[HISTORY: Adopted by the Township Council
of the Township of Parsippany-Troy Hills 8-19-2008 by Ord. No.
2008:22. Amendments noted where applicable.]
[Amended 4-28-2009 by Ord. No. 2009:13; 5-15-2012 by Ord. No.
2012:17]
No person shall engage in the business of commercial lawn fertilizer
application within the Township unless he or she is duly licensed
and authorized to engage in fertilizer application pursuant to N.J.S.A.
58:10A-1 et seq.
Any person violating any provisions of this article shall, upon conviction thereof, be subject to the penalties set forth in § 1-17 of the Township Code.
A.Â
Regulation of the outdoor application of fertilizer
is necessary to reduce the overall amount of excess nutrients entering
waterways, thereby helping to protect and improve surface water quality.
B.Â
Elevated levels of nutrients, particularly phosphorus,
in surface water bodies can result in excessive and accelerated growth
of algae and aquatic plants (eutrophication). Excessive plant growth
can result in diurnal variations and extremes in dissolved oxygen
and pH, which, in turn, can be detrimental to aquatic life. As algae
and plant materials die off, the decay process creates a further demand
on dissolved oxygen levels. The presence of excessive plant matter
can also restrict use of the affected water for recreation and water
supply. While healthy vegetated areas are protective of water quality
by stabilizing soil and filtering precipitation, when fertilizers
are applied to the land surface improperly or in excess of the needs
of target vegetation, nutrients can be transported by means of stormwater
to nearby waterways, contributing to the problematic growth of excessive
aquatic vegetation. Most soils in New Jersey contain sufficient amounts
of phosphorus to support adequate root growth for established turf.
Over time, it is necessary to replenish available phosphorus, but
generally not at the levels commonly applied. Other target vegetation,
such as vegetable gardens and agricultural/horticultural plantings,
will have a greater need for phosphorus application, as will the repair
or establishment of new lawns or cover vegetation. A soils test and
fertilizer application recommendation geared to the soil and planting
type is the best means to determine the amount of nutrients to apply.
Timing and placement of fertilizer application is also critical to
avoid transport of nutrients to waterways through stormwater runoff.
Fertilizer applied immediately prior to a runoff-producing rainfall
outside the growing season or to impervious surfaces is most likely
to be carried away by means of runoff without accomplishing the desired
objective of supporting target vegetation growth. Therefore, management
of the type, amount and techniques for fertilizer application is necessary
as one tool to protect water resources.
C.Â
This article does not apply to fertilizer application
on commercial farms as defined herein; however, improper application
of fertilizer on farms is problematic as well. Stewardship on the
part of commercial farmers is needed to address this potential source
of excess nutrient load to water bodies. Commercial farmers are expected
to implement best management practices in accordance with conservation
management plans or resource conservation plans developed for the
farm by the Natural Resource Conservation Service and approved by
the Soil Conservation District Board.
For the purpose of this article, the following
terms, phrases, words, and their derivations shall have the meanings
stated herein unless their use in the text of this article clearly
demonstrates a different meaning. When not consistent with the context,
words used in the present tense include the future, words used in
the plural include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
The land area, 25 feet in width, adjacent to any water body.
A farm management unit producing agricultural or horticultural
products worth $2,500 or more annually.
A fertilizer material, mixed fertilizer or any other substance
containing one or more recognized plant nutrients, which is used for
its plant nutrient content, which is designed for use or claimed to
have value in promoting plant growth, and which is sold, offered for
sale, or intended for sale.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water. This term
shall be used to include any highway, street, sidewalk, parking lot,
driveway, or other material that prevents infiltration of water into
the soil.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any fertilizer that contains phosphorus, expressed as P2O5, with a guaranteed analysis
of greater than zero; except that it shall not be considered to include
animal (including human) or vegetable manures, agricultural liming
materials, or wood ashes that have not been amended to increase their
nutrient content.
A technical analysis of soil conducted by an accredited soil-testing
laboratory following the protocol for such a test established by Rutgers
Cooperative Research and Extension.
A surface water feature, such as a lake, river, stream, creek,
pond, lagoon, bay or estuary.
No person shall:
B.Â
Apply fertilizer when a runoff-producing rainfall
is occurring or predicted and/or when soils are saturated and a potential
for fertilizer movement off-site exists.
C.Â
Apply fertilizer to an impervious surface. Fertilizer
inadvertently applied to an impervious surface must be swept or blown
back into the target surface or returned to either its original or
another appropriate container for reuse.
D.Â
Apply fertilizer within the buffer of any water body.
E.Â
Apply fertilizer more than 15 days prior to the start
of or at any time after the end of the recognized growing season (March
1 to November 15).
No person shall:
A.Â
Apply phosphorus fertilizer in outdoor areas except
as demonstrated to be needed for the specific soils and target vegetations
in accordance with a soils test and the associated annual fertilizer
recommendation issued by Rutgers Cooperative Research and Extension.
B.Â
Exceptions:
(1)Â
Application of phosphorus fertilizer needed for:
(2)Â
Application of phosphorus fertilizer that delivers
liquid or granular fertilizer under the soils surface, directly to
the feeder roots.
(3)Â
Application of phosphorus fertilizer to residential
container plantings, flowerbeds, or vegetable gardens.