Township of Washington, NJ Chapter 85 Fertilizer and Pesticide Management

[HISTORY: Adopted by the Township Committee of the Township of Washington 12-19-2005 by Ord. No. 45-05. Amendments noted where applicable.]

GENERAL REFERENCES

Land use procedures — See Ch. 111.

Zoning — See Ch. 217.

§ 85-1 Purpose.

The purpose of this chapter is to prohibit the application of fertilizers and pesticides, other than Rodeo or an equivalent product, within 25 feet of C1 and other streams or state open waters, as said terms are defined in Chapter 111, Land Use Procedures, so as to protect public health, safety and welfare and to prescribe penalties for the failure to comply.

§ 85-2 Definitions.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number 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. Terms not defined herein shall have the meanings set forth in Chapter 111, Land Use Procedures.

FERTILIZER

Any substance used to promote soil fertility.

PERSON

Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.

PESTICIDE

Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest; and any substance or mixture of substances intended for use as a plant regulator, defoliator or desiccant. It shall include all pesticide products registered as such by the United States Environmental Protection Agency and the New York State Department of Environmental Protection Agency and the New Jersey Department of Environmental Protection and all products for which experimental use permits and provisional registrations have been granted by the United States Environmental Protection Agency and the New Jersey Department of Environmental Protection.

§ 85-3 Prohibited conduct.

No person shall apply fertilizers or pesticides, except for Rodeo or an equivalent product, to any area that is within 25 feet of the bank of a stream, state open water or defined watercourse.

§ 85-4 Exceptions.

Any application of a fertilizer or pesticide that is permitted by the Washington Township Right to Farm Ordinance, § 217-40, or by state law, which law pre-empts the provisions of this chapter, including but not limited to the New Jersey Right to Farm Act.

§ 85-5 Enforcement.

All police officers of the Township, regular and special, the Zoning Officer, the Department of Public Works Superintendent or his/her duly authorized designee and the Health Officer or his/her duly authorized designee are hereby given full power and authority and are charged with the duty to enforce all provisions of this chapter.

§ 85-6 Violations and penalties.

[Amended 4-16-2007 by Ord. No. 9-07]

Any person or persons, firm, association or corporation violating any of the provisions of this chapter shall be subject, upon conviction, to the penalties provided in § 1-3 of this Code.