[Ord. #2073, 11-10-2009, adopted]
The purpose of this section is to amend Chapter 17, Stormwater Management, and create a new Section 17-3 thereof, entitled "Fertilizer Application," of the Revised General Ordinances of the Township of Bernards. This section regulates the outdoor application of fertilizer so as to reduce the overall amount of excess nutrients entering waterways, thereby helping to protect and improve surface water quality. This section does not apply to fertilizer application on commercial farms.
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section 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.
BUFFER
The land area, 25 feet in width, adjacent to any waterbody. The NJDEP believes that 25 feet is the appropriate buffer width to be protective of water quality. However, in situations that warrant additional flexibility, such as where lot sizes are exceptionally small or where the twenty-five-foot buffer constitutes the majority of the available property, the municipality may reduce the buffer to 10 feet in width, with the additional requirement that a drop spreader be used for fertilizer application.
COMMERCIAL FARM
A farm management unit producing agricultural or horticultural products worth $2,500 or more annually.
FERTILIZER
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.
IMPERVIOUS SURFACE
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.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PHOSPHORUS FERTILIZER
Any fertilizer that contains phosphorus, expressed as P20s, 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.
SOILS TEST
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.
WATERBODY
A surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.
No person may do any of the following:
a. 
Intentionally apply fertilizer when it is reasonably predictable (i) a runoff-producing rainfall is occurring or predicted, or (ii) when soils are saturated and a potential for fertilizer movement off site exists.
b. 
Intentionally 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.
c. 
Intentionally apply fertilizer within the buffer of any waterbody.
d. 
Intentionally apply fertilizer more than 15 days prior to the start of or at any time after the end of the recognized growing season. The growing season for Bernards Township is identified on the USDA Plant Hardiness Zone Map as Zone 6a - March 15 to October 31.
No person may do the following:
a. 
Intentionally apply phosphorus fertilizer in outdoor areas except as demonstrated to be needed for the specific soils and target vegetation in accordance with a soils test and the associated annual fertilizer recommendation, if and when issued by Rutgers Cooperative Research and Extension.
b. 
Exceptions.
1. 
Application of phosphorus fertilizer needed for:
(a) 
Establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.
(b) 
Re-established or repairing a turf area.
2. 
Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soils surface, directly to the feeder roots.
3. 
Application of phosphorus fertilizer to residential container plantings, f1owerbeds, or vegetable gardens.
This section may be enforced by the Police Department of the Township of Bernards.
Any person who is found to be in violation of the provisions of this section shall be subject to a minimum penalty, which shall consist of a fine which may be fixed at any amount not exceeding $100.
Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
This section shall be in full force and effect from and after its adoption and any publication as may be required by law.