[HISTORY: Adopted by the Village Council of the Village of
Ridgewood 7-8-2009 by Ord. No. 3200. Amendments noted where applicable.]
A.
An ordinance to regulate the outdoor application of fertilizer so
as to reduce the overall amount of excess nutrients entering the Village's
various waterways, thereby helping to protect and improve surface
water quality. This chapter is part of the Village of Ridgewood's
requirements for compliance with requirements of the Tier A municipal
stormwater general permit NJPDES Permit No. NJG0152170.
B.
The Village Council of the Village of Ridgewood finds that the regulation
of fertilizer application in the Village will assist in reducing elevated
levels of nutrients, particularly phosphorus, in surface water bodies
which can result in excess and accelerated growth of algae and aquatic
plants (eutrophication) in the receiving bodies of water. Excess plant
growth can result in diurnal variations and extremes in dissolved
oxygen and pH levels, which, in turn, can be detrimental to aquatic
life. The presence of excessive plant matter can also restrict use
of the affected water for recreation and water supply. This chapter
provides a means to regulate fertilizer application and to prescribe
penalties for the failure to comply.
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.
The land area, minimum of 10 feet in width, for properties
in the R-1, R-2, and R-125 Zoning Districts of the Village, adjacent
to any water body.
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.
Any street, highway, parking lot, sidewalk, driveway, avenue,
boulevard, road, parkway, viaduct, drive, or other way which has been
covered with a layer of material so that it is highly resistant to
infiltration by water. An impervious surface shall also mean any material
that prevents the infiltration of water into the soil.
Any individual, property owner, corporation, company, partnership,
firm, association or political subdivision of the State of New Jersey
subject to the municipal jurisdiction of the Village of Ridgewood.
Any fertilizer that contains phosphorus, expressed as P205,
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.
Any surface water feature, such as a lake, river, stream,
creek, pond, lagoon, bay or estuary.
No person, entity, business or commercial venture, or organization
may perform the following:
A.
Apply fertilizer when a runoff-producing rainfall event is occurring
or predicted and/or when soils are saturated and a potential for fertilizer
migration off site exists.
B.
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,
properly labeled container for reuse.
C.
Apply fertilizer within the established buffer of any water body
in the Village of Ridgewood.
D.
Apply fertilizer more than 15 calendar days prior to the start of
or at any time after the end of the recognized growing season. According
to the United States Department of Agriculture (USDA) Plant Hardiness
Zone Maps, available in the Standards for Soil Erosion and Sediment
Control in New Jersey, July 1999 edition, the Village of Ridgewood
shall be considered in Growing Season Zone 6b, with the effective
dates of March 1 to November 15 of each year.
E.
Apply fertilizer to any property or portion of a property that is
within stream buffer corridor by any means other than a drop spreader
or low-pressure hand-applied liquid fertilizer, with the discharging
nozzle held vertically no more then three feet above the vegetation
being fertilized.
A.
No person, entity, business or commercial venture, or organization
may perform the following:
(1)
Apply phosphorus containing fertilizer in an outdoor area, except
as demonstrated to be needed for the specific soils and target vegetation
in accordance with a laboratory analysis of the soil and the associated
annual fertilizer recommendation issued by the Rutgers Cooperative
Research and Extension service.
B.
Permitted exceptions.
(1)
Application of phosphorus fertilizer needed for:
(a)
Establishing vegetation for the first time, such as after land
disturbance, provided that 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)
Establishing vegetation after a project that has been issued
a Village of Ridgewood site grading permit in accordance with Ordinance
No. 3035 has been completed;
(c)
Reestablishing or repairing a turf area.
This chapter shall be enforced by the Village of Ridgewood Police
Department and/or the Director of the Department of Public Works and/or
his/her designated representative and/or the Village of Ridgewood
designated property maintenance enforcing agent.
Any person, property owner, agent of a property owner, landscaper,
commercial entity, organization or such found to be in violation of
the provisions of this chapter shall be subject to a minimum fine
of $100 per violation, not to exceed $2,000.
