Borough of Hawthorne, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Borough of Hawthorne 8-18-2010 by Ord. No. 2024-10. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 370.
Movement of soil — See Ch. 420.
Storm sewers — See Ch. 432.
Stormwater management — See Ch. 437.
Water — See Ch. 530.
Zoning — See Ch. 540.
Elevated levels of nutrients, particularly phosphorus, in surface water bodies can result in excess and accelerated algae and plant growth (eutrophication) detrimental to aquatic life and use of water for recreation and water supply. Improperly or excessively applied fertilizers, transported to waterways, contribute to the problematic algae and plant growth. As such, the management of the type, amount, timing and technique for fertilizer application is necessary as one tool to protect water resources.
As used in this chapter, the following terms shall have the meanings indicated:
BUFFER
The land area, 25 feet in width in commercial zones and 10 feet in residential zones.
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 fertilize 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.
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.
WATER BODY
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. 
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.
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 container for reuse.
C. 
Apply fertilizer within the buffer of any water body.
D. 
Apply fertilizer more than 15 days prior to the start of or any time after the end of the recognized growing season, from March 1 to November 15.
No person may do the following:
A. 
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 associates annual fertilizer recommendation 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) 
Reestablished or repairing a turf area.
(2) 
Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soil's surface, directly to the feeder roots.
(3) 
Application of phosphorus fertilizer to residential container plantings, flowerbeds, or vegetable gardens.
This chapter shall be enforced by any member of the Police Department or the Property Maintenance Officer of the Borough of Hawthorne.
Any person(s) found to be in violation of the provisions of this chapter shall be subject to a fine not to exceed $100.