[Added 5-24-2011 by Ord. No. O-11-025]
The purpose of this article is to regulate 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 article does not apply to fertilizer application
on commercial farms.
A.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.
B.Â
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, the 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 application of fertilizer on commercial
farms, but improper application of fertilizer on farms would be 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.
A.Â
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.
B.Â
BUFFER
COMMERCIAL FARM
DROP SPREADER
FERTILIZER
IMPERVIOUS SURFACE
PERSON
PHOSPHORUS FERTILIZER
SOILS TEST
WATER BODY or WATER BODIES
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 10 feet in width, adjacent to any water body.
A farm management unit producing agricultural or horticultural
products worth $2,500 or more annually.
A machine for dispersing fertilizer or other such material
that operates by creating an opening across the entire bottom of the
device, causing the contents to drop straight down. Not a broadcast
spreader, which drops the contents onto a disc that spins while the
spreader is in motion causing the contents to be flung in a circle
around the spreader.
Means 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 or features, such as a lake, river,
stream, creek, pond, lagoon, bay or estuary.
No person may do any of the following:
A.Â
Apply fertilizer when a runoff-producing rainfall is occurring or
predicted within the next 12 hours by the National Weather Service
and/or when soils are saturated and a potential for fertilizer movement
off site exists.
B.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.
C.Â
Apply fertilizer within the ten-foot buffer of any water body.
D.Â
Apply fertilizer within 10 to 25 feet of any water body unless application
is completed by using a drop spreader only.
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 for USDA Plant
Hardiness Zone 6. USDA Plant Hardiness Zones mapping can be found
in The Standards for Soil Erosion and Sediment Control in New Jersey,
July 1999. The growing seasons are identified as follows: Zones 5b
and 6a (northwestern New Jersey): March 15 to October 31; Zone 6b
(northeastern, central and part of southern New Jersey): March 1 to
November 15; Zones 7a and 7b (Atlantic Coastal area and southwestern
New Jersey): February 1 to November 30. (Refer to USDA Plant Hardiness
Zone mapping for more information).
A.Â
No person may do the following:
(1)Â
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
issued by Rutgers Cooperative Research and Extension.
B.Â
Exceptions.
(1)Â
Application of phosphorus fertilizer needed for 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, reestablished or repairing a turf area.
(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.
This article shall be enforced by the Department of Administration,
Code Enforcement and Environmental Affairs and/or other municipal
officials of the Township of Montclair.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $2,000,
imprisonment in the county/municipal jail for a term not exceeding
90 days, or a period of community service not exceeding 90 days, or
any combination thereof as determined by the Municipal Court Judge.
Each day on which a violation of an ordinance exists shall be considered
a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal
Court Judge may determine.
Each section, subsection, sentence, clause and phrase of this
article is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this article to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this article.