[Ord. No. 09-11 § 1]
The purpose of this section 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 section does not apply to fertilizer application
on commercial farms.
[Ord. No. 09-11 § 2]
Elevated levels of nutrients, particularly phosphorus, in surface
waterbodies 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.
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 soil 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.
This ordinance 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
to load to waterbodies. 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.
[Ord. No. 09-11 § 3]
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.
shall mean the land area, twenty-five (25) feet in width,
adjacent to any waterbody. (The Department believes that twenty-five
(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
(25) foot buffer constitutes the majority of the available property,
the municipality may reduce the buffer to ten (10) feet in width,
with the additional requirement that a drop spreader be used for fertilizer
application)
shall mean a farm management unit producing agricultural
or horticultural products worth two thousand five hundred ($2,500.00)
dollars or more annually.
shall mean a fertilizer material, mixed fertilizer or any
other substance containing one (1) or more recognized plan 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.
shall mean 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.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean 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.
shall mean 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.
shall mean a surface water feature, such as a lake, river,
stream, creek, pond, lagoon, bay or estuary.
[Ord. No. 09-11 § 4]
No person may do any of the following:
a.Â
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.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 buffer of any waterbody.
d.Â
Apply fertilizer more than fifteen (15) days prior to the start of
or at any time after the end of the recognized growing season which
is March 1st to November 15th.
[Ord. No. 09-11 § 5]
No person may do the following:
a.Â
Apply phosphorus fertilizer in outdoor areas except a demonstrated
to be needed for the specific soils and target vegetation in accordance
with a soil 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:
(a)Â
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)Â
Re-establishing or repairing a turf area.
2.Â
Application of phosphorus fertilizer that delivers liquid or granular
fertilizer under the soil's surface, directly to the feeder roots.
3.Â
Application of phosphorus fertilizer to residential container plantings,
flowerbeds, or vegetable gardens.
[Ord. No. 09-11 § 6]
This section shall be enforced by the Police Department of the
Borough of Woodland Park.
[Ord. No. 09-11 § 7]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed two hundred
($200.00) dollars.
