[Ord. No. 2009-15 § I]
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. 2009-15 § II]
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.
Shall mean the land area, 10 feet in width, adjacent to any
waterbody, except that for any fertilizer application between 10 feet
and 25 feet from any water body, a drop spreader must be used.
Shall mean a farm management unit producing agricultural
or horticultural products worth $2,500 or more annually.
Shall mean 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.
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. 2009-15 § III]
No person may do any of the following:
a.Â
Apply fertilizer when a runoff producing rainfall is occurring or
predicted within 12 hours 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 15 days prior to the start of or at any
time after the end of the recognized growing season which is USDA
Plant Hardiness Zone 6b (March 1 to November 15).
[Ord. No. 2009-15 § IV]
No person may do the following:
a.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:
(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-established 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.
[Ord. No. 2009-15 § V]
This section shall be enforced by the Building Department, Township
Engineer or his designee and Police Department of the Township of
Chatham.
[Ord. No. 2009-15 § VI]
Any person(s) found to be in violation of the provisions of
this section shall be subject to one warning. After the first warning,
the fine for a second violation shall not exceed $500. For each subsequent
violation, the fine shall not exceed $1,000 per violation.
