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Home My Public Portal AboutOrd. 11-017Orbinana No IIf fhQ vraugh o Cortina �C 4, Councilman Presents the following Ordinance Seconded by Councilman Fertilizer Application Ordinance SECTION 1. Purpose: A ordinance 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 ordinance does not apply to fertilizer application on commercial farms. SECTION II. Basis and Background: Elevated levels of nutrients, particularly phosphorus In surface waterbodles 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 resold 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 fertiilzers are applied to the land surface improperly or in excess of the needs of target vegetation, nutrients can be transported by means of stormwaler 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. As sails tests 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 an commercial farms, but Improper application of fertilizer on farms would be problematic as well stewardship on the part ofcommercial farmers is needed to address this potential source of excess nutrient load to waterbodles. 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. SECTION III. Definitions: For the purpose of this ordinance, the following terns, phrases, words, and their derivations shall have the meanings stated herein unless their use in the te f this sed Ordinance prese Include a different meaning. When not Inconsistent with the context, NO. 11-17 PAGF 2 of 3 the future, the singular number Include the plural number. The work °shall" is always mandatory and not merely directory. a. Buffer —the land area, 25feet in width, adjacent to any waterbody. b. Commercial Farm —a farm management unit producing agricultural or horticultural products worth $2,500 or more an nuaRy. c. Fertilizer —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. d. 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 to Infiltration by water. This term shall be used to Include any highway, street, sidewalk, parking lot, driveway, or other material that prevents Infllratlon of water into the sell. e. Person — any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to mu nicipa l judsdidio n. ft Phosphorus Fe it lizer— a ny fertilizer that conta Ins phosphorus, expressed as Pa Os, with 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 nutdent content. g. Sells 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. h. Waterbody —a surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary. SECTION IV. Prohibited Conduct: No person maydo any of the following: a) Apply fertilizer when a runoff producing rainfall is occurring or predicted and /or when sells 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 waterbody. d) Apply fertilizer more than 15 days prior to the start of or at any time after the end of the recognized growing season. The growing season for the Borough of Carteret is between March 1" to November IS` as per the USDA Plant Hardiness Zone. SECTION V. Phosphorus Fertilizer Application: 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 sells test and the associated annual fertilizer recommendation Issued by Rutgers Coopeative Research and Extension. NO. 11 -17 PACB of 3 Exceptions 1. Application of phosphorus fertilizer needed for a. Establishingvegetation 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, W.S.A. 4:24 -39 at seq. and implementing rules, b. Re- established or repairing a turf area. 2. Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soils surface, directly to the feeder roots. 3. Application ofphosphows fertilherto residential container plantings, fiowerbeds, orvagetable gardens. SECTION VI. Enforcement: This Ordinance shall be enforced by the Borough of Carteret. J SECTION VII. Violations and Penalties: Any person (s) found to be In violation of the provisions of this ordinance shall be subject to a fine not to exceed $500.00. SECTION VIII. Severability: Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an Independent section, subsection, sentence, clause and phrase and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or Ineffective for any cause, or reason, shall not affect any other portion of this Ordinance. SECTION IX. Effective Date: This Ordinance shall be in full force and effect RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. pal l�[M DLAZ �I4PIES DI WTIO STPARZ X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto lII� I Adopted on first reading of the Council f the Borough oPCarteret, N.J., on ' Jul 2011 Adopted on second rea earl APPROVED Y ,1 fAYOR ON a2.� LL' /Sdiv'iC^2/ �; „„j. , MUNICIPALCLERK AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: June 21, 2011 Notary Public of New Jersey LINDA A. RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2018 Sworn and subscribed before me this-;12 day of ma y ✓ athleen M. Barney, MMC Municipal Clerk BOROUGH OFCRR1EREf AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: July 1J, 2011 rotary PublicLAWMERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2 Sworn and subscribed before me this day of �L i e athleen M. Barney, MMC Municipal Clerk BOROUGH OF CARTERET )11 368242