Ordinance No. 19-09
Introduced: July 2, 2009
Public Hearing: August 6, 2009
An ordinance amending Article IX, Fertilizers, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph
WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and
WHEREAS, the Tier A Municipal Stormwater General Permit (Tier A Permit) for discharge to surface water and groundwater is one of four New Jersey Pollutant Discharge Elimination System (NJPDES) general permits that are part of the Municipal Stormwater Regulation Program established by the New Jersey Departmental of Environmental Protection (DEP); and
WHEREAS, the Township of Randolph received authorization under the Tier A Permit to discharge stormwater from municipal separate storm sewers in 2004; and
WHEREAS, on March 1, 2009, the DEP renewed the Tier A Permit for an additional five year period and amended the Tier A Permit to refine aspects of the Tier A Permit to better protect water quality and to assist municipalities in complying with the conditions of the Tier A Permit; and
WHEREAS, the amendments to the Tier A Permit require the Township of Randolph to have fully implemented a fertilizer management ordinance consistent with the model ordinance provided by the DEP by September 1, 2009; and
WHEREAS, the Township of Randolph desires to amend Article IX, Fertilizers, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph to be consistent with the model ordinance provided by the DEP and 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.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
SECTION ONE. Article IX, Fertilizers, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph is hereby deleted in its entirety and replaced by the following:
Sec. 24-251. Purpose.
An 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.
Sec. 24-252. Basis and Background.
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 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.
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 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.
Sec. 24-253. Definitions.
For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Ordinance 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.
A. Buffer - the land area, 25 feet in width, adjacent to any waterbody.
B. Commercial farm - a farm management unit producing agricultural or horticultural products worth $2,500 or more annually.
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, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil.
E. Person - any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
F. Phosphorus fertilizer - any fertilizer that contains phosphorus, expressed as P205, 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.
G. 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.
H. Waterbody - a surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.
Sec. 24-254. Prohibited Conduct.
No person may do any of the following:
A. Apply fertilizer when a runoff producing rainfall is imminent or is occurring 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 25 feet of any waterbody unless a drop spreader is used. In no case shall fertilizer be applied within 10 feet 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, March 15 to October 31.
Sec. 24-255. 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 on athletic playing fields in accordance with a soils test and the associated annual fertilizer recommendation issued by Rutgers Cooperative Research and Extension.
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. 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 of phosphorus fertilizer to residential container plantings, flowerbeds, or vegetable gardens.
Sec. 24-256. Commercial fertilizer application licensure.
A. License required. No person shall engage in the business of fertilizer application within the Township unless a municipal license has been obtained from the Randolph Health Department as provided herein.
B. Licensing procedure. Applications for a fertilizer applicator license shall be submitted to the Randolph Health Department. The application shall consist of the following:
1. Identification. Name, address, telephone number of applicant and any individuals authorized to represent the applicant, and New Jersey commercial pesticide application license number (if licensed).
2. Fertilizer formula. A copy of the fertilizer mixtures to be applied within the Township shall be submitted along with the initial application for a license, and thereafter, at least 30 days before fertilizer composition changes are implemented.
3. License fee. The license fee shall be set forth in appendix A of the Revised General Ordinances. The license shall expire 36 months from the date of issuance.
C. Conditions of license. Fertilizer applicator licenses shall be issued subject to the following conditions, which shall be specified on the license form:
1. Random sampling. Fertilizer applicators shall permit the Township to sample any fertilizer application to be applied within the Township at any time after issuance of the initial license.
2. Possession of license. The fertilizer application license or a copy thereof shall be in the possession of any party employed by the fertilizer applicator when making fertilizer applications within the Township.
3. Signs. Licensees shall install a sign upon each lawn or open area to which fertilizer is applied indicating compliance with this section. The sign shall be in a format and location acceptable to the Township. Licensees shall also be required to maintain a sticker to be issued by the Randolph Health Department evidencing issuance of a license on all vehicles utilized by the licensee during the fertilizer application process.
D. Revocation or suspension of license. All licenses issued under this section shall be deemed to be granted upon the express condition that, in addition to any other sanction or penalty, the Director of Health may:
1. After due notice by personal service or registered or certified mail and, after a due process hearing, suspend or revoke the license of any person for violating any provision of this section.
2. Suspend temporarily, pending a hearing or notice thereof, any such license when deemed appropriate and necessary to protect the public interest as expressed in this article.
Sec. 24-257. Enforcement.
This ordinance shall be enforced by the Health Department of the Township of Randolph.
Sec. 24-258. Violations and Penalties.
Any person(s) found to be in violation of the provisions of this ordinance shall be subject to a fine in accordance with the penalty provisions of Section 1-7 of the Revised General Ordinances of the Township of Randolph.
SECTION TWO. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.
SECTION THREE. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.
SECTION FOUR. This Ordinance shall take effect as provided by law.
Donna Marie Luciani, Township Clerk
TOWNSHIP OF RANDOLPH
Edward A. Metz, Mayor
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 19-09
NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Article IX, Fertilizers, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on July 2, 2009 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on August 6, 2009 at 8 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to amend Article IX, Fertilizers, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph in accordance with the amendments to the Tier A Municipal Stormwater General Permit and to be consistent with the model ordinance provided by the DEP. In addition the purpose of this Ordinance is to amend Article IX, Fertilizers, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph 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.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey