05/01/2017 Annual Town Meeting - Laserfiche WebLink

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with side guards to prevent application onto Resource Areas and other non-turf areas. Golf courses with liners installed adjacent to ponds and other Resource Areas to prevent leaching of nitrogen are exempt from Section 4(d) in those areas where such liners are installed. C. Application of nitrogen and/or phosphorus to gardens, including vegetable and flower, trees, shrubs and indoor applications including greenhouses; these applications are regulated by the MDAR Fertilizer Regulations, D. Application of nitrogen and/or phosphorus for the establishment of new vegetation in the first growing season, or repairing of turf in the first growing season, after substantial damage, with the restrictions described in Section 5 (b) for applications in the buffer zone of regulated Resource Areas referenced in Section 4(d). E. Application of compost or other similar materials that are primarily organic in nature and are applied to improve the physical condition of the soil, F. Compost tea and liquid seaweed applications, including formulas with less than 6% total nitrogen, if and only if applied in a manner that follows label recommendations and/or standard industry recommendations for a foliar application to the point of leaf runoff. No root drenching of compost tea or liquid seaweed with nitrogen is permitted within the buffer zone of regulated Resource Areas referenced in Section 4(d). §107-6. Recommendations The Town of Mashpee strongly recommends that nitrogen and/or phosphorous should be applied to turf and other plants at the lowest rate necessary, as is described in the BMP. Any single application of nitrogen should not exceed 0.5 pounds of nitrogen per 1000 square feet, and the annual aggregate total application of nitrogen should not exceed 1.0 pound per 1000 square feet. The application of any nitrogen should be of a natural-organic, slow-release, water-insoluble form. §107-7. Enforcement Authority The enforcement authority for all Performance Standards shall be the Agents of the Board of Health, the Conservation Commission, the Department of Natural Resources, or their designees. The fine for the first offense shall be no greater than $150. A warning in lieu of a fine or other enforcement action for the first offense can be issued at the discretion of the enforcement authority. The fine for a second offense shall be $250. The fine for each subsequent offense shall be $300. §107-8. Severability Clause Should any Section, part or provision of this by-law be deemed invalid or unconstitutional, such decision shall not affect the validity of the remaining terms of this by-law as a whole or any part thereof, other than the Section, part or provision held invalid or unconstitutional. Submitted by the Board of Selectmen Explanation: Mashpee waters do not meet Clean Water Act standards because of excess nitrogen degrading Popponesset and Waquoit Bays, both of which are vital to our economy. The principle cause are septic systems and cesspools, but the second leading cause of excess nitrogen is lawn 38