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Mashpee Nitrogen Control Bylaw Final Draft July 3, 2014
<br /> seaweed, as defined and applied in accordance with standards in Section 5(f), is also excluded from the
<br /> definition of fertilizer.
<br /> "Heavy rain" is a rainfall greater than 0.25 inches per hour during the next 24 hour period or a rainfall
<br /> of greater than one inch total in the next 24 hour period.
<br /> "Impervious surface"means any structure, surface, or improvement that reduces or prevents absorption
<br /> of storm water into land, and includes concrete, asphalt, paver blocks, gravel, decks, patios, elevated
<br /> structures, and other similar structures, surfaces, or improvements.
<br /> "MDAR Fertilizer Regulations" means the most recent regulations of the "Plant Nutrient Application
<br /> Requirements for Agricultural Land and Land Not Used for Agricultural Purposes", developed by the
<br /> Massachusetts Department of Agricultural Resources (MDAR) pursuant to its authority under G.L. c.
<br /> 128, Sections 2(k) and Section 65(A), as amended by St. 2012, c. 262. 330 CMR 31.00. The
<br /> application of phosphorus in fertilizer is regulated, for the purposes of this Bylaw, by the MDAR
<br /> Fertilizer Regulations.
<br /> "Naturally Vegetated Buffer Zone" means areas of indigenous vegetation. Plantings may be
<br /> considered as naturally vegetated if they meet the standards of the Mashpee Conservation Commission
<br /> and include a low-growing herbaceous layer of vegetation, which includes grassland, heathland or
<br /> meadow plantings.
<br /> "Nitrogen" means an element essential to plant growth. For the purposes of the Bylaw, nitrogen may
<br /> be available as slow-release, controlled-release, timed-release, slowly available, or water insoluble
<br /> nitrogen, which means nitrogen in a form that delays its availability for plant uptake and use after
<br /> application and is not rapidly available to turf and other plants; and/or quick-release, water-soluble
<br /> nitrogen which means nitrogen in a form that does not delay its availability for turf and other plant
<br /> uptake and is rapidly available for turf and other plant uptake and use after application.
<br /> "Saturated ground"means soil soaked with moisture so that it cannot absorb any more liquid.
<br /> "Turf, Lawn, or Sod" means any non-crop land area that is covered by any grass species, excluding
<br /> meadows, grasslands, flower or vegetable gardens, pasture, hay land, trees, shrubs, turf grown on turf
<br /> farms or any form of agricultural production or use.
<br /> 4. Performance Standards
<br /> All application of nitrogen to turf shall comply with the following standards:
<br /> a. The application of nitrogen is prohibited between October 30th and April 14th unless
<br /> specifically permitted by the Town Board of Health, the Town Conservation Commission or
<br /> the Board of Selectmen, as set out below. Based on early spring or fall weather conditions, soil
<br /> temperature and degree of turf emergence from dormancy, or other relevant condition, and
<br /> using the guidelines of the BMP, the Town Board of Health, the Town Conservation
<br /> Commission, or the Board of Selectmen may permit earlier or later application of nitrogen, in
<br /> which case such extended period shall be announced by notice or publication. A working
<br /> group may be established by the Board of Selectmen to assist in undertaking the duties
<br /> referenced in this paragraph.
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