AN ORDINANCE TO REGULATE THE APPLICATION OF
CERTAIN MANUFACTURED FERTILIZERS IN SPECIFIED
LAKE DRAINAGE DISTRICTS
ORDINANCE NO. 2005-6
IN THE TOWNSHIP; TO REQUIRE LICENSURE OF CERTAIN APPLICATORS OF
MANUFACTURED FERTILIZERS; AND TO PROVIDE PENALTIES FOR THE
VIOLATION THEREOF.
THE TOWNSHIP OF CANNON ORDAINS:
SECTION 1. SHORT TITLE. This Ordinance shall be known and may be cited as the
Cannon Township Fertilizer
SECTION 2. INTENT AND PURPOSE.
(a) Based upon scientific studies and general knowledge, the Township Board
has determined that phosphorus, which is contained in most manufactured fertilizers, when used
within the Township, enters into the Township鈥檚 water resources, resulting in excessive and
accelerated growth of algae and aquatic plants. The Township Board has therefore determined
that it is necessary and in the public interest to regulate the application of manufactured
fertilizers containing phosphorous within those districts where storm water drains into the
Township鈥檚 primary lakes, these being Lake Bella Vista, Bostwick Lake, Silver Lake, and
Sunfish Lake.
(b) The Township Board further determines that storm water flowing through
an over- fertilized area of turf is likely to carry portions of fertilizer with it. If such storm water,
carrying all or some of the elements from the fertilizer, should ultimately drain into a lake or
other body of water, there are likely to be adverse impacts upon the lake or other body of water.
Such impacts include the excessive growth or spreading of aquatic plants. Accordingly, it is a
further intent of this Ordinance to provide regulations that will promote the public health, safety
and general welfare by tending to reduce the adverse impacts resulting from fertilizer flowing
into or otherwise reaching lakes and other bodies of water in the Township.
(c) It is the also the purpose and intent of this Ordinance to require licensure
of commercial and institutional applicators of manufactured fertilizes within the Township.
SECTION 3. DEFINITIONS. The following words and phrases, as used in this
Ordinance, shall have the meanings stated respectively in this section:
(a) 鈥淐ommercial applicator鈥? means any individual or entity that applies
manufactured fertilizer in the Township in exchange for money or other valuable consideration.
(b) 鈥淚nstitutional applicator鈥? means any individual or entity that applies
manufactured fertilizers for the purpose of maintaining turf areas. Institutional applicators shall
include, but are not be limited to, owners of lands, schools, parks, religious institutions, utilities,
industrial or business properties and residential properties maintained in condominium and/or
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common ownership; provided, however, that an institutional applicator shall not include an
owner of individual parcels of land used for single family dwelling or agricultural purposes in
any agricultural or residential district under the terms of the Township Zoning Ordinance, nor
shall institutional applicator include the owner or operator of a golf course.
(c) 鈥淢anufactured fertilizer鈥? means a commercially manufactured substance
which enriches the soil and contains elements desirable for turf growth.
(d) 鈥淭urf鈥? means a covering of grass vegetation which has both aesthetic and
functional benefits maintained at a given level of management.
SECTION 4. PROHIBITION ON PHOSPHOROUS FERTILIZERS IN LAKE
DRAINAGE DISTRICTS. No manufactured fertilizer containing any amount of anhydric
phosphoric acid shall be applied on lawns or other turf areas within the drainage districts of Lake
Bella Vista, Bostwick Lake, Silver Lake and Sunfish Lake as shown on the Cannon Township
Lake Drainage Districts map adopted under section 7 of this Ordinance and maintained on file in
the Township office; provided, however, that the provisions of this section shall not apply to the
application of fertilizer for the purpose of improving the yield of crops on a bona fide farm or for
other purposes pertaining to agricultural production on bona fide farms.
SECTION 5. EXCEPTIONS.
(a) The prohibition of phosphorous fertilizers shall not apply to any lots or
parcels of land as to which the Michigan Department of Agriculture has determined, based on
tests and soil samples, that anhydric phosphoric acid is required to maintain a lawn in a healthy
condition. Any commercial or institutional applicator or homeowner who claims this exception
shall submit a copy of the determination made by the Department of Agriculture to the Township
clerk.
(b) Notwithstanding any other provision in this Ordinance to the contrary, a
homeowner, or a commercial applicator working for a homeowner, may obtain approval to use
phosphorous fertilizer on the homeowner鈥檚 property, provided the homeowner or applicator
submits to the Township clerk, and the Township clerk approves, a laboratory analysis of the soil
on the property indicating that the soil requires phosphorous fertilizer in order to be usable for
turf-growing purposes.
(1) Lab analyses conducted for this purpose shall be performed by an
independent source, such as but not limited to the Michigan State University Extension Service.
(2) If the use of phosphorous fertilizer is approved under this
subsection, the resulting application of the phosphorous fertilizer shall be conducted so as to use
only that amount of phosphorous fertilizer indicated in the lab analysis as being sufficient to
render the soil usable for turf- growing purposes.
(3) Approvals granted under this section shall be valid for one growing
season only.
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SECTION 6. COMMERCIAL AND INSTITUTIONAL APPLICATOR OF
MANUFACTURED FERTILIZER LICENSURE REQUIREMENT AND PROCEDURE.
(a) All commercial and institutional applicators shall be licensed in good
standing by the Township prior to their applying manufactured fertilizers on any lands in the
Township.
(b) A license issued under this Ordinance shall be valid until expiration,
suspension or revocation. Licenses shall expire two years from the date of issuance but may be
renewed for additional two-year periods.
(c) To secure a license, a commercial and/or institutional applicator shall
complete and sub mit to the Township Clerk a license application. Applications shall be
submitted by January 31 of the year for which a license is requested. The license application
shall include the following:
(1) Legal and business name(s), address, telephone number and
contact person of applicant.
(2) Name (if application), address and description of institutional
applicator property, including the use, area and dimensions of the property.
(3) A copy of the applicant鈥檚 material safety data sheet (MSDS) may
also be required as part of the license application.
(d) The applicant shall sign the application where indicated, and the signature
shall serve as an attestation that the applicant has read this Ordinance in its entirety and agrees to
comply with all of its provisions.
(e) Upon submission of an application, the applicant shall pay the fee
established by the Township Board.
(f) The Township Clerk shall review the completed application and determine
whether the manufactured fertilizers to be used comply with the provisions of this Ordinance.
(g) If the application is complete, and if the proposed use of manufactured
fertilizer would comply with the terms of this Ordinance, a numbered license shall be issued.
The license shall expire two years from the date of issuance.
(h) The Township Clerk shall maintain a list of all currently- licensed
commercial and institutional applicators.
SECTION 7. LAKE DRAINAGE DISTRICTS. For purposes of this Ordinance, the
following lake drainage districts are hereby established: Lake Bella Vista, Bostwick Lake, Silver
Lake and Sunfish Lake. The lands comprising each lake drainage district shall be those shown
on the Cannon Township Lake Drainage Districts map, which shall be maintained on file in the
Township office.
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SECTION 8. FERTILIZING OF GOLF COURSE LANDS.
(a) Because of the unique nature of golf courses, it is recognized that the
application of fertilizers containing some quantity of phosphorus, to lands comprising golf
courses, may be needed in order to promote the growth of grass and to maintain it in a healthy
condition.
(b) Accordingly, as stated in section 3(b), the owner or operator of a golf
course shall not be deemed an institutional applicator and shall not be subject to the licensing
requirements of section 6. However, the owner or operator of a golf course shall not apply
phosphorous fertilizer to golf course lands to such extent that storm water runoff from such lands
results in a detectible level of phosphorus in the storm water runoff from the golf course lands.
Any such application of phosphorus fertilizer on the part of a golf course owner or operator that
results in such detectible level of phosphorus in storm water runoff shall be a violation of this
Ordinance.
SECTION 9. VIOLATION; PENALTIES; ENFORCEMENT.
(a) A violation of this Ordinance is a municipal civil infraction, for which the
fine shall be not be less than $250 nor more than $500 for the first offense and not less than
$500, nor more than $1,000 for a subsequent offense, in the discretion of the Court, and in
addition to all other costs, damages, expenses and actual attorneys fees incurred by the Township
in enforcing the Ordinance and/or remedying the violation of the Ordinance. For purposes of
this section, 鈥渟ubsequent offense鈥? means a violation of this Ordinance committed with respect to
a separate incident by the same person within twelve months after a previous violation of the
Ordinance for which said person admitted responsibility or was adjudicated to be responsible.
Each day that a violation occurs shall constitute a separate offense.
(b) A violation of this Ordinance is hereby declared to be a nuisance per se.
In addition to other penalties and remedies, the Township may seek injunctive relief against the
violator, in addition to other relief provided by law.
(c) Should a commercial or institutional applicator be found to be in violation
of this Ordinance, the Township Board, following notice and an opportunity of the licensee to be
heard, may revoke a license for such period of time as the Board may determine. If a
commercial or institutional applicator is found to be in violation of this Ordinance on more than
one occasion in any one calendar year, the Township Board shall revoke the license of such
applicator for a period of not less than one calendar year, and for such greater period of time as
the Board may determine.
SECTION 10. APPEALS. Any homeowner or applicator of manufactured fertilizer
aggrieved by a decision or determination made by the Township Clerk under this Ordinance shall
have a right to appeal such determination to the Township Board.
(a) The appeal shall be commenced by filing with the Township Board a
written statement containing the specific reasons for the appeal within 30 days following the date
of the decision being appealed. The timely filing of an appeal shall have the effect of staying
any license issued under this Ordinance pending the outcome of the appeal.
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(b) The Township Board shall consider the appeal at a public meeting. The
Board shall affirm, affirm with conditions or reverse the decision or determination being
appealed, consistent with the terms of this Ordinance.
(c) The decision of the Township Board on the appeal shall be set forth in
writing, and a copy thereof shall be given to the party appealing. If the appeal is denied, the
written decision shall include the reasons for the denial.
SECTION 11. SEVERABILITY. The various parts, sections and clauses of this
Ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is
adjudged unconstitutiona l or invalid by a court of competent jurisdiction, the remainder of the
Ordinance shall not be affected.
SECTION 12. ADOPTING AND EFFECTIVE DATE. This Ordinance shall become
effective 30 days after its publication, or 30 days after the publication of a summary of its
provisions, in a local newspaper of general circulation.
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