[Adopted by Ord. No. 2005-6]
This article shall be known and may be cited as the "Cannon
Township Fertilizer Ordinance."
The following words and phrases, as used in this article, shall
have the meanings stated respectively in this section:
COMMERCIAL APPLICATOR
Any individual or entity that applies manufactured fertilizer
in the Township in exchange for money or other valuable consideration.
INSTITUTIONAL APPLICATOR
Any individual or entity that applies manufactured fertilizers for the purpose of maintaining turf areas. Institutional applicators shall include, but are not limited to, owners of lands, schools, parks, religious institutions, utilities, industrial or business properties and residential properties maintained in condominium and/or 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 Chapter
450, Zoning, nor shall institutional applicator include the owner or operator of a golf course.
MANUFACTURED FERTILIZER
A commercially manufactured substance which enriches the
soil and contains elements desirable for turf growth.
TURF
A covering of grass vegetation which has both aesthetic and
functional benefits maintained at a given level of management.
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 §
215-7 of this article 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.
For purposes of this article, 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.
Any homeowner or applicator of manufactured fertilizer aggrieved
by a decision or determination made by the Township Clerk under this
article 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 article pending the outcome of the appeal.
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
article.
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.