[HISTORY: Adopted by the Township Board of
the Township of Denton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-5-2008 by Ord. No. 71[1]]
[1]
Editor's Note: This ordinance provided that
it shall take effect 1-1-2009.
This article is adopted under the authority
of the Township Ordinances Act, PA 246 of 1945, MCLA 41.181 et seq.
The article shall be known and cited as the
"Denton Township Phosphorus Fertilizer Ordinance."
Denton Township finds that the Township's water
resources are a vital community asset, and protecting these resources
is essential to protecting public health, safety, and general welfare.
Phosphorus contained in lawn fertilizers can wash into lakes and streams
and cause excessive and accelerated growth of aquatic plants and algae.
It is the purpose and intent of this article to regulate the use and
application of lawn fertilizers containing phosphorus to protect the
Township's water resources.
As used in this article, the following terms
shall have the meanings indicated:
Noncrop land planted in closely mowed, managed grasses including,
but not limited to, residential property, commercial property, and
golf courses. Lawn does not mean pasture, hay, turf grown on turf
farms, or any other form of agricultural production.
Any fertilizer distributed for nonagricultural purposes such
as lawns, golf courses, and parks. "Lawn fertilizer" does not include
fertilizer products intended for gardens, indoors uses, or farmlands.
A set of scientific measurements that determine the basic
texture of soil, the pH of the soil, and levels of nutrients such
as nitrogen, phosphorus, potassium, and other constituents for the
purpose of providing a recommendation regarding the amount of nutrients
and rate of application of nutrients for lawn growth.
An entity such as Michigan State University that performs
soil tests and recommends fertilizer application rates.
Lawn fertilizers containing phosphorus shall not be applied to any lawn in the Township except as provided in § 153-6.
Lawn fertilizer containing phosphorus can only
be used within the Township under the following conditions:
A.
A soil test performed by a soil-testing service within
the last year indicates that the level of phosphorus in the soil is
not sufficient to support a lawn. The application of lawn fertilizer
under this section shall not exceed the application rate of phosphorus
recommended by the soil testing service.
B.
Lawn that is being established from seed or sod during
the first growing season.
A.
Violation of this article is a municipal civil infraction,
for which the fine shall be not less than $250 nor more than $500
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 attorney fees incurred
by the Township in enforcing the article or remedying the violation
of the article. For the purposes of this section, "subsequent offense"
means a violation of this article committed with respect to a separate
incident by the same person within 12 months after a previous violation
of the article for which the person admitted responsibility or was
adjudicated to be responsible. Each day of the violation shall constitute
a separate offense.
B.
A violation of this article is 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.
Any person aggrieved by a decision or determination
made by the Township under this article shall have the right to appeal
to the Township Board.
A.
The appeal may 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.
B.
The Township Board shall consider the appeal at a
public meeting. The Township 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 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 denial.
