[HISTORY: Adopted by the Village Council of the Village of
Spring Lake 3-6-2006 by Ord. No. 289 (Ch. 30, Art. V, of the 2000 Code
of Ordinances). Amendments noted where applicable.]
A.
Based upon scientific studies and general knowledge, the Village
Council has determined that phosphorus, which is contained in most
manufactured fertilizers, when used within the Village, enters into
the Village water resources, resulting in excessive and accelerated
growth of algae and aquatic plants. The Village Council has therefore
determined that it is necessary and in the public interest to regulate
the application of manufactured fertilizers containing phosphorous
within the Village.
B.
It is also the purpose and intent of this chapter to require licensure
of commercial and institutional applicators of manufactured fertilizers
within the Village.
The following words and phrases, as used in this chapter, shall
have the meanings stated respectively in this section.
Any individual or entity that applies manufactured fertilizer
in the Village in exchange for money or other valuable consideration.
Any individual or entity that applies manufactured fertilizers for the purpose of maintaining turf areas. "Institutional applicator" shall include, but is 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. However, an "institutional applicator" shall not include an owner of individual parcels of land used for a single-family dwelling or agricultural purposes in any residential district under the terms of Chapter 390, Zoning, of the Code of the Village of Spring Lake.
A commercially manufactured substance, which enriches the
soil and contains elements desirable for turf growth.
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 Village. However, this section shall not apply to the application
of fertilizer for the purpose of improving the yield of crops for
other purposes pertaining to agricultural production on a farm.
A.
The prohibition of phosphorus fertilizers shall not apply to any
lots or parcels of land for which the State Department of Agriculture
has determined, based on tests and soil samples, that anhydric phosphoric
acid is required to maintain turf 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 Village Zoning Administrator.
B.
Regardless of any other provision in this chapter to the contrary,
a homeowner, or a commercial applicator working for a homeowner, may
obtain approval to use phosphorous fertilizer on the homeowner's
property, provided the homeowner or applicator submits to the Village
Zoning Administrator and the Village Zoning Administrator 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 analysis 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.
C.
Approvals granted under this section shall be valid for one growing
season only.
A.
All commercial and institutional applicators shall be licensed in
good standing by the Village before they apply manufactured fertilizers
on any lands in the Village.
B.
A license issued under this chapter 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 or institutional applicator shall
complete and submit to the Village Clerk/Treasurer a license application. The license
application shall include the following:
(1)
Legal and business name, address, telephone number and contact person
of the applicant;
(2)
Name, address, and description of institutional applicator property,
if applicable, including the use, area and dimensions of the property;
and
(3)
A copy of the applicant's material safety data sheet (MSDS).
D.
The applicant shall sign the application where indicated, and the
signature shall serve as an attestation that the applicant has read
this chapter in its entirety and agrees to comply with all of its
provisions.
E.
Upon submission of an application, the applicant shall pay any fee
established by the Village Council.
F.
The Village Zoning Administrator shall review the completed application
and determine whether the manufactured fertilizers to be used comply
with the provisions of this chapter.
G.
If the application is complete, and if the proposed use of manufactured
fertilizer would comply with the terms of this chapter, a numbered
license shall be issued. The license shall expire two years from the
date of issuance.
H.
The Village Clerk/Treasurer shall maintain a list of all currently
licensed commercial and institutional applicators.
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter shall be responsible for a municipal civil infraction, subject to § 1-2. Increased civil fines may be imposed for “repeated violations,” which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in § 1-2.[2]
Any homeowner or applicator of manufactured fertilizer aggrieved
by a decision made by the Zoning Administrator under this chapter
shall have the right to appeal to the Village Council.
A.
The appeal shall be commenced by filing with the Village Clerk 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 chapter pending the outcome of the appeal.
B.
The Village Council shall consider the appeal at a public meeting.
The Council shall affirm, affirm with conditions or reverse the decision
or determination being appealed, consistent with the terms of this
chapter.
