DEXTER TOWNSHIP ORDINANCE NO. 45

DEXTER TOWNSHIP FERTILIZER ORDINANCE

A RESOULTION TO ADD A NEW ORDINANCE 45, FERTILIZER ORDINANCE, TO SECURE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE OF THE RESIDENTS AND PROPERTY OWNERS OF DEXTER TOWNSHIP, WASHTENAW COUNTY, MICHIGAN, BY REGULATION FERTILIZER APPLICATIONS ON LAND IN THE TOWNSHIP IN PROXIMITY TO THE HIGH-WATER LEVEL OF A SURFACE WATERBODY, INCLUDING LAKES, STREAMS, RIVERS AND PONDS, OR WETLAND; TO EXCEMPT AGRICULTURAL AND FARM OPERATIONS THAT PRODUCE FARM PRODUCTS AND FOLLOW GENERALLY ACCEPTED AGRICULTURAL AND MANAGEMENT PRACTICES (GAAMPS) FROM THE PROVISIONS OF THIS ORDINANCE; AND TO PRESCRIBE PENALTIES FOR THE VIOLAITON THEREOF.

IT IS HEREBY ORDAINED BY THE PEOPLE OF THE TOWNSHIP OF DEXTER: SECTION 1. TITLE:

This Ordinance shall be known and cited as the “Dexter Township Fertilizer Ordinance.” SECTION 2. PURPOSE AND INTENT:

The purpose of this Ordinance is to protect lakes, rivers, streams, wetlands, groundwater, and other water resources within Dexter Township from nutrient pollution, including phosphorus and nitrogen loading, which can degrade water quality, contribute to algal blooms, and impair ecological function, recreational use, and property values.

SECTION 3. DEFINITIONS:

• Manufactured Fertilizer (or Fertilizer) – A commercially manufactured substance containing one or more recognized plant nutrients, which is used for its plant nutrient content, and which is designed for use, or claimed to have, in promoting plant health. It does not include raw manures, compost, marl, lime, limestone, wood ashes, herbicides or pesticides.

SECTION 4. FERTILIZER APPLICATION; PROHIBITIONS:

• Application of manufactured fertilizers (fertilizer) shall not be permitted between November 15 and May 1 to limit adverse impacts to wetlands and watercourses due to nutrient loading and accelerated cultural eutrophication resulting from stormwater discharge.

• In addition to item A, no fertilizer application of any type or at any time is permitted within 100 feet of the high-water level of a body of water, river, or wetland at any time. Dexter Township recommends a natural vegetative buffer strip along the edge of a body of water, river, or wetland that is planted with native grass, wildflowers, and shrubs instead of turf grass or other non-native vegetation.

• To limit adverse impacts to wetlands and watercourses due to nutrient loading and accelerated cultural eutrophication resulting from stormwater discharge, no fertilizers are permitted within any wetland or watercourse (waters of the state) as defined by the State of Michigan, which currently are defined as follows:

Wetland: Land characterized by the presence of water at a frequency and duration sufficient to support and that, under normal circumstances, supports wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh.

Watercourse: Any waterway including a river, stream, creek, lake, pond or any body of water that has definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water.

• Agricultural and farm operations that produce farm products are exempt from these provisions if they comply with Generally Accepted Agricultural and Management Practices (GAAMPS) for Nutrient Utilization, as amended, published by the Michigan Department of Agriculture and Rural Development.

SECTION 5. VIOLATIONS AND PENALTY:

• This Ordinance shall be enforced by the Township Ordinance Enforcement Officer and such other persons as shall be so designated by the Township Board.

• The owner and/or occupant of land that applies fertilizer, or allows the application of fertilizer, within 100 feet of the high-water level of a body of water, river or wetland during the exclusion period, or within a wetland or watercourse anytime, unless specifically exempt from this Ordinance, shall be notified, if reasonably possible, in writing to cease and desist immediately those activities that violate this Ordinance. Such notice may be served by any means reasonably calculated to inform the owner and/or occupant, including, but not limited to, first-class mail, certified mail return receipt requested, hand-delivery, or posting notice on the property.

• Failure of the owner and/or occupant to comply with such notice shall constitute a violation of this Ordinance.

• Any person or other entity who violates any of the provisions of this Ordinance is responsible for a municipal civil infraction as defined by Michigan Law and subject to a civil fine of TWO HUNDRED and no/100 DOLLARS ($200.00) for each violation. Each application constitutes a new violation. Additionally, violators shall pay costs, which include all direct or indirect expenses to which the Township has been put in connection with the violation and enforcement of the Ordinance. A violator of this Ordinance shall also be subject to such other additional sanctions, remedies and judicial orders as are authorized under Michigan Law.

SECTION 6. SEVERABILITY:

• The provisions of this Ordinance are hereby declared to be severable and if any provision, section or part of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, such decision shall only affect the particular provisions, section or part involved in such decision and shall not affect or invalidate the remainder of such Ordinance, which shall continue in full force and effect.

SECTION 7. PUBLICATION:

• This ordinance shall be published in a newspaper of general circulation as required by law.

SECTION 8. EFFECTIVE DATE:

• The foregoing sections or summary of this Ordinance shall be published in a newspaper of general circulation within the Township of Dexter and shall become effective upon such publication.

SECTION 9. REPEAL:

• All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

STATE OF MICHIGAN COUNTY OF WASHTENAW

Roll call vote: Supervisor Scott, Clerk Stamboulellis, Treasurer Metz Trustees: Sanders, Sikkenga, Abbott, Nolte

Yeas: 6 – Scott, Stamboulellis, Metz, Sanders, Sikkenga, Abbott Nays: 1 – Nolte