Ordinance No. 4 of 2009
AN ORDINANCE PURSUANT TO ACT 246 OF
THE PUBLIC ACTS OF 1945,
AS AMENDED, TO PROVIDE PROCEDURES
INTENDED TO COMPLY WITH
FEDERAL
INCLUDING PRIVATE PROPERTY ALONG THE
SHORELINE IN A PHRAGMITES ERADICATION
ZONE
THE
Section
1. Title.
This Ordinance shall be known as the
Banks Township Phragmites Ordinance.
Section
2. Legislative Findings and Purpose of Ordinance.
Phragmites is an invasive species
whose spread is not halted by traditional legal
boundaries between parcels. Although
Phragmites seeds can cause a small amount of spread, most reproduction is
accomplished through runners growing along the ground. A single stand of Phragmites can spread 30-50
feet per year through these runners. If left unchecked, dense Phragmites stands
can block views of
the adverse impacts of a Phragmites
infestation.
Section
3. Definitions. As
used in this Ordinance,
“Bottomland” means lands in
“Ordinary high water mark” means the
elevation above sea level, International Great Lakes datum of 1955 established
for Lake Michigan, 579.8 feet, by Section 32502 of Part 325 of the Natural
Resources and Environmental Protection Act of 1984, as amended, being MCL
“Person” means an individual, firm,
corporation, association, partnership, limited liability company, or other
legal entity.
“Phragmites” or “Phragmites plant”
means the invasive plant species with the scientific name Phragmites
australis, also known
as the common reed, which is a large perennial grass native to wetland sites
throughout temperate regions of the world.
“Phragmites administrator” means the
person appointed by the Township Board to administer this Ordinance.
“Phragmites eradication zone” means
the bottomland within the Township with a
Phragmites infestation that the
Township Board has determined is subject to
Phragmites treatment.
“Phragmites infestation” means the
presence of one or more seed heads in a
Phragmites plant.
“Phragmites treatment” means the
application of necessary herbicide chemicals by a person authorized to do so
under a permit issued by the Michigan Department of Environmental Quality
(DEQ).
“Township Board” means the Banks
Township Board.
Section
4. Phragmites Inspection; Written Report; Right to Access Property; Consent;
Administrative Search Warrant.
Unless the Township Board directs
otherwise, the Phragmites administrator shall
annually conduct an inspection of all
Township for the purpose of
identifying all parcels on which a Phragmites infestation is present. The
Phragmites administrator shall submit a written report of his or her findings
to the Township Board no later than the Township Board’s regular June meeting.
The Phragmites administrator shall have the right to access all
Section
5. Public Hearing to Show Cause Why Property Should not be Included in
Phragmites Eradication Zone; Notice of Public Hearing.
After receiving the written report
from the Phragmites administrator identifying all
parcels in the Township on which a
Phragmites infestation is present, the Township Board shall schedule a public
hearing giving the owners of the property identified by the Phragmites
administrator in his or her written report submitted to the Township Board
under Section 4 of this Ordinance an opportunity to show cause why their
property should not be included in the Phragmites eradication zone. A written
notice of the public hearing, specifying the time, date, and place of the
hearing and stating that the parcel has been tentatively identified for
inclusion in the Phragmites eradication zone, shall be sent by first-class mail
to all owners of record or other parties in interest whose names and mailing
addresses are on the Township assessment records no less than twenty (20) days
before the hearing. Notice of the public hearing shall also be published twice
in a newspaper of general circulation in the Township with the first
publication being no less than twenty
(20) days before the hearing.
Section
6. Parcels to be Included in Phragmites Eradication Zone.
Following the public hearing required
under Section 5 of this Ordinance, the Township Board shall determine which
parcels identified by the Phragmites administrator in his or her written report
submitted to the Township Board under Section 4 of this Ordinance shall be
included in the Phragmites eradication zone. The Township Board shall exclude a
parcel identified by the Phragmites administrator in his or her written report
upon a finding that due to the isolation of the parcel in relation to other
parcels, the minor nature of the Phragmites infestation on the parcel, or other
factors the exclusion of the parcel from the Phragmites eradication zone shall
not have a significantly detrimental impact on the effectiveness of the
Phragmites treatment in the Township.
Section
7. Application to DEQ for Phragmites Treatment Permit; Permit Fee.
After the Township Board has
determined which parcels shall be included in the
Phragmites eradication zone for that
year, the Phragmites administrator shall apply to the Michigan Department of
Environmental Quality (DEQ) for a permit authorizing Phragmites treatment on
the parcels within the Phragmites eradication zone. Any fee charged by the DEQ
for such Phragmites treatment permit shall be paid for as determined by the
Township Board.
Section
8. Phragmites Treatment; Cost.
Following the receipt of a permit from
the Michigan Department of Environmental
Quality (DEQ) authorizing Phragmites
treatment on the parcels within the Phragmites eradication zone, the Township
shall engage the services of a professional authorized to engage in Phragmites
treatment. The cost of the Phragmites treatment shall be paid for as determined
by the Township Board.
Section
9. Validity.
If any section, provision or clause of
this Ordinance or the application thereof to any parcel, person or
circumstances is held invalid, such invalidity shall not affect any remaining
portions or application of this Ordinance, which can be given effect without
the invalid portion or application.
Section
10. Effective Date.
This Ordinance shall become effective
the day following its publication in a newspaper of general circulation within
the Township.
By:
Thomas Mann, Supervisor
By:
Donna L. Heeres, Clerk
Ordinance No. 4 of 2009 was adopted on
the 18th day of May, 2009, by the Banks Township Board as follows:
Motion by: Thomas Mann
Seconded by: Mark DeKorne
Yeas: Rubingh, Postmus, Mann, Heeres,
DeKorne
Nays: None
Absent: None
Ordinance No. 4 of 2009 was published
in the Antrim Review on
Donna L. Heeres, Clerk Thomas Mann, Supervisor