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
INCLUDING PRIVATE PROPERTY ALONG THE
SHORELINE IN A PHRAGMITES ERADICATION ZONE
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 infestation” means the presence of one or more seed heads in a
“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.
Thomas Mann, Supervisor
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
Ordinance No. 4 of 2009 was published
in the Antrim Review on
Donna L. Heeres, Clerk Thomas Mann, Supervisor