6.4 * ITEM # 6.4.
MEMORANDUM
•
City of / TO: PLANNING COMMISSION
E1 k ,. River FROM: STEPHEN ROHLF, BUILDING &
ZONING ADMINISTRATOR
DATE: FEBRUARY 27,2001 5 re--
SUBJECT:
&SUBJECT: ORDINANCE AMENDMENT
REGARDING LAWN FERTILIZER
Attached is a copy of a proposed ordinance amendment that would allow the city to
regulate the application of lawn fertilizer. The ordinance is specifically aimed at reducing
phosphorus, which typically is not needed in this area. The concern is that phosphorus
increases the intensity and duration of algae bloom in Lake Orono.
The ordinance will be used as a teaching tool, in as much as it is probably unenforceable
on individual property owners. If passed, commercial applicators will be required to get a
city license. When they do get a license,they will be informed of the ban on phosphorus,
except on newly established turf or if testing specifically indicates phosphorus is needed.
• The ordinance amendment is to Chapter 6 of the city code (Environmental Control) and
the Planning Commission does not formally act on amendments to this chapter.
However, staff wanted the Planning Commission to be aware of this issue and to feel free
to comment, if they desire.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone (763) 441-7420 • Fax (763) 441-7425
ORDINANCE 2001 —
• AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE ADDING SECTION 606 TO THE CITY OF ELK RIVER
CODE OF ORDINANCES ENTITLED LAWN FERTILIZER APPLICATION
CONTROL
SECTION 1. That the City of Elk River Code of Ordinances shall be amended by
adding Section 606 to provide:
606 - Lawn Fertilizer Application Control
606.00 Purpose. The City has conducted studies and has reviewed existing data to
determine the current and projected water quality of Lake Orono and its tributary
waterways. The data indicates that lake water quality may be maintained and improved if
the City is able to regulate the amount of phosphorus and other chemicals from fertilizer
entering the lake as a result of storm water runoff or other causes. The purpose of this
ordinance is to define regulations, which will aid the City in managing and protecting its
water resources, which are enjoyed by its residents and other users.
606.02 Definitions. For the purpose of this section, certain terms and words are defined
as follows:
"Commercial Applicator" is a person who is engaged in the business of applying
• fertilizer for hire.
"Fertilizer" means a substance containing one or more recognized plant nutrients
that is used for its plant nutrient content and designed for use or claimed to have
value in promoting plant growth. Fertilizer does not include animal and vegetable
manures that are not manipulated, marl, lime, limestone, and other products
exempted by Rule by the Minnesota Commissioner of Agriculture.
"Noncommercial Applicator" is a person who applies fertilizer during the course
of employment, but who is not a commercial lawn Fertilizer applicator.
"Pesticide" means a substance or mixture of substances intended to prevent,
destroy, repel, or mitigate a pest, and a substance or mixture of substances
intended for use as a plant regulator, defoliant or desiccant.
606.04 Regulations for Commercial Lawn Fertilizer Applicators.
1. License Required. No person, firm, corporation or franchise shall
engage in the business of commercial lawn fertilizer applicator within the
City unless a license has been obtained from the Building and Zoning
Administrator or a designee as provided herein.
•
2. License Application Procedure. Applicants for a commercial lawn
fertilizer applicator license shall be submitted to the Building and Zoning
• Administrator or a designee. The application shall consist of the
following:
A. Application Form. Applications forms shall be provided by the
City and shall include the following instructions:
i. Name, address and telephone number of applicant and any
Individuals authorized to represent the applicant.
ii. Description of lawn fertilizer formula proposed to be
applied on lawns within the City.
iii. A time schedule for application of lawn fertilizer and
identification of weather conditions acceptable for lawn
fertilizer application.
B Product Material Safety Data Sheet. A copy of Material Safety
Data Sheet, including product chemical analysis of the intended
lawn fertilizer, shall be submitted to the City along with the initial
application for a license, and, thereafter, at least seven days before
fertilizer composition changes are implemented.
C. Minnesota State Licenses. A copy of all licenses required of the
• applicant by the State of Minnesota regarding the application of
pesticides and fertilizers.
D. License Fee. The license fee amount shall be set by the resolution
of the City Council from time to time. The license shall expire on
the 31st day of December. The license fee shall not be prorated.
3. Conditions of License. Commercial lawn fertilizer applicator licenses
shall be issued subject to the following conditions which shall be specified
on the license form:
A. Random Sampling. Commercial lawn fertilizer applicators shall
permit the City to sample any commercial lawn fertilizer
applications to be applied within the City at any time after issuance
of the initial license.
B. Possession of License. The commercial lawn fertilizer license, or
a copy thereof shall be in the possession of any party employed by
the commercial lawn fertilizer applicator when making lawn
fertilizer applications within the City.
C. Possession of Product Material Safety Data Sheet. A copy of
• product Material Data Safety Sheet of the lawn fertilizer used shall
be in the possession of any party employed by the commercial
lawn fertilizer applicator when making lawn fertilizer applications
• within the City.
D. State Regulations. Licensee shall comply with the provisions of
the Minnesota Fertilizer and Soil Conditioner Law as contained in
Minnesota Statutes Sections 17.711 through and including 17.729
and amendments thereto. The licensee shall also comply with the
provisions of the Pesticide Control as contained in the Minnesota
Statutes Chapter 18B.
606.06 General Regulations.
1. Time of Application. Neither commercial applicators nor
noncommercial applicators may apply lawn fertilizer when the ground is
frozen or when conditions exist which will promote or create runoffs.
2. Sample Analysis Cost. The cost of analyzing fertilizer samples taken
from commercial applicators shall be paid by the commercial applicators if
the sample analysis indicates that phosphorus content exceeds the levels
authorized herein.
3. Fertilizer Content. No person, firm, corporation, franchise, or
commercial or noncommercial applicator, including homeowners or
renters, shall apply any lawn fertilizer, liquid or granular, within the City
• of Elk River, which contains any amount of phosphorus, such as
phosphate, except:
A. the naturally occurring phosphorous in unadulterated natural or
organic fertilizing products such as yard waste compost;
B. or as otherwise provided in Section 606.06 (7).
4. Impervious Surfaces and Drainage Ways. No person shall apply
fertilizer to impervious surfaces, areas within drainage ditches, or
waterways.
5. Buffer Zone. Fertilizers and pesticides shall not be applied:
A. to any established natural buffer zones;
B. below the Ordinary High Water lines as established by the
Minnesota Department of Natural Resources; or
C. within ten (10) feet of any wetland or water resource.
6. Warning Signs for Pesticide Application. All commercial or
411 noncommercial lawn fertilizer applicators who apply pesticides to turf
areas must post or affix warning signs on the property where the pesticides
are applied. The warning signs shall comply with the following criteria
and contain the following information:
• A. The warning signs must project at least eighteen (18) inches above
the top of the grass line. The warning signs must be of a material
that is rain resistant for at least a forty-eight (48) hour period and
must remain in place up to forty-eight (48) hours from the time of
initial application.
B. The following information must be printed on the warning signs in
contrasting colors and capitalized letters measuring at least one-
half inch (1/2"), or in another format approved by the Minnesota
Commissioner of Agriculture. The signs must provide the
following information:
i. The name of the business, entity, or person applying the
pesticide; and
ii. The following language: "This area chemically treated.
Keep children and pets off until (date of safe entry)" or a
universally accepted symbol and text approved by the
Minnesota Commissioner of Agriculture as recognized as
having the same meaning or intent as specified in this
subparagraph. The warning signs may include the name of
41/
the pesticide used.
C. The warning sign must be posted on a lawn or yard between two
(2) feet and five (5) feet from the sidewalk or street. For parks,
golf courses, athletic fields, playgrounds, or other similar
recreational property, the warning signs must be posted
immediately adjacent to areas within the property where pesticides
have been applied and at or near the entrances to the property.
7. Exemption to Phosphorous Requirement. The prohibition against the
use of fertilizer containing any quantity of phosphorus under section
606.06 (3) shall not apply to:
A. newly established or developed turf and lawn areas during first
growing season; or
B. turf and lawn areas which soil tests confirm are below phosphorous
levels established by the University of Minnesota Extension
Services. The lawn fertilizer application shall not contain an
amount of phosphorous exceeding the amount of phosphorous and
the appropriate application rate recommended in the soil test
evaluation.
•
Phosphorus applied as lawn fertilizer pursuant to the aforementioned
exemptions shall be watered into the soil where it is immobilized and
generally protected from loss by runoff.
• Any person, firm corporation, franchise or commercial or noncommercial
applicator, including a homeowner or renter shall notify the city at least 24
hours prior to applying lawn fertilizer containing phosphorus of the reason
for using fertilizer containing phosphorus and the amount of phosphorus
contained in the lawn fertilizer to be applied.
606.08 Penalty. Any person violating this Chapter shall be guilty of a petty
misdemeanor. The City may revoke a commercial applicator's license for repeat
violations of this Chapter.
SECTION 2. That this Section shall take effect upon its adoption and publication as
provided by law.
Passed and Adopted by the Elk River City Council this day of
200_.
Stephanie A. Klinzing, Mayor
ATTEST:
• Sandra A. Peine, City Clerk
•
•
City of its
Elk River
February 22, 2001
Courtney Field
16250 Wolverine Street NW
Ramsey, MN 55330
Dear Ms. Field:
Thank you for your letter regarding the number of gas stations in the community.
Your letter has been forwarded to the City of Elk River Planning Commission and
I am sure that as future commercial developments are reviewed, we will keep
411
your comments in mind.
Thank you for taking the time to write the City a letter expressing your opinions
about the number of gas stations in the community.
Sincer ly,
j4',/6/ r
Mic ele McPherson
Director of Planning
•
S:\PLANNING\LETTERS\FIELDC.DOC
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD,& Phone (763) 441-7420 • Fax (763) 441-7425
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