[HISTORY: Adopted by the Township Board of the Township of
Putnam 9-20-2006 by Ord. No. 37. Amendments noted where applicable.]
A.
The Board of Putnam Township finds that wetlands are indispensable
and fragile resources that provide many public benefits, including
maintenance of water quality through nutrient cycling and sediment
trapping as well as flood and stormwater runoff control through temporary
water storage, slow release, and groundwater recharge. In addition,
wetlands provide open space; passive outdoor recreation opportunities;
fish and wildlife habitat for many forms of wildlife, including migratory
waterfowl, and rare, threatened or endangered wildlife and plant species;
and pollution treatment by serving as biological and chemical oxidation
basins.
B.
Preservation of the remaining Township wetlands in a natural condition
is necessary to maintain hydrological, economic, recreational, and
aesthetic natural resource values for existing and future residents
of Putnam Township, and therefore the Township Board declares a policy
of no net loss of wetlands. Furthermore, the Township Board declares
a long-term goal of net gain of wetlands to be accomplished through
review of degraded or destroyed wetlands in the Township, and through
cooperative work with landowners, using incentives and voluntary agreements
to restore wetlands.
C.
To achieve these goals, and with authority from Section 30307(4)
of Part 303 of the Natural Resources and Environmental Protection
Act [Act 451 of 1994, as amended[1]] ("Wetlands Protection Act"), the Township Board finds
that local regulation of wetlands is necessary in Putnam Township.
Pursuant to Article 4, Section 52 of the Constitution of the State
of Michigan, the conservation and development of natural resources
of the state is a matter of paramount public concern in the interest
of the health, safety, and general welfare of the people. The Township
Board therefore finds that this chapter is essential to the long-term
health, safety, and general welfare of the people of the Township,
and to the furtherance of the policies set forth in Section 1701 et
seq. of the Natural Resources and Environmental Protection Act (Act
451 of 1994) and Section 30301 et seq. of the Wetlands Protection
Act.
[1]
Editor's Note: See MCLA § 324.30307.
The intent of this chapter is to provide for:
A.
The protection, preservation, replacement, proper maintenance, restoration
and use in accordance with the character, adaptability, and stability
of Putnam Township wetlands in order to prevent their pollution and
contamination, minimize their disturbance and disturbance to the natural
habitat therein; and prevent damage from erosion, siltation, and flooding.
It has been determined that, in the absence of wetland protection
measures, intrusions in or onto wetlands would occur, resulting in
harm, impairment and/or destruction of wetlands and natural features
contrary to the public health, safety and general welfare;
B.
Compliance with the Natural Resources and Environmental Protection
Act which imposes a duty on government agencies and private individuals
and organizations to prevent or minimize degradation of the environment,
which is likely to be caused by their activities;
C.
The establishment of standards and procedures for the review and
regulation of the use of wetlands;
D.
The coordination of and support for the enforcement of this chapter
and the support of applicable federal, state, and county statutes,
ordinances and regulations, including but not limited to:
(1)
Wetlands Protection Act, enforced by the Michigan Department of Environmental
Quality;
(2)
Inland Lakes and Streams Act, Section 30101 et seq. of the Natural
Resources and Environmental Protection Act enforced by the MDEQ;
(3)
Soil Erosion and Sedimentation Control Act, Section 9101 et seq.
of the Natural Resources and Environmental Protection Act, enforced
by the County of Livingston.
(4)
Floodplain Regulatory Authority, incorporated into the Natural Resources
and Environmental Protection Act, enforced by the MDEQ.
E.
The issuance of wetland permits for approved activities;
F.
A procedure for appealing decisions;
G.
The establishment of enforcement procedures and penalties for the
violation of this chapter;
H.
Creation of a Wetlands Review Board to assist in the protection of
wetlands.
Terms not specifically defined in this chapter shall have the
meaning customarily assigned to them. The following words and phrases
shall have the meaning respectively given in this section:
Any of the following:
A permanent surface water connection or any other direct physical
contact with an inland lake or pond, a river or stream.
A seasonal or intermittent direct surface water connection to
an inland lake or pond, a river or stream.
A wetland that is partially or entirely located within 500 feet
of the ordinary high water mark of an inland lake or pond or a river
or stream, unless it is determined by the MDEQ, pursuant to R 281.924
of the Administrative Rules promulgated under the Wetlands Protection
Act (hereinafter "Wetlands Administrative Rules"), that there is no
surface water or groundwater connection to these waters.
Soil, rock, sand, waste of any kind, or any other material
that displaces soil or water or reduces water retention potential.
The Michigan Department of Environmental Quality.
Includes ditching and tiling for the removal of excess soil
moisture incidental to the planting, cultivating, protecting, or harvesting
of crops or improving the productivity of land in established use
for agriculture, horticulture, silviculture, or lumbering.
A person(s) or firm knowledgeable in wetland protection and
delineation, who is identified by the Township of Putnam to make wetlands
determinations, delineate wetlands, and advise the Township on wetland
resource policy, education, and restoration.
Land characterized by the presence of water at a frequency
and duration sufficient to support, and that under normal circumstances
does support, wetland vegetation or aquatic life and is commonly referred
to as a bog, swamp or marsh and which is any of the following:
All wetlands within Putnam Township subject to regulation by
the MDEQ, including wetlands:
Contiguous to an inland lake or pond, or a river or a stream.
Not contiguous to an inland lake or pond, or a river or stream,
and more than five acres in size; except this subsection shall not
be of effect (except for the purposes of inventorying) in counties
of less than 100,000 population until the MDEQ certifies to the commission
it has substantially completed its inventory of wetlands in that county.
Not contiguous to an inland lake or pond, or a river or stream, and five acres or less in size, if the MDEQ determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment or destruction and the MDEQ has so notified the owner; except this subparagraph may be utilized regardless of wetland size in a county in which Subsection A(2) of this definition is of no effect; except for the purposes of inventorying, at the time.
Other wetlands subject to regulation by the Township of Putnam,
including:
Wetlands two acres or greater in size, whether or entirely contained
within the project site, which are not contiguous to an inland lake
or pond, or a river or a stream.
Wetlands smaller than two acres but not less than one acre in size that are not contiguous to a lake or pond, or a river or a stream and that are determined to be essential to the preservation of the natural resources of the Township of Putnam as provided for in § 330-14 of this chapter.
A committee composed of members as outlined in this chapter
and appointed by the Putnam Township Board, to hear appeals on wetland
use permit decisions and advise Putnam Township on wetlands resource
policy, education and restoration.
Refers to the Putnam Township wetlands inventory map, which
is based on the National Wetlands Inventory Map of the U.S. Fish and
Wildlife Service; the Michigan Resource Information System Mapping
(MIRIS) of the State of Michigan; the soils maps of the Soil Conservation
Service, aerial photography, and on-site inspections.
The Township of Putnam approval required for activities described in § 330-6.
Plants that exhibit adaptations to allow, under normal conditions,
germination or propagation and to allow growth with at least their
root systems in water or saturated soil.
In some cases, property owners requesting approval to use wetlands
will be subject to state and federal permit requirements. Criteria
and procedures used by federal, state and local agencies for protecting
wetlands and issuing permits may not always be the same.
A.
Putnam Township shall have jurisdiction for the regulation of wetlands
under this chapter concurrent with the jurisdiction of the MDEQ.
B.
Approvals under this chapter shall not relieve a property owner of
the need to obtain a permit from the MDEQ and/or the U.S. Army Corps
of Engineers, if required.
C.
Issuance of a permit by the MDEQ and/or the U.S. Army Corps of Engineers
shall not relieve a person of the need to obtain approval under this
chapter, if applicable.
[Amended 9-21-2011 by Ord. No. 37-2]
The provisions of this chapter, including wetlands use permit
requirements and criteria for wetlands use permit approval, shall
apply to activities and operations proposed by federal, state, local
and other public agencies as well as private and public organizations
except as may be exempt by law. However, the Township Board may waive
the application of this chapter:
Except for those activities expressly permitted by § 330-7, it shall be unlawful for any person to do any of the following within or upon protected wetlands unless and until a wetland use permit is obtained from the Township, pursuant to this chapter:
Notwithstanding the prohibitions of § 330-6, the following activities are permitted within wetlands without a wetland use permit, unless otherwise prohibited by statute, ordinance or regulation:
A.
Activities that require a permit under Part 325 ("Great Lakes Submerged
Lands") or Part 301 ("Inland Lakes and Streams") of the Natural Resources
and Environmental Protection Act, or a discharge that is authorized
by a discharge permit under Section 3112 or 3113 of the Natural Resources
and Environmental Protection Act.
B.
Fishing, trapping, or hunting.
C.
Swimming or boating.
D.
Hiking.
E.
Grazing of animals.
F.
Farming, horticulture, silviculture, lumbering, and ranching activities,
including plowing, irrigation, irrigation ditching, seeding, cultivating,
minor drainage, harvesting for the production of food, fiber, and
forest products, or upland soil and water conservation practices.
Wetlands altered under this section shall not be used for a purpose
other than a purpose described in this subsection without a permit
from Putnam Township.
G.
Maintenance or operation of serviceable structures in existence on
October 1, 1980, or constructed pursuant to the Wetlands Protection
Act of the Natural Resources and Environmental Protection Act or former
Act No. 203 of the Public Acts of 1979.
H.
Construction or maintenance of farm or stock ponds.
I.
Maintenance, operation, or improvement which includes straightening,
widening, or deepening of the following which is necessary for the
production or harvesting of agricultural products:
(1)
An existing private agricultural drain.
(2)
That portion of a drain legally established pursuant to the Drain
Code of 1956, Act No. 40 of the Public Acts of 1956, being Sections
280.1 to 280.630 of the Michigan Compiled Laws, which has been constructed
or improved for drainage purposes.
(3)
A drain constructed pursuant to other provisions of the Wetland Protection
Act or former Act No. 203 of the Public Acts of 1979.
J.
Construction or maintenance of farm roads, forest roads, or temporary
roads for moving mining or forestry equipment, if the roads are constructed
and maintained in a manner to assure that any adverse effect on the
wetland will be otherwise minimized.
K.
Drainage necessary for the production and harvesting of agricultural
products if the wetland is owned by a person who is engaged in commercial
farming and the land is to be used for the production and harvesting
of agricultural products. Except as otherwise provided in this chapter
or the Wetland Protection Act, a wetland improved under this section
after October 1, 1980, shall not be used for nonfarming purposes without
a permit from Putnam Township. This requirement shall not apply to
a wetland that is contiguous to a lake or stream, or to a tributary
of a lake or stream, or to a wetland that MDEQ has determined by clear
and convincing evidence to be a wetland that is necessary to be preserved
for the public interest, in which case a permit is required.
L.
Maintenance or improvement of public streets, highways, or roads,
within the right-of-way and in such a manner as to assure that any
adverse effect on the wetland will be otherwise minimized. Maintenance
or improvement does not include adding extra lanes, increasing the
right-of-way, or deviating from the existing location of the street,
highway, or road.
M.
Maintenance, repair, or operation of gas or oil pipelines and construction
of gas or oil pipelines having a diameter of six inches or less, if
the pipelines are constructed, maintained, or repaired in a manner
to assure that any adverse effect on the wetland will be otherwise
minimized.
N.
Maintenance, repair, or operation of electric transmission and distribution
power lines and construction of distribution power lines, if the distribution
power lines are constructed, maintained, or repaired in a manner to
assure that any adverse effect on the wetland will be otherwise minimized.
O.
Operation or maintenance, including reconstruction of recently damaged
parts, of serviceable dikes and levees in existence on October 1,
1980, or constructed pursuant to the Wetland Protection Act or former
Act No. 203 of the Public Acts of 1979.
P.
Construction of iron and copper mining tailings basins and water
storage areas.
Q.
An activity in a wetland that was effectively drained for farming
before October 1, 1980 and that on and after October 1, 1980 has continued
to be effectively drained as part of an ongoing farming operation.
R.
Wetland that is incidentally created as a result of one or more of
the following:
(1)
Excavation for mineral or sand mining, if the area was not a wetland
before excavation. This exemption does not include a wetland on or
adjacent to a water body of one acre or more in size.
(2)
Construction and operation of a water treatment pond or lagoon in
compliance with the requirements of state or federal water pollution
control regulations.
(3)
A diked area associated with a landfill if the landfill complies
with the terms of the landfill construction permit and if the diked
area was not a wetland before diking.
[Amended 5-16-2007 by Ord. No. 37-1]
The wetland identification process, as set forth herein, shall
be a voluntary process used to identify whether a parcel of land contains
a wetland and, therefore, requires a wetlands permit. This process
can be used to identify whether a property shown as a wetland on the
Putnam Township Wetland Inventory Map contains a wetland.
A.
The applicant may choose to have any of the following entities perform
a wetland identification:
(1)
MDEQ Geological and Land Management Division (GLMD) staff in accordance with the MDEQ's Wetland Assessment Program [pursuant to Section 30321(3) and Rule 4 of Part 303 of the NREPA]. The fees for these services are subject to change and therefore R 281.924 of Part 303 of the NREPA shall be used to reference the current fees being assessed for those services. If the applicant uses the MDEQ for wetland identification, the Township shall verify the MDEQ's identification pursuant to § 330-10.
(2)
A qualified wetland consultant experienced with the MDEQ's wetland identification procedures as set forth in the NREPA and rules of Part 303 of the NREPA and the guidance manuals developed by the MDEQ GLMD for the identification and delineation of wetlands in Michigan. If the applicant uses the a qualified wetland consultant for wetland identification, the Township shall verify the consultant's identification pursuant to § 330-10.
(3)
The Township Wetland Consultant. If this option is chosen, the applicant
shall submit a request for a wetland identification, on a form supplied
by the Township, to the Township Wetland Consultant. The fees for
these services shall be established by resolution of the Township
Board.
B.
The wetland identification shall include a brief report explaining
the parameters used in identifying whether the property contains a
wetland.
C.
If the Township Wetland Consultant conducts the wetland identification,
the Township shall provide a written response to the applicant within
a reasonable time. The determination letter shall identify whether
or not wetland(s) exist on the property, whether there is wetland
in close proximity to the property, and whether a wetland delineation
or wetland use permit will be required. The letter provided by the
Township shall be valid for three years.
D.
The findings of the wetland identification process, if different than that shown on the Putnam Township Wetland Inventory Maps, shall be made part of the annual amendments to those maps pursuant to § 330-19.
E.
The Township has authority to delay processing of a wetland identification
if there is a significant amount of snow cover, frozen ground or other
climactic impact to limit the ability of the Township Zoning Administrator
or Township Wetland Consultant to accurately assess the property.
A letter shall be sent to the applicant explaining the delay. The
Township shall continue processing the application, identifying whether
the property contains wetland as soon as site conditions allow.
F.
The fees for these services shall be established by resolution of
the Township Board.
[Amended 5-16-2007 by Ord. No. 37-1]
The wetland delineation process is required as part of any application for a wetlands use permit. If there is a wetland on the parcel of land identified through § 330-8, shown on the Township Wetland Inventory Map, or that meets the definition under § 330-3, the wetland delineation process, as set forth herein, shall be used to establish the actual boundaries of wetland on one or more given parcels of land, irrespective of what is shown on the Township Wetland Inventory Maps. This process provides the applicant with a map showing the boundaries of wetland on the property. Wetland delineation process:
A.
The applicant may choose to have any of the following entities perform
a wetland delineation:
(1)
MDEQ GLMD staff in accordance with the MDEQ's Wetland Assessment
Program [pursuant to Section 30321(3) and Rule 4 of Part 303 of the
NREPA]. The fees for these services are subject to change and therefore
R 281.924 of Part 303 of the NREPA shall be used to reference the
current fees being assessed for those services.
(2)
A qualified wetland consultant experienced with the MDEQ's wetland
delineation procedures as set forth in the NREPA and rules of Part
303 of the NREPA and the guidance manuals developed by the MDEQ GLMD
for the identification and delineation of wetlands in Michigan.
B.
The wetland delineation shall include the following:
(1)
Office review of the Putnam Township Wetland Inventory Maps, soil
survey for Livingston County, and other pertinent maps useful for
field delineation of wetlands on the property.
(2)
Field review and delineation of the wetland boundaries of the property
in accordance with Part 303 of the NREPA and the MDEQ's wetland
delineation procedures.
(3)
Flagging or staking of the wetland boundary, sufficiently spaced,
so as to allow the wetland boundary to be clearly visible. This procedure
will also allow the applicant to have the boundary surveyed and plotted
to more accurately define the boundaries of the wetland and to be
used in the event that flagging or staking is a requirement of the
MDEQ and/or the Township.
(4)
A written report explaining the parameters used in identifying and
delineating the wetlands on the property and an accompanying list
of dominant tree, sapling, shrub and herb vegetation.
(5)
A survey, map, or dimensional site plan, drawn at an appropriate
scale, showing property lines, buildings, and wetland areas, and any
points of reference to the flagged or staked wetland on the property.
(6)
A survey, map or dimensional site plan, drawn at an appropriate scale,
including but not limited to dominant tree, sapling, shrub and herb
vegetation; presence or lack of accepted wetland hydrology indicators;
analysis of soil including a description of the soil profile to at
least 20 inches and comparison to Livingston County Soil Survey and
maps of the wetland(s) mapped. Mapped data shall be represented in
a manner that allows comparison to the Putnam Township Wetland Map.
C.
The wetland delineation shall be submitted to the Township Zoning
Administrator, on a form provided by the Township. The Township Zoning
Administrator and/or Township Wetland Consultant shall verify the
wetland delineation performed by the MDEQ or the applicant's
wetland consultant pursuant to this section.
D.
If the Township Wetland Consultant conducts the wetland delineation, the Township shall provide a written response to the applicant within a reasonable time after receipt of a complete request. The letter shall identify all of the items required by Subsection B above. The letter provided by the Township shall be valid for three years.
E.
The findings of the wetland delineation process, if different than that shown on the Putnam Township Wetland Inventory Maps, shall be made part of the annual amendments to those maps pursuant to § 330-19.
F.
The Township has authority to delay processing of a wetland delineation,
if there is a significant amount of snow cover or frozen ground to
limit the ability of the Township Zoning Administrator or Township
Wetland Consultant to accurately assess the property. A letter shall
be sent to the applicant explaining the delay. The Township shall
continue processing the application delineating the wetland as soon
as site conditions allow.
[Amended 5-16-2007 by Ord. No. 37-1]
The wetland verification process, as set forth herein, shall
be used to enable the Township Wetland Consultant to verify the wetlands
identification and/or the wetlands delineation performed by the applicant's
wetland consultant or the MDEQ. This process is not required of wetland
identifications or wetland delineations performed by the Township
Wetland Consultant. Wetland verification process:
A.
The applicant shall submit a request for a wetland verification,
on a form supplied by the Township, to the Township Zoning Administrator.
The application shall include a copy of the applicant's wetland
identification and/or wetland delineation report prepared by either
the MDEQ and/or the applicant's wetland consultant.
B.
The Township Wetland Consultant reserves the right to waive field
verification of wetland boundaries delineated by the MDEQ and accept
those boundaries as being accurate.
C.
The Township Wetland Consultant shall conduct in-office and field reviews to verify the findings of prior reports identifying the location of wetlands on the property, subject to the possible exception of Subsection B above.
D.
The Township Wetland Consultant shall conduct the wetland verification
and provide the applicant a written response of the findings within
a reasonable time after the submittal of a complete request.
E.
In the event that there is a discrepancy between the findings of
the Township Wetland Consultant and the applicant's wetland identification
or wetland delineation and the differences cannot be settled, the
Wetlands Review Board shall make the final decision.
F.
The findings of the wetland verification process, if different than that shown on the Putnam Township Wetland Inventory Maps, shall be made part of the annual amendments to those maps pursuant to § 330-19.
G.
The Township has authority to delay processing of a wetland verification,
if there is a significant amount of snow cover, frozen ground or other
climactic impact to limit the ability of the Township Wetland Consultant
to accurately assess the wetland delineation. A letter shall be sent
to the applicant explaining the delay. The Township shall continue
processing the application, including assessing the wetland delineation,
as soon as site conditions allow.
Application for approval, appeal and issuance of wetland use
permits shall be concurrent with the issuance of other necessary Township
approvals. The applicant for a wetland use permit shall submit to
the Zoning Administrator eight copies of the following:
A.
An application completed in full, on a form supplied by the MDEQ,
together with any supplemental information required by the Township
necessary relative to wetlands under two acres but not less than one
acre.
[Amended 5-16-2007 by Ord. No. 37-1]
C.
Wetland use permit review fee, as established by the Township Board.
D.
Soil drainage and stormwater management plans.
E.
A mitigation plan, if the proposed activity will result in the loss
of wetland resources. In order to adequately review a proposed mitigation
plan, the following information shall be provided to the Township:
(1)
A brief overview of the plan, including the short-range and long-range
objectives for vegetation, hydrology, grading, and monitoring.
(2)
A schedule of all mitigation activities, including coordination with
other local and state agencies, if applicable.
(3)
A planting plan and plant list for the area(s) to be established.
The use of native plants characteristic of local conditions is encouraged.
Species should be selected based on the need for wildlife, restoration,
landscaping, and recovery. The Township shall, in consultation with
knowledgeable persons, maintain and update a list of botanical species
that are considered invasive. Mitigation activities shall be performed
without the use of invasive species.
(4)
A grading and soil erosion control plan including existing and proposed
conditions.
(5)
A description of all soils and materials to be used, including their
approximate volumes and origin.
(6)
Hydrogeological information sufficient to determine the site's
suitability for the mitigation.
(7)
Construction detail drawings for planting, soil erosion control,
stabilization, water conveyance, and all other items necessary to
facilitate the review.
F.
A cover letter signed by the applicant, including the following information:
(1)
Name, address, and phone number of applicant.
(2)
Name of project and brief description (one paragraph).
(3)
Date upon which the activity is proposed to commence.
(4)
Explanation of why the project meets the wetland use permit standards
and criteria contained in this chapter.
(5)
List of all federal, state, county or other local government permits
or approvals required for the proposed project, including permit approvals
or denials already received. In the event of denials, the reasons
for denials shall be given. Attach copies of all permits that have
been issued.
(6)
Identification of any present litigation involving the property.
(7)
Size of total wetland, size of affected wetland and cubic yards of
fill.
G.
For a wetland use permit approval required in conjunction with a site plan, plat or other proposed land use, the applicant shall at the time of application elect to have the application processed under either Subsection G(1) or (2) below:
(1)
The wetland use permit application shall be reviewed either prior
to or concurrent with the review of the site plan, plat or other proposed
land use submitted by the applicant. Putnam Township shall complete
the review within the ninety-day review period limitation pursuant
to the Wetlands Protection Act of Michigan. However, the land use
review may not be completed at the time the decision is rendered on
the wetland use permit application. Therefore, election of this alternative
may require a reopening of the wetland use permit application if the
land use approval is inconsistent with the wetland use permit approval;
or
(2)
The wetland use permit application shall be reviewed and acted upon
concurrent with the review of the site plan, plat or other proposed
land use submitted by the applicant, and the ninety-day review period
limitation specified in the Wetlands Protection Act shall thereby
be extended accordingly.
H.
Copies of wetland use permit applications filed with the MDEQ and
forwarded to Putnam Township in accordance with Section 30307(6) of
Wetlands Protection Act shall become part of the application for a
Township wetland use permit.
I.
An application shall not be considered properly received by the Township,
nor shall the ninety-day review period limitation specified in the
Wetlands Protection Act commence until all information required by
this section has been submitted.
A.
Method of review of wetland use permit application.
(1)
Whenever a wetland use permit is required, applicant may request
an administrative meeting with the Zoning Administrator and, if requested,
the wetlands consultant, to review the proposed activity in light
of the purposes of this section.
(2)
Upon receipt of an application, Putnam Township shall insure that all required information, including a wetland delineation, has been submitted. The receipt of an application shall constitute permission from the owner to complete an on-site investigation. The applicant shall pay fees as established by the Township Board in § 330-20.
(3)
The Zoning Administrator shall transmit one copy of the application and supporting materials to the Putnam Township Wetland Consultant to confirm the boundaries of the wetland and to review the proposal in light of the purpose and review standards of § 330-15 and other applicable sections of this chapter.
(4)
The Putnam Township Wetland Consultant shall prepare and transmit
a report and recommendation to the Zoning Administrator documenting
the review required by this section.
(5)
Upon receipt of any application, the Zoning Administrator shall:
(a)
Transmit one copy of the application along with any state fees
that may have been submitted to the MDEQ.
(b)
Cause to be published a notice of the application and the date
and time for submission of written public comments in a newspaper
of general circulation in Putnam Township, except for activities proposed
on a lot developed with or proposed to be developed with a single-family
dwelling.
(c)
Advise the applicant of his/her obligation to post the subject
property with a sign that shall be no less than 10 square feet in
size. The sign shall be clearly visible from the abutting street(s)
and shall state that an application has been filed for a wetland use
permit on the property.
B.
Wetland use permit decisions by the Zoning Administrator. The following
process shall apply to wetland use permit decisions by the Zoning
Administrator:
(1)
For wetland use permit applications submitted in conjunction with activities that do not require approval by the Planning Commission and/or the Township Board, the Zoning Administrator shall approve, approve with conditions or deny the application within 90 days after receipt of an application. If the Zoning Administrator does not make a final determination on the application within 90 days after receipt of a complete application, then the permit application shall be considered approved, except where the ninety-day limit has been extended pursuant to § 330-11G(2).
(2)
Persons wishing to comment on the application must submit their comments
in writing to the Zoning Administrator prior to the date and time
set in the notice. Persons wishing to receive notice of the Zoning
Administrator's decision must submit a written request to the
Zoning Administrator.
(3)
After completing the review and reviewing the written comments, the
Zoning Administrator shall approve, approve with modifications or
conditions, or deny the wetland use permit application in accordance
with the standards of this chapter. The denial of a permit shall be
accompanied by a written statement of all reasons for the denial.
The Zoning Administrator shall report the decision to the Putnam Township
Planning Commission, Township Board and the MDEQ.
(4)
When a wetland use permit is approved, approved with modifications
or conditions, or denied, written notice shall be sent to the applicant
and to all persons who have requested notice of the Zoning Administrator's
decision.
C.
Wetland use permit decisions by Planning Commission or Township Board.
The following process shall apply to wetland use permit decisions
by the Putnam Township Planning Commission or Township Board:
(1)
Wetland use permit applications submitted in conjunction with a related
land development activity (such as a site plan, special land use or
planned unit development) shall be decided by the same entity that
decides the related land development activity. The Zoning Administrator
shall transmit application materials and the report and recommendation
prepared by the Township Wetland Consultant to the Planning Commission
or Township Board, as applicable.
(2)
After review and study of the application materials, the Township
Wetland Consultant's report and recommendation, the Township
Planning Commission or Township Board, as applicable, may hold one
public hearing after publication in a newspaper of general circulation
in the Township not less than 15 days prior to the date of the hearing.
Such notice shall (a) describe the nature of the request; (b) indicate
the property that is the subject of the request. The notice shall
include a listing of all existing street addresses within the property.
Street addresses do not need to be created and listed if no such addresses
currently exist within the property. If there are no street addresses,
other means of identification may be used. (c) State when and where
the request will be considered; and (d) indicate when and where written
comments will be received concerning the request. The notice shall
also contain the time and place the wetlands use permit may be examined.
The wetland use permit hearing may be held in conjunction with a review
of the related land use requests. Notice for public hearings on such
land use requests shall meet the requirements of the Michigan Zoning
Enabling Act.
(3)
In the event of a public hearing, notice containing the information set forth in Subsection C(2) above shall be sent by mail or personal delivery to the owners of property for which approval is being considered, and to all owners of property and all occupants of all structures within 600 feet of the boundary of the property in question, regardless of whether the property owner or occupant is located in the Township. A notice containing the time, date, place and purpose of the hearing shall be posted on the subject property at least eight days prior to the hearing. The posting sign shall be no less than 10 square feet in size, shall be clearly visible from the abutting street(s), and shall state that an application has been filed for a wetland use permit.
(4)
After completing the review, the Township Planning Commission or Township Board, as applicable, shall approve, approve with conditions or deny the application within 90 days after receipt of a complete application, in accordance with this chapter. If the Township Board does not make a final determination on the application within 90 days after receipt of a complete application, then the permit application shall be considered approved, except where the ninety-day limit has been extended pursuant to § 330-11G(2).
(5)
Written notice shall be sent to the applicant upon approval, approval
with conditions or denial of a wetland use permit by Putnam Township.
The denial of a permit shall be accompanied by a written reason for
denial.
D.
Appeals of decisions of the Zoning Administrator, Planning Commission
or Board. The following process shall apply to appeals of decisions
made by the Zoning Administrator, the Planning Commission, or the
Township Board, as applicable:
(1)
Any person who is aggrieved by the approval, approval with modifications
of conditions, or denial of a wetland use permit by the Zoning Administrator,
Planning Commission or by the Township Board, may appeal the decision
to the Wetlands Review Board. A written letter containing the specific
reasons for appeal shall be filed with the Township Clerk within 10
business days after the date of the decision to be appealed. Timely
filing of an appeal shall have the effect of suspending the effect
of the permit pending the outcome of the appeal. In the event that
the person(s) filing the appeal do not own property within 600 feet
of the wetland affected, the Wetlands Review Board shall determine
whether the person(s) filing the appeal is/are aggrieved.
(2)
Standard of review. Based upon the record, in considering the appeal,
the Wetlands Review Board shall affirm the original decision unless
it finds an abuse of discretion by the entity deciding the wetlands
permit.
(3)
After a hearing, the Wetlands Review Board shall determine that the
decision of the Zoning Administrator, Planning Commission or Township
Board be affirmed, affirmed with modification, or reversed. The Wetlands
Review Board's decision shall be based on written findings.
A.
The Zoning Administrator, Planning Commission, or the Township Board, as applicable shall attach any reasonable conditions considered necessary to ensure that the intent of this chapter will be fulfilled, to minimize or mitigate damage or impairment to, encroachment in or interference with natural resources and processes within the protected wetlands, or to otherwise improve or maintain the water quality. Any conditions related to wetland mitigation shall follow the provisions of §§ 330-16 through 330-18 of this chapter.
B.
The Township Zoning Administrator, Planning Commission, or the Township
Board, as applicable, shall fix a reasonable time to complete the
proposed activities.
C.
If the Township Zoning Administrator, Planning Commission, or the
Township Board, as applicable, determines that there is a potential
for adverse impacts to wetlands or off-site property, they will require
the applicant to file with the Township a cash bond or irrevocable
bank letter of credit in an amount estimated by the wetland consultant
to be required for restoration.
D.
At no time shall the Zoning Administrator, Planning Commission or
Township Board, as applicable, issue a wetland use permit that allows
a more extensive alteration of the wetland than permitted by state
or federal law.
E.
Wetland use permits for seasonal operations need not be renewed annually
unless otherwise stated in the permit.
F.
Any change that materially increases the size or scope of the operation
and/or that affects the criteria considered in approving the permit
as determined by the Zoning Administrator, Planning Commission or
the Township Board, as applicable, shall require the filing of a new
wetland use permit application.
G.
Any temporary, seasonal, or permanent operation that is discontinued
for two years or two seasons shall be presumed to have been abandoned
and the wetland use permit automatically voided.
H.
Any permit granted under this section may be revoked or suspended
by the Township Board after notice and an opportunity for a hearing,
for any of the following causes:
I.
An applicant who has received a wetland use permit under this chapter
shall comply with the following in connection with any construction
or other activity on the property for which the wetland use permit
has been issued:
(1)
Maintain soil erosion control structures and measures, including
but not limited to silt fences, straw bale berms, and sediment traps.
The permittee shall allow for periodic inspections throughout the
duration of the project.
(2)
Maintain clear delineation of the protected wetlands (as marked by
the Township Wetland Consultant during the on-site inspection), so
that such locations are visible to all construction workers.
(3)
Post on the site, prior to commencement of work on the site and continuing
throughout the duration of the project, a copy of the approved wetland
use permit containing the conditions of issuance, in a conspicuous
manner such that the wording of said permit is available for public
inspection.
J.
The wetland use permit shall remain effective for a time period coincidental
with any other land use permit reviewed and approved concurrent with
the wetland use permit. If applied for prior to the expiration date
and concurrent with the expiring land use permit, the applicant may
be granted an extension that corresponds to additional time granted
for the underlying land use permit. Extensions shall be approved by
the same person or body that made the original decision. The maximum
number of extensions shall coincide with the maximum number allowed
for the underlying land use permit.
K.
When there is no other activity or permit involved, the wetland use
permit shall remain effective for one year. A maximum of a one-year
extension may be approved. Any extension requests after this period
require a new wetland permit application.
L.
A wetlands permit may be conditioned upon a requirement that all
other requirements of this chapter and law have been met, including
site plan, plat or land use approval, as applicable, and including
issuance of a permit by the MDEQ, if required under the Wetland Protection
Act or any permit required under federal law. In cases where a MDEQ
permit allows activities not permitted by the wetland use permit approval
granted under this chapter, the restrictions of the approval granted
under this chapter shall govern.
A.
A wetlands use permit shall be approved with respect to a non-contiguous
wetland of less than two acres but not less than one acre in area
unless the Planning Commission or Township Board determines that the
wetland is essential to the preservation of natural resources of the
Township. It shall not be the burden of the property owner to prove
that the wetland is not essential to the preservation of natural resources
of the community.
B.
All noncontiguous wetland areas of less than two acres but not less
than one acre which appear on the Wetlands Map, or which are otherwise
identified during a field inspection by the Township, shall be analyzed
for the purpose of determining whether such areas are essential to
the preservation of natural resources in the community. If there is
to be a denial of a wetlands use permit in a noncontiguous wetland
area of less than two acres but not less than one acre, then, on the
basis of data gathered by or on behalf of the Township, findings shall
be made in writing and given to the applicant stating the basis for
the determination that such wetland is essential to the preservation
of natural resources in Putnam Township. In making this determination,
the Township must find that one or more of the following exist at
the particular site:
(1)
The site supports state or federal endangered or threatened plants,
fish, or wildlife appearing on a list specified in Section 36505 of
the Natural Resources and Environmental Protection Act.
(2)
The site represents what is identified as a locally rare or unique
ecosystem.
(3)
The site supports plants or animals of identified local importance.
(4)
The site provides groundwater recharge documented by a public agency.
(5)
The site provides flood and storm control by the hydrologic absorption
and storage capacity of the wetland.
(6)
The site provides wildlife habitat by providing breeding, nesting,
or feeding grounds, or cover for forms of wildlife, and waterfowl,
including migratory waterfowl, and rare, threatened, or endangered
wildlife species.
(7)
The site provides protection of subsurface water resources and provisions
of valuable watersheds and recharging of groundwater supplies.
(8)
The site provides pollution treatment by serving as a biological
and chemical oxidation basin.
(9)
The site provides erosion control by serving as a sedimentation area
and filtering basin, absorbing silt and organic matter.
(10)
The site provides sources of nutrients in water food cycles,
and nursery grounds and sanctuaries for fish.
C.
In connection with the determination of whether the wetland is essential to the preservation of the natural resources of Putnam Township, the property owner shall make an election and response under Subsection C(1) or (2) below, relative to each noncontiguous wetland area less than two acres but not less than one acre.
(1)
In lieu of having Putnam Township or its wetland consultant proceed with the analysis and determination, the property owner may acknowledge that one or more of the criteria in Subsection B(1) through (10) above, exist on the wetland in question, including a specification of the one or more criteria which do exist; or
D.
If Putnam Township determines that the wetland is not essential to
the preservation of the natural resources of Putnam Township, Putnam
Township's decision shall be so noted on the Putnam Township
Wetland Inventory Map, at the time it is amended. The requested activity
shall be approved subject to all other applicable laws and regulations.
E.
If Putnam Township determines that the wetland is essential to the
preservation of the natural resources of Putnam Township, and Putnam
Township has found that one or more of the criteria set forth exist
at the site, Putnam Township shall notify the applicant in writing
stating the reasons for determining the wetland to be essential to
the preservation of the natural resources.
The criteria to evaluate wetland use permits under this chapter
and to determine whether a permit is granted are as follows:
A.
A permit for any activity listed in § 330-6 shall not be approved unless the proposed activity is in the public interest, that the permit is necessary to realize the benefits derived from the activity and is otherwise lawful in all respects. The reasonable use of the property involved in accordance with applicable local ordinances and state law shall also be considered. In determining whether the activity is in the public interest, the benefit that reasonably may be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity. The decision shall reflect the national, state, and local concern for the protection of natural resources from pollution, impairment, and destruction. The following general criteria shall be considered:
(1)
The relative extent of the public or private need for the proposed
activity.
(2)
The availability of feasible and prudent alternative locations and
methods to accomplish the expected benefits from the activity.
(3)
The extent and permanence of the beneficial or detrimental effects
that the proposed activity may have on the public and private uses
to which the area is suited, including the benefits the wetlands provide.
(4)
The probable impact of each proposal in relation to the cumulative
effect created by other existing and anticipated activities in the
watershed.
(5)
The probable impact on recognized historic, cultural, scenic, ecological,
or recreational values and on the public health or fish or wildlife.
(6)
The size and quality of the protected wetland being considered.
(7)
The amount and quality of remaining wetland in the area.
(8)
Proximity to any waterway.
(9)
Extent to which upland soil erosion adjacent to protected wetlands
or drainageways is controlled.
(10)
Economic value, both public and private, of the proposed land
change to the general area.
(11)
Findings of necessity for the proposed project that have been
made by federal, state or local agencies.
B.
A wetland use permit shall not be granted unless it is shown that an unreasonable disruption of aquatic resources will be avoided. To determine this, the criteria set forth in the Wetlands Protection Act and Subsection A of this section shall be considered. A permit shall not be issued unless the applicant also shows either of the following:
Mitigation shall not be considered a substitute for making all
prudent attempts to avoid wetland impacts.
A.
Prior to considering a proposal for wetland mitigation, the Zoning
Administrator, Planning Commission or the Township Board, as applicable,
shall make all of the following findings:
(1)
That all feasible and prudent efforts have been made to avoid the
loss of protected wetland.
(2)
That all practical means have been considered to minimize protected
wetland impacts.
(3)
That it is practical to replace the protected wetland that will be
unavoidably eliminated.
(4)
That all alternatives for preserving protected wetlands and watercourses
have been evaluated and found to be impractical, inappropriate, or
ineffective.
B.
To ensure no net loss of wetlands in the Township, mitigation shall be required in instances where there are losses of wetland resources and where the Zoning Administrator, Planning Commission or the Township Board, as applicable, have made the findings required in Subsection A(1) through (4) above.
If the Township Zoning Administrator, Planning Commission or
the Township Board, as applicable, determines that it is practical
to replace the protected wetlands that will be impacted, mitigation
plans shall be approved only if all of the following criteria are
met:
A.
That the mitigation plan provides for the substantial replacement
of the predominant functional values of the protected wetland to be
lost. Mitigated wetlands shall be replaced at a minimum of 1.5 new
acres of wetland to each one lost acre. A larger replacement ratio
may be required if the lost wetlands are deemed to have exceptional
value.
B.
That the mitigation plan provides for no net loss of protected wetland
resources and watercourses unless the Township Wetland Consultant
or the Township Board, as applicable, determines that the net loss
will result in a minimum negative impact upon protected wetlands,
watercourses, and attendant natural resources under all of the circumstances.
C.
Mitigation shall be provided on-site where practical and beneficial
to the wetland resources. If mitigation on-site is not practical and
beneficial, then mitigation in the immediate vicinity, within the
same watershed, of the permitted activity may be considered. Only
if all of these options are impractical shall mitigation be considered
off-site.
D.
The mitigation plan will comply with all applicable federal, state,
and local laws.
E.
A plan to monitor preserved and replacement wetlands over a minimum
of five years must be specified. The plan shall include the following
information:
(1)
Schedule and list of activities to be contracted and conducted related
to the site's hydrology, including subsurface and surface water
for a period of at least five years. A report and recommendation on
the hydrologic conditions of the site should be submitted to the Township
annually.
(2)
Schedule and list of activities to be contracted and conducted related
to the site's plant establishment and control of invasive exotic
species for a period of at least five years. A report and recommendation
on the plant establishment of the site should be submitted to the
Township annually.
(3)
To assure that the objectives established in the mitigation plan
are successful, the monitoring plan should indicate the mechanisms
necessary to execute the recommendations from the annual reports and
provide for additional monitoring after the five-year period.
A.
Wetland mitigation and monitoring plans shall become conditions to
the wetland use permit and shall be the responsibility of the applicant.
B.
Financial assurances that mitigation is accomplished as specified
by the permit condition may be required by the Township, Zoning Administrator,
Planning Commission or Township Board, as applicable.
C.
Any mitigation activity shall be completed before initiation of other
permitted activities, unless a phased concurrent schedule can be agreed
upon between the Township Zoning Administrator, Planning Commission
or Township Board, as applicable, and the applicant.
D.
Wetland mitigation plans that create less than two-acre wetlands shall be designed and constructed to meet one of the conditions listed in § 330-14B(1) through (10).
A.
Putnam Township Wetland Inventory Map. The Putnam Township Wetland
Inventory Map is a guide to the location of wetlands in Putnam Township.
The map shall be used in the administration of this chapter.
(1)
The Putnam Township Wetland Inventory Map, together with all explanatory
matter thereon and attached thereto, as may be amended through the
wetlands verification and delineation process, is hereby adopted by
reference and declared to be a part of this chapter. The Wetland Inventory
Map shall be on file in the office of the Putnam Township Clerk.
(2)
The Wetland Inventory Map shall serve as a general guide for the
location of wetlands. The Wetland Inventory Map does not create any
legally enforceable presumptions regarding whether property that is
or is not included on the Wetland Inventory Map is, or is not, a wetland.
(3)
The Wetland Verification Process, as set forth in this chapter, shall be used to verify wetlands on properties where wetlands are shown on the Wetland Inventory Map or on properties where wetlands exist as defined in § 330-3, Definitions, herein. The wetlands delineation process, as set forth herein, shall be used to establish the actual boundaries of wetlands in Putnam Township. The identification of the precise boundaries of wetlands on a project site shall be the responsibility of the applicant subject to review and approval by the Township Wetland Consultant. Verification and delineation under this chapter does not constitute a federal or state wetland jurisdiction or boundary decision.
B.
Wetlands Review Board. There is hereby created a Wetlands Review
Board:
(1)
The Wetlands Review Board shall consist of five residents or property
owners of the Township, one of whom shall be a member of the Township
Planning Commission, one of whom shall be a member of Township Board,
and three of whom shall be Township residents or property owners appointed
by the Township Board upon recommendation of the Planning Commission.
The initial terms of appointment shall be as follows: two individuals
for three years, two individuals for two years, and one individual
for one year. Thereafter, appointments shall be for a term of three
years and members may be reappointed. The term of the Township Board
representative to the Wetlands Board shall be concurrent with the
term of office.
(2)
The three members of the Wetlands Review Board who are not members
of either the Planning Commission or Township Board shall, insofar
as practicable, have background experience or expertise in matters
pertaining to wetlands. Accordingly, in considering appointments of
such members, the Planning Commission and Township Board shall give
particular consideration to persons who have experience or expertise
in any one or more of the following categories:
(a)
Education in the natural resources field or in comparable fields;
(b)
Employment in the area of natural resource management, or a
comparable field, either currently or previously;
(c)
Volunteer service or other participation in environmental and/or
conservation groups or projects;
(d)
A demonstrated interest in wetlands, natural resources, environmental
protection or comparable fields;
(e)
An understanding of the functions and value of wetlands as a
part of the natural ecosystem; and
(f)
Other background, experience or knowledge of particular value
or usefulness for the work and responsibilities of the Wetlands Review
Board.
(3)
The Wetlands Review Board shall establish rules of procedure.
(4)
The Wetlands Review Board is authorized to undertake activities to
protect wetlands including the following:
(a)
Conduct public hearings and review appeals of wetland use permits,
mitigation, and/or restoration decisions made by the Zoning Administrator,
the Planning Commission or the Township Board.
(b)
Serve in an advisory role in setting policy guidelines on wetlands
issues in Putnam Township.
(c)
Identify conflicts between wetlands protection and present Putnam
Township ordinances, Putnam Township operating procedures, and Putnam
Township activities.
(d)
Provide recommendations and assist in map administration.
(e)
Coordinate with the MDEQ in keeping up-to-date on issues affecting
wetlands protection.
(f)
Recommend a program to protect and acquire important wetlands
through tax incentives, donation, development rights, easements, land
exchange, purchase, and other means.
(g)
Review degraded or destroyed wetlands in Putnam Township for
possibility of rehabilitation or restoration.
(5)
Members of the Wetlands Review Board may receive a stipend as determined
from time to time by resolution of the Putnam Township Board.
(6)
The Putnam Township Board has sole and exclusive discretion for removal
of members of the Wetlands Board with or without a hearing.
C.
Map amendment.
(1)
The Zoning Administrator or Planning Commission shall make recommendations
to the Township Board for revisions to the Wetland Inventory Map whenever
new and substantial data for wetlands become available.
(2)
Putnam Township shall insure that each record owner of property on
the property tax roll affected by any amendment shall be notified
of an amendment to the Wetland Inventory Map. The notice shall include
the following information:
(a)
Notice that the Putnam Township Wetland Inventory Map has been
amended;
(b)
The location to review the map;
(c)
Notice that the owner's property may be designated as wetlands
on the map;
(d)
A statement that Putnam Township has an ordinance regulating
wetlands;
(e)
A statement that the map does not necessarily include all of
the wetlands within Putnam Township that may be subject to the Wetlands
Protection Ordinance.
Applications for a wetlands use permit under this chapter shall
be accompanied by a nonrefundable administrative application fee in
an amount specified from time to time by resolution of the Putnam
Township Board. In addition, an applicant shall pay an escrow fee
in an amount determined from time to time by resolution of the Putnam
Township Board for the estimated cost of outside consultant(s) who
may be retained by the Township in connection with the review of the
application. In the event the cost of the services of the consultant(s)
is less than the escrow fee, the applicant shall be refunded the balance.
In the event the cost of the services of the consultant(s) exceeds
the amount of the escrow fee, the applicant shall provide to the Township
an additional escrow amount equivalent to no less than 1/2 the original
escrow amount. All review of the wetlands use permit application shall
cease until such additional escrow amount is deposited with the Township,
and the number of days during which all review of the wetlands use
permit application is ceased shall be deducted from the time limits
within which the Township would otherwise act upon the application.
In the event the cost of the services of the consultant(s) is less
than the subsequent escrow fee(s), the applicant shall be refunded
the balance. A denial of an application for a wetlands use permit
shall not affect the applicant's obligation to pay the fees provided
for in this section.
A.
Penalties.
(1)
If, on the basis of information available to the Township, the Township
finds that a person is in violation of this chapter or of a condition
set forth in a permit, the Township shall issue an order requiring
the person to comply with the prohibitions or conditions, or the shall
take such enforcement action as it deems appropriate.
(a)
If a person acts in violation of this chapter, the Township
may issue a stop-work order on construction or shall refuse a certificate
of occupancy or other construction permits related to the project
whenever there is a failure to comply with the provisions of this
chapter.
(b)
An order issued under Subsection A(1)(a) shall state with reasonable specificity the nature of the violation and shall specify a time for compliance, not to exceed 30 days, which the Township determines is reasonable, taking into account the seriousness of the violation and good faith efforts to comply with acceptable requirements.
(2)
A person who violates any provision of this chapter shall be responsible
for a civil infraction for which the court may impose a civil fine
of not less than $100 nor no more than $500 per day of violation plus
all costs, direct or indirect, which the Township has incurred in
connection with the violation.
(3)
In addition to the penalties provided, the court may order a person
who violates this chapter to restore as nearly as possible the wetland
affected by the violation to its original condition immediately before
the violation, and may issue any other orders permitted by law. The
restoration may include the removal of fill material deposited in
a wetland or the replacement of soil, sand, minerals, or plants.
B.
Injunction. Any activity conducted in violation of this section is
declared to be a nuisance per se, and Putnam Township may commence
a civil suit in any court of competent jurisdiction for an order abating
or enjoining the violation, and/or requiring restoration of the wetland
as nearly as possible to its condition before the violation.
C.
Reporting and recordkeeping.
(1)
Any citizen observing what he or she believes or suspects may be
an instance of noncompliance with the provisions of this chapter may
report the observation to any official or employee of the Township.
D.
Township Zoning Administrator duties.
(1)
The Township Zoning Administrator shall inspect the site of the suspected
noncompliance as soon as is reasonably practical, but in no case later
than the close of business five business days after receiving the
report.
(2)
The Township Zoning Administrator shall complete an entry for the
report into the Compliance Docket.
(4)
The Township Zoning Administrator shall take any actions within his
or her authority necessary to ensure this chapter is enforced.
E.
Compliance Docket. The Township Zoning Administrator, or members
of the Livingston County Sheriff's Department assigned or contracted
for by the Township, shall maintain a Compliance Docket at the Township
Office. The Docket shall be used to identify all properties or uses
of properties which have been evaluated for compliance with this chapter.
The Docket shall be available to the public upon demand during normal
business hours. The Docket shall contain the following information:
(1)
Date: the date the Docket entry was initiated.
(2)
Address/location of property. The street address, if available, or
descriptive text or vicinity map sufficient to enable citizens to
identify the property in question.
(3)
Permit or docket number. If it has been determined that the use being
made of the property does not require a wetlands use permit from Putnam
Township, a Docket number shall be assigned. Otherwise, the permit
number shall be maintained.
(4)
Compliance status. A record shall be made of whether the use being
made of the property is in compliance with the provisions of this
chapter, the date the determination was made, and the name(s) of the
Township official and/or consultant who made the determination.
(5)
Sidwell property number.
F.
Violation Docket. The Township Zoning Administrator shall maintain
a Violation Docket at the Putnam Township Office. The Docket shall
be used to track the status of violations of this chapter. The Violation
Docket shall contain the following information, as it becomes available:
(1)
Date. The date the Docket entry was initiated.
(2)
The permit or Docket number. This number shall be the same number
as is used to identify the property in the Compliance Docket.
(3)
Address/location of property. The street address, if available, or
descriptive text or vicinity map sufficient to enable citizens to
identify the property in question.
(4)
Nature of violation.
(5)
Date violation confirmed.
(6)
Name of person confirming the violation.
(7)
Enforcement action taken.
(8)
Date of enforcement action taken.
(9)
Outcome of enforcement action. If outcomes are appealed by the property
owner or any other party, each appeal shall be noted, and its outcome
shall also be noted under this heading.
The Township of Putnam shall notify the MDEQ of the adoption
of this chapter. Putnam Township shall cooperate with the MDEQ in
the enforcement of the Wetland Protection Act as to wetlands under
the MDEQ's jurisdiction, as defined under this chapter.
Nothing in this chapter shall be interpreted to conflict with
present or future state statutes on the same subject matter; conflicting
provisions of this chapter shall be abrogated to, but only to, the
extent of the conflict. Moreover, the provisions of this chapter shall
be construed, if possible, to be consistent with and in addition to
relevant state regulations and statutes. If any part of this chapter
is found to be invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision. Such finding shall not affect the validity
of the remaining portions thereof, and the remainder of this chapter
shall remain in force. Rights and duties that have matured penalties
which have been incurred and proceedings which have begun and prosecutions
for violations of law occurring before the effective date of this
chapter are not affected or abated by this chapter.
If a wetland use permit is denied by Putnam Township, a landowner
may appear at the annual Board of Review for the purpose of seeking
a revaluation of the affected property for assessment purposes to
determine its fair market value under the use restriction.
