City of Roseville, MI
Macomb County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Roseville as indicated in article histories. Amendments noted where applicable.]
CHARTER REFERENCES
Department of Buildings and Inspection — See Ch. 7, Sec. 7.13.
GENERAL REFERENCES
Building construction — See Ch. 88.
Fees — See Ch. 133.
Subdivision of land — See Ch. 294.
[Adopted 2-28-1984 by Ord. No. 895 as Art. I of Ch. 284 of the 1984 Code]

§ 284-1 Title.

This article shall be known and cited as the "Sediment Ordinance" and will be referred to herein as "this article."

§ 284-2 Purpose.

The purpose of this article is to control soil erosion and resulting sedimentation within the City of Roseville by requiring proper provisions for water disposal and the protection of soil surfaces during and after construction, in order to promote the safety, public health, convenience and general welfare of the community.

§ 284-3 Statutory authority.

This article is enacted pursuant to the provisions of Act 347, Public Acts of 1972, known as the "Soil Erosion and Sedimentation Control Act of 1972," being MCLA §§ 282.101 through 282.117.

§ 284-4 Enforcing agent.

[Amended 10-11-2016 by Ord. No. 1292]
The Department of Buildings and Inspection of the City of Roseville, or its designee, and the Office of the Macomb County Public Works Commissioner, Soil Erosion and Sedimentation Control Division, in conjunction with each other, are hereby designated as the city enforcing agent responsible for the administration of the rules and regulations adopted pursuant to the provisions of Act 347 of the Public Acts of 1972 of the State of Michigan and this article.

§ 284-5 Rules and regulations adopted by reference.

[Amended 7-27-1999 by Ord. No. 1125]
The rules and regulations, and any amendments thereto, promulgated by the Department of Buildings and Inspection of the City of Roseville relative to Part 91, Soil Erosion and Sedimentation Control Act of 1994, P.A. 451, as amended, shall be adopted by reference from time to time by resolution of the Roseville City Council to be effective upon publication; and said rules and regulations shall be available for public distribution, at a reasonable charge, with not less than 10 copies to be available for public inspection at the office of the City Clerk.

§ 284-6 Issuance of building permits.

No building permit shall be issued until a permit required by this article has been secured from the City of Roseville Department of Buildings and Inspection.

§ 284-7 Inspection and investigation.

All premises affected by this article will be subject to inspection by persons designated by the Department of Buildings and Inspection of the City of Roseville, who are trained and experienced in soil erosion and sedimentation control practices. Such designated persons may enter at all reasonable times in or upon any private or public property for the purpose of inspecting and investigating conditions or practices which may be in violation of this article.

§ 284-8 On-site inspections.

On-site inspections before, during and after any earth-change activity for which a permit has been issued will be performed as required by the extent and erosion potential of the activity.

§ 284-9 Notification of activity.

The permit holder shall notify the office of the Department of Buildings and Inspection of the City of Roseville at least 48 hours before starting any earth-change activity for which a permit was issued.

§ 284-10 Invalidation of permit.

If, upon inspection, existing site conditions are found not to be as stated in the application and on the approved plan, the permit will be invalidated. No earth-disrupting work is to be undertaken or continued until revised plans have been submitted and valid permits issued.

§ 284-11 Requests for revisions.

Requests for revisions must be submitted to and approved by the City of Roseville Department of Buildings and Inspection in writing, before being put into effect.

§ 284-12 Violations of permit requirements; stop-work order.

Violations of permit requirements will initially be brought to the attention of the individual in charge of on-site construction activities by the City of Roseville Department of Buildings and Inspection, or its authorized representatives. Should efforts toward immediate compliance be unsuccessful, a stop-work order may be issued, said order to contain a description of the specific alleged violation and the steps deemed necessary to bring the project back into compliance.

§ 284-13 Requirements of stop-work order.

This order, when issued, shall require all work covered by the approved permit to be stopped. A copy of same is to be immediately submitted to the Department of Natural Resources, Water Resources Commission, in Lansing, Michigan.

§ 284-14 Suspension of other permits.

A stop-work order issued under this article will suspend all other permits issued under the City Code, and all work of any trade engaged in an earth-change activity on site shall stop until the order is rescinded.

§ 284-15 Certificate of occupancy.

A certificate of occupancy, either temporary or permanent, shall not be issued for all or any part of the project by any City department while a stop-work order issued under this article is in effect.

§ 284-16 Court action.

Notwithstanding the existence or pursuit of any other remedy, the City of Roseville may maintain an action in its own name in a court of competent jurisdiction for an injunction or other process against any person to restrain or prevent the violation of this article.

§ 284-17 Formal complaint.

A formal complaint may be filed by the City of Roseville Department of Buildings and Inspection with the 39th Judicial District Court calling for the arrest and trial of the parties responsible for any willful violations of this article or approved permits issued thereunder.

§ 284-18 Application for variance.

Application for any variance of any provisions or requirements of this article shall be made to the Roseville City Council in the form of a written application delivered to the City Clerk for an erosion control permit as set forth in said application. The applicant shall present a statement and adequate evidence showing that:
A. 
There are exceptional or extraordinary circumstances or conditions applying to the proposed soil erosion controls referred to in the application, which circumstances or conditions do not apply generally to any other soil erosion controls.
B. 
The granting of such application will not, under circumstances of the particular case, materially affect adversely the health, safety or welfare of the persons residing or working in the neighborhood and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to the immediate neighborhood or the City at large.

§ 284-19 Granting of variance.

In all cases where the City of Roseville shall grant the variance of any provision or requirements of this article, the Roseville City Council shall find that:
A. 
There are exceptional or extraordinary circumstances or conditions applying to the proposed soil erosion controls referred to in the application, which circumstances or conditions do not apply generally to any other soil erosion control use.
B. 
The granting of such application will not, under circumstances of the particular case, materially affect adversely the health, safety or welfare of the persons residing or working in the neighborhood and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to the immediate neighborhood or the City at large.

§ 284-20 Bond or letter of credit required on certain projects.

A bond or letter of credit made out to the City of Roseville in the amount of the estimated total cost of all temporary and permanent erosion control measures included in the approved plan will be required on all projects where this cost may exceed $500.

§ 284-21 Bond or letter of credit for lesser projects.

On lesser projects, at the sole discretion of the City of Roseville Department of Buildings and Inspection, a bond or letter of credit may be required where it is deemed advantageous to preserve the public health, safety or welfare.

§ 284-22 Failure of permit holder to comply.

In the event of failure of the permit holder to comply with conditions set forth in the approved plan, the City of Roseville may draw on the bond or letter of credit to complete the work required by this article.

§ 284-23 Return of bond or letter of credit.

Upon permanent restabilization of all disrupted earth areas, the bonds or letters of credit (or residual remaining balance) will be returned to the permit holder along with an accounting of any funds used.

§ 284-24 Fee schedule.

[Amended 7-27-1999 by Ord. No. 1125]
The amount of permit fees and delinquent account service fees to be charged for services performed in connection with this article shall be as provided in Chapter 133, Fees, of the Code of the City of Roseville.

§ 284-25 Violations and penalties.

[Amended 7-27-1999 by Ord. No. 1125]
Any person or entity violating or neglecting or refusing to comply with any of the provisions of this article shall, upon conviction thereof, be punished as provided in Chapter 1, General Provisions, Article I.
[Adopted 2-28-1984 by Ord. No. 895 as Art. II of Ch. 284 of the 1984 Code]

§ 284-26 Plan review charges.

The charges to be paid to the City of Roseville for plan review at the time a plan is submitted for review shall be based on a fixed cost per gross acre of land where earth disruptions are expected to occur.

§ 284-27 Earth disruption permit.

A permit will be required for each earth disruption. The permit will be valid for one calendar year.

§ 284-28 Charges for inspections.

[Amended 7-27-1999 by Ord. No. 1125]
A. 
A minimum deposit for inspection will be required at the time a permit is issued. Should the earth change require additional inspection, an invoice will be tendered for charges listed in Chapter 133, Fees. The charges per gross acre shall be based on the conditions listed in Chapter 133, Fees, and shall be nonrefundable.
B. 
A charge of one hour per inspection will be considered minimum. Any inspections made during other than normal working hours will be at the rate of 1 1/2 times the rates indicated in Chapter 133, Fees. Emergency inspections will require a minimum four-hour charge.

§ 284-29 Delinquent account service charge.

When invoices are tendered for inspection, it will indicate a due date. There shall be a delinquent account service charge added to any account left unpaid by the due date. The amount of the delinquent account service charge shall be determined monthly by applying a one-percent-per-month rate times any amount left unpaid in the account and shall be made on the same date of each subsequent month thereafter until the account is paid in full.