[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.
[Adopted 2-28-1984 by Ord. No. 895 as
Art. I of Ch. 284 of the 1984 Code]
This article shall be known and cited as the
"Sediment Ordinance" and will be referred to herein as "this article."
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.
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.
[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.
[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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
[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.
[Amended 7-27-1999 by Ord. No. 1125]
[Adopted 2-28-1984 by Ord. No. 895 as
Art. II of Ch. 284 of the 1984 Code]
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.
A permit will be required for each earth disruption.
The permit will be valid for one calendar year.
[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.
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.
