[HISTORY: Adopted by the Board of Trustees of the Charter Township of East China 4-4-1988 by Ord. No. 166 (Ch. 4-04 of the 1980 Code). Amendments noted where applicable.]
The removal and disturbance of topsoil, subsoil, sand, gravel and other materials affect permanent changes in the topographical and geological characteristics of land. The public health, safety and general welfare of the residents of the Charter Township of East China requires the regulation of the removal and disturbance of land. It is deemed necessary that standards be established wherein procedures permitting said operations are established, the administration of such standards are provided for, and penalties are provided.
As used in this chapter, the following terms shall have the meanings indicated:
- Any activity that removes the vegetative ground cover.
- Any digging, scooping or other methods of removing earth materials.
- Any depositing or stockpiling of earth materials.
- Any excavating or filling of earth materials or any combination thereof, including the land in its excavated or filled condition.
- LAND-DISTURBING ACTIVITIES
- The movement of land, including but not limited to clearing, grading, excavating, transporting, and filling of land, except that the term shall not include such minor land-disturbing activities as:
- A. Home gardens and individual home landscaping, repairs and maintenance work;
- B. Individual service connections and construction or installation of public utility lines;
- C. Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served;
- D. Preparation for single-family residences separately built, unless in conjunction with multiple construction in subdivision developments;
- E. Disturbed land areas for commercial or noncommercial uses less than 5,000 square feet in size;
- F. Installation of fence and sign posts or telephone and electric poles and other kinds of posts and poles;
- G. Moving, grading or leveling of earth or rock materials by a property owner solely upon his property and not removed to other noncontiguous property when no more than 20 cubic yards are involved;
- H. Emergency work to protect life, limb or property.
- LAND-DISTURBING PERMIT
- A permit issued by the Township for clearing, filling, excavating, grading or transporting, or any combination thereof.
- Any individual, partnership, corporation, state or instrumentality of a state or the legal representative thereof.
- Any moving of earth materials from one place to another other than such movement incidental to grading, when such movement results in destroying the vegetative cover either by tracking or the buildup of earth materials to the extent that erosion will result.
Requirement established. Except as provided in this chapter, no person shall engage in any land-disturbing activity until he has acquired a land-disturbing permit from the Township. The fee for a land-disturbing permit shall be established by resolution of the Township Board.
Right-of-entry for compliance inspection. The Township shall periodically inspect the land-disturbing activities to insure compliance and to determine that the measures required in that plan are effective in controlling erosion. The right of entry to conduct such inspection shall be expressly reserved in the permit.
Failure to comply with plan.
Notice to comply. If the Township determines that the permit holder has failed to comply with the plan, the Township shall immediately serve upon the permit holder, by registered or certified mail, a notice to comply. Such notice shall set forth specifically the measures needed to comply and shall specify the time within which such measures shall be completed.
Revocation of permit. If the permit holder fails to comply within the time specified, he may be subject to the revocation of his permit; furthermore, he shall be deemed to be in violation of this chapter and, upon conviction, shall be subject to the penalties provided by this chapter (and Chapter 1, Article I, General Penalty, of the Township Code).
Submission and approval of plan.
A land-disturbing activity requirement. No person shall engage in land-disturbing activity until he has submitted to the Township a plan for such land-disturbing activity and until that plan has been reviewed and approved.
Responsibility of owners of land. Whenever a land-disturbing activity is proposed to be conducted by a contractor performing construction work pursuant to a construction contract, the preparation, submission and approval of the required plan shall be the responsibility of the owners of the land.
Farming or forestry excluded. Any person who owns, occupies or operates private agriculture or forest lands shall not be deemed to be in violation of this chapter for land-disturbing activities which result from the normal functioning of these lands.
[Added 12-18-1995 by Ord. No. 238]
Performance standards complied with. With a permit, or without a permit, if one is not required, any alterations, modifications, including minor land-disturbing activities, or changes in geographical or geological structures, which shall include all soil excavation and for removal and filling of land, or the creation or alteration of waterways, canals, etc., for either immediate use, or for filling or removal to other places, the performance standards shall be complied with as follows:
Natural drainage. Natural drainage shall not be blocked, or diverted, or altered in such a manner as to cause the natural water flow to back up into adjacent property, or to flow in a different course or rate of flow upon leaving the property upon which the blocking, diversion, or alteration occurs, unless an application is made and a permit is issued by the Township pursuant to plans which provide for a drainage flow which will not be detrimental to surrounding properties.
Drainage retention area. No area designated for, and/or used as a drainage retention area shall be altered, filled in, abandoned, or used for other purposes, unless it is done pursuant to a permit issued under this chapter.
Grading. The premises shall at all times be graded so that surface water drainage is not interfered with.