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:
CLEARING
Any activity that removes the vegetative ground cover.
EXCAVATING
Any digging, scooping or other methods of removing earth materials.
FILLING
Any depositing or stockpiling of earth materials.
GRADING
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.
PERSON
Any individual, partnership, corporation, state or instrumentality
of a state or the legal representative thereof.
TRANSPORTATION
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.
[Added 12-18-1995 by Ord. No. 238]
A. 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:
(1) 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.
(2) 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.
B. Grading. The premises shall at all times be graded so
that surface water drainage is not interfered with.