[HISTORY: Adopted by the Village Council
of the Village of New Haven 3-22-1988 by Ord. No. 197. Amendments noted where
applicable.]
Lakes, ponds, wetlands and watercourses shall
be retained as permanent open space. No development, filling, piping
or diverting shall be permitted except for required roads, or as may
be allowed or required by the Macomb County Public Works Commissioner
and the Michigan Department of Natural Resources in accordance with
the provisions of Act 203, Public Acts of 1979, as amended.[1]
[1]
Editor's Note: P.A.1979, No. 203, was repealed
by P.A.1994, No. 451, § 90103. See now MCLA § 324.30301
et seq.
A.
An application including a site plan shall be submitted
showing existing and proposed topography drawn to at least two-foot
contour intervals. Bench marks for the elevations shown on the drawing
shall be properly indicated. Indication of where trees and shrubs
exist or where such vegetation will be planted prior to occupancy
shall be shown. All such trees and shrubs shall be labeled as to size
and whether existing or proposed. Whenever a tree or group of trees
of three-inch caliper or greater is to be removed as part of the planned
improvements, its or their location shall be shown on the site plan
in dotted outline and noted "to be removed."
B.
The boundaries of all wetlands on the land which is
the subject of the site plan shall be clearly and accurately identified
and located.
The owner of land affected by wetlands intending
to use the same for any purpose authorized by this chapter shall furnish
the Village Building Department with a wetlands permit issued by the
Michigan Department of Natural Resources pursuant to Act 203, Public
Acts of 1979,[1] as amended, as a precondition for said use.
[1]
Editor's Note: P.A.1979, No. 203, was repealed
by P.A.1994, No. 451, § 90103. See now MCLA § 324.30301
et seq.
As used in this chapter, the following terms
shall have the meanings indicated.
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:
Contiguous to Lake St. Clair, an inland lake
or pond, or a river or stream;
Not contiguous to Lake St. Clair, an inland
lake or pond or a river or stream; and more than five acres in size;
or
Not contiguous to Lake St. Clair, an inland
lake or pond or a river or stream; and five acres or less in area,
if the Michigan Department of Natural Resources has determined that
protection of the area is essential to the preservation of the natural
resources of the state from pollution, impairment, or destruction,
and the Department has so notified the owner.
