[HISTORY: Adopted by the City Council of the City of Rockwood 2-16-1994 by Ord. No. 329. Amendments noted where applicable.]
Council hereby finds that excessive quantities of soil are eroding from certain areas that are undergoing development for nonagricultural uses, such as housing developments, industrial areas, recreational facilities and roads. This erosion makes necessary costly repairs to gullies, washed out fills, roads and embankments. The resulting sediment clogs storm sewers and road ditches, muddies streams, leaves deposits of silt in lakes and reservoirs and is considered a major water pollutant.
The purpose of this chapter is to prevent soil erosion and sedimentation from occurring as a result of nonagricultural development within the City by requiring proper provisions for water disposal and the protection of soil surfaces during and after construction, in order to promote safety, public health, convenience and the general welfare of the community.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCELERATED SOIL EROSION
- The increased lay occurring as a result of man's activities.
- BUILDING OFFICIAL
- The Chief of the Building Department of the City or his or her duly authorized representative.
- CERTIFICATION OF COMPLETION
- A signed written statement by the City Engineer or the Building Official that specific construction has been inspected and found to comply with all grading plans and specifications.
- CITY ENGINEER
- The City Engineer or his or her duly authorized representative.
- Loose refuse or earth material not suitable for use as presently situated or constituted, as determined by the City Engineer.
- EARTH CHANGE
- A man-made change in the natural cover or topography of land, including cut and fill activities, which change may result in or contribute to soil erosion or sedimentation of the waters of the state. "Earth change" shall not apply to the practice of plowing and tilling soil for the purpose of crop production.
- The process by which the ground surface is worn away by action of wind, water, gravity or a combination thereof.
- EXCAVATION or CUT
- Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated, and includes the conditions resulting therefrom.
- A deposit of soil, rock or other material, placed or replaced by man or machine, which raises an existing elevation.
- That area which would be inundated by storm runoff or flood water equivalent to that which would occur with a rainfall or flood with a one-hundred-year recurrence frequency after total development of the watershed.
- Any stripping, excavating, filling, stockpiling or combination thereof, including land in its excavated or filled condition.
- GRADING PERMIT
- A permit issued to authorize work to be performed under this chapter.
- HAUL ROAD
- An on-site roadway constructed to prevent the spread of debris onto the public right-of-way.
- Any danger to public health, welfare and safety, including exposure to risk of damage to property or liability for personal injury, or risk of harm to land, air or water resulting in environmental degradation. "Hazard" includes flooding and ponding, compaction and settling, landslides, earthquakes, toxic chemicals, radiation, fire and disease.
- LAND USE
- A use of land which may result in an earth change, including, but not limited to, subdivision, residential, commercial, industrial, recreational or other development, private and public highway, road and street construction, drainage construction, logging operations, agricultural practices and mining.
- NATURAL FEATURES
- Includes, but is not limited to, existing streams, soil, vegetation and trees two inches or greater in diameter or 15 inches or greater in height, whichever is less.
- NATURAL GROUND SURFACE
- Any ground surface in its original state before any grading, excavation or filling, and established by the City Engineer when there is any question of its location.
- NONEROSIVE VELOCITY
- A speed of water movement which is not conducive to the development of accelerated soil erosion.
- PERMANENT SOIL EROSION CONTROL MEASURES
- Those control measures which are installed or constructed to control soil erosion and which are maintained after completion of the project.
- A natural person, firm, corporation, partnership or association.
- Any solid particulate material, both mineral and organic, that is in suspension in, is being transported by, or has been moved from its origin by air, water or gravity as a product of soil erosion.
- Any lot or parcel of land or combination of contiguous lots or parcels of land where grading is performed or permitted.
- Any inclined, exposed surface or a fill, excavation or natural terrain.
- All earth material, of whatever origin, that overlies bedrock, including the decomposed zone of bedrock which can be readily excavated by mechanical equipment.
- SOIL EROSION CONTROL FACILITY
- A facility or measure placed or constructed as necessary for the successful control or abatement of accelerated soil erosion.
- The proper placement of earth materials or rock for temporary periods of time in accordance with the requirements of this chapter for the purpose of facilitating construction operations.
- The depositing of earth materials or rock for temporary periods of time in accordance with the requirements of this chapter for the purpose of facilitating construction operations.
- A river, stream, creek or other surface waterway which may or may not be serving as a drain, as defined by Act No. 40 of the Public Acts of 1956, as amended, being MCLA 280.1 to 280.630, as amended, and which has definite banks, a bed and visible evidence of a continued flow or continued occurrence of water, including the connecting waters of the Great Lakes.
- Any activity which removes or significantly disturbs the vegetative surface cover, and includes clearing and grubbing operations.
- TEMPORARY SOIL EROSION CONTROL MEASURES
- Interim control measures which are installed or constructed for the control of soil erosion until permanent soil erosion control is effected.
No site plan, plot plan or plat shall be approved under the Zoning Code unless such site plan, plot plan or plat includes soil erosion and sediment control measures consistent with the requirements of this chapter and related land development regulations.
Editor's Note: See Ch. 270, Zoning.
No certificate of occupancy for any building shall be issued under the Zoning Code unless the applicant for such certificate has obtained a certification of compliance indicating compliance with all grading plans and specifications and completion of all permanent soil erosion control measures, issued by the County of Wayne.
Permit required. Except as exempted by § 102-16, no person shall do any grading, stripping, excavating or filling, or undertake any earth change, which disturbs one or more acres of land, or if the earth change is within 500 feet of a lake or stream of the state, unless he or she has a valid grading permit issued by the County of Wayne. Anything less than one acre must be referred to the Building Department.
Application. A separate application shall be required for each grading permit. Plans, specifications and timing schedules shall be submitted with each application for a grading permit. The plans shall be prepared or approved by a professional engineer or architect. Wayne County may waive this requirement if the work entails little hazard to the adjacent property and does not include the construction of a fill upon which a structure may be erected.
Plans and specifications. The plans and specifications accompanying the grading permit application shall contain the following data:
A vicinity sketch indicating the site location as well as the adjacent properties within 500 feet of the site boundaries;
A boundary line survey of the site on which the work is to be performed; and
A plan of the site showing:
The name, address and telephone number of the landowner, developer and petitioner;
A timing schedule indicating the anticipated starting and completion dates of the development's construction sequence and the time of exposure of each area prior to the completion of effective erosion and sediment control measures;
A certified statement of the quantity of excavation and fill involved;
Existing topography at a maximum of one-foot contour intervals or noted elevations on a grid not exceeding 100 feet;
Proposed topography at a maximum of one-foot contour intervals or noted elevations on a grid not exceeding 100 feet;
The size and location of any structure or natural feature on the site;
The location of any structure or natural feature on the land adjacent to the site and within 50 feet of the site boundary line;
The location of any proposed additional structures or development on the site;
Elevations, dimensions, location, extent and slope of all proposed grading (including building and driveway grades);
Topography, based on National Geodetic Vertical Datum (NGVD);
The estimated total cost of required temporary and permanent soil erosion control measures;
Plans of all drainage provisions, retaining walls, cribbing, planting, erosion control measures or other temporary or permanent soil erosion control measures to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area of land tributary to the site and the estimated runoff of the area served by drains; and
Other information or data as may be required by the County of Wayne, such as a soil investigation report which shall include, but not be limited to, data regarding the nature, distribution and supporting ability of existing soils and rock on the site.
Fees. Fees shall be established, as part of the building permit fee, from time to time by resolution of Council.
A grading permit shall not be issued unless the permittee first posts per Wayne County requirements a bond executed by the landowner and a corporate surety with authority to do business in the state as a surety.
If a permittee is unable to complete the work authorized by this chapter within the specified time, he or she must adhere to Wayne County requirements pertaining to extension of time.
The City will not issue a certificate of occupancy if the permittee fails to complete the work and to meet all requirements.
Grading permits shall not be issued where:
The proposed work would cause hazards to the public safety and welfare.
The work as proposed by the applicant will damage any public or private property or interfere with any existing drainagecourse in such a manner as to cause damage to any adjacent property, result in the deposit of debris or sediment on any public way or into any waterway or create an unreasonable hazard to persons or property.
The land area for which grading is proposed is subject to geological hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce settlement, slope instability or any other hazard to persons or property.
The land area for which the grading is proposed may lie within the floodplain of any stream or watercourse (not specifically designated and delineated by the City as an area subject to flood hazard) unless a hydrologic report, prepared by a professional engineer, is submitted to certify that the proposed grading will have, in his or her opinion, no detrimental influence on the public welfare or upon the total development of the watershed.
All modifications of approved grading plans must be submitted to and approved by the City Engineer. All necessary sustaining reports shall be submitted with any proposal to modify the approved grading plan. No grading work in connection with any proposed modification shall be permitted without the approval of the City Engineer.
During grading operations the permittee shall be responsible for:
The prevention of damage to public utilities or services within the limits of grading and along any routes of travel of the equipment;
The prevention of damage to adjacent property. No person shall grade on land so close to the property line as to endanger any adjoining public street, sidewalk or alley, or any public or private property, without supporting and protecting such property from settling, cracking or other damage that might result;
Carrying out the proposed work in accordance with the approved plans and in compliance with all the requirements of the permit and this chapter; and
The prompt removal of all soil, miscellaneous debris or other materials applied, dumped or otherwise deposited on public streets, highways, sidewalks or other public thoroughfares during transit to and from the construction site, where such a spillage constitutes a public nuisance or hazard.
Earth changes shall be conducted in such a manner so as to effectively reduce accelerated soil erosion and resulting sedimentation.
All earth changes shall be designed, constructed and completed in such a manner that the exposed area of any disturbed land shall be limited to the shortest possible period of time.
Sediment caused by accelerated soil erosion shall be removed from runoff water before it leaves the site of the earth change.
Any temporary or permanent facility designed and constructed for the conveyance of water around, through or from the earth change area shall be designed to limit the water flow to a nonerosive velocity.
Permanent soil erosion control measures for all slopes, channels, ditches or disturbed land areas shall be completed within 15 calendar days after final grading or after the final earth change has been completed. When it is not possible to permanently stabilize a disturbed area after an earth change has been completed, or where significant earth change activity ceases, temporary soil erosion control measures shall be implemented within 30 calendar days. All temporary soil erosion control measures shall be maintained until permanent soil erosion control measures are implemented.
Persons carrying out soil erosion and sediment control measures under this chapter, and all subsequent owners of property concerning which such measures have been taken, shall maintain all permanent erosion control measures, retaining walls, structures, plantings and other protective devices.
All grading plans and specifications, including extensions of previously approved plans, shall include provisions for erosion and sediment control in accordance with, but not limited to, the standards contained in the County Soil District Standards for Soil Erosion and Sedimentation Control. Copies of such standards shall be available for inspection in the offices of the City Clerk and the City Engineer.
No grading permit shall be required for the following:
Agricultural uses of land zoned agricultural;
Grading or an excavation below finished grade for basements, footings, retaining walls or other structures on plots zoned RA-1, RA-2 or RA-3, of less than 20,000 square feet and more than 100 feet from any lake, stream or drainage course;
Where the City Engineer certifies, in writing, that the planned work and the final structures or topographical changes will not result in or contribute to soil erosion or sedimentation of the waters of the state; will not interfere with any existing drainagecourse in such a manner as to cause damage to any adjacent property or result in the deposit of debris or sediment on any public way; will not create any hazard to any person or property; and will have no detrimental influence upon the public welfare or upon the total development of the watershed.
Even though no permits are required under Subsection A(1) to (5) hereof, operations and construction which are exempt from the permit requirement must still be in compliance with the provisions of this chapter concerning grading and erosion.
Where it is alleged that there is an error or misinterpretation in any order, requirement, decision, grant or refusal made by the City Engineer, the Zoning Board of Appeals may hear specific applications and may amend or change such order, requirement, decision, grant or refusal so that it is in harmony with the general purpose and intent of this chapter. The procedural requirements for appeals under the Zoning Code shall be applicable to appeals under this chapter.
This chapter shall be enforced by the City Engineer. The City Engineer shall inspect the work and shall require adequate inspection or compaction by a soil engineer or by a soil testing agency, approved by the City Engineer, unless he or she determines that such inspection requirements may be waived due to the nonhazardous nature of the grading.
Upon satisfactory execution of all approved grading plans and other requirements, the City Engineer shall issue a certification of completion. If the City Engineer finds any existing conditions not as stated in any application, grading permit or approved plan, he or she may refuse to approve further work until approval of a revised grading plan, which will conform to the existing conditions, has been granted.
Notwithstanding the existence or pursuit of any other remedy, the City may maintain an action in its own name in any court of competent jurisdiction for an injunction or other process against any person to restrain or prevent violations of this chapter.
The City Engineer or his or her duly authorized agents may enter, at all reasonable times, in or upon any private or public property for the purpose of inspecting and investigating conditions and practices that may be a violation of this chapter.