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Chesterfield Charter Township, MI
Macomb County
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[Ord. No. 45, § 600, eff. 10-15-1973; Ord. No. 45-10, eff. 12-24-1998]
For township approval of the grading plan, the applicant shall furnish a detailed estimate and two sets of the project grading plans showing all proposed sidewalks and indicating existing contours and proposed final grades of all paved and unpaved surfaces and building grades with drainage arrows (see section 30-87). The township engineer shall review plans for conformity to the principles set forth in this article, after which they will comment on the plans conformity with township standards and accepted engineering practices. The applicant after making any changes requested on the set of plans returned to him shall then submit nine sets of revised plans to the township for final approval. The township engineer shall then review these revised plans for conformity to the comments mentioned heretofore, and if they have been properly made, will retain four copies of the township's records and return five approved copies to the applicant. The applicant shall obtain approval of the county road commission and the county drain commissioner where applicable.
[Ord. No. 45, § 601, eff. 10-15-1973; Ord. No. 45-10, eff. 12-24-1998]
In order to provide effective erosion and sediment control, practical combinations of the following technical principles shall be applied to the erosion control aspects of the grading plan:
(1) 
The smallest practical area of land should be exposed at any one time during development.
(2) 
When land is exposed during development, the exposure should be kept to the shortest practical period of time.
(3) 
Temporary vegetation and/or mulching should be used to protect critical areas exposed during development.
(4) 
Sediment basins (debris basins or silt traps) shall be installed and maintained to remove sediment from runoff waters from land undergoing development until development is complete and vegetation on the entire site is reestablished.
(5) 
Provisions should be made to effectively accommodate the increased runoff caused by changed soil and surface conditions after development.
(6) 
The permanent final vegetation and structures should be installed as soon as practical in the development.
(7) 
The development plan should be fitted to the topography and soil so as to create the least erosion potential.
(8) 
Wherever feasible, natural vegetation should be retained and protected.
(9) 
When detention basins are required they shall be constructed prior to the installation of other improvements.
The drainage plans shall indicate in detail the proposed methods of erosion control.
[Ord. No. 45, § 602, eff. 10-15-1973; Ord. No. 45-10, eff. 12-24-1998; Ord. No. 110-56, § 1(1.2), 6-16-2003; Ord. No. 168, 7-10-2017]
(a) 
Asphalt, paved or grass-covered areas shall have a minimum general slope of 1% with specific water-carrying swales having a minimum slope of 0.5%.
(b) 
Concrete-paved surfaces shall have a minimum slope of 0.5%.
(c) 
All proposed projects shall be designed to accommodate all on-site drainage and any tributary off-site drainage. The proposed grades around the perimeter of sites shall generally be 0.5 foot lower than adjacent off-site grades unless otherwise approved by the Township Engineer. Maximum slope from an adjacent property to the proposed perimeter grade shall be one foot vertical to six feet horizontal.
(d) 
All project areas shall drain stormwaters to suitable storm structures which will prevent such stormwater from flowing across adjacent private property and prevent damage to both private and public properties.
(e) 
Building finish grades (brick ledge) shall be a minimum one foot and maximum 1.5 feet higher than front lot grades, and a minimum of 0.5 foot and a maximum of one foot higher than side yard swale grades. Minimum slope for rear yards shall be 1% with a maximum slope of 6% and a minimum one-foot grade differential from the building finish grade at the rear yard setback to the rear yard swale or catch basin. The Township Engineer may allow steeper slopes based on existing site topography.
(f) 
Where it is necessary to split the brick ledge for grading purposes, the minimum grade differential shall be 0.25 foot. As constructed, brick ledge elevation shall not vary more than 0.25 foot from the approved elevation.
(g) 
When, in the opinion of the Township DWP Superintendent and/or the County Public Works Office, there is inadequate stormwater outlet capacity, the developer shall make necessary downstream drain improvements. Detention is required for all developments, unless, in the opinion of the Township DPW Superintendent and the County Public Works Office, an outlet exists with sufficient capacity to accommodate full discharge. The following requirements shall apply:
(1) 
Detention ponds shall be designed to be totally drained within 24 hours of the storm with a maximum water depth of four feet.
(2) 
The detention pond shall be designed to contain a volume equal to two inches of water over the entire site or to the one-hundred-year-frequency storm using the Oakland County Drain Comission Method, whichever is greater, with a minimum of one foot of freeboard.
(3) 
The maximum allowable discharge is 0.2 cfs/acre. More restrictive discharge limits may be required if deemed appropriate by the Township Engineer.
(4) 
Side slopes shall not be steeper than one foot vertical on six feet horizontal for totally drained (dry) ponds. Permanent ponds or lakes which are to be utilized as detention ponds shall conform to the above requirements except that, from the normal pond water elevation to eight feet below said normal water elevation of the detention pond, a maximum slope of one foot vertical on five feet horizontal is acceptable. Storage attributable to permanent ponds or lakes shall be from the normal water level to one foot below the top of bank.
(5) 
The bottom of a dry detention pond shall have a minimum grade of 1%, sloping toward the pond outlet structure.
(6) 
Ponds which do not meet the minimum side slope requirements will require fencing and may require pumping. In no case shall pond side slopes exceed a slope of one foot vertical to four feet horizontal. Fences shall be secure and lockable, shall have a minimum height of six feet and shall be constructed of material approved by the Planning Commission.
(7) 
A suitable paved access roadway 16 feet in width shall run from a hard-surfaced roadway to an access gate in the detention basin. The access gate shall be a double opening gate at least 14 feet in total width and shall be provided with proper locks. The bottom of the fence shall be six inches below the ground surface, and the top shall extend at least six feet above the grade adjacent to the pond.
(8) 
The entire detention pond area must be seeded or sodded, and the turf shall be fully established before the Township approves the detention basin for operation and maintenance. The developer shall be responsible for dewatering the basin until it is accepted by the Township.
(9) 
Ponds shall have a suitable overflow structure and channel to minimize erosion and to allow for controlled overtopping. The overflow channel shall convey the ten-year frequency discharges to an approved outlet.
(10) 
Detention ponds and conveyance systems shall be constructed prior to any other work on the site. Outlet pipes and overflow devices shall be protected to prevent damage and avoid off-site sedimentation in the event of major storms during the construction of the development.
(11) 
Detention in parking lots may be considered with approval by the Township Engineer. The maximum depth of parking lot storage is one foot. Credit for storage will only be given up to the gutter line; no credit will be given above that point. The curb will act as freeboard. In no case shall pipe storage be considered detention.
(12) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (g)(12), which prohibited the construction of detention ponds between the road right-of-way and the front building setback line, was repealed 1-8-2019 by Ord. No. 172.
(13) 
When more than one property owner is receiving benefit from a detention facility, a special assessment district (SAD) or other mechanism shall be established to assure maintenance, operation and insurance liability costs for the life of the detention basin.
(h) 
Stormwater collection system shall include all elements of the stormwater conveyance systems, including storm sewers, detention facilities, retention facilities, sedimentation basins/devices, swales, ditches, drains, natural watercourses, stormwater-related easements, and all components of said system.
When off-site drainage is conveyed through a stormwater collection system, the property owners of the system shall be responsible for providing the continuance of tributary drainage through their system.
An SAD or other mechanism (acceptable to the Township) shall be established for all stormwater collection systems to assure maintenance, operation and insurance liability costs in perpetuity. Generally, the development on which the stormwater collection system is installed shall be responsible for all costs related to operating and maintaining the system. This requirement shall run with the land and be binding upon future property owners. Maintenance shall be performed on a regular basis by the property owner(s) to assure proper function of the system.
All repairs to the system, including trench settlement, soil loss due to leaky joints, flooding, obstructions in the system, and system failures must be corrected on a timely basis or within 30 days of notice by the Township DPW. When the property owners of the stormwater collection system fail to properly operate or maintain their system, the Township DPW will cause the work to be performed and will receive reimbursement for all associated costs through the SAD process or other established mechanism.
[Ord. No. 45, § 602A, eff. 10-15-1973; Ord. No. 45-3, eff. 10-10-1986; Ord. No. 45-10, eff. 12-24-1998]
(a) 
Any alteration of existing grades, or previously approved grades, by the fill or redistribution of earthen materials shall first be approved by the township building official. In the event the township building official determines that the fill or redistribution of earthen materials may impede, obstruct or accelerate the natural flow of surface waters, a certificate of engineering approval shall be required.
(b) 
An applicant for such approval shall furnish the township engineer with an existing topographical survey and a proposed finish grade plan of such proposed alteration showing its relationship to adjoining lands. Such plan shall be in accordance with the requirements of the township engineer which shall be set forth in the application for such certificate. If fill is proposed, the applicant shall identify the source of fill and shall furnish a phase I environmental assessment, prepared by a qualified professional, for the fill source. The township board shall establish by resolution an appropriate fee to be paid by the applicant to cover all costs of such review.
(c) 
Earthen materials may not be removed from a site without a permit, as required by article IV of chapter 34. Moving, leveling, grading or redistribution of materials for the purpose of developing the land in accordance with approved plans does not constitute removal from the site.
(d) 
Each site shall be graded for the purpose of directing surface water runoff to appropriate stormwater collection and disposal systems as is necessary. Grading shall be done in a manner which will not cause stormwater from the site to flow onto adjacent land nor obstruct the flow of existing drainage from adjacent properties.
(e) 
A grading plan is required with all engineering plan submittals and must include the following information:
(1) 
Existing spot elevations taken on a fifty-foot grid of the project area including the area at least 200 feet beyond the project's boundaries.
(2) 
Proposed elevations at all lot corners, alongside lot lines immediately adjacent to existing or proposed structures, in swales and ditches at regular intervals not to exceed 100 feet, at all proposed building corners, at corners and centerlines of septic fields, and at all proposed utilities, including storm and sanitary sewer structures rims and hydrant finish grades.
(3) 
The plan must contain sufficient information to detail the drainage of each lot.
(4) 
Building finish grades shall be a minimum one foot and maximum 1.5 feet higher than front lot grades, and a minimum of 0.5 foot and a maximum of one foot higher than side yard swale grades. Minimum slope for rear yards shall be 1% with a maximum slope of 6% and a minimum one-foot grade differential from the building finish grade at the rear yard setback to the rear yard swale or catchbasin. The township engineer may allow steeper slopes based on existing site topography.
(5) 
Proposed elevations at property lines shall be met by new construction with perimeter swale grades a minimum of 0.5 foot below off-site grades.
(6) 
In no case shall on-site drainage be directed to an adjacent site or shall off-site drainage patterns be interrupted.
(7) 
The township preserves the right to require that final plot plans for individual lots be submitted prior to engineering plan approval if, in the opinion of the township engineer, such plot plans are necessary to fully evaluate the impacts of grading, easements and other improvements.
(f) 
In general, borrow pits shall not be allowed. If a developer elects to pursue construction of a borrow pit within the township, he shall make application to the planning commission for special land use under provisions of chapter 76. All provisions thereon shall apply, and the application shall be accompanied by detailed geotechnical evaluation of the proposed activity and its probable impact on the site and its use under current zoning. This report shall be signed and sealed by a licensed geotechnical professional and must be submitted to the township engineer for review and comment prior to any action being taken by the planning commission. All fees shall be paid by the applicant.
(g) 
Finished easement grades shall be indicated on the plans at each lot or building site corner not adjacent to a street pavement. The developer shall provide the township engineer with a set of as-built drawings showing road grades.
(h) 
Any fill placed shall be clean, approved material only. Fill placed shall be free of rubble, riprap, stumps, building materials, organic material or any type of contaminated material.
(i) 
Prior to the commencement of any form of construction the developer shall have the site mass graded.
[Ord. No. 45, § 603, eff. 10-15-1973; Ord. No. 45-1, eff. 7-25-1980; Ord. No. 45-10, eff. 12-24-1998; 12-3-2019 by Ord. No. 178]
(a) 
Sidewalks shall be constructed completely across the project where it abuts existing or proposed public and private streets.
(b) 
Sidewalks within the public right-of-way shall be located such that the property side edge of the sidewalk is one foot inside the right-of-way line as located in accordance with the ultimate street width as planned by the Township or Road Commission of the County. Should the existing right-of-way and the planned right-of-way not coincide and thus require the sidewalk to be built on private property outside the existing right-of-way, the applicant shall grant the Township a permanent easement for sidewalk and utility purposes for land located between the existing public right-of-way and the ultimate planned right-of-way.
(c) 
Sidewalks shall be constructed of concrete having a test of 3,000 pounds per square inch compressive strength and shall be five feet in minimum width and four inches in thickness except where under driveways where they shall be six inches thick. Tooled construction joints shall be spaced five feet apart and one-half-inch-thick premolded expansion joints shall be spaced not more than 50 feet apart. A sidewalk adjacent to parking which is subject to vehicle overhang shall be seven feet wide.
(d) 
Sidewalks shall be set at a grade of 3/8 inch per foot above the adjacent top of street pavement curb. If no curb exists, the Township Engineer shall review the applicant's proposed sidewalk grade shown on the plans.
(e) 
All sidewalks and driveway approaches between the lot line and the street curb, except crosswalks at intersections, shall be repaired and maintained by the abutting property owner and shall comply with all requirements set forth in this section.
(f) 
All sidewalks within the Township shall be kept and maintained in good repair by the owner of the land adjacent to and abutting upon it. If any owner shall neglect to keep and maintain the sidewalk along the front, rear or side of the land owned in good repair and safe for use of the public, the owner shall be liable to the Township for any damages recovered against the Township sustained by any person by reason of such sidewalk being unsafe and out of repair.
(g) 
Sidewalks shall be provided in mobile home parks and multifamily projects with private street systems.
(h) 
Administrative deferral.
(1) 
Deferral agreement. The Township Supervisor, upon the request of the owner of land, may administratively defer the requirement for the installation of sidewalks and execute an agreement on behalf of the Township with such owner for such deferral, provided that each of the requirements of this section are satisfied.
(2) 
Deferral requirements.
a. 
Application with reasons. Deferrals are discouraged; however, if the owner submits an application to the Building Department requesting such administrative deferral, it may be granted for any of the following reasons:
1. 
Physical characteristics of the area where the sidewalks would be installed make installation unusually difficult in either design or construction;
2. 
The absence of other sidewalks for a distance of one mile along the same road right-of-way in both directions and on the same side where the sidewalks would be installed, except that on major road frontages if located within 1/2 mile of an approved development for which sidewalks have been approved but not constructed;
3. 
The sidewalk would be constructed along an unpaved road or one that lacks drainage improvements;
4. 
The sidewalk would be constructed in a subdivision that was platted prior to the effective date of the ordinance from which this article is derived and no other sidewalks exist in that subdivision; or
5. 
The existence of practical difficulties or unnecessary hardships to such owner if the sidewalks were required to be installed.
b. 
Certification of reasons. The Building and Zoning Administrator and the Planning Director certifies to the Township Supervisor one or more of the reasons set forth in Subsection (h)(2)a of this section do exist.
c. 
Agreement to construct when requested. The execution of an agreement in recordable form by all persons who hold a fee simple or equitable interest in the property in relation to which sidewalk installation is otherwise required by this article, to construct the sidewalks when the Township shall determine such sidewalks be installed in the interest of the health, safety or welfare of the residents of the Township. The agreement must contain language to include the Township's ability to install said sidewalks in the event the owner fails to do so upon the Township's request. The agreement must also provide the Township authority to place a lien upon the property in the event the Township installs the sidewalk. Upon request of the Township pursuant to Section 30-155(b), where the right-of-way width varies along a roadway, the property owner shall provide an easement to the Township to provide compatible alignment with other existing and future sidewalks along the same roadway.
d. 
Payment of fees. Payment of any fees as may be established by resolution of the Township Board.
(3) 
Recording of agreement and/or easement. The property owner shall record the agreement and/or easement with the County Register of Deeds. The Building Department shall maintain a record of all administrative deferrals granted pursuant to Subsection (h)(1) and (2) of this section.
(4) 
Annual review by staff. Such deferrals shall be reviewed by the Building and Planning Departments the first week in February of each year to determine whether sidewalks should be installed in accordance with the term of the agreements.
(i) 
Appeals to Zoning Board of Appeals.
(1) 
Variance or waiver grant after hearing. The Zoning Board of Appeals shall be empowered to grant variances to or waive the requirements of this article upon a hearing held in compliance with the Open Meetings Act, Public Act No. 267 of 1976 [MCLA § 15.261 et seq., MSA 4.1800(11) et seq.].
(2) 
Appeal procedure. Any person seeking an appeal from the provisions of this article shall submit an application for appeal upon a form provided by the Zoning Board of Appeals and pay any fee established by resolution of the Township Board within the following time requirements:
a. 
In the event of an appeal to vary or waive the requirement for installation of a sidewalk or portion of a sidewalk, such appeal shall be made within 10 days of the application for a building permit or site plan approval, or denial of an administrative deferral.
b. 
An appeal relating to the requirements of this article to repair or remove encroachments shall be made within 10 days from date of mailing or personal service of the defective sidewalk notice.
(3) 
Factors to be considered. In making its determination, the Zoning Board of Appeals shall consider the following:
a. 
Any recommendation submitted by the Building Department;
b. 
The provisions, intent and purpose of this article;
c. 
The character and use of land and buildings in the general and immediate vicinity;
d. 
The effect of the proposed variance or waiver on the general and immediate vicinity;
e. 
The number of persons residing or working in the general and immediate vicinity;
f. 
The presence or absence of underground facilities beneath the area where the sidewalks would be installed and whether plans exist to install or repair underground facilities in such area;
g. 
Physical characteristics of the area, which make the installation of sidewalks unusually difficult in design or construction;
h. 
The existence of practical difficulties or unnecessary hardship if sidewalks were required to be installed; and
i. 
Any other relevant evidence it may determine to be necessary and pertinent to its determination.
(4) 
Indefinite postponement of installation. If the Zoning Board of Appeals determines that the installation of sidewalks be postponed, it shall condition such determination on the applicant complying with the provisions of Section 30-155(h)(2)c through d.
(5) 
Zoning Board of Appeals power limitation. The Zoning Board of Appeals shall not be empowered to vary, modify, alter or waive any provision of Section 30-155(h)(1) and (2).
[Ord. No. 45, § 604, eff. 10-15-1973; Ord. No. 45-10, eff. 12-24-1998]
(a) 
An earth berm may be required by the township to provide visual screening or act as a barrier to noise from adjacent development.
(b) 
Berms shall be constructed using clean, approved material only. Berms shall not be constructed with rubble, riprap, stumps or any type of contaminated material.
(c) 
Berms shall have a minimum height of four feet, or as otherwise approved by the planning commission, and a maximum height of 10 feet with a minimum two-foot-wide flat area on top. Slopes shall be no steeper than three horizontal to one foot vertical.
(d) 
Upon completion of construction, a berm shall be seeded or sodded and stabilized.