[Ord. No. 54,
art. III, § 1, eff. 9-12-1975; Ord. No. 54-2, eff. 8-12-1983]
Single-family residential use districts as designated in chapter 76 bordering on Lake St. Clair, the Salt River and Auvase River and/or public and private lagoons, channels and canals, docks, piling or other construction shall be limited to accommodate permanent docking of not more than three boats.
[Ord. No. 54,
art. III, § 2, eff. 9-12-1975]
(a)
It shall be unlawful to erect without permit any new building, seawall
or structure, or alter or repair any existing building, seawall or
structure, over or upon or contiguous to any waterways in the township,
including lakes, rivers, lagoons, channels, canals, and other waterways
in the township. Application for such permits shall be made with the
building official in accordance with an application prepared by the
building official and subject to the requirements of this article.
(b)
The provisions of this article shall be subject to the littoral and
riparian rights of property owners.
(c)
All docks, pilings or other construction in, over or upon and contiguous
to any waterway in the township shall be so constructed so as to leave
a minimum of 30 feet or as platted clearance and right-of-way for
the free passage of watercraft. Such clearance or right-of-way shall
measure 20 feet in a perpendicular direction from the middle of the
stream where a plat is recorded, and 20 feet from the thread of the
stream in all other cases, except as hereinafter set forth and provided.
The township board may grant an exception if surrounding properties
already have permanent obstructions.
(d)
No permanent structure shall be erected in, over or upon or contiguous to any waterway in the township that shall in any way interfere with or obstruct the right-of-way as provided for in subsection (c) of this section. No bulkheads shall be constructed which shall extend into the waterway beyond the lot line of any lot. Proof must be given of the established lot line from a certified survey of the property before a permit shall be issued. The township board may grant an exception if surrounding properties already have permanent obstructions.
(e)
Any permit issued under this section does not authorize the violation
of any subdivision restriction, deed restriction or other private
protective covenant as may apply to the property.
(f)
Where any river or lagoon in the township is more than 90 feet but
less than 200 feet in width, measured from waters edge to waters edge,
no dock piling or other construction shall exceed or project more
than 20 feet in length from the waters edge toward the center of the
stream. Further, no watercraft, floating dock or pier shall be parked
or located so as to project more than 15 feet beyond any allowed dock,
piling or other construction.
(g)
Where any river or lagoon is greater than 200 feet in width as measured
as provided herein no dock, piling or other construction shall exceed
or project more than 30 feet in length from the waters edge toward
the center of the stream. No watercraft, floating dock or pier shall
be parked so as to project more than 15 feet beyond any allowed dock,
piling or other construction. All construction as provided in this
section shall be subject to approval by the corps of engineers and
in accord with existing regulations and permits for work in navigable
waters as required by the corps of engineers, including 500 feet upstream
on the Salt River, Auvase River, stream or canal from the waters edge
of Anchor Bay.
(h)
No permit shall be issued pursuant to this section until the following
requirements have been met by the applicant:
(1)
All public utilities must be located and shown on the plans
submitted to the building official.
(2)
Entrance through the waterway to the job can only be by water
propulsion or the applicant's property and not by any other propulsion
such as catting or other such means.
(3)
A minimum of $100 cash deposit must be made with the township
treasurer to be refunded upon satisfactory completion of the job as
determined by final inspection by the building official.
(4)
All construction under this article shall be treated as a structure
permit with the applicable sections of the BOCA code being enforced
and adhered to.
(i)
In addition to the requirements in subsections (a) through (h) of this section, all construction on Lake St. Clair shall meet with all requirements and permits for work in navigable waters as required by the corps of engineers and any other governmental agencies having jurisdiction thereon, and subject to the following control by the township pertaining to landfills and extensions beyond the shoreline of Lake St. Clair, or upstream of the Salt River or Auvase River:
(1)
No extensions into the waters of Lake St. Clair shall be permitted
until an applicant has submitted to the township board plans and specifications
setting forth the extension to be constructed in detail as to effect
on lake bottom formations and water flow as required herein and such
other data as required by the board.
(2)
The applicant shall show proof of approval of the corps of engineers
or any other appropriate agency that the same plans and specifications
have been approved.
(3)
The nature or type of fill to be used by applicant shall be
recited in its plans and specifications.
(4)
Upon approval by the township board of the applicant's plans
and specifications, a permit will be issued, and the applicant must
not deviate from the plans and specifications in its construction
of the extension.
(5)
In the event a special condition arises or of unforeseen circumstances
not governed by this article, the township board may enter into an
agreement with the applicant setting forth any additional requirements
to be complied with by the applicant.
(6)
All seawalls shall be backfilled within 60 days after installation,
alteration or repair.
