[Ord. No. 94,
§ 2, eff. 7-10-1992]
In its deliberations leading to the adoption of this division,
the township board has recognized and concluded that the use of certain
water resources situated within the township should be considered
within a framework of long-term costs and benefits to the township,
and that it is desirable to retain and maintain the physical, cultural
and aesthetic characteristics of the Auvase River and public and private
lagoons and canals within the township. Moreover it has been recognized
that, as the shorelines of such bodies of water become further developed,
the cumulative impact of boat usage from each respective property
must be regulated in order to preserve and protect the rights of riparian
owners and the owners of properties in proximity thereto, as well
as the township as a whole. It has further been recognized that the
lack of regulation will result in a nuisance condition and an impairment
of these important and irreplaceable resources of the township, and
will further result in the destruction of property values and threaten
the public health, safety and welfare of all persons making use of
such bodies of water within the township and properties adjacent thereto.
Accordingly, it is the intent and purpose of the township board to
adopt reasonable regulations for watercraft usage in the township.
The township board finds that Lake St. Clair, the Salt River and Timber
Creek are larger than the bodies of water regulated in this division
and that the use thereof for the launching and docking of watercraft
do not warrant regulation.
[Ord. No. 94,
§ 3, eff. 7-10-1992]
(a) The terms and provisions of this division shall be interpreted and
applied as minimum standards and requirements for the promotion and
protection of the public health, safety and welfare, and for the public
peace and preservation of natural resources and public and private
property within the township.
(b) This division shall not interfere with, abrogate, annul nor repeal
any other valid law, ordinance, rule or regulation previously in effect,
including any other valid ordinance regulating boat launching and/or
usage. Moreover, in instances where this division specifically imposes
a greater restriction or higher standard than other ordinances, the
provisions of this division shall govern.
(c) This division is not intended to conflict with and/or preempt application
of the statutes of the state and the laws of the United States vesting
ownership and control of the bottomlands of the Great Lakes in the
state and granting the paramount authority of the United States government
to the control of navigable waters of the Great Lakes and its included
tributaries.
(d) This division is not intended to regulate the launching and docking
of watercraft at approved public or private marinas or launching sites.
[Ord. No. 94,
§ 4, eff. 7-10-1992]
This division is adopted pursuant to and in accordance with
the provisions of Act No. 246 of the Public Acts of Michigan of 1945
(MCL 41.181 et seq., MSA 5.45(1) et seq.), as amended, and Act No.
359 of the Public Acts of Michigan of 1947 (MCL 42.1 et seq., MSA
5.46(1) et seq.), as amended.
[Ord. No. 94,
§ 5, eff. 7-10-1992; Ord. No. 94-2001, § 1.1, 5-1-2000]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
DOCK or DOCKING
The mooring of a watercraft directly to a pier, which is
a platform or other permanent seasonal fixture attached to or extending
from the shore, and directly accessible to a separate frontage; and
shall also mean the regular anchoring of a watercraft adjacent to
a separate frontage.
LAUNCH or LAUNCHING
The act of moving or transferring a watercraft from a separate
frontage into a waterway.
PERSON
A human being, partnership, corporation, association, including
a condominium association, and any other entity to which the law provides
or imposes rights or responsibilities.
PERSONAL WATERCRAFT
A vessel less than 12 feet in length, self-propelled by a
motor or any engine driven device that is designed to be operated
by a person sitting, standing or kneeling on the vessel rather than
in the conventional manner of sitting or standing inside the vessel.
For the purposes of this chapter, two personal watercraft shall constitute
one watercraft, as defined herein.
SEPARATE FRONTAGE
That portion of a lot or parcel of land existing on documentation
recorded with the county clerk, register of deeds, which abuts or
intersects with waterways, whether such lot or parcel is owned by
one or more persons, or commonly owned by several persons, or combinations
of persons.
WATERCRAFT
A boat, raft, barge, or vehicle propelled through the water
by a motor or engine or by wind.
WATERWAYS
The Auvase River and public and private lagoons and canals
located within the township. The term "waterways" shall not include
Lake St. Clair, the Salt River and Timber Creek.
[Ord. No. 94,
§ 6, eff. 7-10-1992; Ord. No. 94-2001, §§ 1.2,
1.3, 5-1-2000]
(a) Subject to the provisions below, not more than one watercraft or
two personal watercraft shall be launched and/or docked adjacent to
each separate frontage.
(b) If the continuous length of a separate frontage is greater than 25
feet, one additional watercraft or two additional personal watercraft,
or a combination thereof, may be launched and/or docked for each 25
feet of continuous frontage in excess of the initial 25 feet, not
to exceed a total of three watercraft or six personal watercraft,
or a combination thereof, per separate frontage. For the purpose of
computing the length of frontage, the measurements shall be along
the water's edge at the normal high watermark of public and private
lagoons and canals as determined in discretion of the township building
official. For purposes of computing the length of frontage along the
Auvase River, the measurement shall be along the water's edge at its
average historical level as determined in the discretion of the township
building official. No docked watercraft or personal watercraft may
extend outside or beyond the side lot or parcel lines of a separate
frontage where said lines intercept at the waters edge.
(c) Subject to section
72-337(d) and the paramount authority of the state and the United States government concerning the ownership of bottomlands and the control of navigation on the Great Lakes and its tributaries, no launching and/or docking shall be permitted on waterways with respect to a separate frontage of less than 25 feet. This provision shall not apply to lots or parcels of record prior to July 10, 1992.
[Ord. No. 94,
§ 7, eff. 7-10-1992]
(a) The township board may grant a variance from a literal application
of this division where enforcement will result in practical difficulties
or unnecessary hardship. The authority to grant a variance is established
to provide an opportunity for the relaxation of the terms of this
division by variance of its terms where such variance will not be
contrary to the public interest, in keeping with the spirit of this
division and the circumstances of the request for variance are unique.
The owner of a separate frontage seeking a variance from this division
shall submit an affidavit explaining the following:
(1)
How the strict enforcement of the provisions of this division
would cause practical difficulty and/or unnecessary hardship and deprive
the owner of rights enjoyed by other owners of separate frontage within
the township.
(2)
The conditions and circumstances unique to the separate frontage
which are not similarly applicable to other separate frontages in
the township.
(3)
That the conditions and circumstances unique to the separate
frontage were not created by the applicant, or his predecessor in
title, within the time following July 10, 1992.
(4)
Why the requested variance will not confer a special privilege
which is denied other separate frontages similarly situated in the
township.
(5)
Why the requested variance will not be contrary to the spirit
and intent of this division.
(b) The township board shall not approve an application for a variance unless specific findings of fact supporting subsection
(a) of this section are made a part of the record of proceedings. The township board may by resolution establish a fee chargeable to an applicant for reimbursement of the township for costs incurred in the review of the request for variance.
(c) The township board shall give notice of a request for variance to
the owner of the property in question and to all persons to whom any
real property within 300 feet of the premises in question is assessed.
The notice shall be delivered personally or by mail to the respective
owners at the address given in the last assessment roll. If the notice
is delivered by mail, an affidavit of mailing shall be filed with
the township board before the meeting at which the variance request
will be reviewed. The notice shall be made not less than eight days
before the meeting, stating the time, place, date and purpose of the
request for variance and the purpose of the meeting.
[Ord. No. 94,
§ 8, eff. 7-10-1992]
(a) Any person who shall be convicted of a violation of the regulations contained in this division shall be guilty of a misdemeanor and shall be punished as provided in section
1-11.
(b) In addition to, or in lieu of, seeking to enforce this division by proceeding under subsection
(a) of this section, the township may institute an appropriate action in a court of general jurisdiction seeking equitable relief.