[1]
State law references: Wetland protection, MCL 324.30301 et
seq.; local wetland protection ordinances, MCL 324.30307(4), 324.30308.
[Code 1974, § 105-3; Ord. No. 2002-02, 3-19-2002; Ord. No. 2003-11, 7-6-2003; Ord.
No. 2011-04, 3-15-2011]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Vertebrates or invertebrates that are dependent on wetlands
for some vital portion of their life cycle, including any of the following:
breeding, spawning, nesting, rearing of young, feeding, and resting
or protection.
Any of the following:
A permanent surface water connection or other direct contact
with an inland lake, pond, river or stream.
A seasonal or intermittent direct surface water connection to
an inland lake, pond, river or stream.
A wetland which is partially or entirely located within 500 feet of the ordinary high water mark of an inland lake, pond, river or stream, unless it is demonstrated by the property owner by clear and convincing evidence that there is no relation whatever between the wetland and the inland lake, pond, river or stream taking into the purposes of this article, as set forth in § 22-118.
To fill, place or dump.
The Director of Community Planning and Development for the
Township or his designee.
Soil, rocks, sand, or waste of any kind, or any other material
which displaces soil or water, or reduces water retention potential.
Any of the following:
A river or stream that has definite banks, a bed, and visible
evidence of a continued flow or continued occurrence of water.
A natural or permanent artificial inland lake or impoundment
that has definite banks, a bed, a visible evidence of a continued
occurrence of water, and a surface area of water that is more than
five acres, not including lakes constructed by excavating or diking
dry land and maintained for the sole purpose of cooling or storing
water and not including lagoons for treating polluted water.
A natural or permanent artificial pond that has permanent open
water with a surface area that is more than one acre but less than
five acres, not including ponds constructed by excavating or diking
dry land and maintained for the sole purpose of cooling or storing
water and not including lagoons used for treating polluted water.
Either:
Land occupied or to be occupied by a building, structure,
land use, or group of buildings, together with such open space or
yards as are required under the code of ordinances and having its
principal frontage upon a street.
Includes ditching and tiling for the removal of excess soil
moisture incidental to the planting, cultivating, protecting, or harvesting
of crops or improving the productivity of land in established use
for agriculture, horticulture, silviculture, or lumbering.
An individual, sole proprietorship, partnership, corporation,
association, municipality, of the state; an instrumentality or agency
of this state; the federal government, or an instrumentality or agency
of the federal government, or other legal entity.
Any of the following:
Wetlands, regardless of size, which are contiguous to any inland
lake stream, river, or pond, whether partially or entirely within
the project site.
Wetlands, regardless of size, which are partially or entirely
within 500 feet of the ordinary high water mark of any inland lake,
stream, river or pond, unless it is determined by the state department
of environmental quality that there is no surface or groundwater connection
between the wetland and the water body.
Wetlands which are larger than two acres, whether partially
or entirely contained within a lot, and which are not contiguous to
any inland lake, stream, river or pond.
Wetlands, regardless of size, which are not contiguous to any
inland lake, stream, river or pond, if the state department of environmental
quality determines the protection of the wetland is essential to the
preservation of the natural resources of the state from pollution,
impairment or destruction.
Wetlands, equal to or greater than one-quarter acre and equal to or less than two acres in size, which are not contiguous to any inland lake, stream, river or pond and are determined to be essential to the preservation of the natural resources of the Township as provided in § 22-156.
To dig, dredge, suck, pump, bulldoze, drag line, or blast.
To return from a disturbed or totally altered condition to
a previously existing natural or altered condition by some action
of man.
Any assembly of materials above or below the surface of the
land or water, including, but not limited to, buildings, bulkheads,
piers, docks, landings, dams, waterway obstructions, paving and roadways,
poles, towers, cables, pipelines, drainage tiles, and other underground
installations.
The legislative body of the Charter Township of Meridian,
Ingham County, Michigan.
A person professionally knowledgeable in wetland delineation
and resource value assessment, wetland protection, wetland restoration
and wetland mitigation, appointed pursuant to § 3.4 of the
Township personnel policy to carry out certain duties hereunder. Any
firm or individual appointed on a contract basis shall be selected
competitively under the Township purchasing policy.
The Meridian Township Wetland Inventory Map created to comply
with § 30308 (1), of the Natural Resources and Environmental
Protection Act (MCL § 324.30308). The Township wetland inventory
map is based on the National Wetland Inventory Map of the U.S. Fish
and Wildlife Service, the Michigan Resource Information System Mapping
(MIRIS) of the state department of natural resources, the soils maps
of the soil conservation service, aerial photography and on-site inspections.
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 commonly referred
to as a bog, swamp, or marsh.
Plants that exhibit adaptations to allow germination and
growth with at least their root systems in the water or saturated
soils under normal conditions.
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Cross reference: Definitions generally, § 1-2.
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[Code 1974, § 105-1; Ord. No. 2002-02, 3-19-2002]
(a)
The Township Board finds that wetlands are indispensable and fragile
natural resources that provide many public benefits, including maintenance
of water quality through nutrient cycling and sediment trapping as
well as flood and stormwater runoff control through temporary water
storage, slow release, and groundwater recharge. In addition, wetlands
provide open space; passive outdoor recreation opportunities; fish
and wildlife habitat for many forms of wildlife, including migratory
waterfowl, and rare, threatened or endangered wildlife and plant species;
and pollution treatment by serving as biological and chemical oxidation
basins.
(b)
Preservation of the remaining Township wetlands in a natural condition
shall be and is necessary to maintain hydrological, economic, recreational,
and aesthetic natural resource values for existing and future residents
of the Township, and, therefore, the Township Board declares a policy
of no net loss of wetlands. Furthermore, the Township Board declares
a long-term goal of net gain of wetlands to be accomplished through
review of degraded or destroyed wetlands in the Township and, through
cooperative work with landowners, using incentives and voluntary agreements
to restore wetlands.
(c)
Pursuant to Article 4, § 52 of the Constitution of the
State of Michigan, the conservation and development of natural resources
of the state is a matter of paramount public concern in the interest
of the health, safety, and general welfare of the people. Therefore,
with authority from § 30307(4) of the Natural Resources
and Environmental Protection Act (MCL § 324.30307 et seq.),
the Township Board finds that this article is essential to the long-term
health, safety, economic, and general welfare of the people of the
Township and to the furtherance of the policies set forth in Part
17 of the Natural Resources and Environmental Protection Act (MCL
§ 324.101 et seq.).
[Code 1974, § 105-2; Ord. No. 2002-07, 3-19-2002; Ord. No. 2011-04, 3-15-2011]
The purposes of this article are to provide for:
(1)
The protection, preservation, replacement, proper maintenance, restoration,
and use in accordance with the character, adaptability, and stability
of the Township's wetlands in order to prevent their pollution
or contamination; minimize their disturbance and disturbance to the
natural habitat therein; and prevent damage from erosion, siltation,
and flooding.
(2)
The encouragement of proper and reasonable economic use of wetlands,
the discouragement and limitation of improper use, the reduction of
financial burdens improper uses impose on the community, the maintenance
of harmonious and compatible land use balance within the Township,
and the prevention of nuisance conditions that arise with the indiscriminate
development of wetlands.
(3)
The coordination with, and support for, the enforcement of applicable
federal, state, and county statutes, ordinances, and regulations,
including, but not limited to:
a.
Part 303, Wetland Protection of the Natural Resources and Environmental
Protection Act (MCL § 324.30301 et seq.), enforced by the
State Department of Environmental Quality; and
b.
Part 91 of the Natural Resources and Environmental Protection Act
(MCL § 324.9101 et seq.), enforced by the Township.
(4)
Compliance with Part 17 of the Natural Resources and Environmental
Protection Act (MCL § 324.1701 et seq.), which imposes a
duty on government agencies and private individuals and organizations
to prevent or minimize the pollution, impairment or destruction of
the natural resources that is likely to be caused by their activities.
(5)
The establishment of standards and procedures for the review and
regulation of the use of wetlands.
(6)
The issuance of wetland use permits for approved activities.
(7)
A procedure for amending wetland use permits.
(8)
A procedure for appealing decisions.
(9)
The establishment of enforcement procedures and penalties for the
violation of this article.
(10)
Assurance that the right to reasonable use of private property is
maintained.
[Code 1974, § 105-19; Ord. No. 2002-07, 8-20-2002; Ord. No. 2011-04, 3-15-2011]
(a)
In the event of a violation of this article, the Township may commence
a civil action for appropriate relief, including injunctive relief.
An action under this article may be brought in the circuit court for
the county. The court has jurisdiction to restrain the violation and
to require compliance with this article. In addition to any other
relief granted under this article, the court may impose a civil fine
of not more than $10,000 per day of violation. A person who violates
an order of the court is subject to a civil fine not to exceed $10,000
for each day of violation.
(b)
A person who violates this article is guilty of a misdemeanor, punishable
by a fine of not more than $2,500.
(c)
A person who willfully or recklessly violates a condition or limitation
in a permit issued by the Township under this article, or a corporate
officer who has knowledge of or is responsible for a violation, is
guilty of a misdemeanor, punishable by a fine of not less than $2,500
nor more than $25,000 per day of violation, or by imprisonment for
not more than one year, or both. A person who violates this article
a second or subsequent time is guilty of a felony, punishable by a
fine of not more than $50,000 for each day of violation, or by imprisonment
for not more than two years, or both.
(d)
In addition to the penalties provided under subsections (a), (b), and (c) of this section, the court may order a person who violates this article to restore as nearly as possible the wetland that was affected by the violation to its original condition immediately before the violation. The restoration may include the removal of fill material deposited in the wetland or the replacement of soil, sand, or minerals.
(e)
Whenever any work is performed contrary to the provision of this
article or of a condition set forth in a wetland use permit, the Township
Manager or his agent shall order the work to cease by notice in writing
served on any persons engaged in the doing or causing such work to
be performed, and any such persons shall, upon receipt of the order,
forthwith stop such work until authorized by the Township Manager
or his agent to proceed. In addition, if a person acts in violation
of this article the Township may refuse a certificate of occupancy
or other construction permits related to the project whenever there
is failure to comply with the provisions of this article.
(f)
The Director of Community Planning and Development or his agent shall
have authority under this article to enter upon privately owned land
for the purpose of performing the Township's duties under this
article and may take or cause to be made such examinations, surveys
or samplings as are deemed necessary.
(g)
Law enforcement officials or other officials having the police power
shall have authority to assist the Department of Community Planning
and Development in the enforcement of this article.
(h)
In the event of a violation of this article, the Township Board shall
have the power to order wetland restoration for the damaged or destroyed
wetland area by the owner of the property affected or the person or
agent responsible for the violation. If the owner or person responsible
does not complete the restoration measures within the ordered period
of time, the Township Board may order the affected wetland restored
to its prior condition and/or create or restore other wetlands for
the purpose of offsetting losses sustained as a result of this violation.
The owner or other person responsible for the original violation shall
be responsible to the Township for the full cost of all such remedial
activity.
[Code 1974, § 105-9; Ord. No. 2002-07, 8-20-2002; Ord. No. 2011-04, 3-15-2011]
Building sites or lots, uses and structures lawfully existing
on September 2, 1991, shall be subject to the requirements of this
article, except as follows:
(1)
Any activity, structure, or use lawfully existing prior to September
2, 1991, but not in conformity with the provisions of this article,
may be continued, maintained and operated. No nonconforming activity,
structure or use shall be enlarged or increased or extended to occupy
a greater area of land than was occupied at the effective date of
Ordinance No. 2011-04, from which this article is derived without
first obtaining a wetland use permit.
(2)
Any structure lawfully existing prior to September 2, 1991, if destroyed
by any means to an extent of more than 50% of its replacement costs,
exclusive of the foundation, may be reconstructed only in conformity
with the provisions of this article. The estimated cost of reconstruction
shall be determined by the Township Chief Building Inspector. Persons
aggrieved by the determination of estimated replacement cost by the
Chief Building Inspector may appeal such determination to the Zoning
Board of Appeals.
[Code 1974, § 105-5, Ord. No. 2002-07, 8-20-2002; Ord. No. 2011-04, 3-15-2011]
The Township wetland inventory map is a guide to the location of wetlands in the Township. The map shall be used in the administration of this article and Chapter 86, Article V.
(1)
The Township wetland inventory map, together with all explanatory
matter thereon and attached thereto, as may be amended through the
wetland verification and delineation process, is hereby adopted by
reference and declared to be part of this article. The Township wetland
inventory map shall be on file in the Department of Community Planning
and Development.
(2)
The Township wetland inventory map shall serve as a general guide
for the location of protected wetlands.
(3)
The Township wetland inventory map does not create any legally enforceable
presumptions regarding whether property that is or is not included
on the inventory map is or is not in fact a wetland.
(4)
Map amendment process:
a.
Any change to the Township wetland inventory map, approved by the
Director of Community Planning and Development through verification
or delineation, shall be added to the Township wetland inventory map
on an annual basis.
b.
The Township shall ensure that each recorded owner of property on
the property tax roll shall be notified of any amendment to the Township
wetland inventory map on an annual basis. The notice shall include
the following information:
1.
The maps have been amended.
2.
The location to review the maps shall be indicated.
3.
The owner's property may be designated as a wetland on the inventory
map.
4.
The Township has an ordinance regulating wetlands.
5.
The inventory map does not necessarily include all of the wetlands
within the Township that may be subject to this article.
[Code 1974, § 105-6; Ord. No. 2002-07, 8-20-2002; Ord. No. 2011-04, 3-15-2011]
The Township wetland inventory map shall be validated through
the wetland delineation process or the wetland verification process.
The wetland delineation process shall be used to establish the actual
boundaries of wetlands by the Township environmental consultant. The
wetland verification process shall be used to verify the boundaries
of wetlands through the review by the Township environmental consultant
of a wetland delineation prepared by a qualified professional or wetland
consultant.
Prior to issuance of a building permit or land development approval,
the Director of Community Planning and Development shall determine
the necessity for establishing the boundary of wetlands based on the
proximity and relationship of the project to wetlands shown on the
Township wetland map.
(1)
Wetland delineation process.
a.
A property owner or an applicant with the property owner's written
permission shall submit a wetland delineation application and fee
authorized by the Township Board to the Department of Community Planning
and Development with the following material:
1.
A survey, site plan, or plot plan drawn to an appropriate scale.
The survey, site plan, or plot plan shall include the following:
i.
Property lines and dimensions.
ii.
North arrow and scale.
iii.
Existing topography contours depicted at two-foot intervals.
iv.
Adjacent and on-site roads; railroads; and streams, lakes, and
ponds.
v.
Footprints of existing buildings, parking lots, accessory structures,
and other structures.
vi.
Any notable man-made or natural features along the suspected
wetlands.
b.
The property boundaries shall be clearly flagged or staked prior
to the field investigation.
c.
Upon receiving a complete application, the Department of Community
Planning and Development shall transmit the request to the Township
environmental consultant for a field investigation. In the event that
weather conditions prohibit the Township environmental consultant
from conducting a thorough field investigation including the evaluation
of vegetation, soil, and hydrology, the application and fee will be
held until such time that the review can be conducted.
d.
Identification, flagging, or staking of the wetland boundaries in
the field shall be completed by the Township environmental consultant
during a field investigation. An arc-map compatible digital copy of
the delineated wetland boundary shall be provided to the Director
of Community Planning and Development.
e.
Wetland delineations completed by the Township environmental consultant
shall be valid for a period of three years from the date of the delineation
report.
f.
In delineating wetland boundaries, all delineations shall apply the
technical wetland delineation standards set forth in the U.S. Army
Corps of Engineers, January 1987 Wetland Delineation Manual, technical
report y-87-1, and appropriate regional U.S. Army Corps of Engineers
supplements.
g.
Wetlands under the jurisdiction of the department of environmental
quality may need to have the delineation reviewed and approved by
representatives of the state.
(2)
Wetland verification process.
a.
A property owner or an applicant with the property owner's written
permission shall submit a wetland verification application and fee
authorized by the Township Board to the Department of Community Planning
and Development with the following material:
1.
A survey, site plan, or plot plan that includes the following information:
i.
Property lines and dimensions.
ii.
North arrow and scale.
iii.
Existing topography contours depicted at two-foot intervals.
iv.
The boundary of all wetlands identified on the site.
v.
Adjacent and on-site roads; railroads; and streams, lakes, and
ponds.
vi.
Footprints of existing buildings, parking lots, accessory structures,
and other structures.
vii.
Surveyed points of reference.
viii.
Any notable man-made or natural features along the wetland boundaries.
2.
A wetland delineation report that is no more than three years old.
The report shall at a minimum include the following information:
i.
Dominant vegetation in the tree, sapling, shrub, and herb layers.
ii.
Presence of or lack of accepted wetland hydrology layers.
iii.
Analysis of soil including a description of the soil profile
to at least 20 inches.
iv.
Comparison of county soil survey to the wetland shown in a manner
that allows comparison to the Township wetland inventory map.
v.
A notation in the report whether potential off-site wetlands
(within 40 feet of the property line) can be observed from the subject
site.
b.
Upon receiving a complete application, the Department of Community
Planning and Development shall transmit the request to the Township
environmental consultant for a field investigation. In the event that
weather conditions prohibit the Township environmental consultant
from conducting a thorough field investigation including the evaluation
of vegetation, soil, and hydrology, the application and fee will be
held until such time that the review can be conducted.
[Code 1974, § 105-16; Ord. No. 2002-07, 8-20-2002; Ord. No. 2011-04, 3-15-2011]
The environmental commission created pursuant to Chapter 2, Article VI, Division 3, shall perform the following duties with regard to this article:
(1)
Advise the Township Board, Planning Commission, and Director of Community
Planning and Development, as necessary, on wetland use permits, appeals
of wetland use permits, and mitigation plans.
(2)
Serve in an advisory role in setting policy guidelines on wetland
issues in the Township.
(3)
Identify conflicts and propose solutions to resolve conflicts regarding
wetland protection by present Township ordinances, Township operating
procedures, and Township activities.
(4)
Identify and propose solutions to problems associated with wetland
management.
(5)
Provide recommendations to the Director of Community Planning and
Development on map administration.
(6)
Assist landowners who are interested in the voluntary protection
of wetlands.
(7)
Promote wetland education at all levels. Develop education programs
for the public and for Township schools. The program should promote
the values of wetlands and awareness of the hazards and threats to
wetlands. The program should be particularly targeted to landowners
with wetlands and emphasize how best to protect wetland values on
their property.
(8)
Coordinate a voluntary wetland stewardship program. Develop an adopt-a-wetland
program for interested citizens to participate more directly in preservation
of specific wetlands.
[1]
State law reference: Wetland permits, MCL 324.30306 et seq.
[Code 1974, § 105-8; Ord. No. 2002-07, 8-20-2002; Ord. No. 2011-04, 3-15-2011]
(a)
It shall be unlawful for any person to conduct any activity listed
below within a protected wetland without first obtaining a wetland
use permit in accordance with the requirements of this division. Activities
governed by this section include, but are not limited to, the following:
(1)
Depositing, permitting the placement of fill material or maintaining
fill material in a protected wetland.
(2)
Grading in a protected wetland.
(3)
Dredging, removing, or permitting the removal of soil or minerals
from a protected wetland.
(4)
Draining, or causing to be drained, any water into or from a
protected wetland.
(5)
Constructing, operating, or maintaining any use or development
in a protected wetland.
(6)
Diverting, obstructing or impeding the flow of water into a
protected wetland.
[Code 1974, § 105-7; Ord. No. 2002-07, 8-20-2002; Ord. No. 2011-04, 3-15-2011]
(a)
The following uses shall be allowed in a wetland without a permit
subject to other laws of this state and the owner's regulation:
(1)
Fishing, trapping or hunting.
(2)
Swimming or boating.
(3)
Hiking.
(4)
Grazing of animals.
(5)
Farming, horticulture, silviculture, lumbering, and ranching
activities, including plowing, irrigation, irrigation ditching, seeding,
cultivating, minor drainage, harvesting for the production of food,
fiber, and forest products, or upland soil and water conservation
practices. A wetland altered under this article shall not be used
for a purpose other than a purpose described in this subsection without
a permit from the Township.
(6)
An activity in a wetland that was effectively drained for farming
before October 1, 1980, and that on and after October 1, 1980, has
continued to be effectively drained as part of an ongoing farming
operation.
(7)
Maintenance or operation of serviceable structures in existence
on October 1, 1980, or constructed pursuant to part 303, of the Natural
Resources and Environmental Protection Act (MCL § 324.30301
et seq.).
(8)
Construction or maintenance of farm or stock ponds.
(9)
Maintenance, operation, or improvement which includes the straightening,
widening or deepening of the following which is necessary for the
production or harvesting of agricultural products:
a.
An existing private agricultural drain.
b.
That portion of a drain legally established pursuant to the
drain code of 1956 (MCL § 282.1 et seq.) which has been
constructed or improved for drainage purposes.
c.
A drain constructed pursuant to other provisions of part 303
of the Natural Resources and Wetland Protection Act (MCL § 324.30301
et seq.).
(10)
Construction or maintenance of farm roads, forest roads, or
temporary roads for moving mining or forestry equipment, if the roads
are constructed and maintained in a manner to ensure that adverse
effect on the wetland will be otherwise minimized.
(11)
Drainage necessary for the production and harvesting of agricultural
products if the wetland is owned by a person who is engaged in commercial
farming and the land is to be used for the production and harvesting
of agricultural products. Except as otherwise provided in part 303
of the Natural Resources and Environmental Protection Act (MCL § 324.30301
et seq.), a wetland improved under this subsection after October 1,
1980, shall not be used for nonfarming purposes without a permit from
the state department of environmental quality. This subsection shall
not apply to a wetland which is contiguous to a lake or stream, or
to a tributary of a lake or stream, or to a wetland which the state
department of environmental quality has determined by clear and convincing
evidence to be a wetland which is necessary to be preserved for the
public interest, in which case a permit shall be required.
(12)
Maintenance or improvement of public streets, highways or roads,
within the right-of-way and in such a manner as to ensure that any
adverse effect on the wetland will be otherwise minimized. Maintenance
or improvement does not include adding extra lanes; or deviating from
the existing location of the street, highway, or road.
(13)
Maintenance, repair, or operation of gas or oil pipelines and
construction of gas or oil pipelines having a diameter of six inches
or less, if the pipelines are constructed, maintained, or repaired
in a manner to ensure that any adverse effect on the wetland will
be otherwise minimized.
(14)
Maintenance, repair, or operation of electric transmission and
distribution power lines and construction of distribution power lines,
if the distribution power lines are constructed, maintained, or repaired
in a manner to ensure that any adverse effect on the wetland will
be otherwise minimized.
(15)
Operation or maintenance, including reconstruction of recently
damaged parts, of serviceable dikes and levees in existence on October
1, 1980, or constructed pursuant to part 303 of the Natural Resources
and Environmental Protection Act (MCL § 324.30301 et seq.).
(16)
Construction of iron and copper mining tailings basins and water
storage areas.
(17)
A wetland that is incidentally created as a result of one or
more of the following activities:
a.
Excavation for mineral or sand mining, if the area was not a
wetland before excavation. This exemption does not include a wetland
on or adjacent to a water body of one acre or more in size.
b.
Construction and operation of a water treatment pond or lagoon
in compliance with the requirements of state or federal water pollution
control regulations.
c.
A diked area associated with a landfill if the landfill complies
with the terms of the landfill construction permit and if the diked
area was not a wetland before diking.
(18)
Cranberry beds.
a.
The construction of cranberry beds, including associated dikes
and water control structures associated with dikes, such as headgates,
weirs, and drop inlet structures shall be considered a water-dependent
activity.
b.
The following activities associated with cranberry operations
are not considered to be water dependent:
c.
The demonstration by an applicant that there is no feasible
and prudent alternative to the construction of cranberry beds, including
dikes, is not subject to either of the following presumptions:
[Ord. No. 2002-07, 8-20-2002]
Whenever persons requesting a wetland use permit are also subject
to state and/or federal permit requirements, the following shall apply:
(1)
The Township shall have jurisdiction for the regulation of wetlands
under this article concurrent with the jurisdiction of the state department
of environmental quality.
(2)
Approvals under this division shall not relieve a person of the need
to obtain a permit from the state department of environmental quality
and/or the U.S. Army Corps of Engineers, if required.
(3)
Issuance of a permit by the state department of environmental quality
and/or the U.S. Army Corps of Engineers shall not relieve a person
of the need to obtain approval under this division, if applicable.
[Code 1974, § 105-10; Ord. No. 2002-07, 8-20-2002; Ord. No. 2011-04, 3-15-2011]
(a)
Application for approval, appeal, and issuance of wetland use permits
shall be concurrent with the application for approval, appeal, and
issuance of other necessary Township approvals. The applicant for
a wetland use permit shall submit the following to the Director of
Community Planning and Development.
(1)
An application completed in full, on a form supplied by the
state department of environmental quality and made available by the
Township with such other information as required by the Director of
Community Planning and Development.
(2)
Wetland delineation documentation prepared by the Township environmental consultant pursuant to § 22-122(1) or wetland delineation documentation prepared by a qualified wetland professional or wetland consultant in accordance with the requirements listed in § 22-122(2), including verification by the Township environmental consultant.
(3)
Soil erosion and stormwater management plans with runoff calculations.
The plans shall be prepared and sealed by a professional engineer
licensed by the State of Michigan.
(4)
A mitigation plan, which complies with all federal, state and
local laws, if the proposed activity will result in the loss of wetland
resources.
(b)
The applicant may elect to have the application processed under the
following procedure:
(1)
The wetland application shall be reviewed immediately, either
prior to or concurrent with the review of the proposed land use review,
with the understanding that the land use review may not be completed
at the time a decision is rendered on the wetland application. Election
of this alternative may require a reopening of the wetland application
if the land use approval is inconsistent with the wetland approval.
[Code 1974, § 105-11; Ord. No. 2002-07, 8-20-2002; Ord. No. 2003-11, 7-6-2003; Ord.
No. 2006-04, 9-25-2006; Ord. No. 2011-04, 3-15-2011]
(a)
The Director of Community Planning and Development shall ensure that
all required information including a wetland delineation and payment
of a fee has been submitted. If an application is not complete, it
shall not be processed until the applicant provides all of the required
information to the Department of Community Planning and Development.
The receipt of a complete application shall constitute permission
from the owner to conduct an on-site investigation.
(b)
Upon receipt of a complete application, the Director of Community
Planning and Development shall:
(c)
The Township environmental consultant shall prepare and transmit a report and recommendation to the Director of Community Planning and Development documenting the review required by subsection (b)(3) of this section.
(d)
The following process shall apply to wetland use permit decisions
by the Director of Community Planning and Development:
(1)
For wetland use permit applications submitted in conjunction
with activities that do not require approval by the Planning Commission
and/or Township Board, the Director of Community Planning and Development
shall approve, approve with conditions or deny the application within
90 days after receipt of a complete application.
(2)
The Director of Community Planning and Development shall transmit
application materials and the report and recommendation prepared by
the Township environmental consultant to the environmental commission.
The environmental commission may review the materials and transmit
comments for consideration to the Director of Community Planning and
Development.
(3)
The applicant shall post a notice of the wetland use permit
application on a form provided by the Township, on the subject property
within five days of submittal of a complete application.
(4)
Persons wishing to comment on the application must submit their
comments in writing to the Director of Community Planning and Development
prior to the date and time set in the notice. Persons wishing to receive
notice of the Director of Community Planning and Development's
decision must submit a written request to the Director of Community
Planning and Development.
(5)
The Director of Community Planning and Development's decision
shall be made only after reviewing the report and recommendation from
the Township environmental consultant, written public comments, and
any comments submitted by the environmental commission.
(6)
When a wetland use permit is approved, approved with conditions,
or denied by the Director of Community Planning and Development, written
notice shall be sent to the applicant and to all persons who have
requested notice of the Director of Community Planning and Development's
decision. The denial of a permit shall be accompanied by a written
reason of denial.
(e)
The following process shall apply to appeals of decisions made by
the Director of Community Planning and Development or Planning Commission:
(1)
Any interested person may appeal a decision by the Director
of Community Planning and Development or Planning Commission, as applicable,
to approve, approve with conditions, or deny a wetland use permit
to the Township Board by filing a written statement containing the
specific reasons for the appeal and setting forth the facts establishing
status as an interested person. This written statement must be filed
with the Township Clerk within 10 calendar days following the date
of decision. The timely filing of a statement satisfying the requirements
of this provision shall have the effect of staying the permit pending
the Township Board's decision on appeal.
(2)
The Township Board shall determine whether an individual pursuing
an appeal is an interested person as defined by this article before
addressing the merits of that appeal.
(3)
The Township Board shall hold a hearing on the appeal, which
shall be open to public comment, and shall include opportunity for
the appealing party to present their appeal.
(4)
Notice of the time and place for consideration of an appeal
shall be placed in a newspaper of general circulation in the Township
not less than five days prior to the date of the hearing. A notice
shall also be sent by mail or personal delivery to the owners of the
property considered in the appeal and to all owners listed on the
most recent tax roll of real property within 500 feet of the boundary
of the property in question. Such notice shall be sent not less than
five days prior to the hearing.
(5)
The Township Board shall affirm, affirm with conditions, or
reverse the decision of the Planning Commission or Director of Community
Planning and Development. The board's decision shall be based
on written findings.
(f)
The following process shall apply to wetland use permit decisions
by the Township Board and Planning Commission:
(1)
Wetland use permit applications submitted in conjunction with
a related land development activity shall be decided by the same entity
that decides the related land development activity consistent with
part 303 of the Natural Resources and Environmental Protection Act
(MCL § 324.30301 et seq.). The Director of Community Planning
and Development shall transmit application materials and the report
and recommendation prepared by the Township environmental consultant
to the Township Board, Planning Commission, and the environmental
commission. The environmental commission may review the materials
and provide comments for consideration by the Township Board or Planning
Commission, as applicable.
(2)
After review and study of the application materials, the Township
environmental consultant's report and recommendation, and comments
from the environmental commission, the Township Board or Planning
Commission, as applicable, shall hold one public hearing after publication
in a newspaper of general circulation in the Township not less than
15 days prior to the date of the hearing. Such notice shall indicate
the place, time and subject of the hearing and the place and time
the proposed wetland use permit may be examined. The wetland use permit
hearing may be held in conjunction with a review of the related land
use request.
(3)
The notice shall be sent by mail or personal delivery to the
owners of property for which approval is being considered and to all
owners of property, as listed on the most recent tax roll, within
500 feet of the boundary of the property in question. Notification
need not be given to more than one occupant of a structure, except
that if a structure contains more than one dwelling unit or spatial
area owned or leased by different persons, one occupant of each unit
shall receive notice. In the case of a single structure containing
more than four dwelling units, notice may be given to the manager
or owner of the structure, who shall be requested to post the notice
at the primary entrance to the structure. A notice containing the
time, date, place and purpose of the hearing shall be posted by the
applicant on a form provided by the Township, on the subject property
at least 15 days prior to the hearing.
(4)
After completing the review and holding one public hearing,
if so required, the Township Board or Planning Commission shall approve,
approve with conditions or deny the application within 90 days after
receipt of an application, in accordance with this division.
(5)
Written notice shall be sent to the applicant upon approval,
approval with conditions or denial of a wetland use permit by the
Township Board or Planning Commission. The denial of a permit shall
be accompanied by a written reason for denial.
[Code 1974, § 105-12; Ord. No. 2002-07, 8-20-2002; Ord. No. 2011-04, 3-15-2011]
(a)
Where an applicant proposes to perform a regulated activity in a
protected wetland less than two acres in size, the Director of Community
Planning and Development shall be so advised in writing. The Director
of Community Planning and Development shall forward the location and
other information concerning the wetland to the Township environmental
consultant, who shall issue a preliminary finding as to whether one
or more of the following criteria are likely to apply to the wetland:
(1)
The wetland supports state or federal endangered or threatened
plants, fish, or wildlife appearing on a list specified in part 365
of the Natural Resources and Environmental Protection Act (MCL § 324.36501
et seq.).
(2)
The wetland represents what is identified as a locally rare
or unique ecosystem.
(3)
The wetland supports plants or animals of an identified local
importance.
(4)
The wetland provides groundwater recharge documented by a public
agency.
(5)
The wetland provides flood and storm control by the hydrologic
absorption and storage capacity of the wetland.
(6)
The wetland provides wildlife habitat by providing breeding,
nesting, or feeding grounds or cover for forms of wildlife or waterfowl,
including migratory waterfowl and rare, threatened, or endangered
wildlife species.
(7)
The wetland provides protection of subsurface water resources
and provision of valuable watersheds and recharging groundwater supplies.
(8)
The wetland provides pollution treatment by serving as a biological
and chemical oxidation basin.
(9)
The wetland provides erosion control by serving as a sedimentation
area and filtering basin, absorbing silt and organic matter.
(10)
The wetland provides sources of nutrients in water food cycles
and nursery grounds and sanctuaries for fish.
(b)
The Township environmental consultant's report shall be forwarded to the Township Board, which shall determine whether a wetland use permit application meeting the requirements of § 22-154 shall be required, based on a finding that the wetland is essential to the preservation of the natural resources of the Township. Such determination shall be based on a finding that one or more of the criteria set forth in subsection (a) of this section are met.
(c)
If the Township Board determines that the wetland is not essential
to the preservation of the natural resources of the Township, the
Township Board's decision shall be so noted on the Township wetland
inventory map at the time it is amended. The requested activity shall
be approved subject to all other applicable laws and regulations.
(d)
When a wetland under two acres in size has been determined to be essential to the natural resources of the Township and the Township has found that one or more of the criteria set forth in subsection (a) of this section exist at the site, the Township shall notify the applicant in writing, stating the reasons for determining the wetland to be essential to the preservation of the natural resources.
[Code 1974, § 105-13; Ord. No. 2002-07, 8-20-2002; Ord. No. 2011-04, 3-15-2011]
The criteria to evaluate wetland use permits under this division
and to determine whether a permit is granted are as follows:
(1)
A permit for any activity listed in § 22-151 shall not be approved unless the proposed activity is in the public interest, the permit is necessary to realize the benefits derived from the activity, and the proposed activity is otherwise lawful in all respects. Public input shall be evaluated in approving, approving with conditions, or denying the application. The reasonable use of the property involved in accordance with applicable local ordinances and state law shall also be considered.
(2)
In determining whether the proposed activity is in the public interest,
the benefit which reasonably may be expected to accrue from the proposed
activity shall be balanced against the reasonably foreseeable detriments
of the activity. The decision shall reflect the national, state, and
local concern for the protection of natural resources from pollution,
impairment, and destruction. The following general criteria shall
be considered:
a.
The relative extent of the public and private need for the proposed
activity.
b.
The availability of feasible and prudent alternative locations and
methods to accomplish the expected benefits from the activity.
c.
The extent and permanence of the beneficial or detrimental effects
which the proposed activity may have on the public and private uses
to which the area is suited, including the benefits the wetlands provide.
d.
The probable impact of each proposal in relation to the cumulative
effect created by other existing and anticipated activities in the
watershed.
e.
The probable impact on recognized historic, cultural, scenic, ecological,
or recreational values and on the public health or safety, or fish
or wildlife.
f.
Economic value, both public and private, of the proposed land change
to the general Township area.
g.
The size and quality of the wetland being considered.
h.
The findings of necessity for the proposed activity which have been
made by other agencies.
i.
Amount of wetland remaining in the general area and proximity to
a waterway.
j.
Proximity to any water body.
k.
Extent to which upland soil erosion adjacent to the protected wetland
is controlled.
(3)
A wetland use permit shall not be issued unless it is shown that an unacceptable disruption will not result to the aquatic resources. In determining whether a disruption to the aquatic resources is unacceptable, the benefits outlined in § 22-117 and the criteria set forth in subsection (2) of this section shall be considered. A permit shall not be issued unless the applicant also shows either of the following:
(4)
Failure to submit a complete application may be reason for denial
of a wetland use permit.
(5)
While determining the expected benefits of a proposed wetland use
permit and its alternatives, an area not presently owned by the applicant
which could reasonably be obtained, utilized, expanded, or managed
in order to fulfill the basic purpose of the proposed activity may
be considered as a feasible and prudent alternative for permitted
activities.
(6)
An alternative that entails higher costs, as described in R281.922a(11)
of the Michigan Administrative Code is not feasible and prudent if
those higher costs are unreasonable. In determining whether such costs
are unreasonable, the Director of Community Planning and Development,
Planning Commission, or Township Board whichever is applicable shall
consider both of the following:
(7)
Following approval of the application, a wetland use permit shall
be issued upon determination that all other requirements of the ordinance
and law have been met, including site plan, plat or land use approval,
as applicable, and including issuance of a permit by the state department
of environmental quality if required under MCL § 324.30301
et seq. In cases where a state department of environmental quality
permit allows activities not permitted by the wetland use permit approval
granted under this section, the restrictions of the approval granted
under this section shall govern.
[Code 1974, § 105-14; Ord. No. 2002-07, 8-20-2002; Ord. No. 2011-04, 3-15-2011]
To ensure no net loss of wetlands in the Township, mitigation
shall be required in instances where there are losses of wetland resources.
The Township environmental consultant shall review an applicant's
mitigation plan and transmit a recommendation to the Director of Community
Planning and Development. The Director of Community Planning and Development,
Planning Commission, or Township Board, as applicable shall review
the applicant's mitigation plan and consider the Township environmental
consultant's recommendation as part of the wetland use permit
review process. A mitigation plan, if required, shall be approved
as part of the wetland use permit decision. Mitigation shall not be
considered a substitute for making all prudent attempts to avoid wetland
impacts.
(1)
Prior to considering a proposal for wetland mitigation, it must be
shown that it is practical to replace the wetland resource values
which will be impacted, including flood prevention, wildlife habitat,
groundwater resource protection and recharge, pollution treatment,
erosion control, nutrient sources, aesthetics, recreation, open space
and any other values identified.
(2)
If determined by the Township environmental consultant that the requirements of subsection (1) of this section are met, the following criteria shall be considered when reviewing an applicant's mitigation proposal:
a.
Mitigation shall be provided on site where practical and beneficial
to the wetland resources. If on-site mitigation is not practical and
beneficial, then mitigation in the immediate vicinity, within the
same watershed of the permitted activity may be considered. Only if
all of these options are impractical shall mitigation be considered
elsewhere.
b.
Any proposal shall ensure that there will be no net loss to the wetland
resource values.
c.
The mitigation plan must comply with all applicable federal, state,
and local laws.
d.
A plan to monitor preserved and replacement wetlands.
(3)
Wetland mitigation and monitoring plans shall become conditions to
the wetland use permit and shall be the responsibility of the applicant
or its successors.
(4)
Financial assurances that mitigation is accomplished as specified
by the permit condition may be required by the Director of Community
Planning and Development, Planning Commission, or Township Board,
as applicable.
(5)
Any mitigation activity shall be completed before initiation of other
permitted activities, unless a phased concurrent schedule can be agreed
upon between the Director of Community Planning and Development, Planning
Commission, or Township Board, as applicable, and the applicant.
[Code 1974, § 105-15; Ord. No. 2002-07, 8-20-2002; Ord. No. 2011-04, 3-15-2011]
(a)
The Director of Community Planning and Development, Planning Commission,
or Township Board, as applicable, shall attach any reasonable conditions
considered necessary to ensure that the intent of this article will
be fulfilled, to minimize or mitigate damage or impairment to, encroachment
in, or interference with natural resources and processes within the
protected wetland, or to otherwise improve or maintain the water quality.
(b)
The Director of Community Planning and Development, Planning Commission,
or Township Board shall fix a reasonable time for the undertaking
and completion of all activities and structures, as applicable.
(c)
Following the approval of the wetland use permit application, a permit
shall be issued upon determination that all other requirements of
the ordinance and law have been met, including site plan, plat or
land use approvals, as applicable, and including issuance of required
permits by the county or the state department of environmental quality
under part 303 of the Natural Resources and Environmental Protection
Act (MCL § 324.30301 et seq.).
(d)
The Director of Community Planning and Development, Planning Commission,
or Township Board, as applicable, upon issuance of a wetland use permit,
may require the applicant to file with the Township Treasurer cash,
certified check, or an irrevocable bank letter of credit in an amount
the Director of Community Planning and Development, Planning Commission
or Township Board, as applicable, determines is necessary to ensure
compliance with the wetland use permit approval conditions and this
article.
(e)
At no time shall the Director of Community Planning and Development,
Planning Commission, or Township Board, as applicable, issue a wetland
use permit that allows a more extensive alteration of the wetland
than permitted by state or federal law.
(f)
Wetland use permits for seasonal operations need not be renewed annually
unless otherwise stated in the permit.
(g)
Any change that increases the size or scope of the operation and
that affects the criteria considered in approving the permit, as determined
by the Director of Community Planning and Development, Planning Commission,
or Township Board, as applicable, shall require the filing of a new
wetland use permit application.
(h)
Any temporary, seasonal, or permanent operation that is discontinued
for two years or two seasons shall be presumed to have been abandoned
and the wetland use permit automatically voided.
(i)
Any permit granted under this division may be revoked or suspended
by the Township Board, after notice and an opportunity for a hearing,
for any of the following causes:
(j)
An applicant who has received a wetland use permit under this division
shall comply with the following in connection with any construction
or other activity on the property for which the wetland use permit
has been issued:
(1)
Maintain all soil erosion control structures and measures, including,
but not limited to, silt fences, straw bale berms, and sediment traps.
The permittee shall provide for periodic inspections throughout the
duration of the project.
(2)
Maintain clear delineation of the protected wetlands, so marked
by the Township environmental consultant during the on-site inspection,
so that such locations are visible to all construction workers.
(3)
Post on the site, prior to commencement of work on the site
and continuing throughout the duration of the project, a copy of the
approved wetland use permit containing the conditions of issuance,
in a conspicuous manner such that the wording of such permit is available
for public inspection.
(4)
Provide to the Township written notice of commencement prior
to work beginning on the site.
(k)
The wetland use permit shall remain effective for a time period coincidental
with any other land use permit reviewed and approved concurrent with
the wetland use permit. If applied for prior to the expiration date
and concurrent with the expiring land use permit, the applicant may
be granted an extension that corresponds to additional time granted
for the underlying land use permit. Extensions shall be approved by
the same person or body that made the original decision. The maximum
number of extensions shall coincide with the maximum number allowed
for the underlying land use permit.
(l)
Where there is no other activity or permit involved, the wetland
use permit shall remain effective for two years. One extension may
be granted for a period not to exceed 12 months from the expiration
date of the wetland use permit if requested in writing prior to the
expiration date. An extension shall be reviewed and approved or denied
in writing by the same person or body that made the original decision.
[Code 1974, § 105-17; Ord. No. 2002-07, 8-20-2002; Ord. No. 2011-04, 3-15-2011]
(a)
Any applicant who has been granted a wetland use permit may apply
for an amendment in writing to the Director of Community Planning
and Development.
(b)
Amendments to an approved wetland use permit shall be granted by
the same entity that decided the original wetland use permit in accordance
with the procedures and criteria set forth in this section.
(1)
Application. An application for an amended wetland use permit
shall be submitted to the Director of Community Planning and Development
prior to the expiration date of the existing wetland use permit.
(2)
Public hearing. The application for an amended wetland use permit
shall be subject to the same notices and hearings and all other procedures
required for the initial application.
(3)
Decision. Prior to deciding the application, the Township Board,
Planning Commission, or Director of Community Planning and Development
shall refer the application to the Township environmental consultant
for a recommendation and to the environmental commission for comments.
[Code 1974, § 105-18; Ord. No. 2002-07, 8-20-2002; Ord. No. 2011-04, 3-15-2011]
The owner of any property for which a wetland use permit was
applied for under this division and was denied, upon appeal, by the
Township Board, may request a revaluation of the affected property
by the Township Board of review for assessment purposes to determine
its fair market value under the use restriction. A landowner who is
aggrieved by a determination, action, or inaction under this article
may protest and appeal that determination, action or inaction pursuant
to the General Property Tax Act (MCL § 211.1 et seq.).
