[Ord. No. 2010-01, 3-23-2010]
The following definitions shall apply in the interpretation
and enforcement of this article:
The increased removal of the land surface that occurs as
a result of human activities.
The Natural Resources and Environmental Protection Act (1994
PA No. 451 as amended).
The Meridian Charter Township Department of Public Works
and Engineering or its authorized representative.
A human made change in the natural cover or topography of
land, including cut and fill activities, which may result in or contribute
to accelerated soil erosion or sedimentation of the waters of the
state. This includes, but is not limited to, site grading, grading
for wells, septic fields, driveways, foundations, backfill, and final
grade changes and stockpiling of material. Earth change does not include
the practice of plowing and tilling soil for the purpose of crop production.
Any act by which soil or rock is cut into, dug, uncovered,
removed, displaced, or relocated, and the conditions resulting therefrom.
A signed, written statement by the department that the permitted
earth disturbance has been inspected and found to comply with all
soil erosion and sedimentation control plans, specifications, and/or
supplementary requirements.
A statement by the permittee that the permitted site has
been permanently stabilized and can be inspected for final completion.
That area which would be inundated by a flood having a 1%
chance of being equaled or exceeded in any given year.
Any stripping, excavating, filling, stockpiling, or any combination
thereof, and also included shall be the land in its excavated or filled
condition.
A project that results in less than 500 square feet of disturbance
area and located more than 100 feet from the waters of the state.
A written statement by the department that indicates specific
deficiencies of on-site soil erosion and sedimentation control measures,
either temporary or permanent, which are required to control soil
erosion and sedimentation.
A written statement by the department that indicates specific
failures and/or deficiencies of on-site soil erosion and sedimentation
control measures, either temporary or permanent, which are required
to control soil erosion and sedimentation and identifies the permittee
as being in violation of the conditions of the issued permit, the
approved soil erosion and sedimentation plan, Part 91, or this article.
Part 91, Soil Erosion and Sedimentation Control, of the Act.
Control measures which are installed or constructed to control
soil erosion and sedimentation and which are maintained after project
completion.
The land owner of the land involved in the earth change activity
for which a soil erosion and sedimentation control permit is required
and to whom a valid permit has been issued.
A natural person, firm, corporation, partnership, association,
limited liability company, or similar entity or governmental or quasi-governmental
entity subject to the jurisdiction of the Township and this article.
Mineral or organic particulate matter that has been removed
from its site of origin by the process of soil erosion, is in suspension
in water, is being transported, or has been deposited in a new location.
The process by which the ground surface is worn away by action
of wind, water, gravity, or a combination thereof.
A permit to authorize work to be performed under this article.
A written statement by the department indicating that all
construction and/or earth change activities, except those specifically
identified by said department, shall be suspended until otherwise
indicated.
Any activity which removes or significantly disturbs the
vegetative surface cover, including clearing and grubbing operations.
Interim control measures which are installed or constructed
to control soil erosion and sedimentation and which are not maintained
after project completion.
The Charter Township of Meridian, Ingham County, Michigan,
and/or its duly authorized agent or designee.
The Great Lakes and their connecting waters, inland lakes
and streams as defined in the rules promulgated under Part 91, and
wetlands regulated under Part 303 of the Act.
[Ord. No. 2010-01, 3-23-2010]
The purpose of this article is to prevent soil erosion and off-site
sedimentation from occurring as a result of earth change activities
within the Township by requiring proper provisions for water disposal
and the protection of soil surfaces during and after construction
in order to promote the safety, public health, convenience, and general
welfare of the community; and to protect the waters of the state from
sedimentation under Part 91 of the Soil Erosion and Sedimentation
Control, Natural Resources and Environmental Protection Act, Act 451
of Public Acts of 1994, MCL § 324.9101 et seq. (as amended).
[Ord. No. 2010-01, 3-23-2010]
No site plan or preliminary plat shall be approved under the
terms and conditions of the Meridian Charter Township Zoning Ordinance
and Subdivision Control Ordinance unless the site plan or preliminary
site plan includes soil erosion and sediment control measures consistent
with the requirements of this article and related land development
regulations.
[Ord. No. 2010-01, 3-23-2010]
(a)
No permanent certificate of occupancy for any building shall be issued
unless the applicant for said certificate shall have obtained a final
completion notice indicating compliance with all plans and specifications
and completion of all required permanent soil erosion and sedimentation
control measures.
(b)
A temporary certificate of occupancy may be issued, in the discretion
of the department, prior to issuance of a certificate of completion
if the permittee has achieved substantial completion. "Substantial
completion" shall mean satisfactory completion of all aspects of the
work except growth of vegetative materials necessary for soil stabilization
and minor structural appurtenances. A temporary certificate of occupancy
shall be conditioned upon a listing of items and procedures to be
completed, a schedule of completion, and the furnishing of adequate
financial guarantees to insure completion of all such items.
[Ord. No. 2010-01, 3-23-2010]
(a)
Permit requirement. Except as expressly exempted by this article
or Part 91 of the Act or the rules promulgated thereunder, no person
shall perform or cause to be performed any earth change, unless a
valid soil erosion and sedimentation control permit has been issued
by the department for said work. The undertaking of any earth change
activity under the authority of any authorized public agency pursuant
to Part 91 shall be exempt from this article. This exception shall
not be construed to eliminate requirements that permits be obtained
from other agencies.
(b)
Permit application. A separate application shall be required for
each permit. Soil erosion and sedimentation control plans, specifications,
and work schedules shall be submitted with each application for a
permit.
(c)
Activities exempt from permit requirements.
(1)
Subject to subsection (2), a person engaged in the logging industry, the mining industry, or the plowing or tilling of land for the purpose of crop production or the harvesting of crops is not required to obtain a permit under this part. However, all earth changes associated with the activities listed shall conform to the same standards as if they required a permit under this part. The exemption from obtaining a permit under this subsection does not include any of the following:
(2)
This article does not apply to a metallic mineral mining activity
that is regulated under a mining and reclamation plan that contains
soil erosion and sedimentation control provisions and that is approved
by the Michigan Department of Natural Resources and Environment (MDNRE)
under Part 631 of the Act.
(3)
A person is not required to obtain a permit from a county enforcing
agency or a municipal enforcing agency for earth changes associated
with well locations, surface facilities, flowlines, or access roads
relating to oil or gas exploration and development activities regulated
under Part 615 of the Act, if the application for a permit to drill
and operate under Part 615 contains a soil erosion and sedimentation
control plan that is approved by the MDNRE under Part 615. However,
those earth changes shall conform to the same standards as required
for a permit under Part 91. This subsection does not apply to a multi-source
commercial hazardous waste disposal well as defined in § 62506a
of the Act.
(4)
An earth change of a minor nature that is stabilized within
24 hours of the initial earth disturbance and that will not contribute
sediment to lakes or streams.
(5)
Normal road and driveway maintenance such as grading or leveling
that does not increase the width or length of the road or driveway
and that will not contribute sediment to lakes or streams.
(6)
Residential or earth change activities. A residential property
owner who causes the following activities to be conducted on individual
residential property owned and occupied by such owner is not required
to obtain a permit under this article if the earth change activities
do not result in or contribute to soil erosion or sedimentation of
the waters of the State of Michigan or a discharge of sediment offsite:
a.
An earth change of a minor nature that is stabilized within
24 hours of the initial earth disturbance.
b.
Gardening, if the natural elevation of the area is not raised.
"Gardening" means activities necessary to the growing of plants for
personal use, consumption or enjoyment.
c.
Postholes for fencing, decks, utility posts, mailboxes, or similar
applications, if no additional grading or earth change occurs for
use of the posthole.
d.
Removal of tree stumps, shrub stumps, or roots resulting in
an earth change not to exceed 100 square feet.
e.
All of the following activities, if soil erosion and sedimentation
controls are implemented, the earth change is stabilized within 24
hours of the initial earth disturbance, and soil erosion or sedimentation
to adjacent properties or the waters of the state has not or will
not reasonably occur:
i.
Planting of trees, shrubs or similar plants;
ii.
Seeding or reseeding of lawns of less than one acre if the seeded
area is at least 100 feet from the waters of the state;
iii.
Seeding or reseeding of lawns closer than 100 feet to the waters
of the state if the area to be seeded or reseeded does not exceed
100 square feet;
iv.
Temporary stockpiling of soil, sand or gravel not greater than
a total of 10 cubic yards on the property, if the stockpiling occurs
at least 100 feet from the waters of the state.
(7)
Exemptions provided in this section, Part 91, and the rules
promulgated thereunder shall not be construed as exemptions from enforcement
procedures under this article, Part 91 or said rules if the exempted
activities cause or result in a violation of this article, Part 91
or the rules.
(d)
Application data required. The soil erosion and sedimentation plans
and specifications accompanying the permit application shall contain
the following data:
(1)
A site location sketch at the scale of not greater than one
inch to 200 feet, indicating the site location and proximity of any
proposed earth change to lakes or streams.
(2)
A boundary line survey of the site on which the work is to be
performed.
(3)
Name, address, and telephone number of the landowner, contractor,
authorized agent, and the on-site contact, as applicable.
(4)
A schedule indicating the anticipated starting and completion
dates of the development's construction sequence and the time
of exposure of each area prior to the installation of permanent soil
erosion sedimentation control measures.
(5)
A statement of the quantity of excavation and fill involved.
(6)
The estimated total cost of the required temporary and permanent
soil erosion and sedimentation control measures.
(7)
A plan of the site at a scale not greater than one inch to 100
feet showing:
a.
Legal description of property;
b.
Physical limits of each proposed earth change;
c.
Existing topography at a maximum of two-foot contour intervals;
d.
Proposed final topography at a maximum of two-foot contour intervals;
e.
Location of any structure or natural feature on the site;
f.
Location of any structure or natural feature on the land adjacent
to the site and within 50 feet of the site boundary lines;
g.
Location of any proposed additional structures or development
on the site;
h.
Elevations, dimensions, location, extent, and the slope of all
proposed grading (including building and driveway grades);
i.
Plans of all drainage provisions and dewatering facilities to
be constructed in connection with, or as a part of, the proposed work
together with a map showing the drainage area of land tributary to
the site and estimated runoff of the area served by any streams;
j.
The location and description for installing and removing all
proposed temporary soil erosion and sedimentation control measures;
k.
A description and location of all proposed permanent soil erosion
and sedimentation control measures;
l.
Existing soil types based on the Unified Soil Classification
System or Natural Resources Conservation Service soil classification;
m.
A program proposal for the continued maintenance of all permanent
soil erosion and sedimentation control measures that remain after
project completion, including the designation of the person responsible
for the maintenance. Maintenance responsibilities shall become a part
of any sales or exchange agreement for the land on which the permanent
soil erosion control measures arc located;
n.
Other information or data as may be required by the department,
such as a soil investigation report which shall include, but not be
limited to, data regarding the nature, distribution and supporting
ability of existing soils and/or rock on the site.
(8)
The department may grant a permit waiver for projects involving
earth disturbance of less than 225 square feet if the earth change
will not contribute sediment to lakes or streams.
(e)
Fees. At the time of filing an application for a permit, fees shall
be paid to the Township in accordance with the fee schedule adopted
and as may be amended from time to time by resolution of the Meridian
Charter Township Board of Trustees.
[Ord. No. 2010-01, 3-23-2010]
A permit shall not be issued unless the permittee shall first
post with the Township a bond executed by the landowner and a corporate
surety with authority to do business in the State of Michigan as a
surety or other security as may be required by this section.
The bond shall be in a form approved by the Township, payable
to the Township and in the amount of the estimated total cost of all
temporary and permanent soil erosion and sedimentation control measures,
and an amount sufficient to assure installation and completion of
corrective measures. The total cost shall be estimated by the applicant
and reviewed by the department. The bond shall include provisions
for failure to complete the work on schedule as specified on the permit.
In lieu of a surety bond, the applicant may file with the Township
an irrevocable letter of credit in a form approved by the Township's
attorney or cash deposit in the amount equal to that which would be
required for the surety bond.
Every bond and instrument of credit shall include and every
cash deposit shall be made conditioned upon the permittee's compliance
with all of the provisions of this article and all of the terms and
conditions of the permit, and completion of all work contemplated
under the permit within the time limit specified in the permit or
temporary certificate of occupancy, or, if no time limit is specified,
within 180 days after the date of the issuance of the permit.
For minor projects and the construction of new single-family
residential homes, the director or other designated person within
the department may waive financial guarantees that would otherwise
be required by this section. In addition, the director may waiver
or reduce the financial guarantee otherwise required by this section
if the director determines that the size and scope of the work is
such that the furnishing of such financial guarantee would be disproportionately
costly or unduly burdensome to the permittee. Waiver or reduction
of financial guarantees otherwise required by this section shall not
relieve the permittee of compliance with the terms of the permit or
this article, nor shall such waiver be construed to limit the Township's
enforcement options whatsoever.
[Ord. No. 2010-01, 3-23-2010]
If the permittee is unable to complete the work within the specified
time, the permittee may, at least 10 days prior to the expiration
of the permit, present in writing to the department a request for
an extension of time setting forth the reasons for the requested extension.
If an extension is warranted, the department may grant a permit extension
with a new expiration date for the completion of the work, but no
such extension shall release the owner or surety on the bond or the
person furnishing the instrument of credit or cash bond.
[Ord. No. 2010-01, 3-23-2010]
In the event of failure to complete the work or failure to comply with all the requirements, conditions and terms of the permit, the department may proceed with corrective actions as described in § 22-217, Enforcement.
[Ord. No. 2010-01, 3-23-2010]
Permits shall not be issued where:
(a)
The proposed work would cause hazards to the public safety and welfare;
or
(b)
The work as proposed by the applicant will permanently or unreasonably
damage any public or private property or interfere with any existing
drainage course in such a manner as to cause damage to any adjacent
property or result in the deposit of debris or sediment on any public
way or into any waterway or create an unreasonable hazard to persons
or property; or
(c)
The land area for which earth change is proposed is subject to geological
hazard to the extent that no reasonable amount of corrective work
can eliminate or sufficiently reduce settlement, slope instability,
or any other such hazard to persons or property; or
(d)
The land area for which the work is proposed may lie within the floodplain
of any stream or watercourse (not specifically designated and delineated
by the Township as an area subject to flood hazard), unless a hydrologic
report, prepared by a professional engineer, is submitted to certify
that the proposed grading will have no detrimental influence on the
public welfare or upon the total development of the watershed.
[Ord. No. 2010-01, 3-23-2010]
Work pursuant to plans and permits issued by an approving agency
prior to adoption of this article may proceed to completion pursuant
to said previously approved plans and permits. However, any modification
of said plans or work shall comply with the terms and requirements
of this article, as well as those of the prior approving agency.
[Ord. No. 2010-01, 3-23-2010]
Plan modifications shall be completed in accordance with the
following provisions:
(a)
All modifications of the approved soil erosion and sedimentation
control plans must be submitted to and approved by the department.
All necessary sustaining reports shall be submitted with any proposal
to modify the approved grading plan.
(b)
No earth change in connection with any proposed modifications shall
be permitted without the approval of the department.
(c)
In the event that an earth change in connection with any proposed
modification commences or is completed prior to approval of the proposed
change by the department, the department will issue a notice of violation
and the existing permit for the site may, at the sole discretion of
the department, be revoked if it is judged necessary in order to ensure
that the purpose of this article is achieved. If the permit is revoked,
no further work on the site will be allowed until a new permit has
been issued by the department and all applicable permit fees paid.
[Ord. No. 2010-01, 3-23-2010]
During earth change operations and until completion, the owner
of the property to which the permit pertains shall be responsible
for:
(a)
The prevention of damage to any public utilities or services within
the limits of the permitted work and along any routes of travel of
the equipment;
(b)
The prevention of damage and/or repair damage caused to adjacent
property. No person shall engage in grading or earth change on land
so close to the property line as to endanger any adjoining public
street, sidewalk, alley or any public or private property without
supporting and protecting such property from settling, cracking or
other damage which might result.
(c)
Carrying out the proposed work in accordance with all the requirements
of the permit, the approved soil erosion and sedimentation control
plans, and this article.
(d)
The prompt removal of all soil, miscellaneous debris, or other materials
applied, dumped or otherwise deposited on streets, highways, sidewalks,
or other thoroughfares, either public or private, during transit to
and from the construction site.
[Ord. No. 2010-01, 3-23-2010]
(a)
Any earth changes shall be conducted in such a manner so as to effectively
reduce accelerated soil erosion and resulting off-site sedimentation.
(b)
All earth changes shall be designed, constructed and completed such
that the time which an area of disturbed land is exposed shall be
as limited as possible.
(c)
Sediment caused by accelerated soil erosion shall be removed from
runoff water before it leaves the site of the earth change. Any sediment
caused by accelerated soil erosion which is deposited on any lands
not specifically covered by an authorized permit or deposited in any
waterway shall be promptly removed by and at the sole expense of the
permittee. Any restoration and/or stabilization measures required
due to said sediment removal shall also be installed by and at the
sole expense of the permittee.
(d)
Any temporary or permanent facility designed and constructed for
the conveyance of water around, through or from the earth change area
shall be designed to limit the water flow to a non-erosive velocity.
(e)
Temporary soil erosion and sedimentation control measures shall be
installed before or upon commencement of the earth change activity,
and said measures shall be maintained daily. Temporary soil erosion
and sedimentation control measures shall be removed after permanent
soil erosion control measures are in place and the area is stabilized.
The area shall be stabilized with permanent soil erosion control measures
under approved standards and specifications as described by the permit,
this article, and Part 91.
(f)
Permanent soil erosion control measures for all slopes, channels,
ditches or any disturbed land area shall be implemented within five
calendar days after final grading or the final earth change has been
completed. Where significant earth change ceases, temporary soil erosion
control measures shall be implemented within five calendar days. All
temporary soil erosion control measures shall be maintained until
permanent soil erosion control measures are implemented.
(g)
Prior to the release of the required bond, irrevocable letter of
credit, or cash deposit; temporary soil erosion and sedimentation
control measures shall be removed and earth change areas stabilized
with permanent soil erosion control measures.
(h)
The requirements of the permit shall run with the land and no transfer
of the land prior to completion of the work and termination of the
permit shall relieve the permittee and property owner of the obligations
enumerated in this article.
[Ord. No. 2010-01, 3-23-2010]
Except where the requirements of this article are more restrictive,
this article incorporates by reference the rules promulgated under
Part 91 of the Act and the rules promulgated thereunder. All persons
engaged in earth changes shall design, implement and maintain acceptable
soil erosion and sedimentation control measures, in conformance with
Part 91, Soil Erosion and Sedimentation Control, Natural Resource
and Environmental Protection Act, Act 451 of Public Acts of 1994,
and all administrative rules promulgated pursuant thereto.
[Ord. No. 2010-01, 3-23-2010]
Persons implementing soil erosion and sedimentation control
measures under this article and all subsequent owners of property
on which such measures have been taken shall maintain all permanent
erosion control measures, retaining walls, structures, plantings and/or
other protective measures. If a maintenance agreement is deemed necessary
by the department, the property owner shall be required to execute
said agreement and such deed restrictions as may be appropriate to
guarantee maintenance of permanent sedimentation and erosion control
measures and facilities.
[Ord. No. 2010-01, 3-23-2010]
In addition to exemptions provided elsewhere in this article,
no permits shall be required for the following:
(1)
Those activities exempted from permitting by § 9115 of
Part 91 and the rules promulgated under Part 91;
(2)
Notwithstanding exemption for permit issuance, those operations and
constructions which are exempted shall be in compliance with the rules
and regulations concerning grading and erosion specified in this article.
[Ord. No. 2010-01, 3-23-2010]
The requirements of this article shall be enforced by the department.
The department shall inspect the work and may require inspection or
compaction testing by a soil engineer or by a soil testing agency
approved by the department, unless it is determined by the department
that such inspection requirements may be waived due to the nonhazardous
nature of the earth change.
Upon completion of all work specified in approved soil erosion
and sedimentation control plans and other requirements, the applicant
shall file with the department a final inspection request. The department
shall inspect the completed work and, upon determination of satisfactory
completion, issue a notice of final completion. If the department
finds any existing conditions not in accordance with any application,
permit, approved plan or subsequent requirements, further work shall
not be allowed until approval of a revised soil erosion and sedimentation
control plan has been granted by the department.
[Ord. No. 2010-01, 3-23-2010]
(a)
If the permittee fails to complete the work or fails to comply with
the requirements, conditions and terms of the permit and/or subsequent
requirements, the department shall issue a notice of deficiency. The
issued notice shall provide a description of any deficiencies as well
as the required corrective action(s). The permittee shall complete
the required corrective actions within the time frame indicated on
the issued notice. If permittee fails to comply with all requirements
of the notice of deficiency, the department will issue a notice of
violation and/or a stop work order.
(b)
If a notice of violation is issued, the department, not sooner than five days after the notice of violation has been mailed, may order such work as is necessary, not to exceed $10,000, to stabilize the site and eliminate any danger to persons, property or natural resources. If the cost exceeds $10,000, the work shall not begin until at least 10 days after the notice of violation has been mailed. Such work will be completed by an assigned agent of the department. The permittee and the surety executing the bond or person issuing the instrument of credit or making the cash deposit as required in § 22-205 shall be firmly bound under a continuing obligation for the payment of all costs and expenses that may be incurred by the Township in causing any and all such work to be performed. In the case of a cash deposit, any unused portion thereof will be refunded to the permittee. If the financial guarantee is insufficient, the permittee shall deposit an amount equal to the deficiency.
(c)
If the department finds it necessary to issue a notice of violation
to a permittee, the department may require a $1,000 cash performance
deposit for each subsequent single residential permit issued to that
applicant. The amount of the performance deposit required for any
other type of activity shall be determined by the department at the
time of application.
(d)
Notwithstanding the existence or pursuit of any other remedy, the
Township may maintain an action in its own name in any court of competent
jurisdiction for an injunction or other process against any person
to restrain or prevent violations of this article.
(e)
Acceptance of the permit by permittee shall constitute permittee's
consent that the department may enter at all reasonable times in,
or upon, any private or public property for the purpose of inspecting
and investigation of conditions and practices which may be a violation
of the permit and/or this article.
(f)
Civil infractions.
(1)
In addition to remedies for a violation provided in this article,
a person who violates this article, Part 91, or the rules promulgated
under Part 91 as incorporated herein, shall be liable for payment
of a municipal civil infraction and may be ordered to pay a civil
fine of not more than $2,500.
(2)
A person who knowingly violates this article, Part 91, or the
rules promulgated under Part 91, or who knowingly makes a false statement
in an application for a permit or in the soil erosion and sedimentation
control plan shall be liable for payment of a civil fine of not more
than $10,000 for each day of violation.
(3)
A person who knowingly violates this article, Part 91, or the
rules promulgated under Part 91, after receiving a notice of deficiency
shall be liable for payment of a civil fine of not less than $2,500
or more than $25,000 for each day of violation.
(4)
Civil fines collected pursuant to this section shall be deposited
with the Township.
(5)
A default in payment of a civil fine or a cost ordered under
this section or installment of a fine or cost may be remedied by any
means authorized under the Revised Judicature Act of 1961 (1961 PA
236; MCL § 600.101 et seq.).
(6)
In addition to the other remedies provided in this article,
Part 91, or the rules promulgated under Part 91, a person in violation
of Part 91 may be liable for damages for injury to or destruction
of or loss of natural resources resulting from said violation and
may be subject to such injunctive orders as may be appropriate, including
orders to cease and desist all such activities and/or to restore the
area or the areas affected by the violation to their condition as
said condition existed prior to the violation.
(7)
Persons authorized by the Township Board to enforce municipal
civil infractions within the Township are authorized to enforce the
provisions of this article.
[Ord. No. 2010-01, 3-23-2010]
Upon adoption of this article by the Meridian Charter Township
Board, the Department of Public Works and Engineering is designated
as the municipal enforcing agency for Meridian Charter Township and
is responsible for the administration and enforcement of this article.
