This is a chapter to prevent soil erosion and sedimentation
from nonagricultural development within the City of Lapeer 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, which shall
be known and cited as the "City of Lapeer Soil Erosion Ordinance."
The following definitions shall apply in the interpretation
and enforcement of this chapter:
BUILDING INSPECTOR
The chief of the Building Department of the City of Lapeer
or his duly authorized representative.
CERTIFICATION OF COMPLETION
A signed written statement by the Building Inspector that
specific construction has been inspected and found to comply with
all grading plans and specifications.
EARTH CHANGE
A man-made change in the natural cover or topography of the
land, including cut-and-fill activities, which may result in or contribute
to soil erosion or sedimentation of the waters of the state.
EROSION
The process by which the ground surface is worn away by action
of wind, water, gravity or a combination thereof.
EXCAVATION or CUT
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated and shall include the conditions
resulting therefrom.
FLOODPLAIN
That area which would be inundated by storm runoff or floodwater
equivalent to that which would occur with a rainfall or flood of one-hundred-year
recurrence frequency after total development of the watershed.
GRADING
Any stripping, excavating, filling, stockpiling or and combination
thereof, and shall include the land in its excavated or filled condition.
GRADING PERMIT
A permit issued to authorize work to be performed under this
chapter.
LAND USE
A use of land which may result in an earth change, including
but not limited to subdivision, residential, commercial, industrial,
recreational or other development, private and public highway, road
and street construction, drainage construction, logging operations,
agricultural practices and mining.
PERSON
A natural person, firm, corporation, partnership or association.
STRIPPING
Any activity which removes or significantly disturbs the
vegetative surface cover, including clearing and grubbing operations.
No site plan or plot plan or plat shall be approved under Chapter
6, Land Division, or Chapter
7, Zoning, of this Code unless said site plan, plot plan or plat shall include soil erosion and sediment control measures consistent with the requirements of this chapter and related development regulations.
No certificate of occupancy for any building will be issued under Chapter
8, Article
II, Buildings Code, of this Code unless the applicant for said certificate shall have obtained a certification of completion of all permanent soil erosion measures.
If the permittee is unable to complete the work within the specified
time, he may, at least 10 days prior to the expiration of the permit,
present in writing to the Building Inspector a request for an extension
of time setting forth the reasons for the requested extension. In
the event such an extension is warranted, the Building Inspector may
grant additional time for the completion of the work, but no such
extension shall release the owner or the surety on the bond or the
person furnishing the instrument of credit of cash bond.
In the event of failure to complete the work or failure to comply
with all the requirements, conditions, and terms of permit, the Building
Inspector may order such work as is necessary to eliminate any danger
to persons or property and to leave the site in a safe condition and
he may authorize completion of all necessary, temporary or permanent
soil erosion control measures. The permittee and the surety executing
the bond or person issuing the instrument of credit or making the
cash deposit shall continue to be firmly bound under a continuing
obligation for the payment of all necessary costs and expenses that
may be insured or expended by the City in causing any and all such
work to be done. In the case of a cash deposit, unused portion thereof
shall be refunded to the permittee.
Grading permits shall not be issued where:
A. The proposed work would cause hazards to the public safety and welfare;
B. The work as proposed by the applicant will 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
deposition of debris or sediment on any public way or into any waterway
or create any unreasonable hazard to persons or property;
C. The land area for which the grading 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 grading is proposed may lie within the
floodplain of any stream or watercourse (not specifically designated
and delineated by the City as an area submitted to flood hazard),
unless a hydrologic report, prepared by a professional engineer, is
submitted to certify that the proposed grading will have, in his opinion,
no detrimental influence on the public welfare or upon the total development
of the watershed.
All modifications of the approved grading plans must be submitted
and approved by the Building Inspector. All necessary sustaining report
shall be submitted with any proposal to modify the approved grading
plan. No grading work in connection with any proposed modification
shall be permitted without the approval of the City Building Inspector.
During grading operations, the permittee shall be responsible
for:
A. The prevention of damage to any public utilities or services within
the limits of grading and along any routs of travel of the equipment.
B. The prevention of damage to adjacent property.
C. No person shall grade on land so close to the property line as to
endanger any adjoining public streets, sidewalk, alley or any public
or private property without supporting and protecting such property
from settling, cracking or other damage which might result.
D. Carrying out the proposed work in accordance with the approved plans
and in compliance with all the requirements of the permit and this
chapter.
E. The prompt removal of all soil, miscellaneous debris or other materials applied, dumped or otherwise deposited on public streets, highways, sidewalks, or other thoroughfares during transit to and from the construction, where such spillage constitutes a public nuisance or hazard in accordance with §
12-4G.
Persons carrying out soil erosion and sediment control measures
under this chapter, and all subsequent owners of property upon which
such measures have been taken, shall maintain all permanent anti-erosion
devices, retaining walls, structures, plantings, and other protective
devices.
[Amended 8-6-1975]
All grading plans and specifications including extensions of
previously approved plans shall include provisions for erosion and
sediment control in accordance with, but not limited to, the Lapeer
Soil and Water Conservation District Standards and Specifications.
Copies of said standards and specifications shall be available for
inspection in the offices of the City Clerk or the Building Inspector.
This chapter shall become effective on the 15th day of January
1975 at 12:01 a.m.
[Amended 8-6-1975]
If any section, sentence, clause or phrase of this entire chapter
is for any reason held to be unconstitutional or otherwise invalid
or unenforceable by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining sections, sentences,
clauses or phrases of this chapter or sections thereof, it being the
legislative intent that the provisions of this chapter are separable
and that the chapter shall continue in effect notwithstanding the
invalidity of such section, sentence, clause or phrase.