As used in this article, the following words and phrases shall
mean as follows:
ACTIVITY
Any human use, operation, development, or action (including,
but not limited to, filling, dredging, placing, depositing, dumping,
pumping, drilling, constructing, erecting, mining, grading, paving,
or excavating of material, buildings, or structures) that may result
in or cause any change to property or result in or cause any impact
or effect on a wetland.
CONTIGUOUS
Any of the following:
A.
A permanent surface water connection or any other direct physical
contact with an inland lake or pond, a river or stream.
B.
A seasonal or intermittent direct surface water connection to
an inland lake or pond, a river or stream.
C.
A wetland that is partially or entirely located within 500 feet
of the ordinary high water mark of an inland lake or pond, a river
or stream, unless it is determined by the MDEQ, pursuant to R 281.924(4)
of the Michigan Administrative Code, that there is no surface water
or groundwater connection to these waters.
D.
Two or more areas of wetland separated only by barriers, such as dikes, roads, berms, or other similar features, but with any of the wetland areas contiguous under the criteria described in Subsection
A,
B or
C of this definition.
DAYS
Calendar days, unless otherwise specified.
FILL MATERIAL
Soil, rocks, sand, gravel, clay, peat, debris, refuse, waste
of any kind, or any other kind of material that displaces soil or
water or reduces water retention potential.
INLAND LAKE OR POND, A RIVER OR STREAM
Any of the following:
A.
A river or stream which has definite banks, a bed, and visible
evidence of a continued flow or continued occurrence of water.
B.
A natural or permanent artificial inland lake or impoundment
that has definite banks, a bed, visible evidence of a continued occurrence
of water, and a surface area of water that is more than five acres.
This does not include lakes constructed by excavating or diking dry
land and maintained for the sole purpose of cooling or storing water
and does not include lagoons used for treating polluted water.
C.
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. This does not include ponds constructed by excavating
or diking dry land and maintained for the sole purpose of cooling
or storing water and does not include lagoons used for treating polluted
water.
MAC
The Michigan Administrative Code.
MDEQ
The Michigan Department of Environmental Quality.
MINOR DRAINAGE
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. To be considered
"minor drainage," the drainage must be inconsequential to the wetlands.
NREPA
The Michigan Natural Resources and Environmental Protection
Act (Act No. 451 of the Public Acts of Michigan of 1994, MCL 324.101
et seq., as amended).
ORDINANCE ENFORCEMENT OFFICER
A person appointed by resolution of the Township Board of
Trustees to administer this article and to carry out the duties as
provided by this article.
OWNER
Any person who has dominion over, control of, title to and/or
any other proprietary interest in wetlands and watercourse areas,
or title to an obstruction, natural or otherwise, to wetlands and
watercourse properties.
PERSON
An individual, sole proprietorship, partnership, corporation,
association, municipality, this state, any instrumentality or agency
of this state, the federal government, or any instrumentality or agency
of the federal government, or other legal entity.
QUALIFIED CONSULTANT, ENGINEER, CONTRACTOR OR OTHER ENTITY
Where this article requires a permit applicant or other person
to use or retain a "qualified" consultant, engineer, contractor or
other entity in connection with a wetlands delineation, mitigation
or other wetlands matter, the determination as to whether the consultant,
engineer, contractor or other entity (hereinafter collectively referred
to in this definition as the "consultant") is qualified for purposes
of this article shall be made by the Township based upon the Township's
consideration of factors, including, but not limited to, the following:
The consultant's credentials, including the strength of the consultant's
background, education, training, and professional experience in hydrology,
soil science, ecology, and botany, as relevant to wetlands; the consultant's
experience in dealing with other local governments or state and federal
wetlands agencies with regard to wetlands issues; the consultant's
knowledge of applicable local, state and federal wetlands laws and
regulations; the consultant's references or other sources of
information regarding the consultant's wetlands qualifications;
and such other factors as determined relevant and appropriate by the
Township.
RESTORATION
The reestablishment of wetlands characteristics and functions
at a site where they have ceased to exist through the replacement
of wetlands hydrology, vegetation, or soils.
TOWNSHIP
Pittsfield Charter Township, Washtenaw County, Michigan.
As used in this article, the term "Township" may also be used to refer
generically to the Township body or designee of the Township (including
the Township Board of Trustees, the Township Planning Commission,
the Township Ordinance Enforcement Officer, or the Stormwater Management
Committee) that reviews, decides, or takes other action with respect
to particular applications for wetlands use permits as specified by
this article. In the context of permit approvals required in conjunction
with a site plan, plat or other proposed land use, references to decisions
or actions by the "Township" means by the Planning Commission or the
Township Board of Trustees, as applicable. In the context of permit
approvals submitted in conjunction with activities that do not require
approval by the Planning Commission and/or the Township Board of Trustees,
references to decisions or actions by the "Township" means by the
Ordinance Enforcement Officer. In the context of appeals of decisions
made by the Ordinance Enforcement Officer, the Planning Commission
or the Township Board of Trustees regarding wetlands use permits,
references to decisions or actions by the "Township" means by the
Stormwater Management Committee. For purposes of issuing a notice
of violation and order or municipal civil infraction citation or notice,
"Township" means the Ordinance Enforcement Officer or other authorized
local official as provided by this article.
WETLAND
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 is commonly
referred to as a bog, swamp, or marsh, and which is any of the following:
A.
Contiguous to a lake or pond, or a river or stream, regardless
of size.
B.
Not contiguous to a lake or pond, or a river or stream; and
two acres or more in size.
C.
Not contiguous to a lake or pond, or a river or stream; and
less than two acres in size, if the Township determines that protection
of the area is essential to the preservation of the natural resources
of the Township from pollution, impairment, or destruction as provided
by this article.
WETLAND LESS THAN TWO ACRES IN SIZE
A.
A noncontiguous, single wetland that is less than two acres
in size; or
B.
Multiple wetlands within 100 feet of each other whose combined
area totals less than two acres, whether these are on the same parcel
or multiple parcels; provided, however, that "wetland less than two
acres in size" does not include any single wetland that is less than
0.2 acre in size; or multiple wetlands within 100 feet of each other
whose combined area totals less than 0.2 acre.
WETLANDS USE PERMIT
A permit issued by the Township for activities in a wetland
as provided by this article.
WETLANDS VEGETATION
Plants, including, but not limited to, trees, shrubs and
herbaceous plants, that exhibit adaptations to allow, under normal
conditions, germination or propagation and to allow growth with at
least their root systems in water or saturated soil.
The rules of construction provided by this section shall apply
in the interpretation and application of this article by the Township,
a reviewing court, or any other person. Consistent with regulatory
purposes and intent of this article and other applicable local, state
and federal laws and regulations:
A. The provisions of this article shall be construed and applied as
liberally as possible in favor of the protection and preservation
of wetlands located within the Township and of the benefits to be
derived therefrom.
B. Conversely, the provisions of this article shall be construed and
applied as strictly as possible against authorizing, approving or
allowing any action or activity in a wetland that could result in
adverse effects on a wetland.
C. In the case of a difference of meaning or implication between the
text of this article and any caption or illustration, the text of
this article shall control.
D. In all cases, the Township's interpretation and application
of the provisions of this article shall control.