[HISTORY: Adopted by the Village Council of the Village of
Vicksburg 9-5-2006 by Ord. No.
255 (Ch. 22, Art. V, of the 1995 Village Code).
Amendments noted where applicable.]
T chapter provides for the control of soil erosion and sedimentation
within the Village, as authorized by Part 91, Soil Erosion and Sedimentation
Control, of the Natural Resources and Environmental Protection Act,
Act No. 451 of the Public Acts of 1994, as amended ("Part 91"), and
the soil erosion and sedimentation control rules promulgated pursuant
to Part 91.
The rules are hereby adopted by reference and made a part of
t chapter as if fully set forth herein.
To the extent that any provisions or requirements of t chapter
are more restrictive than, or are in addition to, the provisions or
requirements of Part 91 or the rules, t chapter shall control.
A.
Unless expressly given a different meaning by t chapter, terms defined
in Part 91 and the rules have the same meanings when used in t chapter.
B.
ACT 451
DEPARTMENT OF PUBLIC WORKS DIRECTOR
EARTH CHANGE
EARTH CHANGE PERMIT
LAKE
PART 91
RULES
SEDIMENT
SOIL EROSION
STREAM
VILLAGE
VIOLATION OF THIS CHAPTER or VIOLATES THIS CHAPTER
WATERS OF THE STATE
As used in t chapter, the following terms shall have the meanings
indicated:
Public Act No. 451 of the Public Acts of 1994, as amended.[1]
The Director of Public Works for the Village of Vicksburg
or any person who holds a valid soil erosion and sedimentation control
(SESC) training certificate issued by the Department of Environmental
Quality (DEQ) designated by the Director of Public Works to act on
his/her behalf in the administration and enforcement of this chapter.
A human-made change in the natural cover or topography of
land, including cut and fill activities, which may result in or contribute
to soil erosion or sedimentation of the waters of the state. "Earth
change" does not include the practice of plowing and tilling soil
for the purpose of crop production.
A permit issued under this chapter.
The Great Lakes and all natural and artificial inland lakes
or impoundments that have definite banks, a bed, visible evidence
of a continued occurrence of water, and a surface area of water that
is equal to, or greater than, one acre. "Lake" does not include sediment
basins and basins constructed for the sole purpose of stormwater retention,
cooling water, or treating polluted water.
Part 91, Soil Erosion and Sedimentation Control, of the Natural
Resources and Environmental Protection Act, Act No. 451 of the Public
Acts of 1994, as amended, being MCLA § 324.9101 et seq.
The rules promulgated by the Michigan Department of Environmental
Quality pursuant to Part 91.
The solid particulate matter, including both mineral and
organic matter, that is in suspension in water, is being transported,
or has been removed from its site of origin by the actions of wind,
water, or gravity and has been deposited elsewhere.
The wearing away of land by the action of wind, water, gravity,
or a combination of wind, water, and gravity.
A river, creek, or other surface watercourse, which may or
may not be serving as a drain as defined in Act No. 40 of the Public
Acts of 1956, as amended, being MCLA § 280.1 et seq., and
which has definite banks, a bed, and visible evidence of the continued
flow or continued occurrence of water, including the connecting waters
of the Great Lakes.
The Village of Vicksburg.
A violation of Part 91, the rules, a permit issued under
this chapter, or this chapter.
The Great Lakes and their connecting waters, inland lakes,
and streams as defined in the rules, and wetlands regulated under
Part 303 of Act 451.
[1]
Editor's Note: See MCLA § 324.9101 et seq.
The Department of Public Works is hereby designated as the municipal
enforcing agency responsible for the administration and enforcement
of Part 91, the rules, and this chapter within the Village.
A.
An earth change permit shall be required for an earth change within
the Village that disturbs one or more acres of land or that is within
500 feet of the water's edge of a lake or stream.
B.
An earth change activity that does not require a permit under Part
91 or this chapter is not exempt from enforcement procedures under
this chapter if the activity causes or results in a violation of Part
91, the rules or this chapter.
C.
The Department of Public Works may grant a waiver for an earth change
after receiving a signed affidavit from the landowner that the earth
change will disturb less than 225 square feet and that the earth change
will not contribute sediment to lakes or streams.
Earth change permits are not required for the following. However,
all earth changes associated with the activities listed in this section
shall conform to the same standards as if they required a permit under
this chapter.
A.
A permit is not required for any of the following:
(1)
A beach nourishment project permitted under Part 325 of Act No. 451
of the Public Acts of 1994, as amended, being MCLA § 324.32501
et seq.
(2)
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.
(3)
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.
(4)
Installation of oil, gas and mineral wells under permit from the
Supervisor of Wells if the owner-operator is found by the Supervisor
of Wells to be in compliance with the conditions of Part 91.
B.
A permit waiver may be granted for an earth change after receiving
a signed affidavit from the landowner stating that the earth change
will disturb less than 225 square feet and that the earth change will
not contribute sediment to lakes or streams.
After the effective date of the ordinance from which this chapter is derived, no person shall maintain or undertake an earth change identified in § 384-6A on any land within the Village without obtaining an earth change permit and approved soil erosion and sedimentation control plan as provided by Part 91, the rules, and this chapter. An "authorized public agency," as defined by Part 91, is exempt from obtaining an earth change permit but shall notify the Village in advance of each proposed earth change.
A.
An application for an earth change permit shall be submitted to the
Department of Public Works Director by the owner of the land upon
which the earth change is proposed to be made (or by the owner's
designated agent).
(1)
The application shall be accompanied by an application review fee
made payable to the Village of Vicksburg in the amount provided by
the fee schedule adopted by the resolution of the Village Council.
(2)
The application shall also be accompanied by a soil erosion and sedimentation
control plan, which includes the following required data:
(a)
A vicinity sketch of the site location and the proximity of
any proposed earth change to the surface waters of the state (or to
drains or stormwater inlets leading directly to the surface waters
of the state) and shall include all predominant land features.
(b)
A boundary line survey or legal description of the site.
(c)
The name, address, and telephone number of the landowner (or
authorized agent) and of the developer (if different than the landowner).
(d)
A plan of the site at a scale of not more than 100 feet to an
inch (or as otherwise determined adequate by the Department of Public
Works Director), showing existing topography (or slope description)
at five-foot intervals.
(e)
A soil survey map or written description of the soil types of
the exposed land area contemplated for the earth change.
(f)
Details for the proposed earth change, including:
[1]
A description of the location of the physical limits of each
proposed earth change.
[2]
A description of the location of all existing and proposed on-site
drainage and dewatering facilities.
[3]
The timing sequence of each proposed earth change, such as starting
and completion dates of the development sequence and the exposure
of each area prior to the completion of effective soil erosion and
sediment control measures.
[4]
The location and description for installing and removing all
proposed temporary soil erosion and sedimentation control measures
and their estimated cost.
[5]
A description and the location of all proposed permanent soil
erosion and sedimentation control measures and their estimated cost.
[6]
A statement of the quantity of the excavation and fill involved.
[7]
A program proposal for the continued maintenance of all permanent
soil erosion and sedimentation control facilities which remain after
the project completion, including the designation of a person or organization
responsible for the maintenance.
[8]
Other information or data as may be required by the Department
of Public Works Director, such as a soil investigation report, which
shall include, without limitation, data regarding nature, distribution,
and supporting ability of existing soils and rock on site.
B.
The soil erosion and sedimentation plan shall be reviewed by the
Department of Public Works Director (or other person with a valid
SESC training certificate issued by the DEQ, as designated by the
Department of Public Works Director).
C.
All earth changes shall be designed, constructed, implemented and
maintained in accordance with the minimum requirements for earth changes
as provided by Part 91, the rules, and this chapter, and shall also
comply with any structural, vegetative, or managerial practices to
effectively prevent or reduce soil erosion and sedimentation as determined
necessary by the Department of Public Works Director. In determining
the adequacy and effectiveness of the design, implementation and maintenance
of proposed soil erosion and sedimentation control measures for purposes
of this chapter the Department of Public Works Director shall consider:
(1)
Site-specific factors and information of the type required to be
included in the soil erosion and sedimentation control plan for the
property; and
(2)
The specification and recommendations regarding soil erosion and
sedimentation control measures and practices as provided by the "Guidebook
of Best Management Practices for Michigan Watersheds," published by
the Water Bureau, Michigan Department of Environmental Quality ("BMP
guidebook") along with "The Field Office Technical Guide" published
by the United States Department of Agriculture/Natural Resources Conservation
Service. A complete copy of the BMP guidebook shall be kept available
for public inspection at the Village of Vicksburg Municipal Building.
D.
The Department of Public Works Director shall approve, disapprove
or require modification of the application for the earth change permit
and accompanying plan within 30 calendar days following receipt of
a complete application. Notification of approval or disapproval shall
be made by first class mail. If the application is disapproved, the Department
of Public Works Director shall advise the applicant of the reasons
for disapproval and conditions required for approval. The requirement
of notification by certified mail is not necessary if the application
is personally given written approval or disapproval of the application.
E.
An earth change permit shall not be issued where:
(1)
The proposed work would cause uncontrolled soil erosion and sedimentation;
or
(2)
The proposed work would cause hazards to the public safety and welfare;
or
(3)
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 stream or create an unreasonable hazard to persons or property;
or
(4)
The land area for which work 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 the land area for which the
work is proposed lies within the one-hundred-year floodplain of any
stream or watercourse (not specifically designated and delineated
by the county as an area subject to flood hazard), unless a permit
from the State Department of Environmental Quality accompanies the
application and a hydrologic report prepared by a licensed professional
engineer is submitted to certify that the proposed work will have
no detrimental influence on the public welfare or upon the total development
of the watershed.
F.
No earth change permit shall be issued until the applicant has paid
applicable permit and inspection fees to the Village in accordance
with the fee schedule adopted by resolution of the Village Council.
The Department of Public Works Director shall calculate the fee after
reviewing the application and plan.
G.
Upon a determination by the Department of Public Works Director that
an applicant has met all applicable requirements under this chapter
and other applicable laws and regulations, and that the applicant
has paid all applicable fees, the Department of Public Works Director
shall issue a permit for the proposed earth change. The permit shall
be posted on site, and the approved SESC plan shall be kept available
on the site of the proposed earth change at all times for inspection
by the Village.
H.
If the earth change for which a permit has been issued has not commenced
within one year from the date of issuance of the permit, the permit
shall lapse. The Department of Public Works Director may extend the
time for commencement of the earth change, if the permittee requires
an extension, prior to the expiration of the initial period, and no
material change of circumstances has occurred.
I.
An earth change permit issued under this chapter shall not relieve
the permittee from complying with any other applicable statutes, ordinances,
rules or regulations.
J.
The failure to comply with any term or condition of a approved permit
or to timely complete all work as set forth in an approved plan constitutes
a violation of this chapter.
A.
A person who owns land on which an earth change has been made that
may result in or contribute to soil erosion or sedimentation of the
waters of the state shall plan, implement and maintain acceptable
soil erosion and sedimentation control measures that will effectively
reduce accelerated soil erosion and resulting off-site sedimentation
from the land on which the earth change has been made.
B.
This section is effective, whether or not an earth change permit
is required by this chapter.
A.
All soil erosion and sedimentation control plans and specifications,
including extensions of previously approved plans, shall include provisions
for erosion and sedimentation control in accordance with, but not
limited to, the standards contained in the "Guidebook of Best Management
Practices for Michigan Watersheds," published by the Michigan Department
of Environmental Quality, in addition to "The Field Office Technical
Guide," published by United States Department of Agriculture/Natural
Resources Conservation Service, and other standards and specifications
in existence in the area governed by this chapter.
B.
General principles. The following principles apply to all land-disturbing
activities in the Village of Vicksburg and should be used in the preparation
of submissions required under this chapter:
(1)
To minimize the potential for soil erosion, development should fit
the topography and soils of the site. Areas with steep slopes where
deep cuts and fills may be required should be avoided wherever possible
and natural contours should be followed as closely as possible.
(2)
Natural vegetation should be retained and protected wherever possible.
Tree removal should be kept to a minimum wherever possible, as they
provide root/soil stability. Areas immediately adjacent to streams
and lakes also should be left undisturbed wherever possible.
(3)
All activities on a site should be conducted in a logical sequence
so that the smallest practical area of land will be exposed for the
shortest practical period of time during development.
(4)
Sediment basins, silt traps and filters shall be designed to remove
sediment from stormwater before the stormwater leaves the site of
the earth change activity.
(5)
Basins, swale areas and mixed use of pavement/grass areas shall be
used to provide storage for excess stormwater that may otherwise cause
channel scouring and increased flooding due to resultant velocities.
(6)
Wintertime construction, defined as that occurring on or after November
1 and through March 31, will require additional controls, which include:
(a)
Daily inspections and maintenance of controls.
(b)
Inspections and repairs of controls immediately following freeze/thaw
periods.
(c)
Immediate stabilization including heavy mulch as areas are uncovered.
(d)
More specific timetable for construction and maintenance activities
planned for inclement weather.
(e)
More significant phasing design and limits on amount of clearing
at one time.
A.
Prior to construction. To minimize the potential for soil erosion, development shall complement the topography and soils of the site. Earth changes shall be conducted in a manner consistent with the standards in § 384-12. Silt fence shall be installed and trenched a minimum of six inches below the surface, and any other temporary SESC measures shall be installed according to manufacturers' recommendations or design specifications prior to commencement of site work.
B.
Phasing of site work. All earth changes shall be designed, constructed
and completed in a manner which will limit the exposed areas of disturbed
land for the shortest possible period of time as determined by the
Village enforcing agent. This may require large sites with high erosion
potential to be constructed in phases.
C.
Sediment control. Sediment caused by accelerated soil erosion shall
be removed from runoff water before it leaves the site of the earth
change. All temporary and permanent erosion control measures designed
and constructed for the conveyance of water around, through and from
the earth change limit the water flow to nonerosive velocity.
D.
Sediment basins/stormwater ponds. All temporary and permanent stormwater
collection areas shall be one of the first items of construction.
These facilities include all temporary sediment basins and stormwater
ponds; collecting and filtering of all stormwater runoff from the
site of the earth change is dependent upon these facilities being
constructed and stabilized properly.
E.
Dewatering. Water discharged from a pump or sediment basin shall
not be discharged in a manner that causes erosion off site or in the
receiving channel or allows sediment to be discharged off site or
into the receiving channel.
F.
Soil stockpiling. Soil stockpiled on-site shall be placed away from
all bodies of water and shall be protected with silt fence and grass
seeding to prevent erosion of stockpiles. Any soil stockpiles left
on-site more than two months shall be secured by covering. On sandy
sites, a sprinkling system shall be set up to water stockpiles to
prevent wind erosion.
G.
Tracking. Soil being tracked from a site onto public or private roadways
shall be minimized. Installation of an access drive with rock or crushed
concrete shall be used to limit tracking. If sedimentation occurs
due to tracking from the site, the sediment shall be collected and
removed in a manner consistent with the intent of this chapter. Daily
street sweeping shall be performed as part of soil erosion and sedimentation
control maintenance.
H.
Drain inlet protection. All storm drain inlets shall be protected against sedimentation through the use of silt sacks, filter fabric, or methods meeting the standards and specifications in § 384-12.
I.
Site erosion control. Runoff passing through a site from adjacent
areas shall be diverted from or around disturbed areas. Where it is
part of an approved plan, one or more sediment basins shall be constructed.
Field modifications of the existing erosion and sedimentation control
plan may be made only following written permission from the Director
of the Department of Public Works. Permanent soil erosion control
measures for all slopes, channels, ditches, or any disturbed land
area shall be completed within five calendar days after final grading
or the final earth change has been completed.
A.
During the period between initial ground breaking or site preparation
and the stabilization of the soil surface resulting from final grading,
all sediment basins and other soil erosion and sedimentation control
measurers shall be maintained on a daily basis by the contractor or
landowner.
B.
Maintenance responsibilities shall become a part of any sales or
exchange agreement for the land on which temporary and permanent soil
erosion and sedimentation control measurers are located.
No permit shall be issued by the Village under this chapter
unless the applicant first posts a deposit with the Village Treasurer
in the form of cash, a certified check, or an irrevocable letter of
credit, whichever the applicant selects, or a surety bond acceptable
to the Village, subject to the following:
A.
The deposit shall be in a form approved and furnished by the Village.
The deposit shall be in the amount sufficient to assure the installation
and completion of such protective or corrective measures as required
by the Village.
B.
As a condition of the deposit, the applicant shall be required to
comply with all provisions of this chapter, the terms and conditions
of the permit, and complete all work set forth in the plan within
the time specified in the permit (or, if no time limit is so specified,
within 180 days after the date of issuance of the permit).
(1)
If the applicant fails to compete the work as provided by § 384-10, the Village is authorized to cause the work to be completed in accordance with the plan covered by the permit, and the necessary and reasonable costs and expenses so incurred or expended, including the incidental administrative and legal costs, shall be the obligation of and paid by the applicant and surety. In the case of an application having deposited cash, a certified check, or an irrevocable bank letter of credit, the applicant shall be refunded any portion thereof not used for the aforesaid costs and expenses.
(2)
The Department of Public Works Director is authorized to grant the
permittee an extension of time to complete the work shown in the plan
upon the applicant's written request showing good cause for the
need of the extension prior to the expiration of the time required
for completion of the plan.
A.
The Department of Public Works Director (or person with a valid SESC
training certification issued by the DEQ, as designated by the Department
of Public Works Director) shall inspect all work covered by an earth
change permit issued pursuant to this chapter and is hereby authorized
to enter property in the Village covered by a permit at all reasonable
times for the purpose of performing any duties under this chapter.
Inspection fees shall be paid as provided according to the fee schedule
adopted by resolution of the Village Council.
B.
The Department of Public Works Director, or any person designated
by the Department of Public Works Director, may enter at all reasonable
times in or upon any private or public property for the purpose of
inspection and investigating conditions or practices that may be a
violation of Part 91, the rules, or this chapter.
A building permit shall not be issued for any property upon
which an earth change permit is required until the earth change permit
has been issued for the property as provided by this chapter.
A.
If the Department of Public Works Director determines that soil erosion
and sedimentation of the waters of the state has or is reasonably
likely to occur from a parcel of land in violation of this chapter,
the Department of Public Works Director shall notify the person who
owns the land by mail, with return receipt requested, of that determination.
The notice shall contain a description of the violation and what must
be done to remedy the violation and shall specify a time to comply
with this chapter.
B.
Within five days after the notice of violation is mailed, the landowner
shall implement and maintain soil erosion and sedimentation control
measures in the specified time limit as identified in conformance
with Part 91, the rules and this chapter.
C.
If after five days from the date that a notice of violation is mailed the condition of the land, in the opinion of the Department of Public Works Director, may result in or contribute to soil erosion or sedimentation of adjacent properties or to the waters of the state, and if soil erosion and sedimentation control measures in conformance with this chapter are not in place, the Village (or its designee) may enter upon the land and construct, implement and maintain soil erosion and sedimentation control measures in conformance with this chapter. The Village shall not expend more than $10,000 for the cost of the work, materials, labor and administration unless the notice of violation referred to in Subsection A above contained written notice that such costs might exceed $10,000. Further, if more than $10,000 is to be expended under this section, then the work shall not begin until at least 10 days after the notice of violation is mailed.
D.
All expenses incurred by the Village under this section to construct,
implement, or maintain soil erosion and sedimentation control measures
to bring the land into conformance with this chapter shall be reimbursed
to the Village by the person who owns the land. The costs recovered
by the Village shall be in addition to any civil fines, damages, expenses
or costs payable to the Village as a result of a violation. Further,
the abatement by the Village of a violation of this chapter and subsequent
recovery of costs incurred by the Village shall not be a defense to
any action by the Village against any person for the violation, including,
without limitation, any action by the Village to collect civil fines,
damages, expenses or costs as authorized by law.
E.
The Village shall have a lien for the expenses incurred under this
section in bringing the land into conformance with this chapter. With
respect to single-family or multifamily residential property, the
lien for such expenses shall have priority over all liens and encumbrances
filed or recorded after the date of the expenditure. With respect
to all other property, the lien for such expenses shall be collected
and treated in the same manner as provided for property tax liens
under the General Property Tax Act, Act No. 206 of the Public Acts
of 1893, being MCLA §§ 211.1 to 211.157.
F.
If the Village has notice that a violation of this chapter has occurred
within the boundaries of the Village (including, but not limited to,
a violation attributable to an earth change by an authorized public
agency), the Village shall notify the Michigan Department of Environmental
Quality (MDEQ) of the violation.
A.
All earth changes in the Village of Vicksburg, including earth changes
exempt from permit requirements, are subject to the enforcement provisions
and penalties of this chapter.
B.
Upon a finding that there has been a violation of any provision,
requirement or condition of this chapter (or of any permit or plan
issued or approved under this chapter), the Department of Public Works
Director may take any enforcement action authorized by Part 91, the
rules, this chapter, or by other applicable laws, regulations and
ordinances.
C.
The Director of the Department of Public Works shall have the authority
to issue a cease-and-desist order and shall revoke a permit upon its
finding that there is a violation of Part 91, of this chapter, or
where there is a violation of any permit restrictions.
A.
A person who violates any provision of this chapter is responsible
for a municipal civil infraction, subject to a payment of a civil
fine of not more than $2,500, plus costs of prosecution.
B.
The Director of the Department of Public Works is authorized to issue
municipal civil infractions.
C.
A person who knowingly violates any provision of this chapter or
knowingly makes a false statement in an application for a permit or
in a soil erosion and sediment control plan is responsible for the
payment of a civil fine of not more than $10,000 for each day of violation.
D.
A person who knowingly violates any provision of this chapter after receiving a notice of determination under § 384-18 is responsible for the payment of a civil fine of not less than $2,500 or more than $25,000 for each day of violation.
F.
A default in the payment of a civil fine or costs ordered under this
section or an installation of the fine or costs may be remedied by
any means under the Revised Judicature Action of 1961, as amended
(MCLA § 600.101 et seq.).
G.
Notwithstanding the existence or pursuit of any other remedy, the
Village may maintain an action for an injunction in a court of competent
jurisdiction to restrain or prevent violation of this chapter.
H.
In addition to a fine assessed under this section, a person who violates
this chapter is liable to the state for damages for injury to, or
destruction of, or loss of natural resources resulting from the violation.
The court may order a person who violates this chapter to restore
the area or areas affected by the violation to their conditions as
existing immediately prior to the violation.
I.
Each day on which a violation of the article continues constitutes
a separate violation and shall be subject to sanctions or penalties
as provide in this section as a separate violation.
J.
The Department of Public Works Director and any person designated
by the Department of Public Works Director to act on his or her behalf
in the administration and enforcement of this chapter are hereby designated
as the authorized Village officials to issue municipal civil infraction
citations (directing alleged violators to appear in court) for violations
of this chapter as provide by this Code.
