[HISTORY: Adopted by the City Council of the City of Bridgman 4-9-1978 by Ord. No. 65 (Ch. 309.000 of the 1999 Compiled Ordinances). Amendments noted where applicable.]
The Code of the City of Bridgman are hereby amended to regulate soil erosion and to provide for sedimentation control.
The City of Bridgman shall be the local enforcing agency for the purpose of implementing soil erosion and sedimentation control within the City of Bridgman, pursuant to Act 347, Public Acts of 1972, as amended, being Michigan Statutes Annotated 13.1820(1) et seq., known as the "Soil Erosion and Sedimentation Control Act."
Editor's Note: See now MCLA § 324.101 et seq., the Natural Resources and Environmental Protection Act.
[Amended 8-4-1980 by Ord. No. 77]
The City of Bridgman hereby adopts by reference the latest rules promulgated by the Water Resources Commission of the State of Michigan pertaining to soil erosion and sedimentation control. The City of Bridgman also adopts by reference the standards and specifications for soil erosion and sedimentation control adopted by the Berrien County Soil Conservation District. Not less than 10 copies of all applicable rules shall be kept in the office of the City Clerk for public inspection, sale and distribution.
Before ground breaking of any construction project in the City of Bridgman involving one or more acres of land, and before all construction within 500 feet of a stream or lake, including all established waterways and storm sewers that have been constructed, discharging into a stream or lake, an erosion and sedimentation control plan shall be submitted to the Building Inspector in accordance with this chapter.
The City Council shall, by resolution, establish fees for the enforcement of this chapter.
The Building Inspector, or other agent authorized by the City Council, shall review the plan, and if it is determined that the plan meets the standards of the rules referred to above and will prevent soil erosion at all major construction sites in the City of Bridgman in excess of one acre, and also all construction located within 500 feet of a stream or lake, including all established waterways and storm sewers that have been constructed, discharging into a stream or lake, except isolated single-family dwellings, and subject to conformance with all other appropriate ordinances, he shall issue a permit to proceed. Whenever possible, he shall issue such application and permit forms as prepared by the Water Resources Commission.
The Building Inspector shall inspect the construction site at the beginning, during construction and at the end of the project.
The Building Inspector may, as a condition to issuing a permit, require a performance bond to the City of Bridgman to assure that all sediment control facilities approved in the plan will be completed.
The Building Inspector may issue cease and desist orders upon the determination that any of the aforesaid rules are violated. No further action shall be taken on the project until the Building Inspector shall determine that the project shall be constructed to conform with said rules.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation convicted of a violation of any provision of this chapter shall be deemed guilty of a misdemeanor and shall, upon conviction thereof in any court of competent jurisdiction, be subject to a fine of not exceeding $500, or by imprisonment of not more than 90 days or both in the discretion of such court.
Any violation of this chapter shall be deemed a public nuisance and the City of Bridgman may institute suit in the Berrien County Circuit Court to enjoin such violation and order correction or abatement thereof.
Anyone who considers himself aggrieved by the enforcement of this chapter and the statutes and rules referred to herein may appeal to the Zoning Board of Appeals, and such appeal shall be handled in the same manner as are appeals from decisions made by the inspector in zoning matters.