[HISTORY: Adopted by the City Commission
of the City of Kalamazoo 3-7-2022 by Ord. No. 2047. Amendments noted where applicable.]
The purpose of this chapter is to control soil erosion and sedimentation
with respect to earth change activities within the City, by requiring
proper provision for water disposal and protection of soil surfaces
during and after construction, in order to promote the safety, public
health and general welfare of the City, as well as to limit the exposed
area of any disturbed land for the shortest possible period of time.
A. The following definitions shall apply in the interpretation and enforcement
of this chapter:
ACT 451
Part 91, Soil Erosion and Sedimentation Control (SESC), of
the Natural Resources and Environmental Protection Act, being Act
No. 451 of the Public Acts of 1994, as amended (See also MCLA § 324.9101
et seq.) as well as the promulgated rules of the Michigan Department
of Environment, Great Lakes, and Energy (EGLE).
CERTIFICATION OF COMPLETION
A signed written statement of the Building Official or the
Building Official's designee that specific construction has been
inspected and found to comply with all requirements specified in this
chapter and any permit issued in accordance with this chapter.
CITY BUILDING OFFICIAL
The City Building Official of the City of Kalamazoo or his/her
duly authorized representative, who has completed the required EGLE
- SESC training and certification.
EARTH CHANGE
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 or a discharge
of sediment off-site. "Earth change" does not include the practice
of plowing and tilling soil for the purpose of crop production.
EROSION
The process by which land 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
that result from such activities.
FLOODPLAIN
That land area in proximity to a river, stream, lake, or
drain that may on occasion overflow and become inundated by floodwater
or storm runoff.
GRADING
Any stripping, excavating, filling, stockpiling or any combination
of such activities, and shall include the land in its excavated or
filled condition.
MUNICIPAL ENFORCING AGENCY (MEA)
The Department of Community Planning and Development, or
such subsequent department or division as the City Manager designates
in writing as having enforcement responsibilities under this chapter.
PERMIT
A permit issued to authorize work to be performed under this
chapter in accordance with Act 451, including rules promulgated under
Act 451.
STRIPPING
Any activity that removes or significantly disturbs the vegetative
surface cover including clearing and grubbing operations.
B. Words, terms and phrases used in this chapter, unless defined in
this section, shall have the meaning ascribed to them in Act 451,
including rules promulgated under Part 91.
Except with respect to an earth change for which no permit is
required, a certificate of occupancy for any building shall not be
issued unless the applicant first obtains a certificate of completion
from the MEA.
A. A landowner or designated agent who contracts for, allows, or engages
in an earth change in the City shall obtain a permit from the MEA
prior to commencement of an earth change which disturbs one or more
acres of land, or is within 500 feet of waters of the state as defined
by Act 451. A permit is not required for those activities that are
exempt from permits as specified in Sections 9115 and 9115a of Act
451 (See MCLA §§ 324.9115 and 324.9115a) and Michigan
Administrative Rules 323.1705 and 323.1706, as amended. Failure to
obtain a permit before initiating an earth change shall be deemed
a violation of this chapter.
B. A soil erosion and sedimentation control plan shall be prepared for any earth change identified in §
30-4A. The plan shall be designed to effectively reduce accelerated soil erosion and sedimentation and shall identify factors that may contribute to soil erosion, or sedimentation, or both. The plan shall further implement the soil erosion and sedimentation control procedures and measures prescribed by all sections of the Part 17 Rules (primarily set forth in Michigan Administrative Rules 323.1703, 323.1709 and 323.1710).
All application review and permit procedures shall be in accordance
with Act 451 and this chapter.
At the time of filing an application for a permit, a nonrefundable
fee shall be charged for plan review. Upon approval of the plans,
a permit will be issued and a fee shall be made for the permit, including
inspections. Fees will be in accordance with a fee schedule adopted
by resolution of the City Commission from time to time.
A. When a permit has been issued for an earth change related to unique
features presenting on the land, contour conditions, identified protected
areas, and/or the prior performance record of the contractor, the
permittee, at the discretion of the MEA, may be required to post with
the City a bond executed by the owner or the owner's contractor
issued by a surety authorized to do business within the state; provided,
however, that a bond shall not be required for single-family residential
units less than one acre in size.
B. The bond shall be in a form approved by the City Attorney, payable
to the City and in an amount sufficient to assure the installation
and completion of such protective and corrective measures as may be
required by the MEA. The bond may include penalty provisions for failure
to complete the work on schedule as specified in the permit.
C. Every bond shall include language requiring the permittee to comply
with all the provisions of this chapter and all terms and conditions
of the permit and to complete all work contemplated under the permit
within the time limit specified in the permit. If no time limit is
specified, the project shall be completed within 365 days after the
date of the issuance of the permit.
Not less than 10 days prior to the expiration date of a permit,
a permittee may present in writing to the MEA a request for an extension
where the permittee asserts that it is unable to complete the work
within the specified time. For good cause shown, the MEA may grant
additional time for completion, but no extension shall be treated
or interpreted as a release of the surety bond.
A. In the event of failure to complete work required as part of an approved
permit, the MEA may order such work as necessary to provide for effective
soil erosion and sedimentation control. The permittee and the surety
executing the bond shall continue to be firmly bound under a continuing
obligation for the payment of all necessary costs and expenses that
may be incurred by the City in causing any and all work to be done
to comply.
B. Notwithstanding other provisions of this chapter, the MEA may avail
itself all the rights provided under Act 451 in the event a permittee
fails to comply with an approved soil erosion and sediment control
plan or other permit conditions.
Permits shall not be issued where:
A. The proposed work would cause uncontrolled soil erosion and sedimentation;
or
B. The proposed work would cause hazards to the public safety and welfare;
or
C. The proposed work will damage any public or private property, interfere
with an existing drainage course so as to cause damage to adjacent
property, result in the deposit of debris or sediment on any public
way, waters of the state or create an unreasonable hazard to persons
or property; or
D. The land area in which work is to occur is subject to geological
hazard such 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
E. The land area in which the work is to occur is within the floodplain
of any stream or watercourse, unless a permit from the EGLE approving
the work accompanies the application and a hydrologic report prepared
by a professional engineer is submitted certifying that the proposed
work will have no detrimental influence on the public welfare or upon
the total development of the watershed; or
F. The proposed work unreasonably exposes the land to repeated disturbances.
Any modification of an approved plan must be submitted to and
approved by the MEA. All necessary supplemental reports shall be submitted
with the proposal to modify the approved plan. No work in connection
with any proposed modification shall be permitted without the prior
approval of the MEA.
During operations associated with the approved soil erosion
and sedimentation control plan, the permittee shall be responsible
for:
A. The prevention of damage to or sedimentation of waters of the state,
adjacent properties or public areas. No person shall grade on land
so close to a property line as to endanger any public street, sidewalk,
alley or any public or private property without supporting and protecting
such property from settling, cracking or other damage that might result.
Similarly, no person shall permit sediment or runoff to occur on public
streets, sidewalks, alleys or other public area.
B. Carrying out the proposed work in accordance with the approved plans
and in compliance with all the requirements of the permit, this chapter
and Act 451.
C. The prompt removal of any sediment that may inadvertently be deposited
in any lake, drain, stream or wetland.
D. The permanent control and restoration measures being implemented
at the site within five calendar days following final grading of the
site.
Persons carrying out soil erosion and sedimentation control
measures under this chapter, and all subsequent owners of the property
concerning which such measures have been taken, shall be liable to
maintain all permanent anti-erosion and sediment control devices,
retaining walls, structures, plantings, and other protective devices.
All grading plans and specifications, including amendments to
previously approved plans, shall include provisions for erosion and
sediment control in accordance with, but not limited to, the standards
contained in the current versions of Michigan Department of Transportation's
Soil Erosion and Sedimentation Control Manual or the Michigan Department
of Technology, Management and Budget's Soil Erosion and Sedimentation
Control Guidebook. Current copies of these publications shall be available
for public inspection in the office of the Building Official.
Where it is alleged that there is an error or misinterpretation
in any order, requirement, determination or interpretation made by
the MEA on non-Part 91 issues, the applicant may file an appeal with
the Construction Board of Appeals. Such appeal must be filed within
21 days of the issuance of the decision at issue. The Construction
Board of Appeals may, by a majority vote of its members serving, affirm,
reverse, or affirm with conditions the appeal consistent with the
general purposes and the intent of this chapter.
A. Representatives of the MEA may enter at all reasonable times in or
upon private property or public property for the purpose of inspecting
and investigating conditions or practices associate with the issuance
of a permit. If the MEA finds that the permittee has not complied
with Act 451 or this chapter and that the work does not conform to
the permit issued, a correction notice shall be issued. Contingent
on there being evidence of prompt corrective action the permit shall
stand. If timely corrective action is absent, the permit may be revoked.
The permittee shall be notified by mail of the MEA's determination.
The permittee shall immediately, and no later than five calendar days
following the issuance of the notice, implement and maintain soil
erosion and sediment control measures consistent with the approved
plans, Act 451, and this chapter. The permittee shall continue to
be firmly bound under a continuing obligation for the payment of all
necessary cost and expenses that may be incurred by the MEA in causing
any and all work to be done to comply with the regulations.
B. Upon satisfactory execution of all proposed earth change plans and
other requirements, the permittee shall file a written notice of completion
so that the MEA may make a final inspection and issue a certificate
of completion and release of the bond. If the project is to be completed
in different phases, the MEA may issue separate permits and certificates
of completion and bond release for each phase of the earth change
project.
C. Notwithstanding any other provision of this chapter, the MEA shall
have the right to avail itself to all enforcement mechanisms provided
for by the Act 451. All state rules and regulations promulgated under
Part 91 of the Act are hereby incorporated by reference into this
chapter.
A. Any person, firm or corporation who violates any provision of this
chapter is responsible for a municipal civil infraction and shall
be fined not more than $2,500 for each violation. A civil infraction
citation for a violation of this chapter may be issued by the Building
Official, or by such person as the City Commission or City Manager
may designate.
B. Each day a violation exists or continues shall be deemed as a separate
offense.
C. Any person, firm or corporation found responsible for a violation
of this chapter within two years of a prior conviction for a violation
of this chapter shall be fined an amount double the amount assessed
for the immediately preceding violation or the maximum fine permitted
by state law, whichever is less.
D. In addition to the remedies provided in this chapter, the MEA may,
following proper notification, enter the property for the purpose
of correcting or abating the violation in accordance with Act 451
and Michigan law.
E. In addition to fines assessed pursuant to this chapter, a person,
firm, or corporation found to be responsible for a violation shall
pay the MEA's actual costs, direct or indirect, for correcting
and abating the violation, and the actual costs, direct and indirect,
to which the MEA has incurred in correcting or abating the violation
to the extent permitted by law. In the event that the MEA is not reimbursed
for its costs within 30 days of the date it provides written notice
to the property owner(s), the fines and costs may be added to and
made a part of the next City tax bill against the subject premises
and may be collected in the same manner as provided by Michigan law
for the collection of City taxes on real estate.
In addition to any other remedies provided in this chapter,
the City or the MEA may also proceed against any person, firm or corporation
for a violation of this chapter by seeking injunctive relief and/or
damages.