The purpose of this article is to regulate dredging
and shoreline filling and the construction of waterfront structures
and appurtenances along, abutting upon or extending into the Detroit
River, canals and waterways in the Township in order to:
A. Promote public health, safety, and general welfare;
B. Encourage the use of lands, waterways and natural
resources in the Township in accordance with their character and adaptability;
C. Provide for the orderly development of the Township;
D. Protect and enhance the values of the waterways within
the Township;
E. Protect the economic value of this scenic resource
from unwise and disorderly development which may adversely pollute,
destroy or otherwise impair its beneficial use and preservation;
F. Protect boating, recreational values and uses of the
waterways;
G. Reduce hazards to life and property;
H. Limit use of the shore to passive recreation and access
to the water that does not interfere with reasonable use of the waters
by other riparian owners;
I. Prevent ecological and aesthetic damage to the Township's
shorelines and waterways which may result from overcrowding and overuse;
J. Preserve and maintain the scenic views of the shoreline
and further promote scenic views of the waterways as the predominant
waterfront characteristic;
K. Establish the location and size of waterfront structures
which may hereafter be erected or altered; and
L. Provide rules and regulations for the construction
of such waterfront structures.
Principal uses and special land uses are identified
within each zoning district.
A. Waterfront structures and appurtenances are a permitted
accessory use to a permitted principal use of waterfront property
provided the use is limited to recreational and personal use of the
principal user (occupant) and family members residing with the principal
user of the property. No structure will be approved without an existing
primary structure on the parcel.
B. Waterfront yard swimming pools are subject to the conditions covered under §
285-17.4C of these regulations and Chapter
241, Swimming Pools.
C. Boat clubs shall be permitted as special land uses in the R-1-A, R-1-B, R-1-D, R-2 and R-3 Districts, subject to the regulations set forth in those districts and approval requirements set forth in Article
21, Site Plan Review, and Article
22, Special Land Use Review.
D. The use of a waterfront yard within 25 feet of the
shoreline for composting or the disposal of yard waste shall be prohibited.
The following requirements apply to all waterfront
structures and appurtenances:
A. Waterfront structures and appurtenances.
[Amended 4-8-2013 by Ord.
No. 13-001]
(1)
Permitted structures and appurtenances.
(a)
The following structures and appurtenances shall be permitted,
provided that, individually or collectively, the structure(s) and
appurtenance(s) shall not be closer than six feet to a side lot line,
and provided further that such structure(s) and appurtenance(s) shall
be installed so that the boat lifted, stored, docked or moored is
a minimum of six feet from any side lot line:
[1] Piers, including floating types;
[3] Flush mount, bottom davit and swivel hoists in
boat ports not having a roof;
[5] Spring or mooring piles, ice cluster; and
[6] Unenclosed boat port/well without a roof.
(b)
Lifting devices, including the structures and appurtenances listed under Subsection
A(1)(a)[3],
and
above, shall be prohibited in the R-1-F District.
(2)
A maximum of two uncovered and unenclosed boat ports/wells are
permitted per residential lot, and shall be designed and constructed
as a unit.
(3)
A maximum of two hoists or other out-of-water lifting devices
are permitted per residential lot, and shall be designed and constructed
as a unit.
(4)
All piers, pilings, or other construction in, over or upon any
waterway in the Township shall be constructed to leave a minimum of
30 feet clearance and right-of-way for the free passage of watercraft,
measured a minimum of 15 feet in a perpendicular direction from the
center line of the navigable channel or the center of the waterway,
whichever distance is less.
(5)
Waterfront structures located along the shore of any interior
canal shall not extend into the canal more than 12 feet from the shoreline
(excluding cut-in wells).
(6)
Bulkheads or seawalls are permitted, provided they meet the requirements of the MDEQ and the ACOE and subject to the requirements of §
285-17.4E.
(7)
Applications to construct waterfront structures and appurtenances shall be subject to review, and approval procedures outlined in §
285-17.5A, herein.
(8)
Construction or installation of structures and appurtenances
shall not obstruct the natural flow of water or access of boaters
to:
(a)
Adjoining or nearby parcels;
(9)
All permitted structures and appurtenances shall be kept safe,
secure and in good repair.
(10)
All lighting attached to waterfront structures shall be limited
to 100 watts, except in the R-1-F District where the maximum shall
be 60 watts, and shall be downward directed and shielded so as to
not cast light on adjacent lots or public roadways.
(11)
Storage of any boats, vehicles, or materials other than construction
materials relating to an approved permit is not permitted between
the shoreline and East River Road, south of Horsemill and north of
Manchester; between the shoreline and West River Road, south of Horsemill
and north of Groh Road.
(12)
Driveways, loading areas, parking lots, parking areas, or parking
spaces shall not be permitted between the shoreline and East River
Road, south of Horsemill and north of Manchester; between the shoreline
and West River Road, south of Horsemill and north of Groh Road.
B. Number of boats and structures.
(1)
The allowable accessory use of the waterfront shall be limited to the mooring of not more than one boat and one personal watercraft for every 33 feet of water frontage to a maximum of three boats and three personal watercraft. Boats that are carried on a larger boat and not moored in the water (e.g., a dinghy carried on a larger boat) shall not be counted towards the maximum number of allowable boats. Such accessory use of the waterfront shall meet the requirements of §
285-17.3.
(2)
The number of structures is limited to the extent such structures serve the number of boats permitted in Subsection
B(1), except for lifting devices which are otherwise limited to a maximum of two by Subsection
A(2) and
(3).
(3)
Any storage or dockage of four or more boats shall be considered a boat club, allowed only after special land use approval in the R-1-A, R-1-B, R-1-D, R-2 and R-3 Districts, and subject to the regulations set forth in Article
3, Single-Family Residential Districts, and approval requirements set forth in Article
22, Special Land Use Review. A boat club shall require a marina operating permit from the Michigan Department of Environmental Quality. Such permit shall be issued and a copy provided to the Township prior to the Township taking action on the special land use.
(4)
The rafting or anchoring of boats within 15
feet of the middle of the navigable channel shall be prohibited.
C. Swimming pools. Except in the R-1-F District, where such structures are prohibited, swimming pools in waterfront yards shall be permitted as an accessory use to a principal use, subject to Chapter
241, Swimming Pools, yard and bulk regulations of the zoning district, and the following conditions:
[Amended 4-8-2013 by Ord.
No. 13-001]
(1)
Only belowground swimming pools shall be permitted in the yard
facing the waterfront on lots which front on either the Detroit River
or a canal.
(2)
Proposed swimming pools shall be subject to the requirements and procedures as set forth in §
285-17.5. In reviewing a plan for a proposed swimming pool and related improvements, including landscaping, the following shall be considered:
(a)
All pools and related improvements must maintain minimum setbacks
of 10 feet from any property line, and 25 feet from the shoreline.
(b)
The total of all improvements constructed in a waterfront yard,
including the pool enclosed by a fence, shall not exceed thirty-percent
coverage of the waterfront yard.
(c)
The pool shall not be constructed within a floodway as defined
by federal flood insurance regulations.
(d)
All mechanical and support equipment shall be located on the
side of the pool nearest to the principal structure and shielded from
view of neighboring properties.
(e)
The design and size of the proposed pool shall minimize the
impact on existing natural and man-made features of the site and adjoining
properties.
(f)
Pool fencing shall be provided to completely enclose the pool and shall be located not more than 10 feet from the perimeter of the pool. Pool fences shall be four feet above the natural grade at its base. Fences shall be nonobscuring in nature. All pool fences shall also meet the requirements of Chapter
241, Swimming Pools.
(g)
The placement of the pool and related improvements, including
landscaping, shall not obscure the view to open water from any adjoining
residence.
D. Clear vision triangles. Each lot shall maintain clear
vision triangles along both side lot lines between the average shoreline
setback and the shoreline as described below. Within such clear vision
triangles, the planting of a continuous row of shrubs, evergreen trees
or other vegetation that obscures views along the shoreline (e.g.,
hedgerow or green fence) shall not be permitted. Such triangles shall
be bounded by the following sides, as illustrated in Figure 17:
(3)
A line that commences at the intersection of
the side lot line and the average shoreline setback and runs towards
the shoreline at a thirty-degree angle from the side lot line.
E. Shoreline fill, dredging and construction of bulkheads
or seawalls. Construction of bulkheads or seawalls along the Detroit
River and all interior canals and waterways shall be permitted, subject
to the following conditions:
(1)
Any fill, dredging, or construction shall not
extend beyond the bulkhead line as established by review of the Michigan
Department of Environmental Quality.
(2)
Shoreline fill, dredging, or construction of
bulkheads or seawalls shall be permitted for the following:
(a)
To stabilize the shoreline;
(b)
To improve access to the water;
(c)
To protect or improve the natural flow of water;
and
(d)
To improve the aesthetic value of the property.
(3)
In no case shall shoreline fill, dredging, or
construction of bulkheads or seawalls impede the natural flow of water
or obstruct the access of boaters to deeper waters.
(4)
No bulkhead, seawall or fill shall project beyond
an existing bulkhead, seawall or shoreline in such a manner as to
interfere with the normal flow of water, result in the deposit of
debris, or cause a hindrance to navigation.
(5)
Proposed fill shall avoid the appearance of
being "added on." Any extension of land shall blend into the existing
shoreline in a natural appearing manner.
(6)
Applications for shoreline fill, dredging, or construction of bulkheads or seawalls shall be subject to review and approval procedures outlined in §
285-17.5 herein.
(7)
Prior to the final inspection of the project
for shoreline filling or construction of bulkheads or seawalls, the
land shall be graded and seeded so as to provide proper drainage within
the applicant's property, away from buildings, and to leave the surface
fit for other land uses permitted in the district. The grade must
be established within 90 days of the completion of construction.
(8)
Any grading, excavating, filling, land balancing or similar activity shall conform to the grading regulations set forth in Chapter
124, Grading.
F. Other structures. Other accessory structures shall be permitted where Article
19, General Provisions, specifically provides for these structures in the waterfront yard.
[Added 9-12-2011 by Ord.
No. 11-03]
Applications to construct any waterfront structures
or appurtenances permitted by this article, to fill along the shoreline,
to construct, repair, or demolish a bulkhead or seawall or to dredge
any waterway shall be subject to the following public hearing, review,
and approval procedures:
A. Waterfront application. Applications shall be accompanied
by two sets of sketch plans, drawn to a scale of one inch equals 20
feet or greater scale, which shall show the following information:
(1)
Existing bulkheads, seawalls, waterfront structures
and appurtenances on the property, adjacent to the applicant's property
and across the navigable channel within 200 feet of the proposed structures,
appurtenances, or docks and the location of the boat to be lifted,
docked or moored.
(2)
The following information regarding the channel:
(a)
The approximate depth of water along the shore;
(b)
The width and center of the channel, measured
between the shorelines or any protruding waterfront structures;
(c)
The approximate location, width and depth of
the navigable channel; and
(d)
The relation of existing rights-of-way for free
passage of watercraft on canals and interior waterways.
(3)
Designation of all property lines along with
the method used to verify the location of the property lines.
(4)
Proposed structures, appurtenances, docks, bulkheads
or seawalls and the location of the boat to be lifted, stored, docked
or moored.
(5)
Location of any proposed alteration to topography
of waterfront land and the quantities and type of shoreline fill materials,
if proposed.
(6)
Time frame for completion of the project.
(7)
The name and address of each adjoining property
owner.
(8)
Where shoreline fill or construction of new
bulkheads or seawalls (not including repair or replacement of existing
bulkheads or seawalls in same location) is proposed, cross sections
and topography at two-foot contour intervals, referenced to United
States Lake Survey and USGS benchmarks, shall be provided for existing
and proposed topography of waterfront land, proposed grades to adjoining
property, and the depth of water along the shore.
(9)
Where dredging is proposed or where the location
of the center of the navigable channel deviates by more than 15 feet
from the center line of the channel (measured between the shoreline
or protruding waterfront structures), cross sections and topography
at two-foot contour intervals, referenced to United States Lake Survey
and USGS benchmarks, shall be provided for the location, width and
depth of the navigable channel.
(10)
Application for a waterfront structure, shoreline
fill or construction of bulkheads or seawalls shall be referred to
the Michigan Department of Environmental Quality, Wayne County Soil
and Sedimentation and United States Army Corps of Engineers for approval.
No Township permit shall be issued without verification of receipt
of the above permits.
B. Public review procedure.
[Amended 4-19-2012 by Ord. No. 12-02; 5-9-2022 by Ord. No. 22-02]
(1)
In the case of waterfront applications for permits, and only
after the receipt by the Township of Michigan Department of Environmental
Quality, Wayne County Soil and Sedimentation, and United States Army
Corps of Engineers approvals, the Zoning Administrator shall send
a notification to each property owner within 500 feet along the waterway
and along both sides if it is a channel internal to the Township,
advising them of the application, its availability for review for
a twenty-one-calendar-day period, and that they may request review
by the Planning Commission within 21 calendar days of the date of
the notice. The Zoning Administrator may also refer an application
to the Planning Commission where it is unclear if the application
meets the requirements of this chapter.
(2)
If Planning Commission review is requested, the Zoning Administrator shall provide the property owner notice in the same manner as described in Subsection
B(1) above.
C. Review procedure. If no request is made for a hearing during the notification period, the Zoning Administrator shall take action on the application, except that the Planning Commission sketch plan approval, as outlined in Article
21, shall be required for the following:
(1)
Applications to establish a pierhead affecting
more than a single lot;
(2)
Proposals for waterfront development where Planning
Commission review is specifically required;
(3)
Applications for waterfront development that
are referred to the Planning Commission by the Zoning Administrator
at the request of a property owner or for a determination of compliance
with this chapter; and
(4)
Joint applications involving more than one owner
or one parcel.