[HISTORY: Adopted by the Township Board of
the Township of Grosse Ile 8-11-1980 by Ord. No. 137 as Ch. 20 of the Grosse
Ile Township Code; amended in its entirety 6-26-2006 by Ord. No. 06-04. Subsequent amendments noted where applicable.]
A.
The Township Board finds that, as an island community,
Grosse Ile Township possesses sensitive natural features that are
important to the community and the ecosystem of the Detroit River
and that development can have significant impacts to many of these
unique, and important natural resources.
B.
This chapter is intended to provide for the comprehensive
and systematic protection of natural resources and the environment
of Grosse Ile Township. It is also the intent of this chapter to provide
for the preservation and management of significant natural features
through:
(1)
Providing for Township review and approval of developments
that may have a significant impact on natural features, adjacent land
uses and the character of the community.
(2)
Assisting petitioners, reviewers, decisionmakers and
the general public in understanding how natural features may be identified,
evaluated, protected, managed and mitigated.
(3)
Providing a mechanism for identification and protection
of natural resources that contain elements of natural beauty, animal
habitat and geological, hydrological, ecological and historical characteristics
significant to the citizens of the Township.
(4)
(5)
Coordinating and supporting the enforcement of applicable
federal, state, and county ordinances and statutes, including, but
not limited to:
(a)
Michigan Environmental Protection Act (Act 347, Public
Acts of Michigan of 1972, as amended), which imposes a duty on government
agencies and private individuals and organizations to prevent or minimize
degradation of the environment which is likely to be caused by their
activities;
(b)
Goemaere Anderson Wetland Protection Act (Act 203,
Public Acts of Michigan of 1979, as amended);
(c)
The Federal Clean Water Act (33 U.S.C. § 1251);
(d)
Inland Lakes and Streams Act (Act 346, Public Acts
of Michigan of 1972, as amended);
(e)
Soil Erosion and Sedimentation Control Act (Act 347,
Public Acts of Michigan of 1972, as amended);
(f)
Flood Plain Control Act (Act 167 of the Public Acts
of Michigan of 1968);
(g)
Water Resource Commission Act (Act 245 of the Public
Acts of Michigan of 1929), as amended); and
(h)
Natural Resources and Environmental Protection Act
(Act 451 of the Public Acts of Michigan of 1994).
C.
This chapter includes requirements for an environmental
assessment, which is intended to accompany a site plan to specifically
address the anticipated impact of a proposed use on the natural features,
economic climate, social environment, public infrastructure and public
services in the Township. The assessment is intended to allow reasonable
use of property while ensuring the long-term community benefits associated
with preserving environmentally sensitive lands and aesthetic resources.
Unless the context otherwise requires, the definitions
in this section shall apply to and govern the construction of this
chapter:
Any use, operation, development or action involving a change
in, on or to uplands or bottomlands caused by any person, including,
but not limited to, constructing, operating or maintaining any use
or development; erecting buildings or other structures; depositing
or removing material; dredging; ditching; land balancing; draining
or diverting water; pumping or discharge of surface water; grading;
paving; vegetative clearing or excavation, mining or drilling operations.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, dredging,
filling, grading, paving, bridges, alteration to waterways, excavation
or drilling operations.
The physical and social conditions which exist within the
area and within the Township of Grosse Ile which will be affected
by a proposed project, including natural features, as defined (natural
environment), land uses, buildings, improvements and infrastructure,
including utilities, roads and public facilities (built environment),
social and economic conditions (socio-economic environment) and cultural/historic
resources.
A detailed statement or study setting forth the environmental
analysis and the results thereof required by this chapter. It shall
also include any comments on an environmental assessment which are
obtained or received or required to be obtained pursuant to this chapter.
An environmental assessment is an informational document or study
which, when its preparation is required by this chapter, shall be
finished and considered by the public agency prior to its approval
or disapproval of a project. The purpose of an environmental assessment
is to provide the public agency with detailed information about the
significant effects which a proposed project may or is likely to have
on the environment; to list ways or recommendations by which any adverse
effects of such a project might be minimized; to suggest or recommend
alternatives to such projects; and to insure that if the project is
approved, it will be constructed, completed or developed in a manner
consistent with the report and with the environmental recommendations,
if any, contained therein.
Any alteration of the existing conditions of the environment,
or the creation of a new set of environmental conditions, adverse
or beneficial, caused or induced in whole or in part, directly or
indirectly, by a proposed project.
An assessment that includes a comprehensive list of plant
species that occur on a site, based upon sampling, an identification
of the estimated probability that each plant species is likely to
occur in a pre-settlement landscape (coefficient of conservatism)
and an establishment of a floristic quality index based upon the aggregate
of all plant species on the site. Such assessment shall be prepared
based upon standards and guidelines adopted by the Township or the
Michigan Department of Environmental Quality.
Any one or more of the following: soils, topography, geology,
vegetation, woodlands, landmark tree, fish and wildlife habitat, floodplain,
watercourse, rivers, streams, creeks, ponds, wetland, groundwater,
watersheds, aesthetic resources, and microclimate.
Includes any person, firm, association, organization, partnership,
business, trust, corporation or company.
The Gross Ile Township Planning Commission.
Any use, operation, development or action involving a change
in, on or to uplands or bottomlands caused by any person, including,
but not limited to, constructing, operating or maintaining any use
or development; erecting buildings or other structures; depositing
or removing material; dredging; ditching; land balancing; draining
or diverting water; pumping or discharge of surface water; grading;
paving; vegetative clearing or excavation, mining or drilling operations.
The Township of Grosse Ile and its respective boards and
commissions, Wayne County, State of Michigan, United States Federal
Government.
An adverse impact on the environment that is greater than
the impact of other similar uses within the Township due to the increased
intensity of the proposed development or the presence of sensitive
or valuable environmental features on the site that will be adversely
impacted by development.
As defined in the Protection of Wetlands and Drainageways
Ordinance.[1]
The Grosse Ile Township Board.
As defined in the Protection of Wetlands and Drainageways
Ordinance.
As defined in the Protection of Wetlands and Drainageways
Ordinance.
As defined in the Woodland Protection Ordinance.[2]
A.
Approval of environmental assessment required. All
applications to Grosse Ile Township for the following approvals shall
be accompanied by an environmental assessment and an environmental
assessment checklist. Such study and checklist shall be prepared,
reviewed and approved meeting the requirements of this chapter.
(1)
Site plan approval from the Planning Commission under
the Zoning Ordinance[1] for any new use, or building or major expansion to an
existing non-single-family residential use (e.g., multiple-family
residential, commercial or industrial) where the expansion has the
potential to impact natural areas or natural features;
(2)
Special land use approval from the Township Board
under the Zoning Ordinance for the establishment of any new special
land use or major expansion to an existing special land use where
the expansion has the potential to impact natural areas or natural
features;
(3)
Rezoning approval from the Township Board under the
Zoning Ordinance;
(7)
Any crossing, construction or fill within a navigable
waterway that will impact navigation or aquatic habitat.
B.
Exemptions: The following categories of actions, which
do not individually or cumulatively have a significant effect on the
environment and, therefore, do not require the submission of an environmental
assessment or checklist for approval under this chapter:
(1)
Building permits for construction of a new single-family
and customary accessory structures or expansion to a single-family
residential dwelling;
(2)
Site plan approval by the Planning Commission under
the Zoning Ordinance for minor expansions to existing non-single-family
residential uses (e.g., multiple-family residential, commercial or
industrial), including accessory structures, where the use is permitted
under the Zoning Ordinance and the expansion is within an area of
the site that has been previously disturbed and does not contain natural
features;
(3)
Amended special land use approval from the Township
Board under the Zoning Ordinance for expansions or changes to existing
special land uses where the expansion is within an area of the site
that has been previously disturbed and does not contain natural features;
(4)
Building permits for interior construction or exterior
renovation of any building that is exempt from the site plan requirements
of the Zoning Ordinance;
(5)
Reuse of an existing building for a use permitted
in the zoning district;
(6)
Waterfront accessory structures that are in compliance
with the Zoning Ordinance and will not impact navigation or aquatic
habitat;
(7)
Ministerial projects proposed to be carried out by
the Township or other governmental agency;
(8)
Projects that the Planning Commission determines at
the time of a preapplication hearing will not to have a significant
effect on the environment due to the low-impact nature of the proposal
and the lack of natural features on the site; and
(9)
Emergency repairs to public service facilities necessary
to maintain service.
The following process shall be followed for
the review and approval of an environmental assessment. The process
shall run concurrently with the site plan, subdivision plat, rezoning
or other applicable review process.
A.
Natural features determination. The petitioner contemplating
a project requiring Township review is responsible for determining
whether natural features exist on the site. This determination can
be made by outside consultants retained by the petitioner. Township
staff will confirm these determinations during the review process.
B.
Plan and environmental assessment submission. The
Zoning Ordinance, Condominium Projects Ordinance and Subdivision Control
Ordinance specify what information must be shown on plans submitted
for Township review. The applicant shall submit the environmental
assessment and checklist along with any site plan, subdivision tentative
preliminary plat, or rezoning application and required fees to the
Community Development Department.
C.
Township staff review/analysis of alternative designs.
Community Development Department staff will coordinate the proposal's
review by various Township departments and consultants to provide
written review and recommendation to the Planning Commission.
D.
Planning Commission review and findings. Once information and plans submitted to the Township are complete, the formal public review process begins with the Planning Commission. Exact procedures for reviews before the Township Planning Commission and the Township Board are outlined in the Zoning Ordinance, Condominium Projects Ordinance and Subdivision Control Ordinance. The Planning Commission shall review the environmental assessment to determine that the data and analysis of the environmental assessment are complete. Once complete, the Planning Commission shall make one of the two following findings based upon the criteria of § 98-5:
E.
Planning Commission approval for projects with no significant impact. Upon a finding by the Planning Commission that a proposed project is not a project which may or is likely to have a significant impact on the environment or any impacts can be fully mitigated, such finding shall be included in an environmental assessment statement and the environmental assessment shall be approved or denied by the Planning Commission based upon the review criteria of § 98-6. The Planning Commission may thereafter proceed to either approve or disapprove the project; provided, however, that any approval of the proposed project shall take into consideration the information, recommendations and mitigation measures contained within the environmental assessment.
F.
Township Board review and approval required for a significant impact. Upon a finding by the Planning Commission that the proposed project may or is likely to have a significant impact on the environment, the Planning Commission shall, prior to approval or disapproval of the project, forward the environmental assessment to the Township Board for approval along with recommended mitigation measures to minimize the environmental impact of the project. Where significant environmental impacts will result from the proposed project, then the environmental assessment shall be approved or denied by the Township Board based upon the review criteria of § 98-6 and a finding that the mitigation measures proposed will minimize the level of impact to the maximum extent practical.
G.
Final approvals, permits and inspections. Following
approval of the environmental assessment and other approvals required
under applicable ordinances, permits shall be obtained from the Community
Development Department. All natural feature protection measures specified
in the approved plans must be installed and maintained on the site
throughout construction. Inspections shall be conducted to ensure
sedimentation and erosion controls and protective barrier fencing
are in place and maintained, limits of construction and barrier fencing
are being observed, pavements and streets are clean of soils, debris
is properly contained on the site, and site work is proceeding according
to plan.[1]
[1]
Editor's Note: A chart depicting the environmental assessment review process is included at the end of this chapter.
The criteria established under § 98-4 shall require a finding of "significant impact on the environment" if any of the following conditions exist:
A.
A proposed project will have an adverse impact on
the environment that is greater than the impact of other similar uses
within the Township due to the increased intensity of the proposed
development or the presence of sensitive or valuable environmental
features on the site that will be adversely impacted by development.
B.
A proposed project has the potential to degrade the
quality of the environment, curtail the range of the environment,
or the potential to achieve short-term, to the disadvantage of long-term,
environmental goals.
C.
The possible effects of a project are individually
limited but cumulatively considerable, including consideration of
any secondary land use changes that may result from the proposed action.
D.
The environmental effects of a project will cause
substantial adverse effects on human beings, either directly or indirectly.
In determining whether the proposed disturbance
or removal of natural features is limited to the minimum necessary
to allow a reasonable use of the land, the approving body shall apply
the following criteria:
A.
The environmental assessment is complete and contains all of the information and analysis required by § 98-7.
C.
The importance and overall value of a natural feature,
both on the site and on a Township-wide basis. In general, the importance
of a natural feature increases with its rarity, size, age and condition.
D.
The existence of overlapping natural features in one
area. Overlapping natural features increase the importance and overall
value for preservation of the area.
E.
The existence of edges between two habitats or natural
features. The edges between two natural feature types, such as the
area between an upland and a wetland or the edge between a woodland
and a prairie play an important role, particularly for animal life.
F.
The existence of natural greenway linkages. Natural
linkages across a site that connect habitat areas, follow a riparian
corridor or connect with natural features on adjacent sites should
be preserved.
G.
The impact of the proposed disturbance on the integrity
of ecological systems or the continuity between natural features.
Wherever possible, ecological systems and continuity between natural
features should be preserved.
H.
The impact on public services, facilities, roads,
utilities, and surrounding land and degree to which such impact shall
be mitigated.
K.
Applicant obtaining all federal, state and county
permits.
The environmental assessment required under
this chapter shall accompany a development application and specifically
address the anticipated impact of a proposed project on the natural
features, cultural resources, public infrastructure and public services
in the Township. The environmental impact study checklist shall also
be completed and submitted with the assessment. The following information
shall be provided in the environmental assessment. The level of detail
will vary based upon the scope and nature of the proposed project
and the presence of environmental features on the site. It is the
intent of this section that the environmental assessment focuses analysis
on natural features and environmental impacts that are pertinent to
the site and the proposed activity, and not generate large volumes
of extraneous analysis of environmental features that are not present
or are not to be impacted.
A.
Name(s) and address(es) of person(s) responsible for
preparation of the impact assessment and a brief statement of their
qualifications shall be provided. The report shall be prepared by
a professional qualified in the areas of ecology, botany, wildlife
biology, geology, or other relevant discipline acceptable to the Planning
Commission.
B.
A description of the proposed project, activity or
development shall be provided.
C.
Map(s) and a written description/analysis of the project
site shall be provided, including all existing structures, man-made
facilities, and natural features. An aerial photograph or drawing
may be used to delineate these areas.
D.
A site inventory shall be prepared that identifies
the location of existing environmental conditions and contains a written
description of their quality, character, and health, including the
following:
(1)
Environmental characteristics of the site prior to
development and following development, i.e., topography, soil series
and classification, geology, wildlife, woodlands, mature indigenous
trees with a six-inch caliper or greater, groundwater, wetlands, drainageways,
rivers, streams, creeks, ponds, and surface water quality. Documentation
by a qualified wetland specialist shall be required wherever the Township
determines that there is a potential regulated wetland. Written material
may be accompanied by reduced copies of the Existing Conditions Map(s)
or aerial photograph.
(2)
A floristic quality assessment shall be prepared to
evaluate the vegetation found on the site and identify the natural
significance of the habitat;
(3)
Map and description of site location in relationship
to the local drainage, including an identification of the drain, stream,
river or other tributary to which the site drains;
(4)
Surrounding zoning, land uses, buildings, and aesthetic
character;
(5)
Public facilities and services, including schools,
recreation facilities, police protection, fire protection and emergency
services that serve the site; and
(6)
Public utilities that serve the site, including water,
sanitary sewer, storm drainage, gas and electricity.
E.
The environmental assessment shall describe the impact of the proposed project on the existing site conditions described in Subsection D above, including the following. Detailed assessments are not required for impacts that are not applicable to a specific development proposal.
(1)
Disturbance to natural topography, soils and geology.
(2)
Removal of vegetation and woodlands and an outline
of woodland areas to be preserved.
(3)
Impact to fish and wildlife habitat.
(4)
Alteration to surface drainage and groundwater recharge.
(5)
Impact to rivers, channels and streams, including
flow, flood stages, water temperature, stream bank erosion, crossings
and quality for fish.
(6)
Impact to wetlands, both in terms of direct impact
of crossings/fill and impacts from developing surrounding uplands
that contribute surface flows to the wetlands.
(7)
Description of how the proposed use conforms or conflicts
with existing and potential development patterns or potential negative
impact to adjacent properties. Such assessment shall include compatibility
with current and planned adjacent development, conformance with the
Township Master Plan; lighting impact to adjacent properties; any
increase or reduction in air pollutants; noise levels generated by
the use with a level exceeding 55 decibels at the property line and
the suitability of the site's ambient noise levels for the proposed
use; modification to the aesthetic character of the area, and obstruction
of views or sunlight.
(8)
Description of the number of expected residents, employees,
visitors or patrons, and the anticipated impact on public schools,
recreation facilities, police protection, fire protection and emergency
services.
(9)
The method to be used to serve the development with
water and sanitary sewer facilities; the method to be used to control
drainage, both temporary and permanent on the site and from the site,
including runoff control during periods of construction. For projects
served by public sanitary sewer or public water systems, calculations
for pre- and post-development flows shall be provided in comparison
with sewer line capacity.
(10)
A description of any hazardous substances expected
to be used, stored or disposed of on the site. The information shall
describe the type of materials, location within the site and method
of containment.
When environmental conditions are to be significantly
impacted, or natural features are proposed to be removed, or disturbed,
an examination and consideration of ways in which the proposed project
can be modified to eliminate or minimize any adverse environmental
impacts and to enhance environmental quality shall be provided. The
analysis shall include consideration of no project and consideration
of positive and negative effects of any such modification in relation
to the design, use, location, cost and timing of the proposed project
and its implementation. The alternative analysis report shall contain
the following:
A.
Alternative development plans that were considered
which would limit the disturbance or removal of environmental conditions
and natural features on and adjacent to the site.
B.
Justification for selecting the proposed plan, including
a written explanation as to why the proposed disturbance or removal
is the minimum necessary to reasonably accomplish the permitted use.
C.
A mitigation plan, consisting of a written and graphic
description of the proposed measures to mitigate the removal or disturbance
of environmental conditions or natural features.
A.
When a site plan or plat proposes that natural features
be removed or disturbed, the following mitigation measures shall be
shown on the site plan or plat:
(1)
Wetlands. Wetland mitigation shall be provided meeting
the requirements of the Michigan Department of Environmental Quality.
(2)
Endangered species habitat. Endangered species habitat
shall be mitigated in accordance with the Michigan Natural Resources
and Environmental Protection Act, 1994 PA 451, as amended.
(3)
One-hundred-year floodplain. Floodplain areas shall
be mitigated to provide no net loss of flood storage capacity and
shall comply with any conditions of a valid permit from the Michigan
Department of Environmental Quality in accordance with the Michigan
Natural Resources and Environmental Protection Act, 1994 PA 451, as
amended. If mitigation is proposed off site, it shall be located in
the same watershed as the development site.
(5)
Steep slopes. Disturbed areas of steep slopes shall
approximate the natural terrain and be planted with native vegetation
at the completion of construction. No new drainage may be directed
over areas of disturbed slope.
(6)
Watercourses. Mitigation for disturbance of watercourses
shall be provided according to the requirements of a valid permit
from the Michigan Department of Environmental Quality in accordance
with the Michigan Natural Resources and Environmental Protection Act,
1994 PA 451, as amended, or the Army Corps of Engineers, as applicable.
(7)
All natural features. Disturbed areas to be reestablished
shall be planted with species native to Michigan and characteristic
of the plant communities of the areas before disturbance. The density
and coverage of vegetation (except trees) shall be such that it will
approximate the density and coverage before disturbance within three
years after planting.
(8)
Hazardous materials. Any use that involves hazardous
materials shall provide proper handling procedures and safety precautions
necessary to comply with Township, county, state and federal regulations.
This shall also include a pollution incident protection plan.
(9)
Traffic impact. Mitigation shall be provided for traffic
impacts.
(10)
Infrastructure. The development shall include the
necessary utility and public facility improvements to support the
proposed use and not adversely impact the development potential of
other property in the area (i.e., not overload capacity or consume
more than a proportionate share of the available public infrastructure
capacity).
(11)
Socioeconomic and built environment. The development
shall include such elements necessary to be compatible with and not
adversely impact the character of the area adjoining property.
B.
The mitigation measures shown on the site plan or
plat shall include:
(1)
A written description of the mitigation program.
(2)
Replacement calculations.
(3)
Planting plan, showing the location of trees, shrubs
and ground cover.
(4)
Plant list, including botanical and common names,
caliper sizes, root type, and height.
(5)
Plans for necessary infrastructure improvements.
(6)
Timing schedule for the implementation of the mitigation
measures.
(7)
A monitoring plan shall be provided to document the
establishment of plants and hydrology, as applicable, ensure long-term
maintenance of the mitigation. Annual reports shall be provided to
the Community Development Department for three years following installation
of mitigation.
C.
Mitigation of natural features shall be provided on
site. However, where mitigation cannot be accomplished on the site,
all or part of the mitigation may be provided on public land within
the Township if approved as part of the site plan or plat. Plans for
off-site mitigation shall be included as part of the site plan or
plat approval.
Natural features shown on a site plan or plat
that are to be preserved shall be protected during construction. The
following protection measures shall be shown on a drawing provided
as part of the site plan or plat and followed during construction:
A.
Protection measures for wetlands shall be provided
as required by the Wetlands and Drainageways Ordinance.
B.
Any woodland or historic/landmark/specimen trees shall
be protected as required by the Woodlands Ordinance.
C.
Prior to any development, clearing or other activity
for which a permit is required, barrier fencing shall be installed
to restrict access to protected natural features.
(1)
Barrier fencing, such as snow fencing or similarly
sturdy fencing, shall be provided at the limits of soil disturbance
adjacent to natural features and at the edge of any open space identified
on the site plan or plat to remain natural.
(2)
Wood rail fencing shall be provided around the perimeter
of the critical root zone of historic/landmark/specimen trees which
are located within a disturbance area.
(3)
No filling, excavating or storage of materials, debris
or equipment shall take place within the fenced areas.
(4)
Barrier fencing shall be a minimum of four feet in
height and shall remain in place in good condition until it is authorized
to be removed by the Community Development Department.
Any use which involves the use of large quantities
of hazardous materials shall be required to include a materials management
plan as an appendix of the environmental assessment for the safe use,
recycling and disposal of such substances. Any use that involves fuel
services and use or storage of large quantities of hazardous materials
shall comply with the following requirements:
A.
Materials management plan. A materials management
plan shall be submitted that provides documentation for the following,
with appropriate correspondence from the Michigan Department of Environmental
Quality, Michigan State Police Fire Marshal, Grosse Ile Township Fire
Department and Wayne County:
(1)
Description of storage of any potentially hazardous
materials, including common name, name of chemical components, material
safety data sheets, location, maximum quantity expected on hand at
any time, type of storage containers or base material, and anticipated
procedure for use and handling;
(2)
Description of any transportation, on-site treatment,
storage or disposal of hazardous waste generated in quantities of
250 gallons or 2,200 pounds per month;
(3)
Description of any secondary containment measures
proposed, including design, construction materials and specifications,
volume and security measures;
(4)
Description of any discharge of any type of wastewater
to a storm sewer, drain, river, stream, wetland, other surface water
body or into the groundwater; and
(5)
Name and phone number(s) of person(s) responsible
for materials and available 24 hours, in case of detected spill or
other incident.
B.
Secondary containment. Establishments using, storing
or handling hazardous material have provided secondary containment
facilities and provide documentation of compliance with state and
federal regulations, as required. Underground storage tanks shall
be provided with noncorrosive double linings and leak detection systems.
C.
Permits. Any necessary state permits for discharge
of wastewater, storage of flammable or combustible liquids in above-
or below-ground containers or storage of other hazardous materials
shall be included as an appendix to the environmental assessment.
A.
Disturbance to natural feature. No person shall construct,
install or place any building or site improvement or remove or disturb
any natural features for which site plan or subdivision plat approval
is required, unless the approvals required by this chapter and any
necessary permits have first been obtained.
B.
Nuisance. Any use or activity in violation of the
terms of this chapter is declared to be a nuisance per se, and may
be abated by order of any court of competent jurisdiction. The Township
Board, in addition to other remedies, may institute any appropriate
action or proceeding to prevent, abate, or restrain the violation.
All costs, fees, and expenses in connection with such action shall
be assessed as damages against the violator(s).
C.
Enforcement. If activities are conducted contrary
to a use permit issued under this chapter or other applicable laws
or ordinances, the Township Community Development Department shall
give written notice to the permit grantee, or if a permit has not
been issued, then to the person conducting the activity, notifying
the person of the violation of the permit, this chapter, or other
applicable law or ordinance, and to appear and, show cause why the
activity should not be stopped. If the permit grantee or the person
conducting the activity fails to appear and show cause within one
workday after notice is delivered, the Community Development Department
shall cause a written order to stop the activity to be posted on the
premises. A person shall not continue or cause or allow to be continued
activity in violation of such an order, except with permission of
the enforcing agency to abate a dangerous condition or remove the
violation, or except by court order. If an order to stop is not obeyed,
the enforcing agency may apply to the Circuit Court of Wayne County
for an order enjoining the violation of the order. This remedy is
in addition to, and not in limitation of, any other remedy provided
by law or ordinance.
D.
Compliance with other laws. State and federal government
laws and regulations governing development in wetlands, in floodplains,
in watercourses, on bottomlands, and in the vicinity of rare, threatened
or endangered species of plants or animals shall be complied with.
Copies of approved permits must be submitted to the Township prior
to site plan or tentative preliminary plat approval.
E.
Certificate of occupancy. A certificate of occupancy
shall not be issued for a property unless all required site improvements,
including those associated with the protection and mitigation of natural
features, have been installed and these improvements approved by the
Community and Economic Development Director, or designee. The property
owner shall have a continuing obligation to maintain required site
improvements, natural features to be preserved, and natural features
mitigation in a good condition.
F.
Appeal. An appeal may be made by any person from a
decision of the Planning Commission or Community Development Department
in administering this chapter. Such an appeal shall be made to the
Township Board which shall have the authority to approve, reverse
or modify any such decision or recommendation.
The Planning Commission shall charge a reasonable
fee to any person proposing a project subject to the provisions of
this chapter which shall recover the estimated and actual costs to
be incurred by the public agency in preparing any environmental assessment
statement and any environmental assessment required for such project,
and to recover the costs to be incurred for consultation with any
person who has special expertise with respect to any environmental
impact involved in the project. Such fees shall be established and
paid prior to the Commission undertaking any environmental evaluation
or any portion thereof with respect to the project.
