[HISTORY: Adopted by the Township Board of
the Township of Grosse Ile 8-11-1980 by Ord. No. 137 as Ch. 24 of the Grosse
Ile Township Code; amended in its entirety 6-9-2003 by Ord. No. 03-10. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The removal or movement of soil, sand, stone, gravel, or
fill dirt except for common household gardening, farming, and general
ground care.
A deposit of soil or rock placed or replaced by people or
machine which raises an existing elevation.
Soil, sand, gravel, clay, peat, debris and refuse, waste
of any kind, or any other material which displaces soil or water or
reduces water retention potential.
Any stripping, excavating, filling, stockpiling or any combination
thereof, and shall include the land in its excavated or filled condition.
A permit issued to authorize work to be performed under this
chapter.
A vertical or near vertical wall structure constructed of
masonry, wood, concrete or other similar materials that forms a structural
barrier that is above ground on one side and is used to retain and
stabilize earth located on the other side of the wall. For the purpose
of this chapter, the definition of "retaining walls" shall not include
seawalls or riprap constructed in accordance with the waterfront provisions
of Article 17 of the Zoning Ordinance[1] or foundation walls that are part of a building.
A.
Grading permit. Any person desirous of improving,
grading, excavating, filling, or otherwise making any surface alterations
on any property within the Township of Grosse Ile shall first obtain
a grade permit from the Township Department of Community Development.
Any improvement, grading, excavation, fill or other surface alteration
shall be in accordance with the grade permit and the approved application
filed for such permit. No permit shall be required for minor changes
in the grade of improved property where the storm drainage pattern
on the property is not altered by such minor grade changes.
B.
Retaining walls. The construction of any retaining
wall over one foot in height located within the minimum required front,
side or rear yard, as specified in the Zoning Ordinance, shall require
a permit under this chapter. The construction of any retaining wall
over two feet in height located within the lot's building envelope,
as specified by setbacks required in the Zoning Ordinance, shall require
a permit under this chapter.
The permit fee shall be as established by the
Township Board and shall be posted or made available at the Township's
Department of Community Development.
A.
A grade plan shall be submitted with an application for a grade permit where topographical information has not been previously submitted on a site plan or plat or is inadequate on the subject property. Prior to issuance of a grade permit, the grade plan shall be approved by the Township Engineer, provided that the construction, enlargement or alteration of any sea walls, boat wells, or fill in relation thereto, on the spillways or floodplains of any natural streams or watercourses shall be permitted only in accordance with the provisions of Chapter 285, Zoning. Grade plans may be included with a plot plan or may be submitted as a separate plan. Grade plans prepared by a registered engineer or surveyor shall be required when requested by the Department of Community Development.
B.
Grade plans shall show the elevation of the grade
at existing and proposed structures on the property and existing grade
at the nearest side of structures on adjacent property. They shall
also show sufficient existing and proposed elevations on both the
property to be improved, including the four corners, and on as much
of the adjacent property as is necessary in order to establish the
proposed surface drainage pattern. All elevations shall be based on
U.S. Coast and Geodetic Survey datum. Elevation and location of the
bench mark which was used for determining the elevations shall be
shown on the plan. Retaining walls shall be illustrated with construction
details provided.
A.
The final building grade permitted by the Township's
grade permit shall be established and maintained at an elevation that
will provide a minimum five-percent slope away from splash blocks
at the building or house for a minimum distance of 10 feet, and the
balance of the building or house site shall be graded to provide positive
surface drainage from that point to the street, ditch or other drainagecourse.
Where the distance between the house and the lot line is less than
10 feet, the slope and grading will be as approved by the Township
Engineer.
B.
Finished grades shall maintain relationship to existing
topography to the maximum extent practical. Grades shall be maintained
in relationship to adjacent properties such that there are not significant
changes in grade from one lot to another that require the use of retaining
walls between adjacent lots beyond what is permitted under this chapter.
The existing watercourse on adjoining properties shall not be altered
without prior approval of the owners thereof.
A grade plan drawn by a registered engineer
or surveyor of any proposed subdivision showing the topography of
the area to be platted and indicating the existing drainage pattern
and the proposed surface drainage from each parcel or lot shall be
submitted with the preliminary subdivision plat. Drainage easements
shall be provided across private property where necessary for handling
surface drainage from adjacent properties.
Grades for residential properties may be approved
by the Township's Building Inspector after visual on-site inspection.
Grades around large buildings, such as churches, schools, offices,
businesses, parking lots, etc., shall be approved by the Township
Engineer. Before final inspection is made and a certificate of occupancy
is issued, the rough grading must be completed, allowing for bringing
the premises up to grade by the addition of topsoil, sod, and other
landscaping. Final grading shall be completed within one year after
the certificate of occupancy is issued.
A.
Areas where retaining walls are allowed. Retaining
walls shall be permitted to be constructed on a lot as follows:[1]
|
Area of Lot (a)
|
Height Limit (b)
| |
|---|---|---|
|
Within 25 feet of principal building footprint
and within building envelope defined by setbacks
|
No limit (c)
| |
|
Within building envelope defined by setbacks
but not within 25 feet of principal building footprint
|
4 feet
| |
|
Within minimum required setback distances from
lot lines
|
Height equal to setback from lot line up to
a maximum of 2 feet (d)
| |
|
Within waterfront yards between shoreline and
principal building
|
4 feet (e)
|
|
NOTES:
| ||
|
(a)
|
As defined under the Township Zoning Ordinance.
| |
|
(b)
|
Walls taller than four feet shall be required
to be stepped in multiple tiers.
| |
|
(c)
|
Height limited by Building Code and review of
engineering plans.
| |
|
(d)
|
Total length of retaining walls along a lot
line may not exceed 30% of lot line length, except in the waterfront
yard as provided for in Note (e) below.
| |
|
(e)
|
Retaining walls within the required waterfront
yard shall generally be parallel to the shoreline, provided that short
segments of the wall may be perpendicular to the shoreline to allow
for variations in the wall. Retaining walls shall not be permitted
parallel to side lot lines except for short segments along the sides
where the waterfront yard is stepped, as shown in the graphic.
| |
 | ||
[1]
Editor's Note: Drawings depicting the area
of allowed retaining walls are included at the end of this chapter.
B.
Retaining wall construction standards.
(1)
Relationship to grade. Retaining walls shall be utilized
only where needed to stabilize steep slopes, establish grade for buildings
and accessory structures, preserve grade around trees, wetlands or
other natural features to be preserved or as part of a grading plan
to establish positive drainage from a site. Retaining walls shall
not be constructed in a manner that alters natural drainage between
properties or creates the need for mechanical drainage systems.
(2)
Building materials. Retaining walls shall be constructed
of stone, brick, interlocking decorative concrete block, wood or other
similar quality material approved by the Building Inspector. The use
of broken concrete for retaining walls shall not be permitted.
(3)
Building Code compliance. All retaining walls shall
be constructed in accordance with the Building Code.
(4)
Site restoration. Upon the completion of the retaining
wall, all areas above and below the retaining wall shall be planted
with grass or other suitable living plant material, except where pavement
or decks are provided.
(5)
Retaining walls within floodplains. Retaining walls
shall be permitted to elevate building sites and accessory structures
above the one-hundred-year floodplain elevation, provided that retaining
walls shall not interfere with the flow of floodways and shall not
cause increased flooding of adjacent properties.
C.
Existing retaining walls. This chapter shall not prohibit
the maintenance of existing retaining walls that do not meet the requirements
of this chapter, but were constructed prior to the effective date
of this chapter.
An individual who desires a waiver or modification to the standards of this chapter may petition the Township Zoning Board of Appeals for a hearing on such request. Such request shall be processed and hearing noticed following the procedures of Chapter 285, Zoning, Article 23. In reviewing the request, the Zoning Board of Appeals shall consider the following:
A.
Practical difficulties. Compliance with the strict
letter of the regulations would create practical difficulties and
unreasonably prevent the establishment of a finished grade or drainage
necessary to develop the property for a permitted use.
B.
Extraordinary circumstances. There are exceptional
or extraordinary circumstances or physical conditions applicable to
the property involved, such as natural features, unusual grades on
the property, or adjacent property or drainage problems that do not
apply generally to other properties in the Township. The conditions
resulting in a request cannot be self-created.
C.
Public safety and welfare. The granting of a waiver
or modification will not create a hazardous condition, increase the
risk of erosion or create drainage or flooding problems on adjacent
or other nearby properties.
D.
Drainage. Granting a waiver shall not have an adverse
impact on the drainage of the site and adjacent lots and shall not
disrupt natural drainage patterns or flow of floodwaters. The granting
of a waiver or modification will not be contrary to the Township Floodplain
Ordinance.[1]
E.
Natural features. The granting of a waiver or modification
will minimize impact on natural features. The Zoning Board of Appeals
may specifically grant modifications to this chapter for retaining
walls utilized to minimize disturbance to woodlands or wetlands.
F.
Neighborhood character. The granting of a waiver or
modification will not impact views from adjacent properties or alter
the essential character of the neighborhood.
G.
Building and engineering standards. The granting of
a waiver or modification will not be contrary to the Building Code
or accepted building and engineering standards.
