Terms not specifically defined in this chapter
shall have the meanings customarily assigned to them. The following
words and phrases shall have the meanings respectively given in this
section:
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.
Plants and plant life forms which naturally occur in and
are adapted to life, at, near or predominantly near water.
The land area of a pond, stream, watercourse or drainageway
which lies below the ordinary high water mark and which may or may
not be covered by water.
A man-made watercourse.
The geographical area within the natural or artificial banks
of a watercourse required to convey continuously or intermittently
flowing water under normal or average flow conditions.
Any of the following:
A permanent connection or other direct physical
contact with a lake, pond, river or stream, including surface or ground
water connections.
A seasonal or intermittent direct water connection
with a lake, pond, river or stream, including surface or ground water
connections.
Located within 500 feet of the ordinary high
water mark of an inland lake, pond, river or stream, or located within
1,000 feet of the ordinary high water mark of the Detroit River.
Separated only by man-made barriers, such as
dikes, roads, berms, or other similar features.
To fill, place or dump.
Any man-made change to improved or unimproved real estate
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
Any drainage course, watercourse, drain, pipe, natural stream,
creek, or swale which serves to transport stormwater runoff.
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.
A natural or permanent artificial water body that has definite
banks, a bed, visible evidence of a continued occurrence of water,
and a surface area of water that is five acres or more in size.
An auxiliary verb qualifying the meaning of another verb
by expressing ability, permission, or possibility. The word "may"
is indicative of discretion or choice between two or more alternatives.
The Michigan Department of Environmental Quality (MDEQ) or
any subsequent state agency thereof responsible for issuing permits
for use of wetlands, drainageways and waterways under the Inland Lakes
and Streams Act (Act 346, Public Acts of 1972, as amended), and the
Goemaere-Anderson Wetland Protection Act[1] (Act 203, Public Acts of 1979, as amended).
[Added 8-25-2003 by Ord. No. 03-12]
Methods for eliminating or reducing potential
damage and/or destruction to natural ecosystems as a result of wetland
impacts. Mitigation may include any or all of the following:
Methods for eliminating or reducing potential
damage or destruction to wetlands;
Creation of wetlands from uplands to offset
the loss; or
Enhancing or providing for the preservation
of the natural ecosystems associated with the on-site wetlands to
remain through such means as restoring an on-site area to a natural
state and/or dedicating a preservation easement.
Mitigation shall not be considered when it is
feasible and prudent to avoid wetland impacts or when the impacts
would be otherwise prohibited under federal, state and local wetlands
protection regulations.
The line between upland and bottomland which persists through
successive changes in water levels, below which the presence and action
of the water is so common or recurrent that the character of the land
is markedly distinct from the upland and is apparent in the soil itself,
the configuration of the surface of the soil and the vegetation.
Any individual, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including governmental
agencies conducting operations within the Township.
The Grosse Ile Township Planning Commission.
A natural or permanent artificial water body that has permanent
open water with a surface area that is more than one acre but less
than five acres.
Land characterized by the presence of water at a frequency
and duration sufficient to support (and that under normal circumstances
does support) wetland vegetation or aquatic life and is commonly referred
to as a bog, swamp, or marsh and which is any of the following:
Contiguous to any lake, pond, river or stream.
Not contiguous to any lake, pond, river or stream;
and more than two acres in size.
Not contiguous to any lake, pond, river or stream;
and two acres or less in size if the Michigan Department of Natural
Resources (MDNR) determines that protection of the area is essential
to the preservation of the natural resources of the state from pollution,
impairment, or destruction and the MDNR has so notified the owner.
The surface discharge of precipitation to a drainageway or
low area.
Any intermittent or temporary activity which occurs annually
and is subject to interruption from changes in weather, water level,
or time of year, and may involve annual removal and replacement of
any operation, obstruction or structure.
POORLY DRAINED SOILSThose general organic soils from which water is removed so slowly that the soil remains wet for a large part of the time. The water table is commonly at or near the surface during a considerable part of the year. Poorly drained conditions are due to a high water table, to a slower permeable layer within the soil profile, to seepage, or to some combination of these conditions.
VERY POORLY DRAINED SOILSThose soils from which water is removed from the soil so slowly that the water table remains at or on the surface a greater part of the time. Soils of this drainage class usually occupy larger or depressed sites and are frequently ponded.
HYDRIC SOILSSoils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of wetland vegetation.
A waterway which has definite banks, a bed and visible evidence
of a continued flow or continued occurrence of water.
Any assembly of materials above or below the surface of the
land or water, including, but not limited to, houses, buildings, bulkheads,
piers, docks, rafts, landings, dams, sheds or waterway obstructions.
Grosse Ile Township or any commission, authority, department
or division of the Township government.
[Amended 8-25-2003 by Ord No. 03-12]
The Grosse Ile Township Board.
The land area which lies above the ordinary high water mark,
or well-drained land which supports upland vegetation.
The Township approval required for conducting normally prohibited activities as identified in Article III within protected wetlands and natural drainageways.
Any waterway, drainageway, drain, canal, river, stream, lake,
or detention basin, or any body of surface water having well-defined
banks, either continually or intermittently flowing.
Land characterized by the presence of water at a frequency
and duration sufficient to support (and that under normal circumstances
does support) wetland vegetation or aquatic life and is commonly referred
to as a bog, swamp, or marsh. Wetlands protected under this chapter
are defined as "protected wetlands."
All protected wetlands located on the site.
The Township map, updated as necessary, delineating the general
location of wetlands and drainageways which may be subject to regulation
under this chapter. Delineation of wetland boundaries on individual
parcels or sites shall be the responsibility of persons applying for
a wetland or drainageway use approval.
Plants, such as trees, shrubs, and grasses, that exhibit
adaptations to allow, under normal conditions, germination or propagation
and to allow growth with at least their root systems in water or saturated
soil. Wetland vegetation is the macrophytic plant life that occurs
in areas where the frequency and duration of inundation or saturation
produces permanently or periodically saturated conditions of sufficient
duration to exert a controlling influence on the plant species present.
The Grosse Ile Township Zoning Administrator or Township
staff authorized to act in this capacity.
[1]
Editor’s Note: Said act was repealed
by the Public Acts of 1995, No. 59. See MCLA § 324.30101 et seq.
Nothing in this chapter shall be interpreted
to conflict with present or future state statutes on the same subject
matter; conflicting provisions of this chapter shall be abrogated
to, but only to, the extent of the conflict. Moreover, the provisions
of this chapter shall be construed, if possible, to be consistent
with and in addition to relevant state and federal regulations and
statutes. The provisions of this chapter shall be held to be minimum
requirements and shall be liberally construed in favor of the Township
and shall not be deemed a limitation or repeal of any other powers
granted by state statutes. This chapter shall not repeal, abrogate
or impair any existing easements, covenants, or deed restrictions.
However, where this chapter imposes greater restrictions, the provisions
of this chapter shall prevail. All other Township ordinances inconsistent
with this chapter are hereby repealed or amended to the extent of
the inconsistency only.
In some cases, property owners requesting approval
to use wetlands and drainageways will be subject to state and federal
permit requirements. Criteria and procedures used by federal, state
and local agencies for protecting wetlands and issuing permits may
not always be the same.
A.
Approvals under this chapter shall not relieve a property
owner of the need to obtain a permit from the Department of Natural
Resources and/or the U.S. Army Corps of Engineers, if required.
B.
While issuance of a wetland use permit by the Township
is not required where a permit has been issued by the Michigan Department
of Natural Resources and/or the U.S. Army Corp of Engineers, this
shall not relieve a property owner of the need to obtain all other
required Township approvals.
[Amended 8-25-2003 by Ord. No. 03-12]
C.
If requirements of federal, state, and local officials
vary, the most stringent requirements shall be followed.
D.
The Township may defer the review and approval of
site plans, subdivision plats and other land use permit applications
until after wetland use permits from the Michigan Department of Natural
Resources and/or the U.S. Army Corps of Engineers have been obtained.
The Township Board shall be responsible for
chapter adoption and amendment, and shall consider recommendations
submitted in writing by the Planning Commission.
A regulated activity that was lawful before
the enactment of this chapter, but which is not in conformity with
the provisions of this chapter, may be continued provided that it
is not:
A.
Changed to another nonconforming location or operation;
B.
Reestablished after having been discontinued for one
year;
C.
Expanded, except in conformity with this chapter;
nor
D.
Rebuilt or repaired after complete or partial destruction,
when the destruction exceeds 50% of the fair market value immediately
prior to damage, as determined by two independent assessments.
The provisions of this chapter, including use
approval requirements and criteria, shall apply to activities and
operations proposed by all persons, private organizations, individuals,
and public agencies.
The Township shall notify the Michigan Department
of Natural Resources of the adoption of this chapter. The Township
shall enter into an agreement with the Michigan Department of Natural
Resources providing for the exchange of information and for the coordination
of permit and use approvals as required by Section 8 of the Goemaere-Anderson
Wetland Protection Act (Act 203, Public Acts of 1979).
