[HISTORY: Adopted by the City Commission of the City of Kalamazoo 7-18-2005 by Ord. No. 1790. Amendments noted where applicable.]
Buildings and building regulations — See Ch. 9.
Construction Board of Appeals — See § 9-31 et seq.
Land division — See Ch. 20A.
Wastewater discharge regulations and enforcement procedures — See Ch. 28.
Stormwater system — See Ch. 29.
Zoning — See App. A.
Land subdivision standards — See App. B.
Soil Erosion and Sedimentation Control — See MCLA § 324.9101 et seq.
Editor's Note: This ordinance repealed former Ch. 30, Soil Erosion and Sedimentation Control, adopted 5-5-1975 by Ord. No. 1055.
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.
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, as well as the promulgated rules of the Michigan Department of Environmental Quality (MDEQ).
- CERTIFICATION OF COMPLETION
- A signed written statement by 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 MDEQ SESC training.
- 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. "Earth change" does not include the practice of plowing and tilling soil for the purpose of crop production.
- 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.
- That area which would be inundated by storm runoff or floodwater equivalent to that which would occur with a storm event of one-hundred-year recurrence frequency after total development of the watershed.
- 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.
- A permit issued to authorize work to be performed under this chapter in accordance with Act 451, including rules promulgated under Act 451.
- Any activity that removes or significantly disturbs the vegetative surface cover including clearing and grubbing operations.
Editor's Note: See MCLA § 324.9101 et seq.
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 land owner 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, is on a parcel or parcels adjacent to a public street, 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 Section 9115 of Act 451 and Michigan Administrative Rule 323.1705, as amended. Failure to obtain a permit before initiating an earth change shall be deemed a violation of this chapter.
Editor's Note: See MCLA § 324.9115.
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 include, but not be limited to, the following:
A soils survey or a written description of the exposed land area contemplated for the earth change, including predominant land features and soil types.
Details for proposed earth changes, including:
A description and the location of the physical limits of each proposed earth change.
A description and the location of all existing and proposed on-site drainage and dewatering facilities.
The timing and sequence of each proposed earth change.
A description and the location of all proposed permanent or temporary soil erosion and sediment control measures.
A program proposal for the continued maintenance of all permanent soil erosion and sediment control facilities that remain after project completion, including the designation of the person responsible for the maintenance. Maintenance responsibilities shall become a part of any sales or exchange agreement for the land on which the permanent soil erosion control measures are located.
A statement of quantity of excavation and fill involved.
A boundary line survey or legal description of the land on which the work is to be performed.
A plan of the site at a scale of not more than 100 feet to the inch showing:
Name, address, and telephone number of the landowner or designated agent.
Existing topography at a maximum of five-foot contour intervals.
Proposed topography at a maximum of five-foot contour intervals.
Location of any structure or natural feature on site.
Location of any structure or natural feature on the land adjacent to the site within 50 feet of the site boundary line.
Location of any proposed additional structures or development on the site.
The proximity of any proposed earth change to lakes, drains, wetlands or streams.
Other information as requested, including but not limited to the location of stockpiles, access to site, tracking protection, location of storm inlets, and traffic routes.
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 permit shall not be issued for an earth change unless the permittee first posts 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.
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.
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.
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.
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:
The proposed work would cause uncontrolled soil erosion and sedimentation; or
The proposed work would cause hazards to the public safety and welfare; or
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
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
The land area in which the work is to occur is within the floodplain of any stream or watercourse, unless a permit from the MDEQ 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
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:
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.
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.
The prompt removal of any sediment that may inadvertently be deposited in any lake, drain, stream or wetland.
The complete restoration of the site within five business 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 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 an 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.
Representatives of the MEA may enter at all reasonable times in or upon private or public property for the purpose of inspecting and investigating conditions or practices associated 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 cease and desist order shall be issued and the permit shall be revoked. The permittee shall be notified by mail of the MEA's determination. The permittee shall, within in 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.
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.
Notwithstanding any other provision of this chapter, the MEA shall have the right to avail itself to all enforcement mechanisms provided for by Act 451. All state rules and regulations promulgated under Part 91 of the Act are hereby incorporated by reference into this chapter.
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.
Each day a violation exists or continues shall be deemed as a separate offense.
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.
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.
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 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.