[HISTORY: Adopted by the Village Council of the Village of New Haven 3-22-1988 by Ord. No. 197. Amendments noted where applicable.]
Lakes, ponds, wetlands and watercourses shall be retained as permanent open space. No development, filling, piping or diverting shall be permitted except for required roads, or as may be allowed or required by the Macomb County Public Works Commissioner and the Michigan Department of Natural Resources in accordance with the provisions of Act 203, Public Acts of 1979, as amended.
An application including a site plan shall be submitted showing existing and proposed topography drawn to at least two-foot contour intervals. Bench marks for the elevations shown on the drawing shall be properly indicated. Indication of where trees and shrubs exist or where such vegetation will be planted prior to occupancy shall be shown. All such trees and shrubs shall be labeled as to size and whether existing or proposed. Whenever a tree or group of trees of three-inch caliper or greater is to be removed as part of the planned improvements, its or their location shall be shown on the site plan in dotted outline and noted "to be removed."
The boundaries of all wetlands on the land which is the subject of the site plan shall be clearly and accurately identified and located.
The owner of land affected by wetlands intending to use the same for any purpose authorized by this chapter shall furnish the Village Building Department with a wetlands permit issued by the Michigan Department of Natural Resources pursuant to Act 203, Public Acts of 1979, as amended, as a precondition for said use.
As used in this chapter, the following terms shall have the meanings indicated.
- 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:
- A. Contiguous to Lake St. Clair, an inland lake or pond, or a river or stream;
- B. Not contiguous to Lake St. Clair, an inland lake or pond or a river or stream; and more than five acres in size; or
- C. Not contiguous to Lake St. Clair, an inland lake or pond or a river or stream; and five acres or less in area, if the Michigan Department of Natural Resources has determined that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction, and the Department has so notified the owner.