[Ord. No. 45,
§ 800, eff. 10-15-1973; Ord. No. 45-10, eff. 12-24-1998]
(a)
When required. Upon the submission of a preliminary plat or site
plan, a proprietor shall also include the following information and
engineering detail:
(1)
Creation of any waterway. If such plat or site plan includes
the creation of any waterway; or
(2)
Changes in any waterway. If the plat or site plan purports to
change by alteration or expansion of such waterway, and if such alteration
or expansion would include, but not be limited to, excavation to permanently
expose subterranean water or impounding surface waters or removal
of top soil, sand, gravel and earth from the site and relocating it
on another part of the site.
(b)
Information and engineering detail.
(1)
Topographical survey. A topographical survey of the area which
shall contain the proposed outline of the waterway to be created,
expanded or altered, drawn to a minimum scale of 100 feet to the inch,
in the exact locations upon the site in which such bodies are proposed
to be completed, and the same shall be prepared by a licensed professional
engineer or registered land survey or under his seal. The survey shall
contain the proposed finished grades of land for a distance of 100
feet around the proposed water's edge and the proposed elevation of
the water.
(2)
Water source data. Data showing the source of waters to be impounded,
if any, in the waterway.
(3)
Soil composition reports. Soil boring records and reports which
show the composition of the soil of the area to be excavated or altered
to form any waterway. Soils reports including full spectrum testing
shall include analysis of soils and determination by a licensed professional
engineer that soils will support a lake environment and maintain containment
of impounded waters at a stable water level.
(4)
Hydrogeologic report. A complete hydrogeologic study shall be
performed and a report submitted which includes at minimum the following
information:
a.
Water quality. A background groundwater quality shall be determined,
for the developer's protection as well as the township's. This determination
shall include the aerial and vertical extent of any contamination
in any aquifer within the proposed depth of excavation. Full spectrum
testing shall be performed which shall include the parameters listed,
in subsection (b)(6) of this section at minimum. A laboratorian and
a licensed professional engineer shall certify that any water which
will be exposed or impounded is not impure and is not likely to become
such from any nearby industry or other source, so as to be a hazard
to the public health. Analytical test results shall be submitted as
part of the certification package. Test results shall indicate test
method and detection limit for all analysis performed.
b.
Water level stability. Certification by a licensed professional
engineer or other qualified specialist in the field of hydrostatics
that the exposure of subterranean waters or the impoundment of surface
waters will establish a stable water level at the levels proposed.
c.
Impact on environment. The report shall include an analysis
of the potential impacts the proposed waterway may have on existing
wells, bodies of water, aquifers, etc., within the zone of influence
of the proposed waterway, as defined by the hydrogeologic study. A
map of the site and surrounding area shall be included showing:
1.
The distance to existing wells and the properties in the surrounding
area that have the potential for groundwater supplies including crock
wells. The map shall identify all soil borings and wells within one
mile of the site, including all domestic, municipal, industrial, oil,
and gas wells for which copies of logs are available.
2.
Existing waterways and wetlands.
3.
The direction of surface drainage and groundwater movement across
the site.
4.
Existing topography.
5.
Any known potential source of groundwater contamination.
d.
Analysis of conditions during construction and after completion.
The hydrogeologic study shall include analysis of conditions which
will be present both during construction of the waterway, (i.e., during
dewatering) and after completion of the proposed waterway.
(5)
Excess water disposition plan. A preliminary engineering plan
for the disposition by controlled flow or controlled drainage of any
excess water into established drains (or drains to be established
during the development), or watercourses and which shall demonstrate
that the facilities of such drain or watercourse shall not be unduly
taxed by the additional flow to the detriment or damage of lower riparian
property owners.
(6)
Sampling. In order to establish background groundwater quality,
the hydrogeologic study shall include sampling for the following parameters
at minimum:
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pH
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Chemical Oxygen Demand
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Biological Oxygen Demand
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Total Suspended Solids
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Total Coliform Bacteria
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Cyanide, total
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Phosphorus, total
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MDNR Scan 1
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MDNR Scan 2
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MDNR Scan 8
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Toxins
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Mercury
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Lead
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Benzene
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Trilene
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Petroleum products
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Nitrate
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Nitrite
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Volatile Organic Compounds
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Total Metals
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Herbicides
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Organochloride Pesticides and PCBs
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Tests results shall indicate test method and detection limits
for all analysis performed.
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(c)
Permit or license to construct. Where a permit or license is required
to construct a waterway under Public Act No. 146 of 1961 (MCL 281.61
et seq., MSA 11.300(1) et seq.), as amended, evidence of procurement
of such permit or license shall be produced at the time of submission.
Plans cannot be approved without evidence of necessary permits.
(d)
Performance guarantee. The appropriate approving agency may require
a cash deposit, certified check or an irrevocable letter of credit,
whichever the proprietor selects, or surety bond acceptable to that
agency, covering the estimated cost of construction, to be deposited
with the township clerk to ensure completion of the proposed waterway.
Such security shall be released upon final approval by the approving
agency and the township engineer.
(e)
Insurance. The developer shall provide a $2,000,000 insurance policy
and name as additional insured the township, its employees, agents
and consultants.
(f)
Escrow for wells. The developer shall provide the township clerk
with an engineer's estimate and evidence of escrow for the cost of
replacement or redrilling existing wells within the zone of influence
of the proposed waterway.
(g)
Approval standards and conditions. Constructed lakes, ponds, etc.,
shall be posted "No Swimming" unless approval from the county health
department is received.
(h)
Review of data. Any approving agency who shall review the data submitted
under this chapter shall consider the following in their determination:
(1)
Consistency with the township zoning ordinance.
(2)
Presence of dangers or threats to the health, safety, and welfare
of the township citizens.
(3)
Possibility of the ultimate presence of stagnant, impure or
nonpotable water.
(4)
Possibility of evaporation, runoff or dissipation so as to leave
an empty depression or nuisance condition.
(5)
The ability of the waterway to maintain a continuous water level
constant with the levels shown on the plans submitted by the proprietor.
(6)
The possibility of leaving unusable lands within the development.
(7)
Effect on the nearby or adjoining parcels in all respects.
(i)
Special approval to be secured when transporting excavated materials
offsite. If the material excavated from the waterway is to be transported
off the site, then the applicant must secure special land use approval
as provided in section 76-513.
(j)
Construction specifications. All waterways shall conform with the
following specifications:
(1)
Area. Waterways newly constructed shall have not less than four
acres of water surface at normal water level.
(2)
Depths. Any waterway shall have a depth not greater than six
feet at a point 30 feet from shore (as determined by the normal water
level), and a depth not greater than eight feet as a point 40 feet
from shore.
(3)
Slope of banks. The banks of any excavation for a waterway,
whether above or below any waterline shall not exceed a slope of one
foot vertical to five feet horizontal slope until a depth of water
of eight feet below normal water level is reached. After eight-foot
depth is reached, the slope may be greater than one foot vertical
to five feet horizontal, but shall not exceed one foot vertical to
three feet horizontal.
(4)
Boundary monuments. The lake shoreline shall have concrete monuments
at least 36 inches in depth and four inches in diameter with a steel
rod of at least 1/2 inch in diameter, placed at the shoreline of the
waterway at sufficient intervals to define the boundary thereof.
(5)
Adjacent lots sodded. All premises or lots adjacent to any waterway
or within the drainage district of such a waterway shall have a sodded
lawn from the street to the shoreline prior to the occupancy of such
premises or lots.
(6)
Silting basin. All waterways shall be equipped with a silting
basin at the inlet to such waterway which shall be capable of the
retention of 30 minutes of a one year storm. The basin shall remain
in service and be maintained by the proprietor until all buildings
are built and all lawns permanently reestablished within the drainage
district of the waterway.
(7)
Erosion control program. Erosion control programs shall be submitted
and executed by the proprietor which shall be reasonably calculated
to prevent soil erosion and to provide effective sedimentation control
until stabilization of the proposed development.
(8)
Septic tank and field system proximity. If development on any
lands described in a preliminary plat or site plan include installation
of septic tank and septic field systems, such systems shall be installed
at the greatest possible distance from the waterway, 100 feet minimum.
Greater isolation distances may be required by the county health department.
(9)
Crock wells. Shallow wells which existed prior to the enactment
of the safe drinking water act are allowed to operate in the county.
Operation of any shallow wells within the zone of influence of the
proposed watering shall not be impacted.
(10)
Adjacent home grades. All proposed basement grades within the
drainage district of the waterway shall be a minimum of two feet higher
than the one-hundred-year storm level for the proposed waterway.
(11)
Operating hours. Hours of operation during waterway construction
shall be 8:00 a.m. until 6:00 p.m. Monday-Friday and 8:00 a.m. until
2:00 p.m. Saturday. There shall be no work on Sunday or legal holidays.
(k)
Inspections.
(1)
Intervals. The appropriate township agency or representative
shall inspect any premises subject to the requirements of this chapter
for compliance with plans filed pursuant to this chapter the conformity
with the standards for construction set out at least three times:
a.
At the time of completion of construction of a waterway;
b.
At the time when 50% of the proposed construction is completed;
c.
At the time when 100% of the proposed construction is completed;
d.
An as-built survey shall be performed by a licensed professional
surveyor. The survey shall include a certification of compliance with
the design; and
e.
Prior to final approval of the waterway, the developer shall
plant grass and establish positive growth from the normal waterline
to 20 feet above it.
(2)
Written notice of deficiencies. Any deficiencies or deviations
from approved plans shall be reported in writing by the inspector
and a copy of same shall be given to the proprietor.
(3)
Corrective action. It shall be the duty of the proprietor to
correct and remedy same before further buildings or waterways construction
commences.
(4)
Penalty for failure to correct. Failure thereof shall be grounds
for forfeiture of the proprietor's bond posted hereunder.
(l)
Maintenance of waterways.
(1)
Public dedication. All lots that are adjacent to a waterway
shall have a proportional fee interest in the waterway, unless such
waterway is dedicated to the public and accepted by the township board.
(2)
Association of owners.
a.
Created by covenant. Where the waterway is not so dedicated
and accepted, and the adjacent lots have a fee interest in the waterway,
the proprietor shall cause to be placed in each deed of conveyance
a covenant running with the land creating an association of adjacent
lot owners.
b.
Empowered to assess cost. Such association shall be established
by the proprietor, and shall be empowered to assess proportionally
each adjacent owner for the cost of maintenance of the waterway, its
shoreline and its outlet structure.
