[Ord. No. 94, § 2, eff. 7-10-1992]
In its deliberations leading to the adoption of this division, the township board has recognized and concluded that the use of certain water resources situated within the township should be considered within a framework of long-term costs and benefits to the township, and that it is desirable to retain and maintain the physical, cultural and aesthetic characteristics of the Auvase River and public and private lagoons and canals within the township. Moreover it has been recognized that, as the shorelines of such bodies of water become further developed, the cumulative impact of boat usage from each respective property must be regulated in order to preserve and protect the rights of riparian owners and the owners of properties in proximity thereto, as well as the township as a whole. It has further been recognized that the lack of regulation will result in a nuisance condition and an impairment of these important and irreplaceable resources of the township, and will further result in the destruction of property values and threaten the public health, safety and welfare of all persons making use of such bodies of water within the township and properties adjacent thereto. Accordingly, it is the intent and purpose of the township board to adopt reasonable regulations for watercraft usage in the township. The township board finds that Lake St. Clair, the Salt River and Timber Creek are larger than the bodies of water regulated in this division and that the use thereof for the launching and docking of watercraft do not warrant regulation.
[Ord. No. 94, § 3, eff. 7-10-1992]
(a) 
The terms and provisions of this division shall be interpreted and applied as minimum standards and requirements for the promotion and protection of the public health, safety and welfare, and for the public peace and preservation of natural resources and public and private property within the township.
(b) 
This division shall not interfere with, abrogate, annul nor repeal any other valid law, ordinance, rule or regulation previously in effect, including any other valid ordinance regulating boat launching and/or usage. Moreover, in instances where this division specifically imposes a greater restriction or higher standard than other ordinances, the provisions of this division shall govern.
(c) 
This division is not intended to conflict with and/or preempt application of the statutes of the state and the laws of the United States vesting ownership and control of the bottomlands of the Great Lakes in the state and granting the paramount authority of the United States government to the control of navigable waters of the Great Lakes and its included tributaries.
(d) 
This division is not intended to regulate the launching and docking of watercraft at approved public or private marinas or launching sites.
[Ord. No. 94, § 4, eff. 7-10-1992]
This division is adopted pursuant to and in accordance with the provisions of Act No. 246 of the Public Acts of Michigan of 1945 (MCL 41.181 et seq., MSA 5.45(1) et seq.), as amended, and Act No. 359 of the Public Acts of Michigan of 1947 (MCL 42.1 et seq., MSA 5.46(1) et seq.), as amended.
[Ord. No. 94, § 5, eff. 7-10-1992; Ord. No. 94-2001, § 1.1, 5-1-2000]
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DOCK or DOCKING
The mooring of a watercraft directly to a pier, which is a platform or other permanent seasonal fixture attached to or extending from the shore, and directly accessible to a separate frontage; and shall also mean the regular anchoring of a watercraft adjacent to a separate frontage.
LAUNCH or LAUNCHING
The act of moving or transferring a watercraft from a separate frontage into a waterway.
PERSON
A human being, partnership, corporation, association, including a condominium association, and any other entity to which the law provides or imposes rights or responsibilities.
PERSONAL WATERCRAFT
A vessel less than 12 feet in length, self-propelled by a motor or any engine driven device that is designed to be operated by a person sitting, standing or kneeling on the vessel rather than in the conventional manner of sitting or standing inside the vessel. For the purposes of this chapter, two personal watercraft shall constitute one watercraft, as defined herein.
SEPARATE FRONTAGE
That portion of a lot or parcel of land existing on documentation recorded with the county clerk, register of deeds, which abuts or intersects with waterways, whether such lot or parcel is owned by one or more persons, or commonly owned by several persons, or combinations of persons.
WATERCRAFT
A boat, raft, barge, or vehicle propelled through the water by a motor or engine or by wind.
WATERWAYS
The Auvase River and public and private lagoons and canals located within the township. The term "waterways" shall not include Lake St. Clair, the Salt River and Timber Creek.
[Ord. No. 94, § 6, eff. 7-10-1992; Ord. No. 94-2001, §§ 1.2, 1.3, 5-1-2000]
(a) 
Subject to the provisions below, not more than one watercraft or two personal watercraft shall be launched and/or docked adjacent to each separate frontage.
(b) 
If the continuous length of a separate frontage is greater than 25 feet, one additional watercraft or two additional personal watercraft, or a combination thereof, may be launched and/or docked for each 25 feet of continuous frontage in excess of the initial 25 feet, not to exceed a total of three watercraft or six personal watercraft, or a combination thereof, per separate frontage. For the purpose of computing the length of frontage, the measurements shall be along the water's edge at the normal high watermark of public and private lagoons and canals as determined in discretion of the township building official. For purposes of computing the length of frontage along the Auvase River, the measurement shall be along the water's edge at its average historical level as determined in the discretion of the township building official. No docked watercraft or personal watercraft may extend outside or beyond the side lot or parcel lines of a separate frontage where said lines intercept at the waters edge.
(c) 
Subject to section 72-337(d) and the paramount authority of the state and the United States government concerning the ownership of bottomlands and the control of navigation on the Great Lakes and its tributaries, no launching and/or docking shall be permitted on waterways with respect to a separate frontage of less than 25 feet. This provision shall not apply to lots or parcels of record prior to July 10, 1992.
[Ord. No. 94, § 7, eff. 7-10-1992]
(a) 
The township board may grant a variance from a literal application of this division where enforcement will result in practical difficulties or unnecessary hardship. The authority to grant a variance is established to provide an opportunity for the relaxation of the terms of this division by variance of its terms where such variance will not be contrary to the public interest, in keeping with the spirit of this division and the circumstances of the request for variance are unique. The owner of a separate frontage seeking a variance from this division shall submit an affidavit explaining the following:
(1) 
How the strict enforcement of the provisions of this division would cause practical difficulty and/or unnecessary hardship and deprive the owner of rights enjoyed by other owners of separate frontage within the township.
(2) 
The conditions and circumstances unique to the separate frontage which are not similarly applicable to other separate frontages in the township.
(3) 
That the conditions and circumstances unique to the separate frontage were not created by the applicant, or his predecessor in title, within the time following July 10, 1992.
(4) 
Why the requested variance will not confer a special privilege which is denied other separate frontages similarly situated in the township.
(5) 
Why the requested variance will not be contrary to the spirit and intent of this division.
(b) 
The township board shall not approve an application for a variance unless specific findings of fact supporting subsection (a) of this section are made a part of the record of proceedings. The township board may by resolution establish a fee chargeable to an applicant for reimbursement of the township for costs incurred in the review of the request for variance.
(c) 
The township board shall give notice of a request for variance to the owner of the property in question and to all persons to whom any real property within 300 feet of the premises in question is assessed. The notice shall be delivered personally or by mail to the respective owners at the address given in the last assessment roll. If the notice is delivered by mail, an affidavit of mailing shall be filed with the township board before the meeting at which the variance request will be reviewed. The notice shall be made not less than eight days before the meeting, stating the time, place, date and purpose of the request for variance and the purpose of the meeting.
[Ord. No. 94, § 8, eff. 7-10-1992]
(a) 
Any person who shall be convicted of a violation of the regulations contained in this division shall be guilty of a misdemeanor and shall be punished as provided in section 1-11.
(b) 
In addition to, or in lieu of, seeking to enforce this division by proceeding under subsection (a) of this section, the township may institute an appropriate action in a court of general jurisdiction seeking equitable relief.