City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 697, passed 8-22-2005]
The Council hereby finds that excessive quantities of soil may erode from certain earth change activities such as housing developments, industrial areas, recreational uses and roads. This erosion may result in necessary costly repairs to gulleys, washed out fills, roads and embankments. The resulting sediment would clog storm sewers and road ditches, muddy streams and silt-in lakes, streams and impact natural resources and is considered a major water pollutant.
[Ord. No. 697, passed 8-22-2005]
The purpose of this chapter is to provide for the control of soil erosion and sedimentation within the City as authorized by part 91, soil erosion and sedimentation control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended ("part 91"), and the Soil Erosion and Sedimentation Control Rules ("rules") (Michigan Administrative Code, R323, 1701 et seq., as amended) promulgated pursuant to part 91.
[Ord. No. 697, passed 8-22-2005]
The City Council hereby designates the City Engineer's Office as the Municipal Enforcing Agency responsible for administration and enforcement of part 91 and the rules within the City limits of the City.
[Ord. No. 697, passed 8-22-2005]
The soil erosion and sedimentation control rules are hereby adopted by reference and made a part of this chapter as if fully set forth herein.
[Ord. No. 697, passed 8-22-2005]
Unless expressly given a different meaning by this chapter, the terms defined in part 91 and the soil erosion and sedimentation control rules have the same meaning when used in this chapter.
(a) 
ACCELERATED SOIL EROSION — Means the increased loss of the land surface that occurs as a result of human activities.
(b) 
CERTIFICATION OF COMPLETION — Means a signed written statement by the SESC official that specific earth change activity has been inspected and found to comply with all permits, plans and specifications.
(c) 
CITY MANAGER — Means the City Manager of the City or his or her duly authorized representative.
(d) 
EARTH CHANGE — Means 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.
(e) 
FLOOD PLAIN — Means that area which would be inundated by storm runoff or floodwater equivalent to that, which would occur with a rainfall or flood of the one-hundred-year recurrence frequency after total development of the watershed.
(f) 
LAKE — Means the Great Lakes and all natural and artificial inland lakes or impoundments that have definite banks, a bed, visible evidence of a continued occurrence of water, and a surface area of water that is equal to, or greater than, one acre. Lake does not include sediment basins and basins constructed for the sole purpose of storm water retention, cooling water, or treating polluted water.
(g) 
PART 91 — Means part 91, soil erosion and sedimentation control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, being MCL 324.9101 et seq.
(h) 
PERMANENT SOIL EROSION and SEDIMENTATION CONTROL MEASURES — Means those control measures, which are installed or constructed to control soil erosion and sedimentation and which are maintained after project completion.
(i) 
PERSON — Means an individual, partnership, corporation, association, governmental entity or other legal entity.
(j) 
RULES — Means the rules promulgated by the Michigan Department of Environmental quality pursuant to the Act.
(k) 
SESC OFFICIAL — Means a representative of the City Engineer's Office that is trained and experienced in soil erosion and sedimentation control techniques that the City Manager designates as the municipal enforcing agent to administer and enforce this chapter.
(l) 
SESC PERMIT — Means a permit issued by the SESC official to authorize work to be performed under this chapter.
(m) 
SOIL EROSION — Means the process by which the ground surface is worn away by the action of wind, water, gravity or a combination thereof.
(n) 
STREAM — Means a river, creek or other surface watercourse which may or may not be serving as a drain as defined in Act No. 40 of the Public Acts of 1956, as amended, being MCL 280.1 et seq., and which has definite banks, a bed, and visible evidence of the continued flow or continued occurrence of water, including the connecting waters of the Great Lakes.
(o) 
TEMPORARY SOIL EROSION and SEDIMENTATION CONTROL MEASURES — Means interim control measures which are installed or constructed for the control of soil erosion and sedimentation and which are not maintained after the project is completed.
[Ord. No. 697, passed 8-22-2005]
(a) 
The Building Inspector shall notify the SESC official immediately upon receipt of an application for a building permit that requires an earth change which disturbs one or more acres or which is located within 500 feet of a lake or stream.
(b) 
The Building Inspector shall not issue a building permit to a person engaged in an earth change if the change requires a permit under part 91 or the rules until the SESC official has issued the required permit for the earth change.
[Ord. No. 697, passed 8-22-2005]
(a) 
Permit requirement. No person shall undertake any earth change over one acre or within 500 feet of a lake or stream, unless he or she has a valid permit issued by the SESC official, unless that earth change activity is specifically exempted from permitting in Section 1462.16 of this chapter.
(b) 
Permit application. A separate application shall be required for each SESC permit. SESC plans, specifications and timing schedules shall be submitted with each application for a SESC permit. Except for the SESC plan required for a single-family or two-family structure, the SESC plans shall be prepared or approved and signed by a professional engineer or architect. The SESC official may waive the preparation or approval and signature by the professional engineer or architect when the work entails little hazard to the adjacent property or waters of the State.
(c) 
Application data required. The SESC plans and specifications accompanying the SESC permit application shall contain the following data:
(1) 
A site location sketch detailing the proximity of any proposed earth change to lakes or streams or both.
(2) 
A boundary line survey of the site on which the work is to be performed.
(3) 
A soil survey or written description of the soil types of the exposed land area contemplated for the earth change.
(4) 
A SESC plan of the site, drawn at a scale which is appropriate to the development and which is easily readable, but not more than 200 feet to the inch, showing:
A. 
The name, address and telephone number of the owner, developer and petitioner;
B. 
A certified statement of the quantity of excavation and fill involved;
C. 
Existing topography at a maximum of two-foot contour intervals;
D. 
Proposed topography at a maximum of two-foot contour levels;
E. 
The location of any structure or natural feature on the site;
F. 
The location of any structure or natural feature on the land adjacent to the site and within 50 feet of the site boundary line;
G. 
The location of any proposed additional structures or development on the site;
(5) 
On the SESC plan of the site or attached, must be the following:
A. 
A description and the location of the physical limits of each proposed earth change.
B. 
A description and the location of all existing and proposed on-site drainage and dewatering facilities.
C. 
The timing and sequence of each proposed earth change.
D. 
The location and description for installing and removing all proposed temporary soil erosion and sedimentation control measures.
E. 
A description and the location of all proposed permanent soil erosion and sedimentation control measures.
F. 
A program proposal for the continued maintenance of all permanent soil erosion and sedimentation control measures 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 and sedimentation control measures are taken.
(d) 
No SESC permit shall be issued until the applicant has paid applicable permit and inspection fees to the City Treasurer in accordance with the fee schedule adopted by resolution of the City Council.
[Ord. No. 697, passed 8-22-2005]
(a) 
No SESC permit shall be issued by the City under this chapter unless the applicant first posts a deposit with the City Treasurer in the form of cash, a certified check or an irrevocable letter of credit, whichever the applicant selects, or a surety bond acceptable to the City, subject to the following:
(1) 
The deposit shall be in a form approved and furnished by the City. The deposit shall be in the amount sufficient to assure the installation and completion of such protective or corrective measures as required by the City.
(2) 
As a condition of the deposit, the applicant shall be required to comply with all provisions of this chapter, the terms and conditions of the permit, and complete all work set forth in the SESC plan within the time specified in the permit (or, if no time limit is so specified, within 180 days after the date of issuance of the permit).
(b) 
The SESC official is authorized to grant the permittee an extension of time to complete the work shown in the SESC plan upon the applicant's written request showing good cause for the need of the extension prior to the expiration of the time required for completion of the SESC plan.
[Ord. No. 697, passed 8-22-2005]
In the event of failure to complete the work or failure to comply with all the requirements, conditions and terms of the permit, the SESC official may order such work as is necessary to eliminate any danger to persons or property and to leave the site in a safe condition, and he or she may authorize completion of all necessary temporary or permanent soil erosion measures. The permittee and the surety executing the bond, or person issuing the instrument of credit or making the cash deposit, shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing any and all such work to be done. In the case of a cash deposit, any unused portion thereof shall be refunded to the permittee.
[Ord. No. 697, passed 8-22-2005]
(a) 
The proposed work would cause uncontrolled soil erosion and sedimentation; or
(b) 
The proposed work would cause hazards to the public safety and welfare; or
(c) 
The work, as proposed by the applicant, will damage any public or private property or interfere with any existing drainage course in such a manner as to cause damage to an adjacent property, or result in the deposit of debris or sediment on any public way or into any waters of the State or create an unreasonable hazard to persons or property; or
(d) 
The land area for which grading is proposed is subject to geological hazard to the extent 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
(e) 
The land area for which the grading is proposed may lie within the flood plain of any stream or watercourse (not specifically designed and delineated by the City as an area subject to flood hazard) unless a permit from the Michigan Department of Environmental Quality accompanies the application and a hydrologic report, prepared by a professional engineer is submitted to certify that the proposed grading will have, in his or her opinion, no detrimental influence on the public welfare or upon the total development of the watershed.
[Ord. No. 697, passed 8-22-2005]
All modifications of the approved SESC plans must be submitted and approved by the SESC official. All necessary sustaining reports shall be submitted with any proposal to modify the approved SESC plan. No grading work in connection with any proposed modification shall be permitted without the approval of the SESC official.
[Ord. No. 697, passed 8-22-2005]
During grading operations, the permittee shall be responsible for:
(a) 
The prevention of damage to any waters of the state, public utilities or services within the limits of grading and along any routes of travel of the equipment;
(b) 
The prevention of damage to adjacent property. No person shall grade on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any public or private property, without supporting and protecting such property from settling, cracking or other damage which might result;
(c) 
Carrying out the proposed work in accordance with the approved SESC plans and in compliance with all the requirements of the permit and this chapter; and
(d) 
The prompt removal of all soil, miscellaneous debris or other materials applied, dumped or otherwise deposited on public streets, highways, sidewalks or other public thoroughfares during transit to and from the construction, where such spillage constitutes a public nuisance or hazard.
[Ord. No. 697, passed 8-22-2005]
(a) 
All earth change activities shall be conducted in such a manner as will effectively reduce accelerated soil erosion and resulting off-site sedimentation.
(b) 
All persons engaged in earth changes shall design, implement and maintain acceptable soil erosion and sedimentation control measures in conformance with part 91 and all rules promulgated pursuant to part 91.
(c) 
All earth changes shall be designed, constructed and completed in such a manner, which shall limit the exposed area of any disturbed land for the shortest period of time.
(d) 
Sediment caused by accelerated soil erosion shall be removed from runoff water before it leaves the site of the earth change.
(e) 
Any temporary or permanent control measure designed and constructed for the conveyance of water around, through or from the earth change area shall be designed to limit the water flow to a non-erosive velocity.
(f) 
Temporary soil erosion and sedimentation control measures shall be installed before or upon commencement of the earth change activity and shall be maintained on a daily basis. The temporary soil erosion and sedimentation control measures shall be removed after permanent soil erosion measures are in place and the area is stabilized. The area shall be stabilized with permanent soil erosion control measures under approved standards and specifications as prescribed by the Department of Environmental Quality.
(g) 
Permanent soil erosion control measures for all slopes, channels, ditches or any disturbed land area shall be completed within five calendar days after final grading or the final earth change has been completed. When it is not possible to permanently stabilize a disturbed area after an earth change has been completed, or where significant earth change activity ceases, temporary soil erosion control measures shall be implemented within five calendar days. All temporary soil erosion control measures shall be maintained until permanent soil erosion control measures are in place and the area is stabilized.
[Ord. No. 697, passed 8-22-2005]
Persons carrying out soil erosion and sedimentation control measures under this chapter, and all subsequent owners of property concerning which such measures have been taken, shall maintain all permanent soil erosion and sedimentation control measures.
[Ord. No. 697, passed 8-22-2005]
All SESC plans and specifications, including extensions of previously approved SESC plans, shall include provisions for erosion and sedimentation control in accordance with, but not limited to, the standards contained in the "Guidebook of Best Management Practices for Michigan Watersheds" published by the Surface Water Quality Division, Michigan Department of Environmental Quality (BMP Guidebook). A complete copy of the BMP Guidebook shall be kept available for public inspection at the SESC official's office at City Hall.
[Ord. No. 697, passed 8-22-2005]
(a) 
A permit is not required for any of the following:
(1) 
Where an earth change disturbs less than one acre of land and is more than 500 feet from a lake or stream.
(2) 
Plowing and tilling for crop production.
(3) 
A beach nourishment project permitted under part 325 of Act No. 451 of the Public Acts of 1994, as amended, being § 324.32501 et seq. of the Michigan Compiled Laws.
(4) 
Normal road and driveway maintenance, such as grading or leveling, that does not increase the width or length of the road or driveway and that will not contribute sediment to lakes or streams.
(5) 
An earth change of a minor nature that is stabilized within 24 hours of the initial earth disturbance and that will not contribute sediment to lakes or streams.
(6) 
Installation of oil, gas and mineral wells under permit from the supervisor of wells if the owner-operator is found by the supervisor of wells to be in compliance with the conditions of part 91.
(7) 
A person engaged in the logging industry or mining industry. However, all earth changes associated with logging and mining shall conform to the same standards as if they required a permit under this part. The exemption from obtaining a permit under this subsection does not include either of the following:
A. 
Access roads to and from the site where active mining or logging is taking place.
B. 
Ancillary activities associated with logging and mining.
(8) 
Metallic mineral mining activity that is regulated under a mining and reclamation plan that contains soil erosion and sedimentation control provision and that is approved by the Michigan Department of Environmental Quality under part 631 of NREPA.
(9) 
Earth changes associated with well locations, surface facilities, flowlines or access roads relating to oil or gas explorations and development activities regulated under part 615 of NREPA, if the application for a permit to drill and operate under part 615 of NREPA contains a soil erosion and sedimentation control plan that is approved by the Michigan Department of Environmental Quality under Part 615 of NREPA. However, those earth changes shall conform to the same standards as required for a permit under this chapter. This subsection does not apply to a multi-source commercial hazardous waste disposal well as defined in the section 62506a.
(b) 
The SESC official may grant a permit waiver for an earth change after receiving a signed affidavit from the landowner stating that the earth change will disturb less than 225 square feet and that the earth change will not contribute sediment to lakes or streams.
(c) 
Exemptions provided in subrules (a) and (b) above, with the exception of (a)(2) shall not be construed as exemptions from enforcement procedures under this chapter, part 91 or part 91 rules, if the activities exempted by subrules (a) and (b) cause or result in a violation of this chapter, part 91 or part 91 rules.
(d) 
As used in this section, "mining" does not include the removal of clay, gravel, sand, peat or topsoil.
[Ord. No. 697, passed 8-22-2005]
(a) 
The requirements of this chapter shall be enforced by the SESC official.
(b) 
The SESC official or his or her duly authorized agents may enter at all reasonable times in or upon any private or public property for the purpose of inspecting and investigating conditions and practices which may be a violation of this chapter, part 91 and the soil erosion and sedimentation control rules promulgated pursuant to part 91.
(c) 
Upon satisfactory execution of all approved SESC plans and other requirements, the SESC official shall issue a certification of completion. If the SESC official finds any existing conditions not as stated in any application, SESC permit or approved SESC plan, he or she may refuse to approve further work until the approval of a revised SESC plan which will conform to the existing conditions.
[Ord. No. 697, passed 8-22-2005]
(a) 
If the SESC official determines that soil erosion and sedimentation of the waters of the state has or is reasonably likely to occur from a parcel of land in violation of this chapter, the SESC official, after consultation with the City Manager, shall notify the person who owns the land by mail, with return receipt requested, of that determination. The notice shall contain a description of the violation and what must be done to remedy the violation and shall specify a time to comply with this chapter.
(b) 
Within five days after the notice of violation is mailed, the landowner shall implement and maintain soil erosion and sedimentation control measures in conformance with this chapter, as specified by the notice or as otherwise determined adequate by the SESC official to prevent soil erosion and sedimentation of the waters of the state and adjacent properties.
(c) 
If after five days from the date that a notice of violation is mailed, the condition of the land, in the opinion of the SESC official, may result in or contribute to soil erosion and sedimentation of the waters of the state and adjacent properties, and if soil erosion and sedimentation control measures in conformance with this chapter are not in place, the SESC officer (or its designee) may enter upon the land and construct, implement and maintain soil erosion and sedimentation control measures in conformance with this chapter. The City shall not expend more than $10,000 for the cost of the work, materials or labor unless the notice of violation contained written notice that such costs might exceed $10,000. Further, if more than $10,000 is to be expended under this section, then the work shall not begin until at least 10 days after the notice of violation is mailed.
(d) 
All expenses incurred by the City under this section to construct, implement or maintain soil erosion and sedimentation control measures to bring the land into conformance with this chapter shall be reimbursed to the City by the person who owns the land. The costs recovered by the City shall be in addition to any civil fines, damages, expenses or costs payable to the City as a result of a violation. Further, the abatement by the City of a violation of this chapter and subsequent recovery of costs incurred by the City shall not be a defense to any action by the City against any person for the violation, including without limitation, any action by the City to collect civil fines, damages, expenses or costs as authorized by law.
(e) 
The City shall have a lien for the expenses incurred under this section in bringing the land in conformance with this chapter. With respect to single or multi-family residential property, the lien for such expenses shall have priority over all liens and encumbrances filed or recorded after the date of the expenditure. With respect to all other property, the lien for such expenses shall be collected and treated in the same manner as provided for property tax liens under the general property tax act, Act No. 206 of the Public Acts of 1893, being MCL 211.1—211.157.
[Ord. No. 697, passed 8-22-2005]
Upon a finding that there has been a violation of any provision, requirement or condition of this chapter (or of any SESC permit or SESC plan issued or approved under this chapter), the SESC official may take any enforcement action authorized by part 91, the rules, this chapter or by other applicable laws, regulations and ordinances. In addition to other remedies provided in this chapter, the SESC official's enforcement authority includes, without limitation, the ability to issue cease and desist orders and to revoke SESC permits. Failure to comply with a cease and desist order or revocation of an SESC permit shall constitute a violation of this chapter.
[Ord. No. 697, passed 8-22-2005]
(a) 
A person who violates any provision of this chapter is responsible for a municipal civil infraction, subject to payment of a civil fine of not more than $2,500 plus costs and other sanctions.
(b) 
A person who knowingly violates any provision of this chapter or knowingly makes a false statement in an application for a permit or in a soil erosion and sedimentation control plan is responsible for the payment of a civil fine of not more than $10,000 for each day of violation.
(c) 
A person who knowingly violates any provision of this chapter after receiving a notice of determination under Section 1462.18 is responsible for the payment of a civil fine of not less than $2,500 nor more than $25,000 for each day of violation.
(d) 
Civil fines collected under subsections (a), (b) and (c) above shall be deposited with the City.
(e) 
A default in the payment of a civil fine or costs ordered under this section or an installation of the fine or costs may be remedied by any means under the Revised Judicature Action of 1961, as amended (MCL 600.101 et seq.).
(f) 
Notwithstanding the existence of any other remedy, the City may maintain an action in its own name in a court of competent jurisdiction for an injunction or other process against a person to restrain or prevent violations of part 91, the rules, or this chapter.
(g) 
In addition to a fine assessed under this section, a person who violates this chapter is liable to the state for damages for injury to, or destruction of, or loss of natural resources resulting from the violation. The court may order a person who violates this part to restore the area or areas affected by the violation to their conditions as existing immediately prior to the violation.
(h) 
Each day on which a violation of this chapter continues constitutes a separate violation and shall be subject to sanctions or penalties as provided in this section as a separate violation.
(i) 
The SESC official and any person designated by the City Manager to act on his or her behalf in the administration and enforcement of this chapter are hereby designated as the authorized City officials to issue municipal civil infraction citations (directing alleged violators to appear in court) and municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) for violations of this chapter as provided by this code.