[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:
(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.
(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.
