In conformance with the provisions of this chapter, all operations
affecting floodplains, floodways, watercourses, and wetlands shall
require the filing and approval of a development permit application
and the issuance of a development permit, unless this chapter grants
an exemption for such operations. The Township Board shall establish
fees and escrow requirements to cover processing costs.
A.
All development permit applications must be completed in full and
submitted to the Township Clerk with the accompanying fee.
B.
For activities and operations requiring a wetland permit under this
chapter, the submission and processing of the application shall be
as follows:
(1)
An application for a Township wetland permit shall be made on the
form supplied by the State Department of Environmental Quality.
(2)
Each person applying for a Township wetland permit shall make application
directly with the Township through the Building Department.
(3)
Upon receipt, the Building Department shall forward a copy of each
application to the State Department of Environmental Quality.
(4)
The Township, with the assistance of its consultants in those cases
deemed by the Township to be appropriate, shall review the application
pursuant to this chapter.
(5)
The application shall be modified, approved or denied within 90 days
after receipt, subject to the following provision.
(6)
The applicant for an approval required in conjunction with site plan review or subdivision approval shall, at the time of submission, elect to have the application processed under either Subsection B(6)(a) or (b) of this section:
(a)
The wetland application shall be reviewed immediately, either
prior to or concurrent with the review of the site plan, plat or other
proposed land use submitted by the applicant, with the understanding
that the land use review may not be completed at the time the decision
is rendered on the wetland application. Election of this alternative
may require a reopening of the wetland application if the land use
approval is inconsistent with the wetland approval; or
(b)
The wetland application shall be reviewed and acted upon concurrent
with the review of the site plan, plat or other proposed land use
submitted by the applicant, and the ninety-day review period limitation
specified in Section 30307(7) of Public Act No. 451 of 1994 [MCLA
§ 324.30307(7)] shall thereby be extended accordingly.
(7)
The denial of a permit shall be accompanied by a written reason for
denial. The failure to supply complete information with a permit application
may be reason for denial of a permit.
For activities and cases in areas other than wetlands, the following
information shall be provided with the application:
A.
A detailed description and purpose of the proposed operation.
B.
Amount and type of material to be removed or deposited.
C.
A dimensional legal description, parcel identification number, zoning
classification (including zoning on adjacent parcels), existing features,
and the size and location of all parts of the proposed operation.
D.
Where removal, depositing or grading is proposed, an accurate topographical
map of these disturbed areas should be drawn to scale of not less
than one inch equals 50 feet and shall be prepared and certified by
a registered landscape architect, land surveyor or civil engineer.
The topographical map shall contain:
(1)
Name and address of the owner of record of the affected property,
and of the applicant if other than the owner.
(2)
Location and dimensions of all boundary lines.
(3)
Names of the owners of record of adjoining properties and of properties
directly across any road.
(4)
Graphic scale.
(5)
North arrow.
(6)
Date.
(7)
Existing contour data for the entire property with a vertical contour
interval of no more than five feet, and the vertical contour data
at an interval of no more than two feet for all areas to be disturbed
by the proposed operation, extending for a distance of at least 50
feet beyond the limits of such areas. Indicated elevations shall be
based on United States Geological Survey datum.
(8)
Location map at a scale of not less than one inch equals 2,000 feet
showing property lines, and general relationship of the proposed property
to the surrounding area within 1/2 mile.
(9)
Soil borings to determine extent of poorly drained and very poorly
drained soils. (See definition of "wetlands.")
(10)
Location of proposed buildings, structures, driveways and septic
fields.
(11)
Elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures.
(12)
Base flood elevation data where the proposed development is
subject to the Land Division Act, Public Act No. 288 of 1967 (MCLA
§ 560.101 et seq.) or if the area is greater than five acres
in size.
(13)
An area map at a scale of not less than one inch equals 200
feet showing property lines, normal high-water line boundary and elevation,
wetlands, proposed changes in location and extent of existing watercourses,
flood lands and drainagecourses.
(14)
Specification of the extent of all areas to be disturbed, the
depth to which removal or deposition operations are proposed, and
the angle of repose of all slopes of deposited materials and/or sides
of channels or excavations resulting from removal operations.
(15)
Proposed contours at an interval of no more than two feet.
The method of review of the permit application shall be determined
by the Township Clerk, by the extent of the proposed operation as
follows:
A.
For construction of scenic ponds not exceeding one acre, and not
located in a wetland and for single-family residences and operations
and uses normally accessory thereto, the development permit application
shall be reviewed by the Building Department which, if the proposed
operation is found to conform with the requirements of this chapter,
may issue a development permit.
B.
For any proposed operation not covered by § 210-15, the Township Clerk shall forward the development permit application to the Planning Commission and Township Board for review in conformance with the requirements and standards of this chapter.
C.
The Planning Commission shall submit its recommendation to the Township
Board which shall make the final determination of approval or denial.
D.
The Planning Commission shall obtain and maintain records of elevation
levels for all new or substantially improved structures and whether
or not such structures contain a basement.
A.
The granting of a variance and/or the appeal from a decision of the
Building Director or the Township Board on a development permit application
shall be made to the Zoning Board of Appeals, hereinafter called the
"review board," within 45 days of that decision.[1]
B.
The Township Board shall establish, by resolution, the membership
of the review board, requirements for notice, and any other standards
for review which are not mentioned herein.
D.
The review board shall establish its own rules of procedure.
A.
All operations permitted or approved by use permits shall be conducted
in such a manner as will cause the least possible damage and encroachment
or interference with natural resources and natural processes within
the flood hazard, floodplain, watercourses and wetland areas in the
Township as defined in this chapter.
B.
The Township shall upon the issuance of a permit:
(1)
Impose such conditions on the manner and extent of the proposed operation,
use or structure or use activity as are necessary to ensure that the
intent of this chapter is carried out;
(2)
Fix a reasonable time within which any construction, removal, or
deposition operations must be completed; and
(3)
Require the filing with the Township of a cash bond or irrevocable
letter of credit, in such form and amount as determined necessary
by the Township Board to ensure compliance with the approved development
permit.
C.
Where a final preliminary subdivision plat, a final site plan, or
a final approval of a private road development containing work as
defined in this chapter has been reviewed and approved by the Township
Board in conformance with the requirements of this chapter, such approval,
together with any additional terms and conditions attached thereto
shall be considered to have completed the requirements for a permit.
D.
Land shall not be divided in a manner creating parcels or lots which
cannot be used in conformance with the requirements of this chapter.
The permit issued under this chapter shall contain at least
the following:
A.
The name, address and telephone number of the person to whom the
permit has been issued.
B.
The name, address and telephone number of the owner of the property
on which the activity or operation shall occur.
C.
A statement of all conditions imposed in connection with the issuance
of the permit.
D.
Any required time period for commencement of one or more operations.
E.
The date by which any construction, removal, deposit or operation
must be completed, i.e., the expiration date of the permit.
F.
The amount of any cash bond or irrevocable letter of credit, and
the institution issuing such irrevocable letter of credit as determined
necessary by the Township to ensure compliance with the permit as
issued.
G.
A statement that: "All activities and operations permitted or approved
by this permit shall be conducted in such a manner as will cause the
least possible damage and encroachment or interference with natural
resources and natural processes."
H.
The legal description of the parcel to which the permit pertains.
I.
All soil erosion permit requirements shall be met prior to any operation
or activity.
J.
Any and all necessary temporary drainage measures, as approved, shall
be undertaken to ensure that no temporary or permanent blockages of
drainage result.
Upon issuance of a permit and prior to the undertaking of any
site work, the persons to whom the permit has been issued shall post
a copy of the permit on the property in a conspicuous place which
is accessible for inspection and reading by the public.
A.
With the filing of an application, a deposit shall be made payable
to the Township in an amount specified by resolution of the Township
Board, entitled to cover all fees, including inspection, public hearing
and monitoring fees.
B.
If an environmental statement, environmental assessment, or an environmental
impact study is required, or if other consultant fees are required
to be expended in reviewing the application, a further deposit shall
be made in an amount determined by the Township at the time the Township
learns of the requirement of such submission and/or consultant based
upon the nature and extent of the study and/or consultations.
C.
All amounts of deficiency shall be paid, and all amounts of overage
shall be returned, prior to or concurrent with final action on the
application.
This chapter does not obviate the necessity for the applicant
to obtain a permit required by any other agency before proceeding
with operations approved under this chapter. Obtaining such other
approval or permits as may be required is solely the responsibility
of the applicant, and no operations shall be initiated by the applicant
until such permits have been issued. The State Department of Environmental
Quality shall be contacted by the applicant regarding acts under the
State Department of Environmental Quality jurisdiction.
