[Added 8-25-2003 by Ord. No. 03-12]
A.
Prior to any application by Grosse Ile Township to
the Michigan Department of Natural Resources or the U.S. Army Corps
of Engineers for a wetland use permit, the Planning Commission shall
hold a public hearing on the proposed application for a wetland use
permit. The Planning Commission shall review the complete wetland
use permit application, receive public comment and make a recommendation
to the Township Board prior to the Township submitting such permit
to the applicable agency.
B.
The Zoning Administrator shall publish a notice of
public hearing in a newspaper of general circulation in the Township.
Separate notice shall be sent by mail or personal delivery to all
persons to whom real property is assessed within 300 feet of the location
of the proposed wetland use.
C.
Where Grosse Ile Township proposes the use of a wetland
regulated by the Township under the provision of this chapter, the
Township shall be required to obtain the approval of the Planning
Commission following the procedures and requirements of this chapter.
[Admended 8-25-2003 by Ord. No. 03-12]
Wetlands may be used for the following activities
without the necessity of a Township wetland use permit under this
article. The intent of this section is to provide consistency with
the Goemaere-Anderson Wetland Protection Act (Act 203, Public Acts
of 1979, as amended), however the uses listed below may not be permitted
by the Zoning Ordinance[1] within the various zoning districts. All activities are
subject to the regulations and restrictions of all other Township
ordinances.
A.
Fishing, trapping, hunting or birdwatching.
B.
Swimming, boating, or canoeing.
C.
Hiking.
D.
Grazing and/or watering of animals.
E.
Farming, horticulture, silviculture, lumbering, and
ranching activities, including plowing, irrigation, irrigation ditching,
seeding, cultivating, minor drainage, harvesting for the production
of food, fiber, and forest products, or upland soil and water conservation
practices. Wetland altered under this subdivision shall not be used
for a purpose other than a purpose described in this subsection without
a permit obtained under this chapter.
F.
Maintenance or operation of serviceable structures
in existence on the effective date of this amendment or constructed
pursuant to this chapter.
G.
Construction or maintenance of farm or stock ponds.
H.
Maintenance, operation, or improvement which includes
straightening, widening, or deepening of the following which is necessary
for the production or harvesting of agricultural products:
(1)
An existing private agricultural drain.
(2)
That portion of a drain legally established pursuant
to the Drain Code of 1956, Act No. 40 of the Public Acts of 1956,
as amended, being §§ 280.1 to 280.630 of the Michigan
Compiled Laws, which has been constructed or improved for drainage
purposes.
(3)
A drain constructed pursuant to other provisions of
this chapter.
I.
Construction or maintenance of farm roads, forest
roads, or temporary roads for moving mining or forestry equipment,
if the roads are constructed and maintained in a manner to assure
that any adverse effect on the wetland will be otherwise minimized.
J.
Drainage necessary for the production and harvesting
of agricultural products if the wetland is owned by a person who is
engaged in commercial farming and the land is to be used for the production
and harvesting of agricultural products. Except as otherwise provided
in this chapter, wetland improved under this section after the effective
date of this amendment shall not be used for nonfarming purposes without
a permit from the Township. This shall not apply to a wetland which
is contiguous to a lake or stream, or to a tributary of a lake or
stream, or to a wetland which the Township has determined by clear
and convincing evidence to be a wetland which is necessary to be preserved
for the public interest, in which case a permit shall be required.
K.
Maintenance or improvement of public streets, highways,
or roads, within the right-of-way and in such a manner as to assure
that any adverse effect on the wetland will be otherwise minimized.
Maintenance or improvement does not include adding extra lanes; increasing
the right-of-way; or deviating from the existing location of the street,
highway, or road.
L.
Maintenance, repair, or operation of gas or oil pipelines
and construction of gas or oil pipelines having a diameter of six
inches or less, if the pipelines are constructed, maintained, or repaired
in a manner to assure that any adverse effect on the wetland will
be otherwise minimized.
M.
Maintenance, repair, or operation of electric transmission
and distribution power lines and construction of distribution power
line if the distribution power lines are constructed, maintained,
or repaired in a manner to assure that any adverse effect on the wetland
will be otherwise minimized.
N.
Operation or maintenance, including reconstruction
of recently damaged parts, of serviceable dikes and levees in existence
on the effective date of this amendment or constructed pursuant to
this chapter.
O.
Construction of iron and copper mining tailings basins
and water storage areas.
P.
Activities within wetlands that are regulated by the
Michigan Department of Natural Resources or the U.S. Army Corps of
Engineers where a current permit for such activities has been obtained
from the applicable agency.
It shall be unlawful for any person to do any of the following unless and until written approval is obtained from the Township pursuant to this chapter, or unless it is conducted as part of an activity not requiring a use permit under § 275-12:
A.
Deposit or permit to be deposited any material or
structures, into, within or upon any protected wetlands; or into any
drainageway.
B.
Remove or permit to be removed any material (including
soils or tree stumps) from any protected wetland; or into any drainageway.
C.
Remove or permit to be removed any vegetation, including
trees, which would adversely affect the nutrient cycling or sediment
trapping functions of the protected wetland.
D.
Dredge, fill, grade, or land balance bottomlands or
protected wetlands.
E.
Create, enlarge, diminish or alter a lake, creek,
stream, canal, river or any other naturally or artificially occurring
water body or drainageway.
F.
Construct, place, enlarge, extend or remove a temporary,
seasonal or permanent operation or structure upon bottomlands or protected
wetlands.
G.
Construct, extend, or enlarge any pipe, culvert, or
open or closed drainage facility which discharges silt, sediment,
organic or inorganic materials, chemicals, fertilizers, flammable
liquids or any other pollutants to any protected wetland or drainageway
except through a retention area, settling filter, or treatment facility
designed to control and eliminate the pollutant.
H.
Construct, enlarge, extend or connect any private
or public sewage or waste treatment plant discharge to any lake, stream,
drainageway or watercourse, or protected wetland except in accordance
with the requirements of Wayne County, State of Michigan and/or the
United States, to the extent that such entities have jurisdiction.
I.
Drain, or cause to be drained, any water from a protected
wetland.
J.
Alter the flow of surface water or groundwater which
is essential for sustaining protected wetland hydrology, vegetation,
or aquatic life.
