Applications for approval to use wetlands or
drainageways shall consist of the following:
A.
One copy of a wetlands use permit application form
of the U.S. Army Corps of Engineers and the Michigan Department of
Natural Resources.
B.
One copy of a drawing of the proposed activity, including
at least the following:
(1)
Title block, including the applicant's name, name
of body of water, section of Township, description of activity, scale
of drawing, and date drawing was prepared. The title block shall indicate
the name and professional credentials of the engineer, architect,
planner, or other person preparing the site drawing and the name and
professional credentials of the wetlands scientist or environmental
specialist who has delineated wetlands boundaries and types. Professional
credentials will include a resume and list of experience for the firm
or individual preparing the wetland delineation.
(2)
Location and extent of protected wetlands and drainageways
on the site, as identified through field survey and presented on a
topographic map of suitable scale. For wetland use permit applications
that are accompanying a site plan or plat, the wetlands map/survey
shall be at the same scale as the site plan or plat. For wetland use
permit applications that are not accompanying a site plan or plat,
projects five acres or smaller, shall be at a scale of at least one
inch equals 50 feet is required; projects larger than five acres,
shall be at a scale of at least one inch equals 100 feet is acceptable.
(3)
Types of wetlands on the site, i.e., forested, shrub,
emergent marsh, wet meadow, and aquatic bed, identified by using methods
approved by the Michigan Department of Natural Resources as set forth
in the "Michigan Wetland Determination Manual Draft for Field Testing"
or other official publications.
(4)
A site plan, subdivision plat, or planning map which
overlays the proposed development or project onto the wetland district
and drainageways. Existing and proposed structures shall be clearly
identified in relation to existing shore features (length of frontage,
water depth and bottom configuration). If existing structures were
previously authorized by Township, state or federal permit show corresponding
permit numbers.
(5)
Typical cross-sections of existing and proposed shoreline,
waterline, structures, dredge cuts and fills, including dimensions
and elevations, and location of wetlands.
(6)
Type, volume and area for proposed shoreline construction
materials, dredge material, and fill materials.
(7)
Type and location of soil erosion control measures,
such as silt fences, straw bale berms, and sediment basins to be used
during construction, including measures which will be used to trap
sediment which might otherwise run off into wetlands.
(8)
If the proposed activity involves bulkhead construction,
show the distance along both property lines from the face of the bulkhead
to the center line of a street or other definable reference point
(e.g., northeast corner of concrete patio, twelve-inch maple on west
property line).
(9)
If the proposed activity involves dredging, furnish
the following:
(a)
If the dredging material is to be placed on-site,
outline the disposal areas on the drawing. If the dredge material
is to be hauled away, provide a vicinity map showing the disposal
area.
(b)
Show method of containing dredge material to
prevent reentry of the material into any drainageway or wetlands.
Describe all procedures which the applicant will use to minimize adverse
effects of construction.
(10)
If the activity involves a bridge or culvert
crossing, furnish the following:
(a)
Typical cross-section of the drainageway representative
of the channel and area downstream of the proposal.
(b)
Plan view of the proposal.
(c)
Cross-section view of the proposed structure
on the existing structure (if applicable). This view should include
the existing and proposed road center line for the width of the watercourse
or a minimum of 300 feet on either side of the structure.
(d)
A profile view of the proposed structure showing
the proposed end treatment and bank stabilization.
C.
One copy of a cover letter signed by the landowner
including the following information:
(1)
Name of project and one sentence description.
(2)
Date upon which the activity is proposed to commence.
(3)
A full description of any potential pollution, impairment
or destruction to the water or any natural resources resulting from
the project.
(4)
List of all federal, state, county or other local
government agency permits or approvals required for the proposed project
including permit approvals or denials already received. In the event
of denials, the reasons for denials shall be given. Attach copies
of all permits which have been issued.
(5)
Signature of applicant.
D.
A letter of nonjurisdiction from the Department of
Natural Resources and/or the U.S. Army Corps of Engineers for wetlands
regulated solely by the Township.
E.
Use applications shall be submitted to the Zoning
Administrator on or before the date that application is made for Township
approvals including, but not limited to preliminary subdivision plats,
site plans, lot splits, grading approvals, or building permits. Township
approvals for preliminary subdivision plats, site plans, lot splits,
grading approvals, or building permits shall not be granted until
approval for the use of protected wetlands, or drainageways has been
obtained.
F.
If the use application is for a wetland which is regulated
by the Department of Natural Resources and/or the U.S. Army Corps
of Engineers, then the applicant shall make complete application for
a use permit with the applicable agency. The Planning Commission shall
review a copy of the application and may make written recommendation
to the applicable agency that the wetland use permit application has
been filed. The Planning Commission may request that such agency hold
a public hearing prior to making a determination on the wetland use
permit application, as provided for by Section 8 of the Goemaere-Anderson
Wetland Protection Act (Act 203, Public Acts of 1979, as amended),
being § 281.708 of the Michigan Compiled Laws. If the Department
of Natural Resources and/or the U.S. Army Corps of Engineers determine
that the wetland is not under the jurisdiction of these agencies,
then the applicant shall be required to file a use application with
the Township.
[Amended 8-25-2003 by Ord. No. 03-12]
G.
If the use application is for a wetland which is regulated solely by the Township, the applicant shall submit a complete application to the Zoning Administrator. Upon receipt the Zoning Administrator shall review the use application for completeness. Applicants shall be notified in writing of any missing items. Following a determination that a use application is complete, the Zoning Administrator shall specify the number of copies to be submitted by the applicant. The application shall be reviewed under the procedures of § 275-18. The Zoning Administrator shall forward one copy of the use application to the Department of Natural Resources.
General review procedure for use permit applications
regulated solely by the Township:
A.
At the request of the applicant, an administrative
meeting may be held to review the proposed activity in light of the
purposes of this chapter.
B.
Upon receipt of a complete application, the Zoning
Administrator shall examine wetland mapping and may conduct or authorize
the completion of a field inspection to verify the accuracy of information
received. The receipt of a use application shall comprise permission
from the owner to complete a wetlands and drainageways inspection.
C.
If a proposed project does not require Planning Commission review and approval, such as single family residential site plans, bike paths, and other similar projects as specified under Chapter 285, Zoning, or other Township ordinances, the Township Zoning Administrator is responsible for approval or disapproval of the use applications. Applicants shall be notified in writing of the Township decision, including reasons for denial of the use application, within 90 days of filling a complete application meeting all of the requirements of § 275-17. The Zoning Administrator may forward any wetland use permit application, which is part of a project being administratively reviewed, to the Planning Commission for approval or disapproval.
D.
If a proposed project requires Planning Commission review and approval in accordance with Chapter 285, Zoning, Chapter 238, Subdivision Control, or other Township ordinances, the Planning Commission shall be responsible for reviewing the use application for approval, approval with conditions, or disapproval.
(1)
Applicants shall be notified in writing of the Township decision, including reasons for denial of the use application, within 90 days of filling a complete application meeting all of the requirements of § 275-17.
(2)
In order to facilitate uniformity between the wetland
use permit approval and any site plan approval or final preliminary
plat recommendation to the Township Board, the applicant may voluntarily
delay the wetland use permit approval until such time that the Planning
Commission makes a final decision on the site plan or plat. The concurrent
approval of the wetland use permit application and final Planning
Commission action on the site plan or plat is intended to ensure that
the location, configuration and extent of the wetland use permit conforms
correctly to the final site design for the site plan or plat as approved.
E.
The Township shall notify the Michigan Department
of Natural Resources of the Township decision.
F.
Prior to review of any use application by the Planning
Commission, notice shall be provided to adjacent property owners within
500 feet of the subject parcel containing the wetland (including property
directly across public right-of-ways and easements). The notice shall
identify the location and proposed use of wetlands and drainageways,
the time and place at which the use application may be inspected,
and the date, time and place of any scheduled public meetings where
the proposed use application will be discussed.
G.
Township administrative officials may coordinate field
inspections and assessments with state and federal agencies to the
maximum feasible extent.
H.
Whenever a use application is approved, the reviewing
authority (Zoning Administrator or Planning Commission) shall:
(1)
Attach any reasonable conditions considered necessary to ensure that the intent of this chapter will be fulfilled, to minimize or mitigate damage or impairment to, encroachment in or interference with natural resources and processes within the wetland district or drainageways, or to otherwise improve or maintain the water quality. Any conditions related to impact mitigation shall follow the provisions of § 275-20 of this chapter.
(2)
Fix a reasonable time to complete the proposed activity.
(3)
Require the applicant to file with the Township a
cash or corporate surety bond or irrevocable bank letter of credit
in an amount, if any, determined necessary by the Township to ensure
compliance with this chapter and conditions of the use approval, including
any mitigation and monitoring plan.
I.
Final Township authorization to undertake any approved
project in wetlands and drainageways shall be contingent upon receipt
of evidence that required state and federal permits, if any, have
been obtained.
J.
Any change in the size, scope, or use of a project
site shall be considered to be a new activity and shall require the
filing of a new wetlands and drainageways use application.
In arriving at a determination with respect
to a proposed wetlands and drainageways use application, Township
officials shall take into consideration at least the following standards
and criteria:
A.
A permit shall be issued only if the proposed project
or activity is clearly in the public interest, and is otherwise lawful
in all respects.
B.
In determining whether the activity is in the public
interest, the benefit which would reasonably be expected to accrue
from the proposal shall be balanced against the reasonably foreseeable
detriments of the activity, taking into consideration the local, state
and national concern for the protection and preservation of natural
resources from pollution, impairment and/or destruction. An approval
shall not be granted for a project where the disruption to the aquatic
resources is shown to be unacceptable, when balanced against the public
benefit that is expected to accrue from the proposed activity. The
following general criteria shall be applied in undertaking this balancing
test:
(1)
The relative extent of the public and private need
for the proposed activity.
(2)
The availability of feasible and prudent alternative
locations and methods to accomplish the expected benefits from the
activity, including alternatives which are off-site or on other commercially
available properties.
(3)
The extent and permanence of the beneficial or detrimental
effects which the proposed activity may have on the public and private
use to which the area is suited, including the benefits the wetland
provides.
(4)
The probable impact of the proposal in relation to
the cumulative effect created by other existing and anticipated activities
in the watershed.
(5)
The probable impact on recognized historic, cultural,
scenic, ecological, or recreational values and on the public health
or fish or wildlife.
(6)
The size and quality of the wetland being considered.
(7)
The amount and quality of remaining wetland in the
area.
(8)
Proximity to any waterway.
(9)
Extent to which upland soil erosion adjacent to protected
wetlands or drainageways is controlled.
(10)
Economic value, both public and private, of
the proposed land change to the general area.
(11)
Findings of necessity for the proposed project
which have been made by other state or local agencies.
A.
Prior to considering a proposal for wetland mitigation,
the applicant shall submit evidence that all of the following requirements
have been satisfied:
B.
If the reviewing authority (Zoning Administrator or
Planning Commission) determines that it is practical to replace the
wetland resource values which will be unavoidably impacted, the following
criteria shall be considered when reviewing an applicant's mitigation
proposal:
(1)
Mitigation shall be provided on-site where practical
and beneficial to the wetland resources. If mitigation on-site is
not practical and beneficial, mitigation in the immediate vicinity
of the permitted activity may be considered. In all cases, mitigation
shall be provided within the jurisdiction of Grosse Ile Township.
(2)
Any proposal shall assure that, upon completion, there
shall be no net loss to the wetland resources.
(3)
The proposal shall give consideration to replacement
of the predominant functional values lost within the impacted wetland.
(4)
Any mitigation activity shall be completed before
initiation of other permitted activities, unless a phased concurrent
schedule can be agreed upon between the Township and the applicant.
(5)
Monitoring to establish documentation of the functional
performance of the mitigation shall be required as permit conditions,
as well as necessary corrective actions required, to deliver the wetland
resource values identified. Monitoring shall be conducted for a period
of three to five years, as determined by the Township reviewing authority
(Zoning Administrator or Planning Commission), with written reports
provided to the Township on an annual basis. If wetland mitigation
is not successful, as measured by the establishment of wetland hydrologic
conditions and vegetation, then additional mitigation and monitoring
may be required by the Township.
(6)
The applicant shall be required to post a performance bond with the Township prior to undertaking any wetland activity approved by the Township under this chapter. The Township shall refund the performance bond to the applicant after the monitoring period is successfully completed as described in Subsection B(5) above.
C.
If the reviewing authority (Zoning Administrator or
Planning Commission) determines that it is not practical to replace
the wetland resource values which will be unavoidably impacted, then
the Township may require other measures to ensure preservation or
enhancement of the natural ecosystems associated with the on-site
wetlands to remain. This may include the following:
(1)
Restoration to a natural state of an area which is
an ecologically integral part of the on-site wetlands to remain; and/or
(2)
Dedication of a preservation easement over an area
which is an ecologically integral part of the on-site wetlands to
remain. This shall be done to preserve the natural quality of these
wetlands and minimize additional wetland impacts.
D.
Wetland impact mitigation and monitoring plans shall
become conditions of use approval.
E.
All costs for preparing and carrying out mitigation
and monitoring plans shall be the responsibility of the applicant.
A.
An applicant who is aggrieved by a decision of the
designated official concerning the use of wetlands and drainageways
may appeal the decision to the Planning Commission. In reviewing the
appeal, the Planning Commission shall determine whether the review
criteria and standards set forth in this chapter have been met. The
Planning Commission, based upon its appellate review, may reverse,
affirm or modify the approval granted by the Township administrative
official.
B.
An applicant who is aggrieved by a decision of the
Planning Commission concerning the use of wetlands and drainageways
may make an appeal to the Township Board.
C.
All appeals must be filed, in writing, within seven
days following the decision. The issuance of a use approval shall
be suspended pending the outcome of the appeal.
D.
Adjacent property owners shall be notified of the
appeal and the date, time and place at which the appeal will be considered.
E.
The Township Board, based upon its appellate review,
may reverse, affirm or modify the approval granted by the Planning
Commission. In reviewing the appeal, the Township Board shall determine
whether the review criteria and standards set forth in this chapter
have been met.
F.
If an applicant who is aggrieved by a decision of
Grosse Ile Township concerning the use of wetlands and drainageways,
and has exhausted all appeals, the landowner may request a revaluation
of the affected property for assessment purposes to determine its
fair market value under the use restriction.
G.
This chapter does not limit the right of a wetland
owner to institute proceedings in any circuit or the circuit court
of the state against any person when necessary to protect the wetland
owner's rights.
A.
With the filing of an application, a nonrefundable
application fee shall be paid to the Township, in an amount specified
by resolution of the Township Board, to cover Township administration
and inspection costs related to the use application.
B.
An escrow fee shall be established in an amount determined
by the Township Board to pay for the estimated cost of consultant(s)
who may be retained by the Township to assist with the review of the
application.In the event that the cost of the consultant services
is less than the escrow fee, the applicant shall be refunded the balance.
In the event the cost of consultant services exceeds the amount of
the escrow fee, the applicant shall pay the deficiency to the Township
prior to the issuance of a use approval. A denial of an applicant
for a use application shall not affect the applicant's obligation
to pay the escrow fee provided for in this section.
