Soil Erosion

Section I. Legislative Findings
Section II. Purposes
Section III. Definitions
Section IV. Compliance with Chapter Required for Site Plan/Plat Approval
Section V. Compliance with Chapter Required for Occupancy
Section VI. Permits and Fees
Section VII. Bond Requirement
Section VIII. Extension of Time
Section IX. Failure to Complete Work
Section X. Denial of Permit
Section XI. Modifications of Approved Plans
Section XII. Responsibility of Permittee
Section XIII. General Requirements
Section XIV. Maintenance Requirements
Section XV. Variances and Exceptions
Section XVI. Inspection
Section XVII. Enforcement
Section XVIII. Recind
Section XIX. Effective Date

ORDINANCE # 12 OF 2004

SOIL EROSION AND SEDIMENTATION CONTROL

An Ordinance to provide for the control of soil erosion and sedimentation and to protect the waters of Cascade Charter Township from sedimentation under the provisions of the State of Michigan, Part 91, Soil Erosion and Sedimentation Control, Natural Resource and Environmental Protection Act, Act 451 of Public Acts of 1994 (previously known as Act 347 of the Public Acts of 1972).

THE CASCADE CHARTER TOWNSHIP BOARD ORDAINS:

Section I. Legislative findings.

The Township Board hereby finds that excessive quantities of soil are eroding from various earth change activities within the Township. This erosion makes necessary costly repairs to gullies, washed out fills, roads, and embankments. The resulting sediment clogs storm sewers and road ditches, muddies streams, and leaves deposits of silt in lakes and reservoirs and is considered a major pollutant.

Section II. Purposes.

The purpose of this Ordinance is to prevent soil erosion and sedimentation from occurring as a result of all earth change activities within the Township by requiring proper provisions for water disposal and the protection of soil surfaces during and after construction, in order to promote the safety, public health, convenience, and general welfare of the community.

Section III. Definitions.

The following definitions shall apply in the interpretation and enforcement of this Ordinance.

A. "Accelerated soil erosion" - The increased removal of the land surface that occurs as a result of human activities.

B. "Application for Termination" - A signed, written statement by the Permittee that the permitted site has been permanently stabilized and can be inspected for final completion.

C. "Certificate of Completion" - A signed, written statement by the Planning Department that the permitted construction has been inspected and found to comply with all grading plans, specifications, and or supplementary requirements.

D. "Earth Change" - A man-made change in the natural cover or topography of land, including cut and fill activities, which may result in or contribute to accelerated soil erosion.

E. "Erosion" - The process by which the ground surface is worn away by action of wind, water, gravity, or a combination thereof.

F. "Excavation or cut" - Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced, or relocated, and also included shall be the conditions resulting therefrom.

G. "Flood plain" - That area which would be inundated by a flood having a one-percent chance of being equaled or exceeded in any given year.

H. "Grading" - Any stripping, excavating, filling, stockpiling, or any combination thereof, and also included shall be the land in its excavated or filled condition.

I. "Grading permit" - A permit issued to authorize work to be performed under this Ordinance.

J. "Notice of Deficiency" - A written statement by the Township Planning Department which indicates specific deficiencies of on-site soil erosion and sedimentation control measures, either temporary or permanent, which are required to control soil erosion and sedimentation.

K. "Notice of Violation" - A written statement by the Township Planning Department which indicates specific failures and/or deficiencies of on-site soil erosion and sedimentation control measures, either temporary or permanent, which are required to control soil erosion and sedimentation and identifies the permittee as in violation of the conditions of the issued grading permit.

L. "Permanent soil erosion and sedimentation control measures" - Those control measures which are installed or constructed to control soil erosion and sedimentation and which are maintained after completion of the project.

M. "Permittee" - A person to whom a valid grading permit has been issued.

N. "Planning Department" - The Township Planning Department or other designated department as determined by the Planning Department.

O. "Person" - A natural person, firm, corporation, partnership, or association.

P. "Stop Work Order" - A written statement by the Township Planning Department indicating that all construction activities, except those specifically identified by the Township Planning Department , shall be suspended until otherwise indicated by the Township Planning Department .

Q. "Stripping" - Any activity which removes or significantly disturbs the vegetative surface cover including clearing and grubbing operations.

R. "Temporary soil erosion and sedimentation control measures" - Interim control measures which are installed or constructed for the control of soil erosion and sedimentation until permanent soil erosion control is effected.

S. "Township" - The Charter Township of Cascade, Kent County, Michigan and/or their duly authorized agent.

Section IV. Compliance with chapter required for site plan/plat approval.

No site plan, plot plan, or preliminary plat shall be approved under the terms and conditions of the Cascade Charter Township Zoning Ordinance and Subdivision Ordinance unless the site plan, plot plan, or preliminary plat includes soil erosion and sediment control measures consistent with the requirements of this Ordinance, related land development regulations, and in general accord with the Guidebook of Best Management Practices for Michigan Watersheds.

Section V. Compliance with chapter required for occupancy.

No certificate of occupancy for any building shall be issued unless the applicant for said certificate shall have obtained a Certification of Completion indicating compliance with all grading plans and specifications and completion of all required permanent soil erosion and sedimentation control measures.

Section VI. Permits and fees.

A. Permit requirement. Except as exempted by sections of this Ordinance, no person shall do any grading, stripping, excavating, filling, or undertake any earth change, unless a valid grading permit has been issued by the Township Planning Department for said work. Any grading, stripping, excavating, filling, or the undertaking of any earth change activity directly connected to a road construction activity under the authority of the Kent County Road Commission, or its assigns, shall be exempt from this Ordinance. These activities may however, require permits from another governmental agencies.

B. Permit application. A separate application shall be required for each grading permit. Plans, specifications, and timing schedules shall be submitted with each application for a grading permit. The plans shall be prepared by a person who is trained and experienced in soil erosion and sedimentation control methods and techniques. The Township Planning Department may waive this requirement if the work entails little hazard to the adjacent property and does not include the construction of a fill upon which a structure may be erected.

C. Application data required. The plans and specifications accompanying the grading permit application shall contain the following data:

1. A vicinity sketch at the scale of 1 inch to 200 feet indicating the site location as well as the adjacent properties within 500 feet of the site boundaries.

2. A boundary line survey of the site on which the work is to be performed.

3. A plan of the site at a scale not larger than 1 inch to 100 feet showing:

a. Name, address, and telephone number of the landowner, developer, and petitioner;

b. A timing schedule indicating the anticipated starting and completion dates of the development's construction sequence and the time of exposure of each area prior to the installation of permanent soil erosion sediment control measures;

c. Physical limits of and proposed earth change;

d. A certified statement of the quantity of excavation and fill involved;

e. Existing topography at a maximum of two (2) foot contour intervals;

f. Proposed topography at a maximum of two (2) foot contour intervals;

g. Location of any structure or natural feature on the site;

h. Location of any structure or natural feature on the land adjacent to the site and within fifty (50) feet of the site boundary line;

i. Location of any proposed additional structures or development on the site;

j. Elevations, dimensions, location, extent, and the slope of all proposed grading (including building and driveway grades);

k. The estimated total cost of the required temporary and permanent soil erosion and sedimentation control measures;

l. Plans of all drainage provisions, retaining walls, ribbing, planting, and any temporary or permanent soil erosion and sedimentation control measures to be constructed in connection with, or as a part of, the proposed work together with a map showing the drainage area of land tributary to the site and estimated runoff of the area served by any drains;

m. Existing soil types based on the Unified Soil Classification System.

n. Other information or data as may be required by the Township Planning Department such as a soil investigation report which shall include, but not be limited to, data regarding the nature,
distribution, and supporting ability of existing soils and/or rock on the site.

D. Fees. At the time of filing an application for a grading permit, fees shall be paid to the Township in accordance with the fee schedule as received and adopted by resolution of the Cascade Charter Township Board of Trustees.

Section VII. Bond Requirement.

A grading permit shall not be issued unless the permittee shall first post with the Township a bond executed by the landowner and a corporate surety with authority to do business in the State of Michigan as a surety.

The bond shall be in a form approved by the Township, payable to the Township and in the amount of the estimated total cost of all temporary and permanent soil erosion and sedimentation control measures. The total cost shall be estimated by the Applicant and reviewed by the Township Planning Department . The bond shall include penalty provisions for failure to complete the work on schedule as specified on the grading permit. In lieu of a surety bond, the applicant may file with the Township, a Letter of Credit or cash deposit in the amount equal to that which would be required for the surety bond.

Every bond and instrument of credit shall include and every cash deposit shall be made on the conditions that the permittee shall comply with all of the provisions of this Ordinance and all of the terms and conditions of the grading permit, and shall complete all of the work contemplated under the grading permit within the time limit specified in the grading permit, or if no time limit is specified, within 180 days after the date of the issuance of the grading permit.

Section VIII. Extension of time.

If the permittee is unable to complete the work within the specified time, the permittee may, at least ten (10) days prior to the expiration of the permit, present in writing to the Township Planning Department a request for an extension of time setting forth the reasons for the requested extension. In the event such an extension is warranted, the Township Planning Department may grant additional time for the completion of the work, but no such extension shall release the owner or surety on the bond or the person furnishing the instrument of credit or cash bond.

Section IX. Failure to complete work.

In the event of failure to complete the work or failure to comply with all the requirements, conditions, and terms of the permit, the Township Planning Department may proceed with corrective actions as described in Section XVII- Enforcement

Section X. Denial of permit.

Grading permits shall not be issued where:

A. The proposed work would cause hazards to the public safety and welfare; or

B. 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 any adjacent property or result in the deposition of debris or sediment on any public way or into any waterway or create an unreasonable hazard to persons or property; or

C. 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

D. The land area for which the grading is proposed may lie within the flood plain of any stream or watercourse (not specifically designated and delineated by the Township as an area subject to flood hazard), unless a hydrologic report, prepared by a professional engineer, is submitted to certify that the proposed grading will have no detrimental influence on the public welfare or upon the total development of the watershed.

E. For those applicants who have a previously permitted site or sites that are not in compliance with this Ordinance, additional permit granting will be postponed until said site(s) are verifiably compliant with this Ordinance.

Section XI. Modifications of approved plans.

Plan modifications shall be completed in accordance with the following provisions:

A. All modifications of the approved grading plans must be submitted and approved by the Township Planning Department . All necessary sustaining reports shall be submitted with any proposal to modify the approved grading plan.

B. No grading work in connection with any proposed modification shall be permitted without the approval of the Township Planning Department .

C. In the event that grading work in connection with any proposed modification commences or is completed prior to approval of the proposed change by the Township, the Township will issue a Notice of Violation and the existing permit for the site will be revoked. No further work on the site will be allowed until a new permit has been issued by the Township Planning Department and all applicable permit fees paid.

Section XII. Responsibility of permittee.

During grading operations the permittee shall be responsible for:

A. The prevention of damage to any public utilities or services within the limits of grading and along any routes of travel of the equipment.

B. The prevention of damage and/or repair of caused 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 all the requirements of the permit and this Ordinance.

D. The prompt removal of all soil, miscellaneous debris, or other materials applied, dumped, or otherwise deposited on streets, highways, sidewalks, or other thoroughfares, either public or private, during transit to and from the construction site.

Section XIII. General requirements. (amended by Ord. No. 5 of 2002)

A. Any earth changes shall be conducted in such a manner so as to effectively reduce accelerated soil erosion and resulting sedimentation.

B. This Ordinance incorporates by reference the rules promulgated under Part 91 of Public Act 451 of 1994. All persons engaged in earth changes shall design, implement, and maintain acceptable soil erosion and sedimentation control measures, in conformance with the State of Michigan, Part 91, Soil Erosion and Sedimentation Control, Natural Resource and Environmental Protection Act, Act 451 of Public Acts of 1994 (previously known as Act 347 of the Public Acts of 1972), all administrative rules promulgated pursuant thereto, and in general accord with the Guidebook of Best Management Practices for Michigan Watersheds, to effectively reduce accelerated soil erosion.

C. All earth changes shall be designed, constructed, and completed such that the time which an area of disturbed land is exposed shall be as limited as possible.

D. Sediment caused by accelerated soil erosion shall be removed from runoff water before it leaves the site of the earth change. Any sediment caused by accelerated soil erosion which is deposited on any lands not specifically covered by an authorized grading permit or deposited in any waterway shall be promptly removed by and at the sole expense of the Permittee. Any restoration and/or stabilization measures required due to said sediment removal shall also be installed by and at the sole expense of the Permittee.

E. Any temporary or permanent facility 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 facilities shall be removed and earth change areas graded and stabilized with permanent soil erosion control measures prior to release of the required Bond, Letter of Credit, or cash deposit.

G. Permanent soil erosion control measures for all slopes, channels, ditches, or any disturbed land area shall be implemented within five (5) calendar days after final grading or the final earth change has been completed. Where significant earth change ceases, temporary soil erosion control measures shall be implemented within five (5) calendar days. All temporary soil erosion control measures shall be maintained until permanent soil erosion control measures are implemented.

Section XIV. Maintenance requirements.

Persons implementing soil erosion and sediment control measures under this Ordinance, and all subsequent owners of property on which such measures have been taken, shall maintain all permanent erosion control measures, retaining walls, structures, plantings, and/or other protective measures.

Section XV. Variances and exceptions. (amended by Ord. No. 5 of 2002)

A. No permits shall be required for the following:

1. Those activities exempted from permitting by Part 91 of Public Act 451 of 1994 and the rules promulgated under Part 91.

2. Even though no permits are required under the above subsections, those operations and constructions which are exempted from obtaining permits must still be in compliance with the rules and regulations concerning grading and erosion specified in this Ordinance.

B. Where it is alleged that there is error or misinterpretation in any order, requirements, decisions, grant, or refusal made by the Township Planning Department , the Township Zoning Board of Appeals shall have the power to hear specific applications and may amend or change such order, requirements, decisions, grant, or refusal so that it is in harmony with the general purpose and intent of the requirements. The procedural requirements for appeals under Chapter 23 of the Cascade Charter Township Zoning Ordinance shall be applicable to appeals under this Ordinance.

Section XVI. Inspection.

The requirements of this Ordinance shall be enforced by the Township Planning Department or other designated department as determined by the Planning Department. The Township Planning Department shall inspect the work and may require inspection or compaction testing by a soil engineer or by a soil testing agency, approved by the Township Planning Department , unless it is determined by the Township Planning Department that such inspection requirements may be waived due to the non-hazardous nature of the grading.

Upon execution of all approved grading plans and other requirements, the Applicant shall file with the Township Planning Department an Application for Termination. The Township Planning Department shall inspect the executed work and upon determination of satisfactory completion, issue a Certification of Completion. If the Township Planning Department finds any existing conditions not in accordance with in any application, grading permit, approved plan or subsequent requirements, further work shall not be allowed until approval of a revised grading plan has been granted by the Township Planning Department .

Section XVII. Enforcement.

A. If the permittee is unable to complete the work or fails to comply with all the requirements, conditions, and terms of the permit, and/or subsequent requirements, the Township Planning Department shall issue a Notice of Deficiency. The issued notice shall provide a description of any deficiencies as well as the required corrective action(s). The permittee shall complete the required corrective actions within the time frame indicated on the issued notice. In the event that the permittee fails to comply with all requirements, the Township Planning Department will issue a Notice of Violation.

B. In the event that the permittee is issued a Notice of Violation, the Township Planning Department may order such work as is necessary to eliminate any danger to persons, property, or natural resources. Such work will be completed by an assigned agent of the Township Planning Department. The permittee and the surety executing the bond or person issuing the instrument of credit or making the cash deposit as required in Section VII, shall be firmly bound under a continuing obligation for the payment of all costs and expenses that may be incurred by the Township in causing any and all such work to be performed. In the case of a cash deposit, any unused portion thereof will be refunded to the permittee.

C. If the Township Planning Department finds it necessary to issue a Notice of Violation to a permittee, the Township Planning Department may require a $1,000 cash performance deposit for each subsequent single residential grading permit issued to that applicant. The amount of the performance deposit required for any other type of grading activity shall be determined by the Township at the time of application.

D. Notwithstanding the existence or pursuit of any other remedy, the Township Planning Department may maintain an action in its own name in any court of competent jurisdiction for an injunction or other process against any person to restrain or prevent violations of this Ordinance.

E. The Township Planning Department 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 Ordinance.

Section XVIII.Recind.

The approval of this Ordinance shall rescind Ordinance #4 of 1998 and its amendments.

Section XIX Effective date.

This Ordinance shall become effective upon publication in a newspaper circulated within the Township of Cascade.

The foregoing Ordinance was offered by Board Member Carpenter, supported by Board Member Jones. The roll call vote being as follows:

Yeas: Timmons, Goodyke, Carpenter, Julien, Parrish, Jones

Nays: None

Absent: Kleinheksel

_________________________
Jeanie Neve
Cascade Charter Township Deputy Clerk

CERTIFICATION

I hereby certify the foregoing to be a true copy of an Ordinance adopted at a Regular Meeting of the Cascade Charter Township Board on the 23rd day of June, 2004.

__________________________
Jeanie Neve
Cascade Charter Township Deputy Clerk

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