For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEPARTMENT OF PUBLIC WORKS or DPW. The City of Burton Department of Public Works, which is designated as the municipal enforcing agency for the City of Burton.
DPW DIRECTOR. The City of Burton Director of Public works.
EARTH CHANGE. 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 and 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.
LAKE. The Great Lakes and all natural and artificial inland lakes or impoundments that have definite banks, a bed, visible evidence of continued occurrence or water, and a surface area of water that is equal to or greater than 1 acre. LAKE does include sediment basins and basins constructed for the sole purpose of storm water retention, cooling water, or treating polluted water.
LANDOWNER. The person who owns or holds a recorded easement on the property or who is engaged in construction in a public right-of-way in accordance with §§13,14,15 and 16 of Act No. 368 of the Public Acts of 1925, as amended, being M.C.L.A. §§247.183, 247.184, 247.185 and 247.186 and as otherwise defined in Part 91.
NON-EROSIVE VELOCITY. A speed of water movement that is not conductive to the development of accelerated soil erosion.
PART 91. Part 91 of the Natural Resources and Environmental Protection Act, being Public Act 451 of the Public Acts of Michigan of 1994, as amended.
PERMANENT SOIL EROSION AND SEDIMENTATION CONTROL MEASURES. Control measures which are installed or constructed to control soil erosion and sedimentation and which are maintained after project completion.
PERSON. Any individual, firm, corporation, partnership, association, trust, agency or other entity.
REPEAT OFFENSE. A second (or any subsequent) municipal civil infraction violation of the same requirement or provision of this ordinance, which is committed by the same person within any 6 month period and for which the person admits responsibility or is determined to be responsible.
RULES. Part 91 Rules promulgated by the State of Michigan Department of Environmental Quality, pursuant to the Administrative Procedures Act, Act 306 of the Public Acts of Michigan 1969, as amended.
SEDIMENT. Solid particulate matter, including both mineral and organic, which is in suspension in water, is being transported, or has been removed from is site of origin by the actions of wind, water or gravity and has been deposited elsewhere.
SOIL EROSION. The wearing away of land by the action of wind, water, gravity or a combination of wind, water or gravity.
STABILIZATION. The establishment of vegetation or the proper placement, grading or covering of soil to ensure its resistance to soil erosion, sliding or other earth movement.
STREAM. A river, creek, or other surface watercourse which may or may not be serving as a drain, as defined in Public Act 40 of 1956, as amended, 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.
TEMPORARY SOIL EROSION AND SEDIMENTATION CONTROL MEASURES. Interim control measures which are installed or constructed to control soil erosion and sedimentation and which are not maintained after project completion.
WATERS OF THE STATE. The Great Lakes and their connecting water, inland lakes and streams as defined in Part 91 and the Rules, and wetlands which are regulated under Part 303 of Public Act 451 of 1994, as amended.
WETLANDS. Land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh, which is regulated by Part 303 of Public Act 451 of 1994, as amended.
(Ord. 2021-2-154, passed 2-1-2021)