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(A) A SESC permit is not required for any of the following agricultural practices if the earth change activities do not result in or contribute to soil erosion or sedimentation of the waters of the state or a discharge of sediment off-site, SESC Permit Exemptions are stated in Part 91 and include but are not limited to the following:
(1) The construction, maintenance, or removal of fences and fence lines.
(2) The removal of tree or shrub stumps or roots.
(3) The installation of drainage tile, irrigation, or electrical lines.
(4) The construction or maintenance of 1 or more ponds that meet all of the following:
(a) The earth change associated with the construction or maintenance is less than 5 acres.
(b) The earth change associated with the construction or maintenance does not result in a discharge of storm water into the waters of the state.
(c) The earth change associated with the construction or maintenance is not part of a larger plan of development. As used in this subparagraph, "larger plan of development" means a contiguous area where multiple separate and distinct construction activities are occurring under a single plan as identified in documentation or physical demarcation indicating where construction activities may occur.
(B) Notwithstanding any other provision of this part, a residential property owner who causes the following activities to be conducted on individual residential property owned and occupied by him or her is not required to obtain a permit under this part if the earth change activities do not result in or contribute to soil erosion or sedimentation of the waters of the state or a discharge of sediment off-site:
(1) An earth change of a minor nature that is stabilized within 24 hours of the initial earth disturbance.
(2) Gardening, if the natural elevation of the area is not raised.
(3) Post holes for fencing, decks, utility posts, mailboxes, or similar applications, if no additional grading or earth change occurs for use of the post holes.
(4) Removal of tree stumps, shrub stumps, or roots resulting in an earth change not to exceed 100 square feet.
(5) All of the following activities, if soil erosion and sedimentation controls are implemented, the earth change is stabilized within 24 hours of the initial earth disturbance, and soil erosion or sedimentation to adjacent properties or the waters of the state has not or will not reasonably occur:
(a) Planting of trees, shrubs, or other similar plants.
(b) Seeding or reseeding of lawns of less than 1 acre if the seeded area is at least 100 feet from the waters of the state.
(c) Seeding or reseeding of lawns closer than 100 feet from the waters of the state if the area to be seeded or reseeded does not exceed 100 square feet.
(d) The temporary stockpiling of soil, sand, or gravel not greater than a total of 10 cubic yards on the property if the stockpiling occurs at least 100 feet from the waters of the state.
(e) Seawall maintenance that does not exceed 100 square feet.
(C) Exemptions provided in this section shall not be construed as exemptions from enforcement procedures under this part or the rules promulgated under this part if the exempted activities cause or result m a violation of this part or the rules promulgated under this part.
(D) An earth change activity that does not require a SESC permit, is not exempt from enforcement procedures if the activity, which is exempt from the SESC permit requirements, cause or results in a violation of this ordinance, Part 91 or the Rules.
(Ord. 2021-2-154, passed 2-1-2021)
(A) Applications for soil erosion and sedimentation control permits shall be available at the DPW offices. Any landowner or designated agent shall submit an application to the DPW, which includes a Soil Erosion and Sedimentation Control Plan, as set forth in this ordinance, and any other documentation that the DPW may require.
(B) Any landowner or designated agent seeking a soil erosion and sedimentation permit shall submit a review fee with the SESC permit application. The review fee schedule shall be established by resolution of City Council and may be amended from time to time by resolution of City Council.
(A) Prior to issuance of any SESC Permit, the DPW Director or his or her designee may enter at all reasonable times, and upon reasonable notice of the landowner, in or upon any private or public property for the purpose of inspecting and investigating site conditions or proposed measures set forth in the soil erosion and sedimentation permit application or plan.
(B) The DPW shall approve or disapprove an application within 30 calendar days following receipt of a complete application, as may have been modified. The DPW shall notify an applicant of approval by first-class mail. If an application is disapproved, then the DPW shall advise the applicant by certified mail of its reasons for disapproval and conditions required for approval. The DPW need not notify an applicant of approval or disapproval by mail if the applicant is given written approval or disapproval of the application in person. A SESC permit given to the applicant either in person or by first-class mail constitutes approval.
(C) If applicable upon a determination that a SESC permit applicant has met all of the requirements of this ordinance, Part 91 and the Rules, the DPW shall issue a SESC permit for the proposed earth change.
(D) As a condition for the issuance of a SESC permit, the DPW may require the Applicant to deposit with the City Clerk, in the form of a certified check, an irrevocable bank letter of credit, or a surety or performance bond acceptable to the city, in an amount sufficient to assure the installation and completion of such protective or corrective measures as may be required by the DPW.
(Ord. 2021-2-154, passed 2-1-2021)
(A) A person shall design, construct and complete an earth change in a manner that limits the exposed area of any disturbed land for the shortest possible period of time, as determined by the DPW.
(B) A person shall remove sediment caused by accelerated soil erosion from runoff water before it leaves the site of the earth change.
(C) A person shall design a temporary or permanent control measure that is designed and constructed for the conveyance of water around, through, or from the earth change area to limit the water flow to a non-erosive velocity.
(D) A person shall install temporary soil erosion and sedimentation control measures before or upon commencement of the earth change activity and shall maintain the measures on a daily basis. A person shall remove temporary soil erosion and sedimentation control measures after permanent soil erosion measures are in place and the area is stabilized. A person shall stabilize the area with permanent soil erosion control measures under approved standards and specifications as prescribed by this ordinance.
(E) A person shall complete permanent soil, erosion control measures for all slopes channels, ditches, or any disturbed land area within 5 calendar days after final grading or the final earth change has been completed. If it is not possible to permanently stabilize a disturbed area after an earth change has been completed or if significant earth change activity ceases, then a person shall maintain temporary soil erosion and sedimentation control measures until permanent soil erosion control measures are in place and the area is stabilized.
(A) A person shall complete all temporary and permanent erosion and sedimentation control measures according to the approved plan and/or the SESC permit conditions.
(B) A person shall install and maintain control measures in accordance with the standards and specifications of the City of Burton and Michigan Department of Environment, Great Lakes, and Energy (EGLE).
(Ord. 2021-2-154, passed 2-1-2021)
(A) An authorized municipal official may issue a cease and desist order or the DPW may revoke a SESC permit upon its finding that there is a violation of this ordinance, Part 91 or the Rules, or upon its finding that there is a violation of SESC permit or an approved Soil Erosion and Sedimentation Control Plan.
(B) Notwithstanding the existence or pursuit of any other remedy, the city may maintain an action in its own name in a court of competent jurisdiction for an injunction or other process against a person to restrain or prevent violations of this ordinance.
(C) The DPW Director or his or her designee may enter, at all reasonable times, in or upon any private or public property for the purpose of inspecting and investigating conditions or practices that may be in violation of this ordinance.
(D) If the DPW determines that soil erosion or sedimentation of adjacent properties or the waters of the state has or will reasonably occur from land in violation of this ordinance, the DPW may seek to enforce a violation of this ordinance by notifying the person who owns the land, by mail, with return receipt requested, of its determination. The notice shall contain a description of the violation and what must be done to remedy the violation and shall specify a time to comply with this ordinance.
(A) Within 5 days after a notice of violation has been issued under this ordinance, a person who owns the subject land shall implement and maintain soil erosion and sedimentation control measures in conformance with this ordinance, Part 91 and the Rules.
(B) No sooner than 5 days after the notice of violation has been mailed under this ordinance, if the condition of the land, in the opinion of the DPW results in or contributes to the soil erosion and sedimentation of adjacent properties or to the lake or stream, and if soil erosion and sedimentation control measures in conformance with this ordinance, Part 91 or the Rules are not in place, the DPW Director or his or her designee may authorize entry upon the land and construct, implement, and maintain soil erosion and sedimentation control measures in conformance with this ordinance, Part 91 or the Rules.
(Ord. 2021-2-154, passed 2-1-2021)
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