(A) Jurisdiction.
(1) The Zoning Office shall be the enforcement agency for regulated earth changes proposed within the boundaries of the City of Cheboygan, except for earth changes undertaken by state, county and local agencies, designated as authorized public agencies under Section 9110 of Part 91 of 1991 PA 451.
(2) An authorized public agency is exempt from this chapter but shall notify the enforcement agency of any proposed earth change which is more extensive than normal maintenance.
(3) When earth changes are proposed on sites which are partially under the jurisdiction of two or more local or county enforcing agencies, application review and permit issuance will be completed by the Michigan Department of Environmental Quality.
(4) The Enforcement Agency may consult with the City Attorney, City Engineer, the Natural Resources Conservation Office, and any other agency or person on any matter related to the enforcement agency’s duties under this chapter.
(B) Regulated earth changes. Earth changes requiring a stormwater flow control permit include the following:
(1) Industrial and commercial use development sites, regardless of size, location or environmental sensitivity.
(2) All subdivision and condominium developments as defined by Section 102 of 1967 PA 288, as amended, regardless of size, location or environmental sensitivity.
(C) Permit application submission.
(1) Copies of permit application form shall be made available by the enforcement agency.
(2) All applications for stormwater flow control permits shall include one copy of the proposed soil erosion sedimentation plan and permit per the Cheboygan County Ordinance and three copies of the stormwater flow control plan, unless more copies are requested by the enforcement agency, and be accompanied by the appropriate fees as determined by the City Council.
(3) Permit applications shall be submitted to the enforcement agency.
(4) Application for a permit shall be made and permit approval must be obtained prior to the initiation of any work activity. Any unauthorized work shall be considered a violation of this chapter regardless of any later actions taken toward compliance. Soil test borings, vegetative cutting for land surveys, percolation tests, and normal maintenance shall not be considered a start of work under this chapter.
(5) The application review period begins upon receipt of a completed application and must be acted upon within 30 days by the enforcement agency.
(D) Permit action.
(1) If the enforcement agency and/or the City Engineer determines that the proposed stormwater flow control plan complies with the standards in this chapter and any other applicable state and federal laws and regulations which it enforces, a permit shall be issued specifying the work approved. No work shall begin until a site plan is approved pursuant to Sections 154.045 through 154.049 of this Code of Ordinances.
(2) If the enforcement agency and/or the City Engineer determines that the proposed stormwater flow control plan does not comply with the standards in this chapter, the permit request shall be modified or denied. As a condition to any permit, the enforcement agency may require the applicant to provide any modified or alternative location, design or method which it determines to be reasonably necessary to comply with the standards of this chapter.
(3) The enforcement agency shall furnish the applicant or other interested person with a statement in writing of the reasons for a permit denial.
(E) Permit expiration or revocation.
(1) Permits shall terminate automatically if activity has not commenced by the expiration date. The permit holder may be granted an extension if the enforcement agency believes that there are valid reasons to support an extension.
(2) A permit issued by the enforcement agency under this chapter may be revoked or suspended for any of the following reasons:
(a) A violation of a condition of the permit.
(b) Obtaining a permit by misrepresentation or failure to fully disclose relevant facts in the application or stormwater flow control plan.
(c) A change in a condition that requires a temporary or permanent change in the activity.
(Ord. eff. 9-6-07; Am. Ord. eff. 12-15-08) Penalty, see § 156.99