(A) This section shall be known as the Township Natural Water Drainage Course Licensing Ordinance.
(B) It shall be unlawful for any person, firm or corporation to dam, block, fill in, divert or in any other way interfere with or affect the flow of stormwater through a natural water drain, without first obtaining a permit therefor, in compliance with the provisions of this section.
(C) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this division:
NATURAL WATER DRAINAGE COURSE. A channel or defined bed, formed or determined by the general conformation of the surrounding country, in which a flow of water occurs, either continuously or intermittently, such as creek, stream, ditch and the like.
TOWNSHIP. The Charter Township of Clayton.
TOWNSHIP BOARD. The Board of the Charter Township of Clayton.
TOWNSHIP CLERK. The duly elected Clerk of the Charter Township of Clayton.
TOWNSHIP ZONING ADMINISTRATOR. The person appointed by the Township Board to enforce the zoning ordinances of the township.
(D) Applicants for a permit under this section, whether a person, firm or corporation, shall file a written, sworn application signed by the applicant, if an individual, and by an authorized officer if a firm or corporation, with the Township Zoning Administrator, showing:
(1) The name and address of the applicant;
(2) The name and address of the record owner of all land upon which the flow of stormwater is proposed to be affected or interfered with;
(3) A full and detailed explanation for the request for the issuance of a permit to interfere with or affect the flow of stormwater; and
(4) A detailed description of what the applicant proposes to do which will affect or interfere with the flow of stormwater.
(E) The following must accompany the application when it is filed with the Township Zoning Administrator, to wit:
(1) A drawing prepared by a registered engineer showing the location of:
(a) The natural water drain upon the particular parcel of land for which the permit is requested;
(b) The location of the land adjacent upstream and the location of the land adjacent downstream to the land for which the permit is requested; and
(c) The location of any lands under the jurisdiction of the Genesee County Road Commissioners and any lands under the jurisdiction of the Genesee County Drain Commissioner which are contiguous to the land for which the permit is requested.
(2) An opinion of a registered engineer as to the effect of the proposal on the following:
(a) Land upon which the request is requested;
(b) Land adjacent upstream;
(c) Land adjacent downstream;
(d) Land under the jurisdiction of the Genesee County Road Commissioners; and
(e) Land under the jurisdiction of the Genesee County Drain Commissioner.
(3) The written consent of the record owner of the premises for which the permit is requested;
(4) The written consent of the Genesee County Road Commissioners;
(5) The written consent of the Genesee County Drain Commissioner; and
(6) Required fees as determined by the Charter Township of Clayton Board in the adopted schedule of fees.
(F) Upon receipt of the application the Township Zoning Administrator shall review the application, the accompanying drawing and required written consents, and shall thereafter submit them to the Township Planning Commission with a written opinion and recommendations.
(G) Upon receipt of the written opinion and recommendation of the Township Zoning Administrator, the Township Planning Commission shall set the time and place for a special public hearing on the application. The Township Clerk shall give written notice of the special hearing to the applicant, the record owner of the premises for which the permit is requested, the record owner of the land adjacent upstream, the record owner of the land adjacent downstream, the Genesee County Road Commissioners, and the Genesee County Drain Commissioner, at least 10 days prior to the hearing by first-class mail sent through the United States Postal Service.
(H) Following the special public hearing, if, with consideration of the Planning Commission recommendation, the Township Board finds that the proposal will not substantially adversely affect the adjacent land upstream and downstream, and will not create any unsafe or hazardous health or safety conditions, or otherwise create a nuisance condition to the detriment of adjoining land users or the general public, the application shall be approved as presented or approved with conditions, and the Township Zoning Administrator shall be directed to issue the permit.
(I) Any damming, blocking, filling-in, diverting or in any other way interfering with or affecting the flow of stormwater through a natural water drain, in violation of the ordinance, is hereby declared to be a nuisance per se. The Court shall order the nuisance abated, and the violating party shall be responsible for all administrative, clerical, technical, consulting and/or legal costs or fees which are incurred by the township associated and/or related to any and all efforts and/or proceedings undertaken to abate the conditions caused and/or created.
(J) This section shall become effective upon the date of its publication following its final passage.
(Ord. 373, passed 8-14-1997) Penalty, see § 150.99