(A) Woodlands.
(1) The standards of this section are intended to promote the preservation of important woodlands and large mature trees which contribute to the character, welfare, and quality of life in the village.
(2) These standards are intended to prevent the unnecessarily removal of woodlands prior to, during, and following construction on a site.
(a) Any property owner or his or her representative proposing to clear more than 25% of the trees of eight-inch caliper or greater on a site, as determined by the Zoning Official, shall first notify the village of the intent of such clearing and/or earth change and submit a proposed sketch plan describing the sites features for review and approval by the Planning Commission and/or Zoning Commission, as required. In the case that such clearing is proposed on a site requiring site plan review, this information shall be provided as part of the submittal requirements for site plan review.
(b) The Planning Commission and/or Zoning Commission, as required, shall review the sketch plan and approve a clearing plan which minimizes disturbance to valuable natural site features and trees which exceed the eight-inch caliper standard.
(c) This section shall not prevent tree clearing for approved building envelopes, swimming pools, decks, essential services, utility lines, or construction drives, nor shall this chapter prohibit site alterations for farming purposes. The Planning Commission and/or Zoning Commission, as required, may waive the caliper standard for select clearing of lower quality species, including box elders, elms, poplars, willows, and cottonwoods.
(B) Wetlands.
(1) The village intends to promote compliance with the Goemaere-Anderson Wetland Protection Act, Public Act 203 of 1979, 451 of 1994, being M.C.L.A. §§ 324.30301 et seq., as amended. The village encourages placement of buildings to protect State Department of Natural Resources regulated wetlands and non-regulated wetlands between two acres and five acres in size.
(2) The village intends to ensure important wetlands are preserved, to prevent the mistaken elimination of regulated wetlands and to promote the goals of the Village Master Plan.
(a) Any disturbance of soils, removal of landmark trees or stumps, grading, alteration of water flowing into or from an MDNR regulated wetland, or any prohibited activity as listed in Public Act 203 of 1979, § 5, without a permit from the MDNR, may result in a stop work order issued by the village and/or require restoration of the wetland in accordance with MDNR standards.
(b) Judicious effort shall be made through site plan design to preserve non-MDNR regulated wetlands which exceed two acres in size, particularly those with standing water or considered to be important wildlife habitat.
(c) Where stormwater is planned to drain into a wetland, a filtration strip or other material shall be used to control runoff of sediment and the wetland. Maintenance of these material shall be addressed in a deed or as a condition of site plan approval.
(d) Land shall not be subdivided in a manner creating parcels or lots which cannot be used in conformance with the requirements of this section or the MDNR regulations.
(C) Grading, removal, and filling of land.
(1) Any grading which changes site elevation by more than three feet, or the use of land for the excavation, removal, filling, or depositing of any type of earth material, topsoil, gravel, rock, garbage, rubbish, or other wastes or by-products, is not permitted in any zoning district, except under a certificate from, and under the supervision of the Zoning Official in accordance with a topographic plan, approved by the Zoning Official, submitted at a scale of not less than one inch equals 50 feet and shall show existing and proposed grades and topographic features and such other data as may from time to time be required by the Zoning Official.
(2) (a) Such certificate may be issued in appropriate cases upon the filing with the application of a performance or surety bond in an amount as established by the Zoning Official sufficient to rehabilitate the property upon default of the operator or such other reasonable expenses.
(b) The form of the bond shall be approved by the Village Attorney. This regulation does not apply to normal soil removal for basement or foundation work when a building permit has previously been duly issued by the Building Department.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)