(A) Applicability. Except as provided in division (A)(2) below the standards contained in this section shall be applicable to all land in the township which is located within specified distances adjacent to:
(1) All of the rivers, streams, and creeks located within the riparian area protection zone, identified on the map titled “riparian area protection overlay zone map,” which is (map 1) attached to and made a part of the ordinance codified herein, a copy of which is on file in the office of the Township Clerk and the wetlands contiguous to the identified rivers, streams and creeks, as defined herein.
(2) All of the rivers, streams, and creeks located within the RAP riparian area protection overlay zone identified on the township zoning map as amended, and the wetlands contiguous to the identified rivers, streams, and creeks, as defined herein.
(B) Exemptions. The standards contained in this subchapter shall not be applicable to:
(1) A lot or parcel, of two acres or less in size which was a lot of record on or before (insert effective date of the amendment to the ordinance codified herein on 2007.
(2) Agricultural operations that are conducted in conformance with best management practices (BMPs) as defined and prescribed by the Michigan Right to Farm Act, Public Act 93 of1981, as amended.
(3) All activities that are authorized in a permit issued by the Michigan D.E.Q. pursuant to Parts 31,301,303 or 315 of the Natural Resources and Environmental Protection Act, PA 451 of 1994, as amended.
(4) Forestry operations that are conducted within the natural vegetation zone when done in conformance with generally accepted forestry management practices (GAFMPs) as defined and prescribed under the auspices of the Right to Forest Act Public Act 676 of 2002. Unless the activity is specifically addressed by guidelines contained within a forest management plan prepared by a forestry or other natural resources professional and/or the activity is a GAFMP officially recognized by the appropriate state agency and approved by Natural Resources Commission of the State of Michigan, the following practices shall not be considered exempt by this subchapter and shall be prohibited within the riparian areas protection zone:
(a) Cutting stream bank trees.
(b) Unnecessary access roads and skid trails.
(c) Cording and stacking of wood.
(d) Excessive soil compaction and rutting by tree harvesting equipment.
(e) Removal of ground cover or understory vegetation.
(f) Felling trees into the stream bed or leaving logging debris in the stream.
(g) Servicing or refueling equipment.
(h) Mechanical site preparation and site preparation burning.
(i) Mechanical tree planting.
(j) Broadcast application of pesticides or fertilizers.
(k) Handling, mixing, or storing toxic or hazardous materials (fuels, lubricants, solvents, pesticides, or fertilizers).
(5) The cleaning out, straightening, widening, deepening, or extending, consolidation, relocation, tiling, and connection of Drains established under the provisions of the Michigan Drain Code, Public Act 40 of 1956, as amended.
(C) Administrative action. The decision on any application for a zoning approval or a permit for an activity on property subject to the riparian area protection standards of this subchapter shall be made by the Zoning Administrator.
(Ord. passed - -2007)