§ 152.40 CONSTRUCTION REQUIREMENTS.
   All ponds shall be designed, constructed and approved in accordance with the following requirements.
   (A)   A building permit shall be obtained prior to the construction of all ponds, enlargement of an existing pond or cleaning of a pond that results in the removal of over 30 yards of material. A site plan shall be submitted to the City Clerk which shows all features of the proposed pond. If the plans show that all requirements of this division (A) and division (B) below have been complied with, a permit will be issued. If all requirements are not met, permit shall not be issued.
   (B)   Only excavated ponds are permitted. No embarkment ponds shall be constructed. Ponds created by damming of rivers or streams must have the State Department of Natural Resources and/or the St. Clair County or Macomb County (whichever jurisdiction shall apply) Drain Commissioner’s approval.
   (C)   All ponds shall be constructed to the standards of the USDA Soil Conservation Service Technical Guide 378, Design Criteria for Excavated Ponds, which is hereby made a part of this chapter and shall also comply with the following additional requirements.
      (1)   Where a pond will be used for swimming, there shall be no slope in excess of five feet horizontal to one foot vertical until the water reaches a depth of five feet.
      (2)   Excavated materials, in excess of 1,000 cubic yards, shall not be hauled off the site unless a permit is obtained pursuant to the requirements of this chapter for soil removal operations.
      (3)   Where a pond will be used for swimming, there shall be a minimum of two life stations on opposite sides, complete with life ring, 50 feet of suitable rope, a pole of at least ten feet and a ten foot wooden ladder.
      (4)   There shall be a minimum setback of 50 feet from the edge of the excavation to all adjacent property lines and 100 feet from any street right-of-way or adjacent residential dwelling.
      (5)   There shall be a minimum setback from a septic tank and/or tile disposal field of at least 100 feet.
      (6)   Plans submitted shall show the location and approximate depth of any domestic water supply well.
      (7)   There shall be a minimum setback of 25 feet from the excavation to the nearest point of any side of the applicant’s house or accessory buildings.
(1979 Code, § 5.414) (Ord. 96, passed 5-5-1987)