(A) The regulations set forth in this section are designed to provide for the regulation of ponds and to specify the conditions and circumstances under which such ponds may be developed to protect the health, safety, and general welfare of the residents of the community, preserve ecological features, and to prohibit development which, unregulated, may have an adverse effect upon the existing aesthetic character of the township.
(B) A pond is defined as a water impoundment made by excavating a pit, for the purpose of providing water for livestock, fish, and wildlife, recreation, fire control, crop and orchard spraying, and related uses.
(C) The construction or the excavation of a pond as defined above shall be treated as a temporary use permit, subject to the provisions of § 153.354 of this chapter.
(D) Excavations undertaken primarily for the commercial soil, gravel, sand, or other mineral removal and not primarily and or initially for the purpose set forth in this section shall not be considered as "ponds" but instead shall be considered as "extraction sites" and are subject to the applicable provisions of §§ 153.255 through 153.257 of this chapter.
(E) It shall be unlawful for any person, firm, corporation, or partnership, or other organization or entity to excavate or construct a pond within the township without first securing a construction and or zoning compliance permit from the Building and or Zoning Official. Except that plastic formed ponds, liner ponds or other similar type ponds used primary as part of a front, side or rear yard area landscaping plan, being less than 400 square feet in total area and not greater than 4 feet in depth are exempt from the provisions of this section.
(F) A construction and or zoning compliance permit for a pond is valid for a period of 90 days.
(G) Evidence shall be presented at the time of application that the Genesee County Drain Commission and or the Michigan Department of Environmental Quality have granted the necessary permits and/or approvals to the applicant for the construction of the pond or have released the applicant from any required obligation thereto.
(H) A temporary use permit application and site plan for pond excavations shall be submitted to the Building and or Zoning Official on an application provided by the township. The Building and or Zoning Official shall review the application, required site drawing, and other required information and shall deny and return the application and drawing to the applicant in the event that any of the following items have not been included for review by the Planning Commission. Said denial shall be in writing detailing the reasons for denial.
(1) A drawing of the land on which the proposed pond shall be constructed, which includes the placement of all residential structures and outbuildings, the location of any existing wells, the location of all septic systems and leech fields, and the location of any county drain, lake, river, creek, stream, wetland, or other natural or artificial water body.
(2) The drawing shall include the placement of the proposed pond on the premises, the proposed depth of the pond in detailed increments of 10 feet and the height of all embankments.
(3) The measured distances from all property lines, residences, outbuildings and other improvements located on the property.
(4) The measured distances from any existing ponds on or off site, within 300 feet of the proposed pond.
(5) The proposed location(s) of the excavated materials which are to be redistributed on-site.
(6) The proposed location(s) for the placement of safety equipment.
(7) A written statement providing evidence that water can be continuously maintained in the pond once it is constructed. The statement shall also include the timing and stages of the development, and whether the excavation will be a dry dig or wet dig.
(Ord. 99, passed 11-18-1996, § 18.04; Am. Ord. 12-197, passed 6-19-2012)
Penalty, see § 153.999