The following provisions shall apply to all ponds within the Charter Township of Montrose.
(A) A pond shall not be constructed on a lot or parcel of land which is less than 2 acres in size.
(B) A pond may occupy up to a maximum of 20% of the lot or property upon which it is placed.
(C) Slopes of the excavated pond shall not exceed a ratio of 4 feet horizontal to 1 foot vertical, to a maximum depth below water of 6 feet. The Planning Commission may wave the 4 to 1 slope ratio when the property or pond is enclosed by a minimum 4-foot high fence. All gates shall be self-closing and have a self-latching device.
(D) Ponds must be located a minimum of 50 feet from all property lines, easements, street, roads, and right-of-ways. The Planning Commission may wave the required 50-foot setback requirement when the property or pond is enclosed by a minimum 4-foot high fence. All gates shall be self-closing and have a self-latching device.
(E) There shall be a distance of not less than 25 feet between the outside edge of the pond and any structures.
(F) There shall be a distance of not less than 200 feet from any overhead transmission lines, unless written approval is obtained from the company owning said overhead transmission lines.
(G) All ponds shall be of an excavated type as defined by the Soil Conservation Service (SCS) engineering standard and all ponds shall be constructed to the SCS standards. (See circular 378 of the Soil Conservation Service). Copies are available at the Township Office or the local office of the United States Soil Conservation Service.
(H) All ponds shall be fully completed, including land rehabilitation, within 90 days from the issuance of a zoning compliance permit by the Building and or Zoning Official. In addition to the established permit fee as established by the Township Board, a cash bond in the amount of $1,000 shall be paid at the time the permit is issued by the owner and or contractor and will be returned once a final inspection is completed by the Building and or Zoning Official. Upon receiving a written request by the property owner explaining the reason(s) that an extension is being requested, the Building and or Zoning Official may grant a 30-day extension to fully complete the excavation of the pond. Extensions greater than 30 days must be reviewed and approved by the township's Planning Commission.
(I) All areas disturbed during construction shall be seeded with grass and maintained in good condition to prevent erosion.
(J) All excavated material remaining on-site shall be leveled over the area around the pond or the property. Excavated earth material created by construction of a pond shall be used to the maximum extent feasible for on-site purposes. However, excess excavated earth materials not feasible for use on-site may be removed and taken off-site from the property in compliance with an approved site plan by the Planning Commission with the following requirements:
(1) If the applicant proposes to remove any excess excavated earth from the property he shall include with the application a written statement of the cubic yards to be removed.
(2) The applicant shall be limited to this stated volume and any excess of this stated volume to be removed must be approved as an amendment to the site plan by the Planning Commission.
(3) This statement or any amendments thereto shall either be shown on a revised site plan or physically attached to the plan for purposes of review and approval or denial.
(4) All excess earth material shall be removed on completion of the pond or within 30 days.
(5) Failure to comply with these requirements shall result in the forfeiture of the cash bond.
(K) Water shall be maintained in all pond excavations.
(L) Water elevations in the pond area shall not cause flooding or impair the removal of water from property adjacent property owners unless appropriate easements are obtained.
(M) The finished topography of the area surrounding the pond will be one the blends with that surrounding terrain. Surface drainage from adjacent properties shall not be impeded nor shall off-site drainage be increased, unless appropriate easements are obtained.
(N) Conditions of the site must allow the pond to be protected against the contamination from barnyards, septic systems or other sources which would render the water unfit for its intended purpose.
(O) To prevent adverse effects of drainage to adjoining properties, a drainage system shall be installed to accommodate overflows and surface drainage to a suitable outlet or drainage ditch.
(P) Ponds shall be maintained so as to assure no unsanitary conditions or obnoxious odors will be created by the growth of biological organisms or otherwise.
(Q) The cleaning and maintenance of any pond in existence as of the date of this section becomes effective shall not be considered a new pond application unless the pond owner also intends to enlarge said pond. However a pond cleaning permit (zoning compliance permit) must be obtained from the Building and or Zoning Official prior to the commencement of any pond cleaning project. Cleaning shall not result in a pond of greater size or depth than that permitted in the original permit application.
(R) A rescue station shall be located within 25 feet of all ponds having water depths exceeding 3 feet. All rescue stations shall have an approved U.S. Coast Guard life ring with 100 feet of rope and a 10 foot pole on a wooden post extending 4 feet above grade on which a deep water sign shall be posted.
(S) Failure to comply with the requirements of this section shall result in the forfeiture of the cash bond.
(Ord. 99, passed 11-18-1996, § 18.05; Am. Ord. 128, passed 2-12-2001; Am. Ord. 12-197, passed 6-19-2012)