ARTICLE I. SOIL EROSION AND SEDIMENTATION CONTROL
(A) The purpose of this chapter is to control soil erosion and the resulting sedimentation of the waters of the state by ensuring compliance with Part 91, Soil Erosion and Sedimentation Control (SESC), of Public Act 451 of 1994, the Natural Resources and Environmental Protection Act (NREPA), as amended, and the Administrative Rules adopted thereunder. This chapter has been adopted under the authority granted by Part 91 of the Act, being MCL 324.9101 et seq.
(B) The requirements of this chapter, Part 91 of the Act, and related Administrative Rules shall be enforced by the Office of Engineering, which is hereby designated as the Municipal Enforcing Agency ("MEA") under Part 91 of the Act.
(Ord. No. 384 § 1, 8-15-06)
Statutory reference:
Authority to adopt ordinance, see M.C.L. § 324.9106
Designation of enforcing agency, see M.C.L. § 324.9106(1)
As used in this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ACCELERATED SOIL EROSION.
The increased loss of land surface that occurs as a result of human activities.
ACT.
The Natural Resources and Environmental Protection Act (NREPA), Public Act 451 of 1994 as amended.
ADJACENT PROPERTY.
Any property, public or private, not contained within the application, whether or not owned by the applicant.
AGRICULTURAL PRACTICES.
All land farming operations except the plowing or tilling of land for the purpose of crop production or the harvesting of crops.
CERTIFICATE OF COMPLETION.
A signed written statement by the City Engineer or his or her duly authorized representative that specific construction has been inspected and found to comply with all plans and specifications.
CITY COUNCIL.
The Sterling Heights City Council.
CITY ENGINEER.
The City Engineer or his or her duly authorized representative.
EARTH CHANGE.
A human made change in the natural cover or topography of land, including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the waters of the state. EARTH CHANGE does not include the practice of plowing and tilling soil for the purpose of crop production.
EARTH MATERIALS.
Any materials which are normally part of the natural earth, including topsoil, sand, gravel and clay but not including valuable minerals, oil and gases.
EXCAVATION
or
CUT.
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated and shall include the conditions resulting therefrom.
FLOODPLAIN.
That area which would be inundated by storm runoff or floodwater equivalent to that which would occur with a rainfall or flood of 100 year recurrence frequency.
GARDENING.
Activities necessary to the growing of plants for personal use, consumption, or enjoyment.
GRADING.
Any stripping, excavating, filling, balancing, stockpiling, or any combination thereof, and shall include the land in its excavated or filled condition.
LAKE.
The Great Lakes and all natural and artificial inland lakes or impoundments that have definite banks, a bed, visible evidence of a continued occurrence of water, and a surface area of water that is equal to, or greater than, 1 acre. LAKE does not include sediment basins and basins constructed for the sole purpose of storm water retention, cooling water, or treating polluted water.
LANDFILL.
Any disposal area or tract of land, building, unit or appurtenance or combination thereof that is used to collect, store, handle, dispose of, bury, cover over or otherwise accept or retain refuse as herein defined.
NONEROSIVE VELOCITY.
A speed of water movement that is not conducive to the development of accelerated soil erosion.
PERMANENT SOIL EROSION AND SEDIMENTATION CONTROL MEASURES.
Those control measures which are installed or constructed to control soil erosion and sedimentation and which are maintained after project completion.
PERSON.
A natural person, firm, corporation, partnership or association.
SEAWALL MAINTENANCE.
An earth change activity landward of the seawall.
SEDIMENT.
Solid particulate matter, including both mineral and organic matter, that is in suspension in water, is being transported, or has been removed from its site of origin by the actions of wind, water, or gravity and has been deposited elsewhere.
SEDIMENT BASIN.
A naturally occurring or constructed depression used for the sole purpose of capturing sediment during or after an earth change activity.
SOIL EROSION
or
EROSION.
The wearing away of land by the action of wind, water, gravity, or a combination of wind, water, or gravity.
SOIL EROSION AND SEDIMENTATION CONTROL PERMIT.
A permit issued to authorize work to be performed under this chapter.
SOIL EXCAVATION.
The removal or earth change of any kind or nature from a site of gravel, clay, sand, soil or other earthen materials.
STREAM.
A river, creek, or other surface watercourse which may or may not be serving as a drain as defined in Act No. 40 of the Public Acts of 1956, as amended, being MCL 280.1 et seq., and which has definite banks, a bed, and visible evidence of the continued flow or continued occurrence of water, including the connecting waters of the Great Lakes.
STRIPPING.
Any activity which removes or significantly disturbs the vegetative surface cover, including clearing and grubbing operations.
TEMPORARY SOIL EROSION AND SEDIMENTATION CONTROL MEASURES.
Interim control measures which are installed or constructed to control soil erosion and sedimentation until permanent soil erosion and sedimentation control is effected, and which are not maintained after project completion.
WATERS OF THE STATE.
The Great Lakes and their connecting waters, inland lakes and streams as defined in the rules promulgated under Part 91 and wetlands regulated under Part 303, Wetland Protection, of the Act.
(Ord. No. 384 § 1, 8-15-06)
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