A. Legislative authority and scope of regulations. The authority for requiring permits and regulating activities within upland adjacent to
(
) is derived from Article 4, Section 52 of the Michigan Constitution and the Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. § 125.3204, as amended.
It is unlawful to conduct or maintain any regulated activity or use within a regulated
of a regulated
without full compliance with the requirements of this Ordinance.
B. Activities requiring a
area use permit. It shall be unlawful for any person to conduct any of the following activities in a
area of a regulated
without first obtaining a
area use permit in accordance with the requirements of this Ordinance:
1.
, grading, and dredging.
a. Depositing or permitting
material to be deposited where the total amount of
exceeds five cubic
.
b. Grading that results in displacement of more than five cubic
of soil material.
c. Dredging, removing, or permitting the removal of more than five cubic
of soil material.
d. The location, depth, and method of any such
, grading, and dredging shall be subject to
approval and monitoring to assure minimal impact on the buffer and associated
.
2. Draining, or causing to be drained through artificial means any water into or from a
.
3. Diverting, constructing, or impeding the flow of surface runoff water.
4. Locating or constructing a septic system within a
.
5. Construction of a
or other
that diminishes the ability of the buffer area to function.
6. Use of fertilizers, herbicides, and/or other chemicals or contaminants that impede or accelerate the growth and/or functioning of native vegetation within the
area.
7. Burning, other than for commercial agricultural purposes or ecological restoration purposes, and subject to the Township's Burn Ordinance.
C. Permissible activities. The following uses shall be allowed in a
without a permit, subject to other applicable state laws and regulations:
1.
, grading, and dredging.
a. Depositing or permitting
material to be deposited at a rate exceeding one cubic
of
material per ten linear feet along the shared boundary of the
and buffer zone, but not to exceed five cubic
of
total.
b. Grading that results in displacement of more than one cubic
of soil material per ten linear feet along the shared boundary of the
and buffer zone, but not to exceed five cubic
of displacement total.
c. Dredging, removing, or permitting the removal of more than one cubic
of soil material per ten linear feet along the shared boundary of the
and buffer zone, but not to exceed five cubic
of soil removal.
2. Fishing, trapping, or hunting.
3. Hiking.
4. Grazing of animals.
5. Farming, horticulture, silviculture, lumbering, and ranching activities, including plowing, irrigation, irrigation ditching, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices.
altered as permitted in this subsection shall not be used for a purpose other than a purpose described in this subsection without a permit from the
.
6. Maintenance or operation of serviceable
in existence on October 1, 1980 or constructed pursuant to Part 303 of the Natural Resources and Environmental Protection Act.
7. Construction or maintenance of
or stock ponds.
8. Maintenance, operation, or improvement which includes straightening, widening, or deepening of the following which is necessary for the production or harvesting of agricultural products:
a. An existing private agricultural drain.
b. That portion of a drain legally established pursuant to the drain code of 1956, Act No. 40 of the Public Acts of 1956, as amended, being M.C.L.A. §§ 280.1 to 280.630, which has been constructed or improved for drainage purposes.
c. A drain constructed pursuant to other provisions of Part 303 of the Natural Resources and Environmental Protection Act (Act 451, Public Acts of 1994, being M.C.L.A. §§ 324.30301 through 324.30329, as amended) or former Act No. 203 of the Public Acts of 1979.
9. Construction or maintenance of
, forest
, or temporary
for moving mining or forestry equipment, if the
are constructed and maintained solely for agricultural or silvicultural purposes, and are constructed and maintained in a manner to assure that adverse effect on the
will be otherwise minimized.
10. Drainage necessary for the production and harvesting of agricultural products if the
is owned or leased by a person who is engaged in commercial farming and the land is to be used for the production and harvesting of agricultural products. Except as otherwise provided in Part 303 of the Natural Resources and Environmental Protection Act,
modified under this subsection after October 1, 1980, shall not be used for nonfarming purposes without a permit from the MDEQ. This subdivision shall not apply to a
which is contiguous to a
or stream, or to a tributary of a
or stream, or to a
which the MDEQ has determined by clear and convincing evidence to be a
which is necessary to be preserved for the public interest, in which case a permit shall be required.
11. Maintenance or improvement of existing public
,
, or
, within the
and in such a manner as to assure that any adverse effect on the
will be otherwise minimized. Maintenance or improvement does not include adding extra lanes, increasing the
, or deviating from the existing location of the
,
, or
.
12. Maintenance, repair, or operation of gas or oil pipelines and construction of gas or oil pipelines having a diameter of six inches or less, if the pipelines are constructed, maintained, or repaired in a manner to assure that any adverse effect on the
will be otherwise minimized.
13. Maintenance, repair, or operation of electric transmission and distribution power lines and construction of distribution power lines if the distribution power lines are constructed, maintained, or repaired in a manner to assure that any adverse effect on the
will be otherwise minimized.
14. Operation or maintenance, including reconstruction of recently damaged parts, of serviceable dikes and levees in existence on October 1, 1980, or constructed pursuant to Part 303 of the Natural Resources and Environmental Protection Act.
15. Any
lawfully existing prior to the adoption date of this Ordinance that is damaged by fire, explosion, an act of God, or other cause beyond the control of the owner may be restored, rebuilt, or repaired, but only to its former condition. Reconstruction must commence within two years from the date the
was damaged, and all necessary
, state, and federal permits must be obtained.
16. The cutting of vegetation within the
of a public
,
, or
for the purpose of vehicular safety.
17. The cutting of vegetation in a
so as to maintain an established lawn or trail that was created and maintained on a regular basis prior to adoption of this Ordinance.
18. Impacts to vegetation occurring for the sole purpose of ecological restoration of native plant communities.
19. Removal and replacement of existing septic systems.
D. Criteria for evaluating permit applications and
areas. The criteria to evaluate
area permit applications to permit a use listed in subsection C are as follows:
1. A permit for an activity listed in subsection C shall not be approved unless the
finds that issuance of the permit would be in the public interest, would be otherwise lawful in all respects, and is necessary to allow reasonable use of the property.
2. In determining whether an activity is in the public interest, the benefit which reasonably may be expected to accrue from the activity shall be balanced against the reasonably foreseeable detriments of the activity. The decision shall reflect the national, state, and local concern for the protection of
from pollution, impairment, and destruction, giving consideration to the following:
a. The relative extent of public and private need for the proposed activity.
b. The availability of feasible and prudent alternative locations and methods to accomplish the expected benefits from the activity.
c. The extent and permanence of beneficial or detrimental effects that the proposed activity may have on the public and private uses for which the area is suited, giving consideration to the benefits the
provides.
d. The probable impact of the proposal in relation to the cumulative effect created by other existing and anticipated activities in the watershed.
e. The probable impact on recognized historic, cultural, scenic, wildlife, ecological, or recreational values, and on public health or safety.
f. Economic value, both public and private, of the proposed activity.
g. Findings of necessity for the proposed activity by other local, county, or state agencies.
h. Proximity to any waterway.
i. Extent to which upland soil erosion adjacent to the protected
is controlled.
3. In considering a permit application, the
shall give serious consideration to the findings of necessity for the proposed activity which have been made by state agencies.
4. A
use permit shall not be issued unless it is shown that an unacceptable disruption will not result to the aquatic resources, giving consideration to the above criteria. A permit shall not be issued unless the applicant also demonstrates that:
a. The proposed activity is primarily dependent upon being located in the
.
b. A feasible and prudent alternative does not exist.
5. Failure to submit a complete application is sufficient reason for denial of a
area use permit.
E.
area use permit application requirements. The application for a
area use permit shall include the following:
1. A completed application on the form supplied by the
.
2. A
delineation as described in the Williamstown Township Wetland Protection Ordinance.
3. A plan indicating the location and limits of proposed activities, including those within the
area.
4. Soil drainage and stormwater management plans.
5. A written statement of the qualifications of the applicant’s
expert.
F.
area use permit review procedures.
1. Approval authority.
a. Activities requiring
review. The
, following a recommendation by the
, shall be the approval authority for any
area use permit required in conjunction with any
activity requiring site plan,
, or plat approval.
b. Activities not requiring
review.
The Township Supervisor or his or her designee shall be the approval authority for any activity requiring a
use permit not proposed in conjunction with an activity requiring site plan,
, or plat approval. The Township Supervisor or his or her designee shall render a decision on the proposed
use permit within 45 days of receipt of a completed application.
However, if the Township Supervisor or his or her designee determines that the proposed activity within the
area is of sufficient intensity that the
may be negatively impacted, full review and approval of the proposed
use permit by the
and
shall be required. If the application is forwarded to the
and
, a decision on the proposed
area use permit shall be rendered within 90 days of receipt of a completed application.
2. Administrative review procedures.
Upon receipt of a
area use permit application, the Township Supervisor or his or her designee shall insure that all required information has been submitted. If an application is not complete, the applicant may be granted additional time to complete the application provided that the applicant agrees that the additional time shall not be charged against the
’s 45-day decision period. The receipt of the application shall constitute permission from the owner to conduct an on-site investigation.
Upon receipt of an application the Township Supervisor or his or her designee shall:
a. Transmit one copy of the application to the
’s Wetlands Consultant, who shall evaluate the proposed action and mitigation measures based upon the criteria listed in subsection D and submit a written recommendation to the Township Supervisor or his or her designee.
b. Post the subject property with a
no less than six square feet in size which shall indicate that an application for a
area use permit application has been submitted. The
shall indicate the date until which public comment may be submitted to the
.
c. Render a decision within 45 days of receipt of a completed application on the proposed activity based upon public comment and the Wetland Consultant’s review and recommendation. The Township Supervisor or his or her designee may attach reasonable conditions to the
area use permit considered necessary to insure that the intent of this section will be fulfilled, to minimize or mitigate damage or impairment to, encroachment in, or interference with
and processes within or adjacent to a regulated
, or to otherwise improve or maintain water quality.
3. Request for reconsideration.
a. Any person who is aggrieved by a decision regarding a
permit may request that the
reconsider the action by filing a written request, which shall specify the reasons that reconsideration is requested, and which shall include any additional information that the
official may not have had when they first acted on the permit. The request for reconsideration shall be submitted to the Township Clerk within ten calendar days following the date of the initial decision. The timely filing of a request for reconsideration shall have the effect of staying the permit pending the outcome of the request.
b. The
shall hold a hearing on the request for reconsideration which shall be open to public comment and shall include an opportunity for the appealing party to present evidence.
c. Notice of the time and place for consideration of a request for reconsideration shall be sent by mail or personal delivery to the owners of the property considered in the request. The notice may also be placed in a newspaper of general circulation in the
not less than five days nor more than 15 days prior to the date of the meeting at which the request will be addressed.
d. The
shall affirm, affirm with conditions, or reverse their initial decision.
(Ord. passed 7-9-2013)