For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRIEVED PERSON. Any land owner whose property is within a wetlands drainage basin who may reasonably assume that proposed activity within the wetlands would affect the quantity or quality of water on the land owner’s property.
AQUATIC LIFE. Vertebrates or invertebrates that are dependent on wetlands for some vital portion of their life cycle including any of the following: breeding, spawning, nesting, rearing of young, feeding, and resting or protection.
CONTIGUOUS.
(1) A permanent surface water connection or other direct contact with an inland lake, pond, river or stream;
(2) A seasonal or intermittent direct surface water connection or other direct contact to an inland lake, pond, river or stream;
(3) A wetland that is partially or entirely located within 500 feet of the ordinary high water mark of an inland lake, pond, river or stream, unless it is demonstrated by the property owner with clear and convincing evidence that there is no relation whatsoever between the wetland and the inland lake, pond, river or stream, taking into account the purposes of this chapter; or
(4) Two or more areas of wetland separated only by human barriers, such as dikes, roads, berms, or other similar features, but only with any of the wetland areas contiguous under the criteria described in divisions (1), (2), or (3) of this definition.
CONTINUING VIOLATION. A violation of this chapter for which a citation and/or stop work order has been issued but no substantive restorative action has been taken.
DEPOSIT. To fill, place or dump.
EXCEPTIONAL WETLAND. A wetland that provides physical or biological functions essential to the natural resources of the state and that may be lost or degraded if not preserved through an approved site protection and management plan for the purposes of providing compensatory wetland mitigation.
FILL MATERIAL. Soil, rocks, sand, pilings, waste of any kind, or any other material that displaces soil or water, reduces water retention potential or reduces wetland vegetation growth.
INLAND LAKE OR STREAM. A natural or artificial lake, pond, or impoundment; a river, stream, or creek that may or may not be serving as a drain as defined by the Drain Code of 1956 (M.C.L.A. §§ 280.1 to 280.630); or any other body of water that has definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water, or a lake, or a pond that has a surface area of less than five acres.
LANDSCAPE LEVEL WETLAND ASSESSMENT. The use of aerial photographs, maps, and other remotely sensed information to predict and evaluate wetland characteristics and functions in the context of all of the following:
(1) The wetland’s landscape position and hydrologic characteristics.
(2) The surrounding landscape.
(3) The historic extent and condition of the wetland.
LOT. A designated parcel of land established by subdivision, condominium, or metes and bounds description, to be used or built upon as a unit.
MINOR DRAINAGE. Ditching and tiling for the removal of excess soil moisture incidental to the planting, cultivating, protecting, or harvesting of crops or improving the productivity of land in established use for agriculture, horticulture, silviculture, or lumbering.
MINOR WETLAND ACTIVITY. Types of regulated activities that would be expected to have only a minor impact on wetlands and that can, therefore, be reviewed through an expedited permit application process. MINOR WETLAND ACTIVITIES are further defined as those that may cause only minimal adverse environmental effects when performed separately, and may have only minimal cumulative adverse effects on the environment. Examples of minor wetland activities are listed in the document titled “General Permit Categories for Minor Activities in Wetlands in the State of Michigan,” which was issued by the Michigan Department of Natural Resources and Environment on June 13, 2007, and is attached to this ordinance as Appendix A. These examples of minor activities in wetlands are subject to replacement by minor project categories established by the MDNRE pursuant to § 303.1.2, Park 303 P.A. 451 of 1994, as amended. Examples of MINOR ACTIVITIES listed include: construction or maintenance of small ponds one-half of an acre or less, construction of simple elevated or floating structures, construction of fences, walkways on public lands or lands managed by nonprofit conservation organizations, construction of new driveways or widening of existing driveways, installation of utilities, oil, gas, and mineral well access roads, storm water outfalls, culverts for water level equalization, emergency administration, drain management and conservation, septic system replacement, repairs to serviceable structures, emergency spill cleanup, cleanup of hazardous substances and hazardous and toxic waste, maintenance dredging of man-made storm water and wastewater treatment ponds and lagoons; public road projects, minor residential construction with the total impact area in wetlands not exceeding one-quarter acre for all phases, scientific measuring devises and test wells, fish and wildlife habitat structures, wetland habitat restoration and enhancement, removal of man-made structures, and mowing of vegetation or the removal of vegetation in the area between the ordinary high-water mark and the water’s edge.
MITIGATION OF WETLANDS. Creation of new wetlands of the same or similar function to offset unavoidable loss of existing wetlands, or preservation of non-regulated wetlands of the same or similar function to offset unavoidable loss of existing wetlands.
MOWING OF VEGETATION. The cutting of vegetation to a height of not less than two inches, without disturbance of soil or plant roots.
NATIONWIDE PERMIT. A nationwide permit issued by the United States Army Corps of Engineers under 72 FR 11091 to 11198 (March 12, 2007), including all general conditions, regional conditions, and conditions imposed by this state pursuant to a water quality certification under § 401 of Title IV of the Federal Water Pollution Control Act, 33 USC 1341, or a coastal zone management consistency determination under § 307 of the Coastal Zone Management Act of 1972, 16 USC 1456.
PERSON. An individual, sole proprietorship, partnership, corporation, association, municipality, this state, and instrumentality or agency of this state, the federal government, or an instrumentality or agency of the federal government, or other legal entity.
PLANNER or TOWNSHIP PLANNER. The Planning Director, staff planner or consulting planner designated by the Township Board to advise the township administration, Township Board, and Planning Commission on items such as planning, zoning, land use, subdivision, housing and other related planning and development issues. This term shall include township specialists on such subjects as landscaping, woodlands, and wetlands.
RAPID WETLAND ASSESSMENT. A method for generally assessing the functions, values, and condition of individual wetlands based on existing data and field indicators.
REMOVE. To dig, dredge, suck, pump, bulldoze, drag line, or blast.
RESTORATION. Action taken to return a wetland from a disturbed or totally altered condition to a previously existing natural or un-altered condition.
STRUCTURE. Anything constructed, erected, or assembled of materials above or below the surface of the land or water, including but not limited to, buildings, bulkheads, piers, docks, landings, dams, waterway obstructions, paving and roads, poles, towers, cables, pipelines, drainage tiles, and other underground installations.
TOWNSHIP BOARD. The Supervisor, Clerk, Treasurer, and Trustees, who together serve as the legislative body of Williamstown Township, Ingham County, Michigan.
TOWNSHIP WETLAND INVENTORY MAP. The Williamstown Township Wetland Inventory Map created to comply with Part 303 of the Natural Resources and Environmental Protection Act P.A. 451 of 1994, as amended. The Township Wetland Inventory Map is based on the National Wetland Inventory Map of the U.S. Fish and Wildlife Service; the Michigan Resource Information System Mapping (MIRIS), aerial photography, and on-site inspections. The TOWNSHIP WETLAND INVENTORY MAP may be referred to herein as INVENTORY MAP.
TOWNSHIP WETLANDS CONSULTANT. The person or firm designated by the Township Board to advise the township administration, Township Board, and Planning Commission on matters related to implementing this chapter.
WATER DEPENDENT. Requiring access or proximity to or siting within an aquatic site to fulfill its basic purpose.
WETLAND.
(1) A WETLAND is land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh, and which is any of the following:
(a) Contiguous to the Great Lakes or Lake St. Clair, an inland lake or pond, or a river or stream.
(b) Not contiguous to the Great Lakes, and inland lake or pond, or a river or stream; and more than five acres in size.
(c) Not contiguous to the Great Lakes, an inland or pond, or a river or stream; and five acres or less in size if the department determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the department has so notified the owner.
(2) A WETLAND is further characterized by the presence of hydric soils and prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions. A wetland that exhibits these characteristics may be dry on the surface during part or all of the year.
WETLAND BUFFER. A strip of land surrounding a wetland that provides protection for the wetland from inadvertent and secondary impacts. A WETLAND BUFFER may also protect wildlife habitat, prevent erosion, provide nutrient filtration and serve other functions associated with a wetland.
WETLAND MITIGATION PLAN. A plan which describes actions that will be taken to compensate for permitted wetland impacts.
WETLAND VEGETATION. Plants that, under normal conditions, exhibit adaptations to allow germination and growth with at least their root systems in water or in saturated soils.
(Ord. passed 3-5-2002; Ord., § 2.2, passed 9-7-2010)