(a) Activities Requiring an Earth Change Permit.
(1) A landowner or designated agent who contracts for, allows, or engages in an earth change in the Village shall obtain an earth change permit in the landowner’s name from the Administrator’s Office, unless exempted in Section 1470.04(2) of this chapter, before commencing an earth change which:
A. Disturbs one or more acres of land; or
B. Is located within 500 feet of the waters of the State regardless of the amount of land disturbed; or
C. Is located within 500 feet of a storm drain inlet regardless of the amount of land disturbed.
(2) If an earth change is under the jurisdiction of two or more municipal or county enforcing agencies, an earth change permit from the Village is required for the activities under the jurisdiction of this chapter.
(3) An earth change activity that does not require an earth change permit under this chapter is not exempt from enforcement procedures under Part 91, the Rules or this chapter, if the activity exempted results in soil erosion and off-site sedimentation.
(b) Permit Exemptions and Waivers.
(1) An earth change permit is not required for the following:
A. Normal road and driveway maintenance, such as grading or leveling, that does not increase the width or length of the road or driveway and that will not contribute sediment to lakes, streams, drains or regulated wetlands.
B. An earth change of a minor nature that is stabilized within twenty-four (24) hours of the initial disturbance and that will not contribute sediment to lakes, streams, drains or regulated wetlands.
C. Plowing or tilling of land for the purpose of crop production or the harvesting of crops.
D. Earth changes associated with the logging or mining industry.
E. Earth changes associated with well locations, surface facilities, flowlines, or access roads relating to oil or gas exploration and development activities regulated under Part 615, Supervisor of Wells, of the Natural Resources and Environmental Protection Act, 1994 PA 451 being M.C.L. 324.61501 et seq., provided the permit application to drill and operate contains a Soil Erosion and Sedimentation Control Plan that is approved by the Department under Part 615. However, those earth changes shall conform to the same standards as required for an earth change permit under Part 91, the Rules, and this chapter.
F. Earth changes associated with a metallic mineral mining activity regulated under a mining and reclamation plan that contains soil erosion and sedimentation control provisions approved by the Department under Part 631, Reclamation of Mining Lands, of the Natural Resources and Environmental Protection Act, 1994 PA 451, being M.C.L. 324.63101 et seq.
G. Projects undertaken by authorized public agencies; however, the authorized public agency must notify the Village of each proposed earth change.
(2) All earth changes associated with these activities shall conform to the same standards as if they required an earth change permit under Part 91, the Rules or this chapter. The exemption from obtaining a permit under this subsection does not apply to the following:
A. Access roads to and from the site where active logging or mining is taking place.
B. Ancillary activities associated with logging or mining.
C. The removal of clay, gravel, sand, peat or topsoil.
(3) The Village may grant a permit waiver for an earth change located within 500 feet of the waters of the State or within 500 feet of a storm drain inlet after receiving a signed affidavit from the landowner stating that the earth change will disturb less than 225 square feet and the earth change will not contribute sediment to the waters of the State.
(4) The landowner, where such exempt earth change activities occur, shall plan, implement and maintain acceptable soil erosion and sedimentation control measures that meet the same standards as if they required a permit under Part 91, the Rules and this chapter. Furthermore, the exemptions provided in this section shall not be construed as an exemption from enforcement proceeding under Part 91, the Rules, or this ordinance if the activities so exempt cause or result in soil erosion or off-site sedimentation. Once those proceedings commence, a permit shall be required before work may resume.
(c) Permit Application; Designated Agent; Meeting with Soil Erosion Control Agent.
(1) A landowner or designated agent shall submit an earth change permit application to the Administrator’s Office. Copies of the permit application containing state prescribed information are available from the Administrator’s Office.
(2) The permit application shall be signed and dated by the landowner or designated agent. If the landowner is a corporation, include the name and title of the authorized corporate representative.
(3) If a designated agent is signing the application for the landowner, the landowner shall either also sign the application or provide a letter authorizing the designated agent to act on his or her behalf including authority for the designated agent to designate an on-site authorized agent.
(4) The earth change permit application shall be accompanied by a Soil Erosion and Sedimentation Control Plan, the required fees and any other documents that the Soil Erosion Control Agent may require.
(5) The landowner or designated agent shall meet with the Soil Erosion Control Agent, if requested, to ensure that the Soil Erosion and Sedimentation Control Plan meets the provisions of this chapter.
(d) Soil Erosion and Sedimentation Control Plan; Contents. A Soil Erosion and Sedimentation Control Plan shall be designed to effectively reduce accelerated soil erosion and sedimentation, and shall identify factors that may contribute to soil erosion or sedimentation or both. The Plan shall be drawn to a standard engineering scale on sheets not exceeding 24 inches by 36 inches in size and include, but is not limited to, all of the following:
(1) A site location sketch showing the landowner’s property boundaries and all waters of the State and major roads within 500 feet of the property boundary.
(2) A boundary survey or legal description of the site.
(3) Name, address, and telephone number of the landowner and also the designated agent if the landowner is not completing the application.
(4) A map or maps at a scale of not more than 200 feet to the inch or as otherwise determined by the Village. The maps shall include: property boundaries; proximity of proposed earth change activities to waters of the State; predominate land features including structures and vegetation on-site and extending 50 feet beyond property boundaries; and existing and proposed topographical contour intervals or slope descriptions. The Village shall determine the required contour information necessary to effectuate the provisions of this chapter. Single family home construction projects, or similar projects in size, may submit written information concerning the slope of the project area instead of a topographical sketch or map unless the Village determines, in writing, that a topographical sketch or map is needed.
(5) A soils survey or a detailed written description of the soil types of the exposed land area contemplated for the earth change.
(6) Details for the proposed earth changes including all of the following:
A. A description and the location of the physical limits of each proposed earth change.
B. A description and the location of all existing and proposed on-site drainage and dewatering facilities including downspouts from eaves troughs and storm and sump leads or discharge points for single family residential sites, if applicable.
C. The timing and sequence of each proposed earth change on a form approved by the Village.
D. A description, the location, and estimated costs of all proposed temporary soil erosion and sedimentation control measures along with a schedule for installing and removing each temporary control measure.
E. The location, a description, and the estimated costs of all proposed permanent soil erosion and sedimentation control measures and facilities along with the schedule for the installation and maintenance of all control measures and facilities.
F. A program proposal for the continued maintenance of all permanent soil erosion and sedimentation control measures and facilities that remain after project completion, including the designation of the landowner responsible for their maintenance. Maintenance responsibilities shall become a part of any sales or exchange agreement on which the permanent soil erosion control measures and facilities are located.
(7) Any other information required by the Soil Erosion Control Agent.
(e) Earth Change Requirements: Time; Sediment Removal; Design Installation, and Removal of Temporary or Permanent Control Measures; Standards and Specifications.
(1) A person shall design, construct, and complete an earth change in a manner that limits the exposed area of any disturbed land for the shortest possible period of time as determined by the Soil Erosion Control Agent.
(2) A person shall remove sediments caused by accelerated soil erosion from runoff waters before it leaves the site of the earth change.
(3) A person shall design a temporary or permanent control measure that is designed and constructed for the conveyance of water around, through or from, the earth change area to limit the water flow to a non-erosive velocity.
(4) A person shall install temporary soil erosion and sedimentation control measures before or upon commencement of the earth change activity and shall maintain the measures on a daily basis. Temporary soil erosion and sedimentation control measures shall be removed after permanent soil erosion measures are in place and the area is stabilized. A person shall stabilize the area with permanent soil erosion control measures pursuant to approved plans and under approved standards and specifications as prescribed by subsection 1470.04(e)(6) below.
(5) A person shall complete permanent soil erosion control measures for all slopes, channels, ditches or any disturbed land area as approved in the timing sequence schedule but no later than 5 calendar days after final grading or the final earth change has been completed. If it is not possible to permanently stabilize a disturbed area after an earth change has been completed or if significant earth change activity ceases, then a person shall maintain temporary soil erosion and sedimentation control measures until permanent soil erosion control measures are in place and the area is stabilized.
(6) A person shall install and maintain temporary and permanent control measures in accordance with the standards and specifications of all of the following:
A. The product manufacturer,
B. The local conservation district,
C. The Department,
D. The Michigan Department of Transportation, and
E. Those formally adopted by the Village.
(7) If a conflict exists between standards and specifications referenced in this section, then the Soil Erosion Control Agent shall determine which specifications are appropriate for the project.
(f) Application Review and Permit Procedures.
(1) The Soil Erosion Control Agent shall approve, disapprove, or require modification to an application for a permit within 30 calendar days after the filing of a complete application for permit. A complete application includes the completed application, plans, and required fees. The Soil Erosion Control Agent shall notify an applicant of approval by first-class mail. If an application is disapproved, then the soil erosion control agent shall advise the applicant by certified mail of its reasons for disapproval and conditions required for approval. The Soil Erosion Control Agent need not notify an applicant of approval or disapproval by mail if the applicant is given written approval or disapproval of the application in person. A permit given to the applicant either in person or by first-class mail constitutes approval.
(2) Upon determination that a permit applicant has met all the requirements of Part 91, the Rules, and this chapter, the Soil Erosion Control Agent shall issue a permit for the proposed earth change on a form that contains State prescribed information as well as that prescribed by the Administrator’s Office.
(g) Permit Application Disapproval. The Soil Erosion Control Agent shall disapprove an earth change permit application where:
(1) The proposed work would cause uncontrolled soil erosion and/or off-site sedimentation; or
(2) The work proposed by the applicant will interfere with an existing drainage course in such a manner as to cause damage to any adjacent property; or
(3) The land area for which the work is proposed is subject to geological hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce settlement, slope instability or any other such hazard to persons or property; or
(4) The earth change permit application is incomplete or does not comply with the provisions of Part 91, the Rules or this chapter.
(h) Permit Modification; Permit Revocation or Suspension.
(1) The Soil Erosion Control Agent may provide written authorization for modifications to an earth change permit or the approved Soil Erosion and Sedimentation Control Plan upon receiving a request from the landowner or on-site authorized agent. No work in connection with any proposed modification shall take place without the written approval of the Soil Erosion Control Agent. The Soil Erosion Control Agent may require new fees if the scope of the earth change activity has changed.
(2) Any permit issued under this chapter may be revoked or suspended for any of the following reasons:
A. A violation of the condition of the permit.
B. Misrepresentation or failure to fully disclose relevant facts in the application or in the Soil Erosion and Sedimentation Control Plan.
C. A change in a condition that requires a temporary or permanent change in the activity.
D. Authorized work is abandoned or suspended for a period of six (6) months.
Notice will be given to the permit holder of revocation or suspension of the permit in person or by certified mail. If the permit has been revoked for any reason, a new earth change permit application accompanied by new plans and fees would be required for any earth change activities.
(i) Permit Expiration; Extension of Time.
(1) Earth change permits shall expire automatically upon the project completion date specified in the permit. If a project completion date is not specified than the permit shall expire one (1) year from the permit issuance date. The duration of an earth change permit shall not exceed a period of three (3) years. Permits shall automatically expire if construction has not commenced within one year of the date of issuance.
(2) If the landowner is unable to complete the earth change activities prior to the permit expiration date, the landowner or designated agent may request an extension of time provided the request is made in writing at least 10 days prior to the permit expiration date. The request shall include all relevant necessary sustaining reports, supporting documentation, and fees.
(3) If an extension of time is granted, the Soil Erosion Control Agent shall issue a written extension, which specifies a revised permit expiration date, not to exceed six (6) months.
(4) An extension does not release the owner or the surety on a bond, or the person furnishing an irrevocable letter credit, or a person furnishing a cash bond, or a person furnishing a certificate of self-insurance from their responsibilities and/or liabilities thereunder.
(j) Earth Change Requirements Generally. A person, the landowner, and the on-site authorized agent engaged in an earth change shall:
(1) Conduct the earth change in a manner that will effectively reduce accelerated soil erosion and resulting sedimentation.
(2) Plan, implement, and maintain acceptable soil erosion and sedimentation control measures in conformance with Part 91, the Rules and this chapter, which effectively reduce accelerated soil erosion and off-site sedimentation.
(3) Carry out the earth change activities in accordance with an approved Soil Erosion and Sedimentation Control Plan and in compliance with all the requirements of the Earth Change Permit, Part 91, the Rules, and this chapter.
(4) The earth change permit must be posted on-site and clearly visible from the road. The Soil Erosion and Sedimentation Control Plan must be available for inspection at the site of the earth change at all times.
(Ord. 93 A-1. Passed 1-12-11.)