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No site plan, plot plan or plat shall be approved unless said site plan, plot plan or plat shall include soil erosion and sediment control measures consistent with the requirements of this chapter and related land development regulations.
(Prior Code, § 16-4) (Ord. 1311, passed 3-16-2009)
No certificate of occupancy for any new building will be issued unless the applicant for said certificate shall have obtained a certification of completion indicating compliance with all soil erosion and sedimentation control plans and specifications and completion of all permanent soil erosion control measures.
(Prior Code, § 16-5) (Ord. 1311, passed 3-16-2009)
(A) Any earth changes shall be conducted in such a manner which will effectively reduce accelerated soil erosion and resulting sedimentation.
(B) All persons engaged in earth changes shall design, implement and maintain acceptable soil erosion and sedimentation and control measures, in conformance with part 91 (M.C.L.A. §§ 324.9101 et seq.), the rules and regulations which may have been duly adopted for the purpose of reducing accelerated soil erosion and off-site sedimentation.
(C) All earth changes shall be designed, constructed and completed in such a manner which shall limit the exposed area of any disturbed land for the shortest possible period of time.
(D) Sediment caused by accelerated soil erosion shall be removed from runoff water before it leaves the site of the earth change.
(E) Any temporary or permanent facility designed and constructed for the conveyance of water around, through or from the earth change area shall be designed to limit the water flow to a non-erosive velocity.
(F) Temporary soil erosion and sedimentation control measures shall be installed before or upon commencement of the earth change activity and the measures shall be maintained on a daily basis. Temporary soil erosion control measures shall be removed after earth change areas are stabilized and permanent soil erosion control measures are installed. The area shall be stabilized with permanent soil erosion control measures under approved standards and specifications as prescribed by R 323.1710.
(G) Permanent soil erosion control measures for all slopes, channels, ditches or any disturbed land area shall be completed within five calendar days after final grading or the final earth change has been completed. When it is not possible to permanently stabilize a disturbed area after an earth change has been completed or where significant earth change activity ceases, temporary soil erosion control measures shall be maintained until permanent soil erosion control measures are implemented and the area is stabilized.
(Prior Code, § 16-6) (Ord. 1311, passed 3-16-2009)
Persons carrying out soil erosion and sediment control measures, and all subsequent owners of property concerning which such measures have been taken shall maintain all permanent erosion and sedimentation control measures.
(Prior Code, § 16-7) (Ord. 1311, passed 3-16-2009)
All soil erosion and sedimentation control plans and specifications, including extensions of previously approved plans, shall include provisions for erosion and sediment control in accordance with, but not limited to, the standards contained in the state’s Department of Management and Budget Soil Erosion and Sedimentation Control Guidebook, dated February 2003, or subsequent versions of such standards, and comply with part 91 (M.C.L.A. §§ 324.9101 et seq.). Copies of said standards shall be available for inspection in the office of the City Engineer.
(Prior Code, § 16-8) (Ord. 1311, passed 3-16-2009)
All modifications of the approved soil erosion and sedimentation control plan must be submitted and approved by the City Engineer. All necessary sustaining reports shall be submitted with any proposal to modify the approved SESC plan. No grading work in connection with any proposed modification shall be permitted without the approval of the City Engineer.
(Prior Code, § 16-9) (Ord. 1311, passed 3-16-2009)
Upon satisfactory execution of all approved soil erosion and sedimentation control plans and other requirements, the City Engineer shall issue a certification of completion. If the City Engineer finds any existing conditions not as stated in any application, approved plan or permit, he or she may refuse to approve further work until approval of a revised plan which will conform to the existing conditions.
(Prior Code, § 16-10) (Ord. 1311, passed 3-16-2009)
In the event of failure to complete the work or failure to comply with all the requirements, conditions and terms of a soil erosion and sedimentation control permit and approved plans, this chapter, part 91 (M.C.L.A. §§ 324.9101 et seq.), as amended, and all current rules, the City Engineer may order such work as is necessary to eliminate any danger to persons, property or water of the state and to leave the site in a safe condition, and he may authorize completion of all necessary temporary or permanent soil erosion control measures. The permittee and the surety executing the bond or persons issuing the instrument of credit or making the cash deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expense that may be incurred or expended by the city in causing any and all such work to be done. In the case of a cash deposit, any unused portion thereof shall be refunded to the permittee.
(Prior Code, § 16-11) (Ord. 1311, passed 3-16-2009)
(A) (1) The requirements of this chapter shall be enforced by the City Engineer or his or her authorized representative. The City Engineer shall inspect the work and shall require adequate inspection of compaction by a soil engineer or by a soil testing agency, approved by the City Engineer, unless he or she determines that such inspection requirements may be waived due to the non-hazardous nature of the grading.
(2) The City Engineer or his or her duly authorized agents may enter at all reasonable times in or upon any private or public property for the purpose of inspecting and investigating conditions and practices which may be a violation of this chapter, or the latest rules of the Department of Environmental Quality, promulgated pursuant to part 91 (M.C.L.A. §§ 324.9101 et seq.), as amended, and all current rules.
(3) The City Engineer may seek to enforce a violation of this chapter by notifying the person who owns the land on which the violation is occurring by certified mail. The notice shall contain a description of the violation and what must be done to remedy the violation and shall specify a time to comply with this chapter.
(4) Within five days after a notice of violation has been issued under this section, a person who owns land subject to this chapter shall implement and maintain soil erosion and sedimentation control measures in conformance with this chapter.
(Prior Code, § 16-12)
(B) The City Engineer and his or her designees are hereby authorized to issue municipal civil infraction citations or notices of municipal civil infractions pursuant to Ch. 11 of this code of ordinances.
(Prior Code, § 16-14)
(Ord. 1311, passed 3-16-2009)
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