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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)
PERMIT REQUIREMENTS
Except as exempted by sections of this chapter, or by part 91 of Public Act 451 of 1994, as amended, being M.C.L.A. §§ 324.9101 et seq., no person shall do any grading, stripping, excavating or filling, nor undertake any earth change which disturbs one or more aces of land, or if the earth change is within 500 feet of the water’s edge of a lake or stream unless he or she has a valid soil erosion and sedimentation control permit issued by the municipal enforcing agency.
(Prior Code, § 16-31) (Ord. 1311, passed 3-16-2009)
(A) A separate application shall be required for each soil erosion and sedimentation control permit. Plans, specifications and timing schedules shall be submitted with each application for a permit. The plans shall be prepared or approved and signed by a registered professional engineer, architect, landscape architect or other person, who has experience in soil erosion and sedimentation control.
(B) The plans and specifications accompanying the soil erosion and sedimentation control permit application shall contain the following data:
(1) A legal description of the site on which the work is to be performed;
(2) A site plan at a scale of one inch to 200 feet of the site location and adjacent properties within 500 feet of the site property lines;
(3) A soil survey or written description of the soil types of the exposed land area proposed for the earth change; and
(4) A detailed plan of the site at a scale of not more than one inch equals 100 feet prepared by a licensed land surveyor in the state showing:
(a) Name, address and telephone number of the owner, developer and petitioner;
(b) A description and the location of the physical limits of each proposed earth change;
(c) A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area prior to the completion of effective erosion and sediment control measures;
(d) A certified statement of the quantity of excavation and fill involved;
(e) Existing and proposed topography at a maximum of five-foot contour intervals;
(f) Location of any structure or natural feature on the site and on the land adjacent to the site and within 50 feet of the site boundary line;
(g) Location of any proposed additional structures or development on the site;
(h) The location and description for installing and removing all proposed temporary soil erosion and sedimentation control measures;
(i) A description and location of fall proposed permanent soil erosion and sedimentation control measures;
(j) Elevations, dimensions, location, extent and the slope of all proposed earth changes (including building and driveway grades);
(k) The estimated total cost of the required temporary and permanent soil erosion control measure;
(l) Plans of all existing and proposed de-watering facilities and drainage provisions, retaining walls, cribbing, planting, anti-erosion devices or other temporary or permanent soil erosion control measures to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area of land tributary to the site and estimated runoff of the area served by any drains;
(m) A proposed program for continuous maintenances of all permanent soil erosion and sedimentation control measures that remain after project completion and designation of party responsibility for the maintenance. Continuous maintenance shall be part of any sales agreement or transfer of the property; and
(n) Other information or data as may be required by the City Engineer such as a soil investigation report which shall include, but not be limited to, data regarding the nature, distribution and supporting ability of existing soils and rock on the site.
(C) The municipal enforcing agency shall approve or disapprove an application for a soil erosion and sedimentation control permit within 30 days of the filing of a complete application.
(D) All modifications or revisions to the approved plans, and any substantiating reports, shall be submitted and approved by the municipal enforcing agency prior to the implementation of such modifications or revisions.
(Prior Code, § 16-32) (Ord. 1311, passed 3-16-2009)
At the time of filing an application for a soil erosion and sedimentation control permit a non-refundable fee will be charged for plan review and site inspections. This fee will be determined by resolution by the City Council and amended from time to time as recommended by the City Engineer.
(Prior Code, § 16-33) (Ord. 1311, passed 3-16-2009)
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