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(A) A soil erosion and sedimentation control permit shall not be issued unless the permittee shall first post with the municipal enforcing agency a bond executed by the owner and a corporate surety with authority to do business in the state as a surety.
(B) The bond shall be in a form approved by the City Attorney, payable to the city, and in the amount of the estimated total cost of all temporary or permanent soil erosion control measures. The total cost shall be estimated by the City Engineer. The bond shall include penalty provisions for failure to complete the work on schedule as specified on the soil erosion and sedimentation control permit. These funds shall be used to install and complete the soil erosion/sedimentation control measures if the permittee fails to complete the work. In lieu of a surety bond, the applicant may file with the city a cash bond or an instrument of credit approved by the City Attorney in the amount equal to that which would be required for the surety bond.
(C) Every bond and instrument of credit shall include, and every cash deposit shall be made on, the conditions that the permittee shall comply with all of the provisions of this chapter and all of the terms and conditions of the soil erosion and sedimentation control permit, and shall complete all of the work contemplated under said permit within the time limit specified in the soil erosion and sedimentation control permit, or if no time limit is specified, within 180 days after the date of the issuance of said permit.
(D) A bond shall not be required by the City Engineer for construction of accessory structures for a residential dwelling, construction of a minor addition to a residential dwelling, or if a bond is posted with the city in conjunction with a building permit.
(Prior Code, § 16-35) (Ord. 1311, passed 3-16-2009)
(A) (1) If the permittee is unable to complete the work within the specified time, he or she may, at least ten days prior to the expiration of the soil erosion and sedimentation control permit, present in writing to the municipal enforcing agency a request for an extension of time, setting forth the reasons for the requested extension.
(2) In the event such an extension is warranted, the municipal enforcing agency may grant additional time for the completion of the work, but no such extension shall release the owner, permittee or the surety, from the requirements of this chapter, part 91 (M.C.L.A. §§ 324.9101 et seq.), the rules.
(B) If the permittee fails to extend the permit as set forth above and allows the permit to expire, all work shall be ordered to stop by issuing a stop work order until the permit is properly extended. The permittee shall be bound to maintain all temporary and permanent soil erosion and sedimentation control measures during the stop work order in conformance with this chapter, part 91 (M.C.L.A. §§ 324.9101 et seq.), as amended, and all current rules.
(C) The municipal enforcing agency may require submittal of a new soil erosion and sedimentation control plan and application if, in the opinion of the agency, the conditions of the original permit are no longer valid due to substantial changes in the site conditions.
(Prior Code, § 16-36) (Ord. 1311, passed 3-16-2009)
During soil erosion and sedimentation control operations, the permittee hereunder shall be responsible for:
(A) The prevention of damage to any public utilities or services within the limits of grading and along any routes of travel of the equipment;
(B) The prevention of damage to adjacent property. No person shall allow sediment to onto adjacent property or grade on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any public or private property without supporting and protecting such property from settling, cracking or other damage which might result;
(C) Carrying out the proposed work in accordance with the approved plans and in compliance with all the requirements of the permit and this chapter; and
(D) The prompt removal of all soil, miscellaneous debris or other materials applied, dumped or otherwise deposited on public streets, highways, sidewalks, or other public thoroughfares during transit to and from the construction.
(Prior Code, § 16-37) (Ord. 1311, passed 3-16-2009)
(A) No permits shall be required for the following:
(1) Plowing and tilling for crop production;
(2) Grading or an excavation below finished grade for basements, footings, retaining walls or other structures on plots zoned residential of less than one acre, 43,560 square feet, and more than 500 feet from any lake, stream or drainage course; or
(3) Exemption and waivers set forth in part 91, M.C.L.A. §§ 324.9115 and 324.9115a, and R 1705.
(B) Although no permits are required under this section, the operations and constructions exempted from obtaining permits must comply with the rules and regulations concerning soil erosion and sedimentation control specified in this chapter.
(Prior Code, § 16-38) (Ord. 1311, passed 3-16-2009)
(A) Any person violating any of the provisions of this chapter shall be responsible for a municipal civil infraction and may be ordered to pay a civil fine of not more than $2,500.
(B) Any person who knowingly violates the provisions of this chapter, part 91 (M.C.L.A. §§ 324.9101 et seq.), as amended, and all current rules, or knowingly makes a false statement in an application for a soil erosion and sedimentation control permit or in a soil erosion and sedimentation control plan is responsible for the payment of a civil fine of not more than $10,000 for each day of the violation.
(C) Any person who knowingly violates the provisions of this chapter, part 91 (M.C.L.A. §§ 324.9101 et seq.), as amended, and all current rules after receiving notification under § 115.012(A) of this chapter, is responsible for the payment of a civil fine of not less than $2,500 or more than $25,000 for each day of violation.
(D) A default in payment of a civil fine or costs ordered under this section or an installment of the fine or costs may be remedied by any means authorized under the Revised Judicature Act, Public Act 236 of 1961, as amended, being M.C.L.A. §§ 600.101 et seq.
(E) In addition to a fine assessed under this section, a person who violates part 91 (M.C.L.A. §§ 324.9101 et seq.), as amended, and all current rules, or this chapter, is liable to the state for damages for injury to, destruction of or loss of natural resources resulting from the violation. The court may order a person who violates this chapter to restore the area or areas affected by the violation to their condition as existing immediately prior to the violation.
(F) Lessees, contractors or other individuals undertaking any earth changes, as well as the landowner and on-site authorized agent, are liable for civil penalties prescribed in this section.
(Prior Code, § 16-13) (Ord. 1311, passed 3-16-2009)