ORDINANCE
FOR
SOIL EROSION AND SEDIMENTATION CONTROL
MONROE COUNTY
MONROE COUNTY DRAIN COMMISSIONER - COUNTY AGENCY
1005 SOUTH RAISINVILLE ROAD
MONROE, MICHIGAN 48161
(734) 240-3101
MONROE COUNTY, MICHIGAN
ORDINANCE FOR SOIL EROSION AND SEDIMENTATION CONTROL
1. PURPOSE AND AUTHORITY
The purpose of this Ordinance is to prevent soil erosion and off-site sedimentation from earth change activities within the County of Monroe by requiring proper provision for water disposal and the protection of soil surfaces during and after construction, under the authority of Part 91, of the Natural Resources and Environmental Protection Act, 1994 P.A. 451, as amended, (NREPA) and the Rules promulgated pursuant thereto by the Department of Environmental Quality (DEQ) both of which are included herein by reference.
2. DEFINITIONS
For the purpose of this Ordinance, the following terms are defined.
A. "CERTIFICATION OF COMPLETION". A signed, written statement by the Drain Commissioner that specific construction, inspection or tests where required, have been performed and that such comply with applicable requirements of this Ordinance or Regulations adopted pursuant thereto.
B. "DRAIN COMMISSIONER". The Drain Commissioner of the County of Monroe, or his duly authorized representative.
C. "ACCELERATED SOIL EROSION". The increased loss of the land surface that occurs as a result of human activities.
D. “EARTH CHANGE”. A human-made change in the natural cover or topography of land, including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the waters of the state. Earth change does not include the practice of plowing and tilling soil for the purpose of crop production.
E. "EXCAVATION OR CUT". Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated and shall include the conditions resulting there from.
F. "GRADING". Any stripping, excavating, filling stock-piling or any combination thereof and shall include the land in its excavated or filled condition.
G. "LAKE” means the Great Lakes and all natural and artificial inland lakes or impoundments that have the definite banks, a bed, visible evidence of a continued occurrence of water, and a surface area of water that is equal to, or greater than, l acre. "Lake" does not include sediment basins and basins constructed for the sole purpose of storm water retention, cooling water, or treated polluted waters.
H. "ONE HUNDRED YEAR FLOOD PLAIN". That area subject to inundation by a flood having a one percent (1%) chance of occurring in any one year after total development of the watershed.
I. "PART 91" means Part 91 of Act No. 451 of the Public Acts of 1994, as amended, being 324.9101 to 324.9123a of the Michigan Compiled Laws.
J. "PERMITTEE". Any person to whom a permit is issued in accordance with this Ordinance.
K. "SEDIMENT". Any solid material, either mineral or organic, or a combination of the two, that is in suspension, is being transported, or has been moved from its site of origin by air, water, or gravity as a product of erosion.
L. "SOIL". The natural medium composed of mineral and/or organic material that forms at the earth's surface as a result or organic and inorganic processes.
M. "SOIL EROSION AND SEDIMENTATION CONTROL (SESC) PERMIT". A permit issued to authorize any work to be performed under provisions of this Ordinance.
N. "STREAM". A stream means a river, stream, creek or other surface waterway which may or may not be serving as a drain as defined by Act 40 of the Public Acts of 1956, as amended, being Section 280.1 to 280.623 of the Compiled Laws of 1948, and which has definite banks, a bed, and visible evidence of a continued occurrence of water including the connecting waters of the Great Lakes.
O. "STRIPPING". Any activity which removes or significantly disturbs the vegetative surface cover, including clearing and grubbing operations.
P. “WATERS OF THE STATE”. The Great Lakes and their connecting waters, inland lakes and streams as defined in rules promulgated under this Part, and wetlands regulated under Part 303.
3. PROGRAM RESPONSIBILITY
The requirements of this Ordinance shall be enforced by the Drain Commissioner, who has been designated by the Board of County Commissioners as the County Agency responsible for administration and enforcement of Part 91, in the name of the County. He/she shall inspect the work and shall require adequate inspection of compaction by a soil testing agency, approved by the Drain Commissioner at the expense of the permittee, unless he/she determines that such inspection requirements may be waived due to non-hazardous nature of the grading. After the site has been properly stabilized and restored the Drain Commissioner shall issue a certification of completion. If the Drain Commissioner finds any existing conditions not as stated in the SESC application, or on the approved plan, he/she may refuse permitting until the approval of an acceptable revised SESC plan is presented.
The Drain Commissioner shall issue a cease and desist order and may revoke a permit upon finding that there is a violation of this Ordinance, Part 91, the Rules, or that there is a violation of permit conditions or the approved soil erosion and sedimentation control plan.
4. PERMITS AND FEES
A. Permit Requirement. Except as exempted by Section 13 of this Ordinance, no person shall undertake an earth change such as grading, stripping, excavating or filling which disturbs one (1) or more acres of land, or is within five hundred (500) feet of the water’s edge of a lake or stream of this County, without a valid SESC Permit issued by the Drain Commissioner.
All commercial construction which undertakes earth change activities and is less than 1 acre of earth disruption and is over (500) feet of the water’s edge of a lake or stream may require a SESC Permit per the discretion of the Drain Commissioner if deemed necessary for the protection of adjacent properties or waters of the state.
B. Permit Application. A separate application shall be required for each SESC Permit. Plans, specifications and construction schedules shall be submitted with each application for a SESC Permit. The plans shall be prepared or approved and signed by a Professional Engineer or by an Architect. The Drain Commissioner may waive the preparation or approval and signature by the Professional Engineer or Architect when the work entails little hazard to the adjacent property or waters of the State and does not include the construction of a fill upon which a structure may be erected.
C. SESC Plan Requirements. The plan and specifications accompanying the SESC Permit application shall contain the following data.
1) Legal description of the premises, including the Parcel I.D. number.
(2) A vicinity sketch at the scale of 1" - 200' indicating the site location, as well as the adjacent properties within five hundred (500) feet of the site boundaries.
(3) A description of the project and the earth change activity, including the acreage of the parcel and the approximate earth disruption in acres.
(4) A plan of the site at a scale of 1" - 100' showing:
I. Name, address and telephone number of the owner, engineer/architect, and contractor.
II. A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time exposure of each area prior to the completion of effective erosion and sediment control measures.
III. Limits of earth change.
IV. A certified statement of the quantity of excavating and fill involved.
V. Statement of soil type.
VI. Existing topography at a maximum of five (5) foot contour intervals.
VII. Proposed topography at a maximum of five (5) foot contour intervals.
VIII. Location of any structure or natural feature on the site.
IX. Location of any structure or natural feature on the land adjacent to the site and within fifty (50) feet of the boundary line.
X. Location of any proposed additional structures or development on the site.
XI. Elevations, dimensions, location, extent and the slope of all proposed grading, (including building and driveway grades).
XII. A description and location of all existing and proposed on-site drainage facilities, de-watering facilities, retaining walls, cribbing, planting, anti-erosion devices, or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area of the land tributary to the site and the estimated runoff of said drainage area and provisions for proper discharge thereof.
XIII. The location and description for installing and removing all proposed temporary soil erosion and sediment control measures, and a description and the location of all proposed permanent soil erosion and sediment control measures.
XIV. Other information or data as may be deemed necessary by the Drain Commissioner, such as a boundary line survey of the site on which the work is to be performed.
(5) Identify all lakes, streams, wetlands, open ditch drains, water courses or enclosed storm drains and the actual distance to each that might receive run-off from the developed site.
(6) A program proposal for the continued maintenance of all permanent soil erosion/sedimentation control facilities which remain after project completion, including the designation of the person responsible for the maintenance. Maintenance responsibilities shall become a part of any sales or exchange agreement for the land on which the permanent soil erosion/sedimentation control measures are located. As a condition for issuance of a permit for construction of such facilities, the Drain Commissioner may require the applicant to record a notice of same in the Office of the Register of Deeds, the form of such notice to be approved by the Drain Commissioner.
(7) The owner must sign and date the application and Permit when issued. A designated agent can sign and date the application and Permit on behalf of the owner provided a written authorization is presented.
D. Fees. The Drain Commissioner shall charge fees for plan review, permit issuance, and site inspections according to the current fee schedule at the time an application is filed for a permit:
5. BOND REQUIREMENTS
At the discretion of the Drain Commissioner a permit shall not be issued for an earth change involving the movement of more than one thousand (1,000) cubic yards of soil unless the applicant shall first post with the Drain Commissioner a bond executed by the owner and a corporate surety with authority to conduct a surety business in this state, or a personal surety satisfactory to the Drain Commissioner.
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The bond shall be in a form approved by the Drain Commissioner, payable to the County and in the amount of the estimated total cost of the work authorized by the permit. The total cost shall be estimated by the Drain Commissioner. In lieu of a surety bond, the applicant may file with the County a cash bond, certified check, or an irrevocable bank letter of credit approved by the Drain Commissioner in an amount equal to that which would be required for a surety bond.
Every bond and letter of credit shall include, and every cash or certified check deposit shall be subject to the conditions that the permittee shall comply with all of the provisions of the statute and rules and all of the terms and conditions of the permit and shall complete all of the work contemplated and specified within one hundred eighty (180) days after the date of the issuance of the permit, and shall undertake the installation and completion of such protective or corrective measures as may be required by the Drain Commissioner.
The permittee and the surety executing the bond or person 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 expenses that may be incurred or expended in causing any/all such work to be done. In the case of a cash deposit, an unused portion thereof shall be refunded to the permittee after completion of all work covered by the permit including permanent site stabilization and restoration.
6. EXTENSION OF TIME
If the permittee is unable to complete the work within the specified time, he/she may, at least ten (10) days prior to the expiration of the permit, present in writing to the Drain Commissioner a request for an extension of time setting forth the reasons for the requested extension. In the event such an extension is warranted, the Drain Commissioner may grant additional time for the completion of the work, but no such extension shall release the Owner or the Surety on the bond or the person furnishing the instrument of credit or cash bond.
7. FAILURE TO COMPLETE WORK
In the event of failure to complete work or failure to comply with any or all requirements, conditions and terms of the permit, including the approved plans, the Drain Commissioner shall order the Owner to complete such work so as to eliminate any impact to persons, property, lakes or streams.
Failure by the Owner to complete such work shall result in the permit being revoked and legal remedies initiated.
8. DENIAL OF PERMIT
Soil Erosion and Sedimentation Control Permits shall not be issued where:
A. The proposed grading would cause hazards to the public safety and welfare; or
B. The work, as proposed by the applicant, will damage any public or private property or interfere with any existing stream in such a manner as to cause damage to any adjacent property or result in the deposition of debris or sediment on any public way or into any stream or create an unreasonable hazard to persons or property; or