An Ordinance for the control and preservation of wetlands and watercourses within the Charter Township of Ann Arbor and to protect the wetlands of the Township from sedimentation, destruction, and misuse; to prescribe the powers, duties and functions of the Township enforcing agency; to provide for the promulgation of rules; to establish permits and a fee schedule; to establish design standards, specifications, and bond requirements; to provide for variance and exceptions; to provide for inspections and enforcement; to provide for violations, remedies and penalties thereof; and to provide for severability and effective date of the Ordinance.
THE CHARTER TOWNSHIP OF ANN ARBOR HEREBY ORDAINS:
SECTION I. GENERAL
Section 1.1 - Findings
The Township Board of the Charter Township of Ann Arbor finds that wetlands and watercourses are indispensable and fragile resources that provide many public benefits, including maintenance of water quality through nutrient cycling and sediment trapping as well as flood and storm water runoff control through temporary water storage, slow release, and groundwater recharge. In addition, wetlands provide open space; passive outdoor recreation opportunities; fish and wildlife habitat for many forms of wildlife, including migratory waterfowl; and rare, threatened or endangered wildlife and plant species; and pollution treatment by serving as biological and chemical oxidation basins.
Preservation of the remaining Township wetlands in a natural condition shall be and is necessary to maintain hydrological, economic, recreational, and natural resource values for existing and future residents of the Charter Township of Ann Arbor, and therefore the Township Board declares a policy of no net loss of wetlands. Furthermore, the Township Board declares a long term goal of net gain of wetlands to be accomplished through review of degraded or destroyed wetlands in the Township, and through cooperative work with landowners, using incentives and voluntary agreements to restore wetlands.
Section 1.2 - Purposes
The purposes of this Ordinance are to provide for:
A. The protection, preservation, replacement, proper maintenance, restoration, and use in accordance with the character, adaptability, and stability of the Township's wetlands and watercourses, in order to prevent their pollution or contamination; minimize their disturbance and disturbance to the natural habitat therein; and prevent damage from erosion, siltation, and flooding.
B. The coordination of and support for the enforcement of applicable federal, state, and county statutes, ordinances and regulations including, but not limited to, the:
1. Wetland Protection Act, enforced by the Michigan Department of Environmental
Quality which is hereinafter referred to as the MDEQ;
D. The establishment of standards and procedures for the review and regulation of the use of wetlands and watercourses.
E. The establishment of penalties for violation of this Ordinance.
F. A procedure for appealing decisions.
G. The establishment of enforcement procedures and penalties for the violation of this Ordinance.
H. Creation of a board to assist in the protection of wetlands and to build public support for the values of wetlands.
I. Assurance that the right to reasonable use of private property is maintained.
Section 1.3 - Construction and Application
The following rules of construction apply in the interpretation and application of this Ordinance:
A. In the case of a difference of meaning or implication between the text of this Ordinance and any caption or illustration, the text shall control.
B. Particulars provided by way of illustration or enumeration shall not control general language.
Section 1.4 - Applicability to Private and Public Agency Activities and Operations
The provisions of this Ordinance, including wetland use permit requirements and criteria for wetland use permit approval, shall apply to activities and operations proposed by federal, state, local and other public agencies as well as private organizations and individuals.
SECTION 2 - DEFINITIONS
Section 2.1 - Definition of Terms
not specifically defined shall have the meaning customarily assigned to
1. A permanent surface water connection or any other direct physical contact
with an inland lake or pond, a river, creek or stream.
3. A wetland that is partially or entirely located within five hundred
(500') feet of the ordinary high water mark of an inland lake or pond
or a river or stream, unless it is determined by the Township or the MDEQ
in accordance with Rule 281.924 of the Wetland Administrative Rules, adopted
in connection with the Wetland Protection Act, that there is no surface
or groundwater connection to these waters.
ENVIRONMENTAL REVIEW BOARD shall mean the body of the Charter Township of Ann Arbor which makes decisions on wetland use permit appeals and advises the Township on wetland resource policy, education and restoration.
LOT means a designated parcel, tract, building site or other interest in land established by plat, subdivision, conveyance, condominium master deed, or as otherwise permitted by law, to be used, developed or built upon as a unit.
MATERIAL shall mean soil, sand, gravel, clay, peat moss and other organic material.
MITIGATION shall mean: (1) methods for eliminating or reducing potential impact to regulated wetlands; or (2) creation of new wetlands to offset unavoidable loss of existing wetlands.
PERSON means an individual, sole proprietorship, partnership, corporation, association, municipality, this state, any instrumentality or agency of this state, the federal government, or any instrumentality or agency of the federal government, or other legal entity.
PROTECTED WETLANDS shall mean any of the following:
1. All wetlands subject to regulation by the MDEQ including:
REMOVE means to dig, dredge, suck, pump, bulldoze, drag line, or blast.
RESTORATION means to return from a disturbed or totally altered condition to a previously-existing natural or altered condition by some action of man.
SEASONAL shall mean any intermittent or temporary activity which occurs annually and is subject to interruption from changes in weather, water level, or time of year, and may involve annual removal and replacement of any operation, obstruction, or structure.
STRUCTURE shall mean any assembly of materials above or below the surface of the land or water, including but not limited to, buildings, bulkheads, piers, docks, landings, dams, waterway obstructions, paving and roadways, poles, towers, cables, pipelines, drainage tiles, and other underground installations.
TOWNSHIP BOARD shall mean the legislative body of Ann Arbor Charter Township, Washtenaw County, Michigan.
TOWNSHIP WETLAND MAP refers to the Ann Arbor Charter Township Wetland Map, based on the National Wetland Inventory Map of the U.S. Fish and Wildlife Service; the Michigan Resource Information System Mapping (MIRIS) of the MDEQ; the soils maps of the Soil Conservation Service; aerial photography; and onsite inspections.
WETLAND shall mean land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp or marsh.
WETLAND ADMINISTRATOR shall mean a person(s) knowledgeable in wetland protection, appointed by the Township Board of Trustees to administer this Ordinance and to carry out certain duties hereunder, includingany firm or individual appointed on a contract basis.
WETLAND CONSULTANT shall mean a person or persons knowledgeable in wetland protection and delineation who is identified by the Township to make wetlands determinations and delineation wetlands and advises the Township on wetland resource policy, education and restoration. Any firm or individual appointed on a contract basis.
WETLAND USE PERMIT shall mean the Township approval required for activities in wetlands and watercourses described in Section 7 of this Ordinance.
WETLAND VEGETATION shall mean plants, including but not limited to, trees, shrubs, and herbaceous plants, that exhibit adaptations to allow, under normal conditions, germination or propagation and to allow growth with at least their root systems in water or saturated soil.
SECTION 3 - RELATIONSHIP TO STATE AND FEDERAL PERMIT REQUIREMENTS
Whenever persons requesting a wetland use permit are also subject to state and/or federal permit requirements, the following shall apply:
A. The Township shall have jurisdiction for the regulation of wetlands under this Ordinance concurrent with the jurisdiction of the MDEQ.
B. Approvals under this Ordinance shall not relieve a person of the need to obtain a permit from the MDEQ and/or the U.S. Army Corps of Engineers, if required.
C. Issuance of a permit by the MDEQ and/or the U.S. Army Corps of Engineers shall not relieve a person of the need to obtain approval under this Ordinance, if applicable.
SECTION 4. ADMINISTRATION
Section 4.1 - Township Wetland Map
The Township Wetland Map, together with all explanatory matter thereon and attached thereto, as may be amended through the Wetland Verification and Delineation Process, is hereby adopted by reference and declared to be a part of this Ordinance. The Township Wetland Map shall be on file in the office of the Township Clerk.
The Township Wetland Map shall serve as a general guide for the location of protected wetlands. The Township Wetland Map does not create any legally enforceable presumptions regarding whether property that is or is not included on the inventory map is or is not in fact a wetland.
The Wetland Verification Process, as set forth herein, shall be used to verify wetland on properties where wetland is shown on the Township Wetland Map or on properties where wetland exist as defined in Section 2.1 herein. The Wetland Delineation Process, as set forth herein, shall be used to establish the actual boundaries of wetlands in the Township. The identification of the precise boundaries of wetlands on a project site shall be the responsibility of the applicant subject to review and approval by the Township Wetland Consultant.
A. Wetland Verification Process
1. The Township or property owners of wetland may initiate a verification
of the areas shown on the Township Wetland Map as wetland or on properties
where wetland exists as defined in Section 2.1 herein. The verification
shall be limited to a finding of wetland or no wetland by the Wetland
Administrator. The finding shall be based on, but not limited to, aerial
photography, topographical maps, site plans, and field verification.
4. The applicant shall pay fees for the Wetland Verification Process as
established in Section 9.1.
1. To establish actual wetland boundaries on a property, the applicant
shall provide a survey or dimensional site plan, drawn at an appropriate
scale, showing property lines, buildings and any points of reference along
with the wetland boundaries, according to one of the following sources:
(b) Wetland delineation prepared by the applicant's wetland consultant
subject to review and approval by the Township's Wetland Consultant.
1. The Township Wetland Map shall be updated when new data is available
or when corrections are needed in order to maintain the integrity of the
the location where the map may be reviewed;
4.2 Environmental Review Board
A. The Environmental Review Board shall consist of five (5) residents of the Township appointed by the Township Board; three of whom shall have knowledge and experience in the areas of botany, soils, geology, hydrology, or natural resources. One member of the Environmental Review Board shall be a member of the Township Board and one member shall be a member of the Township Planning Commission. The initial terms of appointment shall be as follows: 2 individuals for 3 years, 2 individuals for 2 years, and 1 individual for 1 year. Thereafter, appointments shall be for a term of three years. The term of the Township Board representative to the Environmental Review Board shall be concurrent with the term of office.
B. The Environmental Review Board shall establish rules of procedure.
C. The Environmental Review Board is authorized to undertake activities to protect wetlands including the following:
1. Review appeals of wetland use permits, mitigation, and/or restoration
decisions made by the Wetland Administrator, the Township Planning Commission
or the Township Board.
E. Members of the Environmental Review Board shall serve at the pleasure of the Township Board of Trustees and may be removed at any time without cause.
Section 5.1 - Activities Prohibited Without First Obtaining A Wetland Use Permit
Except for those activities expressly permitted by Section 5.2, it shall be unlawful for any person to do any of the following in a protected wetland or watercourse unless and until a wetland use permit is obtained from the Township pursuant to this Ordinance.
Deposit or permit to be deposited any material or structures into any
B. Remove or permit to be removed any soil from any watercourse or from any protected wetland.
C. Dredge, fill or land balance watercourses or protected wetlands.
D. Create, enlarge, diminish or alter a lake, pond, creek, stream, river, drain or protected wetland.
E. Construct, operate or maintain any development in or upon protected wetlands or watercourses.
F. Erect or build any structure, including but not limited to, buildings, roadways, bridges, tennis courts, paving, utilities, or private poles or towers in or upon protected wetlands or watercourses.
G. Construct, extend or enlarge any pipe, culvert, or open or closed drainage facility which discharges silt, sediment, organic or inorganic materials, chemicals, fertilizers, flammable liquids or any other pollutants to any lake, stream, protected wetland, or watercourse, except through a retention area, settling basin, or treatment facility designed to control and eliminate the pollutant.
Construct, enlarge, extend or connect any private or public sewage or
waste treatment plant discharge to any lake, stream, river, pond, watercourse,
or protected wetland except in accordance with the requirements of Washtenaw
County, State of Michigan and/or the United States, to the extent that
such entities have jurisdiction.
J. Fill or enclose any ditch which would result in a significant reduction of storm water absorption and filtration into the ground or would otherwise have an adverse impact on receiving watercourses or wetlands.
Section 5.2 - Allowable Activities
Notwithstanding the prohibitions of Section 5.1, the following activities are permitted within watercourses or protected wetlands without a wetland use permit, unless otherwise prohibited by statute, ordinance or regulation:
A. Fishing, swimming, boating, canoeing, hiking, horseback riding, bird-watching, or other similar recreational activities which do not require alteration of wetland vegetation or grading of soils.
B. Grazing and/or watering of animals.
C. Education, scientific research, and nature study.
D. Installation for noncommercial use of temporary seasonal docks, rafts, diving platforms and other recreational devices customarily used for residential purposes.
E. Maintenance or repair of lawfully located roads, sewers, ditches, structures and of facilities used in the service of the public to provide transportation, electric, gas, water, telephone, telecommunication, or other services, provided that such roads, sewers, ditches, structures, or facilities are not materially changed or enlarged and provided that the work is conducted using best management practices to ensure that flow and circulation patterns, and chemical and biological characteristics of watercourses and wetlands are not impaired and that any adverse effect on the aquatic environment will be minimized.
F. Excavation and filling of no more than fifty (50) cubic yards of material if necessary for the repair and maintenance of bridges, walkways, and other existing structures, provided that such structures allow for the unobstructed flow of water and preserve the natural contour of the protected wetland, except as authorized by permit or in connection with Section G (below).
Improvement or maintenance of the Huron River or its tributaries when
such operations are organized or sponsored or approved by the Township
and are specifically intended to preserve natural resources. Such permitted
activities shall include, but not be limited to: (1) removal of materials
which may cause diverted flows and bank erosion, including the removal
of trees, brush, and debris; (2) bank stabilization projects which require
minimal disturbance of existing conditions; (3) wildlife and aquatic habitat
improvement projects; and (4) removal of pernicious, invasive plant species
(e.g., purple loosestrife).
H. Farming, horticulture, silviculture, lumbering, and ranching activities, including plowing, irrigation, irrigation ditching, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices. Wetland altered under this subdivision shall not be used for a purpose other than a purpose described in this subsection without a permit from the MDEQ.
I. Construction or maintenance of farm or stock ponds.
J. Maintenance, operation, or improvement which includes straightening, widening, or deepening of the following which is necessary for the production or harvesting of agricultural products:
1. An existing private agricultural drain.
2. That portion of a drain legally established pursuant to Act No. 40 of the Public Acts of 1956, as amended, being sections 280.1 to 280.630 of the Michigan Compiled Laws, which has been constructed or improved for drainage purposes.
A drain constructed pursuant to other provisions of the Wetland Protection
L. Drainage necessary for the production and harvesting of agricultural products if the wetland is owned by a person who is engaged in commercial farming and the land is to be used for the production and harvesting of agricultural products. This subsection shall not apply to a wetland which is contiguous to a lake or stream, or to a tributary of a lake or stream, or to a wetland which is necessary to be preserved for the public interest, in which case a permit shall be required. Except as otherwise provided in the Wetland Protection Act, wetland improved under this Subsection after October 1, 1980 shall not be used for nonfarming purposes without a permit from the MDEQ.
M. A wetland use permit shall not be required for any use which is exempt from a permit under Section 30305 of the Wetland Protection Act (previously Section 6 of Act 203 of the Public Acts of 1979 as amended).
Section 5.3 - Existing Non-conforming Lots, Uses and Structures
Lots, uses and structures lawfully existing at the effective date of this Ordinance shall be subject to the requirements of this Ordinance, except as follows:
B. Any activity, structure, or use lawfully existing prior to the effective date of this Ordinance, but not in conformity with the provisions of this Ordinance, may be continued, maintained and operated.
C. Any structure lawfully existing prior to the effective date of this Ordinance damaged by fire, explosion, act of God, or other causes beyond the control of the owner, may be restored, rebuilt, or repaired without obtaining a wetland use permit.
SECTION 6 - APPLICATION
Application for approval and issuance of wetland use permits shall be concurrent with the application for approval, and issuance of other necessary Township approvals, except that in the case of any such application for another approval which is pending on the effective date of this Ordinance and which has not been approved and which, by the terms of this Ordinance, would require a wetland use permit application, the applicant shall be notified by the Wetland Administrator that an application for a wetland use permit is required, and processing of the other application shall not proceed until the wetland use permit application has been filed. The applicant for a wetland use permit shall submit four copies of the following to the Township:
A. An application completed in full, on a form supplied by the MDEQ.
B. A wetland delineation including, but not limited to the following information: dominant tree, sapling, shrub and herb vegetation; presence or lack of accepted wetland hydrology indicators; analysis of soil including a description of the soil profile to at least 20 inches and comparison to Washtenaw County Soil Survey and maps of the wetland(s) mapped. Mapped data shall be represented in a manner that allows comparison to the Ann Arbor Township Wetland Map.
C. Soil drainage and stormwater management plans.
D. A mitigation plan, if the proposed activity will result in the loss of wetland resources.
E. A cover letter signed by the applicant including the following information:
1. Name of project and brief description (one sentence).
6. Size of total wetland, size of affected wetland and cubic yards of fill.
F. For a wetland use permit approval required in conjunction with a site plan, plat or other proposed land use, the applicant shall at the time of application elect to have the application processed under either Subsection (1) or (2) below:
(1) The wetland use permit application shall be reviewed and a decision rendered within ninety (90) days of receipt of a complete application with the understanding that the land use review may not be completed at the time the decision is rendered on the wetland use permit application. The application may be submitted either prior to or concurrent with the review of the site plan, plat or other proposed land use submitted by the applicant. If a subsequent land use approval is inconsistent with the wetland use permit approval a new wetland permit will be required; or,
(2) If the applicant requests that the wetland use permit application be reviewed and acted upon concurrent with a review of a site plan, plat or other proposed land use submitted by the applicant, the ninety (90)-day review period limitation specified in Section 30307(6) of the Wetland Protection Act shall thereby be deemed waived by the applicant and extended accordingly.
G. Upon receipt of an application, the Township Clerk shall:
1. Transmit one copy of the application to the MDEQ.
Copies of wetland permit applications filed with the MDEQ and forwarded to the Township in accordance with Section 30307(6) of Wetland Protection Act shall become part of the application for an Ann Arbor Charter Township wetland use permit.
I. An application shall not be considered properly received by the Township until all information required by this section has been submitted.
SECTION 7 - REVIEW
Section 7.1 - Method of Review of Wetland Permit Application
A. Before a wetland use permit application is submitted, the necessity of the wetland use permit shall be determined by the Wetland Administrator, or designee with the "Township Wetland Map" to be used as a reference along with other available information.
B. Whenever a wetland use permit is required, applicant may request an administrative meeting with the Wetland Administrator to review the proposed activity in light of the purposes of this Ordinance.
C. Upon receipt of an application, the Wetland Administrator or designee shall ensure that all required information including a wetland delineation has been submitted. The receipt of the application shall constitute permission from the owner to complete an on-site investigation. Applicant will pay fees as established in Section 9.1.
D. If an application is not complete, the application will not be considered properly received by the Township.
E. The Township Clerk shall transmit one copy of the complete application and supporting materials to the Township Wetland Consultant to confirm the boundaries of the wetland and to review the proposal in light of the purpose and review standards of Section 7 and other applicable sections of this Ordinance.
Township Wetland Consultant shall prepare and transmit a report and recommendation
to the Wetland Administrator documenting the review required by Section
Section 7.2 - Wetland Use Permit Decisions by the Wetland Administrator
The following process shall apply to wetland use permit decisions by the Wetland Administrator:
A. For wetland use permit applications submitted in conjunction with activities that do not require approval by the Township Planning Commission and/or Township Board, the Wetland Administrator in conjunction with the building official if a building permit is required, shall approve, approve with conditions or deny the application within ninety (90) days after receipt of an application. When requested by a landowner, the Wetland Administrator has discretion to not require a Wetland Use Permit for minor beautification or landscape activities which are not associated with any building construction project. If the Wetland Administrator does not make a final determination on the application within ninety (90) days after receipt of a complete application, then the permit application shall be considered approved.
B. Persons wishing to comment on the application must submit their comments in writing to the Wetland Administrator prior to the date and time set in the notice. Persons wishing to receive notice of the Wetland Administrator's decision must submit a written request to the Wetland Administrator.
C. After completing the review and reviewing the written comments, the Wetland Administrator shall approve, approve with modifications or conditions, or deny the wetland use permit application in accordance with the standards of this Ordinance. The denial of a permit shall be accompanied by a written statement of all reasons for the denial. The Wetland Administrator shall report the decision to the Township Environmental Review Board, Township Planning Commission and Township Board of Trustees.
D. When a wetland use permit is approved, approved with modifications or conditions, or denied, written notice shall be sent to the applicant and to all persons who have requested notice of the Wetland Administrator's decision. A permit approved by the Wetland Administrator shall not be issued or effective until ten (10) calendar days following the date of approval.
Section 7.3 - Wetland Use Permit Decisions by Township Planning Commission or the Township Board
The following process shall apply to wetland use permit decisions by the Township Planning Commission or by the Township Board:
In the case of site plan reviews, the Township Planning Commission shall decide on any wetland use permits. The Township Planning Commission shall require that the delineation and wetland use permit application requests be submitted prior to or concurrent with any site plan review.
In the case of conditional use permits and rezoning petitions, the Township Board shall decide on any wetland use permits The Township Board shall require that the delineation and wetland use permit application requests be submitted prior to or concurrent with any public hearings for conditional use or rezoning petitions. The Township Planning Commission shall hold the public hearing and make recommendations to the Township Board regarding wetland use permits associated with conditional use permits or rezoning petitions.
B. After review and study of the application materials and the Township Wetland Consultant=s report and recommendation, the Township Planning Commission or Township Board, as applicable, shall hold one public hearing after publication in a newspaper of general circulation in the Township not less than five (5) days nor more than fifteen (15) days prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing and the place and time the proposed wetland use permit may be examined. The wetland use permit hearing may be held in conjunction with a review of the related land use request(s).
D. After completing the review and holding one public hearing, if so required, the Township Planning Commission or Township Board as applicable shall approve, approve with conditions or deny the application within ninety (90) days after receipt of a complete application, in accordance with this Ordinance. If the Township Planning Commission or the Township Board, as applicable, does not make a final determination on the application within ninety (90) days after receipt of a complete application, then the permit application shall be considered approved.
E. Written notice shall be sent to the applicant upon approval, approval with conditions or denial of a wetland use permit by the Township. The denial of a permit shall be accompanied by a written statement of all reasons for denial.
F. A permit approval by the Township Planning Commission or Township Board, as applicable, shall not be issued or effective until ten (10) calendar days following the date of the approval and compliance with Section 7.5 of this Ordinance.
Section 7.4 - Appeals Of Decisions Of The Wetland Administrator, Township Planning Commission or Township Board
The following process shall apply to appeals of decisions made by the Wetland Administrator, the Township Planning Commission, or the Township Board, as applicable:
A. Any person who is aggrieved by the approval, approval with modifications or conditions, or denial of a wetland use permit by the Wetland Administrator, the Township Planning Commission or by the Township Board, may appeal the decision to the Environmental Review Board. A written letter containing the specific reasons for appeal shall be filed with the Township Clerk within ten (10) calendar days after the date of the decision to be appealed. Timely filing of an appeal shall have the effect of suspending the effect of the permit pending the outcome of the appeal.
B. After a hearing, the Environmental Review Board shall determine that the decision of the Wetland Administrator, Township Planning Commission or Township Board be affirmed, affirmed with modification, or reversed. The time limitation may be extended with the consent of the applicant. The Board's decision shall be based on written findings.
Section 7.5 - Wetland Use Permit Conditions
B. The Wetland Administrator, the Township Planning Commission or the Township Board, as applicable, shall fix a reasonable time to complete the proposed activities.
C. The Wetland Administrator, the Township Planning Commission or the Township Board, as applicable, may require the applicant to file with the Township a cash or corporate surety bond or irrevocable bank letter of credit in an amount, if any, determined necessary to ensure compliance with the wetland use permit approval conditions and this Section.
D. The Wetland Administrator, the Township Planning Commission or the Township Board, as applicable, shall require that final approval of a wetland use permit application shall be contingent upon receipt of evidence by the Township that required county, state and federal permits, if any, have been obtained by the applicant.
E. At no time shall the Wetland Administrator, the Township Planning Commission or the Township Board, as applicable, issue a wetland use permit that allows a more extensive alteration of the wetland than permitted by state or federal law.
F. Wetland use permits for seasonal operations need not be renewed annually unless otherwise stated in the permit.
G. Any change that increases the size or scope of the operation and that affects the criteria considered in approving the permit as determined by the Wetland Administrator, the Township Planning Commission or the Township Board, as applicable, shall require the filing of a new wetland use permit application.
H. Any temporary, seasonal, or permanent operation that is discontinued for two (2) years or two (2) seasons shall be presumed to have been abandoned and the wetland use permit automatically voided.
I. Any permit granted under this Ordinance may be revoked or suspended by the Township Planning Commission or Township Board, as applicable, after notice and an opportunity for a hearing, for any of the following causes:
1. A violation of a condition of the permit.
1. Maintain adequate soil erosion control structures and measures, including
but not limited to, silt fences, straw bale berms, and sediment traps.
The permittee shall provide for periodic inspections throughout the duration
of the project.
L. Actions allowed by a wetland use permit must be completed within one (1) year of approval. A maximum of a one (1) year extension may be approved.
Section 7.6 - Review Standards And Criteria For Non-Contiguous Wetlands Less Than Two (2) Acres In Area.
A. A wetland use permit shall be approved with respect to a non-contiguous wetland less than two (2) acres in area unless the Wetland Administrator, Township Planning Commission or Township Board determines that the wetland is essential to the preservation of the natural resources of the Township. It shall be the burden of the Township to prove that the wetland is essential to the preservation of the natural resources of the municipality.
1. The site supports state or federal endangered or threatened plants,
fish, or wildlife appearing on a list specified in Section 36505 of the
Natural Resources and Environmental Protection Act (Act 451 of 1994 [previously
Section 6 of the Endangered Species Act of 1974, Act No. 203 of the Public
Acts of 1974, being Section 299.226 of the Michigan Compiled Laws]).
E When a wetland under two (2) acres in size has been determined to be essential to the natural resources of the Township and the Township has found that one or more of the criteria set forth exist at the site, the Township shall notify the applicant in writing stating the reasons for determining the wetland to be essential to the preservation of the natural resources.
After determining that a wetland less than two (2) acres in size is essential to the preservation of the natural resources of the Township, the wetland use permit application shall be reviewed according to the standards in Section 7.7.
Section 7.7 - Review Standards for Wetland Use Permits
The criteria to evaluate wetland use permits under this Ordinance and to determine whether a permit is granted are as follows:
A. A permit for any activity listed in Section 5.1 shall not be approved unless the proposed activity is in the public interest and is otherwise lawful in all respects. Public input shall be evaluated in approving, approving with conditions, or denying the application. The reasonable use of the property involved in accordance with applicable local ordinances and state law shall also be considered.
In determining whether the activity is in the public interest, the benefit which reasonably may be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity. The decision shall reflect the national, state, and local concern for the protection of natural resources from pollution, impairment, and destruction. The following general criteria shall be considered:
1. The relative extent of the public and private need for the proposed
1. Aquatic resources will not be unreasonably disrupted; and
Section 8.1 - Findings That Wetland And Watercourse Loss Is Unavoidable
Mitigation shall not be considered a substitute for making all prudent attempts to avoid wetland impacts.
A. Prior to considering a proposal for wetland mitigation, the Wetland Administrator, the Township Planning Commission or the Township Board, as applicable, shall make all of the following findings:
1. That all feasible and prudent efforts have been made to avoid the loss
of protected wetland.
Section 8.2 - Criteria For Approving Proposals For Wetland Mitigation
If the Wetland Administrator, Township Planning Commission or the Township Board, as applicable determines that it is practical to replace the protected wetlands which will be impacted, mitigation plans shall be approved only if all of the following criteria are met:
A. Wetland mitigation and monitoring plans shall become conditions to the wetland use permit and shall be the responsibility of the applicant.
B. Financial assurances that mitigation is accomplished as specified by the permit condition may be required by the Wetland Administrator, Township Planning Commission or Township Board, as applicable.
C. Any mitigation activity shall be completed before initiation of other permitted activities, unless a phased concurrent schedule can be agreed upon between the Wetland Administrator, Township Planning Commission or Township Board, as applicable, and the applicant.
D. Wetland mitigation plans that create less than two (2) acre wetlands shall meet one of the conditions listed in Section 7.6 B.1-10.
SECTION 9 - FEES, PENALTIES AND ENFORCEMENT
Section 9.1 - Fees
Restoration Requirements for Illegal Wetland Alteration
SECTION 10 - COUNTY AND STATE NOTIFICATION
Section 10.1 - Notice to the Washtenaw County Drain Commissioner and MDEQ
The Township shall notify the Washtenaw County Drain Commissioner and MDEQ of the adoption of this Ordinance. The Township shall cooperate with the MDEQ in the enforcement of the Wetland Protection Act as to wetlands under the MDEQ's jurisdiction as defined under this Ordinance.
SECTION 11 - ORDINANCE CONFLICT
Section 11.1 - Abrogation and Conflict of Authority
Nothing in this Ordinance shall be interpreted to conflict with present or future state statutes in the same subject matter; conflicting provisions of this Ordinance shall be abrogated to, but only to, the extent of the conflict. Moreover, the provisions of this Ordinance shall be construed, if possible, to be consistent with relevant state regulations and statutes. If any part of this Ordinance is found to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision. Such holding shall not affect the validity of the remaining portions thereof, and the remainder of the Ordinance shall remain in force. Rights and duties which have matured, penalties which have been incurred, proceedings which have begun (except as set forth in Section 5.3 and Section 6 herein) and prosecutions for violations of law occurring before the effective date of this Ordinance are not affected or abated by this Ordinance.
SECTION 12 - PROPERTY TAX ASSESSMENT
If a wetland use permit is denied by the Township, a landowner may appear at the annual Board of Review for the purpose of seeking a re-valuation of the affected property for assessment purposes to determine its fair market value under the use restriction.
SECTION 13 - EFFECTIVE DATE
This Ordinance shall take full force and effect upon August 30, 1998, following final publication of said ordinance.
SECTION 14 - CERTIFICATION
I, Catherine Braun, Clerk of the Charter Township of Ann Arbor, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted at first reading by the Ann Arbor Charter Township Board at a regular meeting on and adopted at second and final reading by said Board at a regular meeting of said Board on August 17, 1998.Return to the Planning Commission Page