Sec. 5C.01. The standards contained in this Chapter govern the use and alteration of land within a specified distance of, rivers, creeks and contiguous wetlands and other Rabbit River features in Dorr Township, in order to accomplish the following objectives:

a)

Implement the water quality protection, environmental protection and rural character protection goals and policies of the Dorr Township Master Plan.

b)

Achieve the Township's resource protection and community character goals in a manner that is reasonable and sensitive to local conditions and concerns of property owners.

c)

Protect water quality and habitat quality in the, rivers, creeks, and their contiguous wetlands and other Rabbit River features in Dorr Township, and thereby protect the public health, safety and general welfare, by encouraging filtering of storm water runoff through natural vegetative buffers along stream corridors, and by encouraging and protecting vegetative cover along stream banks to shade the stream, thereby maintaining lower water temperatures and high-quality stream habitat.

d)

Maintain the integrity and stability of stream banks and protect stream banks against erosion, by providing for effective vegetative buffers adjacent to stream corridors, and by prohibiting excavation and building activities within a specified distance from stream banks and the contiguous to streams wetlands.

e)

Protect the natural character and appearance of streams, stream corridors and their contiguous wetlands, which contribute to the valued natural character of the community, its quality of life and its property values.

(Ord. of 7-5-2007)

Sec. 5C.02.

a)

Applicability. The standards contained in this section shall be applicable to all land within specified distances adjacent to the Rabbit River and those rivers, drains, streams, and creeks located within the "RP-Rabbit River Protection Overlay Zone" identified on the Dorr Township Zoning Map as amended and the wetlands contiguous to the identified rivers, streams, and creeks, as defined herein.

b)

Exemptions. The standards contained in this Chapter shall not be applicable to:

1.

A lot or parcel, of one acre or less in size which was a "lot of record" on or before the effective date of this amending ordinance, which was adopted on 7-5-2007.

2.

Agricultural operations that are conducted in conformance with best management practices (BMPs) as defined and prescribed by the Michigan Right to Farm Act, Public Act 93 of 1981, as amended.

3.

The cleaning out, straightening, widening, deepening, or extending, consolidation, relocation, tiling, and connection of Drains established under the provisions of the Michigan Drain Code, Public Act 40 of 1956, as amended.

4.

All activities that are authorized in a permit issued by the Michigan DEQ pursuant to Parts 31, 301, 303 or 315 of the Natural Resources and Environmental Protection Act, PA 451 of 1994, as amended.

5.

Forestry operations that are conducted within the natural vegetation zone when done in conformance with generally accepted forestry management practices (GAFMPs) as defined and prescribed under the auspices of the Right to Forest Act Public Act 676 of 2002. However, the following practices shall not be considered exempt by this ordinance and shall be prohibited within the Rabbit River Protection Overlay zone unless specifically approved by the State of Michigan.

i)

Cutting stream bank trees.

ii)

Removal of ground cover or understory vegetation.

iii)

Felling trees into the stream bed or leaving logging debris in the stream.

iv)

Servicing or refueling equipment.

v)

Mechanical site preparation and site preparation burning.

vi)

Mechanical tree planting.

vii)

Broadcast application of pesticides or fertilizers.

vii)

Handling, mixing, or storing toxic or hazardous materials (fuels, lubricants, solvents, pesticides, or fertilizers).

6.

Publicly owned or operated parks.

c)

Administrative Action. The decision on any application for a zoning approval or a permit for an activity on property subject to the Rabbit River protection standards of this Chapter shall be made by the Zoning Administrator.

(Ord. of 7-5-2007)

Sec. 5C.03.

a)

Definition and Intent: The land area subject to the Rabbit River overlay protection standards of this section shall be the Natural Vegetation Zone which includes all lands located within 35 feet of the ordinary high water mark of the stream, and all contiguous wetlands as defined in this ordinance.

The natural vegetation zone is intended to provide a functional vegetative corridor along the edge of a stream. Its functions shall be to protect water quality, animal habitat and aesthetic values of the Rabbit River feature by minimizing erosion, stabilizing the bank, minimizing nutrient flows into the water, shading the water to maintain low water temperatures, and screening man-made structures.

b)

Delineation of Natural Vegetation Zone. The limits of the "natural vegetation zone" as used and defined in this Chapter is required to be accurately shown on all site plans, land division plans, subdivision plans (plats), site condominium plans, plans for planned unit developments, and all applications for building permits submitted for review by Dorr Township.

Any such plans for sites on which is located any protected riparian area subject to these regulations shall include the following statement:

"There shall be no clearing, grading, earth change, placement of fill, construction or disturbance of vegetation within the area labeled as being subject to the Rabbit River protection standards of the Dorr Township zoning regulations, except as permitted by Chapter 5C of the Dorr Township Zoning Regulations."

(Ord. of 7-5-2007)

Sec. 5C.04. Land located within the natural vegetation zone shall be subject to the following development standards:

a)

A dwelling unit or other principal building and any accessory buildings shall not be constructed within the natural vegetation zone except that the following structures may be permitted:

1.

Flood control or bank protection structures permitted or constructed by authorized state or federal agencies.

2.

Pedestrian or vehicular bridges when designed and constructed in a manner that minimizes impact on the Rabbit River feature.

3.

Boardwalk access to or through wetlands when constructed in accordance with a permit issued by the Michigan Department of Environmental Quality.

4.

One pump house per lot housing a pump used for irrigation when setback at least 15 feet from the high water mark, and having a maximum ground coverage of nine square feet.

b)

On-site sanitary waste treatment systems are prohibited within the natural vegetation zone.

c)

The area within the natural vegetation zone shall be kept in a predominantly natural condition. Clearing or removal of existing trees shrubs and groundcover shall be limited to the following:

1.

Removal of isolated diseased or dead trees and damaged trees that are in an unstable condition and that pose a safety hazard. The stumps and root structures of removed trees shall be left in place.

2.

Removal of noxious plants and shrubs, including poison ivy, poison sumac and poison oak and other plants regarded as common nuisance in Section 2, Public Act 359 of 1941 as amended and species that are recognized as highly invasive, as contained on a "List of Invasive Species" maintained on file in the office of the Township Clerk.

3.

Planting of native species that are contained on a "List of Native Species" maintained on file in the office of the Township Clerk is permitted.

4.

Limited removal of vegetation which complies with the following standards:

i)

Sufficient live root system and vegetation must be retained to provide for bank stabilization and erosion control, to encourage infiltration of runoff, and to provide shading of the water surface.

ii)

Existing vegetation between a height of three feet above the ground and the ground surface shall remain undisturbed and in a natural condition except as otherwise provided for herein.

iii)

Select pruning and removal of vegetation above a height of three feet shall be permitted.

iv)

Existing vegetation including an existing turf lawn may be removed and/or managed, along, one or both sides of the Rabbit River feature to allow a path parallel with the waterway but only on the outer edge of the 35 feet natural vegetation zone so as to avoid damage to the stream bank. Within this corridor an unpaved trail or path with a maximum width of eight feet is permitted.

v)

Clearing that is required to construct the exempt structures permitted in Section 5C.02, subsection b above, is permitted.

d.

Prohibited activities: The following activities are prohibited in the natural vegetation zone:

1.

Storage of motorized vehicles or petroleum products.

2.

Storage or use of toxic or hazardous materials.

3.

Storage of herbicides or pesticides.

4.

Storage of fertilizer.

5.

Placement of fill or dumping of any refuse.

6.

Concentrated drainage flow by ditches, under drains or other similar systems.

7.

Topsoil, sand and gravel extraction.

(Ord. of 7-5-2007)

Sec. 5C.05.  Within any A, B1, B2, C, D, E or PUD zoning district affected by the Rabbit River Protection Overlay District the minimum lot width and depth for all lots with any part located within this Rabbit River Protection Overlay and created after the effective date of this Chapter shall be as follows:

a)

Minimum Lot area: 20,000 square feet.

b)

Minimum Lot Width: 100 feet.

c)

Maximum Lot Depth: The depth of each lot shall be sufficient to accommodate all setbacks and yard requirements of this overlay zone and the underlying district, and shall not have a width to depth ratio of more than 1 to 4.

d)

Minimum Principal Structure Setback: A principal structure shall not be erected closer than 100 feet from the high water mark of the stream or contiguous wetland except on non-conforming lots of record or where there are steep banks.

e)

Principal Structure exception for steep banks. Where there is a steep stream bank, a principal structure (but not a septic system) may be constructed closer to the Rabbit River feature according to the following schedule:

Where the bank height, at the bluff, is (a) feet as measured in vertical feet from the high water mark, the principal structure may locate no closer than (b) horizontal feet from the bluff or the high water mark, whichever is greater:

(Ord. of 7-5-2007)