The Grand Rapids City Commission finds that:

(1)

There are various regulated activities associated with land use and development not typically connected with a building permit.

(2)

These activities include grading, drainage, landscaping, paving, erosion control, encroachments and permitted uses.

(3)

Permits are required for some of these activities by other provisions of the City Code and/or written City Commission policy. This Chapter consolidates the following separate permits consolidated into a Land Use and Development Services (LUDS) permit:

a)

Soil Erosion and Sedimentation Control Permit;

b)

Stormwater Discharge Permit;

c)

Paving Permit;

d)

Development Inspections Permit;

e)

Temporary Occupancy Permit.

(4)

Regular inspections of site construction for which permits have been issued are needed to confirm compliance with City, State and Federal laws, regulations and standards.

(5)

City, State, and Federal regulations governing these activities have become increasingly complex, requiring more involvement of City staff, while the City's staff and other resources to oversee these activities have been diminishing.

(6)

To ensure compliance with City, State, and Federal regulations, to provide for the efficient use of City staff, and to streamline the permitting process and delivery of City services, it is necessary to establish a Land Use and Development Services (LUDS) permitting process and set of regulations.

(Ord. No. 2007-14, § 1, 2-20-07)

(1)

The purpose of this Chapter is to streamline the land use and development or redevelopment approval process, exclusive of those approvals associated with the building trades (i.e., plumbing, mechanical and electrical). This is done by combining the various separate application and permit procedures contained elsewhere in this Code into a single application and permit process.

(2)

The permit and regulations established by this Chapter are determined to be necessary to preserve the public health, safety and welfare; to facilitate sustainable development and redevelopment, streamline the review, and permitting process for development and redevelopment; and to fulfill the obligations of the City with respect to State and Federal law, rules and regulations applicable to the use and development of land.

(3)

The objectives of this Chapter are:

(a)

To simplify the land use and development or redevelopment process by consolidating several site development related permits into a single application and permit.

(b)

To coordinate the review of plans, the inspection of construction activities, and the enforcement of regulations for the use and development or redevelopment of land.

(c)

To provide for consistent and effective compliance with City, State and Federal regulation of use and development or redevelopment of land.

(Ord. No. 2007-14, § 1, 2-20-07)

In this Chapter, these italicized words and phrases shall mean the following, unless the specific context indicates otherwise:

(1)

Administrative Order. An enforcement document that informs a person or entity of a violation of the City Code, regulations or special conditions of approval, or any applicable State or Federal laws and regulations, and that directs the violator to take corrective action(s) within a specified time or date. Types of administrative orders include but are not limited to: Notice of Violation (NOV), Corrective Action Order (CAO), Stop Work Order (SWO), Consent Order, Show Cause Order.

(2)

City. The municipal corporation that is the City of Grand Rapids, and includes its officers, employees, agents, contractors, and authorized agents of the City when acting within the scope of their authority.

(3)

City Manager. The City Manager of the City and any persons designated to act on behalf of the City Manager in the administration or enforcement of this Chapter.

(4)

Design Engineer. Registered and licensed professional engineer responsible for the site plan design.

(5)

Earth Change. Any human activity that removes ground cover, changes the slope or contours of the land, or exposes the soil surface to the actions of wind and rain. Earth change includes, but is not limited to, any excavating, surface grading, filling, landscaping or removal of vegetative roots.

(6)

Erosion. The process by which the ground surface is worn away by action of wind, water, gravity or a combination of those forces.

(7)

Excavation or Cut. Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated and the conditions resulting from such acts.

(8)

Grading. Any stripping, excavating, filling, stockpiling of soil or any combination of such acts and the land in its excavated or filled condition.

(9)

Impervious Surface. Surface that does not allow runoff to percolate into the ground such as roads, parking lots, sidewalks and rooftops.

(10)

Land Development. Any construction work taking place outside of a building or structure that changes the shape, appearance, surface type, and function of a parcel of land, including landscaping, paving and grading, land balancing or other physical alteration to the land.

(11)

Land Owner or Landowner. Any person who owns real property, or who holds a recorded easement on the property, or who is engaged in construction in a public right-of-way in accordance with Sections 13, 14, 15, and 16 of Act No. 368 of the Public Acts of 1925, as amended, (MCL 247.183, 247.184, 247.185, and 247.186) as defined in Administrative Rules, Part 17 of the Natural Resources and Environmental Protection Act, 1994, PA 451, as amended (Act 451).

(12)

Person or Entity. An individual, association of individuals, a public, private or not for profit corporation, a firm, partnership or instrumentality.

(13)

Plan. Written narratives, specifications, drawings, sketches, written standards, operating procedures or any combination of these, which contain information pursuant to this Chapter.

(14)

Property Owner. Any person having legal or equitable title to property or any person having or exercising care, custody, dominion, or control over any property. (See also Responsible Party and Land Owner) Property Owner shall also mean:

(a)

Any person who is authorized to act as an agent of the legal or equitable owner of property, or

(b)

Any person who has received a Tax Deed from the State of Michigan for the property and the person has served a notice by persons claiming title under Tax Deed, and the six (6) month redemption period has expired or nine (9) months has lapsed since the person received the Tax Deed to the property, or

(c)

Any person who performs work on property that disturbs the soil, changes the land form or otherwise impacts the drainage or stormwater discharge from property.

(15)

Redevelopment. Any change to the land or its use that involves:

(a)

A paved parking or driveway surface of one thousand (1,000) square feet or more that is being removed down to the sub-base and replaced.

(b)

A change in the drainage system serving the property.

(c)

A substantial improvement of the property.

(16)

Responsible Party. Any developer, builder, property owner, tenant, employee, officer, director, partner, contractor or other person who participates in, or is legally or factually responsible for, any act or omission which is a violation of this Chapter or which results in a violation of this Chapter.

(17)

Show Cause Hearing. A formal meeting with City staff occasioned by a Show Cause Order requiring a responsible party(s) to appear and demonstrate why a proposed enforcement action should not be taken against them.

(18)

Stripping. Any activity which removes or significantly disturbs the vegetative surface cover of a property including, but not limited to, clearing and grubbing operations.

(19)

Structure. Any man-made thing, edifice or construction in or upon the ground and any man-made change to the land. Structure includes, but is not limited to, buildings, manufactured homes, and recreational vehicles installed or left on a site for more than one hundred eighty (180) days.

(20)

Substantial Improvement. Any repair, reconstruction or improvement of an existing structure the cost of which equals or exceeds fifty (50) percent of the true cash value of the structure, either:

(a)

Before the improvement is started, or

(b)

Before the damage occurred if the structure has been damaged and is being restored.

Substantial Improvement is started when the first alteration of any structural part of the building commences.

(Ord. No. 2007-14, § 1, 2-20-07)

(1)

A LUDS Permit is required for any of the following proposed land uses, development or redevelopment activities, property situations, or special circumstances:

(a)

A commercial or industrial development or redevelopment project with some type of earth change involving an area of two thousand five hundred (2,500) square feet or more.

(b)

A plat, subdivision, Planned Unit Development, Planned Redevelopment District, Planned Industrial Development, Permitted with Approval Developments, Site Plan Review Development, Planned Redevelopment District, multi-family residential developments, or when otherwise required by the Planning Director, Planning Commission, or Board of Zoning Appeals.

(c)

A new or redeveloped parking area of one thousand (1,000) square feet or more.

(d)

An earth change within five hundred (500) feet of a wetland, creek, stream, lake, water body or flood plain.

(e)

When a permit is required by an Administrative Order: Notice of Violation (NOV), Corrective Action Notice or Order (CAO), or Consent Order.

(f)

Any earth change involving an area of one (1) acre or more.

(g)

Any work or obstruction within the City's right-of-way relating to development or redevelopment of property.

(h)

Any redevelopment of property, except single- and two-family residential properties.

(2)

A LUDS Permit shall be obtained by the Property Owner or any entity or contractor performing work on behalf of the City.

(3)

The Property Owner, or any entity or contractor performing work on behalf of the City shall be accountable and responsible for all activities associated with the development or redevelopment including the payment of any fines and penalties.

(4)

A LUDS Permit shall be obtained prior to beginning any changes to the land surface on the development or redevelopment site. Failure to obtain a permit prior to the commencement of work is a violation of this Chapter.

(5)

The LUDS Permit application and permit shall encompass and include various separate applications and permits required by other provisions of the City Code and/or written City Commission policy. These include: a Soil Erosion and Sedimentation Control (SESC) application and permit or an Authorization to Proceed with Earth Change required by Chapter 32, Sections 2.255 and 2.256; a Stormwater Discharge Permit application and permit required by Chapter 32, Section 2.213; a Paving Permit application and permit required by Chapter 61, Section 5.61(2); a Development Inspections Permit application and permit required by Chapter 61, Section 5.21(2)(b) and (c); and a Temporary Occupancy Permit application and permit required by Chapter 51, Sections 4.2, 4.3, and 4.4, and City Commission Policy 1000-06.

(6)

The LUDS application shall serve as a single application for any or several of the permit applications listed in paragraph (5) above. The applicant will be required to complete only the LUDS application, and not any of the separate applications for the various permits or authorizations listed.

(7)

Upon the proper completion of the application and payment of the appropriate review fee, which will vary from project to project and will be the sum of the separate application fees for the various permits or authorizations required for the work involved for each separate project, the City will review the project and resolve all outstanding issues with the applicant, as necessary, prior to issuance of the LUDS permit.

(8)

Once all such issues have been resolved and the appropriate inspection fee has been paid, which will vary from project to project and will be the sum of the separate permit or authorization fees required for the work involved for each separate project, the City will issue the LUDS permit.

(9)

If project timing or other circumstances dictate, and upon the request of the applicant and payment of the entire permit fee, the City may issue a conditional LUDS permit authorizing that some work on the project be permitted to proceed while other remaining issues are being resolved.

(Ord. No. 2007-14, § 1, 2-20-07; Ord. No. 2013-20, § 1, 5-28-13)

(1)

Fee Schedule.

(a)

The amount charged for each of the fees established in this Chapter shall be as set forth by resolution of the City Commission.

(b)

The City Manager may waive all or any portion of the fees provided for in this Chapter when, in the reasonable exercise of discretion, he or she determines it is fair and equitable to do so under the circumstances.

(2)

Review Fees.

(a)

A non-refundable review fee shall be paid for the review and processing of the Land Use and Development Permit Application. Consultations with City staff by the owner, developer or contractor, or their design professional in preparing application documents or revisions to those documents in obtaining a permit is included as part of the review services. This review fee shall be a consolidation of all the application fees for the various permit and authorization applications appropriate for each particular site, which may include:

(i)

Development Inspections Permit Application;

(ii)

Stormwater Discharge Permit Application;

(iii)

Paving Permit Application;

(iv)

Soil Erosion and Sediment Control Permit Application;

(v)

Authorization to Proceed with Earth Change Application.

The application fee shall be for the review of the plans and related documents for the proposed development or redevelopment, and for the review of one (1) revision to those plans and documents. Any subsequent submission of revised plans and documents shall include the payment of a fee equal to one-half (½) of the initial review fee.

(b)

General Review Requirements. Any plans, specifications and other related documents submitted for review shall include a completed LUDS Permit application and application fee. All submitted documents need to provide adequate information about the existing site and proposed development to enable a complete review of the proposed project. Plans and specifications shall be of sufficient scale and detail to facilitate the evaluation of the proposed development.

(c)

Review. The land use and development review process shall begin upon receipt of the above referenced materials. The review process will include, but is not limited to, a review of drainage, stormwater management, surface grading, soil erosion and sediment control, landscaping, exterior lighting, zoning restrictions, parking lot paving, driveway entrances, and encroachments upon public easements and rights-of-way for the proposed project.

(d)

Notice. Upon completion of this land use and development review process, the applicant will be informed through a notice that either,

(i)

The submitted plans and documents are accepted by the City, or

(ii)

The submitted documents are unacceptable because they are either incomplete or are not in conformance with approved plans, specifications, Planning Commission resolutions, City Commission resolutions, City Code, State law or Federal Law. The applicant must submit revised or additional documents before a LUDS Permit will be issued.

(e)

Supplemental Requirements. The City Manager may require additional information or design effort as he or she, in the reasonable exercise of discretion, determines is reasonably necessary to address unique site specific conditions before issuing a LUDS Permit.

(3)

Inspection Fee.

(a)

A non-refundable inspection fee shall be paid with the issuance of the LUDS Permit. The inspection fee is for site inspections and permit or authorization administration during the construction of the proposed development or redevelopment project. The inspection fee shall be a consolidation of all land development related permit and authorization inspections, which may include any (1) or all of the following permits or authorizations:

(i)

Development Inspections Permit;

(ii)

Stormwater Discharge Permit;

(iii)

Soil Erosion and Sediment Control Permit;

(iv)

Authorization to Proceed with Earth Change;

(v)

Paving Permit;

(vi)

Temporary Occupancy Permit.

Failure to obtain a LUDS Permit prior to beginning any site work is a violation of this ordinance.

(b)

If the site work is not completed and the site stabilized with sufficient ground cover by the time the LUDS Permit expires, the applicant must obtain a permit extension at least one (1) week before the permit expires and pay the appropriate fee for the additional months needed for completing the project, stabilizing the site with an appropriate ground cover and the satisfactory completion of all conditions for approving the development.

(c)

The City Manager shall determine, in the reasonable exercise of his or her discretion, whether there has been satisfactory completion of conditions for approval of a site development or redevelopment and, also, what constitutes appropriate ground cover, based on site conditions, weather, and other available relevant information.

(d)

Failure to obtain a permit extension and pay the permit extension fee is a violation of this Chapter, which may result in enforcement action against the applicant and owner, forfeiture of any surety, and possible fines and penalties.

(4)

Re-inspection Fees. The Property Owner, any entity or contractor performing work on behalf of the City shall pay a Re-inspection Fee for each occurrence when a re-inspection is needed to confirm compliance with an Administrative Order or an order of the Court. The fee amount shall be determined by resolution of the City Commission and shall be based on the level of enforcement.

(Ord. No. 2007-14, § 1, 2-20-07; Ord. No. 2013-20, § 2, 5-28-13)

The Property Owner of a parcel that is being developed or redeveloped is responsible for the design, construction and all activities that take place on the property. Any acceptance or approvals granted by the City does not diminish nor excuse the responsibilities and liabilities of the Property Owner. The Property Owner retains complete responsibility for the project's design and its compliance with applicable laws, regulations and standards. Failure to comply with any of the conditions for the issuance of a LUDS permit, conditions of any sub-permit, or any conditions for City Commission or Planning Commission approval, and all applicable laws, regulations and standards is a violation of this Code.

(Ord. No. 2007-14, § 1, 2-20-07)

(1)

Vested in City Manager. The City Manager is authorized to administer and enforce the provisions of this Chapter. The City Manager is authorized to issue municipal civil infraction citations and municipal civil infraction violation notices for those matters deemed to be municipal civil infractions pursuant to Chapter 170 of this Code, and to issue court appearance tickets for all other matters that are violations of this Code.

Each violation and every day upon which any violation is permitted or suffered to exist, shall constitute a separate violation and shall be subject to a separate penalty. The City Manager may issue an administrative order calling for corrective action prior to taking other enforcement action pursuant to the preceding paragraph.

Violations not covered by the civil infractions provisions of Chapter 170 of the City Code, shall, if convicted, be subject to a criminal penalty of up to five hundred dollars ($500.00) per day or imprisonment for ninety (90) days or both such penalty and imprisonment.

In the case of a conviction pursuant to this Section of an entity who is not a natural person, any officer or director of a corporation, any officer or partner of a partnership, or any member of a limited liability company, or any officer or owner of a proprietorship is hereby deemed to be a proper person to serve any term of imprisonment imposed by the court as a result of the conviction.

(2)

Administrative Orders. The City Manager may issue Administrative Orders whenever it is observed that any person or entity is in violation of this Chapter, or of the provisions of Chapters 32, 51, or 61 applicable to this Chapter, or of any special conditions of approval or conditions for issuance of a permit pursuant to this Chapter, including any other related laws or regulations which the City is authorized to enforce. Multiple orders may be issued simultaneously or in combination as a single order with respect to a single discharger.

(3)

Emergency Authority. When a necessary or advisable emergency protective measure or action is required to abate a nuisance, to prevent loss of human life, injury, or damage to property or the environment, or to otherwise protect the public health, safety or welfare, the City Manager is authorized to cause such measures and actions to be taken. The costs of such protective measures or actions shall be the Property Owner's and shall constitute a lien upon the property as provided for by law or in the City Charter. The costs shall also be a personal debt of the Property Owner that may be collected as other debts.

(Ord. No. 2007-14, § 1, 2-20-07)

(1)

Basis of Inspections. Inspections will be made to obtain and maintain compliance with City, State and Federal laws, regulations and standards, based upon one (1) of the following:

(a)

Routine inspections to insure compliance with approved plans, permit conditions, and program requirements.

(b)

A complaint received by the City, indicating that there is a violation of the standards of this Chapter.

(c)

An observation by the City of a violation of the Standards of this Chapter.

(d)

The need to determine compliance with a notice or an order issued by the City.

(e)

An emergency observed or reasonably believed to exist.

(f)

A request for an inspection by the Property Owner.

(g)

To determine compliance of special conditions required by a permit.

(2)

Content of Administrative Orders. Administrative orders shall:

(a)

Be in writing;

(b)

Include a description of the real estate and/or the project name;

(c)

Include a statement of the violation or violations;

(d)

Include a correction order allowing a reasonable time to correct the violation and bring the site into compliance;

(e)

State that failure to comply with the Notice may result in enforcement action.

(f)

State the fee that shall be charged for the issuance of the notice.

(3)

Method of Service. An Administrative Order shall be deemed to be properly served if served in one (1) of the following methods:

(a)

Mailed by First Class mail

(b)

Delivered personally

(c)

Facsimile Transmission (FAX) to the phone number provided in an application for the responsible person or entity

(Ord. No. 2007-14, § 1, 2-20-07)

(1)

Appeal of an Administrative Order. Any person, receiving an Administrative Order may request a hearing regarding such order. If the appeal of an Administrative Order is in connection with an interpretation of the Zoning Code or any "special condition" of the Planning Commission or Zoning Board of Appeals, the appellant shall follow the procedures as set forth in the Zoning Code. Any other appeal shall be made by a written request for a hearing to the designated person and address indicated on the order within five (5) business days after receiving the order. A hearing date, time and place shall be set as soon as is practical but not later than thirty (30) business days after receipt of the request for a hearing.

(2)

Right of Further Appeal. An appeal of the decision of the City Manager or designee following an appeal hearing shall be to Kent County Circuit Court.

(Ord. No. 2007-14, § 1, 2-20-07)