It is the purpose of this article to promote a healthy environment in the Village of Michiana as it relates to the Village's natural resources, sensitive ecosystems and the appropriateness and feasibility of development within, and the integrity of the Village's land, water and air. All provisions of this article apply to all structures, buildings and uses unless otherwise noted.

No building permit shall be issued for any use authorized by this chapter in a high-risk erosion area, as defined and classified by the Michigan Department of Environmental Quality (MDEQ), except upon the submittal of a permit issued by such Department for such use and the specific approved alterations to the lot and compliance with all provisions of this chapter. No zoning compliance certificate or building permit shall be issued prior to the receipt of written evidence of the Department's approval of such proposed alterations.

No building permit shall be issued for any use authorized by this chapter in a critical dune area, as defined and classified by the Michigan Department of Environmental Quality, except upon the submittal of a permit issued by such Department for such use and the specific approved alterations to the lot and compliance with all provisions of this chapter. No zoning compliance certificate or building permit shall be issued prior to the receipt of written evidence of the Department's approval of such proposed alterations.

No building permit shall be issued for any use authorized by this chapter that would be contrary to Chapter 172, Flood Hazard Areas, of the Code of the Village of Michiana, and any subsequent or additional local regulations addressing the same. No zoning compliance certificate or building permit shall be issued prior to the receipt of written evidence of the Department's approval of such proposed alterations.

No structure or building shall be erected or expanded upon within 50 feet of the central thread of White Creek except upon the issuance of a permit by the Zoning Administrator. The Zoning Administrator shall not issue such a permit unless the Zoning Board of Appeals finds that such limitation results in a practical difficulty in the reasonable use of the lot, that no feasible alternatives exists, and that the proposed location and extent of alteration of the existing landscape is the least intrusive reasonable alternative.

The cutting or removal of any tree shall comply with Chapter 323, Trees, of the Code of the Village of Michiana, and any subsequent regulations addressing the same.

The final grade surface of ground areas surrounding a building or structure shall be designed and landscaped such that surface waters flow away from the building or structure and are managed in a manner that avoids alterations to drainage patterns of adjacent properties, the erosion or filling of a roadside ditch, the creation of standing water over a sewage disposal drainage field, or causes hazardous or nuisance conditions along public streets. No grading or excavation shall be initiated until the Zoning Administrator has issued a zoning compliance certificate that shall signify the proposed activity conforms to the requirements of this chapter and, where required by state law, the Building Inspector certifies proposed structures and buildings associated with such grading or excavation comply with the Village's Construction Code through the issuance of a building permit. Impervious surface driveways, such as asphalt, concrete, gravel, brick and stone, in excess of five-percent slope shall incorporate design measures to be illustrated on the plot plan that demonstrate the manner in which driveway runoff will not cause ponding, flooding or erosion along the intersecting road. Such measures may include, but are not limited to, banked driveways or storm drains directing runoff to yard areas. See § 360-7. See § 360-104 for the definition of "impervious surfaces."

All storage of garbage and waste disposal shall comply with requirements of the Michigan Department of Environmental Quality and Village regulations addressing the same.

Any building intended for human occupancy and used for dwelling, recreational, institutional or other nonresidential purposes where so authorized by this chapter shall not be erected, altered, used or moved upon any premises unless said building shall be provided with a potable water supply and sewage disposal system that ensures a safe and effective means of collection, treatment and disposal of generated wastes. All on-site sewage disposal and potable water facilities shall be constructed and maintained in accordance with the requirements and standards of the Berrien County Health Department, as well as those of other applicable local, county, state or federal agencies.

All land uses and construction activities shall conform with the provisions of this chapter and all county, state and federal regulations, including but not limited to the requirements of the Berrien County Health Department applicable to sewage disposal and potable water; the requirements of the Michigan Department of Environmental Quality applicable to air and water quality protection, wetlands, stream crossings, fills in or near water bodies or in floodplains, and waste disposal; and all local, county, state and federal regulations related to loading/unloading, transport, storage, use and/or disposal of hazardous substances.

No excavated materials or outside fill materials may be stored on site in piles higher than eight feet from the lowest existing grade on which such pile shall sit, and such piles shall be covered overnight.