(a)

The township assumes and shall be responsible for administering and enforcing the Stille-DeRossett-Hale Single State Construction Code Act, Public Act No. 230 of 1972, as amended, the Skilled Trades Regulation Act, Public Act No. 407, as amended and the Michigan State Construction Code, as amended, which consists of the Michigan Residential Code; the Michigan Building Code; the Michigan Electrical Code; the Michigan Mechanical Code; the Michigan Plumbing Code; as well as the Michigan Uniform Energy Code and the Premanufactured Unit Rules, as updated and promulgated by the State of Michigan within the boundaries of the Charter Township of West Bloomfield. This shall include the licensing and registration requirements of each Act, as well as the ratio requirements for apprentices on jobsites.

(b)

A person who violates or fails to comply with any of the provisions of this division shall be responsible for a municipal civil infraction as authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and section 1-10 of the Code of Ordinances. The penalty for a first violation of this article shall be a fine in the amount of one hundred fifty dollars ($150.00). The penalty for a second violation and each subsequent violation within any two-year period shall be a fine in the amount of three hundred dollars ($300.00). A stop-work order shall be issued and relevant permits shall be revoked.

(c)

Any individual who receives three (3) municipal civil infractions for performing unlicensed work or operating an unlicensed worksite within the boundaries of West Bloomfield Township pursuant to section 8-8 of this Code shall not be permitted to operate any worksite within the boundaries of the township and shall not be issued any permits.

(Ord. No. C-609, § 1, 6-25-01; Ord. C-801, § 1, 2-22-16; Ord. No. C-801-A, § 1, 2-10-25)

The township building department, its officials, inspectors, administrative, plan review and inspection personnel and consultants, and personnel and consultants of the township engineering, planning, environmental, and code enforcement departments, and the planning commission, the wetland review board, and the township board of trustees, that perform acts or provide services in the administration and enforcement of the [Michigan] State Construction Code and Act, are hereby designated as the enforcing agency to discharge the responsibility of the township to administer and enforce the [Michigan] State Construction Code and Act.

(Ord. No. C-609, § 1, 6-25-01; Ord. No. C-609-A, § 1, 8-28-06)

A person who violates or fails to comply with any of the provisions of this article shall be issued a municipal civil infraction citation as authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and section 1-10 of the Code of Ordinances. If found responsible, the respondent shall be subject to the penalties provided for Municipal Civil Infractions in section 1-10 of the general penalty provisions of the Code of Ordinances.

(Ord. No. C-609, § 1, 6-25-01; C-841, § 1.A, 2-24-25)

As authorized by the Michigan State Construction Code, the appendices to the Michigan State Construction Code are adopted and shall be enforced within the boundaries of the township.

(Ord. No. C-609-A, § 2, 8-28-06; Ord. C-801, § 1, 2-22-16)

The Federal Emergency Management Agency (FEMA) flood insurance study (FIS) entitled "Flood Insurance Study, Oakland County, Michigan, and Incorporated Areas" and dated September 29, 2006, the flood insurance rate maps (FIRMS) panel numbers of 26125C0477F, 26125C0479F, 26125C0481F, 26125C0482F, 26125C0483F, 26125C0484F, 26125C0487F, 26125C0489F, 26125C0491F, 26125C0492F, 26125C0493F, 26125C0494F, 26125C0501F, 26125C0502F, 26125C0503F, 26125C0504F, 26125C0511F, 26125C0512F, 26125C0513F, 26125C0514F and dated September 29, 2006, are adopted by reference and declared to be part of section 1612.3 of the Michigan Building Code.

(Ord. No. C-609-A, § 2, 8-28-06)

The township shall conduct the review for use permit issuance under state construction code Appendix G, section G105 in accordance with the procedures set forth in chapter 12, article II, sections 12-31 through 12-36 of the West Bloomfield Township Code of Ordinances for the types of proposals set forth within chapter 12, article IV, sections 12-71 through 12-75 which involve construction of improvements in flood hazard prone areas delineated on the flood insurance study (FIS) and flood insurance rate maps (FIRMS) adopted in section 8-5.

The review for permit issuance for all other types of proposals shall be completed administratively by the West Bloomfield Charter Township's Building Department.

(Ord. No. C-609-A, § 2, 8-28-06)

Pursuant to Section 22 of the Stille-DeRossett-Hale Single State Construction Code Act, Public Act No. 230 of 1972, the township board shall establish the fees to be charged for acts and services performed in the administration and enforcement of the Stille-DeRossett-Hale Single State Construction Code Act, Public Act No. 230 of 1972, as amended, and the Michigan State Construction Code, as amended, including, without limitation, issuance of building permits, examination of plans and specifications, inspection of construction undertaken pursuant to a building permit, and the issuance of certificates of use and occupancy, and for hearing appeals by the construction board of appeals. The fees shall be established by resolution adopted by the township board and shall be placed on file and made available at the office of the township clerk.

(Ord. C-801, § 1, 2-22-16)

(a)

Pursuant to Section 23a of the Stille-DeRossett-Hale Single State Construction Code Act, found at MCL 125.1523a, a person who is required to be licensed or registered as a general contractor, residential builder or residential maintenance and alteration contractor; a master, journeyman or apprentice plumber; an electrical contractor or master or journeyman electrician, a fire alarm contractor or fire alarm specialty technician, a sign specialty contractor or sign specialist; or a mechanical contractor shall not perform work on a building or structure within the township unless they have obtained the required licensing or registration.

(b)

Pursuant to the Stille-DeRossett-Hale Single State Construction Code Act, Public Act No. 230 of 1972, as amended, and the Michigan State Construction Code, as amended, which consists of the Michigan Residential Code; the Michigan Building Code; the Michigan Electrical Code; the Michigan Mechanical Code; the Michigan Plumbing Code; as well as the Michigan Uniform Energy Code and the Premanufactured Unit Rules, all persons on worksites within the Township of West Bloomfield must be under the supervision of a licensed general contractor and must also be licensed or registered with the State of Michigan as a residential builder or residential maintenance and alteration contractor; a master, journeyman or apprentice plumber; an electrical contractor or master or journeyman electrician, a fire alarm contractor or fire alarm specialty technician, a sign specialty contractor or sign specialist; or a mechanical contractor.

(c)

Licenses and/or registrations shall be available for inspection upon request by any township official including any code enforcement officer, the plumbing inspector, the building inspector, or any other authorized employee of the township.

(d)

A person who violates or fails to comply with any of the provisions of this division shall be responsible for a municipal civil infraction as authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and section 1-10 of the Code of Ordinances. The penalty for a first violation of this article shall be a fine in the amount of one hundred fifty dollars ($150.00). The penalty for a second violation and each subsequent violation within any two-year period shall be a fine in the amount of three hundred dollars ($300.00).

(Ord. C-801, § 1, 2-22-16; Ord. No. C-801-A, § 2, 2-10-25)

The International Property Maintenance Code, 2015 Edition, as published by the International Code Council, is hereby adopted and incorporated by reference and made a part of this chapter as if fully set forth in this article with the insertions and amendments adopted as set forth in this article. The International Property Maintenance Code, 2015 Edition, is available for inspection at the office of the township clerk.

(Ord. No. 109, § 1, 3-17-80; Ord. No. 109-A, §§ 1, 2, 1-6-86; Ord. No. C-290, § 5, 11-19-90; Ord. No. C-109/290-B, § 1, 12-12-94; Ord. No. 574, § 1, 1-24-2000; Ord. No. C-677, § 1, 5-9-05; Ord. No. C-677-A, § 1, 3-16-09; Ord. No. C-677-B, § 1, 7-19-10; Ord. No. C-801, § 7, 2-22-16)

State Law reference— Authority to adopt technical codes by reference, MCL 42.19.

The following sections of the International Property Maintenance Code, 2015 Edition, are completed by inserting the following information:

101.1 Title. Insert "Charter Township of West Bloomfield."

103.5 Fees. Insert: "As adopted by Resolution of the Charter Township of West Bloomfield Board of Trustees."

112.4 Failure to comply. Insert "$100.00 and $500.00 as the minimum and maximum fines."

302.4 Weeds. Insert: "eight (8) inches."

304.14 Insect Screens. Insert "May 1 to September 30."

602.3 Heat Supply. Insert "September 30 to May 1."

602.4 Occupiable work spaces. Insert: "September 30 to May 1."

(Ord. No. 109, § 2, 3-17-80; Ord. No. 109-A, §§ 1-6-86; Ord. No. C-109/290-B, § 1, 12-12-94; Ord. No. 574, § 1, 1-24-2000; Ord. No. C-677, § 2, 5-9-05; Ord. No. C-677-A, § 1, 3-16-09; Ord. No. C-677-B, § 1, 7-19-10; Ord. No. C-801, § 7, 2-22-16)

The following sections of the International Property Maintenance Code, 2015 Edition, are amended, deleted, and additional sections added as follows:

103.1 General. Amended to read:

The Building Department, Code Enforcement and Fire Department shall constitute the Department of Property Maintenance Inspection, with the personnel in those departments authorized and designated to administer and enforce this code as the code official.

103.2 Appointment. Deleted.

103.3 Deputies. Deleted.

106.3 Prosecution of Violation. Amended to read:

A person who violates or fails to comply with any of the provisions of this article shall be issued a municipal civil infraction citation as authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and section 1-10 of the Code of Ordinances. If found responsible, the respondent shall be subject to the penalties provided for Municipal Civil Infractions in section 1-10 of the general penalty provisions of the Code of Ordinances.

106.6 Enforcement options. Added to read:

In addition to or in lieu of the actions or proceedings authorized in this code, a code official may institute and utilize any other provisions of the West Bloomfield Township Code, when applicable.

106.7 Enforcement cost recovery. Added to read:

The jurisdiction's administrative and legal costs, fees, and expenses that are incurred as a result of an unlawful act in violation of this code shall be a joint and several responsibility of, and be paid to the jurisdiction by the owner of the real estate in violation and such other persons that are responsible for the violation. Costs under this section are in addition to the penalties under Section 106. Payment of penalties and costs shall be secured by a lien upon the real estate in violation, which may be assessed and collected as a delinquent special assessment on the tax rolls as provided by law.

110.5 Application of other ordinances. Added to read:

Demolition notices and orders based on this code may be included in notices, orders, and proceedings under other ordinances of the jurisdiction.

111.2. Membership of the board. Amended to read:

As authorized by Section 14 of the Stille-DeRossett-Hale Single State Construction Code Act, Public Act No. 230 of 1972, the Construction Board of Appeals for the Charter Township of West Bloomfield shall serve as the Board of Appeals as provided by Section 111.

111.2.1 Alternate members. Deleted.

111.4 Open hearing. Amended to read:

Hearings before the Board shall be open to the public. The appellant, the appellant's representative, the code official, and any person whose interests are affected shall be given an opportunity to be heard. Four (4) members of the Board shall constitute a quorum of the Board. The Board of Appeals shall not conduct business unless there is a quorum of the Board present.

111.6 Board decision. Amended to read:

The Board shall modify or reverse the decision of the code official only by the concurring vote of a majority of the members present.

116.6.1 Records and copies. Amended to read:

The decision of the Board shall be recorded in the minutes. A written copy of the decision shall be furnished to the appellant and to the code official.

111.7 Court Review. Amended to read:

A person having the right to appeal to the Board of Appeals as provided by Section 111, shall have a limited right to appeal the decision rendered by the Board of Appeals to the Oakland County Circuit Court in the manner required by law, no later than 21 days after the date of the meeting at which the decision was made. The scope of review on appeal is limited to correction of errors of law by the Board of Appeals.

Sec. 202.1. Additional Definitions. Amended to add:

Accredited mold analysis laboratory shall mean an industry accredited laboratory that performs mold or mold-related analysis on a sample collected to determine the presence, identity, or amount of indoor mold in the sample and that specializes in environmental mycology.

Indoor mold contamination shall mean mold contamination that was not purposely grown or brought into a building and that has the potential to affect the air quality of the building.

Industry certification shall mean certification by either the American Council for Accredited Certification (ACAC), the Institute of Inspection Cleaning and Restoration (IICRC), or the National Association of Mold Professionals (NAMP).

Mold shall mean any living or dead fungi or related parts including spores, hyphae, and mycotoxins.

Mold analysis shall mean the examination of a sample collected during a mold assessment for the purpose of any of the following:

1.

Determining the presence of, the amount of, or the identification of the genus or species of any living or dead mold or related part including spores, hyphae, and mycotoxins present in the sample.

2.

Growing or attempting to grow fungi for any of the purposes listed in subparagraph 1 above.

3.

Determining the presence of or amount of any fungal product including, but not limited to, mycotoxins and fungal volatile organic compounds present in the sample.

Mold assessment shall mean inspection, investigation, or survey of a dwelling or other structure to provide information regarding the presence, identification, or evaluation of mold, or the collection or analysis of a mold sample.

Mold remediation shall mean the treatment of indoor mold contamination at a specified location by demolition, removal, cleaning, sanitizing, or other treatment, and includes preventive measures taken on a remediated area such as applying biocides or anti-microbial compounds.

Mold remediation work plan shall mean a document that provides the scope of work and methods to treat and remediate the indoor mold contamination at a specified location.

Visible shall mean exposed to view; capable of being seen.

Section 305.7. Remediation of Mold in Indoor Environments. Added to read:

305.7.1. Indoor mold contamination. In the event there is indoor mold contamination in a building, it shall be remediated and the underlying moisture problem shall be discovered and corrected to prevent reoccurring mold growth.

305.7.2. Indoor mold areas greater than ten (10) square feet.

a)

Occupational License. If the total visible contiguous area of the indoor mold area exceeds ten (10) square feet, the indoor mold contamination shall be remediated by a contractor licensed by the State of Michigan to perform the type of work specified in the mold remediation plan such as a Residential Builder, a Residential Maintenance and Alteration Contractor or a General Contractor licensed by the State of Michigan, or if required by State law or the applicable code, by a licensed plumbing, electrical, or mechanical contractor.

b)

Permits required. If the remediation requires demolition or building alterations of the structure or parts of the structure, a demolition and/or building permit is required prior to engaging in the remediation of the indoor mold contamination. Prior to issuance of a demolition and/or building permit, a mold assessment report from an industry certified consultant shall be submitted and a written mold remediation work plan shall be provided.

c)

Containment. If the remediation area affects a total surface area of twenty-five (25) contiguous square feet or more for the project, containment measures shall be specified in the mold remediation work plan. The containment specified in the remediation work plan must prevent the spread of mold to areas of the building outside the containment area. If walk-in containment is used, supply and return air vents must be blocked and air pressure within the walk-in containment must be lower than the pressure in building areas adjacent to the containment.

d)

Disinfectants, biocides and antimicrobial coatings. Only those disinfectants, biocides, or antimicrobial coatings that are registered by the United States Environmental Protection Agency (EPA) for the specified use shall be used as part of the indoor mold contamination remediation and only used in conformity with the manufacturer's labeling instructions. A mold remediation work plan shall specify the specific product or brand.

e)

Notice signs. Signs advising that a mold remediation project is in progress shall be displayed at all accessible entrances to remediation areas. The signs shall be at least eight inches (8") by ten inches (10") in size and shall bear the words "NOTICE: Mold remediation project in progress" in black on a yellow background. The text of the signs must be legible from a distance of ten feet (10').

305.7.3. Mold remediation work plan. The mold remediation work plan shall be specific to each remediation project and shall specify:

1.

The rooms or areas where the work will be performed;

2.

The estimated quantities of materials to be cleaned or removed; and

3.

The methods to be used for each type of remediation in each area.

305.7.4. Environmental sampling. Environmental sampling may be required by the Building Official under the following circumstances:

1.

To confirm the presence and type of visually identified indoor mold contamination; or

2.

Where the source of perceived indoor mold contamination cannot be visually identified.

305.7.5. Environmental sampling and data collection. If samples for laboratory analysis are collected:

1.

Environmental sampling shall be conducted by an individual with industry certification as defined herein;

2.

Preservation methods shall be implemented for all samples where necessary;

3.

Proper sample documentation including the sampling method, the sample identification code, each location and material sampled, the date collected, the name of the person who collected the samples, and the project name or number must be recorded for each sample;

4.

Proper chain of custody procedures shall be used;

5.

Samples must be analyzed by a laboratory accredited through the American Industrial Hygiene Association (AIHA) Environmental Microbiology Laboratory Accredited Program (EMLAP), or an accredited mold analysis laboratory as defined herein.

305.7.6. Certification of remediation; Certificate of Occupancy. After completion of a remediation and before a certificate of occupancy may be issued, written documentation shall be submitted to the Building Department certifying that any water leaks were properly repaired, any excessive moisture conditions were corrected, the indoor mold contamination remediated, and preventive measures taken to prevent future mold contamination of a remediated area. The documentation shall include a certification from an industry certified consultant that the indoor mold contamination has been remediated according to the mold remediation work plan for the specific remediation project.

(Ord. No. 109, § 2, 3-17-80; Ord. No. 109-A, § 3, 1-6-86; Ord. No. C-109/290-B, § 2, 12-12-94; Ord. No. 574, § 1, 1-24-2000; Ord. No. C-677, § 3, 5-9-05; Ord. No. C-677-A, § 1, 3-16-09; Ord. No. C-677-B, § 1, 7-19-10; Ord. No. C-801, § 7, 2-22-16; C-841, § 1.B, 2-24-25)

Consistent with the letter and spirit of 1969 P.A. 235 (MCL 257.941 et seq.), as amended, it is the purpose of this article to protect the public health, safety and general welfare of the citizens of the township and to prevent, reduce or eliminate blight or potential blight in the township by the prevention or elimination of certain environmental causes of blight or blighting factors which exist or may in the future exist in, on or about the shopping centers located in the township. By the adoption of this article, the township funds that such regulations are necessary to the public welfare.

(Ord. No. 85, § 1, 4-15-74)

The following words, terms and phrases, when used in this article, shall have meanings respectively ascribed to them in this section:

Parking area: An area near or contiguous to a shopping center and used by the public as the means of access to and egress from the stores and business establishments at the shopping center and for the free parking of motor vehicles of patrons of the shopping center.

Proprietor: Every owner, lessee, tenant or other person having the right to possession of all or a portion of a shopping center. Where there is more than one such person, all shall be jointly and severally obligated by the terms of this article.

Shopping center: A minimum area of three (3) acres of land on which there is located one or more stores or business establishments and where a parking area is provided.

(Ord. No. 85, § 2, 4-15-74)

Cross reference— Definitions and rules of construction generally, § 1-2.

The exteriors of all buildings located in any shopping center shall be maintained so as to present a neat and orderly appearance. Windows shall be glazed, painted surfaces kept properly painted and all other appropriate measures taken to properly maintain the buildings. Where buildings within a shopping center are owned by separate entities, the obligations of this section shall fall only upon those persons responsible for the particular building involved.

(Ord. No. 85, § 3, 4-15-74)

All parking areas shall be provided with pavement having a permanent durable and dustless surface and shall be graded and drained so as to dispose of all surface water accumulated within the area. All cracks, potholes or other breaks in the parking lot surface shall be filled and repaired promptly by the proprietor. The proprietor shall provide for the resurfacing of all parking areas at reasonable intervals. The proprietor shall provide for snow removal services, in order that the parking areas will be reasonably available for use by the public.

(Ord. No. 85, § 4, 4-15-74)

Cross reference— Traffic control in parking areas, § 22-26 et seq.

Proprietors shall keep or cause to be kept the premises of shopping centers, including parking areas and specifically including that part of any highway right-of-way adjoining the premises and not actually used for the travel of motor vehicles, free of junk, trash, rubbish, debris or refuse of any kind. Proprietors shall keep or cause to be kept the premises clean of such debris or refuse at least each day and shall take all reasonable steps to provide containers for discards and to order their employees and encourage the public to use them.

(Ord. No. 85, § 5, 4-15-74)

Cross reference— Garbage and rubbish generally, Ch. 13.

Proprietors shall install and maintain landscaping on all areas of shopping centers not occupied by buildings, sidewalks, parking lots, driveways and similar surfacing. The requirement of landscaping also is specifically applicable to those parts of highway rights-of-way adjoining shopping centers and not actually used for travel purposes. Landscaping shall consist at the minimum of the establishment of a sod or other material to hold the earth and prevent dust and the establishment of noxious weeds. Proprietors shall maintain the landscaping and shall see that all lawns are mowed regularly, shrubs are appropriately trimmed and noxious weeds are eliminated.

(Ord. No. 85, § 6, 4-15-74)

This article shall be enforced by the police department and the building department. In the event of violation the proprietor shall be notified in writing to remove or eliminate the violation within ten (10) days after service of the notice upon him. Such notice may be served personally or by certified mail, return receipt requested. Additional time may be granted by the enforcement officer where bona fide efforts to remove or eliminate the violations are in progress. Such notice shall not be required in repeated cases of the same violation by the same proprietor.

(Ord. No. 85, § 7, 4-15-74)

A person who violates or fails to comply with any of the provisions of this article shall be issued a municipal civil infraction citation as authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and section 1-10 of the Code of Ordinances. If found responsible, the respondent shall be subject to the penalties provided for Municipal Civil Infractions in section 1-10 of the general penalty provisions of the Code of Ordinances.

(Ord. No. 85, § 8, 4-15-74; C-841, § 1.C, 2-24-25)

All buildings or structures which have any or all of the following defects shall be deemed a dangerous or unsafe building:

(1)

Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity of such member falls outside of the middle one-third of its base;

(2)

Those that show damage or deterioration of the support member or members or damage or deterioration of the nonsupporting enclosing or outside walls or covering;

(3)

Those that have been damaged by fire, wind or other causes so as to become dangerous to the occupants thereof or to the people of the township;

(4)

Those that have become or are so dilapidated, decayed, unsafe or unsanitary or which fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or diseases so as to work injury to the health, safety or general welfare of those living therein or those coming in close proximity thereto;

(5)

Those not having adequate light, air, heating and sanitation facilities adequate to protect the health, safety or general welfare of human beings who live or may live therein;

(6)

Those having inadequate facilities for egress in case of fire or panic or having insufficient stairways, fire escapes or other means of access;

(7)

Those that have parts thereof which are so attached that they may fall and injure persons or property;

(8)

Those that because of inadequate electric wiring or heating facilities or because of storage of flammable materials or for any other reason constitute a fire hazard;

(9)

Those that, because of any other causes similar to the above, are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this township;

(10)

Those that are vacant and are not kept securely locked, windows kept glazed or neatly boarded up and otherwise protected to prevent entrance thereof by unauthorized persons;

(11)

Those that are partially completed unless such structure is in the course of construction in accordance with a valid and subsisting building permit issued by the township and unless such construction is completed within a reasonable time.

(Ord. No. 94, § 1, 3-7-77)

Cross reference— Definitions and rules of construction generally, § 1-2.

The following standards shall be used in substance by the director of the building department and the township board in ordering the repair, vacation or demolition of an unsafe or dangerous building or structure:

(1)

If the dangerous or unsafe building can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered repaired.

(2)

If the dangerous or unsafe building is in such condition as to make it dangerous to the health, safety or general welfare of its occupants, it shall be ordered to be vacated.

(3)

If the dangerous or unsafe building is damaged, decayed or deteriorated to such an extent so that the cost of reconstruction or restoration is in excess of fifty (50) percent of its replacement value, exclusive of foundation, it shall be demolished. If a building cannot be repaired so that it will no longer exist in violation of the terms of this article, it shall be demolished. In all cases where a dangerous or unsafe building is a fire hazard existing or erected in violation of the terms of any ordinance of the township or any statute of the state, it shall be demolished.

(Ord. No. 94, § 2, 3-7-77)

The director of the building department shall:

(1)

Examine every building or structure reported as dangerous, unsafe structurally or constituting a fire hazard. He shall cause a report to be filed in a docket of unsafe structures and premises, stating the use of the building, the nature and estimated extent of damages, if any, caused by collapse or failure and such other particulars as may be appropriate;

(2)

Notify in writing the owner, occupant, lessee, mortgagee, land contract vendor or vendee, agent and all other persons having an interest in such building as shown by the records in the office of the county register of deeds of any building or structure found by him to be a dangerous building within the standards set forth in section 8-236, that:

a.

The owner must vacate, repair or demolish the building in accordance with the terms of the notice and this article;

b.

The occupant or lessee must vacate the building or may have it repaired in accordance with the provisions of this article and remain in possession;

c.

The mortgagee, land contract vendor or vendee, agent or other persons having an interest in the building as shown by the record of the register of deeds, may at his own risk, repair, vacate or demolish the building or have such work or act done; provided, that any person notified under this subsection to repair, vacate or demolish any building, shall immediately declare to the building inspector his acceptance or rejection of the terms of the notice; provided further that any person notified under this subsection to repair, vacate or demolish any building or structure shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do, or have done, the work or act required by the notice provided for in this subsection.

(3)

Set forth in the notice provided for in subsection (2) a description of the building or structure deemed unsafe, a statement of the particulars which makes the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this article within such length of time as is reasonable, but not to exceed thirty (30) days;

(4)

Report to the township board, through the township clerk, any noncompliance with the notice provided for in this section;

(5)

Appear at all hearings conducted by the township board and testify as to the condition of dangerous buildings, as required by the township board;

(6)

Place a notice on all dangerous buildings reading as follows:

"This building has been found to be a dangerous building by the director of the building department. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, land contract vendor or vendee or agent of this building and all other persons having an interest in the building as shown by the records in the office of the Register of Deeds for the County of Oakland, Michigan. It is unlawful to remove this notice until such notice is complied with;"

(7)

In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless immediate action is taken with respect to a dangerous building, the building inspector shall report such facts to the township supervisor and the township supervisor shall cause the property to be boarded up, fenced or otherwise made safe pending final action by the township board. The cost of such emergency work shall be collected in the same manner as hereinafter provided.

(Ord. No. 94, § 3, 3-7-77)

(a)

Upon receipt of a report of the director of the building department as provided for in this article, the township clerk or the clerk's official designee shall give written notice to the owner, occupant, mortgagee, lessee, land contract vendor or vendee, agent and all other persons having interest in the building or structure as shown by the records of the county register of deeds to appear before the township board within thirty (30) days, the date to be specified in the notice, to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the director of the building department notice provided for in this article.

(b)

The township board shall hold a hearing on such date and hear such testimony as the building inspector or the owner, occupant, mortgagee, lessee, land contract vendor or vendee or any other persons having an interest in the building as shown by the records shall offer relative to the dangerous building.

(c)

The township board shall make findings of fact from the testimony offered pursuant to this section as to whether or not the building in question is a dangerous building within the terms of section 8-236.

(d)

The township board shall issue an order based upon findings of fact made pursuant herewith commanding the owner, occupant, mortgagee, lessee, land contract vendor or vendee, agent and all other persons having an interest in the building as shown by the records to repair, vacate or demolish any building found to be a dangerous or unsafe building within the terms of this article. Any person having an interest in the unsafe building as shown by the records may demolish the dangerous or unsafe building at his own risk to prevent acquiring a lien by the township against the land upon which the dangerous or unsafe building stands, as hereinafter provided.

(e)

If the owner, occupant, mortgagee, lessee, land contract vendor or vendee fails to comply with the order provided for in subsection (d) within ten (10) days, the township board shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in section 8-237 and shall cause the cost of such repair, vacation or demolition to be charged against the land on which the building exists as a lien and cause such cost to be added to the tax roll as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner; provided, that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, safety and general welfare of the people of this township, the township board may order legal action to force the owner to make all necessary repairs or demolish the building.

(f)

Any such owner, agent or person in charge who is responsible for the neglect and lack of maintenance which results in an order being issued by the township board that such building must be restored to a safe condition or that the building must be demolished, shall be charged with all administrative costs and expenses incurred in the enforcement of this article. Such costs shall include inspection, postal charges, legal expenses and other expenses which are a result of the enforcement of this article, as ascertained by the township clerk. If such costs are not paid by the due date, which due date shall be at last thirty (30) days after the billing date, a late charge of one (1) percent per month will be imposed for each month or portion of a month that the bill is past due; provided, however, the minimum late charge shall be one dollar ($1.00) on any past-due bill.

(g)

All costs assessed against the owner, agent or person in charge may also be assessed against the property on the tax rolls unless otherwise paid by the owner, agent or person in charge. All such costs are independent of any penalties and powers of the township as set forth in other sections of this article, or as stated under the state laws. All such costs due and not paid by September first of each year shall be certified by the township board as delinquent and the township assessor shall assess the sum against the property involved.

(Ord. No. 94, § 4, 3-7-77; Ord. No. 94-A, 12-6-82)

All repair, restoration and demolition work required under the provisions of this article shall require the applicant or responsible party to obtain all permits required by other ordinances of the township, including but not limited to building permits, demolition permits, etc.

(Ord. No. 94, § 5, 3-7-77)

(a)

All notices required by this article shall be given by personal service or by registered or certified mail, return receipt requested, mailed to the last known address of the owner or party in interest.

(b)

In addition, a copy of notices of hearing before the township board shall be published not less than eight (8) days prior to the date of the hearing in a newspaper of general circulation within the township and a copy of the notice of hearing shall be posted in a conspicuous place upon the property involved. No further notice shall be necessary and the mailing, publishing and posting shall be deemed to be service of the notice on the owner or interested party.

(Ord. No. 94, § 6, 3-7-77)

A person who violates or fails to comply with any of the provisions of this article shall be issued a municipal civil infraction citation as authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and section 1-10 of the Code of Ordinances. If found responsible, the respondent shall be subject to the penalties provided for Municipal Civil Infractions in section 1-10 of the general penalty provisions of the Code of Ordinances.

(Ord. No. 94, § 7, 3-7-77; C-841, § 1.D, 2-24-25)

The township board hereby determines that to provide proper police, fire, health, welfare and emergency services, public or private, to residences and businesses, it is necessary to provide for property identification numbers to be visible from the public roadways adjacent to residences and businesses in the township.

(Ord. No. 104, § 1.00, 6-4-79)

For the purposes of this article, the term "property identification number" shall mean the address when available or lot number until address is established for any developed property within the township by the Detroit Edison Company or other recognized authority. When applicable, the term "property identification number" shall also include the letter, Arabic numeral or other means by which buildings located on the same property are identified.

(Ord. No. 104, § 2.00, 6-4-79; Ord. No. C-645, § 1, 4-14-03)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

All property upon which houses, dwellings, buildings, businesses and other such structures are constructed within the township shall be considered developed property and shall have property identification numbers which shall be posted on the face or other appropriate side of the house, dwelling, business or structure in a manner and location so that the identification numbers are clearly readable, to a person of normal vision, from the roadway. If the house, dwelling, business or structure is located on the property so that the posted numbers are not clearly readable from the roadway, due to distance or intervening sight barriers such as, but not limited to, shrubbery, terrain features or structures, the identification number shall also be posted separate from the main structure (i.e. on a yard light post, entrance gate, driveway marker, mailbox, etc.) in a fashion that is clearly readable from the roadway. Such additional identification numbers shall be either located centrally between the side boundaries of the property or located immediately adjacent to the driveways providing ingress to the property, and shall be located on the same side of the roadway as the property it identifies.

(b)

The property identification number shall use Arabic numerals rather than script words for numerals. The property identification number shall not be less than two and three-quarters (2¾) inches in height. If the dwelling, building, business or structure is located more than ninety (90) feet from the center line of the traveled portion of the roadway, the property identification number shall not be less than four (4) inches in height, but in any case the identification shall be of a size sufficiently large so it is readable from the center line of the roadway by a person of normal vision.

(c)

The color of the numbers shall be in contrast with the immediate background on which they are mounted.

(Ord. No. 104, § 3.00, 6-4-79; Ord. No. 104-A, 7-2-79; Ord. No. C-645, § 1, 4-14-03)

All applicants for building permits for new construction of residences or businesses or other such structures shall be required to submit a plan showing the proposed location of their property identification number before any building permit will be issued and compliance with this article shall be a condition precedent to the issuance of a certificate of occupancy.

(Ord. No. 104, § 5.00, 6-4-79)

The owner, occupant, lessee or other person in control of any developed property shall be responsible for identifying the property in compliance with this article.

(Ord. No. 104, § 6.00, 6-4-79)

A person who violates or fails to comply with any of the provisions of this article shall be issued a municipal civil infraction citation as authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and section 1-10 of the Code of Ordinances. If found responsible, the respondent shall be subject to the penalties provided for Municipal Civil Infractions in section 1-10 of the general penalty provisions of the Code of Ordinances.

(Ord. No. 104, § 7.00, 6-4-79; C-841, § 1.E, 2-24-25)

No building or structure of any kind shall be moved from one (1) parcel of property within the township to another, or from outside the township to within the township, or from within the township to a parcel of property outside the township, unless a permit shall have been issued for such move under the provisions of this article.

(Ord. No. 59, § 1, 12-6-67)

Application for a permit to move a building shall be made to the building department and shall be accompanied by a fee as prescribed of resolution of the township board. The application shall contain:

(1)

The name and address of the owner of the building or structure to be moved;

(2)

The name and address of the contractor proposed to do the moving;

(3)

The present location of the building or structure and a description thereof including its exact outside dimensions;

(4)

A description of the lot or parcel to which the building or structure will be moved;

(5)

A certified copy of any building or use restrictions applicable to the property, if the building is to be moved to a parcel of property within the township;

(6)

An accurate map of the proposed route, showing the roads and streets within the township over which the building is to be moved to its ultimate destination and a certification that the building or structure is of such a size that it may be moved over the route without necessitating the destruction or trimming of any trees, the destruction, damage or removal of any fences or other structures or damage to any other property whatsoever;

(7)

The date and time of the proposed move and the length of time the move is expected to take.

(Ord. No. 59, § 2, 12-6-67; Ord. No. 59-A, 12-21-70)

Within ten (10) days after an application for a permit to move a building is filed, the building or structure will be inspected by representatives of the building department, or other persons authorized by the building department to make such inspection, and a report of such inspection shall be filed with the township supervisor within five (5) days after such inspection.

(Ord. No. 59, § 3, 12-6-67)

Within ten (10) days after an application for a permit to move a building is filed, the proposed route will be surveyed by representatives of the police department and a report of such survey, including a description of any specific hazards or problems likely to be encountered during the move and the recommendations of the police department shall be filed with the township supervisor within five (5) days after such survey.

(Ord. No. 59, § 3-A, 12-6-67; Ord. No. 59-A, 12-21-70)

A building moving permit shall be issued for a ninety-day period.

(Ord. No. 59, § 6, 12-6-67)

Where a building is to be moved to a parcel of property within the township, if it appears from the survey report and the application that such building or structure meets all of the requirements of the township building, electrical, plumbing, mechanical and existing structures code ordinances, the requirements of the township zoning ordinance applicable to the property to which the building or structure is to be moved, and the building or use restrictions applicable to the property or, if such building or structure does not meet the requirements of the various ordinances and restrictions referred to above but, in the opinion of the building department can be improved so as to meet such requirements, a permit to move such building or structure shall be issued by the township supervisor provided:

(1)

Application shall first have been made to the building department for applicable permits required under the building, electrical, plumbing, mechanical and existing structures code ordinances, and all fees required by such ordinances are paid;

(2)

A cash bond or bond issued by a corporate surety company licensed to do business in the state is filed with the township guaranteeing that all necessary work in moving such building or structure and relocating it permanently on its new site will be completed within a six-month period from the date of the permit, such bond to be in an amount equal to twice the estimated cost of the necessary improvements as determined by the building department;

(3)

Where the building or structure is to be moved from a parcel within the township, the bond required above shall also guarantee that the site from which the building or structure is to be removed will be placed in a safe condition and that all excavations shall be filled, all debris removed and the property restored to a reasonably presentable appearance within fifteen (15) days from the date the building or structure is moved, the amount of such bond to be increased by an amount equal to twice the estimated cost of the work as determined by the building department.

(Ord. No. 59, § 4, 12-6-67)

Where a building is to be moved from the township to a parcel outside the township, a permit to move such building or structure shall be issued by the township supervisor provided a cash bond or a bond issued by a corporate surety company licensed to do business in the state is filed with the township guaranteeing that the site within the township from which the building or structure is to be removed will be placed in a safe condition and that all excavations shall be filled, all debris removed and the property restored to a reasonably presentable appearance within fifteen (15) days from the date the building or structure is moved, such bond to be in an amount equal to twice the estimated cost of the work as determined by the building department.

(Ord. No. 59, § 5, 12-6-67)

No permit shall be issued under this article unless and until the applicant files with the township an insurance policy or certificate of insurance indicating that the applicant has appropriate insurance in such amounts and for certain coverages as established by resolution of the township board.

(Ord. No. 59, § 5-A, 12-6-67; Ord. No. 59-A, 12-21-70; Ord. No. 59-B, 6-18-84)

A permit issued pursuant to this article shall describe the route which will be taken in connection with the proposed move, which route may be modified by the township supervisor from that proposed in the application based upon the recommendations of the police department. No building or structure shall be moved over any private road within the township without the permission in writing of all property owners whose property abuts that portion of the private road over which the move is proposed to be made. The fact that a permit has been issued by the county road commission shall not relieve the applicant or the moving contractor from the requirements of this section.

(Ord. No. 59, § 5-B, 12-6-67; Ord. No. 59-A, 12-21-70)

At the time of issuance of a permit to move a building, the applicant shall deposit with the township treasurer the sum as prescribed by resolution of the township board in cash, which sum shall be a security to the township for all costs incurred by the township in connection with the supervision of or work required by the moving of the building or structure over the streets and highways of the township. The applicant shall be liable, in addition to any out-of-pocket costs incurred by the township, for the costs for city employees assigned at the rates provided by resolution of the township board.

(Ord. No. 59, § 6-A, 12-6-67; Ord. No. 59-A, 12-21-70)

Before beginning the actual moving of a building, the applicant or contractor shall give notice by telephone to the police department. The department may, in its discretion, assign one (1) or more officers to supervise the moving of the building or structure.

(Ord. No. 59, § 6-B, 12-6-67; Ord. No. 59-A, 12-21-70)

For the purpose of this article, the following words and phrases shall be construed to have the meanings as stated, unless it is apparent from the context that a different meaning is intended:

Adjoining property. All property bordering the site where power spraying is being done or is planned to be done.

Overspray. Any paint or coatings emitted from a machine used for power spraying which does not come in direct contact with the target area and therefor is suspended in the air.

Person. Any individual, firm, corporation, partnership, association or other form of business organization or group.

Power spraying. The application of paint or other similar coatings through the use of a machine or tool which sprays the paint or other coatings through the air.

(Ord. No. 122, § 1, 8-3-87)

(a)

Any person, prior to engaging in power spraying of any outdoor surface of a cumulative area of over two hundred (200) square feet, shall obtain a permit for the Charter Township of West Bloomfield Building Department.

(b)

The issuance of a permit shall require the applicant to submit a cash or surety bond to the building department in the amount of five thousand dollars ($5,000.00). This bond shall be held available for the purpose of providing satisfaction of judgments resulting from damages caused through violation of this article, which judgments have resulted in claims filed against the permit holder with written notice of such claim given to the township within ten (10) days of the alleged violation of this article. In lieu of the bond hereto, proof of liability insurance therefor shall be accepted. If no written claim is filed within ten (10) days of the expiration of the permit, the bond shall be returned to the permit holder. In addition, each applicant shall present proof that notice was sent to all adjoining property owners. Said notice shall contain specific dates on which the power spraying shall occur and a general description indicating the extensiveness of the project.

(Ord. No. 122, § 2, 8-3-87)

(a)

It shall be unlawful for a person to engage in power spraying of any outdoor surface or structure with a cumulative area of over two hundred (200) square feet without first obtaining a permit from the township building department.

(b)

It shall be unlawful for any person to engage in power spraying in such a manner as to allow any visible overspray to enter upon the premises of another, including the air space enveloping the premises of another, without their consent.

(c)

It shall be unlawful for any person to engage in power spraying in such a manner as to cause or allow paint or coating residue to visibly accumulate upon the property of another without their consent, even if this accumulation takes place over an extended period of time.

(Ord. No. 122, § 3, 8-3-87)

A person who violates or fails to comply with any of the provisions of this article shall be issued a municipal civil infraction citation as authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and section 1-10 of the Code of Ordinances. If found responsible, the respondent shall be subject to the penalties provided for Municipal Civil Infractions in section 1-10 of the general penalty provisions of the Code of Ordinances.

(Ord. No. 122, § 4, 8-3-87; C-841, § 1.F, 2-24-25)

Cross reference— General penalty, § 1-10.

The purpose of this article is to ensure that modifications of grades do not result in adverse impact upon properties in and around the township, including, without limitation; drainage problems, building elevation disparities and adverse impacts upon natural resources.

(Ord. No. C-435-B, § 1, 3-3-08)

Authorized public agency (APA) means a state, local, or county agency designated pursuant to section 11 of Act 347 of 1972, MCL 282.111, to enforce soil erosion and sedimentation control requirements with regard to land uses undertaken by it, which shall include the development services department.

Berm means any earthen structure which is created for the purpose of diverting overland water flow or runoff, is a component of a landscaping plan, or provides privacy by screening, or a combination of the above.

Building contractor means the person holding the general contract for the construction of a building or structure. In the event no such person is employed by an owner, then in such cases the owner of the property affected shall be the building contractor.

Building department means the building department of the Charter Township of West Bloomfield.

Development services department means the development services department of the Charter Township of West Bloomfield which shall include the engineering and environmental department of the Charter Township of West Bloomfield.

Development services director means the director of the development services department.

Earth change means a man-made change in the natural cover or topography of the land, including the movement or placement of soil from excavation, construction or land balancing, and cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the waters of the state.

Erosion means the process by which the ground surface, or soil moved or placed on the ground surface, is worn by action of wind, water, gravity or a combination thereof.

Excavation means any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced, or relocated, and also included shall be the conditions resulting therefrom.

Floodplain means the relatively flat area or lowlands adjoining the channel of a watercourse or a body of standing water which has been or may be covered by a 100-year floodwater.

Grading means any stripping, excavating, filling or stockpiling of soils or rock or any combination thereof.

Grading permit means a permit issued by the development services department to alter the topography of a lot or parcel of property.

Grubbing means to disturb the soil by removing the vegetative cover.

Highly erodible soils means those soils which are particularly susceptible to displacement by water or wind, due to either composition, disturbance, or slope.

Landscape contractor means a person, whether licensed or not, who performs any soil movement or placement, excavation, earth removal, planting, or landscape construction or maintenance work for hire.

Major development means any use or development of a parcel requiring a site plan, any land proposed for platting, and any development projects of federal, state, and/or local agencies.

Minor development means the development of a single-family residential lot or development on any parcel not subject to site plan approval under provisions of the township zoning ordinance.

Movement or placement means the depositing of any material, particularly soil, which is transported onto a parcel or relocated on a parcel.

Mulching means the application of plant or other suitable material to surface of the soil to conserve moisture, reduce soil runoff and erosion, and aid in establishing vegetation cover.

Natural ground surface means the existing surface contours and its vegetative cover or that established in previous uses.

Nonerosive velocity means the rate of flow of stormwater runoff which does not erode soils, measured in feet per second.

Owner means the fee title holder, land contract vendee, leasee, tenant of the property and the persons, individually and collectively, entitled to possession of a particular parcel.

Parcel means a tract, lot or plot of land, either platted or unplatted.

Permanent soil erosion control measures means those control measures which are installed or constructed to control soil erosion and which are maintained after completion of the project, including diversion berms or ditches, grasses waterways, or swales, vegetative cover, check dams, retaining walls, etc.

Permit means a permit issued to authorize work to be performed under the provisions of this article.

Person means any natural persons, firm, corporation, partnership, or association.

Runoff means that part of the precipitation which does not percolate into the ground or is not absorbed by vegetation and flows off the land including runoff from snow or ice melt.

Sediment means solid particulate matter, mineral, or organic, that has been deposited in or by water, is in suspension in water is being transported or has been removed from its parcel of origin by the process of soil erosion.

Sedimentation means the deposition of soil.

Service lines mean lines running from distribution or transmission lines or mains for the purpose of directly or indirectly servicing a single or multiple residences or a commercial or industrial building or plant.

Soil means topsoil, subsoil, gravel, rock, stone, earth, or any other mineral of a like nature.

Soil erosion control measures means a structure, facility, barrier, berm, vegetative cover, basin, or other installation designed to control accelerated soil erosion.

Soil erosion control plan means a map and written information for a development or earth change which describes the way in which stormwater runoff and soil erosion will be controlled.

Stabilization means the proper placement, grading, and covering of soil or rock to ensure the resistance to erosion, sliding, or other earth movement.

Staging means dividing a construction site on a parcel into sub-areas, in each which sub-area grading and stabilization are completed before proceeding to the next sub-area.

Stockpiling means the temporary storage of materials, particularly soils, on a parcel.

Stripping means any activity which removes or significantly disturbs the vegetative surface cover including clearing and grubbing operations.

Structure means anything constructed or erected, the use of which required location on the ground or attachment to something having location on the ground.

Swale means a low-lying area with gradual slopes which transports stormwater, either on-site or off-site.

Temporary soil erosion control measures means the interim control measures which are installed or constructed for the control of soil erosion and/or sedimentation until permanent soil erosion control is affected and shall include mulching, silt fencing, straw bales, filter berms, sediment basins or traps, etc.

Township means the Charter Township of West Bloomfield.

Vegetative cover means grasses, shrubs, trees, and other vegetation which hold and stabilize soil.

Watercourse means any natural or man-made waterway or other body of water having well defined banks, a bed, and evidence of the continued occurrence of water. Watercourses include ditches, storm drains, rivers, creeks, streams, lakes, and ponds.

Wetlands means 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.

(Ord. No. C-435-B, § 1, 3-3-08)

It shall be unlawful for any person, owner, or occupant to engage in any earth change activity unless and until the owner of the parcel has applied for and received a grading and drainage permit, where applicable.

(1)

Approval shall be obtained through an application process for permits required by this article.

(2)

Applications for permits required by this article shall be submitted to the development services department on application forms available from the township at no charge.

(3)

This article shall apply and be in force with regard to all parcels, including public and private lands, within the township.

(Ord. No. C-435-B, § 1, 3-3-08)

(a)

No permit shall be required for the following activities:

(1)

Plowing and tilling of land in an agricultural land use.

(2)

Landscaping, gardening, or other minor activity which does not change the natural/existing drainage pattern of the land or parcel.

(3)

Soil test borings to determine soil type and/or stability.

(4)

Percolation test efforts.

(5)

Normal maintenance procedures such as earth or gravel road leveling and minor repairs or alterations to right-of-ways not affecting a wetland or watercourse or natural/existing drainage pattern.

(6)

Pole installation, service lines, and other earth changes of a minor nature, normal maintenance, and emergency repairs.

(7)

Movement or placement of soil which involves less than one hundred (100) cubic yards of soil, provided such a movement or placement does not impede drainage, unreasonably alter the topography in comparison to adjacent properties, is being done on a parcel with an approved site plan, does not cause soil erosion or sedimentation to occur, and is not in violation of other provisions of the West Bloomfield Code of Ordinances.

(8)

Building additions or the assembly of structures less than five hundred (500) total square feet in area.

(9)

Stockpiling of soil and such similar materials for a retail or wholesale dealer of landscaping materials at the site of business where soil erosion or sedimentation does not result.

(10)

Stockpiling of topsoil or other landscaping materials on a parcel which is to be used on that parcel for the purpose of landscaping or otherwise improving soil conditions for the growth of vegetation on a parcel with an approved site plan, and which does not cause soil erosion or sedimentation to occur.

(11)

Logging and mining activities determined in advance by the development services department to be bona fide operations.

(b)

Exemption provided in this section shall not be constructed as exemption from enforcement procedures pursuant to this article for earth changes that produce significant erosion, hazard or sediment problem or which are otherwise regulated under this article. If a dispute arises as to whether an erosion, hazard, or sediment problem is significant, the development services director or his/her designee shall resolve the dispute, in his/her discretion, based upon the specific facts and circumstances.

(Ord. No. C-435-B, § 1, 3-3-08)

Permits are issued on the condition that the township's inspector shall have the right of entry upon the site of an earth change activity at all reasonable times to inspect the activity for compliance with the approved plans and permits, and to investigate any complaints about the work.

(Ord. No. C-435-B, § 1, 3-3-08)

Grading and drainage permits shall not be issued where one (1) or more of the following exists:

(1)

The proposed work would cause hazards to public safety and welfare.

(2)

The work as proposed by the applicant will damage any public or private property, or interfere with any existing drainage course in such a manner as to cause damage to any adjacent property, or result in the deposition of soil, sediment, or debris on any public way or into any waterway, or create an unreasonable hazard to persons or property.

(3)

The grading and drainage permit application is not deemed complete.

(4)

The land area for which the soil movement or placement is proposed is within a 100-year floodplain, wetland, watercourse, natural feature, woodland, fringe area, or other regulated area which requires additional permits from other agencies or the township until such permits are issued by the respective regulatory agency(ies).

(Ord. No. C-435-B, § 1, 3-3-08)

A person who violates or fails to comply with any of the provisions of this article shall be issued a municipal civil infraction citation as authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and section 1-10 of the Code of Ordinances. If found responsible, the respondent shall be subject to the penalties provided for Municipal Civil Infractions in section 1-10 of the general penalty provisions of the Code of Ordinances.

(Ord. No. C-435-B, § 1, 3-3-08; C-841, § 1.G, 2-24-25)

During all development operations, the permittee shall be responsible for the following:

(1)

The prevention of damage to any public utility or service within the limits of movement or placement of soil along any routes of travel equipment.

(2)

The prevention of damage to adjacent property. No person shall cause an earth change activity or the movement or placement of soil so close to the property line of a parcel as to endanger any adjoining public street, sidewalk, alley, or any public or private property without protecting such property from soil erosion and sedimentation, flooding or other damage which might result.

(3)

Carrying out the proposed work in accordance with the approved plans and in compliance with all the requirements of the permits and this article.

(4)

The prompt removal of all soil, miscellaneous debris, and other materials spilled, applied, dumped or otherwise deposited on public streets, highways, sidewalks, or other public thoroughfare during transit to and from the construction site where such spillage constitutes a public nuisance or hazard.

(5)

Ensuring that any sediment caused by accelerated erosion shall be removed from runoff water before it leaves the site of the earth change activity.

(6)

Maintenance and clean out of all sediment basins, traps, or other soil collection facilities as needed to ensure their proper function.

(7)

Ensuring that a copy of the permit is posted and made available for inspection at the site of the earth change.

(8)

Installation of permanent soil erosion control and grade stabilization measures within five (5) days of final grade approval, unless such work is not possible due to seasonal weather conditions.

(9)

When seasonal weather conditions do not permit the installation of permanent soil erosion control and grade stabilization measures, a subsequent thirty-day notice to install the appropriate control measures will be mailed to the permittee when weather conditions become adequate enough to permit the installation.

(Ord. No. C-435-B, § 1, 3-3-08)

(a)

Application for a grading and drainage permit and accompanying plans, as required by this article, shall be submitted to the development services department and approved by the development services department prior to any construction, earth change activity, or other movement or placement of soil for the following improvements:

(1)

New single-family construction or modification of an existing structure of more than five hundred (500) total square feet on the grade floor.

(2)

Multiple, commercial, industrial or condominium construction.

(3)

Transportation facilities, including all public and private streets, highways, railroads, airports, common carrier pipelines and mass transit facilities.

(4)

Mass grading, of more than five hundred (500) square feet.

(5)

Earth change activity involving one hundred (100) cubic yards or more of material.

(6)

Grubbing.

(7)

Stripping of topsoil.

(8)

Service facilities, including, but not limited to, shopping centers and schools.

(9)

Recreational facilities, including but not limited to; parks, campgrounds or trails.

(10)

Utilities, including but not limited to; underground pipelines or cables.

(11)

Oil, gas and mineral wells which are not exempt by law from permit requirements.

(12)

Water impoundments and waterway construction or improvements.

(13)

Construction of inground swimming pools.

(b)

For all improvements listed in subsection (a) above, a building permit shall not be issued until a grading and drainage plan has been submitted to and approved by the development services department.

(c)

Permits shall be approved, disapproved, or required modifications within thirty (30) calendar days of submission of a complete application and plan.

(d)

In all new developments where public utilities and other underground improvements are proposed, a master grading and drainage plan (i.e. a grading and drainage plan for the project which includes the building site in question as well as other building sites and improvements) shall be submitted along with the engineering drawings for the project. These drawings must be reviewed and approved by the development services department prior to issuance of a grading and drainage permit on the site.

(e)

All earth change activities and/or property disturbance regulated under this section shall be conformance with the approved grading and drainage plan, unless deviations have been expressly approved by the development services department.

(Ord. No. C-435-B, § 1, 3-3-08)

The following general grading and drainage requirements shall be applied in the design of the site plan for any new developments:

(1)

Drainage shall be adequately discharged off-site with proper retention.

(2)

No upstream drainage is restricted.

(3)

The development portion of the site in general shall be drained without standing water unless specifically designed for retention and/or detention.

(4)

Elevations representing the brick ledge, finished grade, and all finish floor grade shall be indicated.

(5)

The slopes of any proposed soil movement or placement shall meet abutting property line elevations, provided that a deviation to this requirement may be granted by the development services director or his/her designee in cases of unique characteristics on the site which would require special treatment. Any approval of the deviation shall also provide special treatment to be applied.

(6)

All sump pumps that are not directly connected to an underground storm drainage system must be discharged a minimum of ten (10) feet away from the foundation to a township approved drainage swale, rain garden or other suitable drainage conveyance system.

(7)

Proposed slope and elevation of soil which is moved or placed adjacent to lot corners shall be equal to or lower than existing ground elevations. If the proposed surface elevations must be higher than existing ground surface elevations at adjacent lot corners, on-site grading to contain all surface water may be required, as determined by the development services director or his/her designee.

(8)

The proposed side yard swale elevation between all houses or structures must be a minimum of one and one-half (1½) feet below the lower adjacent building or structure grade.

(9)

Soil shall not be placed or moved on a lot so as to restrict or impede existing surface water drainage across such lots from adjacent properties. When lots have rear-to-front drainage, soil shall not be placed or moved so as to restrict or impede existing surface water drainage swales that should exist around each building or structure.

(10)

For attached side entry garages, the minimum width of driveways shall be twenty-two (22) feet, measured at the face of the garage. All driveways shall be a minimum of two (2) feet from the side property line to allow for a drainage swale. Requirement for a two-foot wide swale may be modified or waived by the development service director or his/her designee if a functional alternative of storm drainage is provided.

(11)

Driveway grade requirements are as follows:

Side entrance slab/pavement area: Minimum two (2) percent slope, maximum four (4) percent slope.

Slope down to road: Minimum two (2) percent slope, maximum ten (10) percent slope.

Reverse drive slope: Minimum two (2) percent slope, maximum seven (7) percent slope.

Minimum and maximum slopes may be modified or waived by the development services director or his/her designee if suitable runoff mitigation systems are designed and provided.

(12)

The following grading requirements shall apply to berms:

a.

No berms shall be placed over any underground public watermain, sanitary sewer, or storm drain, or within designated easements for such facilities. No berm shall be constructed over such easements prior to, or subsequent to, final grade approval.

b.

Violation of this section shall waive the township's responsibility for replacement of the existing grade during and after utility maintenance. In the event the township must service a utility where a berm has been constructed in violation of this ground elevation prior to construction of the berm. Following removal of the berm during service, no substantial landscaping shall be placed over a water main, sanitary sewer or storm drain. Such shall be seeded and mulched.

(13)

A walkout basement not otherwise regulated by the building department under the Michigan Building Code, as amended, for ingress/egress windows or doors below grade shall be allowed if:

a.

The proposed grade extending from the walkout basement is designed to drain to the rear or side yard swale and will not result in standing water conditions and indicates no adverse impact on adjacent properties. The grade located ten (10) feet from a building shall be no less than one-half (½) foot below the proposed finish ground elevation of the building. At no time shall the proposed grade extending from a walkout basement be lower than the surrounding grades within the lot such that it will result in a standing water condition.

b.

For pre-existing buildings, where township consideration is given to allow a walkout basement to remain, where the conditions of subsection (12)a. cannot be met, approval will be subject to:

1.

Construction of an enclosed storm sewer system meeting the minimum requirements of the section 24-180 to convey surface drainage away from the building and adjacent structures shall be required. The design of such system shall be detailed on a grading and drainage plan reviewed and approved by the development services department. At no time shall surface drainage be allowed into a building's footing drain collection system.

2.

The grading and drainage plan indicates no adverse impact on adjacent properties.

3.

Provide the township with a hold harmless agreement acceptable in form to the township attorney.

(Ord. No. C-435-B, § 1, 3-3-08)

(a)

Grading and drainage plans shall be prepared by a licensed, registered civil engineer or licensed, registered surveyor, signed and sealed, and shall conform with the following minimum requirements, with the final sufficiency of such plan to be determined by the development services department. No hand drawn plans shall be accepted:

(1)

A scale of not less than one (1) inch equals thirty (30) feet. Scales of one (1) inch equals twenty (20) feet are preferred.

(2)

Date, north arrow and scale.

(3)

The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.

(4)

The location of all existing and proposed structures on the subject property and all existing structures within fifty (50) feet of the subject property.

(5)

The location of all existing and proposed drives, parking area and easements on the property.

(6)

The location and widths of right-of-way of all abutting streets and any driveway locations across abutting public streets.

(7)

The location of freestanding signs and lighting structures.

(8)

The proposed location and dimensions of any pedestrian sidewalk or bike path.

(9)

Existing ground elevations on a twenty-five-foot by twenty-five-foot grid or by contours at two-foot intervals or other such topographic information satisfactory to the development services department. Include existing ground elevations on adjacent land within fifty (50) feet of the property and existing building, drive, and parking lot elevations, and elevations of any adjacent unusual surface conditions.

(10)

The name, address and telephone number of the engineer responsible for the preparation of the grading and soil erosion control plans.

(11)

Bench mark description and location used for the development, based on United States Geological Survey datum(available at the development services department).

(12)

Proposed brick ledge and walkout grades to be stated in tenths of a foot.

(13)

All zoning setbacks shown and properly labeled.

(14)

All official township wetland, watercourses, 100-year floodplains, and woodlands as accurately depicted on the official township maps, including buffer zones, all which are subject to field inspection after permit application, and all other natural features on the property, including tree lines, etc.

(15)

The proposed method of rear yard drainage.

(16)

All existing and proposed ground grades in tenths of a foot.

(17)

General direction of the rear yard drainage and swales indicated with arrows.

(18)

Additional grades shown under special conditions required by the development services department.

(19)

The location of existing and/or proposed buildings or structures on the property clearly shown, including the dimensions to front, side, and rear property lines. The dimensions from each proposed building or structure to any adjoining building or structure on or within fifty (50) feet of any proposed buildings must be shown.

(20)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this article are being observed.

(21)

The location of all utility leads (water, sanitary, sump pump).

(22)

All proposed retaining walls shall be shown on the grading and soil erosion plan. Calculations by a registered civil engineer shall accompany all retaining walls of thirty (30) inches or greater in height.

(23)

Retaining walls that are forty-two (42) inches or greater in height and are adjacent to driveways, walkways, patios and other such structures shall include a safety railing that is at least thirty-six (36) inches in height with a four-inch maximum width between spindles per Michigan Building Code regulations. All other retaining walls that do not have the above mentioned conditions may not require a safety rail unless deemed appropriate.

(24)

The location of all temporary soil erosion control measures to be installed and maintained until installation of permanent soil erosion control measures at the street, and at all other property lines with an elevation below proposed or existing grades.

(25)

The location of a temporary gravel access drive onto the lot.

(26)

A description of the soils on the subject property.

(27)

Design of any rain garden or bio-swale proposed for the collection of surface drainage. Design should include a cross-section and landscape and planting details.

(28)

If a master grading plan exists for the site, then the proposed grades and drainage patterns must be consistent with the grades and drainage patterns shown on the master grading plan.

(b)

For all approved plats and site plans, the following additional requirements shall apply:

(1)

A timing schedule indicating the anticipated starting and completion dates of the installation of roads and utilities, and the time of exposure of each area prior to completion of effective erosion and sediment control measures.

(2)

A certified statement of the quantity of excavation and fill involved.

(3)

Plans of all drainage provisions, retaining walls, cribbing, planting, erosion control measures, or other temporary or permanent soil erosion control measures to be constructed in connection with, or as part of, the proposed work together with a map showing the drainage area of land tributary to the site and estimated runoff of the area served by any drains.

(4)

Areas of high erosion potential, due either to highly erodible soils or subsoils or steep slopes (greater than a thirty (30) percent slope), and the precautions to be undertaken to protect these areas.

(5)

A program proposal for the maintenance of all erosion and sediment control facilities both during and after construction. Those which are to remain after project completion must include a designation of the party responsible to carry out that maintenance.

(6)

Other information or data as may be required by the township which shall include, but not limited to; data regarding the nature, distribution and supporting ability of existing soils and rock on the site.

(7)

The grading and drainage patterns of the site parcel must be consistent with the stormwater management plans developed, and approved, pursuant to chapter 24, article 6, stormwater management.

(Ord. No. C-435-B, § 1, 3-3-08)

After placement of the foundation and backfilling, a written certification from a licensed, registered surveyor or engineer shall be submitted to the development services department. This certification shall state that the proposed brick ledge elevations and horizontal placement of the foundation are properly set and conform to the approved grading plans. No rough framing shall be placed without receipt and approval of such certification by the development services department. In the event of a failure to comply with this provision, removal or modification of the structure may be required as determined by the development services department based upon a review of all applicable circumstances, including, without limitation; the cause and/or impact of the lack of conformance with the plans.

(Ord. No. C-435-B, § 1, 3-3-08)

(a)

As-built plans shall be submitted to the development services department at least seventy-two (72) hours prior to request for a final grading inspection, indicating all brick ledge elevations, setbacks, lot corner elevations, drainage swales and berms, and marked "AS-BUILT". The as-built plans shall be inspected by the development services department before scheduling a final grade inspection.

(b)

Upon completion of the work in accordance with the approved grading and drainage plan, the owner or developer shall request a final grade approval of the site. Upon receipt of this request, the development services department shall schedule a final grading inspection. If all work has been completed in accordance with the approved plan, the development services department shall notify the building department. A certificate of occupancy shall not be issued without this approval, unless final grading cannot be done due to seasonal weather conditions. In such cases, a temporary certificate of occupancy may be issued for up to six (6) months, if determined appropriate by the building department. If all work has not been completed in accordance with the approved plan, the township shall provide notice of revisions or site modifications which must be made as a condition to approval and an escrow in an amount equal to all remaining work must be submitted to the township.

(c)

No significant change to the grade and drainage pattern shall be made after receiving final grade approval, unless specifically authorized by the development services department. Violation of this provision is subject to penalties described in section 1-10 of this Code.

(d)

No final grading will be approved if temporary soil erosion measures are not in place unless permanent stabilization is provided.

(e)

The township reserves the right to hire an independent surveyor to perform foundation certification and/or final grade as-built when deemed appropriate.

(Ord. No. C-435-B, § 1, 3-3-08)

(a)

For all residential construction, a nonrefundable grading and drainage permit fee shall be submitted with four (4) sets of grading and drainage plans when applying for a grading and drainage permit and for each substantial revision. Grading and drainage permit fees shall be adopted by resolution of the township board.

(b)

Soil erosion control and grading and drainage inspections will be done as needed at no cost to the applicant. However, failure to maintain, repair, install, or otherwise provide for adequate soil erosion protection measures to remain on the site or to grade the site as approved results in additional inspections which will result in an additional inspection fee for each additional inspection necessary to insure that adequate soil erosion, sedimentation and grade protection measures remain on the site.

(c)

All reinspection fees will be due and payable thirty (30) days after billing, or if a certificate of occupancy is to be issued, prior to the issuance of the certificate of occupancy.

(d)

Permit fees for all residential construction, reinspection plats, site plans, commercial, industrial, and all other nonresidential construction projects shall be set by duly published resolution of the township board.

(Ord. No. C-435-B, § 1, 3-3-08)

If the township determines that a parcel of land in violation of this article, it may seek to enforce this article by notifying the person who owns the land, by certified mail, with return receipt requested, of its determination. The notice shall contain a description of specific grading and drainage measures which, if implemented by the landowner, would bring the landowner into compliance with this article.

(Ord. No. C-435-B, § 1, 3-3-08)

The purpose of this article is to help protect the health, safety, and welfare of the citizens of West Bloomfield Township by preventing blight, protecting property values and neighborhood integrity, avoiding the creation and maintenance of nuisances, and ensuring safe and sanitary maintenance of dwellings, and commercial and industrial buildings. Vacant properties have a negative impact on surrounding properties and neighborhoods. There is an increased instance of unsecure or open doors and windows, broken water pipes, theft of metals and other materials, overgrowth of grass, weeds, shrubs and bushes, illegal dumping, and vermin activity at vacant structures. Such neglect devalues properties and causes deterioration in neighborhoods and commercial areas. Further, it is important for the township to be able to contact owners of vacant properties for fire safety and police purposes.

(Ord. No. C-735-B, § 1, 8-14-23)

The provisions of this article shall apply to all residential, commercial, and industrial structures.

(Ord. No. C-735-B, § 1, 8-14-23)

For purposes of this article, certain words and phrases are defined as follows:

Building means a structure with a roof supported by columns or walls to serve as a shelter or enclosure.

Commercial structure means a structure or building used primarily for commercial activities. Evidence of vacancy means any condition that on its own or combined with other conditions present would lead a reasonable person to believe the property is vacant. Such conditions include, but are not limited to, no one living or occupying the building for a reasonable period of time, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk and/or debris, broken or boarded up windows, abandoned vehicles, auto parts or materials, the absence of window coverings, such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with habitation or occupation, statements by neighbors, passersby, delivery agents or government employees that the property is vacant.

Foreclosure means the process by which a mortgage is enforced against a parcel of real property through sale or offering for sale to satisfy the debt of the trustor (borrower).

Mortgage means a recorded lien or interest in real property to secure payment of a loan.

Owner means an individual, co-partnership, association, coloration, company, fiduciary, or other person or legal entity having a legal or equitable title or any interest in any real property.

Structure means anything constructed or erected, the use of which requires location on or attachment to the ground and includes buildings.

Trustee means a person, firm, or corporation holding a mortgage on a property.

Trustor means a borrower under a mortgage who grants a lien or interest in property to a trustee as security for the payment of a debt.

Vacant property means a parcel with at least one (1) building or structure that is not currently use d or occupied. Property shall also be deemed vacant if any of the following criteria apply:

1.

Provides a location for loitering, vagrancy, unauthorized entry, or other criminal activity.

2.

Has one (1) or more broken or boarded windows.

3.

Has taxes in arrears for a period of time exceeding three hundred sixty-five (365) days;

4.

Has utilities disconnected or not in use;

5.

Is not maintained in compliance with this Code including, without limitation, the current version of the International Property Maintenance Code, Building and Building Regulations of chapter 8, the anti-blight regulations in article II of chapter 10, the Fire Prevention Code in article III of chapter 11 and the solid waste regulations in chapter 13, as those codes may be amended from time to time.

(Ord. No. C-735-B, § 1, 8-14-23)

1.

The owner of a vacant property in the township shall be responsible for registering that property with the code enforcement department by registering the property in accordance with department policy and meeting all fee requirements set forth in this section.

2.

A vacant residential property shall be registered with the township within thirty (30) days of the vacancy.

3.

A vacant commercial structure shall be registered within thirty (30) days of the vacancy.

(Ord. No. C-735-B, § 1, 8-14-23)

Owners shall register their vacant property by submitting a registration application, which shall include the following information:

1.

The name of the owner of the property.

2.

A mailing address where mail may be sent that will be acknowledged as received by the owner. If certified mail/return receipt requested is sent to the address and the mail is returned marked "refused" or "unclaimed," or if ordinary mail sent to the address is returned for whatever reason, then such occurrence shall be prima facie proof that the owner has failed to comply with this requirement.

3.

The name of an individual or legal entity responsible for the care and control of the property. Such individual may be the owner, if the owner is an individual, or may be someone other than the owner with whom he/she has contracted.

4.

A current address, telephone number, and email address where communications may be sent that will be acknowledged as received by the individual responsible for the care and control of the property. If certified mail/return receipt requested is sent to the address and the mail is returned marked "refused" or "unclaimed," or if ordinary mail sent to the address is returned for whatever reason, then such occurrence shall be prima facie proof that the owner has failed to comply with this requirement.

(Ord. No. C-735-B, § 1, 8-14-23)

All fees applicable to this article shall be set by resolution of the township board. Registration and inspection fees shall be paid at the time of submitting the registration application. There shall also be a fee for the filing of any additional or new owner's affidavit, with such fee being set by resolution of the township board. For properties that are not registered within the required time, a late fee shall be charged to cover the added cost of the township's expenses in having to determine ownership. The payment of all fees required under this article may be secured by a lien against the property which may be placed on the tax roll for collection in the same manner and subject to the same interest and penalties applicable to delinquent special assessments.

(Ord. No. C-735-B, § 1, 8-14-23)

If at any time the information contained in the registration application is no longer valid, the property owner has ten (10) days to file a new registration application containing current information. There shall be no fee to update a registered owner's current information.

(Ord. No. C-735-B, § 1, 8-14-23)

1.

Owner(s) are responsible for immediately obtaining and paying for the township's safety and maintenance inspection of the building and property., obtaining necessary permits, making required repairs and obtaining inspections from the township annually thereafter until the building is lawfully re-occupied. The owner(s) of the property shall be responsible to ensure the buildings or structures are safe, secure, and well maintained in a manner consistent with most recent edition of the International Property Maintenance Code as adopted and amended from time to time in article VII of chapter 8 of this Code. No re-occupancy will be allowed until all violations are cured and code requirements are met.

2.

Regular inspections under this article shall be of the exterior of the building, including any accessory structures along with the entire outdoor premises. The interior of a building or structure shall only be subject to regular inspections under this article if one (1) or more of the following conditions have been reported to the township or been identified by an exterior inspection as possibly existing:

a)

The building or structure, or a part thereof is dangerous, unsafe, unfit for human occupancy, unlawful, or that include unsafe equipment, as defined and regulated under the International Property Maintenance Code administered and enforced under article VII of chapter 8 of this Code.

b)

A violation of any maintenance standard in the International Property Maintenance Code of article VII of chapter 8 of this Code that may allow rain, moisture, surface or roof drainage or animals to enter the interior walls of the building or structure.

c)

The building or structure or a part thereof has an unsafe condition as defined in the Fire Prevention Code administered and enforced under article III of chapter 11 of this Code.

d)

Multiple or recurring violations of the inspection and maintenance guidelines under this article.

e)

If a zoning violation is suspected or observed on the property.

(Ord. No. C-735-B, § 1, 8-14-23)

All owners are responsible for compliance with the requirements of this section, which applies to all vacant property from the time of vacancy, including the time between vacancy and when registration is required.

1.

Property shall be kept free from weeds, grass more than eight (8) inches high, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state or local law, discarded items, including, but not limited to, furniture, clothing, large and small appliances, printed material, signage, containers, equipment, construction materials or any other items that give the appearance that the property is abandoned.

2.

Property shall be maintained free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure.

3.

All visible front and side yards shall be landscaped and properly maintained. Landscaping includes, but is not limited to, grass, ground covers, bushes, trees, shrubs, hedges or similar plantings. Maintenance includes, but is not limited to, regular watering, irrigation, cutting, pruning and mowing of required landscaping and removal of all trimming.

4.

Pools, spas and other water features shall be kept in working order so that the water remains clear and free of pollutants and debris or drained and kept dry and free of debris. In either case, properties with pools and/or spas must comply with the minimum security fencing and barrier requirements of applicable construction, building and property maintenance codes and ordinances.

5.

Property shall be maintained in a secure manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, the closure and locking of windows, doors, gates and any other opening of such size that may allow a child to access the interior of the property and/or structures. Broken windows must be repaired or replaced within fourteen (14) days. Boarding up of open or broken windows is prohibited except as a temporary measure.

6.

Owners shall inspect or cause the inspection of vacant property on a weekly basis to verify compliance with this section and other applicable laws. If the property is owned by a person other than an individual and/or the owner is located more than thirty (30) miles away, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section and any other applicable laws are being met. The property shall be posted with the name and twenty-four-hour contact telephone number of a property management company located within thirty (30) miles of the subject property. It shall include the company name and twenty-four-hour contact number, and the words: "THIS PROPERTY MANAGED BY AND TO REPORT PROBLEMS OR CONCERNS CALL." The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street or secured to the exterior of the building structure facing the street to the front of the property so that it is visible from the street, or, if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property, but not readily accessible to vandals. The local property management company shall inspect the property at least on a weekly basis to determine if the property follows the requirements of this section, shall create and maintain a written record of the inspections and provide written notice to the owner, any person registered as responsible for the care and control of the property and the township of any areas of noncompliance.

(Ord. No. C-735-B, § 1, 8-14-23)

If a building is fire damaged, the owner has ninety (90) days from the date of the fire to apply for a permit to start repair or demolition. Additional ninety-day (90) extensions may be granted by the building department.

(Ord. No. C-735-B, § 1, 8-14-23)

If the owner has failed to secure a property and it has been secured by the township, the township and/or its contracted agent, may enter or re-enter the structure to conduct necessary inspections to assure compliance with the requirements of this Code and to determine if there are emergency or hazardous health and safety conditions in existence.

(Ord. No. C-735-B, § 1, 8-14-23)

A vacant or unoccupied building or structure on vacant property shall not be re-occupied until any outstanding violations have been corrected and all code requirements have been met, including any outstanding costs, assessments and/or liens owed to the township have been paid in full.

(Ord. No. C-735-B, § 1, 8-14-23)

1.

A violation of this article is a municipal civil infraction subjecting persons found responsible for violations to the fines in subsection 8-424(b) plus costs and to the sanctions, remedies, and procedures as set forth in section 1-10 of this Code, with the provision that each day is a separate offense specifically applicable to all violations of this article.

2.

The fine for a first offense of failure to obtain an annual inspection, failure to file the required affidavit or failure to maintain the affidavit containing current information shall be one hundred dollars ($100.00). The fine for all other violations shall be in an amount not to exceed five hundred dollars ($500.00).

(C-841, § 1.I, 2-24-25)

a)

The purpose of this article is to protect the health, safety and welfare of township residents and citizens by promoting and maintaining healthy, safe, and sanitary conditions in residential rental dwelling units.

b)

The township recognizes a compelling interest in establishing standards for the maintenance of sanitary and safe residential rental dwelling units within the township which will provide, enhance, and promote the continued maintenance of healthy, safe, sanitary, and quality living conditions for occupants and neighbors; the maintenance of property values of nearby properties; and the reduction and elimination of blight, zoning violations, and other deleterious factors affecting neighborhoods and the quality of life within the township.

c)

In order to protect the public health, safety, and welfare of the community and to preserve the residential character of residential neighborhoods, the township finds it necessary to distinguish between residential rental of dwelling units which is for a period of thirty (30) consecutive days or more and commercial short-term rental of dwelling units for a period less than thirty (30) days for transient guest rental.

d)

The township finds that the transient nature of short-term rentals leads to neighborhood complaints of excessive noise, disorderly conduct, and traffic and parking issues that are recognized as having serious deleterious effects upon one-family and multiple-family neighborhood areas, as well as the community. As such, this article is not intended, and does not permit short-term rentals of any residential property within the township.

(Ord. No. C-746-D, § 1, 8-14-23)

a.

The provisions of this article shall apply to any residential rental unit which is offered for occupancy by persons other than the owner pursuant to any oral or written rental or lease agreement or arrangement for a period of thirty (30) consecutive days or more.

b.

The rental of any residential dwelling unit which is occupied or is offered for occupancy by persons other than the owner pursuant to any oral or written rental agreement, or lease agreement for a period less than thirty (30) days, also known as a short-term rental, is considered a commercial use, and is not permitted under this article.

(Ord. No. C-746-D, § 1, 8-14-23)

For purposes of this article, the following words and phrases have the meanings indicated:

Building means a structure with a roof supported by columns or walls to serve as a shelter or enclosure.

Certificate of compliance means a certificate issued by the code enforcement director which certifies compliance with this article, and all other applicable codes.

Code official means a building inspector, the code enforcement director, code enforcement officer, and other township employees designated and legally authorized to administer and enforce this article.

Dwelling unit means a building or one (1) or more rooms in a building or portion thereof that provides independent living areas and facilities for one (1) or more persons. A dwelling unit includes individual apartments, detached, and attached single-family dwellings, attached, and detached condominium units, and each dwelling in a two-family or multiple-family building.

Inspection guidelines means the guidelines to be used by the code enforcement officer in conducting inspections under this article, setting forth the minimum requirements for residential rental units.

Lease means a written or oral agreement or other arrangement for the use and occupancy of a residential rental unit by one (1) or more persons that are not an owner.

Multiple-family building means a building containing more than one (1) dwelling unit.

Occupants means tenants, lessees and/or persons residing in or occupying a residential rental unit.

Owner means any person or agent or other entity having a legal or equitable ownership interest in a residential rental unit.

Rent or rented means to provide for or offer possession or occupancy of a dwelling unit pursuant to any oral or written rental agreement, lease agreement, or other arrangement to a person(s) who is not the owner for a period during which the owner does not reside or occupy the dwelling unit.

Residential rental unit means anyone-family or multiple-family residential dwelling unit that is rented or available for rent for a period of thirty (30) consecutive days or more during which the owner does not reside or occupy the residential rental unit. This definition does not include structures licensed and inspected by the state.

Structure means anything constructed or erected the use of which requires location on or attachment to the ground and includes buildings.

Tenant means a person who rents or subleases a residential rental unit.

(Ord. No. C-746-D, § 1, 8-14-23)

Owners shall register residential rental units with the code enforcement department as provided in this section before it is offered for rent or occupied by a person other than an owner.

a.

Registration shall be on a form provided by the code enforcement department. Required information shall include the name, address, and telephone number of the owner and, if applicable, any property manager or management company.

b.

For each individual owner a driver's license number or a State of Michigan Identification number must be provided. The form must be signed by all owners.

c.

If an owner is a business entity other than an individual, the names, addresses and telephone numbers of corporation officers, partners, members, and managers as applicable to the form of organization shall be listed. If such business entity has no substantial assets other than the dwelling unit to be registered and is controlled in whole or in part by one (1) or more other business entities, then the name, address and telephone numbers of those entities and their officers, partners, members, and managers shall be listed.

d.

If the owner is located more than thirty (30) miles from the rental property, a local property manager must be located within thirty (30) miles of the subject property and is responsible for the provisions of this article. The property manager must provide the township with a copy of their driver's license.

e.

All changes to the information required in this section must be provided to the code enforcement department in writing within thirty (30) days of the change.

(Ord. No. C-746-D, § 1, 8-14-23)

Persons shall not occupy, and owners shall not rent or allow occupancy, of a residential rental unit unless a certificate of compliance has been applied for and issued for the residential rental unit.

(Ord. No. C-746-D, § 1, 8-14-23)

A certificate of compliance shall be issued for a residential rental unit only after:

a.

An inspection of the residential rental unit and the premises upon which it is located by the code official verifies that no violations of the zoning ordinance or inspection guidelines described in 8-420 are occurring on the property.

b.

All registration, inspection, and other applicable fees have been paid.

c.

The unit has been registered and all registration information is current as provided in section 8-413.

(Ord. No. C-746-D, § 1, 8-14-23)

A certificate of compliance shall be valid for a period of three (3) years from the date of application, at which time the preceding certificate expires and must be renewed. If, for any reason, an owner refuses to permit the code official to enter and inspect the premises, the certificate of compliance shall be revoked. Further, the code official may revoke a certificate of compliance if an inspection reveals violations of this article, the zoning ordinance, or any other ordinance of West Bloomfield Township.

(Ord. No. C-746-D, § 1, 8-14-23)

The code official is authorized to issue a temporary certificate of compliance for a residential rental unit that can be occupied safely, provided that all fees have been paid and current registration information has been provided. The temporary certificate shall identify any remaining violations and include the time periods for correction and during which it is valid. A failure to correct a violation within the time specified shall result in revocation of the temporary certificate, an order for the unit to be vacated, and shall constitute a violation of this article.

(Ord. No. C-746-D, § 1, 8-14-23)

a.

The frequency of residential rental unit inspections under this article shall be every three (3) years unless code enforcement receives a report of a violation on the property.

b.

Vacant residential rental units shall be inspected every thirty (30) days to verify maintenance in compliance with this article. A residential rental unit which remains unoccupied for sixty (60) days shall be registered as vacant property with the township. See article XVI.

c.

Residential rental units may be inspected any time there is a complaint or other indication of a violation of this article.

(Ord. No. C-746-D, § 1, 8-14-23)

(a)

Regular inspections.

1.

The code enforcement department shall mail the registered owner or property manager a notice of the date and time for all inspections and the fees that must be paid before the inspection.

2.

This notice shall be sent to the registered owner or property manager thirty (30) days before the regular inspection is to take place. Once a date and time for a regular inspection has been scheduled, the owner or property manager shall:

i.

Notify each tenant of the date and time when the inspection is scheduled to occur. This notice shall be delivered by mail and posting at an entry door of the residential rental unit at least twenty-one (21) calendar days prior to the date of the scheduled inspection.

ii.

On the date and time for inspection, provide the code official with access to the residential rental unit.

3.

An owner or property manager may request that an inspection be rescheduled for just cause. Whether an inspection is rescheduled or not is within the discretion of the code enforcement department.

4.

If the owner fails to follow the provisions of this section, or otherwise prevents the township from conducting an inspection of the unit, the certificate of compliance shall be revoked, and the owner shall be liable for a civil infraction.

(b)

Special inspections. If the code enforcement department receives a complaint or report of a violation occurring on the property, a code official shall be dispatched to the property. If an interior inspection is required, one shall be requested. If the code official is denied access to the property that denial shall be a civil infraction.

(Ord. No. C-746-D, § 1, 8-14-23)

(a)

The department head shall maintain a list of inspection guidelines. The inspection guidelines shall be based on this article, applicable codes, and ordinance requirements.

(b)

Residential rental units and the premises upon which they are located shall be maintained in a manner consistent with the criteria set forth in the most recent edition of the International Property Maintenance Code as adopted and amended from time to time in article VII of chapter 8 of this Code, the zoning ordinance, and other township ordinances.

(c)

Regular inspections under this article shall be of the exterior of the residential rental unit.

(d)

The interior of residential rental units shall only be subject to inspections under this article if one (1) or more of the following conditions have been reported to the township or been identified by an exterior inspection as possibly existing:

(1)

The residential rental unit is, or is in a structure that is unsafe, unfit for human occupancy, unlawful, dangerous, or that includes unsafe equipment as defined and regulated under the International Property Maintenance Code administered and enforced under article VII of chapter 8 of this Code.

(2)

The residential rental unit is, or is in or part of, a dangerous or unsafe building as defined in the International Property Maintenance code as administered and enforced article IX of chapter 8 of this Code.

(3)

A violation of any maintenance standard in the Property Maintenance Code in article VII of chapter 8 of this Code that may allow rain, moisture, surface or roof drainage or animals to enter the interior walls, structure or living space of the residential rental unit or structure it is in or part of.

(4)

The residential rental unit is, or is in or part of, a structure that includes an unsafe condition as defined in the Fire Prevention Code administered and enforced under article III of chapter 11 of this Code.

(5)

Multiple or recurring violations of the inspection and maintenance guidelines under this article, the zoning ordinance, or any other township regulation.

(Ord. No. C-746-D, § 1, 8-14-23)

(a)

Transfer. The code enforcement department shall transfer a certificate of compliance to a new owner when the new owner supplies the registration information required by section 8-413.

(b)

Termination. Upon receipt of a written notice and documentation of a sale or transfer of a residential rental unit to a new owner that will occupy the entire unit with no portions rented, the code enforcement department shall terminate any certificate of compliance and remove the unit from the residential rental unit registry.

(Ord. No. C-746-D, § 1, 8-14-23)

The owner of the property shall be responsible for payment of the registration, inspection and other fees involved in the administration and enforcement of this article, which shall be established by resolution by the township board and be on file with both the clerk's department and the code enforcement department.

(Ord. No. C-746-D, § 1, 8-14-23)

(a)

All required fees shall be paid before commencement of regular inspections.

(b)

If for any reason, fees that are due and payable under this article are not paid, a statement of the fees shall be mailed to the owner. Any such unpaid fees shall become a lien on the property, and if not paid within thirty (30) days of the mailing, may be added to the tax rolls for collection in the same manner and subject to the same interest and penalties applicable to delinquent special assessments.

(Ord. No. C-746-D, § 1, 8-14-23)

(a)

A violation of this article is a municipal civil infraction subjecting persons found responsible for violations to the fines in subsection 8-424(b) plus costs and to the sanctions, remedies, and procedures as set forth in section 1-10 of this Code, with the provision that each day the violation exists is a separate offense specifically applicable to all violations of this article.

(b)

The fine for a first offense of failure to obtain an inspection, failure to file the required registration, or failure to maintain the registration containing current information shall be one hundred dollars ($100.00). The fine for all other violations shall be in an amount not to exceed five hundred dollars ($500.00).

(Ord. No. C-746-D, § 1, 8-14-23; C-841, § 1.J, 2-24-25)

(a)

Newly constructed multiple-family buildings shall be considered as registered for purposes of this article upon the issuance of a full certificate of occupancy for the building and shall be exempt from the regular inspections described in subsection 8-418(a) for a period of six (6) years from the date that certificate is issued.

(b)

Newly constructed single-family detached residential rental unit buildings that are registered as required in this article shall be exempt from the regular inspections described in subsection 8-418(a) that would otherwise be required, during the six (6) year period after the issuance of the full certificate of occupancy for that building.

(c)

Multiple-family buildings that are inspected by the U.S. Department of Housing and Urban Development under the real estate assessment center inspection process, or by other government agencies, shall be exempted from the code official inspection required by section 8-415 and regular inspections required by section 8-418 upon a copy of the written inspection report being filed with the code enforcement department and a code official determination that the filed report confirms compliance with the inspection guidelines under this article.

(d)

Multiple-family buildings used exclusively for elderly housing provided by a lawfully recognized and documented charitable, nonprofit organization, may be exempted from the code official inspection required by section 8-415 and regular inspections required by section 8-418 by filing an application, written disclosure and agreement with the code enforcement department of the scope, frequency and inspection agency that performs regular inspections of the building and to have that inspection agency provide copies of all such reports to the code enforcement department. The code enforcement director shall grant the exemption request if the scope and frequency of inspections is not in conflict with this article and the inspection agency is approved under the guidelines on such approval provided by the building and property maintenance codes administered and enforced under chapter 8 of this Code. Notice of the decision on an exemption application shall be given to the applicant in writing and shall include the reasons for any denial. An exemption under this subsection may be revoked by written notice if the approved inspection agency does not provide a copy of an inspection report to the code enforcement department, or if such a report that is provided conflicts with or does not adequately confirm substantial compliance with the inspection guidelines under this article.

(Ord. No. C-746-D, § 1, 8-14-23)

This article is adopted under the authority granted by Part 91, Soil Erosion and Sedimentation Control of the Natural Resources and Environmental Protection Act, 1994, P.A. 451, as amended, MCL 324.9101 et seq., as amended, and by virtue of the power vested in the township under existing statutes including the Charter Township Act, P.A. 359 of 1947, MCL 42.1 et seq., as amended for the purpose of controlling erosion and to protect the waters of the township and state from sedimentation, along with penalties for the violation of such regulations. The provisions of this article shall be void to the extent that it makes lawful that which is unlawful under the aforementioned statutes in this section. In cases where this article is more restrictive than the aforementioned statutes in this section and the rules promulgated pursuant to Part 91, the township shall notify a person receiving a permit under this article that the article is more restrictive. This article incorporates by reference the Rules promulgated pursuant to Part 91 to the extent that this article is not more restrictive. This section and any revisions to it are subject to approval by the appropriate agency.

(Ord. No. C-721, § 1, 3-3-08)

(a)

The primary purpose of Part 91 of the Natural Resources and Environmental Protection Act, MCL 324.9101, et. seq., as amended, is to achieve effective and reasonable control of accelerated soil erosion by requiring persons who own or possess land on which an earth change has been made that may result in or contribute to soil erosion or sedimentation of the waters of the state and wetlands to implement and maintain soil erosion and sedimentation control measures that will effectively reduce soil erosion or sedimentation from the land on which the earth change has been made and require compliance with applicable best management practices, in particular those relating to sedimentation control structures.

(b)

This is to be accomplished by using the best practical combination of procedures, techniques and people to prevent sediment, the product of accelerated soil erosion, from leaving the construction site and reaching the waters of the state and wetlands. This is to be accomplished by the enforcement of soil erosion and sediment control programs by the MEA. The primary objectives of the MEA programs and this article are as follows:

(1)

To protect lakes, streams, rivers, wetlands and watercourses from unnecessary degradation due to soil erosion and sedimentation;

(2)

To preserve high quality water essential to the health of our natural environment;

(3)

To protect vital land resources from soil erosion and sedimentation; and

(4)

To protect the public health, safety and welfare of the people and land and to prevent flooding and damage to infrastructure and property as a result of movement of soils, soil erosion and sedimentation.

(Ord. No. C-721, § 1, 3-3-08)

The terms defined in Part 91, Soil Erosion and Sedimentation Control of the Natural Resources and Protection Act, MCL 324.9101 et seq., as amended and the terms defined in the administrative rules promulgated thereunder, have the same meanings when used in this article unless the meanings ascribed to them in this section differ. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicated a different meaning:

Accelerated soil erosion means the increased loss of the land surface that occurs as a result of human activities.

Acceptable operating erosion and sediment control program means the activities of a county or local enforcing agency or authorized public agency that are conducted in accordance with these rules and Part 91 regarding staff training, developing and reviewing plans, issuing permits, conducting inspections, and initiating compliance and enforcement actions to effectively minimize erosion and offsite sedimentation.

Agricultural practices means all land farming operations except the plowing or tilling of land for the purpose of crop production or the harvesting of crops.

Authorized public agency means a state agency or an agency of a local unit of government authorized under Part 91, section 9110, to implement soil erosion and sedimentation control procedures with regard to earth changes taken by it.

Berm means any earthen structure which is created for the purpose of diverting overland water flow or runoff, is a component of a landscaping plan or provided privacy by screening, or a combination of the above.

Best management practices (BMP) means any structural, vegetative or managerial practice used to treat, prevent or reduce water pollution approved by the development services department. Such practices include temporary seeding on exposed soils, detention and retention basins, for stormwater control, and scheduling the implementation of all BMP's to ensure their effectiveness.

Conservation district means a conservation district authorized under Part 91 of the Natural Resources and Environmental Protection Act.

Consultant means either of the following:

(1)

An individual who has a current certificate of training under section 9123 of Part 91; or

(2)

A person who employs one (1) or more individuals who have current certificates of training under section 9123 of Part 91.

Critical areas means any area difficult to stabilize with vegetation once the area is graded and the existing vegetation removed. Typical critical areas would be infertile subsoils, droughty soils, areas of concentrated flow, heavy traffic areas, and long or steep slopes.

Designated agent means a person who has written authorization from the landowner to sign the application and secure a permit in the landowner's name.

Department means the department of environmental quality.

Development services department means the development services department of West Bloomfield which shall include the engineering and environmental departments of the township.

Development services director means the director of the development services department.

Earth change means a human-made change in the natural cover to 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.

Excavation means any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated and the conditions resulting thereof.

Floodplain means the relatively flat area or lowlands adjoining the channel of a watercourse or a body of standing water which has been or may be covered by a 100-year floodwater.

Gardening means activities necessary to the growing of plants for personal use, consumption, or enjoyment.

Grading means any stripping, excavating, fill or stockpiling of soils or any combination thereof.

Grubbing means to disturb the soil by removing the vegetative cover.

Infrastructure means streets, sidewalks, sewers, stormwater retention facilities, or any other public utility or public good.

Lake means the Great Lakes and all natural and artificial inland lakes, ponds or impoundments that have 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, one (1) acre. "Lake" does not include sediment basins and basins constructed for the sole purpose of stormwater retention, cooling water, or treating polluted water.

Landowner means the person who owns the property and who provides proof of ownership, holds a recorded easement on the property and who provides proof of ownership of the easement, 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, being MCL 247.183 to 247.186.

Landscape contractor means a person, whether a licensed landscape contractor or not, who performs any soil movement or placement, excavation, earth removal, planting, or landscape construction or maintenance work for hire.

Local ordinance means this article of the township's ordinances enacted pursuant to Part 91 providing for soil erosion and sedimentation control.

Minor earth change means any earth change that will disturb less than two hundred twenty-five (225) square feet within five hundred (500) feet of the water's edge of a lake, stream or wetland.

Municipal enforcing agency or MEA means an agency designated by the township under section 9106 of Part 91 to enforce a local ordinance, which shall be the development services department.

Nonerosive velocity means a speed or water movement which is not conductive to the development of accelerated erosion.

Parcel means a lot, unit or plot of land, either platted or unplatted.

Part 91 means Part 91 of Act No. 451 of the Public Acts of 1994, as amended, being MCL 324.9101 to 324.9123.

Permanent soil erosion and sedimentation control measures means those control measures which are installed or constructed to control soil erosion and which are maintained after project completion.

Person means an individual, corporation, partnership or any other business entity.

Phasing means the completion or stabilization of one (1) phase of development before conducting construction or earth disturbance of another within the same development.

Proof of ownership means any document recorded with the Oakland County register of deeds showing the ownership interest claimed and title insurance which is current and has been issued within thirty (30) days of the date of the submission of the application for a permit under this article.

Rules means the Rules promulgated pursuant to the Administrative Procedures Act of 1969, 1960 Public Act 306, MCL 24.201 to 24.328.

Runoff means that part of precipitation, snow melt, or irrigation water that is not absorbed by vegetation and does not infiltrate or evaporate and runs off the land into streams or other surface water.

Seawall maintenance means an earth change activity landward of the seawall.

Sediment means solid particulate matter, including both mineral and organic matter that is in suspension in water, is being transported, or has been removed from its site of origin by the actions of wind, water, or gravity and has been deposited elsewhere.

Sediment basin means a naturally occurring or constructed depression used for the sole purpose of capturing sediment during or after an earth change activity.

SESC permit means soil erosion and sedimentation control permit.

Soil means topsoil, subsoil, gravel, rock, stone, earth or any other minerals of a like nature.

Soil erosion means the wearing away of land by the action of wind, water, gravity or a combination of wind, water, or gravity.

Soil erosion and sediment control plan means a map and written information for a development or earth change which describes the way in which stormwater runoff, soil erosion, and on-site sediment will be controlled.

Stabilization means the establishment of vegetation or the proper placement, grading and/or covering of soil to ensure its resistance to soil erosion, sliding or other earth movement.

State agency means a principal state department.

Stormwater detention means detention basins that are designed to receive and detain stormwater runoff for a prolonged period of time, typically up to forty-eight (48) hours. Detention is achieved by use of an outlet device regulating the flow from the basin at a rate which minimizes downstream erosion, reduces flooding, and provides for enhanced pollutant removal.

Stormwater retention means retention basin that is a water impoundment over permeable soils which receives stormwater runoff and contains it until it infiltrates the soils. Retention basins remove fine sediment and the pollutants associated with them. Course sediment must be removed from the stormwater by other methods prior to entering the basin. This BMP serves drainage areas up to fifty (50) acres in size.

Stream means a river, creek, or other surface watercourse which may or may not be serving as a drain as defined in Act No. 40 of the Public Acts of 1956, as amended, being MCL 280.1 et seq., and which has definite banks, a bed, and visible evidence of the continued flow or continued occurrence of water, including the connecting waters of the Great Lakes.

Stripping means any activity which removes or significantly disturbs the vegetative surface cover including clearing and grubbing operations.

Temporary soil erosion and sedimentation control measures means interim control measures which are installed or constructed for the control of soil erosion and sedimentation which are not maintained after project completion and removed.

Township means Charter Township of West Bloomfield.

Violation of this article or violates this article means a violation of Part 91, the Rules promulgated under Part 91, or this article.

Waters of the state means the Great Lakes and their connecting water, inland lakes and streams as defined in Rules promulgated under this part, and wetlands regulated under Part 303 of the Natural Resources and Environmental Protection Act.

Wetlands means 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.

Written authorization means an original signed and notarized letter from the landowner which specifies the scope of the designated agent's authority.

(Ord. No. C-721, § 1, 3-3-08)

Unless otherwise provided by law, the administration and enforcement of this article shall be as follows:

(1)

The development services department shall be the municipal enforcing agency and shall have jurisdiction throughout the township in the administration and enforcement of this article, Part 91 and Rules, including all amendments adopted unless otherwise specifically stated, except with regard to earth changes by an authorized public agency who is approved under section 9110 of Part 91.

(2)

Those authorized for administering this article, Part 91 and the Rules and who also have decision making authority shall have current certificates of training pursuant to MCL 324.9123.

(Ord. No. C-721, § 1, 3-3-08)

The development services department may from time to time adopt such soil erosion and sedimentation control rules, policies, programs, and best management practices as approved by the department of environmental quality and as necessary to ensure compliance with Part 91 and Rules. In no case shall the Rules be less restrictive than Part 91, or the administrative Rules promulgated thereunder by the department of environmental quality.

(Ord. No. C-721, § 1, 3-3-08)

The regulations of this article are minimum standards supplemental to Part 91 and the Rules promulgated thereunder. Where any provisions of any other state statutes, or other township ordinances or regulations apply, the more restrictive provisions of this article or any or all statutes, ordinances or regulations shall prevail.

If any provision of this part is declared by a court to be invalid, the invalid provision shall not affect the remaining provisions of the part that can be given effect without the invalid provision. The validity of the part as a whole or in part shall not be affected, other than the provision invalidated.

(Ord. No. C-721, § 1, 3-3-08)

(a)

Principles. All earth changes shall be designed, constructed, implemented, and maintained in accordance with the requirements for earth changes as provided by Part 91, the Rules promulgated thereunder, and this article, and shall also comply with any structural, vegetative, or best management practices to effectively prevent or reduce soil erosion and sedimentation as determined and deemed necessary by the development services department. Further design principles are as follows:

(1)

The development should be planned and designed to fit the topography of the site.

(2)

The design shall limit the exposed area of any disturbed land for the shortest possible period of time as determined by the development services department, and may incorporate any phasing requirements set forth in an approved site plan.

(3)

Soil erosion control practices should be applied as a first line of defense against onsite damage, thereby decreasing the amount of sediment that is generated.

(4)

Sediment control practices should be applied as a second line of defense to prevent any sediment that is generated during construction from leaving the site.

(5)

A thorough maintenance and follow-up operation should be implemented, as a site cannot be effectively controlled without thorough, periodic checks for erosion and sediment control practices and, without limitation; includes the following requirements:

a.

Maintenance schedule;

b.

Dewatering plan;

c.

Sequence of construction; and

d.

Enforcement.

(b)

[Adequacy and effectiveness.] In determining the adequacy and effectiveness of the design, implementation, and maintenance of proposed soil erosion and sedimentation control measures, the development services department shall consider the following nonexclusive criteria:

(1)

Size and location specific factors and information of the type required to be included in the soil erosion and sediment control plan for the property; and

(2)

The specifications and recommendations regarding soil erosion and sedimentation control measures and practices as provided by the "Guidebook of Best Management Practices for Michigan Watersheds", published by the Surface Water Quality Division, Michigan Department of Environmental Quality ("BMP Guidebook" or subsequent revisions), the Natural Resources Conservation Services (NRCS) Standards and Specifications, and the Michigan Department of Transportation's "Soil Erosion and Sedimentation Control Manual" and any provided instructions or recommendations by manufacturers as approved by the township.

(Ord. No. C-721, § 1, 3-3-08)

(a)

The erosion and sedimentation control measures prescribed in this section and the best management practices shall be incorporated into the soil erosion and sedimentation control plans, as described in section 8-368, unless the person preparing the plans demonstrates to the development services department that proposed alternatives to these procedures will be superior in the prevention of accelerated soil erosion and its resulting sedimentation.

(b)

A person shall conduct an earth change in a manner that will effectively reduce accelerated soil erosion and resulting sedimentation.

(c)

A person engaged in an earth change that disturbs one (1) or more acres of land or is within five hundred (500) feet of any waters of the state and any wetland shall:

(1)

Obtain the permit(s) required by this article and Part 91, and the Rules promulgated thereunder; said permit(s) shall be kept current and valid throughout all active earth change operations and until the site passes final inspection by the municipal enforcing agency.

(2)

Plan, implement, and maintain acceptable soil erosion and sedimentation control measures in conformance with the requirements of this article and Part 91 and the Rules promulgated thereunder, which effectively reduce accelerated soil erosion and off-site sedimentation.

(3)

Set forth soil erosion and sedimentation control measures in a plan as prescribed by this article. A person shall make the plan available for inspection at all times at the site of the earth change.

(4)

Prepare a soil erosion and sediment control plan, signed and sealed by a registered professional engineer or professional surveyor designed to effectively reduce accelerated soil erosion and sedimentation that shall identify factors that may contribute to soil erosion or sedimentation, or both.

(d)

A soil erosion and sediment control plan shall conform to the requirements of this article, Part 91, and the Rules promulgated pursuant to Part 91.

(e)

A person shall remove sediment caused by accelerated soil erosion from runoff water before it leaves the site of the earth change.

(f)

A person shall design, construct, and complete an earth change in a manner that limits the exposed area of any disturbed land for the shortest possible period of time as determined by the development services department. The development services department shall have the power to require additional soil erosion techniques as needed in order to effectively reduce soil erosion and sedimentation.

(g)

A person shall design a temporary or permanent control measure that is designed and constructed for the conveyance of water around, through, or from the earth change area to limit the water flow to a nonerosive velocity.

(h)

A person shall install temporary soil erosion and sedimentation control measures before or upon commencement of the earth change activity and shall maintain the measures on a daily basis. A person shall remove temporary soil erosion and sedimentation control measures after permanent soil erosion measures are in place and the area is permanently stabilized. A person shall stabilize the area with permanent soil erosion control measures under approved standards and specifications as prescribed below.

(i)

A person shall complete permanent soil erosion control measures for all slopes, channels, ditches, or any disturbed land area within five (5) calendar days after final grading or the final earth change has been completed. If it is not possible to permanently stabilize a disturbed area after an earth change has been completed or if significant earth change activity ceases, then a person shall maintain temporary soil erosion and sedimentation control measures until permanent soil erosion control measures are in place and the area is stabilized.

(j)

A person shall complete all temporary and permanent erosion and sedimentation control measures according to the approved plan.

(1)

A person shall install and maintain control measures in accordance with the standards and specifications of all of the following:

a.

The product manufacturer.

b.

The local conservation district.

c.

The department.

d.

The Michigan Department of Transportation.

e.

The development services department, if applicable and formally adopted.

(2)

If a conflict exists between the standards and specifications, then the development services department shall determine which specifications are appropriate for the project.

(k)

On construction sites during periods of low precipitation, low humidity, high temperature or high winds, apply dust suppressant to surfaces such as unpaved roadways, soil stockpile areas and general areas with unstabilized or fine soils.

(l)

A landowner of land on which an earth change has been made that may result in or contribute to soil erosion or sedimentation of any infrastructure or adjoining land or the waters of the state shall implement and maintain soil erosion and sedimentation control measures in conformance with the requirements of this article, Part 91 and Rules that will effectively reduce soil erosion or sedimentation from the land on which the earth change has been made.

(m)

During all active earth change operations on land subject to the permit(s) required by this article, Part 91 and Rules, the permittee shall be responsible for:

(1)

The prevention of soil erosion and sedimentation, or damage to any infrastructure, public utilities or services within the limits of movement or placement of soil and along any routes of travel of equipment.

(2)

The prevention of sedimentation, erosion or damage to adjacent property. No person shall cause an earth change activity or the movement or placement of soil so close to the property line as to endanger any adjoining public street, sidewalk, or any public or private property without protecting such property from soil erosion or sedimentation or other damage which might result.

(3)

The prompt removal of all sediment, soil, miscellaneous debris or other materials spilled, applied, dumped or otherwise deposited on public streets, highways, sidewalks or other public thoroughfares or infrastructure resulting from any development related activity or operation.

(4)

Maintenance and clean out of all sediment basins, ditches traps or other soil erosion measures as needed to ensure their proper function.

(5)

Clearing, grubbing and any earth changes shall be limited to the phase of development under construction. If there is an earth change request or modification, an updated soil erosion and sedimentation control plan must be resubmitted for review and approval by the MEA.

(Ord. No. C-721, § 1, 3-3-08)

(a)

Intent. It is the intent of this section to provide sufficient information upon which to judge the adequacy of the design relative to the goals of Part 91 and Rules, as described in section 8-361. The plan shall be designed to effectively reduce accelerated soil erosion and control sedimentation generated and shall identify factors which may contribute to soil erosion or sedimentation or both. Plan sheets shall be not less than eight and one-half (8½) inches by eleven (11) inches or greater than twenty-four (24) inches by thirty-six (36) inches.

(b)

Additional information. Should the information specifically required by this section be inadequate to meet the intent because of unusual site or project conditions, the applicant will be required to submit additional information, as circumstances require or as determined by the development services department.

(c)

Preparation. All plans and information shall be prepared by a person with a working knowledge of soil erosion and sedimentation control methods and techniques. In most instances, this person will be a professional engineer or professional surveyor registered in Michigan, as required under the provisions of Act No. 240 of the Public Acts of Michigan of 1937 (MCL 338.551 et seq., as amended). However, on small projects not covered by the Registration Act, well prepared plans not prepared by a registered engineer or surveyor may be allowed as determined by the development services department.

(d)

Earth change. The magnitude and scope of the earth disrupting project and its potential for causing a soil erosion and/or sedimentation problem will have a direct bearing upon the scope and requirements of the plans required by this article, Part 91 and the Rules. The required plans must meet the minimum requirements of this article, Part 91 and the Rules shall include, but not be limited to the following:

(1)

Location map:

a.

It shall be drawn to a scale not smaller than two hundred (200) feet to the inch.

b.

It shall be extended six hundred (600) feet outside of the side boundaries in all directions.

c.

It shall locate the following:

1.

The site;

2.

Adjacent properties;

3.

Public and private roads in the area;

4.

Lowing streams or ditches;

5.

Intermittent watercourses;

6.

Lakes;

7.

Wetland areas;

8.

One hundred-year floodplain and/or floodways;

9.

North direction;

10.

Predominant land features;

11.

Contour intervals or slope description.

(2)

Topographic plan:

a.

It shall be drawn to a scale not smaller than thirty (30) feet to the inch.

b.

It shall show all existing ground elevations on U.S.G.S. datum with a contour interval not greater than two (2) feet.

c.

It shall be extended one hundred (100) feet outside of the site boundaries in all directions.

d.

It shall locate the following:

1.

All existing building and structures;

2.

All natural features required to be shown on a site plan or a wetlands or woodlands removal plan;

3.

All existing drainage systems, both natural and man-made.

e.

It shall include a legal description of the site, with a statement as to the amount of acreage within the site and a north indicator.

f.

It shall provide information as to the type of soils on the site, as typically obtained from a soil boring or a soil analysis.

g.

All existing and proposed utilities.

(3)

Site development plan:

a.

It shall be drawn to a scale not smaller than thirty (30) feet to the inch.

b.

It shall show a plan metric presentation of all proposed construction on the site, including buildings, roads, parking lots, walks, drives, retaining walls, retention basins, sediment basins, retention areas, grassed areas, storm drainage facilities and all other construction of any nature including utilities.

c.

It shall show a complete dimensioning of size and location of all features of the plan.

d.

It shall show all existing buildings, construction and natural features surrounding the site on all sides to a distance of one hundred (100) feet.

e.

The timing and sequence of each proposed earth change.

f.

All existing and proposed utilities.

(4)

Final grading and drainage plan:

a.

It shall be drawn to a scale not smaller than thirty (30) feet to the inch.

b.

It shall show the final grade elevations at high and low points, breaks in grade, swales and ridge lines, buildings and other structures, and in sufficient detail to indicate the surface flow, on U.S.G.S. datum.

c.

It shall show the complete stormwater drainage system including enclosures, open drainage courses and swales, retention and sediment basins, and the point of discharge of stormwater. The following should be included:

1.

Storm drain, retention basin and sediment basin design calculations;

2.

The amount of acreage contributing to each specific inlet;

3.

Storm drain and road profiles.

4.

All critical or sensitive areas.

d.

It shall show existing ground elevations surrounding the site on all sides to a distance of one hundred (100) feet.

e.

All existing and proposed utilities.

(5)

Soil erosion and sediment control plan: A soil erosion and sediment control plan must include the minimum requirements of this article, Part 91 and the Rules, not be limited to all of the following:

a.

A map or maps at a scale of not more than thirty (30) feet to the inch or as otherwise determined by the development services department. A map shall include a legal description and site location plan that includes the proximity of any proposed earth change to lakes, streams or wetlands; predominant land features; and contour intervals or slope description.

b.

A soils survey or a written description of the soil types of the exposed land area contemplated for the earth change.

c.

Details for proposed earth changes, including all of the following:

1.

A description and the location of the physical limits of each proposed earth change.

2.

A description and the location of all existing and proposed on-site drainage and dewatering facilities including, but not limited to; structure details and rim elevations.

3.

The timing and sequence of each proposed earth change.

4.

The location and description for installing and removing all proposed temporary soil erosion and sediment control measures.

5.

A description and the location of all proposed permanent soil erosion and sediment control measures.

6.

A program proposal for the continued maintenance of all permanent soil erosion and sediment control measures that remain after project completion including the designation of the person responsible for the requirements of section 8-378.

7.

A site specific topographic map, prepared by a professional surveyor as may be required by the development services department, depending on the size, scale or complexity of the project.

8.

A description of all existing vegetation and predominant land surface features.

9.

Show clearly all sensitive and critical areas.

10.

As necessary, provide a separate dewatering plan incorporating discharge points anticipated flow, velocities and proper BMP placement and maintenance.

(6)

Combination of plans: The MEA may permit the consideration and combination of the plans in this section, provided clarity, completeness and compliance with the Rules can be retained.

(7)

Waiver of requirements: On very small projects, the specific plan requirements described in this section may be modified and permits required by this division issued on less rigorous requirements but in no case shall the requirements be less restrictive than Part 91 or the Rules, or this article. However, such plan must meet the minimum requirements of this article, Part 91 to ensure that accelerated soil erosion and sedimentation will be controlled.

(e)

Utility construction. Plans for utility construction that is not part of a developing site shall include, but not be limited to the following:

(1)

All features of the soil erosion and sediment control plan as described in subsection (c)(5);

(2)

Soil erosion and sediment control plan must include all earth changes occurring on the site.

(3)

Drawn to a scale as required by the project;

(4)

Information as to how excavated materials will be handled and stored to prevent erosion;

(5)

Information on trench backfill stabilization and surface restoration including schedule of placement;

(6)

Information upon the existing drainage system along and crossing the system, including maintenance provisions.

(f)

Cost estimates. The plans shall include a separately stated estimate of the cost of all temporary and permanent soil erosion and sedimentation control measures, which shall be broken down into unit prices.

(Ord. No. C-721, § 1, 3-3-08)

(a)

The soil erosion and sedimentation control plan as previously described in section 8-368, shall be reviewed and approved by the development services department, or its designated representative who also has Part 91 certification, is current in training and has passed the examination. All plans identified in section 8-368 shall be required unless the development services department or development services director or his/her designee determines the scope of the proposed project requires only specified plans to be prepared. This review will not commence until such time that, all required fees have been paid as stated in section 8-373.

(b)

The development services department or its designated representative shall approve, disapprove or require a revision to the plans within thirty (30) calendar days following the receipt of the plans and a complete application for an erosion control permit:

(1)

Notification of approval shall be in the form of the actual permit issuance.

(2)

If disapproved, the applicant shall be notified in writing by certified mail. Reasons for disapproval and the conditions necessary to obtain approval shall be stated.

(c)

Any revisions or changes to the soil erosion and sediment control plan, must be submitted as required for review and approval by the MEA. However, to the extent such changes void or otherwise require duplication of engineering time expended in review of the original plan, a supplemental fee shall apply which shall be due and payable prior to issuance of the resultant permit.

(d)

The soil erosion and sedimentation control permit, or a copy, along with a complete set of the approved soil erosion and sediment control plan, shall be available at the site of the earth change for inspection at all times.

(Ord. No. C-721, § 1, 3-3-08)

(a)

Right-of-way entry and inspection. The development services department or its designated representative shall inspect all soil erosion control measures. At any reasonable time, the development services department or its designated representative may enter upon public or private for the purpose of inspecting and investigating conditions or practices that may be in violation of this article, Part 91 or the Rules. However, an investigation or inspection under this subsection shall comply with the United States Constitution and the Michigan Constitution of 1963. No person shall interfere with an employee or its designated representative, of the development services department, nor shall any person molest or resist him or her in the discharge of this duty.

(b)

Schedule. On-site inspections before, during and after any change activity for which a permit required by this article has been issued shall be performed as required by the extent and erosion potential of the activity.

(c)

Notification of development services department. The permit holder shall notify the development services department at least twenty-four (24) hours before starting any earth change activity for which a permit has been issued.

(d)

Invalidation of permit. If upon inspection existing site conditions are found not to be as stated in the application on the approved plan and in accordance with soil erosion and sedimentation control specification rules, the permit will be invalidated. No earth disrupting work shall be undertaken, or continued by any person until revised plans have been submitted and a valid permit issued.

(e)

Field changes. Minor field changes and/or additional measures may be required or maintenance work shall be performed to assure erosion and sedimentation control. When it is determined by the development services department or its designee that the revision(s) to the site is significant, revised plans must be submitted to (and approved by) the development services department.

(Ord. No. C-721, § 1, 3-3-08)

(a)

As a condition for the issuance of a permit, except earth changes on a residential lot, the development services department shall require the applicant to post a performance guarantee in an amount sufficient to assure the installation, completion and continuation of such protective or corrective measures as may be required by the development services department. The amount of the guarantee shall not exceed one and one-half (1½) times the total cost of all estimated soil erosion and sediment control measures and appurtenant activities provided, the township may claim any reasonable and necessary costs and expenditures that exceed the guarantee.

(b)

In the event of failure of the permit holder to comply with this article, Part 91 and Rules, or the conditions set forth in the soil erosion and sediment control plan, the township shall implement the requirements, remedies and procedures available at law.

(c)

Upon permanent restabilization of all disrupted earth areas, performance guarantee or residual balance will be returned to the permittee along with an accounting of any funds used.

(Ord. No. C-721, § 1, 3-3-08)

Upon issuance of a soil erosion and sedimentation control permit, the landowner of record is required to attend a preconstruction meeting with the MEA and its authorized environmental consultants to review and discuss any and all procedures and requirements of this article, Part 91 and Rules, and approved soil erosion and sediment control plan. Included with the preconstruction practices methods and procedures are requirements for clearing, grubbing and initial BMP installations.

(Ord. No. C-721, § 1, 3-3-08)

It is the intent of the township that administration of this article be self-sustaining from fees imposed and to distribute such charges as equitably and fairly as possible. Therefore, the township board shall from time to time adopt such resolutions setting forth a schedule of application, permit, plan review, and inspection fees to be paid as shall be necessary to administer this article. Plan review fees shall cover the initial plan review and review of up to two (2) revisions. The township board may periodically revise the fee schedule as needed.

(Ord. No. C-721, § 1, 3-3-08)

Nothing stated in this article shall be construed to limit the power of the development services department to order the immediate and complete abatement of a public nuisance or menace to the waters of the state, wetlands, public infrastructure or any adjacent properties of the township. Any violation of the article, Part 91 and Rules, or of the approved plans and/or soil erosion and sedimentation control permit shall be deemed a nuisance per se subject to abatement by a court of competent jurisdiction.

(Ord. No. C-721, § 1, 3-3-08)

(a)

Submission. A landowner or designated agent shall submit an application for a SESC permit. Proof of ownership and written statement from the landowner, authorizing him/her to secure a permit in the landowner's name (if the application is being submitted by a designated agent) are required at the time of submission of the application.

(b)

Forms. All applications submitted for approval will be on the SESC permit application form. Such forms shall be available from the development services department upon request at no charge.

(c)

Time of application. Application for a permit under these procedures shall be made prior to the start of any earth change including, but not limited to; construction of access roads, driveways, tree and shrub removal or grading. Any such unauthorized work will be considered a violation of this article regardless of any later actions taken toward compliance. Soil test borings, vegetative cutting for land surveys and percolation test efforts will not be considered a start of work under these procedures provided the activities do not constitute an earth change requiring a permit.

(d)

Sequential applications. On those projects so large or so complex that a plan encompassing all phases of the project cannot reasonably be prepared prior to initial groundbreaking, as required by the township, application for SESC permit on successive major incremental earth change activities must be submitted. All SESC permits issued on this basis will be clearly defined as to nature and extent of work covered for that phase. Any earth change beyond or subsequent to that described on the SESC permit must be covered by a separate approved plan before it may be undertaken.

(e)

Plan. The application shall be accompanied by three (3) complete sets of the proposed soil erosion and sedimentation control plan.

(Ord. No. C-721, § 1, 3-3-08)

(a)

It shall be unlawful to permit, authorize or conduct an earth change without first obtaining a SESC permit with approved SESC plans from the development services department unless a permit and/or plans are not required under the provisions of this article, Part 91, or the Rules.

(b)

SESC permit requirements. Unless otherwise exempt by this article, Part 91, or the Rules, a landowner or designated agent who contracts for, allows, or engages in, an earth change in this township shall obtain a SESC permit from the development services department which shall be kept current throughout all active earth change operations, before commencing an earth change which:

(1)

Disturbs one (1) or more acres of land; or

(2)

Is within five hundred (500) feet of any waters of the state and wetlands.

(Ord. No. C-721, § 1, 3-3-08)

(a)

A permit is not required for any of the following:

(1)

A beach nourishment project permitted under Part 325 of Act No. 451 of the Public Acts of 1994, as amended, being MCL 324.32501 et seq.

(2)

Normal road and driveway maintenance, such as grading or leveling, that does not increase the width or length of the road or driveway and that will not contribute sediment to lakes or streams.

(3)

An earth change of a minor nature that is stabilized within twenty-four (24) hours of the initial earth disturbance and that will not contribute sediment to lakes or streams.

(4)

Installation of oil, gas, and mineral wells under permit from the supervisor of wells if the owner-operator is found by the supervisor of wells to be in compliance with the conditions of Part 91.

(5)

Subject to subsection (6), a person engaged in the logging industry, the mining industry, or the plowing or tilling of land for the purpose of crop production or the harvesting of crops is not required to obtain a permit. However, all earth changes associated with the activities listed in this section shall conform to the same standards as if they required a permit under this part. The exemption from obtaining a permit under this subsection does not include either of the following:

a.

Access roads to and from the site where active mining or logging is taking place.

b.

Ancillary activities associated with logging and mining.

(6)

The exemption in subsection (5) does not apply to a metallic mineral mining activity that is regulated under a mining and reclamation plan that contains soil erosion and sedimentation control provisions and is approved by the department under Part 631 of the Natural Resources and Environmental Protection Act.

(7)

Earth changes associated with well locations, surface facilities, flow lines, or access roads relating to oil or gas exploration and development activities regulated under Part 615 of the Natural Resources and Environmental Protection Act, if the application for a permit to drill and operate under Part 615 contains a soil erosion and sedimentation control plan that is approved by the department under Part 615. However, those earth changes shall conform to the same standards as required for a permit under this part. This subsection does not apply to a multi-source commercial hazardous waste disposal well as defined in section 625.06a of the Natural Resources and Environmental Protection Act.

(8)

As used in subsections e, f and g, "mining" does not include the removal of clay, gravel, sand, peat, or topsoil.

(9)

An authorized public agency is exempt from obtaining a permit from the development services department; however, such agency is still required to notify the development services department of each proposed earth change to be undertaken.

(10)

A residential property owner who causes the following activities to be conducted on individual residential property owned and occupied by him or her is not required to obtain a permit if the earth change activities do not result in or contribute to soil erosion or sedimentation of the waters of the state or discharge of sediment off-site:

a.

Gardening, if the natural elevation of the area is not raised.

b.

Post holes for decks, fencing, utility posts, mailboxes, or similar applications, if no additional grading or earth change occurs.

c.

Removal of tree stumps, shrub stumps, or roots resulting in an earth change not to exceed one hundred (100) square feet.

d.

All of the following activities, if soil erosion and sedimentation controls are implemented, the earth change is stabilized within twenty-four (24) hours of the initial earth disturbance, and soil erosion or sedimentation to adjacent properties or the waters of the state has not or will not reasonably occur:

1.

Planting of trees, shrubs, or other similar plants.

2.

Seeding or reseeding of lawns of less than one (1) acre if the seeded area is at least one hundred (100) feet from the waters of the state.

3.

Seeding or reseeding of lawns closer than one hundred (100) feet from the waters of the state if the area to be seeded or reseeded does not exceed one hundred (100) square feet.

4.

The temporary stockpiling of soil, sand or gravel not greater than a total of ten (10) cubic yards on the property if the stockpiling occurs at least one hundred (100) feet from the waters of the state or wetlands.

5.

Seawall maintenance that does not exceed one hundred (100) square feet.

(b)

However, an earth change activity that does not require a permit under this section, or where a permit waiver has been granted, is not exempt from enforcement procedures under this article, Part 91 or the Rules promulgated there under if the exempted activity causes or results in a violation of this article, Part 91 or the Rules adopted thereunder.

(c)

The development services department may grant a permit waiver for an earth change after receiving signed affidavit from the landowner stating that the earth change will disturb less than two hundred twenty-five (225) square feet and that the earth change will not contribute sediment to lakes or streams.

(Ord. No. C-721, § 1, 3-3-08)

(a)

An SESC permit shall not be issued where:

(1)

The proposed work would cause uncontrolled soil erosion or sedimentation;

(2)

The proposed work would cause hazards to the public safety and welfare;

(3)

The work as proposed by the applicant, will damage any public or private property or interfere with any existing drainage course 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, infrastructure, or into any waters of the state or wetlands or create an unreasonable hazard to persons or property; or

(4)

The land area for which work is subject to geological hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce settlement, slope and stability or any other such hazard to persons or property; or the land area for which the work is proposed lies within the 100-year floodplain of any stream or watercourse (not specifically designated and delineated by the county as an area subject to flood hazard), unless a permit from the Michigan Department of Environmental Quality accompanies the application and a hydraulic report prepared by a licensed and professional engineer is submitted to certify that the proposed work will have, in the development services department opinion, no detrimental influence on the public welfare or upon the total development of the water shed.

(b)

No SESC permit shall be issued until the applicant has paid all required fees, posted all required guarantees, and otherwise complied with all requirements under this article, Part 91 and Rules as a precondition to the issuance of a permit.

(c)

The permit shall designate a one-year expiration date from the date of issuance; at which time additional reviews and/or fees may be required or assessed as determined under the fee schedule as adopted by the township board and amended from time to time. If the earth change for which a permit has been issued has not been commenced within one (1) year from the date of issuance of the permit, the permit shall lapse, provided that the development services department may extend the time for commencement of the earth change if the permittee requests an extension prior to the expiration of the initial period and no material change of circumstances has occurred.

(d)

An SESC permit issued under this article shall not relieve the permittee from complying with any other federal, state or local permits and regulations.

(e)

A permittee shall prepare and submit a program proposal that provides for continuation, maintenance, and fulfillment of all responsibilities imposed upon the permittee under this article, Part 91 and Rules in the event of any transfer of any interest in any property subject to the permit. The program proposal shall include permission for right of entry onto the site for periodic township inspections. The township shall maintain a file of such programs and shall from time to time, as it deems necessary, inspect the facilities. Continuation and fulfillment responsibilities and right of entry shall become a part of any sales or exchange agreement for the property subject to the permit.

(f)

The failure to comply with any term or condition of an approved permit or to timely complete all work as set forth in an approved plan, constitutes a violation of this article, Part 91 and Rules.

(g)

No final soil erosion and sedimentation control approval will be granted without permanent stabilization of the disturbed areas and a final grading and drainage approval, if applicable. When seasonal weather conditions do not permit permanent stabilization of the disturbed areas then a conditional soil erosion and sedimentation control approval may be granted by the development services director for up to six (6) months. A deposit of cash or a letter of credit in the amount of the remaining work needed to permanently stabilize the site must be submitted. Conditional soil erosion and sedimentation approval must be preceded by a final or conditional grading and drainage approval, if applicable. A final soil erosion and sedimentation control approval will always require a final grading and drainage inspection even if a final grading and drainage approval was previously granted.

(Ord. No. C-721, § 1, 3-3-08)

When the soil erosion and sediment control plans are approved by the development services department and it is determined that the requirements of this article are met, a soil erosion and sedimentation control permit, plus two (2) additional copies, will be issued to the landowner. The development services department shall impose such conditions on the manner and extent of the proposed activity or use to ensure that the intent of this article is carried out and that the activity or use will be conducted in such a manner as will prevent as best possible soil erosion and sedimentation. The soil erosion and sedimentation control permit shall provide a specified or agreed upon time limit for completion of all permanent soil erosion and sedimentation control measures. The permit holder may be granted a permit extension provided a site inspection is conducted by the development services department to insure compliance with all required temporary soil erosion and sedimentation control measures. The permit holder shall pay an inspection fee in an amount to be approved by the township board.

(Ord. No. C-721, § 1, 3-3-08)

The development services department shall not issue a building permit to a person engaged in an earth change which requires a soil erosion and sedimentation control permit under this article until after landowner has first obtained the required soil erosion and sedimentation control permit with approved soil erosion and sedimentation control plans.

(Ord. No. C-721, § 1, 3-3-08)

(a)

Persons, permittees, and landowners carrying out soil erosion and sedimentation control measures under this article, and all subsequent owners of property on which such measure has been installed, shall adequately maintain all permanent soil erosion and sedimentation control measures, devices and plantings in effective working condition. A program proposal shall be submitted by the permittee for continued maintenance of all such permanent control facilities which remain after project completion, including the identification of the person or entity responsible for maintenance. The proposal shall include permission for right of entry onto the site for periodic township inspections pursuant to the provisions of section 8-370. The township shall maintain a file of such programs and shall from time to time, as it deems necessary, inspect the facilities.

(b)

The owner of property that is subject to a permit under this article is responsible for compliance with the terms of the permit that applies to that property.

(c)

Except as provided in subsection (d), if property subject to a permit under this article is transferred, both of the following are transferred with the property:

(1)

The permit, including the permit obligations and conditions; and

(2)

Responsibility for any violations of the permit that exist on the date the property is transferred.

(d)

If property is subject to a permit under this article and a parcel of the property, but not the entire property, is transferred, both of the following are transferred with the parcel:

(1)

The permit obligations and conditions with respect to that parcel, but not the permit itself; and

(2)

Responsibility for any violations of the permit with respect to that parcel that exists on the date the parcel is transferred.

(e)

If property subject to a permit under this article is proposed to be transferred, the transferor shall notify the transferee of the permit in writing on a form developed and provided by the development services department. The notice shall inform the transferee of the requirements of subsection (b) and, as applicable, subsections (c) or (d). The notice shall include a copy of the permit. The transferor and transferee shall sign the notice, and the transferor shall submit the signed notice to the development services department before the property is transferred or a certificate of occupancy is issued.

(f)

The township may charge a fee for the transfer of a permit under subsections (c) or (d). The fee shall not exceed the administrative costs of transferring the permit. Fees collected under this subsection shall only be used for the enforcement and administration of this article by the township.

(Ord. No. C-721, § 1, 3-3-08)

(a)

A person shall not maintain or undertake an earth change governed by Part 91 or the Rules promulgated under Part 91, or this article, except in accordance with Part 91, the Rules promulgated under Part 91 or this article, and pursuant to any required soil erosion and sediment control plan or SESC permit approved by the development services department.

(b)

Except in accordance with or otherwise allowed by the provisions of this article, Part 91, or the Rules promulgated under Part 91 and pursuant to any required plan or permit(s), a person shall not, by act or omission, maintain any condition, or cause, contribute or engage in any activity that results in accelerated soil erosion or sedimentation of adjacent properties, infrastructure, or the waters of the state and wetlands.

(c)

Unless otherwise required or provided by this article, Part 91, the Rules promulgated thereunder, or pursuant to any approved plan or permit, a person shall not remove, destroy, alter, molest, damage, or tamper with any soil erosion or sediment control measure or devise nor shall any person knowingly impede, prevent, obstruct, or harass any person lawfully engaged in implementing any soil erosion or sediment control measures.

(d)

A notice of erosion control deficiency will be sent for violations of Part 91, Rules or this article. Upon reinspection if it is found that noncompliance still exists, a "recommendation to show cause" will be issued and determination for the development services department may issue a cease and desist order, stop work order and/or revoke a permit upon its finding that there is a violation of Part 91, the Rules or this article, or a finding that there is a violation of a soil erosion and sedimentation control permit or an approved soil erosion and sedimentation control plan.

(e)

If the development services department determines that soil erosion or sedimentation of adjacent properties, infrastructure, or to the waters of the state or wetlands has or will reasonably occur from land in violation of Part 91, the Rules or this article, the development services department may seek to enforce a violation by notifying any person who violates this article, Part 91 or the Rules, or the person who owns or possesses the land, by mail, with return receipt requested, of its determination. The notices shall contain a description of the violation and what must be done to remedy the violation with a compliance time of five (5) days.

(f)

After a notice of violation has been issued under subsection (e), a landowner or any person who causes, contributes, maintains, or commits a violation of Part 91, the Rules or this article shall implement and maintain soil erosion and sedimentation control measures in conformance with Part 91, the Rules or this article.

(g)

Except as otherwise provided in this subsection, not sooner than five (5) days after notice of violation of Part 91, the Rules, or this article has been mailed, if the condition of the land, in the opinion of the development services department may result in or contribute to accelerated soil erosion or sedimentation contributing to adjacent properties, infrastructures or to the waters of the state or wetlands, and if soil erosion and sedimentation control measures in conformance with Part 91, the Rules or this article are not in place, the development services department or its designated representative may enter upon the land and construct, implement, and maintain soil erosion and sedimentation control measures in conformance with Part 91, the Rules or this article. However, the development services department shall not expend more than ten thousand dollars ($10,000.00) for the cost of the work, materials, labor, and administration without prior written notice in the notice provided in subsection (e) for the person who owns the land or commits any violation under this article that the expenditure of more than ten thousand dollars ($10,000.00) may be made. If more than ten thousand dollars ($10,000.00) is to be expended under this section, then the work shall not begin until at least ten (10) days after the notice of violation has been mailed.

(Ord. No. C-721, § 1, 3-3-08)

(a)

All expenses including all administrative, attorney or other professional fees incurred by the MEA to construct, implement, and maintain soil erosion and sedimentation control measures to bring land into conformance with Part 91, the Rules or this article shall be reimbursed to the township by the person who owns the land.

(b)

The township shall have a lien against nonconforming property for the expenses incurred for bringing the land into conformance with Part 91, the Rules or this article. Or, the township may draw on any guarantee to obtain reimbursement for any and all expenses. However, with respect to single-family or multifamily residential property, the lien for such expenses shall have priority over all liens and encumbrances filed or recorded after the date of such expenditure. With respect to all other property, the lien for such expenses shall be collected and treated in the same manner as provided for property tax liens under the General Property Tax Act, 1893 Public Act 206, MCL 211.1 to 211.157.

(c)

A person who knowingly violates Part 91, the Rules or this article shall be issued a municipal civil infraction citation authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and section 1-10 of the Code of Ordinances. If found responsible, the respondent shall be subject to the penalties provided for Municipal Civil Infractions in section 1-10 of the general penalty provisions of the Code of Ordinances.

(d)

Any civil fines collected under this section shall be deposited with the township in the township's general fund. If necessary, the township reserves the right to review fines periodically and adopt a fine schedule by resolution.

(e)

In addition to the penalty which may be assessed under this article, a person who violates Part 91 or the Rules is liable to the state for damages for injury to, destruction of, or loss of natural resources resulting from the violation. The court may order a person who violates Part 91, the Rules or this article to restore the area or areas affected by the violation to their condition as existing immediately prior to the violation or otherwise order abatement of the conditions and activities giving rise to any violation.

(f)

In addition to any sanctions or remedies expressly authorized under this article, any penalties, sanctions or remedies authorized by The Revised Judicature Act, as amended, Chapter 87, MCL 600.8701 et seq., may be imposed as well including injunctive, equitable and declaratory relief.

(Ord. No. C-721, § 1, 3-3-08; C-841, § 1.H, 2-24-25)