§ 152.065. WETLAND USE PERMIT CONDITIONS.  


Latest version.
  • (A) As a condition of approval, the Township Board, upon consideration of recommendations from the Planning Commission, Township Wetlands Consultant or Township Planner, may attach reasonable conditions considered necessary to ensure that the intent of this chapter will be fulfilled, to minimize or mitigate damage or impairment to, encroachment in or interference with natural resources and processes within the protected wetland or to otherwise improve or maintain the water quality.
    (B) As a condition of approval, the Township Board may establish a reasonable time for undertaking and completing all proposed activities and improvements.
    (C) Following approval of a wetland use permit application, a wetland use permit shall be issued provided that the proposed activity complies with other ordinances and laws, and that all other required permits have been obtained.
    (D) As a condition of approval, the township may require the applicant to file with the Township Treasurer a performance guarantee in the form of cash, certified check or an irrevocable bank letter of credit, in amount determined necessary to ensure compliance with the wetland use permit.
    (E) The Township Board shall not approve a wetland use permit that allows more extensive alteration of the wetland than permitted by state or federal law.
    (F) A wetland use permit for a seasonal operation need not be renewed annually unless otherwise stated in the permit. Any temporary, seasonal or permanent operation that is discontinued for two or more seasons shall be presumed to have been abandoned and the wetland use permit automatically voided.
    (G) Any change in activity that increases the size or scope of the operation and that affects the criteria considered in approving the permit shall require the filing of a new wetland use permit application. The activity shall not commence prior to issuance of a new wetland use permit.
    (H) (1) Any permit granted under this chapter may be revoked or suspended by the Township Board, after notice and an opportunity for a hearing, for any of the following causes:
    (a) A violation of a condition of the permit;
    (b) Misrepresentation or failure to fully disclose relevant facts in the application; and
    (c) A change in conditions that requires a temporary or permanent change in the activity.
    (2) All activity specified in a revoked or suspended permit shall cease until the township finds that the conditions that caused the revocation or suspension have been rectified.
    (I) An applicant who has received a wetland use permit shall comply with the following in connection with any construction or other activity on the property for which the wetland use permit has been issued:
    (1) Maintain soil erosion and sedimentation control structures and measures, including, but not limited to, silt fences, straw bale berms and sediment traps;
    (2) Maintain clear delineation of the protected wetlands so that the boundaries are visible to all construction workers; and
    (3) Have available on the site, prior to commencement of work on the site and continuing throughout the duration of the project, a copy of the approved wetland use permit containing the conditions of issuance.
    (J) The wetland use permit shall remain effective for a time period coincidental with any other land use permit reviewed and approved concurrent with the wetland use permit. If applied for in writing prior to the expiration date and concurrent with the expiring land use permit, the Township Board may grant a wetland use permit extension that corresponds to additional time granted for the underlying land use permit. The maximum number of extensions shall coincide with the maximum number allowed for the underlying land use permit. Where there is no other activity or permit involved, the wetland use permit shall remain effective for one year, with the opportunity for one-year extensions; provided that, the extension is requested in writing prior to expiration of the permit.
    (Ord. passed 3-5-2002)