General Ordinances - City of New Buffalo

CITY OF NEW BUFFALO
CODE OF ORDINANCES
ARTICLE III. SOIL EROSION AND SEDIMENTATION CONTROL.
Section 5-6. Agency designation. [Ord. 137, 7/30/2002]
The Water Department and the GRSD Sewer Authority shall be the municipal enforcing agencies responsible for the
administration and enforcement of Part 91, Soil Erosion and Sedimentation Control of the Natural Resources and
Environmental Protection Act, 1994, PA 451, as amended (part 91), within the City of New Buffalo. The
Administrative Rules promulgated under authority of Part 91 are hereby incorporated by reference.
Section 5-7. Reserved.
Section 5-8. When plan required.
Before ground breaking of any construction project in the City involving one (1) or more acres of land or within
five-hundred (500) feet of any lake or stream, an erosion and sedimentation control plan shall be submitted to the
Building Inspector in accordance with the rules of the state Department of Water Resources Commission herein
above adopted.
Section 5-9. Review of plans.
Upon payment of the necessary fees to the City, in accordance with fee schedule to be determined by the City
Council, as amended from time to time by resolution, the submitted plans shall be reviewed and approved and a
permit shall be issued, provided the plans meet with the standards of the Berrien County Soil Conservation District,
which have been adopted by reference, to prevent soil erosion at all major construction sites within the City in
excess of one (1) acre (except isolated single family dwellings) and within five-hundred (500) feet of any lake or
stream.
Section 5-10. Inspections.
The Water Department and /or the GRSD Sewer Authority shall inspect a proposed construction site prior to the
commencement of construction, during the course of construction, and at the completion of the construction project.
Said officer shall have the authority and duty to issue cease and desist orders whenever a violation is observed of the
rules set forth in the Soil Erosion and Sedimentation Control Act.
Section 5-11. Bond provisions.
A grading permit shall not be issued unless the permittee shall first post with the Water Department and/or the
GRSD Sewer Authority a bond executed by the owner and a corporate surety with authority to do business within
this state as a surety. The bond shall be in a form approved by the City Attorney payable to the City and in the
amount of the estimated total cost of all temporary or permanent soil erosion control measures. The total cost shall
be estimated by the Water Department or the GRSD Sewer Authority. The bond shall include penalty provisions for
failure to complete the work on schedule as specified on the grading permit. In lieu of the surety bond, the applicant
may file with the City a cash bond or an instrument of credit approved by the City Attorney in the amount equal to
that which would be required for the surety bond. Every bond and instrument of credit shall include and every cash
deposit shall be made on the condition that the permittee shall comply with all of the provisions of this Article and
all of the terms and conditions of the grading permit and shall complete all of the work contemplated under the
grading permit within the time limit specified in the grading permit or if no time limit is specified, within onehundred
eighty (180) days after the date of the issuance of the grading permit.
Chapter 5-BUILDING AND CONSTRUCTION 5-4