General Ordinances - City of New Buffalo

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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
CITY OF NEW BUFFALO CODE OF ORDINANCES Section 5-12. Appeals. Any aggrieved party may appeal the order, requirement, decision, or determination of the said Water Department or GRSD Sewer Authority. Such appeal shall be filed with the Zoning Board of Appeals which is hereby designated and authorized to hear and decide such appeals under this Chapter where it is alleged by the aggrieved party that there is error in any order, requirement, decision, or determination made by the said Water Department or GRSD Sewer Authority in the carrying out of the provisions of this Chapter. Such appeal shall be filed with the Zoning Board of Appeals within ten (10) days of the date of such order, requirement, decision, or determination so appealed. Such appeal may be taken by any person, firm, or corporation aggrieved or by any governmental officer, department, board, or bureau affected by the decision of the Water Department or GRSD Sewer Authority. Such appeal shall be taken by filing a notice of appeal with the Zoning Board of Appeals on appropriate forms provided by the City, payment of the required fee, and shall specify the grounds for such appeal. The City shall forthwith transmit all papers constituting the records of such appeal to the Board. The Board may require the applicant to furnish such information as may be reasonably required to said Board for the proper consideration of the matter. Upon a hearing by the Board, any person or party may appear in person, or by agent, or by attorney. Chapter 5-BUILDING AND CONSTRUCTION 5-5
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General Ordinances - City of New Buffalo

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