Definitions. 5 Standards. Charter Township of West Bloomfield clearzoning

Transcription

1 than ten (0) feet to a street rght-of-way lne. E. Satellte televson dsh antennas are permtted subject to the provsons of Secton and requre a buldng department permt pror to placement on any resdental zoned ste. 4. Regulatons for accessory buldngs and structures ncludng anmal enclosures n the RM Multple Famly resdental dstrcts: A. In the RM-6, RM-9 and RM-2 multplefamly resdental dstrcts satellte televson dsh antennas are consdered to be accessory structures and may be permtted only wth the approval of the plannng commsson. B. A buldng or structure accessory to a resdental buldng shall not be erected n the requred front, sde or rear yard (permeter) of a multple development. C. Landscapng and/or screenng of the accessory buldng or structure may be requred by the plannng commsson. 5.2 ACCESS TO MAJOR OR SECONDARY THOROUGHFARE TO ALLOW ACCESS TO A SIDE STREET UNDER CERTAIN CONDITIONS Whenever ths chapter requres users to have drect access or ngress and egress to a major or secondary thoroughfare, access drveways may be permtted to other than a major or secondary thoroughfare or freeway servce drve where such access s provded to a street where the property drectly across the street from such drveway and all property abuttng such street between the drveway and the major or secondary thoroughfare or freeway servce drve s zoned for multple-famly use or any nonresdental uses, s developed wth permanent uses other than sngle-famly resdences or s an area whch n the opnon of the plannng commsson wll be used for other than sngle-famly purposes n the future. Ths excepton shall apply only f the plannng commsson fnds that there are specal crcumstances whch ndcate that there wll be a substantal mprovement n traffc safety by reducng the number of drveways to a thoroughfare. 5.3 CORNER CLEARANCE No fence, wall, shrubbery, sgn, landfll or other obstructon to vson above the heght of three (3) feet from the establshed street grades shall be permtted wthn the trangular area formed at the ntersecton of any street rght-of-way lnes by a straght lne drawn between the rght-of-way lnes at a dstance along each lne of twenty-fve (25) feet from ther pont of ntersecton. 5.4 ENVIRONMENTAL FEATURES SETBACK. Intent and purpose. It s the ntent of ths artcle to requre a mnmum setback from envronmental features, and to regulate property wthn such setback n order to: A. Prevent physcal harm, mparment and/or destructon of or to an envronmental feature. It has been determned that, n the absence of such a mnmum setback, ntrusons n or onto envronmental features would occur, resultng n harm, mparment and/or destructon of envronmental features contrary to the publc health, safety and general welfare. B. Acheve the followng objectves n relaton to setback areas:. Protect unque wldlfe habtat and habtat transton, ncludng, wthout lmtaton, feedng, nestng, restng and travelng areas for numerous anmals.. Protecton of surface water runoff and water qualty for polluton preventon purposes, and assstance n benefcal water recharge for drnkng, rrgaton and other purposes.. Provde water storage area n s t o r m events. v. Provde areas whch are unque due to geographc relatonshp to envronmental feature. v. Preserve aesthetc vews and areas for the enjoyment of natural resources. v. Preserve threatened and endangered speces habtat, ncludng upland speces. v. Reduce the need for on-ste and offste stormwater storage capacty based upon the avalablty of a greater area of absorpton and a smaller mpervous area. v. Stablze and protect sol resources, ncludng the preventon of eroson and prohbton of loss due to movng water resultng n destructon of upland, structures and nfrastructure on the upland, and preventon of the Charter Townshp of West Bloomfeld clearzonng 5-7

2 alteraton of the course of movng waters. Ths regulaton s based on the polce power, for the protecton of the publc health, safety and welfare, ncludng the authorty granted n the Enablng Act. It s recognzed that there s a specal relatonshp between envronmental features and the adjonng upland n terms of: Spatal relatonshp; nterdependency n terms of physcal locaton, plant speces, anmal speces and an encouragement of dversty and rchness of plant and anmal speces; overland and subsurface hydrology; water table; water qualty; eroson or sedment deposton. 2. Regulaton. An envronmental feature setback shall be mantaned n relaton to all areas defned n ths secton as beng an "envronmental feature," unless, and to the extent, t s determned to be n the publc nterest not to mantan such a setback. 3. Authorzaton, prohbton and method of revew: A. The envronmental feature setback shall be an area or feature wth boundares and lmtatons determned n accordance wth the standards and provsons n ths secton n relaton to respectve types of envronmental features. B. In conjuncton wth the revew of plans submtted for authorzaton to develop property or otherwse undertake an operaton n, on or adjacent to an envronmental feature, applcable envronmental feature setbacks shall be determned, and authorzatons and prohbtons establshed, by the body undertakng the plan revew.. Whenever a permt s requred for a use or operaton that would not otherwse requre the revew and approval by the plannng commsson or townshp board, the plannng and envronmental drector shall refer the applcaton to the wetlands revew board, whch shall hold a publc hearng and modfy, approve or deny the applcaton wthn nnety (90) days after recept.. For those developments and operatons where the plannng commsson s the fnal approval authorty as defned n ths chapter or chapter 2 (subdvson and land dvson), the plannng and envronmental drector shall refer the applcaton to the plannng commsson, whch shall hold a publc hearng n accordance wth Secton and shall modfy, approve or deny the applcaton wthn the tme requred to undertake the revew of the use or operaton.. In any nstances, the revew of an applcaton to perform work wthn an envronmental feature setback shall be done n conjuncton wth an applcaton, f any, to perform work wthn the envronmental feature tself. v. In all cases n whch the wetlands revew board s not the fnal decsonmakng body, the wetlands revew board shall make a recommendaton pror to a fnal decson beng made. For such purposes, pror to a fnal determnaton, a copy of the meetng agenda and publc hearng notce shall be provded to the members of the wetlands revew board. In connecton wth the publc hearng to be conducted by the revew body, the wetlands revew board shall appear and be enttled to partcpate fully n the delberatons of the decson makng body. Whle such decsonmakng body shall be the decson maker for all purposes, the wetlands revew board shall, pror to fnal decson, separately vote to provde ts recommendaton on the applcaton. The vote of the wetlands revew board shall be recorded n the mnutes of the decson-makng body. The decsonmakng body shall follow the recommendaton of the wetlands revew board, unless there s clear and convncng nformaton presented at the hearng that the recommendaton of the wetlands revew board s clearly erroneous based upon the applcaton of the revew crtera for decsons on the applcaton. If the decson-makng body does not follow the recommendaton of the wetlands revew board, the decson-makng body shall nclude n ts mnutes the reasons why the wetlands revew board recommendaton was not followed. 5-8 Charter Townshp of West Bloomfeld clearzonng

3 C. Wthn an establshed envronmental feature setback, unless and only to the extent determned to be n the publc nterest by the body undertakng the plan revew, there shall be no: removal, deposton or assembly of materals or structures, permanent or temporary, above or below the surface of the land or water, ncludng, but not lmted to, houses, buldngs, plants, bulkheads, pers, docks, rafts, landngs, dams or waterway obstructons; removal of any sols, mnerals or vegetaton; dredgng, fllng or land balancng; or constructng or undertakng seasonal or permanent operatons. Ths prohbton shall not apply wth regard to those actvtes exempt from ths prohbton, below. D. In determnng whether the proposed constructon or operatons are n the publc nterest, the beneft whch would reasonably be expected to accrue from the proposal shall be balanced aganst the reasonably foreseeable detrments of the constructon or other operaton, takng nto consderaton the local, state and natonal concern for the protecton and preservaton of the envronmental feature n queston. The followng general crtera shall be appled n undertakng ths balancng test:. The relatve extent of the publc and prvate need for the proposed actvty.. The avalablty of feasble and prudent alternatve locatons and methods to accomplsh the expected benefts from the actvty.. The extent and permanence of the benefcal or detrmental effects whch the proposed actvty may have on the publc and prvate use to whch the area s suted, ncludng the benefts the envronmental feature or envronmental feature setback provdes. v. The probable mpact of the proposed constructon or operaton n relatng to the cumulatve effect created by other exstng and antcpated actvtes n the envronmental feature to be protected. v. The probable mpact on recognzed hstorc, cultural, scenc, ecologcal or recreatonal values and on fsh, wldlfe and the publc health. v. The sze and quantty of the envronmental feature setback beng consdered. v. The amount and quantty of the remanng envronmental feature setback. v. Proxmty of the proposed constructon or operaton n relaton to the envronmental feature, takng nto consderaton the degree of slope, general topography n the area, sol type, dranage, eroson and sedmentaton control, type of vegetaton and the nature of the envronmental feature to be protected. x. Economc value, both publc and prvate, of the proposed constructon or operaton, and economc value, both publc and prvate, f the proposed constructon or operaton were not permtted. x. Mtgaton and the other applcable envronmental desgn crtera and standards n Subsecton E. E. Mtgaton and envronmental desgn crtera and standards. As used n ths secton, mtgaton means actons desgned to compensate for or offset mpacts from operatons to or n the area for whch a use permt s requested. Complance wth the applcable desgn crtera and standards n ths secton, as determned by the envronmental department drector, shall be requred for a mnor project to be consdered for approval by an admnstratve permt under Subsecton B and may be requred for other use permts by the entty wth fnal approval authorty n the absence of a demonstraton by the applcant that complance wth a partcular desgn crtera or standard s not feasble and prudent or s not necessary to assure that the operaton wll cause the least possble damage and encroachment or nterference wth the envronmental features setback and the natural resources and natural processes wthn the watercourse and wetland areas n the townshp. References n ths secton to the "wetland/ envronmental mtgaton manual" means a wrtten document that s mantaned and avalable to the publc at the envronmental department contanng defntons of terms and detaled or techncal lsts, descrptons, Charter Townshp of West Bloomfeld clearzonng 5-9

4 characterstcs, methods and other nformaton referred to n ths chapter that have been recommended by the drector and approved by resoluton of the townshp board for use and reference n the admnstraton and enforcement of ths secton.. The mtgaton area whch shall be at least as large as the area of dsturbance (: mtgaton rato), shall not exceed 0.5 acres n sze and shall be on the same ste as the proposed operaton for whch a permt s requred. Off-ste mtgaton may not be approved by an admnstratve permt.. Plans for mtgaton are requred and shall nclude all of the followng: a. A descrpton of the topography, sols, hydrology, and vegetaton. b. The acreage to be restored, created, or preserved by ecologcal type. c. Cut and fll volumes. d. A descrpton of the ecologcal types, hydrology, sols, and vegetaton of the wetlands to be mpacted. e. A descrpton of the adjacent protected resource wetland and/ or watercourse. f. Exstng condtons plan that ncludes topographc nformaton (one () or two (2) foot contour ntervals), roads, trals, structures, property lnes, drectonal arrows, scale, and the exact sze and boundares of exstng envronmental features setback, wetlands, streams, and 00-year floodplan. g. A plan vew showng all of the proposed condtons of the mtgaton ste ncludng all contour elevatons (at one () foot contour ntervals), structures, the type and sze of all proposed wetland areas, property lnes, drectonal arrows, scale, the conservaton easement area, and the proposed method of demarkng the envronmental features setback. h. Cross-sectons showng the exstng and proposed grades.. Landscape plan whch ncludes a plan vew, nstallaton methods, plantng lst that specfes plant type, speces lst wth scentfc and common names, sze, and quantty as well as dstrbuton wthn the mtgaton areas n accordance wth the wetland/ envronmental mtgaton manual. j. Schedule and constructon methods: A schedule and methods for completon of the mtgaton ste must be provded (e.g., ntaton, plantng, completon). The ste preparaton and sol eroson/sedmentaton control methods to be used durng constructon should be descrbed. k. Long-term protecton plan: A preservaton notce and an accompanyng recordable sze ste plan ndcatng the wetland, envronmental features setback area, and 00-year floodplan must be provded.. Only natve/ndgenous trees, shrubs, grasses, sedges, forbs, vnes and other herbaceous plants approved by the envronmental department drector pursuant to the wetland/ envronmental mtgaton manual, may be planted n floodplans, floodways, wetlands, watercourses, woodland or tree preservaton areas and envronmental features setback areas. v. The locaton of structures (permanent or temporary) s not allowed wthn recorded and/or townshp establshed preservaton areas or easements. v. No drect dscharge of storm water, sump water or wastewater s permtted to wetlands, watercourses, woodlands/woodland preservaton areas and envronmental features setback areas. v. Seawalls must meet the followng desgn standards: a. Any type must be nstalled at or above the ordnary hgh water mark of a watercourse. 5-0 Charter Townshp of West Bloomfeld clearzonng

5 b. Exstng vertcal and horzontal contours of the shorelne shall be mantaned. c. Vertcal seawalls (steel or vnyl) are not permtted where vertcal walls do not currently exst. d. Boulder seawalls wll be nstalled on a : slope (forty-fve (45) degree angle), approved geotextle fabrc shall be nstalled behnd the proposed seawall, and approved stone backfll shall be used to provde adequate dranage. e. Four- to eght-nch dameter natural cobblestone must be placed (mnmum wdth of twelve (2) nches) at the toe of the entre length of the seawall. v. Impervous surfaces can not exceed twenty-fve (25) percent of an envronmental features setback area and must be constructed such that runoff s drected away from watercourses and wetlands or to a natve plant area to provde the maxmum nfltraton of storm water and runoff as possble. v. Trees wthn the envronmental features setback can be trmmed to a heght of twelve (2) feet and herbaceous and/or shrubs can be cut to a mnmum heght of four (4) feet for the creaton of a vewshed. x. Beach sandng must meet the followng desgn standards: a. The purpose of the fll s for the creaton, mprovement, or restoraton of swmmng areas and beaches. b. The fll s placed above the ordnary hgh water mark. c. The fll s ten (0) cubc yards or less and s completed as one complete project. d. The materal s from a source approved by the envronmental department drector and s clean, nonpollutng, free from debrs, organc materals, and waste metal products. e. The total area flled shall not exceed twenty-fve (25) percent of the envronmental features setback. x. Drveways must meet the followng desgn standards: a. Any upland on the property or other alternatves, such as obtanng a permanent easement for access from adjacent upland f avalable or a shared drveway shall be utlzed to the greatest degree possble. b. The locaton of the drveway s at the least damagng place on the property and creates the mnmum wetland mpact. c. No dtches may be placed n the wetland n assocaton wth the drveway. d. The drveway must termnate at a buldable upland ste. 4. Exempton and admnstratve permts. A. Exempton. If and to the extent the townshp s prohbted by ts ordnance or law from regulatng or prohbtng the proposed actvty n or on the respectve envronmental feature, regulaton under ths artcle shall be exempt. B. Admnstratve permts. permts may be approved admnstratvely as provded n ths subsecton for the nstallaton of natve plants lsted n the wetland/ envronmental mtgaton manual, on any property or for proposed operatons on or n connecton wth the lawful use of a sngle-famly resdental property that has receved and s or wll be n complance wth the condtons of all other requred townshp permts or approvals and that does not nvolve, nclude or propose any of the followng as determned by the envronmental department drector upon revewng a use permt applcaton:. Operatons by or on behalf of a publc agency or utlty for purposes other than mantenance or repar of exstng structures.. Operatons that requre ste plan approval under the zonng ordnance.. New home constructon. v. More than twenty-fve (25) percent mpact on the exstng envronmental features setback area. Charter Townshp of West Bloomfeld clearzonng 5-

6 v. A net loss of the functon or value of a resource protected by ths chapter. v. Operatons that have already been commenced, meanng that after-thefact permts may not be approved admnstratvely. v. Property that exsts n volaton of townshp or state laws or ordnances or upon or for whch there are unsatsfed townshp permt or approval condtons. v. Operatons allowed but not commenced and/or completed under a pror use permt approval that has expred n the last sx (6) months. C. Admnstratve permt applcatons. An applcant may request an admnstratve permt by ncludng the followng n or wth the applcaton:. Agreement to all of the permt terms and condtons n Subsecton All plans, documents, agreements and nformaton necessary to establsh complance wth all of the mtgaton and envronmental desgn crtera and standards n Subsecton E.. Agreement to the standards and procedures n Subsecton D, ncludng the envronmental department drector's dscreton to deny an admnstratve permt and refer the applcaton to the wetland revew board as a new use permt applcaton for purposes of any applcable tme perod for decsons. v. A copy of any contract for the work that dentfes the cost and contractor and f there s no contract, an accurate cost estmate for the work and dentfcaton of the contractor who wll be performng t. v. An acknowledgment and agreement by the owners of the property to the recordng wth the regster of deeds of a preservaton notce for the areas of the property subject to regulaton under ths secton. v. An acknowledgement and agreement by the owners of the property that pror to ssuance of the admnstratve permt, the property must be posted as beng the subject of a pendng permt request, that the proposed work and mtgaton areas must be accurately staked and marked and that photographs of the property wll be taken and avalable for publc nspecton at the envronmental department. D. Admnstratve permt revew. The envronmental department drector shall revew an applcaton for an admnstratve permt to determne f t s complete, and f t s not, shall provde wrtten notce to the applcant of the addtonal requrements. If upon recevng and confrmng an applcaton to be complete, the envronmental department drector determnes that an admnstratve permt should be ssued, he shall proceed as provded n Subsecton E. If upon recevng and confrmng an applcaton to be complete, the envronmental department drector determnes that the proposed operatons warrant a broader revew or beleves that feasble and prudent alternatves exst, he shall provde wrtten notce to the applcant that the admnstratve permt s dened and refer the applcaton to the wetland revew board as a new use permt applcaton for revew and decson as provded n Subsecton B. E. Admnstratve permt notce. Upon determnng that an admnstratve permt should be ssued, the envronmental department drector shall provde wrtten notce of that determnaton by frst class mal to all persons and assocatons enttled to notce of a publc hearng under Subsecton , and to the members of the wetland revew board n the manner they desgnate. The notce shall also be gven to the publc by postng on the townshp's cable televson staton and web ste and the envronmental department drector shall cause the property to be posted wth a notce that t s the subject of a pendng admnstratve permt request. In addton to the applcant's name, property address and descrpton of the proposed operaton, the notce shall also ndcate:. That the applcaton s avalable for nspecton at the envronmental department durng hours the townshp offces are open.. The date on or after whch envronmental department drector may ssue the admnstratve permt 5-2 Charter Townshp of West Bloomfeld clearzonng

7 whch shall be at least twenty-one (2) days after the date the notce s gven.. Explan the rght of persons, assocatons and wetland revew board members enttled to the notce, to fle wrtten objectons or challenges to the admnstratve permt on or before the date of ntended permt ssuance and that such objectons or challenges must be based on and nclude some substantaton for clams that the envronmental department drector has not properly nterpreted and/or appled ths secton n determnng that the permt should be ssued, that the proposed operatons warrant a broader revew by the wetland revew board for specfed reasons, or that specfed feasble and prudent alternatves exst. F. Admnstratve permt decson. If no objectons or challenges descrbed n Subsecton E. are fled wthn the tme allowed, the envronmental department drector shall approve the admnstratve permt for ssuance subject to the appeal perod under Subsecton If objectons or challenges descrbed n Subsecton E. are fled wthn the tme allowed, the envronmental department drector shall provde copes to the applcant and may:. Approve the admnstratve permt for ssuance subject to the appeal perod under Subsecton , and shall provde wrtten notce to all persons or assocatons that fled objectons or challenges of the decson and ther appeal rghts; or. Upon determnng that the challenges or objectons may have mert, provde wrtten notce to the applcant that the admnstratve permt s dened and refer the applcaton to the wetland revew board as a new use permt applcaton for revew and decson as provded n Subsecton B. G. Admnstratve permt requrements. An admnstratve permt shall nclude a deadlne for performance of the operatons and mtgaton establshed by the envronmental department drector and shall not be ssued untl the applcant has provded a cash bond, rrevocable letter of credt, secured promssory note or other form of performance guarantee approved by the townshp board, for one hundred twenty-fve (25) percent of the cost of the work to assure the satsfactory and tmely completon of the operatons and mtgaton and whch shall be avalable to and enforceable by the townshp for that purpose upon the applcant's default. H. Admnstratve permt appeals. Approval of an admnstratve permt may be appealed to the townshp board n the same tme and manner and subject to the same process as provded n Subsecton by a property owner or occupant or subdvson or lake assocaton that would be enttled to receve notce under that subsecton. 5. Setback standards. Unless otherwse determned by the body undertakng the plan revew, the followng setbacks shall apply: A. A twenty-fve-foot setback from the boundary or edge of a wetland. B. A twenty-fve-foot setback from the ordnary hgh water mark of a watercourse. 6. Appeal of approval or denal. A decson on an applcaton regardng a use permt applcaton under ths secton may be appealed only to the townshp board and provded such appeal s receved n wrtng by the townshp clerk wthn twenty-one (2) days of such decson. Notce that a tmely appeal has been made shall be sent by frst-class mal by the townshp clerk to property owners and occupants wthn three hundred (300) feet of the property on whch the requested constructon or operaton s to take place. Such notce shall also be sent to all subdvson assocatons and lake assocatons regstered wth the townshp that are contguous to the property or envronmental feature affected and members of the body that revewed and decded upon the applcaton. The notce shall ndcate that an appeal hearng has been requested, use permt beng appealed, the appellant's name and address; and the tme, date and locaton of the hearng. A synopss for the notce shall also be publshed n at least two (2) of the legally approved newspapers of general crculaton n the townshp. 7. Condtons of ssuance: A. All operatons permtted or approved by use permts shall be conducted n such a manner as wll cause the least possble damage and encroachment or nterference wthn the envronmental feature setback Charter Townshp of West Bloomfeld clearzonng 5-3

8 and wth the natural resources and natural processes wthn the watercourses and wetland areas n the townshp as defned n ths chapter. B. Unless the fnal permt approval by the wetland revew board, plannng commsson or townshp board specfcally decdes otherwse, all of the standards, terms and condtons contaned n Subsecton I shall apply and be consdered a part of every use permt approved and ssued under ths secton. In addton, a use permt approval by the townshp may:. Impose such condtons n the manner and extent of the proposed operaton/ development use or structure or use actvty as are necessary to ensure that the ntent of ths secton s carred out;. Fx a reasonable tme for the undertakng and completon of all operatons; and. Requre a cash bond or rrevocable letter of credt n such form and amount as determned necessary by the townshp to ensure complance wth the use permt. C. The revew and approval of an applcaton to conduct an actvty wthn an envronmental feature setback may be done concurrently wth the revew and approval of ste plans or subdvson plats. permts approved under ths secton shall expre wthn twenty-four (24) months of approval of the permt by the body undertakng the plan revew, the date of ssuance of such permt notwthstandng. D. Pror to commencement of work on the ste and contnung throughout the duraton of the project, a copy of the approved use permt whch contans the condtons of ssuance shall be posted on the ste n a conspcuous manner such that the wordng of the permt wll be avalable for publc nspecton. E. permts for seasonal operatons need not be renewed annually unless otherwse stated n the permt F. Any change whch ncreases the sze, scope, use or hours of operaton must be examned as a new operaton and shall requre the flng of a new use permt applcaton. G. Any temporary or permanent operaton whch s dscontnued for one year or any seasonal operaton whch s dscontnued for one season shall be consdered termnated and the use permt automatcally voded. H. A use permt shall be obtaned pror to the ssuance of buldng permts necessary for constructon. I. The followng terms and condtons shall apply and be consdered a part of every use permt approved and ssued under ths secton unless the fnal permt approval decson by the wetland revew board, plannng commsson or townshp board specfcally decdes otherwse. Admnstratve permts may not be approved wthout all these terms and condtons:. A preconstructon meetng between the pettoner and the envronmental department drector or envronmental department drector's desgnee and any contractors/subcontractors s requred pror to any constructon. A copy of the permt shall be posted n a vsble locaton onste.. At the tme of the preconstructon meetng, the exact locaton of the request must be measured n the feld by the envronmental department drector or envronmental department drector's desgnee and then feld staked by the pettoner or any contractor pror to nstallaton, whch for seawalls shall nclude the exact locaton of the ordnary hgh water mark (OHWM) whch shall be measured and documented usng benchmarks n the feld by the drector or drector's desgnee.. Sol protecton measures shall be nstalled pror to any constructon and be nspected by the envronmental department drector or envronmental department drector's desgnee for proper locaton and nstallaton. v. The pettoner and hs/her contractor (s) shall be responsble for mantanng all sol eroson and sedmentaton control measures throughout the duraton of the project wth daly nspectons. 5-4 Charter Townshp of West Bloomfeld clearzonng

9 v. No materals (organc or norganc), spols, and/or equpment shall be stored wthn the wetland, envronmental features setback area, and 00-year floodplan durng and after constructon. v. No drect dscharge of storm water, sump water, or wastewater unless pretreated s allowed to wetlands and/ or watercourses. Any exstng drect dscharge must be elmnated and dscharged n a locaton approved by the envronmental department drector or envronmental department drector's desgnee. v. No fll materal beyond the request shall be deposted wthn any wetland, envronmental features setback area and/or 00-year floodplan and the exstng vertcal and horzontal contours of the shorelne shall be mantaned n connecton wth all seawalls. v. Any and all fll utlzed for nstallaton shall be from an approved source. x. Any and all areas of mtgaton, restoraton, or plantng wthn a wetland, envronmental features setback area and 00-year floodplan shall be planted wth natve/ ndgenous plants (trees, shrubs, herbs, and/or vnes) only n accordance wth the wetland/ envronmental mtgaton manual. x. Ongong montorng by the envronmental department drector or envronmental department drector's desgnee shall be conducted wth nspecton reports recorded n the case fle. x. A fnal nspecton by the envronmental department drector or envronmental department drector's desgnee shall be conducted wth a report added to the case fle. x. The pettoner shall be responsble for the ntegrty of all landscapng materals n the mtgaton areas for a perod of twenty-four (24) months, and replace any vegetaton that des. x. Invasve and noxous plant eradcaton by herbcde applcatons must be completed by a certfed applcator wth documentaton of the work upon completon submtted to the envronmental department. xv. The pettoner shall be responsble for nstallaton of department approved preservaton sgnage. xv. The property owner(s) shall be gven a copy of the townshp's fertlzer ordnance. xv. A preservaton notce and an accompanyng recordable sze ste plan showng the wetland, envronmental features setback area, and 00-year floodplan shall be recorded for the property ndcatng that the preservaton methods have been employed to protect the envronmental features and cannot be dsturbed wthout a permt. xv. The pettoner shall place suffcent funds n an escrow account to cover the costs connected wth the applcaton, ncludng consultant fees, ssuance of a permt, and montorng. xv.the ntaton of any work on a permtted project confrms the permttee's acceptance and agreement to comply wth all terms and condtons of the permt. 8. Penaltes and enforcement: A. Any person found gulty of volatng any of the provsons of ths secton shall be punshed as provded n the Townshp s code of ordnances and may be cted for each day of volaton. The townshp, n addton to other remedes, may nsttute any approprate acton or proceedng to prevent, abate or restran the volaton. B. In addton to the provsons contaned here and above, the body undertakng the revew, at a formal meetng, shall have the authorty to drect the plannng and envronmental staff to notfy the supervsor that a stop work order shall be ssued upon any project for development, wth concurrence of the supervsor, when t s determned that a volaton has occurred. And f t s not ssued, the supervsor shall notfy the body undertakng the revew n wrtng wthn forty-eght (48) hours of the reason for non ssuance. Charter Townshp of West Bloomfeld clearzonng 5-5