CONTENTS
I. 'DEFINITIONS' ARTICLE — Insert unique
shoreline definitions, included in the overlay language, into your zoning
ordinance’s ‘Definitions’ article.
II. 'DISTRICT AND MAPS' ARTICLE — Add the shoreline protection overlay
boundary into your ‘Map’ article.
III. 'GREAT LAKES SHORELINE PROTECTION
OVERLAY ZONE' ARTICLE Add a new article to your ordinance called ‘Great
Lakes Shoreline Protection Overlay Zone’ as a new zoning district. This is
‘model’ language that communities should use as guiding principles.
IV. 'SITE PLAN REVIEW' ARTICLE — If
your township already has a site plan section, it might be best for local
officials to put the shoreline site plan review process additions into your
existing site plan review article. These additions will simply supplement the
existing language in the Site Plan Review section of your ordinance, to protect
your community’s valuable coastal resources.
ARTICLE I.
DEFINITIONS
When adopting any
technical zoning amendment it is important to include definitions of any terms
introduced that have specific lega
Foredune
Crest
A foredune is
the first dune landward of the ordinary high water mark, generally not
stabilized with mature vegetation. The crest of the foredune is the highest
elevation, and frequently changes over time due to wind erosion.
Mature Forested Vegetation
This can be
defined as trees, generally grouped or in a line, of a minimum diameter at
breast height (dbh). A dbh of 4 inches is a reasonable minimum size for most
mature forested vegetation.
Ordinary High Water Mark
The ordinary
high water is established legally by the U.S. Army Corps of Engineers for all
of the Great Lakes. The 1986 lake level is generally considered the most
reasonable high water mark to use for legal definitions.
Principle
Structure
A principle
structure is generally considered the structure necessary for the land use for
which a permit is being requested, usually a house or commercial building. It is distinguished from
accessory structures, which may include garages, sheds, storage buildings, or
equipment structures.
Steep Bluff
A bluff is
generally comprised of unsorted glacial till (sand, gravel, clay and cobbles)
that rises from the beach. A minimum height for a bluff from the beach to the
crest, is usually at least 10 feet. It may also be useful to define a minimum
slope for a bluff to be considered steep. A slope of 25% may be a reasonable
minimum, although bluffs are frequently much steeper.
ARTICLE II.
DISTRICTS AND MAPS
An overlay zone
boundary is an area that is specifically mapped out and zoned with extra
protective measures that coastal communities use to safeguard unique shoreline
resources. The overlay zone boundary describes the geographic area in which the
shoreline protection overlay requirements apply. The boundary shall be clearly drawn
on the official zoning district map.
There are two
approaches a township can implement into their zoning ordinance when creating a
protective overlay zone boundary, which are described below. Be certain to only
include the language from the boundary type selected.
Option 1: Resource-Based Variable Shoreline Protection
Overlay Boundary
A resource-based variable boundary is a line based on a
scientific inventory of natural shoreline features, such as wetlands, dunes,
bluffs, critical habitat, etc. The resource-based variable boundary approach
maps all important shoreline resources, and establishes the boundary line
sufficiently landward of them (approximately 200 feet) to ensure that any
development near these resources is within the overlay boundary.
Also, the resource-based variable boundary excludes areas
that may be closer than 500 feet from
the shoreline, if the area is less sensitive. The local unit of government
generally conducts the resource inventory with the assistance of a qualified
naturalist or biologist. This approach is more expensive, and requires more
complex mapping, but is also more effective at protecting the resource, and
fair to the property owner.
1. The Great
Lakes Shoreline Protection Overlay Zone includes all land lying within the
boundary depicted on the Official Zoning Map for (insert local government name). This boundary extends across all
underlying zoning districts. The boundary was established based on a scientific
inventory of coastal resources, which is available for review at the government
office. The boundary is set at least 200 feet back from any sensitive resource,
as delineated in the inventory.
Option 2: Fixed-Distance Shoreline Protection Overlay Boundary
A fixed-distance boundary is a line that is drawn parallel
to the shoreline or ordinary high water mark at a fixed distance. It should
extend across all zoning districts along the Great Lakes shoreline. The
distance a community selects is discretionary, although 500 feet is generally
recognized as a minimum distance to protect coastal features. This
one-distance-fits-all boundary may leave some valuable shoreline resources
unprotected if they fall further than the fixed distance from shore. However,
this is the simplest and most inexpensive approach to establishing a shoreline
overlay boundary.
2. The Great Lakes
Shoreline Protection Overlay Zone includes all land lying within 500 feet of
the 1986 U.S. Army Corps of Engineers High Water Mark, and as depicted on the
Official Zoning Map for (insert local
government name). This boundary extends across all underlying zoning
districts.
When adopting shoreline protection zoning provisions, the community
should clearly identify the goals and purpose of the new regulations. Ideally,
the community master plan describes and supports the purpose statement for new
zoning regulations. If supporting
language for shoreline protection is not contained in the community master
plan, an amendment to incorporate it is recommended. The language below
describes many of the attributes shoreline communities value, but the wording
that your community adopts should reflect local interests and issues.
1. The provisions of the Great
Lakes Shoreline Protection Overlay Zone are intended to protect the unique and
sensitive natural environment of the lake shore areas adjacent to the Great
Lakes in (insert local government name
here). Its purpose is based on the recognition that:
a) The
economic and environmental well being and health, safety, and general welfare
of (insert local government name here)
is dependent on, and connected with the preservation of its Great Lakes
shoreline areas;
b) The
shoreline zone has unique physical, biological, economic, and social
attributes;
c) Future
land development and redevelopment should not be conducted at the expense of
these attributes;
d) Property
values will be enhanced when the natural features of the shoreline zone are
preserved;
e) Pollution,
impairment or destruction of the shoreline area and the adjacent bottomlands
and waters of Lake should be prevented or minimized.
Section 1.2 General Requirements
This section describes the general requirements for
conducting any land use changes in the Shoreline Overlay Zone. It gives the
local zoning authority significant assurance that all other agencies have
approved the necessary environmental reviews. This section allows local zoning
officials to adopt the conditions of any other approved permits as a part of
their own zoning permit approval. This means that if any other reviewing
agency, such as the County Health Department, Michigan Department of
Environmental Quality, or Soil Erosion Inspector places conditions on the
approval of their permit, the local government can also enforce those same
conditions as their own. This allows the local government to enforce the
conditions of these other permits, which may be important in instances where
state or county enforcement is not adequate.
1.2.1 Allowable
Uses
1. All uses
allowed in the zoning districts of this ordinance shall comply with the
standards set forth in this section regulating activity within the Shoreline
Protection Overlay Zone. These requirements shall be considered in addition to
use restrictions or other applicable regulations for each zoning district.
These requirements only apply to properties that fall within the Shoreline
Protection Overlay Zone, as described in Article II and shown on the zoning
districts map.
2. In the event
that regulations imposed by this ordinance conflict with regulations of an
underlying zoning district, the regulations established by this ordinance shall
prevail to the extent of the conflict and no further.
ARTICLE III:
CON'T
1.2.2
Requirements to Receive Land Use Permit
1. Prior to any construction, earth
moving or removal of vegetation within the Great Lakes Shoreline Protection
Overlay Zone, and prior to the issuance
of any Land Use Permit, all of the following criteria must be met:
a) A site plan meeting the requirements outlined
in Article IV shall be submitted to the Zoning Administrator;
b) A land use permit shall be
withheld pending verification that the applicant has received all required
county, state or federal permits, including but not
limited to septic and water well permits; soil erosion and sedimentation
control permits; wetland permits; flood plain and culvert permits; driveway
permits; or building permits.
c) This ordinance is intended
to supplement, and not abrogate, the Michigan Department of Environmental
Quality’s authority over the review of applications and issuance of permits for
construction activities under the provisions of the Sand Dune Protection and
Management Act (Part 353, Natural Resources Environmental Protection Act, MCL
324.35301 et. seq); the Shore Lands Protection and Management Act, (Part 323,
Natural Resources Environmental Protection Act, MCL 324.32301 et. seq.), the
Endangered Species Protection Act (Part 365, Natural Resources Environmental
Protection Act, MCL 324.36501 et. seq.), and the Wetland Protection Act (Part
303, Natural Resources and Environmental Protection Act, MCL 324.30301 et.
seq.). If a permit or approval has been
issued by the State of Michigan for a building, structure, or any grading, filling,
earth moving, clearing, or removal of vegetation within the jurisdiction and
scope of regulations set forth above, a copy of such permit shall be filed with
the Zoning Administrator, and such permits or approvals shall be attached to
and made a condition of performance for any permit issued under this Ordinance;
2. If all of the
conditions above are met, a land use permit for the proposed activity shall be approved according
to the requirements and standards of this Ordinance.
Section 1.3
Setback Requirements
The setback
requirements suggested below are dependent on the shoreline resources found on
the property. The shoreline type could be delineated and mapped by a Coastal
Resource Inventory, and more specifically located on the applicant Site Plan.
If a local government has not conducted a Coastal Resource Inventory, the
burden to identify and delineate shoreline types and boundaries falls on the
landowner applicant, who may need to contract for professional assistance.
1.
All structures proposed to be built within the Great Lakes
Shoreline Protection Overlay Zone shall be set back according to the
requirements below, except for the following uses: pump houses, recreational
docks, storm water and erosion control devices, picnic tables, benches,
recreational watercraft, and stairways and walkways.
2.
Within the Shoreline Protection Overlay boundary, the
following setback requirements apply:
a)
No structure shall
be allowed within 75 feet of ordinary high water mark;
b)
On lots with a line of mature forested vegetation within
100 feet of the ordinary high water mark, the lakeshore side of the principal
structure shall be set back at least 20 feet landward from the edge of
predominantly forested vegetation;
c)
On lots lacking a line forested vegetation within 100 feet
of the ordinary high water mark (rocky
or sandy beaches), all structures except those specifically exempted above
shall be set back 100 feet from the 1986 High Water Mark.
d)
On lots with a foredune, no structure shall be constructed
within 25 feet of the crest of the first
lakeward sand dune;
e)
On lots with a steep bluff which begins within 100 feet of
the 1986 High Water Mark all structures shall be set back at least 50 feet from
the top of the bluff;
f)
On lots with coastal wetlands, a setback of 75 feet shall
be maintained from the wetland's edge.
3.
If a greater setback is required under the provisions of any state or
federal law than is required by this section, then such greater setback
requirement shall apply. Where the imposition of the setbacks in the above
table precludes the location of a dwelling or other primary structure, the
applicant may request a variance. Any variance must be obtained from the Zoning
Board of Appeals in accordance with Article (insert applicable number). No variance shall be granted for any use or
structure in violation of the intent and purpose of this Article.
Section 1.4 Coastal Vegetative Buffer Zone Requirements
Maintaining a natural strip of vegetation along the
shoreline is very important to maintaining the aesthetic character and
ecological integrity of the shoreline. However, to be effective, it requires
that property owners be made aware of the benefits of the buffer to prevent
future vegetation removal. These provisions, while extremely important, are
difficult to enforce over time. A local government should consider working with
other local landowner education organizations to maintain an educational
campaign about the benefits of vegetative buffers.
1.
Vegetative buffer zones protect water quality and shoreline
habitat, preserve scenic and aesthetic character, and control erosion and
flooding. To preserve the fragile and transient nature of the coastal
environment, a Coastal Vegetative Buffer Zone shall be maintained 100 feet
landward of the 1986 Ordinary High Water Mark. The vegetated zone with native
shoreline species shall serve as a natural transition between the shoreline and
adjacent upland development.
2. Within the Coastal
Vegetative Buffer Zone, natural vegetation shall be retained in a natural,
undisturbed condition. Only minimal alteration of vegetation using selective
pruning or thinning techniques necessary to obtain a view of the water shall be
acceptable. Removal of trees, shrubs, ground cover and other native vegetation
shall require review and approval of the Zoning Administrator to ensure impacts
to the coastal resources are minimized.
3. The following standards apply to the
Shoreline Setback Zone:
a)
Vegetation removal shall be limited to that amount
necessary for the development of the site. Protection of tree crowns and root
zones shall be required for all trees planned for retention;
b)
Vegetation shall be restored in areas affected by
construction activities. New vegetation must be indigenous to the Great Lakes
shoreline. Temporary vegetation, sufficient to stabilize the soil, may be
required on all disturbed areas as needed to prevent soil erosion. To stabilize
soil with root structures, stumps of trees cleared or harvested must remain
undisturbed in the ground
c) Tree removal
shall be limited to removal of fallen, dead or dangerous trees and selective
cutting of trees (trees removed must be at least 10 feet apart) to provide a
filtered view of the water. Cutting of trees on the parcel is limited to 30
percent, but clearings must be limited to 30 feet per 100 feet of the shoreline
width. Those trees to be removed shall be so identified and approved by the
zoning administrator.
4. In cases where native
vegetation does not exist within a buffer zone, the landowner is encouraged to
replant the buffer zone with native plant species.
ARTICLE IV. SITE
PLAN REVIEW
Property owners
already prepare site plans for other local officials, such as the county
sanitarian and the soil erosion control officer. To protect valuable views and
fragile shoreline resources, however, it is important for property owners within
the Shoreline Protection Overlay Zone to conduct a more thorough site plan
review. Such a site plan would map out where the applicant proposes to place
structures, where there are plans to clear vegetation, where the unique natural
features on the property are located, details of grading plans etc. The Site
Plan requirements for residential applicants are not designed to be burdensome
to the applicant, but are meant to give the zoning administrator or planning
commission enough information about the intended activity to ensure that the
natural integrity of the shoreline is protected.
Usually, commercial, industrial and other special uses are required to undergo a site plan review process. The shoreline protection overlay recommends that residential land uses also undergo site plan review. The standards and requirements outlined below are the minimum suggested for residential uses, and should not substitute for more strict existing requirements for commercial, industrial or special uses.
In order to legally review a site plan and require modifications, the
ordinance must clearly state the standards against which the Site Plan will be
reviewed. These standards must clearly
follow the intent of the ordinance, not be arbitrary or capricious, and define
the expectations of the reviewer as clearly as possible. These standards only
apply to developments in the shoreline overlay boundary, and should be
considered in addition to any site plan review standards in the existing
ordinance.
In addition to
Site Plan Review Standards set forth elsewhere in the (insert name of local government) Zoning Ordinance, the following
standards shall be considered by the Zoning Administrator or Planning
Commission when reviewing the Site Plan submission:
1.
The Site Plan shall demonstrate that the impact to fish,
birds, wildlife and native vegetation is minimized by preserving natural
habitat;
2.
The Site Plan shall demonstrate that erosion and
sedimentation shall be prevented, and that the risk of structural loss due to
future changes in lake levels is minimized;
3. The Site Plan shall
demonstrate that the natural character and aesthetic values of the shoreline is
maintained by minimizing the visual impact of the development;
4.
Site development shall be fitted to the topography and soil so as to
create the least potential for vegetation loss and site disturbance;
5.
All structures shall be located to maintain an open and
unobstructed view to the waterfront from adjacent properties, roadways and
pedestrian ways, to the maximum extent possible
Site Plan Data Required
If a site plan
is not required by the requirements of the underlying zoning district, one
shall be
submitted with an application for permit under this Ordinance. All applicants
shall submit Site Plans that contain the following information:
a)
Two complete sets of plans that show the placement of any
buildings or other structures, delineates a perimeter line encompassing all
proposed activities, and identifies the location and extent of the Shoreline
Protection Overlay Zone boundary;
b)
All shoreline types and coastal resources should be
identified, including bluff ridges, wetland boundaries, dune crest, ordinary
high water mark, and tree line (as defined by trees with a minimum of 4” dbh),
first landward boundary of native grasses, etc.;
c)
A description of outdoor lighting;
d)
A plan for controlling traffic to the lakefront, detailing
construction and maintenance of paths, stairs or boardwalks;
e)
A Grading Plan that delineates areas of cut and fill, and
identifies changes in topography and drainage.
If the area to be graded exceeds 2,500 square feet the applicant shall
submit a map showing the existing contours of the site and finished contours to
be achieved by grading. Contours shall be sufficiently detailed to define the
topography over the entire site (generally at two-foot intervals);
f)
Detailed drawings and descriptions of all temporary and
permanent soil erosion and sedimentation contro
g)
Detailed drawings delineating areas to be cleared of
vegetation before and during development activities, with area calculations and
descriptions of the vegetation to be removed, and detailed drawings and
descriptions of proposed vegetation restoration for those same areas;
h)
Detailed drawings that show the location of existing
structures on the property, as well as dwellings on neighboring parcels which
may be obstructed from a lakefront view by the proposed development;
i)
The Site Plan shall identify the location of property,
including a full tax identification number, location of the nearest public road
intersection, a north arrow and map scale;
j)
The Site Plan shall include the name, address, professional
status, license number (if applicable), and phone number of the person who
prepared the plan;
k)
If the area to be cleared of vegetation exceeds (5,000
square feet) a Natural Features Inventory and Biological Survey of the area
within a 25-foot buffer of the perimeter of proposed activity shall be
required. The Survey shall include a summary of plant species, and especially
identify any rare, threatened or endangered species, and identify the
likelihood of any rare, threatened or endangered wildlife using the property. A
qualified biologist shall prepare the survey.
Site Plan Review Procedures
1. On parcels with less than
120 feet of Great Lakes frontage, a permit for the construction of one single
family dwelling, or accessory buildings or structures to a proposed or existing
single family dwelling shall be subject to Site Plan review and approval by the
Zoning Administrator. The Planning Commission shall review and approve permits
for the construction of any commercial or industrial land use, or residential
applications for more than one dwelling, or any other structure, or clearing
and grading, or other earth removal activities on lots or parcels with more
than 120 feet of Great Lakes frontage.