Municipal Code

CHAPTER 1226 Wetlands and Watercourses

1226.01 Purposes and policies.
1226.02 Definitions.
1226.03 Application of chapter.
1226.04 Wetlands Map.
1226.05 Notice to Department of Natural Resources.
1226.06 Property inspection.
1226.07 Permits required.
1226.08 Permitted activities.
1226.09 Nonconforming activities.
1226.10 Wetlands determination.
1226.11 Permit application requirements.
1226.12 Review of permit applications.


1226.13 Standards re granting or denying permit applications.
1226.14 Protection of wetlands and watercourses during and after construction.
1226.15 Performance guarantees.
1226.16 Emergency remedy.
1226.17 Minimum requirement; conflicts of laws.
1226.18 Declaration of nuisance; abatement; equitable remedy.


CROSS REFERENCES
Ground waters - see S.U. & P.S. 1042.10(e)
Natural buffer zones - see P. & Z. Ch. 1266
Flood hazard areas - see B. & H. Ch. 1464




1226.01 PURPOSES AND POLICIES.
The wetlands and watercourses of the Village of Franklin are indispensable but sensitive natural resources, subject to flooding, erosion, soil bearing capacity limitations and other hazards. In their natural state, wetlands and watercourses serve multiple functions for flood control, storm water storage and release, pollution control, erosion control, wildlife habitat, aesthetics, open space and recreation. The continued destruction and loss of wetlands and watercourses constitute distinct and immediate dangers to the public health, safety and general welfare. These standards are intended to define wetlands and watercourses for the purpose of regulating uses within them, to develop use permit standards for the alteration of wetlands and watercourses, to develop regulations for the preservation and continued function of wetlands as a healthy ecological system, to establish an administrative procedure for review of development petitions involving wetlands and watercourses, to provide for the enforcement of this chapter and to prescribe penalties for violations thereof.
The Village finds that it is necessary to adopt this chapter in order to implement the goals and policies of the Village of Franklin General Development Plan for Land Use, dated December 14, 1977, in particular, Goal No. 8 and the policies which accompany it. It is, therefore, the policy of the Village of Franklin:
(a) To protect wetlands, watercourses and flood and natural retention basins, while taking into account varying economic, ecological, hydrologic, recreational and aesthetic values.
(b) To provide for the protection, preservation, replacement, proper maintenance and use of wetlands, watercourses and flood and natural retention basins located in the Village of Franklin in order to minimize disturbance to them and to prevent damage from erosion, siltation and flooding.
(c) To provide for the issuance of permits and approved activities.
(d) To establish standards and procedures for the review of proposed activities in wetlands and watercourses.
(e) To establish penalties for violations of this chapter.
(Ord. 190. Passed 5-9-94.)

1226.02 DEFINITIONS.
The following terms, phrases and words, and their derivatives, shall have the meanings given herein, unless the context otherwise requires:
(a) "Activity" means any use, operation, development or action caused by any person, including, but not limited to, constructing or erecting buildings or other structures; depositing or removing material; dredging; ditching; draining or diverting water; pumping or discharging surface water; grading; land balancing; and excavation.
(b) "Aquatic vegetation" means plants and plant life forms which naturally occur in, at, near, or predominantly near water.
(c) "Bottomland" means all land area of a lake, stream or watercourse which lies below the ordinary high water mark and which may or may not be covered by water.
(d) "Buffer area." No specific wetland buffer or construction setback from wetlands or watercourses is provided for under this chapter. Construction setbacks and setbacks from proposed structures and roadways are specified in the Zoning Code of the Village of Franklin.
(e) "Channel" means the geographical area within the natural or artificial banks of a watercourse required to convey continuously or intermittently flowing water under normal or average flow conditions.
(f) "Contiguous wetland" means those wetlands adjacent to a stream, drain, lake or pond. A pond consists of one acre or more of permanent, open water.
(g) "Drainageway" means any drain, pipe, stream, creek or swale which serves to transport water runoff to the primary watercourse system.
(h) "Fill material" means any soil, sand, gravel, rocks, clay, peat, debris, refuse, waste or any other material which displaces soil or water or reduces water retention potential.
(i) "Final wetland determination" means a formal, scientific inventory and analysis of a wetland or watercourse, by the Village consultants, to determine its boundaries, to describe its biotic and hydrogeologic setting and to suggest remedial measures or alternative designs to minimize disruption to the wetland resulting from proposed development.
(j) "Minor projects" means a proposed activity that would contribute ten cubic yards or less of fill material in a defined wetland or watercourse, such as installation of a utility, driveway or accessory building on an existing lot of record.
(k) "Ordinary high water" means the line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is markedly distinct from the upland and is apparent in the soil itself, in the configuration of the surface of the soil and in the vegetation. On an inland lake which has a level established by law, the term "ordinary high water mark" means the high establishing level. When water returns to its natural level as a result of the permanent removal or abandonment of a dam, the term means the natural ordinary high water mark.
(l) "Owner" means any person who has dominion over, control of, title to and/or any other proprietary interest in wetland and watercourse areas, or title to an obstruction, natural or otherwise, to wetland and watercourse properties.
(m) "Permit or use permit" means the Village approval required for any activity in a wetland or watercourse except those activities described in Section 1226.08.
(n) "Person" means any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind, including governmental agencies conducting operations within the Village of Franklin.
(o) "Preliminary wetland determination" means an in office review of existing wetland and watercourse inventories by the Building Official or another duly authorized representative of the Village.
(p) "Runoff" means surface discharge of precipitation to a watercourse or low area.
(q) "Seasonal" means any intermittent or temporary activity which occurs annually and is subject to interruption from changes in weather, water level or time of year, and may involve annual removal and replacement of a device or structure.
(r) "Structure" means any assembly of materials above or below the surface of the land or water, including, but not limited to, houses, buildings, bulkheads, piers, docks, landings, dams, waterway obstructions, towers and utility transmission devices.

(s) "Temporary" means a time period as specified in the use permit or, if unspecified, an uninterruptible time period less than one year in duration.
(t) "Upland" means the land area adjoining a lake, stream, watercourse or wetland above the ordinary high water mark, the uses of which are essentially nonaquatic.
(u) "Watercourse" means any waterway, drainageway, drain, river, stream, lake, pond or any body of surface water having beds, banks and continuous or intermittent flow.
(v) "Wetlands" means lands characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances do support, wetland vegetation or aquatic life and are commonly referred to as bogs, swamps or marshes.
(w) "Wetlands Map" means the Wetlands Map of the Village of Franklin, as amended and updated from time to time, a copy of which shall be on file with the Village Clerk.
(Ord. 190. Passed 5-9-94.)

1226.03 APPLICATION OF CHAPTER.
Those wetlands subject to the regulatory terms of this chapter include:
(a) An inland lake or pond, or river or stream, more than two acres in size.
(b) An inland lake or pond, or river or stream, one acre or more in size, if the Village determines that protection of the area is essential to the preservation of the natural resources of the Village from pollution, impairment or destruction and the Village has so notified the owner.
(c) All other wetlands which are one acre or more in size and are determined by the Village of Franklin to be essential to preservation of the natural resources of the Village. These wetlands must meet one or more of the following provisions:
(1) The site supports State or Federal endangered or threatened plants, fish or wildlife appearing on a list specified in Section 6 of the Endangered Species Act of 1974, Act 203 of the Public Acts of 1974, as amended, being M.C.L.A. 299.226.
(2) The site represents what is identified as a locally rare or unique ecosystem.
(3) The site supports plants or animals of an identified local importance.
(4) The site provides groundwater recharge documented by a public agency.
(5) The site provides flood and storm control by the hydrologic absorption and storage capacity of the wetland.
(6) The site provides wildlife habitat by providing breeding, nesting or feeding grounds or cover for forms of wildlife, waterfowl, including migratory waterfowl, and rare, threatened or endangered wildlife species.
(7) The site provides protection of subsurface water resources and provision of valuable watersheds and recharging groundwater supplies.

(8) The site provides pollution treatment by serving as a biological and chemical oxidation basin.
(9) The site provides erosion control by serving as a sedimentation area and filtering basin, absorbing silt and organic matter.
(10) The site provides sources of nutrients in water cycles and nursery grounds and sanctuaries for fish. (Ord. 190. Passed 5-9-94.)

1226.04 WETLANDS MAP.
(a) The wetlands are hereby established as shown on the Wetlands Map which accompanies original Ordinance 190, passed May 9, 1994, and which Map, with all notations, references and the information shown thereon, shall be as much a part of this chapter as if fully described herein. If, because of problems with scale or detail, there is any ambiguity as to whether a particular area is a part of a wetlands, that determination shall be made by the body or official reviewing the use or activity for that area. The Map shall include the location of designated lakes, streams, drains and vegetative wetlands. The purpose of such Map is to help identify major wetlands within the Village. The Wetlands Map does not create any legally enforceable presumptions regarding whether property that is or is not included on the Map is or is not in fact a wetland.

(b) The Village Council may revise the Wetlands Map at any time that new and substantial data for wetlands and watercourses are available. Where the Wetlands Map is amended and an individual property or several properties are affected, notice of the proposed amendment and hearing shall be given to all owners of such property or properties at least fifteen days before the hearing.
(Ord. 190. Passed 5-9-94.)

1226.05 NOTICE TO DEPARTMENT OF NATURAL RESOURCES.
The Village of Franklin shall notify the Department of Natural Resources of the State of Michigan of the adoption of this chapter. The Village shall enter into an agreement with the Department of Natural Resources providing for the exchange of information and for the coordination of the granting of permits, as required by the Goemaere Anderson Wetland Protection Act, Act 203 of the Public Acts of Michigan of 1979, as amended, being M.C.L.A. 281.708 or M.S.A. 18.595 [58], as amended.
(Ord. 190. Passed 5-9-94.)

1226.06 PROPERTY INSPECTION.
The Village of Franklin and its officials, agents and employees may make reasonable entry upon any lands or waters within the Village for the purpose of enforcement of this chapter or the conduct of any investigation, survey or study contemplated by this chapter.
(Ord. 190. Passed 5-9-94.)

1226.07 PERMITS REQUIRED.
Except for those activities expressly permitted by Section 1226.08, no person shall conduct any activity within a wetlands area without first having obtained a permit therefor upon proper application. Unlawful activities include, but are not limited to, the following:
(a) Depositing or permitting the depositing of any material, including, but not limited to, soil, hazardous chemicals, nonbiodegradable aquatic pesticides and herbicides, and harmful fertilizers into, within or upon any watercourse or wetland area.
(b) Dredging, removing or permitting the dredging or removal of soil, material or minerals from a watercourse or wetland area.
(c) Erecting or building any structure, including, but not limited to, houses, buildings, roadways, bridges of any type, tennis courts, other paving, utility or private poles, or towers within or upon any watercourse or wetland area.
(d) Constructing, operating or maintaining any land use or development in a wetland or watercourse area.
(e) Enlarging, diminishing or altering any lake, stream or other naturally occurring watercourse.
(f) Creating, enlarging or diminishing any natural or artificially constructed canal, channel, ditch, lagoon, pond, lake or other waterway for navigation or any other purpose, whether or not connected to an existing lake, stream or watercourse.
(g) Constructing, placing, enlarging, extending or removing any temporary, seasonal or permanent operation or structure upon bottomland or wetlands, except seasonal docks, rafts, diving platforms and other such water recreational devices customarily owned and used by individual households.
(h) Constructing, extending, enlarging or connecting any conduit, pipe, culvert or open or closed drainage facility carrying storm water runoff from any site, or any other land use permitting discharge of silt, sediment, organic or inorganic material, chemicals, fertilizers, flammable liquids or other polluting substances, except in accordance with requirements of County, State or Federal agencies and the Village of Franklin.
(i) Constructing, enlarging, extending or connecting any private or public sewage or waste treatment plant discharge to any lake, pond, stream, watercourse or wetland, except in accordance with requirements of County, State and Federal agencies and the Village of Franklin.
(j) Pumping surface water for irrigation or sprinkling of private or public uses, other than for individually owned single family residences, from lakes, ponds, rivers, streams or waterways, except when the water body is wholly contained within the user's property.
(k) Draining, or causing to be drained, any water from a watershed.
(l) Removing any trees, if such removal would adversely affect the nutrient cycle, sediment trapping or hydrologic functions of wetlands. When tree removal is necessary, said trees shall be replaced with like species and equivalent amounts.

(m) Developments that increase the use or density upon a wetland or watercourse that would threaten the natural character of the resource or produce a recreational impact beyond the capacity of the land and/or stream to provide for the health and safety of existing users.
(Ord. 190. Passed 5-9-94.)

1226.08 PERMITTED ACTIVITIES.
(a) Notwithstanding the prohibitions of Section 1226.07, the following activities are permitted within wetland areas without a permit, unless otherwise prohibited by statute, ordinance or regulation:
(1) Fishing, trapping or hunting.
(2) Swimming or boating.
(3) Hiking, horseback riding, birdwatching or other similar recreational activities.
(4) Grazing of animals.
(5) Education, scientific research and nature study.
(6) Maintenance or operation of serviceable structures in existence on the effective date of this chapter or constructed pursuant to this chapter.
(7) Construction or maintenance of stock ponds.
(8) Maintenance or improvement of public streets, highways or roads within the right of way and in such a manner as to assure that any adverse effect on the wetland will be otherwise minimized. Maintenance or improvement does not include adding extra lanes, increasing the right of way or deviating from the existing location of the street, highway or road.
(9) Maintenance, repair or operation of gas or oil pipelines and construction of gas or oil pipelines having a diameter of six inches or less, if the pipelines are constructed, maintained or repaired in a manner to assure that any adverse effect on the wetland will be otherwise minimized.
(10) Maintenance, repair or operation of electric transmission and distribution power lines and construction of distribution power lines, if the distribution power lines are constructed, maintained or repaired in a manner to assure that any adverse effect on the wetland will be otherwise minimized.
(11) Actions taken in times of emergency, including the repair or restoration of public roads, electrical lines, natural gas lines and storm drainage systems, when immediate action is necessary to protect public health or safety or to prevent damage to property. A person taking such emergency action shall, within fourteen days thereof, provide a report to the Village of Franklin Planning Commission describing the action taken and the nature of the emergency necessitating the action. The matter shall be reviewed by the Planning Commission, which shall make

a determination as to whether the resulting activity was reasonably necessitated by the emergency situation. To the extent the resulting damage exceeds that reasonably necessitated by the emergency situation, the person shall be subject to penalty.
(12) Installation on lakes or ponds, for noncommercial use, of any type of dock, boat hoist, ramp, raft or other recreational structure which is placed in a lake and removed at the end of the boating season.
(13) Improvement or maintenance of the Franklin River or its tributaries when such operations are organized or endorsed by the Village and specifically intended to preserve natural resources. Such permitted activities shall include, but not be limited to:
A. Removal of materials which may cause diverted flows and bank erosion, including the removal of trees, brush and debris;
B. Bank stabilization projects which require minimal disturbance of existing conditions; and
C. Wildlife and aquatic habitat improvement projects.

(b) Where a final subdivision plat or final site development plan containing work as defined in this chapter has been reviewed and approved by the Council in conformance with the requirements of this chapter, such approval, together with any additional terms and conditions attached hereto, shall be considered to have completed the requirements for a permit under this chapter, which permit shall then be issued by the Village of Franklin.

(c) After the effective date of this chapter, but immediately prior to the approval of a State program under Section 404 of Title 4 of the Clean Water Act of 1977, 33 U.S.C. 1344, where a project solely involves the discharge of fill material subject to the individual permit requirements of Section 4040 of Title 4 of the Clean Water Act of 1977, 33 U.S.C. 1344, an additional permit shall not be required by this chapter.
(Ord. 190. Passed 5-9-94.)

1226.09 NONCONFORMING ACTIVITIES.
An activity that was lawful before the enactment of this chapter, but which is not in conformity with this chapter, may be continued subject to the following:
(a) No such activity shall be expanded, changed, enlarged or altered in a way that increases its nonconformity with this chapter.
(b) On a building or structure devoted in whole or in part to a nonconforming use or activity, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of non bearing walls, fixtures, wiring or plumbing, to an extent not exceeding fifty percent of the assessed value of the building or structure.
(c) If a nonconforming activity is discontinued for twelve consecutive months, any resumption of the activity shall conform to this chapter.
(d) If any nonconforming use or activity is destroyed, it shall not be resumed except in conformity with the provisions of this chapter.

(e) Activities that are or become nuisances shall not be entitled to continue as nonconforming activities.
(Ord. 190. Passed 5-9-94.)

1226.10 WETLANDS DETERMINATION.
Any person requesting a permit from the Village of Franklin for an activity, such as, but not limited to, a building permit, site plan, preliminary plat, lot split or special use permit, landfill permit or soil removal permit, must also make application for a preliminary wetland determination.
(a) Preliminary Wetland Determination. If the Building Official or another duly authorized representative of the Village determines, after reviewing the official Wetlands Map, that the proposed activity may encroach into a wetland and is deemed not to be a minor project as defined herein, then a final wetland determination shall be required of the applicant before such a permit as referenced above can be accepted.
If the Building Official or other duly authorized representative determines that the proposed activity clearly would not encroach into a wetland or watercourse, then a permit shall be issued, provided that the requirements of all other applicable ordinances are met. If the proposed activity is initially deemed by the Building Official to be a minor project, as defined herein, then an application may be accepted without requiring a final wetland determination.
(b) Final Wetland Determination. After the Building Official or other duly authorized representative has determined that the proposed activity may encroach into a wetland or watercourse and is deemed not to be a minor project, then the applicant shall arrange to have a final wetland determination, completed by a Village wetland consultant chosen by the Village Planning Commission, to delineate the precise boundaries of the wetland or watercourse which may be affected by the proposed activity. This does not preempt any responsibility of the applicant to also make application to the Michigan Department of Natural Resources for a required wetland permit. (Ord. 190. Passed 5-9-94.)

1226.11 PERMIT APPLICATION REQUIREMENTS.
A permit applicant shall submit the following materials to the Village Clerk:
(a) A completed permit application which includes the following information:
(1) The name, address and telephone number of the applicant and of the applicant's agent;
(2) The name, address and telephone number of the owner(s) of the property, if different from the applicant;
(3) The name, address and telephone number of the Village wetland consultant who provided the information required by this chapter;
(4) Signatures of the applicant(s) and the owner(s);

(5) The project location, including, as applicable, the street, road or highway, section number, and the name of any wetlands or watercourses which will or may be affected;
(6) A detailed description and statement of the purpose of the proposed activity;
(7) The location and number of trees of three-inch caliper or greater to be removed. (The caliper of a tree is its diameter at four and one half feet above the ground.)
(8) Where the removal of material, placement of fill material or grading is proposed; and
(9) The amount and type of material to be removed or deposited;
(b) A permit application fee in an amount as set by resolution of the Village Council.
(c) A written authorization from the owner permitting the proposed activity if the applicant is not the owner of the property.
(d) Ten copies of a site plan, including a topographical survey, sealed by a registered engineer or registered surveyor, which includes the following information:
(1) The applicant's name, a legal description of the land where the activity is proposed, north arrow, scale of drawing, the date that the drawing was prepared, and the name and professional credentials of the person or firm preparing the site drawing;
(2) The shape and dimensions of the lot or parcel, together with the existing and proposed locations of structures and improvements, if any;
(3) The location and extent of wetlands and watercourses as identified through field investigation and presented on a topographic map. The topographic map shall be at a scale of one inch equals 100 feet or larger and shall employ, at a minimum, a contour interval of two feet.
(4) The types of wetlands on the site, e.g. forested, shrub, emergent marsh, wet meadow and aquatic bed, identified by using methods approved by the Michigan Department of Natural Resources (MDNR) as set forth in the Michigan Wetland Determination Manual Draft for Field Testing and/or other official publications;
(5) Specification of the extent of all areas to be disturbed, the depths at which removal or deposition activities are proposed, and the angle of repose of all slopes of deposition material and/or sides of channels or excavation resulting from removal operations;
(6) Existing general soil conditions throughout the parcel as indicated on the Oakland County soil survey;
(7) Typical cross sections of proposed structures, dredge cuts, fills, bridges or culverts, including dimensions and elevations and location of wetlands and watercourses;
(8) Identification of type, volume and area for proposed construction materials, dredge material and fill material;

(9) The identification of type and location of soil erosion control measures to be used during construction, including measures which will be used to trap sediment which might otherwise run off into wetlands and watercourses;
(10) Location and dimensions of all setback easements and existing and proposed public and private utilities; and
(11) Statements as to grade changes proposed and proposed drainage pattern changes for the lot or parcel and how such changes will affect these regulations; existing contour data for the entire property with a vertical contour interval of no more than two feet, and vertical contour data at an interval of no more than one foot for all areas to be disturbed by proposed operations, extending for a distance of at least fifty feet beyond the limits of such areas. Indicated elevations shall be based on United States Geological Survey datum.
(e) Minor projects, as defined by this chapter, shall be required to provide only the information set forth in paragraphs (a)(1), (2), (3), (4), (7), (8) and (9) and subsections (b) and (c) hereof, as well as a site plan, subdivision plat or planning map which overlays existing and proposed development or activity onto wetlands and watercourses. Existing and proposed structures shall be clearly identified in relation to existing wetland and watercourse features and topography.
(Ord. 190. Passed 5-9-94.)

1226.12 REVIEW OF PERMIT APPLICATIONS.
(a) Upon receipt of a completed application and fee for a wetland permit, the Village of Franklin shall modify, approve or deny the application within ninety days after its receipt.

(b) Upon receipt of a completed application and fee for a wetland permit, the Village Clerk shall immediately refer the application to the Village Planning Commission.

(c) The Village Planning Commission shall review the submitted permit application to insure that all required information has been provided. The Village Planning Commission and/or its consulting engineers shall, after review of the proposed activity, submit a report and recommendations as to the propriety of the proposed use to the Village Council.

(d) If the Planning Commission determines that the project is a minor project, then the Planning Commission shall not hold a public hearing and shall make a report and recommendation to the Council within thirty days from the first date the Planning Commission reviewed the project.


(e) In addition, the Planning Commission will review the determination of the Building Official of all minor projects. If the Planning Commission determines that the project is not a minor project, then a final wetland determination will be required.

(f) The Planning Commission shall hold a public hearing within thirty five days from the date the Planning Commission, by resolution, determines that the application is complete. Notice of such hearing shall be mailed by first class mail to property owners within 1,000 feet of the boundary of the property upon which the activity is proposed, which notice shall be sent at least ten days prior to the public hearing. A legal notice of the public hearing shall be published in a local newspaper not less than five nor more than fifteen days prior to the public hearing. The Planning Commission, within thirty five days of the public hearing, shall make a report and recommendation to the Village Council.

(g) In the event the Planning Commission shall take no action within thirty five days of the conclusion of the public hearing, then the application shall proceed to the Village Council, which shall make a decision at its next regular meeting, or a permit shall be deemed granted.

(h) Whenever a permit is under consideration, the Village Council may approve the permit, approve the permit subject to conditions, or deny the permit based upon findings of fact and may:
(1) Impose such conditions on the manner and extent of the proposed activity or use as are necessary to ensure that the intent of this chapter is carried out and that the activity or use will be conducted in such a manner as will cause the least possible damage, encroachment or interference with natural resources and natural processes within the watercourse and/or wetland area;
(2) Fix a reasonable time within which any wetland operation must be completed;
(3) Require the filing with the Village Clerk of a cash bond or irrevocable letter of credit, in such form and amount as determined necessary by the Village to ensure compliance with the approved permit; and
(4) When the permit is granted by the Council, send written notice of the granting of the permit to all persons who have submitted written comments on the application to the Village.

(i) Whenever a permit application is denied, the reasons for denial shall be transmitted in writing to the applicant. The failure to supply complete information with a permit application may be reason for the denial of a permit.


(j) A land owner may request a re evaluation of affected property for assessment purposes to determine its fair market value under the use restriction if a permit is denied by the Village for a proposed wetland use. A land owner may protest and appeal that determination, action or inaction pursuant to the General Property Tax Act, Act 206 of the Public Acts of 1893, as amended, being M.C.L.A. 211.1 to 211.157, as amended. (Ord. 190. Passed 5-9-94.)

1226.13 STANDARDS RE GRANTING OR DENYING PERMIT APPLICATIONS.
The following standards shall govern the granting, modification or denial of permit applications:
(a) The proposed activity shall not threaten public health or safety by increasing flooding, erosion, siltation, pollution or storm water runoff volumes.
(b) The proposed activity shall not interfere with the natural functions of wetlands and watercourses, including the flow of waters and nutrients between wetlands and adjacent watercourses.
(c) The proposed activity shall not unnecessarily alter the natural grade or soils of any wetland or watercourse, or alter the flow of surface or subsurface water to or from the wetland at any season of the year.
(d) The proposed activity shall not result in the damage or destruction of natural wildlife, waterfowl habitat or aquatic resources, including habitat important for migratory waterfowl.
(e) The proposed activity shall not interfere with public rights to the enjoyment and use of public waters.
(f) The proposed activity shall not interfere with the scenic, aesthetic, recreational and educational benefits of wetlands and watercourses.
(g) There shall be no less harmful, feasible and prudent alternatives to the proposed activities.
(h) The proposed activity must be consistent with the promotion of the public health, safety and welfare in light of the paramount concern for the protection of its natural resources from pollution, impairment or destruction.
(i) The proposed activity shall be in compliance with all other applicable statutes and ordinances.
(j) Proposed activities shall not increase user density beyond the ability of the resource to provide for a safe and healthy environment.
(Ord. 190. Passed 5-9-94.)

1226.14 PROTECTION OF WETLANDS AND WATERCOURSES DURING AND AFTER CONSTRUCTION.
Any applicant who has received a permit under this chapter shall comply with the following in connection with any construction or other activity on the property for which the permit has been issued:
(a) Maintain soil erosion control structures and measures, including, but not limited to, silt fences, straw bale berms and sediment traps.

(b) Identify clearly, through staking or other means acceptable to the Village, the location of wetlands or watercourses on the subject site so that such locations are visible to all construction workers. The visible identification of wetlands or watercourses shall be in place prior to the grading of any land or issuance of any construction permit.
(c) Assure that there is no encroachment of equipment or earth moving activities into wetlands or watercourses.
(d) Prominently display at the site a copy of the use permit or other evidence that a permit has been obtained.
(e) The owner shall allow Village representatives to enter and inspect the premises periodically throughout the duration of the activity.
(Ord. 190. Passed 5-9-94.)

1226.15 PERFORMANCE GUARANTEES.
Prior to the issuance of the wetlands permit, the applicant shall provide the Village with a cash deposit, certified check, irrevocable letter of credit or performance bond in an amount equal to 100 percent of the value of the permitted work (as determined by the Village) to assure the Village that soil erosion and wetland preservation efforts will be undertaken in accordance with the approved plans. These assurances shall run to the Village and shall be forfeitable by its terms and conditions automatically fifteen days after the Village has provided notice to the applicant, either by personal delivery, certified mail or first class mail, that the requirements of the plan have not been complied with and that failure to proceed poses harm to the protected wetlands. If the applicant fails to perform within the fifteen-day period, the value of the assurance shall be automatically transferred to the Village or otherwise be enforceable by the Village by any means available. Thereafter, the Village shall be authorized to go onto the property and complete the construction in accordance with the requirements of the approved plans. In the case of the deposit, certified check or irrevocable letter of credit, the amount on deposit may be reduced as the work progresses, provided that at all times the deposit or letter of credit amount is sufficient in the estimation of the Village to assure the completion of the approved work. If the assurance does not sufficiently cover the cost of implementing the necessary improvements as determined by the Village, the applicant will be responsible for reimbursing the Village for any and all costs incurred in completing the work. (Ord. 190. Passed 5-9-94.)

1226.16 EMERGENCY REMEDY.
If, during the course of construction under a wetlands permit, an applicant takes action or through a lack of action threatens the function of a wetland or watercourse area and fails to remedy the condition within a reasonable period of time, as determined by the Village, the Village shall be permitted to enter the property of the applicant to take remedial action to alleviate the threat. The applicant will be subject to reimbursing the Village for any and all expenses incurred by the Village in remedying the condition. A stop work order shall be issued and remain in effect until the time the Village is reimbursed for any remedial action.
(Ord. 190. Passed 5-9-94.)

1226.17 MINIMUM REQUIREMENTS; CONFLICTS OF LAWS.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to activities within wetland areas, provided, however, that where this chapter imposes a greater restriction than is required by an existing ordinance or by rules, regulations or permits, the provisions of this chapter shall control. (Ord. 190. Passed 5-9-94.)

1226.18 DECLARATION OF NUISANCE; ABATEMENT; EQUITABLE REMEDY.
(a) Any use or activity in violation of the terms of this chapter is hereby declared to be a nuisance per se, and may be abated by order of any court of competent jurisdiction. The Village Council, in addition to other remedies, including those provided in subsection (b) hereof, may institute any appropriate action or proceeding to prevent, abate or restrain the violation. All costs, fees and expenses in connection with such action shall be assessed as damages and charged to the violator.

(b) In the event of a violation, the Village of Franklin shall have the power to order complete restoration of the wetland area involved by the person or agent responsible for the violation. If such responsible person or agent does not complete such restoration within the time specified in the order (not to exceed eighteen months), the Village shall have the authority to restore the affected wetlands to their prior condition wherever possible and the person or agent responsible for the original violation shall be held liable to the Village for the cost of restoration.
(Ord. 190. Passed 5-9-94.)