Municipal Code
CHAPTER 1266 Natural Buffer Zones
1266.01 Intent and purpose.
1266.02 Maintenance of setbacks.
1266.03 Natural feature defined.
1266.04 Authorization and prohibition.
1266.05 Exemptions.
1266.06 Application form.
1266.07 Setback standards.
CROSS REFERENCES
Regulation of land development and the uses of land and
structures by local authorities - see M.C.L.A. 125.3201
Authority to zone - see M.C.L.A. 125.3202
Uses of land or structures not conforming to ordinances;
powers of
legislative bodies; acquisition of property - see
M.C.L.A. 125.3208
Wetlands and watercourses - see P. & Z. Ch. 1226
1266.01 INTENT AND PURPOSE.
It is the intent of this chapter to require a minimum
setback from natural features and to regulate property
within such setback in order to prevent physical harm,
impairment and/or destruction of or to a natural
feature. It has been determined that, in the absence of
such a minimum setback, intrusions in or onto natural
features would occur, resulting in harm, impairment
and/or destruction of natural features contrary to the
public health, safety and general welfare. The
regulation provided for in this chapter is based on the
police power for the protection of the public health,
safety and welfare, including the authority granted in
the Michigan Zoning Enabling Act.
It is the purpose of this chapter to establish and
preserve minimum setbacks from natural features in order
to recognize and make provision for the special
relationship, interrelationship and interdependency
regarding physical location, plant species, animal
species and an encouragement of diversity and richness
of plant and animal species; over land and subsurface
hydrology; water table; water quality; and erosion or
sediment deposition. (Ord. 191. Passed 6-13-94; Ord.
2006-03. Passed 11-13-06.)
1266.02 MAINTENANCE OF SETBACKS.
A natural feature setback shall be maintained in
relation to all areas defined in this chapter as being a
"natural feature," unless and to the extent that it is
determined to be in the public interest not to maintain
such a setback.
(Ord. 191. Passed 6-13-94.)
1266.03 NATURAL FEATURE DEFINED.
As used in this chapter, "natural feature" means a
wetland and/or a watercourse.
(Ord. 191. Passed 6-13-94.)
1266.04 AUTHORIZATION AND PROHIBITION.
(a) The natural feature setback shall be an area or
feature with boundaries and limitations determined in
accordance with the standards and provisions of this
chapter in relation to respective types of natural
features.
(b) In conjunction with the review of plans submitted
for authorization to develop property or otherwise
undertake an operation in, on or adjacent to a natural
feature, applicable natural feature setbacks shall be
determined and authorizations and prohibitions
established by the body undertaking the plan review.
(c) Within an established natural feature setback,
unless and only to the extent determined to be in the
public interest by the body undertaking plan review,
there shall be no deposit of any material, including
structures; removal of any soils, minerals and/or
vegetation; dredging, filling or land balancing; and/or
constructing or undertaking seasonal or permanent
operations. This prohibition shall not apply with regard
to those activities exempted from this prohibition in
Section 1266.05.
(d) In determining whether proposed construction or
operations are in the public interest, the benefit which
would reasonably be expected to accrue from the proposal
shall be balanced against the reasonably foreseeable
detriments of the construction or other operation,
taking into consideration local, State and national
concern for the protection and preservation of the
natural feature in question. If, as a result of such
balancing, there remains a debatable question as to
whether the proposed project and/or operation is clearly
in the public interest, authorization for the
construction and/or operation within the natural feature
setback shall not be granted. The following general
criteria shall be applied in undertaking this balancing
test:
(1) The relative extent of the public and private need
for the proposed activity.
(2) The availability of feasible and prudent alternative
locations and methods to accomplish the expected
benefits from the activity.
(3) The extent and permanence of the beneficial or
detrimental effects which the proposed activity may have
on the public and private use to which the area is
suited, including the benefits the natural feature
and/or natural feature setback provides.
(4) The probable impact of the proposed construction
and/or operation in relation to the cumulative effect
created by other existing and anticipated activities in
the natural feature to be protected.
(5) The probable impact on recognized historic,
cultural, scenic, ecological or recreational values, and
on fish, wildlife and the public health.
(6) The size and quantity of the natural feature setback
being considered.
(7) The amount and quantity of the remaining natural
feature setback.
(8) Proximity of the proposed construction and/or
operation in relation to the natural feature, taking
into consideration the degree of slope, general
topography in the area, soil type and the nature of the
natural feature to be protected.
(9) Economic value, both public and private, of the
proposed construction and/or operation, and economic
value, both public and private, if the proposed
construction and/or operation were not permitted.
(10) The necessity for the proposed construction and/or
operation.
(Ord. 191. Passed 6-13-94.)
1266.05 EXEMPTIONS.
If, and to the extent that, the Municipality is
prohibited by its ordinances and/or law from regulating
the proposed activity in or on the respective natural
feature, then regulation under this chapter shall be
exempted.
(Ord. 191. Passed 6-13-94.)
1266.06 APPLICATION FORM.
Application for plan review consistent with this chapter
shall be made on forms as approved by the Franklin
Village Council.
(Ord. 191. Passed 6-13-94.)
1266.07 SETBACK STANDARDS.
Unless otherwise determined by the body undertaking the
plan review, the following setbacks shall apply:
(a) A twenty-five foot setback from the boundary or edge
of a wetland, as defined and regulated in Chapter 1226.
(b) A twenty-five foot setback from the ordinary high
water mark of a watercourse, including, from a natural
or artificial lake, pond or impoundment, river, stream
or creek which may or may not be serving as a drain as
defined by Act 40 of the Public Acts of 1956, as
amended, or any other body of water which has definite
banks, a bed and visible evidence of a continued flow or
continued occurrence of water.
(c) A setback distance determined during plan review to
be reasonably required in order to prevent probable and
unreasonable physical intrusion in or onto a protected
natural feature, taking into consideration degree of
slope, soil type, the nature and type of activities
anticipated to impact upon the natural
feature and the nature and type of the natural feature
to be protected, provided, in all events, that the
setback shall not be greater than twenty-five feet. For
purposes of this provision, unreasonable physical
intrusion shall be deemed to be a physical intrusion
which would be damaging, impairing and/or undermining to
the usefulness and/or function of the natural feature.
Such unreasonable physical intrusions may include an
architectural feature of a dwelling or accessory
building, including porches and decks, or playground
equipment and other similar structures.
(Ord. 191. Passed 6-13-94.)
