Belleville Lake Regulations Charter Township of Van Burenvanburen-mi.org/wp-content/.../02/Belleville...Mtg.pdf · BELLEVILLE LAKE REGULATIONS • February 17, 2016 MCKENNA ASSOCIATES

Belleville Lake Shoreline Regulations

Charter Township of Van BurenPublic Information Meeting

February 17, 2016

2BELLEVILLE LAKE REGULATIONS • February 17, 2016 MCKENNA ASSOCIATES

Belleville Lake Shoreline Regs

History Belleville Lake FERC Litigation – Judge’s Order

Purpose of the Regulations Key Aspects of the Draft Discussion, Questions & Comments

History


History - Timeline

1910 – Detroit Edison began buying land along Huron River

1926 – Detroit Edison built French Landing Dam and created 7 mile long Belleville Lake

Flooded village of Rawsonville Lake became destination – fishing, swimming,

boating, waterfront cottages and residences DTE generated power at French Landing

hydroelectric plant until 1962.


History (cont)

1972 - Edison offered VBT the dam and land

VBT voters approved

Township became the owner of Belleville Lake and the land formerly owned by Edision (generally, at and below the 655 contour/brow of the hill, & Township Park)


History (cont)

1987 - Township and Adirondack Hydro Development Corporation (now STS HydroPower) received license from Federal Energy Regulatory Commission (FERC).

1988 - Dam and power plant refurbished.

Today residents continue to use, develop and enjoy Lake shore for typical waterfront purposes.


FERC = Federal Energy Regulatory Commission – “project affects the interests of interstate or foreign commerce” because of power generation

Township & STS HydroPower = co-licensees to construct, operate and maintain French Landing Hydro Water Power project

Issued in May 1987; 40 year duration (2027)

License makes VBT and STS subject to conditions & penalties for noncompliance (from Feds)

FERC License


FERC License Sections

Article 412 (a). Licensee may grant permission for certain types of uses without prior FERC approval.

Uses must be consistent with purposes of protecting & enhancing the scenic, recreational, & other environmental values of the project.

Licensee has continuing responsibility to supervise & control the uses for which it grants permission.


Article 412 (b). Licensee may grant permission for the following without prior FERC approval:

Landscape plantings

Non-commercial piers, landings, boat docks, or similar structures & facilities that can accommodate no more than 10 watercraft at a time & where said facility is intended to serve single-family type dwellings

Embankments, bulkheads, retaining walls, or similar structures for erosion control to protect existing structures.

FERC License Sections


Thines v. VBT et al

1992 Court Case – Judge settled dispute between lake shore neighbors re. where to place new dock

Judge urged Township to study lake configuration and adopt written rules to ensure consistent, clear, equitable basis for permitting lake uses

Judge recommended establishing Township arbitration panel so all disputes don’t have to go to court


Thines Response

This current effort focuses on protecting and maintaining status quo

Proposed ordinance necessarily references Township’s obligations and limitations under FERC; passes on maintenance requirements to individuals who are benefitting from use of the Lake and shoreline


Why Adopt Regulations?

PROTECT THE STATUS QUO

Protect Lake environmental quality, aesthetics, minimize shoreline erosion

Fairly apportion use of Township property

Protect public health, safety and general welfare

Create and protect recreation opportunities

Comply with FERC license - STS, MDEQ, other agencies

Create reasonable, rational rules for approval of Lake and “gap land” structures

Protect the Dam and hydroelectric energy production


Belleville Lake is not a typical lake

Rules are for Township-owned land – above and below water

Lake located in both Township & City

Multiple boundaries – brow of the hill, 655’, rarely the same as water’s edge

Complex Issues/Challenges


Private property is not riparian – lot owners don’t own to water’s edge in many cases

MDEQ regulates water/dock permits

FERC license limits what can be done and requires separate approval in certain cases

Complex Issues/Challenges (cont.)

Key Aspects of the Regulations


Current Approval Process

Township does not grant “permit”, only gives permission

MDEQ permits for docks and lakeshore work require Township approval as landowner

Township process relies on MDEQ application form completed & submitted for Township review

Current standards for Township review & permission are vague

Judge in Thines case said we need consistent, clear standards


Rules are for use of Township-owned land only – not typical for most lake ordinances

Staff consulted with reps of Environmental Commission, Planning Commission, Township Board, Parks and Recreation, lake front stakeholders (City and Township)

Draft presented to Planning Commission and Environmental Commission for more formal review and comment

Preparation Process


2 Types of Regulations

Zoning Ordinance Amendment ZO regulates land use Grandfathers existing non-conforming structures Uses established appeals board = ZBA Concept of districts with similar characteristicsand… General Ordinance Assigns individual obligations to protect, permission to

use, and responsibility to maintain lake front


Important Terms

Lake Frontage = Distance between side lot lines of a lot as extended to Belleville Lake shoreline, then measured between their points of intersection with shoreline at normal high water mark.


Important Terms

Lake Lot Line = Boundary line of a lot or parcel of land which abuts the Township-owned shoreline property.


Zoning: 2 Subdistricts

• BLA, Belleville Lake Shoreline District A: Single Family Residential

• BLB, Belleville Lake Shoreline District B: Non-Single Family Residential


BLA, Belleville Lake Shoreline District A - Single Family Residential

Abuts land zoned and used for single family residentialdwellings

Permits typical single family docks and related facilities– dockage for 6 or fewer watercraft in total, boat hoists, shoreline erosion protection, minor excavations

Permits other uses/structures that do not require FERC approval

No dock or structure permitted without a single family dwelling on the abutting lot

Administrative Approval by Township


BLB, Belleville Lake Shoreline District B - Non-Single Family Residential

Abuts land zoned or used for more intensive uses not accessory to a single dwelling on a single family lot, i.e. common use lots, multiple family, commercial, office, public, institutional and similar uses

Uses require FERC approval

Marinas - No boat lifts, cradles or hoists permitted on Twp. land

No buildings on Township property

No private ramps or launches to serve non-frontage uses (no keyholing)


Approvals in BLB District

Administrative Approval Erosion control Minor excavations

Site Plan Approval – Planning Commission Docks, piers, landings, boardwalks, catwalks for 6 or fewer

watercraft in total (non-single family residential) Non-commercial multi-docking facilities for 6 or fewer Boat hoists, etc. with permitted non-commercial multi-

docking facilities Decks and stairs


Approvals in BLB District

Special Approval - Planning Commission Public Hearing & Township Bd. Approval Non-commercial multi-docking facilities for more than 6 Boat hoists etc. with permitted non-commercial multi-

docking facilities Marinas Boat launches and ramps Major excavations Similar uses


Lake Structure Locations

Lake structures may be located between the side lot lines extendedto the Lake Frontage line and then extended straight into Lake


Docks

Must abut Lake Frontage of upland lot owned by user

15 ft. setback from side lot lines extended

Boats and hoists min. 5 ft. from side lot lines extended

Max. width = 4 ft. in BLA and 6 ft. in BLB

Dock length limited to 40 feet unless greater depth needed to reach water 3 ft. deep

Number and amt. of dockage limited by FERC & Lake frontage


Lake Structure Coverage

Amount of dock and other structures permitted based on percent coverage of lake frontage line


Amount of Structures (% Coverage)

Docks, other mooring structures, boat hoists, similar structures and watercraft may extend across:

BLA

• No more than 50% of Lake Frontage

BLB

• No more than 60% of Lake Frontage for non-commercial multi-docking facilities

• For marinas, public uses or where abutting commercial sites, up to 100% may be approved


How % Coverage Measured

Includes Coverage by: Docks, other mooring structures, projections including

boat hoists, boat cradles, lifts and similar, and watercraft Excludes: Permitted boardwalks, catwalks on retaining walls and

similar protection structures that parallel the shore How Measured: Width of structure parallel Lake Frontage line Plus 10 feet for boats to be docked If docks separated by 10 feet or less, multiple docks are

considered one unit, total length



Regs for Boat Storage Devices

Hoists, Cradles, Lifts, etc.No walls

Not more than 3 attached docks

Not to exceed minimum height to raise boat out of water

Not to be used as deck or outdoor living area

Roof pitch minimum 4:12


Marinas & Non-Commercial Multi-Docking Facilities

Dry land storage not permitted on Township land

Docks and similar structures must be under common ownership and of consistent design to create unified appearance

Review factors include:

Location on Lake

Facility’s visibility & potential impacts on aesthetics of Lake

Separation from other marinas/non-commercial multi-docking facilities

Public health, safety & general welfare


Twp. Approval Not Required for:

Routine maintenance & repair

Minor earth change (10 cyds or less, stabilized w/in 24 hrs)

Earth changes for work in a public utility easement

Gardening, if the natural elevation not changed

Planting or removal of trees, shrubs & other vegetation, not causing erosion

Normal & customary residential landscaping - native & natural plantings preferred

Temporary stockpiling of soil, sand or gravel not greater than 10 cyds, as part of construction project on Lake


Additional Features

Lawful existing structures & uses are grandfathered

Zoning Board of Appeals to review “special exceptions”. Standards are less onerous than for a variance, including “consistency with the goal of providing reasonable equitable access to all abutting lake owners”.

At time approval requested, applicant indemnifies the Township


General Ordinance Highlights

Confirms exclusive use and enjoyment by abutting Lake property owners

Passes on some FERC obligations to upland Lake Lot owners

Structures permitted must be maintained by abutting upland Lake Lot owner

Creates additional means of enforcement


Discussion, Questions and Comments

Documents

Belleville Lake Regulations Charter Township of Van Burenvanburen-mi.org/wp-content/.../02/Belleville...Mtg.pdf · BELLEVILLE LAKE REGULATIONS • February 17, 2016 MCKENNA ASSOCIATES