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
4BELLEVILLE LAKE REGULATIONS • February 17, 2016 MCKENNA ASSOCIATES
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.
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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)
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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.
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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
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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.
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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
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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
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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
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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
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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
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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.)
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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
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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
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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
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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.
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Important Terms
Lake Lot Line = Boundary line of a lot or parcel of land which abuts the Township-owned shoreline property.
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Zoning: 2 Subdistricts
• BLA, Belleville Lake Shoreline District A: Single Family Residential
• BLB, Belleville Lake Shoreline District B: Non-Single Family Residential
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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
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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)
24BELLEVILLE LAKE REGULATIONS • February 17, 2016 MCKENNA ASSOCIATES
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
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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
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Lake Structure Locations
Lake structures may be located between the side lot lines extendedto the Lake Frontage line and then extended straight into Lake
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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
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Lake Structure Coverage
Amount of dock and other structures permitted based on percent coverage of lake frontage line
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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
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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
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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
33BELLEVILLE LAKE REGULATIONS • February 17, 2016 MCKENNA ASSOCIATES
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
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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
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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
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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