Township work session advances draft dirty-fill and grading ordinance to review

Chair Jacob Pride opened the June work session to review two ordinance drafts, the first of which would create a new Chapter 31 to regulate grading, erosion, sediment control and imported fill.

A staff presenter described the draft and pointed supervisors to Section 105 (page 13 of the draft) setting out requirements for imported and clean fill; the proposed threshold would require compliance when more than 10 cubic yards of material is brought on to a site. Staff and board members discussed cross-referencing the township’s stormwater ordinance for buffer distances rather than hard-coding a footage, to avoid conflicts if stormwater rules change. One member said tying the buffer language to the stormwater ordinance “makes sense” for consistency.

Supervisors pressed staff on how grading-permit triggers would be calculated — whether by total parcel slope or by the portion disturbed — and were told permits apply to the part of the property being disturbed. The discussion clarified that inspections and other permit requirements apply only when an activity meets the permit triggers. Board members and staff reviewed common exemptions in the draft, including small-scale fencing, gardening, agricultural operations, minor driveway work, forest management and some maintenance activities, and noted that the stormwater ordinance already captures larger disturbances (the current stormwater trigger discussed in the meeting was 5,000 square feet).

The draft also aims to plug an enforcement gap for “dirty fill” complaints, the presenter said, giving the township an explicit mechanism to require permits and monitor imported material that previously could go unchecked. Board members asked that the conservation district (and specifically the district staff referred to in discussion as Matt) review the draft for enforceability. Staff agreed to add an explicit definition of “imported” as “material that originates off site” so the rule covers materials brought from neighboring parcels or outside the township.

Board members signaled comfort with the proposed 10-cubic-yard threshold as a practical exemption to avoid burdening small homeowners and asked staff to circulate the near-final draft to the Environmental Advisory Council (EAC), the planning commission and the conservation district before advertising. Supervisors discussed targeting October for final advertising so the ordinance, if adopted, would be in effect for the next construction season.

The work session did not include a formal vote on the ordinance; staff will update the draft per the board’s direction and return with any changes identified by the conservation district and commissions.

Ending: Staff will add the definition of “imported” and circulate the updated draft to advisory boards and the conservation district; the board discussed an October target for advertisement and possible adoption.