§ 155.017  DEFINITIONS.
   The following terms and phrases shall have the meaning given herein, unless the context otherwise requires:
   AGENT.  Person designated by the City of Charlevoix for administration and enforcement of the Ordinance.
   APPEALS BOARD.  The public body which is charged with the responsibility to consider and decide appeals from decisions made by the agent in administering and enforcing this chapter.
   APPEALS BOARD CLERK.  The individual who is charged with the responsibility to process appeals to the Appeals Board pursuant to §§ 155.100 through 155.102 of this chapter.
   APPLICANT.  The landowner, or his duly authorized agent, for the property upon which a regulated earth change is proposed, and who has submitted an application for a storm water management permit.
   CHANNEL.  The portion of a stream which conveys normal flows of water, or a ditch or other conveyance structure excavated for the flow of water.
   COMMERCIAL DEVELOPMENT.  An activity, action or alteration of property that is proposed for the purpose of a commercial activity, such as retail sales, professional offices, multi-family residential structures of three or more units, or any other purpose which includes access by the public for conducting business. Activity, action or alteration of property by the city is not COMMERCIAL DEVELOPMENT.
   CONVEYANCE FACILITY (STRUCTURE).  A surface or subsurface structure, pipe or channel which transports storm water from one location to another.
   COUNTY DRAIN.  Drains established and/or constructed pursuant to the Michigan Drain Code (Act 40 of 1956, as amended).
   DESIGN STANDARD (OR ENGINEERING DESIGN STANDARD).  A specification or set of specifications that prescribes the methodology for developing storm water management facilities based upon a uniform set of standards, calculations, and procedures.
   DESIGN STORM.  A hypothetical rainfall event that is developed as a statistical relationship between actual rainfall intensity-duration-frequency data for the purpose of modeling the effectiveness of a given drainage system.
   DETENTION BASIN (POND).  A structure or facility, natural or artificial, which stores storm water on a temporary basis and releases it at a controlled rate to another water course, wetland, conduit or drain.  A detention basin may drain completely after a storm event (dry detention basin) or it may be a body of water with a fixed minimum and maximum water elevation between runoff events (wet detention basin).
   DISCHARGE.  The rate of flow of water through an outlet structure at a given point and time, typically measured in cubic feet per second (cfs) or gallons per minute (gpm).
   DISTURBED AREA.  An area of land subjected to erosion due to the removal of vegetative cover and/or earthmoving activities, including filling.
   DOWNSTREAM PROPERTIES.  Down gradient lands and waters which receive storm water runoff and other surface water flows from the applicant’s property and are often subjected to the cumulative impact of upstream development.
   DRAINAGE.  The interception and removal of water (groundwater or surface water) by natural or artificial means.
   DRAINAGE SYSTEM.  All facilities, channels and areas which serve to convey, filter, store and/or receive storm water, either on a temporary or permanent basis.
   EARTH CHANGE.  A human-made change in the natural cover or topography of land, including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the waters of the state.  The term EARTH CHANGE as used in this chapter shall not apply to the practice of plowing and tilling soil for the purpose of crop production.
   FLOOD.  An overflow of surface water onto lands not normally covered by water.  FLOODS have these essential characteristics: the inundation of land is temporary and results from unusually heavy precipitation and the land is inundated by overflow from a lake, pond, stream and/or wetland, or is flooded by natural runoff.
   FLOODPLAIN.  The area of land adjoining a lake or stream which is inundated when the flow exceeds the capacity of the normal watercourse.  For mapping purposes, FLOODPLAINS are as designated in the National Flood Insurance Program Flood Insurance Rate Maps for the City of Charlevoix effective May 16, 2019 (as amended).
   GRADING.  Any stripping, clearing, stumping, excavating, filling, stockpiling or any combination thereof, including the land in its excavated or filled condition.
   GRUBBING.  To clear (ground) of roots and/or stumps.
   IMPERVIOUS AREA.  Surfaces that do not readily allow rainfall to infiltrate into the soil; examples include but are not limited to:  roof area, paved or gravel driveways, parking areas, roads (both asphalt and gravel), or areas of heavy clay soils.
   INDUSTRIAL USE.  Any manufacturing, processing, fabrication, maintenance assembly, printing or improvement of articles or merchandise, warehousing, wholesaling, storage, or activities related to mineral extraction and processing; and other business enterprises not classified as commercial.
   INFILTRATION.  The downward movement or seepage of water from the surface into the subsoil and/or groundwater.  The infiltration rate is expressed in terms of inches per hour.
   MAINTENANCE AGREEMENT.  A binding agreement between the landowner and the city, which sets forth the location and design of best management practices as well as terms and requirements for storm water and erosion management facility maintenance, recorded with the Charlevoix County Register of Deeds.
   OFF-SITE FACILITY.  Storm water management facility which is located partially or completely off the applicant’s subject property. 
   ORDINARY HIGH WATER MARK.  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 marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil and the vegetation.  On an inland lake which has a level established by law, it means the ordinary high established level.  Where water returns to its natural level as the result of the permanent removal or abandonment of a dam, it means the natural ordinary high water mark.
   OUTFALL.  The point where storm water flows out from a conduit, drain or stream.
   PEAK DISCHARGE RATE (PEAK FLOW).  The maximum calculated rate of storm water flow at a given point in a channel, watercourse, or conduit resulting from a predetermined frequency storm or flood, measured in cubic feet per second (cfs).
   PERSON.  Any individual, firm, partnership, association, public or private corporation, company, organization or legal entity of any kind, including governmental agencies.
   REGISTERED PROFESSIONAL.  One following licensed professionals: State of Michigan licensed engineer, land surveyor, architect and/or landscape architect.
   RETENTION BASIN.  A wet or dry storm water holding area, either natural or manmade, which does not have any outlet to adjoining watercourses or wetlands other than an emergency spillway.
   SITE.  Any tract, lot, or parcel of land or combination of tracts, lots or parcels of land proposed for development.
   STOP WORK ORDER.  A notice for cessation of activity issued by the agent to any person engaged in an activity in violation of this chapter including, but not limited to, grading and development activities.
   STORM WATER MANAGEMENT FACILITIES.  Any structure, ditch, swale, facility, barrier, berm, vegetative cover, basin or other measure which serves to manage storm water.
      PERMANENT MEASURES.  Installations designed to manage storm water runoff after development is completed.
      TEMPORARY MEASURES.  Installations designed to manage storm water runoff during development or until soils in the contributing drainage area are stabilized.
   STORM WATER MANAGEMENT PERMIT.  Written approval along with supporting documentation and storm water management plan that is executed by the agent and issued under the provisions of this chapter authorizing the applicant to engage in specified earth changes.
   STORM WATER MANAGEMENT PLAN.  Maps and written information prepared in accordance with specific standards identified within the ordinance for a proposed land use or earth change.  The STORM WATER MANAGEMENT PLAN describes the way in which storm water runoff will be managed during and after completion of the proposed development.
   STORM WATER RUNOFF.  Excess water that does not infiltrate the soil, but instead flows over the surface of the ground or is collected in channels, watercourses or conduits and transported over a given drainage area.
   STREAM.  A moving body of water that has definite banks, a bed and visible evidence of a continued flow or continued occurrence of water.  See Public Act 451 of 1994, as amended, Part 301, Inland Lakes and Streams § 324.30101, Subparagraph E, as amended.
   SWALE.  Low lying grassed area with gradual slopes which transports storm water, either on site or off site.
   WATERSHED.  A land area, also known as a drainage area, which collects precipitation and contributes runoff to a receiving body of water or point along a watercourse.
(Ord. 810, passed 11-18-2019)