For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section unless the context in which they are used specifically indicates otherwise:
(a) “Best Management Practices (BMPs).” A practice, or combination of practices and design criteria that comply with the Michigan Department of Natural Resources and Environment’s Guidebook of BMPs for Michigan Watersheds, the Low Impact Development Manual for Michigan, or equivalent practices and design criteria that accomplish the purposes of this chapter (including, but not limited to minimizing storm water runoff and preventing the discharge of pollutants into storm water) as determined by the Municipality Engineer, and, where appropriate, the standards of the Genesee County Drain Commissioner.
(b) “Building Opening.” Any opening of a solid wall such as a window or door, through which floodwaters could penetrate.
(c) “Construction Site Storm Water Runoff.” Storm water runoff from a development site following an earth change.
(d) “Detention.” A system which is designed to capture storm water and release it over a given period of time through an outlet structure at a controlled rate.
(e) “Developed” or “Development.” The installation or construction of impervious surfaces on a development site that require, pursuant to State law or local ordinance, the Municipality’s approval of a site plan, plat, site condominium, special land use, planned unit development, rezoning of land, land division approval, private road approval or other approvals required for the development of land or the erection of buildings or structures; provided, however, that for purposes of Sections 1047.010 through 1047.017 only, developed or development shall not include the actual construction of, or an addition, extension or modification to, an individual single-family or a two-family detached dwelling or appurtenances to the same, if the Municipality Manager finds that such construction, addition, extension or modification will not result in adverse storm water runoff. In making his written finding, the Municipality Manager may consult with the Zoning Administrator, Planning Committee, the Code Enforcement Official and/or the Municipality Engineer.
(f) “Developer.” Any person proposing or implementing the development of land. Developer can also be interpreted to include their designated design representative (e.g., architects and engineers).
(g) “Development Site.” Any land that is being or has been developed, or that a developer proposes for development.
(h) Discharger.” Any person or entity who directly or indirectly discharges storm water from any property. Discharger also means any employee, officer, director, partner, contractor, or other person who participates in, or is legally or factually responsible for, any act or omission which is or results in a violation of this chapter.
(i) “Drain.” Any drain as defined in the Drain Code of 1956, as amended, being MCL 280.1 et seq., other than an established County drain or inter-County drain.
(j) “Drainage.” The collection, conveyance, or discharge of ground water and/or surface water.
(k) “Drainage-way.” The area within which surface water or ground water is carried from one part of a lot or parcel to another part of the lot or parcel or to adjacent land.
(l) “Earth Change.” Any human activity which removes ground cover, changes the slope or contours of the land, or exposes the soil surface to the actions of wind and rain. Earth change includes, but is not limited to, any excavating, surface grading, filling, landscaping, or removal of vegetative roots.
(m) “EPA.” The United States Environmental Protection Agency.
(n) “Erosion.” The process by which the ground surface is worn away by action of wind, water, gravity or a combination thereof.
(p) “Flood” or “Flooding.” A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of water bodies or the unusual and rapid accumulation of surface water runoff from any source.
(q) “Floodplain.” Any land area subject to periodic flooding greater than or equal to two square miles.
(r) “Flood Protection Elevation (FPE).” The base flood elevation plus one foot at any given location.
(s) “Grading.” Any stripping, excavating, filling, and stockpiling of soil or any combination thereof and the land in its excavated or filled condition.
(t) “Hazardous or Toxic Material.” OSHA defines hazardous and toxic substances as those chemicals which are capable of causing harm. In this definition, the term chemical includes dusts, mixtures, and common materials such as paints, fuels, and solvents. OSHA currently regulates exposure to approximately 400 substances and the OSHA Chemical Sampling Information file contains listings for approximately 1,500 substances. Some industrial libraries maintain files of material safety data sheets (MSDS) for more than 100,000 substances.
(u) “Illicit Connection.” Any method or means for conveying an illicit discharge into water bodies or the Municipality’s storm water system.
(v) “Illicit Discharge.” Any discharge to water bodies that does not consist entirely of storm water, discharges pursuant to the terms of an NPDES permit, or exempted discharges as defined in this chapter.
(w) “Impervious Surface.” Surface that does not allow storm water runoff to slowly percolate into the ground.
(x) “Improvements.” Those features and actions associated with a project that are considered necessary by the body or official granting zoning approval to protect natural resources or the health, safety, and welfare of the residents of a local unit of government and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, and drainage. Improvements do not include the entire project that is the subject of zoning approval.
(y) “MS4.” Municipal Separate Storm Water Sewer System.
(z) “MDNRE.” Michigan Department of Natural Resources and Environment.
(aa) “Municipality.” County, City, Village, or Township or their designated representative.
(bb) “Non-Point Source Pollution.” Any source of water pollution that does not meet the legal definition of “point source” in section 502(14) of the Clean Water Act.
(cc) “NPDES.” National Pollution Discharge Elimination System.
(dd) “Person.” An individual, firm, partnership, association, public or private corporation, public agency, instrumentality, or any other legal entity.
(ee) “Planning Board/Commission.” Means a County planning commission created under the Michigan Zoning Enabling Act, 2006 PA 110, MCL 125.3101 et. seq.
(ff) “Pollutant.” A substance discharged which includes, but is not limited to the following: any dredged spoil, solid waste, vehicle fluids, yard wastes, animal wastes, agricultural waste products, sediment, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological wastes, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, commercial and agricultural waste, or any other contaminant or other substance defined as a pollutant under the Clean Water Act.
(gg) “Property Owner.” Any person having legal or equitable title to property or any person having or exercising care, custody, or control over any property.
(hh) “Retention.” A system which is designed to capture storm water and contain it until it infiltrates the soil or evaporates.
(ii) “Runoff.” The water flow that occurs when soil is infiltrated to full capacity and excess water from rain, snowmelt, or other sources flows over the land.
(jj) “Sensitive Areas.” Inland lakes, watercourses and wetlands (greater than or equal to five acres as specified by MDNRE unless a stricter local requirement is specified).
(kk) “Site Plan.” A plat, a site development plan, construction drawings, a building permit, and any other permits that need to be obtained before development can occur. These documents and drawings, required by the zoning ordinance, are to ensure that a proposed land use or activity is in compliance with local ordinances and State and Federal statutes.
(ll) “Soil Erosion.” The stripping of soil and weathered rock from land creating sediment for transportation by water, wind or ice, and enabling formation of new sedimentary deposits.
(mm) “State of Michigan Water Quality Standards.” All applicable State rules, regulations, and laws pertaining to water quality, including the provisions of Section 3106 of Part 31 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.
(nn) “Storm Drain.” A system of open or enclosed conduits and appurtenant structures intended to convey or manage storm water runoff, ground water and drainage.
(oo) “Storm Water Permit.” A permit issued pursuant to this chapter.
(pp) “Storm Water Plan.” Written narratives, specifications, drawings, sketches, written standards, operating procedures, or any combination of these which contain information pursuant to this chapter.
(qq) “Storm Water Runoff Facility.” The method, structure, area, system, or other equipment or measures which are designed to receive, control, store, or convey storm water as well as treat it for pollutants.
(rr) “Stream.” A river, stream or creek which may or may not be serving as a drain, or any other water body that has definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water.
(ss) “Surface Waters of the State.” Defined consistent with the Part 4 Rules (Rules 323.1041 through 323.1117 of the Michigan Administrative Code) to mean all of the following, but not including drainage ways and ponds (detention and retention ponds or lagoons) used solely for wastewater conveyance, treatment, or control:
(1) The Great Lakes and their connecting waters;
(2) All inland lakes;
(3) Rivers;
(4) Streams;
(5) Impoundments;
(6) Open drains;
(7) Other surface bodies of water within the confines of the State.
(tt) “Water-body.” A river, lake, stream, creek or other watercourse or wetlands.
(uu) “Watercourse.” One that has not been altered artificially.
(vv) “Wetlands (Regulated).” Land characterized by the presence of water at a frequency and duration sufficient to support wetland vegetation or aquatic life.
(Ord. 2015-01. Passed 1-26-15.)