(A) Statutory authority and title. This chapter shall be known and may be cited as the City of East Grand Rapids Storm Water Management Ordinance.
(B) Findings. The City of East Grand Rapids finds that:
(1) Water bodies, roadways, structures, and other property within, and downstream of the city are at times subjected to flooding;
(2) Flooding is a danger to the lives and property of the public and is also a danger to the natural resources of the city and the region;
(3) Land developed alters the hydrologic response of watersheds, resulting in increased storm water runoff rates and volumes, increased flooding, increased stream channel erosion, and increased sediment transport and deposition;
(4) Storm water runoff produced by land development contributes to increased quantities of water-borne pollutants;
(5) Increases of storm water runoff, soil erosion, and non-point sources pollution have occurred as a result of land development, and cause deterioration of the water resources of the city and downstream municipalities;
(6) Storm water runoff, soil erosion, and non-point source pollution, due to land development within the city, have resulted in a deterioration of the water resources of the city and downstream municipalities;
(7) Increased storm water runoff rates and volumes, and the sediments and pollutants associated with storm water runoff from future development projects within the city will, absent reasonable regulation and control, adversely affect the city water bodies and water resources, and those of downstream municipalities;
(8) Storm water runoff, soil erosion, and non-point source pollution can be controlled and minimized by the regulation of storm water runoff from development;
(9) Post-construction storm water runoff program requirements for new development and redevelopment within the city are set forth in the 2013 Michigan Department of Environment, Great Lakes, and Energy (formerly Michigan Department of Environmental Quality) Permit Application for Discharge of Storm Water to Surface Waters of the State from a Municipal Separate Storm Sewer System (MS4) under the National Pollution Discharge Elimination System (NPDES) program (Rev 10/2014);
(10) Adopting the standards, criteria and procedures contained in this ordinance and implementing the same will address many of the deleterious effects of storm water runoff;
(11) Adopting these standards is necessary for the preservation of the public health, safety, and welfare;
(12) Adopting these standards is necessary to comply with the NPDES MS4 permit;
(13) Illicit discharges contain pollutants that will significantly degrade the city’s water bodies and water resources;
(14) Illicit discharges enter the city’s MS4 through either direct connections (e.g. sanitary sewer laterals mistakenly or deliberately connected to the storm sewers) or indirect connections (e.g. infiltration, or spills conveyed by surface flow into the storm sewer system); and
(15) Establishing and implementing measures for controlling illicit discharges and connections will address many of their deleterious effects.
(C) Purpose. It is the purpose of this chapter to establish minimum storm water management requirements and controls to accomplish, among others, the following objectives:
(1) To reduce artificially induced flood damage;
(2) To minimize increased storm water runoff rates and volumes from identified new land development;
(3) To minimize the deterioration of existing watercourses, culverts and bridges, and other structures;
(4) To encourage water recharge into the ground where geologically favorable conditions exist;
(5) To prevent an increase in non-point source pollution;
(6) To maintain the integrity of stream channels for their biological functions, as well as for drainage and other purposes;
(7) To minimize the impact of development upon stream bank and streambed stability;
(8) To reduce erosion from development or construction projects;
(9) To preserve and protect water supply facilities and water resources by means of controlling increased flood discharges, stream erosion, and runoff pollution;
(10) To reduce storm water runoff rates and volumes, soil erosion, and non-point source pollution, wherever practicable, form lands that were developed without storm water management controls meeting the purposes and standards of this chapter;
(11) To reduce the adverse impact of changing land use on water bodies and, to that end, this chapter establishes minimum standards to protect water bodies from degradation resulting from changing land use where there are insufficient storm water management controls;
(12) To regulate the contribution of pollutants to the MS4 from storm water discharges;
(13) To prohibit illicit discharges and connections to the MS4; and
(14) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter.
(D) Applicability, exemptions and general provisions.
(1) This chapter shall apply to all new development and all redevelopment projects, including private, commercial, and public projects that disturb one acre or more, and projects less than one acre that are part of a larger common plan of development or sale that would disturb one acre or more.
(2) This chapter shall not apply to the following provided, however, that this chapter does not supersede any other city ordinance:
(a) The installation or removal of individual mobile homes within a mobile home park. This exemption shall not be construed to apply to the construction, expansion, or modification of a mobile home park;
(b) Construction of, or an addition, extension or modification to, an individual single-family or a two-family detached dwelling;
(c) Farm operations and buildings, except dwellings, directly related to farm operations. This exemption shall not apply to greenhouses and other similar structures; and,
(d) Plats with preliminary plat approval and other developments with final land use approval prior to the effective date of this chapter, where such approvals remain in effect.
(E) Definitions. 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:
BASE FLOOD. A flood having a 1% chance of being equaled or exceeded in any given year
BASE FLOOD ELEVATION. The high-water elevation of the base flood, commonly referred to as the “100-year flood elevation.”
BASE FLOOD PLAIN. The area inundated by the base flood.
BEST MANAGEMENT PRACTICES (BMPS). A practice, or combination of practices and design criteria that accomplish the purposes of this chapter (including, but not limited to reducing storm water runoff rates, reducing storm water runoff volume, and reducing the amount of pollutants in storm water) as determined by the city and, where appropriate, the standards of the County Drain Commissioner.
BUILDING OPENING. Any opening of a solid wall such as a window or door, through which floodwaters could penetrate.
CLEAN WATER ACT. The Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as amended, and the applicable regulations promulgated thereunder.
CONSTRUCTION SITE STORM WATER RUNOFF. Storm water runoff from a development site following an earth change and before final site stabilization.
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.
DEVELOPMENT. The installation or construction of buildings, structures or other impervious surfaces on a site that disturbs one acre of land or more, including projects less than one acre that are part of a larger common plan or sale that would disturb one acre or more. A development may include a land division, plat, site condominium, planned unit development, mobile home park, private road or other special land use requiring land use or other review and approval by the city.
DEVELOPER. Any person or entity proposing or implementing the development of land
DEVELOPMENT SITE. Any land that is being or has been developed, or that a developer proposed for development.
DISCHARGER. Any person or entity who directly or indirectly discharges storm water from any property.
DRAIN. Any drain as defined in the Drain Code of 1956, as amended, being M.C.L.A. §§ 280.1, et seq.
DRAINAGE. The collection or conveyance of storm water, ground water, and/or surface water.
DRAINAGEWAY. The area within which surface water or ground water is conveyed from one part of a lot or parcel to another part of the lot or parcel or to adjacent land or to a watercourse.
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.
EGLE. Michigan Department of Environment, Great Lakes and Energy.
EPA. The United States Environmental Protection Agency.
EROSION. The process by which the ground surface is worn away by action of wind, water, gravity or a combination thereof.
FEDERAL EMERGENCY MANAGE-MENT AGENCY (FEMA). The agency of the federal government charged with emergency management.
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.
FLOOD-PROOFING. Any structural and/or non-structural additions, changes, or adjustments to structures or property that reduce or eliminate flood damage to land, improvements, utilities, or structures.
FLOOD PROTECTION ELEVATION (FPE). The base flood elevation plus one foot at any given location.
FLOODWAY. The channel of a river or stream and the portions of the floodplain adjoining the channel that are reasonably required to carry and discharge a 100-year flood.
GRADING. Any stripping, excavating, filling, and stockpiling of soil or any combination thereof, and the land in its excavated or filled condition.
GROUNDWATER. Water below the land surface in the zone of saturation as defined by EGLE Part 213.
HAZARDOUS MATERIAL(S). Any material including any substance, waste or combination thereof, which because of its quantity, concentration or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
HIGH GROUNDWATER. A groundwater elevation which does not meet minimum distance from the bottom of proposed practice as defined in the Storm Water Standards Manual.
ILLICIT CONNECTION. Any method or means for conveying an illicit discharge into water bodies or city’s storm water system.
ILLICIT DISCHARGE. Any discharge to water bodies or storm water systems 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.
IMPERVIOUS SURFACE. Any surface that does not allow storm water to percolate into the ground.
LOCAL FLOODPLAIN. Any land area subject to periodic flooding as determined by Federal Emergency Management Agency (FEMA) .
LOCAL GOVERNMENT. The City of East Grand Rapids, or a properly delegated official.
LOWEST FLOOR. The lowest floor or the lowest enclosed area (including a basement), but not including an unfinished or flood-resistant enclosure which is usable solely for parking of vehicles or building access.
MS4. Municipal Separate Storm Sewer System is a system of drainage (including roads, storm drains, pipes and ditches, etc.) that is not a combined sewer or part of a sewage treatment plant. During wet weather, pollutants are transported through MS4s to local water bodies.
MS4 PERMIT. Regulated communities with MS4s that discharge to waters of the state are required to obtain a permit under Section 402 of the Federal Clean Water Act, as amended, and under the Water Resources Protection (Part 31, Act 451, PA 1994) of the Michigan Natural Resources and Environmental Protection Act (NREPA), as amended.
NPDES. National Pollution Discharge Elimination System. The NPDES program protects the surface waters of the state by assuring that discharges of wastewater comply with state and federal regulations. Anyone discharging or proposing to discharge wastewater to the surface waters of the state are required to make application for and obtain a valid NPDES permit prior to wastewater discharge.
OVERLAND FLOW-WAY. Surface area that conveys a concentrated flow of storm water runoff
PERSON. An individual, firm, partnership, association, public or private corporation, public agency, instrumentality, or any other legal entity.
PLAN. Written narratives, specifications, drawings, sketches, written standards, operating procedures, or any combination of these.
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 defines as a pollutant under the Clean Water Act.
PROJECT SITE. Area of earth change or disturbance.
PROPERTY OWNER. Any person having legal or equitable title to property or any person having or exercising care, custody, or control over any property.
RETENTION. A system which is designed to capture storm water and contain it until it infiltrates the soil or evaporates.
RIPARIAN PROPERTY OWNER. A property owner whose land is adjacent to a waterbody.
SEWERSHED. A catchment defined by storm drain infrastructure emptying into a common outlet.
SOIL EROSION. The stripping of soil and weather rock from land creating sediment for transportation by water, wind, or ice, and enabling formation of new sedimentary deposits.
STATE OF MICHIGAN WATER QUALITY STANDARDS. All applicable state rules, regulations, and laws pertaining to water quality, including the provisions of Section 3106 of Par 31 of 1994 PA 451, as amended.
STATE-REGULATED FLOODPLAIN. Any area of land adjoining a river or stream that will be inundated by a base flood that has a drainage area of two square miles or more when measured at the downstream limits of the proposed development site.
STORM DRAIN. A system of open or enclosed conduits and appurtenant structures intended to convey or manage storm water runoff, ground water and drainage.
STORM WATER PERMIT. A permit issued pursuant to this chapter.
STORM WATER RUNOFF. Water that originates during precipitation events or with snowmelt. Storm water that does not soak into the ground or evaporates becomes storm water runoff, which either flows directly into surface waters or is channeled into storm drainage systems.
STORM WATER MANAGEMENT FACILITY. The method, structure, area, system, plantings, trees, or other equipment or measures which are designed to receive, control, store, convey, infiltrate, or treat storm water.
STORM WATER STANDARDS MANUAL. Establishes a uniform set of minimum storm water design standards necessary to provide for public safety, the protection of property, and to comply with the NPDES MS4 individual permit.
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.
SUBSTANTIAL IMPROVEMENT. A repair, reconstruction, or improvement of an existing structure, such that the cost equals or exceeds 50% of the true cash value of the structure either:
(a) Before the improvement is started;
(b) Before the damage occurred if the structure has been damaged and is being restored; or
(c) SUBSTANTIAL IMPROVEMENT is started when the first alteration of any structural part of the building commences.
UNCONTAMINATED PUMPED GROUNDWATER. Pumped groundwater from dewatering wells at sites where no known soil or groundwater contamination exists.
WASTEWATER. Any water or other liquid other than uncontaminated storm water discharged from a facility.
WATER BODY. A river, lake, stream, creek or other watercourse or wetlands.
WATERSHED. A land area draining into a water body.
WETLANDS. Land characterized by the presence of water at a frequency and duration sufficient to support wetland vegetation and aquatic life.
(Prior Code, § 2.180) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)