(A) Management of and responsibility for storm water system. The city is not responsible for providing drainage facilities on private property for the management of storm water on said property. It shall be the responsibility of the property owner to provide for, and maintain, private storm water management facilities serving the property and to prevent or correct the accumulation of debris that interferes with the drainage function of a water body or the functioning of such drainage.
(B) Storm water system. All storm water management facilities shall be constructed and maintained in accordance with all applicable federal, state, and local ordinances, and rules and regulations.
(C) Storm water discharge rates and volumes. Minimum design standards set forth in § 2.187 of this chapter shall apply to all new development and redevelopment projects, including preventing or minimizing water quality impacts. Specific exemptions are listed in the Storm Water Standards Manual.
(D) Floodplain standards.
(1) All new buildings and substantial improvements to existing buildings shall be protected from flood damage up to the flood protection elevation (FPE) and shall be in accordance with all applicable federal, state, and local ordinances, and rules and regulation. Floodway alteration in a local floodplain shall be permitted only upon review and approval by a FEMA Letter of Map Amendment (LOMA), in accordance with an approved drainage plan.
(2) A drainage plan providing for the filling or alteration of a floodway within a local floodplain shall include provisions for maintaining stability of banks of streams or other water bodies. Establishing buffer zones is one means of providing protection of the slopes and banks or water bodies.
(3) Within any required buffer zone, no earth change shall take place except in accordance with the approved drainage plan. Such a plan may also include provisions for the replacement of local flood plain storage volume, where such storage volume is lost or diminished as a result of approved development.
(4) Any earth change with a state-regulated floodplain shall only be undertaken in accordance with any required state or federal permit.
(a) Advisability of additional flood protection. The degree of flood protection required by this chapter is hereby found to be the minimum necessary and reasonable for regulator purposes. Larger floods may occur, and higher floodwater heights may occur than will be mitigated or controlled by compliance with these requirements. This chapter shall not be interpreted to imply or guarantee that areas outside the floodway or the state-regulated floodplain or uses permitted within such areas, shall remain free from flooding or flood damage. Compliance with the terms of this chapter will not guarantee freedom from damage, injury or loss of life. This chapter shall not be interpreted or applied to create liability for the City of East Grand Rapids or any officer, agent, or employee of the city for any flood or flood related damage.
(E) Soil erosion and sedimentation control.
(1) All persons who cause, in whole or in part, any earth change to occur shall provide soil erosion and sedimentation control so as to adequately prevent soils from being eroded and discharged or deposited onto adjacent properties or into a storm water drainage system, a public street or right-of-way, wetland, creek, stream, water body, or floodplain. All development shall be in accordance with all applicable federal, state, and local ordinances, rules and regulations.
(2) During any earth change which exposes soil to an increased risk of erosion or sediment track-out, the property owner and other persons causing or participating in the earth change shall do the following:
(a) Comply with the storm water management standards of this chapter;
(b) Obtain and comply with the terms of a soil erosion and sedimentation control permit if required by law;
(c) Prevent damage to any public utilities or services within the limits of grading and within any routes of travel or areas of work of construction equipment;
(d) Prevent damage to or impairment of any water body on or near the location of earth change or affected thereby;
(e) Prevent damage to adjacent or nearby land;
(f) Apply for all required approvals or permits prior to the commencement of work;
(g) Proceed with the proposed work only in accordance with the approved plans and in compliance with this chapter and the Storm Water Standards Manual;
(h) Maintain all required soil erosion and sedimentation control measures, including but not limited to, measures required for compliance with the terms of this chapter;
(i) Promptly remove all soil, sediment, debris, or other materials applied, dumped, tracked, or otherwise deposited on any lands, public streets, sidewalks, or other public ways or facilities, as directed by the regulatory agency issuing the soil erosion and sediment control permit. Removal of all such soil, sediment, debris or other materials within 24 hours shall be considered prima facie compliance with this requirement, unless such materials present an immediate hazard to public health and safety;
(j) Refrain from grading lands at locations near or adjoining lands, public streets, sidewalks, alleys, or other public or private property without providing adequate support or other measures as to protect such other lands, streets, sidewalks or other property from settling, cracking or sustaining other damage; and
(k) The property owner shall have the soil erosion and sediment control measure inspected weekly and within 24 hours of a rain event of sufficient quantity to cause runoff. The inspection for sites one acre or greater shall be conducted by an EGLE certified construction site storm water operator who shall maintain written inspection logs. Logs shall be made available to the city.
(F) Building openings.
(1) No building opening shall be constructed below the following elevations:
(a) One foot above the base flood elevation;
(b) One foot above the 100-year water surface hydraulic grade line of the storm water system;
and
(c) The building opening established at the time of plat or development approval and on file with the city.
(2) No lowest floor shall be constructed below the following elevations:
(a) Two feet above the highest known ground water elevation;
(b) The lowest allowable floor established at the time of plat or redevelopment approval and on file with the city.
(3) A waiver from elevations stated in this division (F) may be granted by the city following receipt of a certification from a registered professional engineer demonstrating that the proposed elevation does not pose a risk of flooding and with a FEMA LOMA approval.
(4) Upon completion of construction of the structure’s foundation and or slab on grade, a registered land surveyor shall certify any minimum building opening or lowest floor elevation specified by this chapter. This certificate shall attest that the building opening or lowest floor elevation complies with the standards of this chapter. The permittee for the building permit shall submit the certificate to the city building inspections official prior to the commencement of framing and/or structural steel placement. If the surveyor should find that the minimum building opening or lowest floor elevation is below the elevation specified in division (F)(1)(a) through (c) above, that opening must be raised using a method that meets with the approval of the city. After reconstruction, a registered land surveyor or engineer shall re-certify that the minimum building opening or lowest floor elevation complies with the standards of this chapter prior to the commencement of framing and/or structural steel placement.
(G) Sump pump discharge.
(1) Whenever building footing drains are required or utilized, a direct connection between the footing drains and the storm sewer through a sump pump-check valve system, or a gravity pipe with a double flap gate valve for backflow prevention is required. The check valve system shall be installed on private property and maintained by the property owner.
(2) A storm water lateral shall be constructed for each parcel at the time of storm sewer construction if feasible. If no lateral is constructed, the property owner shall discharge said water in such a manner as to not impact neighboring land or public streets. If a storm water lateral does not exist, and if it is technically feasible to construct one, the property owner may install one at their expense. Any work to be conducted within the right-of-way must be expressly authorized by the city.
(3) The property owner assumes all risks associated with connecting directly into the storm sewer system. The requirements outlined in division (G)(1) above are the minimum required for the city to allow a property owner to connect a foundation drain to the storm sewer system. Additional measures may be considered to reduce the risk of storm sewer backups, such as the inclusion of a physical air gap between the residential storm water discharge line and the public storm sewer system. All backflow prevention devices shall be installed on private property and maintained by the property owner. Storm water runoff shall not be redirected or infiltrated within the influence of footing drains.
(4) None of the requirements of this § 2.182(G) shall be interpreted to require a property owner to connect into the storm sewer system.
(5) If a storm sewer connection is not utilized, foundation drain outlets shall comply with other applicable city ordinances.
(Prior Code, § 2.182) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)