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(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)
(A) Permit required.
(1) No person shall engage in any development activity without first receiving a storm water permit from the city pursuant to division (B) below.
(2) The granting of a storm water permit only authorizes the discharge of storm water from the development for which the permit is required, subject to the terms of the permit. It shall not be deemed to approve other development, other land use activities, or replace other required permits.
(B) Storm water permit review procedures. The city shall grant a storm water permit, which may impose terms and conditions in accordance with division (I) below, only upon compliance with each of the following requirements:
(1) The developer has submitted a site (drainage) plan complying with division (C) below.
(2) The developer has paid or deposited the storm water permit review fee pursuant to division (D) below.
(3) The developer has paid or posted an applicable performance guarantee pursuant to division (F) below.
(4) The developer agrees to provide all easements necessary to implement the approved drainage plan and to otherwise comply with this chapter, including, but not limited to, § 2.186(B). All easements shall be acceptable to the city in form and substance and shall be recorded with the County Register of Deeds. At the discretion of the city the final easement may be required to be recorded prior to permit issuance.
(5) The developer provides the required maintenance agreement for routine, emergency, and long-term maintenance of all structural and vegetative BMPs installed and implemented to meet the performance standards, and to comply with the approved drainage plan and this chapter, including, but not limited to, § 2.186(C). The maintenance agreement shall be acceptable to the city in form and substance, may not be amended without the approval of the city, shall be binding on all future property owners, and shall be recorded with the County Register of Deeds.
(C) Drainage plan. The developer shall provide adequate storm water management facilities for the development site. Adequate facilities reduce the exposure of people to drainage-related adverse impacts and to health and safety hazards. They reduce the exposure of real and personal property to damage through storm water inundation. The storm water management system and storm water best management practices (BMPs) shall be designed in accordance with the latest version of the document “Storm water Standards Manual” of The City of East Grand Rapids.
(1) The developer shall provide a drainage plan prepared by a civil engineer to the city for review and approval by the city. The drainage plan shall identify and contain all the information required in the “Storm water Standards” manual, including an implementation plan relative to the development site.
(2) The implementation plan for construction and inspection of all storm water management facilities necessary to the overall drainage plan shall include a schedule of the estimated dates of completing construction of the storm water management facilities shown on the plan and an identification of the proposed inspection procedures to ensure that the storm water management facilities are constructed in accordance with the approved drainage plan.
(D) Storm water permit review fees.
(1) All expenses and cost incurred by the city directly associated with processing, reviewing and approving or denying a storm water permit application shall be paid to the city from the funds in a separate escrow account established by the developer, as provided in division (D)(2) below. The city shall draw funds from a developer's escrow account to reimburse the city for out-of-pocket expenses incurred by the city relating to the application. Such reimbursable expenses include, but are not limited to the following:
(a) Services of the city attorney directly related to the application;
(b) Services of the engineer or city engineering consultants directly related to the application;
(c) Services of other independent contractors or consultants working for the city which are directly related to the application; and
(d) Any additional public hearings, required mailings and legal notice requirements necessitated by the application.
(2) At the time a developer applies for a storm water permit they may be required to deposit with the city an escrow deposit, an initial amount as determined by the Director of Public Works for such matters, and shall provide additional amounts as requested by the city in such increments as are specified. Any excess funds remaining in the escrow account after the application has been fully processed, reviewed, and the final city approval and acceptance of the development has occurred will be refunded to the developer with no interest to be paid on those funds. At no time prior to the city's final decision on an application shall the balance in the escrow account fall below the amount as designated by the Director of Public Works. If the funds in the account are reduced to less than the required amount, the developer shall deposit into the account an additional amount as determined by the Director of Public Works, before the application review process will be continued. Additional amounts necessary to process the application may be required to be placed in the escrow account by the developer, at the discretion of the city and based upon the criteria set forth in this chapter.
(E) Construction site runoff controls. Prior to making any earth change on a development site regulated by this chapter, the developer shall first obtain a soil erosion permit issued in accordance with Part 91 of Act No. 451 of the Public Acts of 1994, as amended, if otherwise required by law. The developer shall install storm water management facilities and shall phase the development activities to prevent construction site storm water runoff and off-site sedimentation. During all construction activities on the development site, the city or Kent County Road Commission may inspect the development site to ensure compliance with the approved construction site runoff controls.
(F) Performance guarantee.
(1) The city shall not approve a storm water permit until developer submits to the city a letter of credit or other performance guarantee in a form and amount satisfactory to the city, a letter of credit or other performance guarantee to ensure the timely and satisfactory construction of all approved storm water management facilities and to complete site grading in accordance with the approved drainage plan. Upon certification by a registered professional engineer that the storm water management facilities have been completed in accordance with the approved drainage plan including, but not limited to, the implementation plan required to be submitted in division (C) above, and receipt of construction record drawings meeting the minimum requirements of the city or the County Drain Commissioner, the city may release the letter of credit, or other performance guarantee subject to final city acceptance and approval.
(2) Except as provided in division (F)(3) below, the amount of the performance guarantee shall be the amount of the construction estimate provided by a registered professional engineer, unless the city reasonably determines that a greater amount is appropriate, in which case the basis for such determination shall be provided to the developer in writing. In determining whether an amount greater than the construction estimate is appropriate, the city shall consider the size and type of the development, the size and type of the on-site storm water system, and the nature of the off-site storm water management facilities the development will utilize.
(3) The Director of Public Works may reduce or waive the amount of the performance guarantee for a development that will not increase the percentage of impervious surface of the development site by more than 10% and in accordance with those factors set forth in division (F)(2) above.
(4) This chapter shall not be construed or interpreted as relieving a developer of its obligation to pay all costs associated with on-site private storm water management facilities as well as those costs arising from the need to make other drainage improvements in order to reduce a development's impact on a drain consistent with adopted design standards.
(G) Certificate of occupancy. No final certificate of occupancy shall be issued to a development until storm water management facilities have been completed in accordance with the approved drainage plan; provided, however, the city may issue a certificate of occupancy if an acceptable letter of credit or other performance guarantee has been submitted to the city , for the timely and satisfactory construction of all storm water management facilities and site grading in accordance with the approved drainage plan.
(H) No change in approved facilities. Storm water management facilities, after construction and approval, shall be maintained in good operational condition, in accordance with the approved drainage plan, and shall not be subsequently altered, revised or replaced except in accordance with the approved drainage plan, or in accordance with approved amendments or revisions to that plan.
(I) Terms and conditions of permits. In granting a storm water permit, the city may impose such terms and conditions as are reasonably necessary to effectuate the purposes of this chapter. A developer shall comply with such terms and conditions.
(Prior Code, § 2.181) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)
(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)
(A) Prohibited discharges.
(1) No person shall discharge to a water body, directly or indirectly, any substance other than storm water or an exempted discharge. Any person discharging storm water shall effectively prevent pollutants from being discharged with the storm water, except in accordance with BMPs.
(2) The city is authorized to require dischargers to implement pollution prevention measures, utilizing BMPs as necessary, to prevent or reduce the discharge of pollutants into the city's storm water drainage system.
(3) No person shall discharge or cause to be discharged into the city storm drain system or watercourse any materials, including, but not limited to, pollutants, or water containing any pollutants that cause or contribute to a violation of applicable water quality standards other than storm water. The commencement, conduct, or continuance of any illicit discharge to the storm drain system is prohibited except for discharges authorized by the city as being necessary to protect public health and safety.
(4) Prohibition of illicit connections.
(a) The construction, use, maintenance, or continued existence of illicit connections to the MS4 is prohibited.
(b) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(c) Without limitation, a person is considered to be in violation of this chapter if the person connects a line conveying wastewater to the MS4 or allows such a connection to continue.
(5) The prohibitions of this section shall not apply to any non-storm water discharge permitted under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided, that the discharge is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.
(B) Exempted discharges.
(1) The following non-storm water discharges shall be exempted from the requirement of this section, provided that they do not result in a violation of State of Michigan water quality standards:
(a) Water supply line flushing;
(b) Landscape irrigation;
(c) Diverted stream flows;
(d) Rising ground water;
(e) Uncontaminated ground water infiltration to storm drains;
(f) Uncontaminated pumped ground water;
(g) Discharges from potable water sources;
(h) Foundation drains;
(i) Air conditioning condensate;
(j) Individual residential car washing;
(k) Dechlorinated swimming pool water;
(l) Street wash water;
(m) Discharges or flows from emergency firefighting activities; and
(n) Discharges for which a specific federal or state permit has been issued.
(2) None of the above exemptions eliminate the need to provide appropriate pollution control or pollution prevention measures required under this chapter or under any other Federal or State law, rule or regulation.
(C) Interference with natural or artificial drains.
(1) It shall be unlawful for any person to stop, fill, dam, confine, pave, alter the course of, or otherwise interfere with any natural or constructed drain, ditch, swale, culvert, water body, floodplain, or flood prone area without first submitting a drainage plan to the city and receiving approval of that plan. Any deviation from the approved plan is a violation of this chapter. This section shall not prohibit, however, necessary emergency action so as to prevent or mitigate drainage that would be injurious to the environment, the public health, safety, or welfare.
(2) No filling, blocking, fencing or above-surface vegetation planting shall take place within a floodway.
(3) No shrubs or trees shall be planted below the top of the bank of a water body.
(4) For an overland flow-way:
(a) Silt screen fences shall not be permitted below the top of the bank of a water body.
(b) Chain link fences shall be permitted if the city determines that the fence will not obstruct or diver the flow of water.
(c) If a fence is removed by the city for drain access or drain maintenance, the fence shell be replaced by the owner of the fence at the owner's expense.
(5) Shrubs, trees or other above-ground vegetation shall not be planted over the top of an underground storm sewer or over the top of the easement within which the storm sewer has been installed.
(D) Storage of materials in drainageway. It shall be unlawful for any person to store, stockpile or dispose of any hazardous, toxic, or non-toxic material including, but not limited to, chemicals, explosives, buoyant materials, yard wastes, log and brush piles, unsecured landscaping materials, play or work sheds, animal wastes, fertilizers, flammable liquids and pollutants within an overland flow-way, drainage system or a floodplain unless adequate protection and or containment has been provided to prevent such materials from entering, diverting or blocking the city drainage system, except as specifically permitted by State and Federal law.
(Prior Code, § 2.183) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)
(A) Inspection and sampling. To assure compliance with the standards outlined in § 2.187, the city may inspect and/or obtain storm water samples from storm water management facilities of any discharger to determine compliance with the requirements of this chapter. Upon request, the discharger shall allow the city’s properly identified representative to enter upon the premises of the discharger at all hours necessary for the purposes of such inspection or sampling absent exigent circumstances. The city shall make a reasonable effort to provide the discharger with advance notice of such inspection and/or sampling. Unreasonable delays in allowing access to a discharger’s facility is a violation of this chapter. As a condition of the issuance of any permit in accordance with this chapter, a permittee is deemed to consent to the city’s exercise of its right to place on the discharger’s property the equipment or devices used for such sampling or inspection.
(B) Storm water monitoring facilities. A discharger of storm water runoff shall install and operate equipment or devices for the monitoring of storm water runoff, at its own expense, so as to provide for inspection, sampling, and flow measurement of each discharge to a water body or a storm water management facility, when directed in writing to do so by the city or its designee. The city may require a discharger to provide an operate such equipment and devices if it is necessary or appropriate for the inspection, sampling, and flow measurement of discharges in order to determine whether adverse effects from or as a result of such discharges may occur. All such equipment and devices for the inspection, sampling, and flow measurement of discharges shall be installed and maintained in accordance with applicable laws, ordinances, and regulations.
(C) Accidental discharges.
(1) Any discharger who accidently discharges into a water body any substance other than storm water or an exempted discharge shall immediately inform the city concerning the discharge. If such information is given orally, a written report concerning the discharge shall be filed with the city within five days. The written report shall specify:
(a) The composition of the discharge and the cause thereof;
(b) The exact date, time, and estimated volume of the discharge;
(c) All measures taken to date to clean up the accidental discharge, and all measures proposed to be taken to reduce and prevent any recurrence; and
(d) The name and telephone number of the person making the report and the name of a person who may be contacted for additional information on the matter.
(2) A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this chapter against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief as a result of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of division (C)(1) above.
(D) Record keeping requirement. Any person subject to this chapter shall retain and preserve for no less than three years any and all books, drawings, plans, prints, documents, memoranda, reports, correspondence and records, including records on magnetic or electronic media an any and all summaries of such records, relating to monitoring, sampling, and chemical analysis of any discharge or storm water runoff from any property.
(Prior Code, § 2.184) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)
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