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(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)
(A) Sanctions for violation.
(1) Any person violating any provision of this chapter shall be responsible for a municipal civil infraction and subject to a fine, plus costs, damages, expenses, and other sanctions as authorized under Chapter 87 of the Revised Judicature Act of 1961 and other applicable laws, including, without limitation, equitable relief; provided, however, that the violation stated in division (A)(2) below shall be a misdemeanor. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender for compliance with the requirements of this chapter. For purposes of this section, “subsequent offense” means a violation of the provisions of this chapter committed by the same person within 12 months of a previous violation of the same provision of this chapter for which said person admitted responsibility or was adjudicated to be responsible. The city designated enforcement officer is authorized to issue municipal civil infraction citations for a violation of any provision of this chapter.
(2) Any person who neglects or fails to comply with a stop work order issued under division (B) below shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of no more than $500 or imprisonment for no more than 93 days, or both such fine and imprisonment, and such person shall also pay such costs of prosecution and other charges as may be imposed in the discretion of the court.
(3) Any person who aids or abets a person in a violation of this chapter shall be subject to the sanctions provided in this section.
(B) Stop work order. Where there is work in progress that causes or constitutes in whole or in part, a violation of any provision of this chapter, the city is authorized to issue a stop work order to prevent further or continuing violations or adverse effects. All persons to whom a stop work order is directed, or who are involved in any way with the work or matter described in a stop work order shall fully and promptly comply therewith.
(C) Failure to comply; completion. In addition to any other remedies, should any owner fail to comply with the provisions of this chapter, the city may, after giving reasonable notice and an opportunity for compliance, have the necessary work done, and the owner shall be obligated to promptly reimburse the city for all costs of such work. Without limiting the foregoing, a failure to comply or otherwise bring property into compliance with this chapter is deemed a public nuisance and shall be subject to abatement.
(D) Emergency measures. When emergency measures are necessary to protect public safety, health and welfare, and/or to prevent loss of life, injury, or damage to property, the city is authorized to carry out or arrange for all such emergency measures. Property owners shall be responsible for the cost of such measures made necessary as a result of a violation of this chapter and shall promptly reimburse the city for all such costs.
(E) Cost recovery for damage to storm drain system. A discharger shall be liable for all costs incurred by the city as the result of causing a discharge that produces a deposit or obstruction, or causes damage to, or impairs a storm drain, or violates any of the provisions of this chapter. Costs include, but are not limited to, those penalties levied by the EPA or MEDQ for violation of a NPDES permit, attorney fees, and other costs and expenses.
(F) Collection of costs; lien. To the extent permitted by law, service charge incurred by the city and/or the County Drain Commissioner in any manner authorized by law including, but not limited to, all remedies authorized by Act No. 94 of the Public Acts of 1933, as amended. When applicable, said costs shall be a lien on the premises which shall be enforceable in accordance with Act No. 94 of the Public Acts of 1933, as amended from time to time or as otherwise authorized by law with any such charges which are delinquent for six months or more may be certified annually to the City Treasurer who shall enter the lien on the next tax roll against the premises and the costs shall be collected and the lien shall be enforced in the same manner as provided for in the collection of taxes assessed upon the roll and the enforcement of a lien of taxes.
(G) Appeals. Any person as to whom any provision of this chapter has been applied may appeal in writing, no later than 30 days after the action or decision being appealed from, to the City Manager or his/her designee the action or decision whereby any such provision was so applied. Such appeal shall identify the manner being appealed, and the basis for the appeal. The City Manager or his/her designee shall consider the appeal and may affirm, reject, or modify the action being appealed based on the standards set forth in this chapter. The City Manager or his/her designee may impose reasonable conditions on an affirmative decision in an appeal. City Manager or his/her designee shall make its decision in writing and shall furnish a copy of the decision to the person making the appeal. In considering any such appeal, the City Manager or his/her designee may consider the recommendations of the city engineer and the comments of other persons having knowledge of the matter.
(H) Suspension of MS4 access.
(1) The city may, without prior notice, suspend a person's discharge access to the MS4 when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of person or the MS4. If the person fails to comply with a suspension order issued herein, the city may take such steps as deemed necessary to prevent or minimize damage to the MS4 or the environment, or to minimize danger to persons. A person failing to comply with a suspension order pursuant to this section shall be liable for all cost incurred by the city as the result of such failure to comply and a violation shall constitute a public nuisance.
(2) Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its MS4. A person violates this chapter if the person reinstates MS4 access to a premise terminated pursuant to this section, without the prior approval of the city.
(Prior Code, § 2.185) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)
(A) Applicability of requirements. The requirements of this section concerning storm water easements and maintenance agreements shall apply to all persons required to submit a drainage plan to the city for review and approval.
(B) Storm water management easements. The property owner shall provide all storm water management easements necessary to implement the approved drainage plan and to otherwise comply with this chapter in form and substance required by the city and shall record such easements as directed by the city. The easements shall assure access for proper inspection and maintenance of storm water management facilities and shall provide adequate emergency overland flow-ways.
(C) Maintenance agreements.
(1) Maintenance agreement required. The developer shall provide all storm water maintenance agreements necessary to implement the approved drainage plan and to otherwise comply with this chapter in form and substance as required by the city and shall record such agreements as directed by the city. The maintenance agreements shall, among other matters, assure access for proper inspection and maintenance or corrective actions of storm water CMPs, including emergency overland flow-ways, and include provisions for tracking the transfer of operation and maintenance responsibility to ensure the performance standards are met in perpetuity.
(2) Maintenance agreement provisions. The maintenance agreement shall include a maintenance plan and schedule for routine, emergency and long-term maintenance of all structural and vegetative storm water BMPs installed and implemented to meet the performance standards, with a detailed annual estimated budget for the initial three years, and a clear statement that only future maintenance activities in accordance with the maintenance agreement plan shall be permitted without the necessity of securing new permits.
(b) If it has been found by the city, following notice and an opportunity to be heard by the property owner, that there has been a material failure or refusal to undertake maintenance as required under this chapter and/or as required in the approved maintenance agreement as required hereunder, the city shall then be authorized, but not required, to hire an entity with qualifications and experience in the subject matter to undertake the monitoring and maintenance required, in which event the property owner shall be obligated to advance or reimburse payment for all costs and expense associated with such monitoring and maintenance, together with a reasonable administrative fee. The maintenance agreement required under this chapter shall contain a provision spelling out the requirements and, if the applicant objects in any respect to such provision or the underlying rights and obligations, such objection shall be resolved prior to the commencement of construction of the proposed development of the property.
(D) Establishment of county drains. Prior to final approval of a platted subdivision, all storm water management facilities for platted subdivisions shall be established as county drains, as authorized in Section 433, Ordinance 18 of the Michigan Drain Code (P.A. 40 of 1956, as amended) for long-term maintenance.
(Prior Code, § 2.186) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)
(A) Design standards. Storm water BMPs shall be designed to manage storm water flow within the available capacity of the downstream conveyance system as determined by the city. In addition, storm water BMPs shall be designed to meet performance standards as described in division (B) below. Storm water system design shall be in accordance with the latest version of the Storm Water Standards Manual published by the city.
(B) Performance standards. In order to achieve the goals and purposes of this chapter, the following storm water management performance standards are hereby established:
(1) Water quality treatment. Treat the calculated site runoff for the entire project site from the 90% annual non-exceedance storm, which is approximately equal to one inch of rain (i.e. on average, 90% of the storm in a given year, produces one inch or less). The treatment volume specified is based on capturing and treating the volume of storm water that is the first to runoff in a storm and expected to contain the majority of pollutants. This volume of runoff is often referred to as the “first flush”. The water quality treatment standard is required for all sites.
(a) Total suspended solids (TSS). The methods selected to treat the volume of water calculated for the water quality treatment performance standard shall be designed on a site-specific basis to achieve either a minimum of 80% removal of TSS, as compared with uncontrolled runoff, or discharge concentration of TSS that does not exceed 80 milligrams per liter (mg/l). This performance standard is based on TSS as a surrogate for other pollutants normally found in storm water runoff. Control of TSS to meet this standard is expected to achieve control of other pollutants to an acceptable level that protects water quality.
(2) Channel protection. Maintain the post-development project site runoff volume and peak flow rate at or below pre-development levels for all storms up to the two-year, 24-hour event. At a minimum, pre-development is defined as the last land use prior to the planned new development or redevelopment. The channel protection standard is required for storm water discharges to surface waters or the MS4.
(3) Flood control. Control the volume of site runoff from the flood control rainfall event with a maximum allowable release rate to reduce the potential for property damage for overbank flooding and preserve existing floodplains. The flood control event and maximum allowable release rate shall be determined by Kent County. The flood control standard is required for all sites.
(a) Overflow routes. Acceptable overflow routes for the 100-year flood shall be identified for the site and for downstream areas between the site and the nearest acceptable floodway or outlet. Storm water conveyance systems are usually designed to handle flows generated by the ten-year storm. When larger storms generate higher flows, the conveyance system is expected to surcharge resulting in storm water accumulating on the surface of the ground. Gravity will cause such storm water to flow overland to lower elevations. By carefully managing the shape of the land surface such overland storm water flow can be directed to locations that will not cause property damage. Adequate emergency overland flow-ways will direct storm water flows generated by the 100-year storm to avoid damage to structures and facilities.
(4) Site-specific requirements.
(a) Pretreatment. Pretreatment of site runoff is required on a site-specific basis prior to discharging to certain storm water BMPs. Pretreatment provides for the removal of fine sediment, trash and debris, and preserves the longevity and function of the BMP.
(b) Hot spots and groundwater contamination. Some land use activities have a potentially greater risk of polluted runoff than others. Project sites with these types of activities are referred to as “hot spots” and include uses such as gas stations, commercial vehicle maintenance and repair, auto recyclers, recycling centers, and scrap yards. Hot spots also include areas with the potential for contaminating public water supply intakes. Pretreatment of storm water runoff to address pollutants associated with hot spots is required for the site. Storm water management strategies and BMPs that reduce the potential to mobilize existing soil and groundwater contaminants, or that capture and treat storm water runoff and/or accidental spills to protect groundwater or nearby surface waters are required.
(c) Coldwater streams. Storm water management strategies and BMPs that minimize thermal impacts from site runoff and maximize groundwater recharge are required for sites with a surface water discharge to a coldwater stream as determined by the Michigan Department of Natural Resources (MDNR).
(C) Alternative approach for channel protection. In many cases, infiltration will likely be used as the primary means of retention. It is not, however, the sole means of providing onsite retention, and the developer must include consideration of storm water reuse, interception, evapotranspiration, and other vegetative (non-structural) BMPs at the project site. Site constraints that limit the use of infiltration may include:
(1) Poorly draining soils (<0.24 inches per hour; typically, hydrologic soil groups C and D);
(2) Bedrock;
(3) High groundwater, or the potential of mounded groundwater to impair other uses;
(4) Wellhead protection areas;
(5) Storm water hot spots; and
(6) Part 201 and 213 sites, and areas of soil or groundwater contamination.
The city may grant a waiver of the onsite retention criteria for channel protection described in division (B) above and allow an alternative approach to meet the channel protection performance standard if the developer demonstrates that site constraints preclude sufficient retention onsite. If a waiver is granted, the developer must meet the following extended detention criteria:
Extended detention. Detain the portion of the channel protection volume unable to be retained onsite for a minimum of 24 hours with a maximum release rate no greater than the existing one-year peak discharge, and a drawdown time no greater than 72 hours. A waiver from the city must be granted to use this alternative approach.
(D) Resolution to implement performance and design standards. The City Commission of the City of East Grand Rapids may adopt a resolution establishing more detailed design and performance standards for storm water management facilities, consistent with the terms of this chapter, and in order to further implement its goals and purposes.
(Prior Code, § 2.187) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)
(A) Interpretation. Words and phrases in this chapter shall be construed according to their common and accepted meanings, except that words and phrases defined in § 2.180(E) of this chapter shall be construed according to the respective definitions given in that section. Technical words and technical phrases that are not defined in this chapter but which have acquired particular meanings in law or in technical usage shall be construed according to such meanings.
(B) Catchline headings. The catchline headings of the articles and sections of this chapter are intended for convenience only, and shall not be construed as affecting the meaning or interpretation of the text of the articles or sections to which they may refer.
(C) Severability. The provisions of this chapter are hereby declared to be severable, and if any part or provision of this chapter should be declared invalid or unenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall not affect any other part or provision of this chapter.
(Prior Code, § 2.188) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)