For the purpose of this chapter, the following words and phrases
have the meanings respectively ascribed to them by this section unless the context in which they are used specifically indicates otherwise:
APPLICANT.
Any
proposing or implementing the development of
.
BEST MANAGEMENT PRACTICES (BMPs). A practice, or combination of practices and design criteria that comply with the Michigan Department of Environmental Quality’s Guidebook of BMPs for Michigan Watersheds, the Low Impact Development Manual for Michigan, or equivalent practices and design criteria that accomplish the purposes of this chapter (including, but not limited to minimizing storm water runoff and preventing the discharge of pollutants into storm water) as determined by the City Engineer and, where appropriate, the standards of the Genesee County Drain Commissioner.
BUILDING OPENING. Any opening of a solid wall such as a window or door, through which floodwaters could penetrate.
CONSTRUCTION SITE STORM WATER RUNOFF. Storm water runoff from a following an .
CONVEYANCE FACILITY. A , pipe, or channel.
DESIGN ENGINEER. The registered professional engineer responsible for the design of the storm water management .
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.
DEVELOPED or DEVELOPMENT. The installation or construction of impervious surfaces on a that require, pursuant to or local , the city’s approval of a , plat, site condominium, special use, planned unit development, rezoning of , division approval, private road approval or other approvals required for the development of or the erection of buildings or structures; provided, however, that for purposes of §§ 1046.020 through 1046.027 only, DEVELOPED or DEVELOPMENT shall not include the actual construction of, or an addition, extension or modification to, an individual single-family or a two-family detached dwelling or appurtenances to the same, if the City finds that such construction, addition, extension or modification will not result in adverse storm water runoff. In making his or her written finding, the City consult with the Zoning Administrator, , the code enforcement official and/or the City Engineer.
DEVELOPER. Any proposing or implementing the development of . DEVELOPER can also be interpreted to include his or her designated design representative (e.g., architects and engineers).
DEVELOPMENT SITE. Any that is being or has been developed, or that a proposes for development.
DISCHARGER. Any or entity who directly or indirectly discharges storm water from any . DISCHARGER also means any employee, officer, director, partner, contractor or other who participates in, or is legally or factually responsible for, any act or omission which is or results in a violation of this chapter.
DRAIN. Any drain as defined in the Drain Code of 1956, as amended, being M.C.L.A. §§ 280.1 et seq., other than an established or intercounty drain.
DRAINAGE. The collection, conveyance or discharge of ground water and/or surface water.
DRAINAGEWAY. The area within which surface water or ground water is carried from one part of a lot or parcel to another part of the lot or parcel or to adjacent .
EARTH CHANGE. Any human activity which removes ground cover, changes the slope or contours of the , or exposes the soil surface to the actions of wind and rain. EARTH CHANGE includes, but is not limited to, any excavating, surface , filling, landscaping or removal of vegetative roots.
EPA. The United States Environmental Protection Agency.
ENGINEERING SITE GRADING PLAN. A sealed drawing or and accompanying text prepared by a registered engineer or landscape architect which shows alterations of topography, alterations of watercourses, flow directions of storm water runoff, and proposed storm water management and measures, having as it purpose to ensure that the objectives of this chapter are met.
EROSION.
The process by which the ground surface is worn away by action of wind, water, gravity or a combination thereof.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry areas resulting from the overflow of water bodies or the unusual and rapid accumulation of surface water runoff from any source.
FLOODPLAIN (REGULATED). A river, , lake or on occasion overflow their banks and inundate adjacent areas. The that is inundated by water is defined as a FLOODPLAIN. Floodplains of rivers, streams or drains which have a area that is two square miles or greater are regulated by the under Part 31, Water Resources Protection of the Natural Resources and Environmental Protection Act (NREPA), Public Act 451 of 1994, being M.C.L.A. §§ 324.3101 et seq., as amended.
FLOOD PROTECTION ELEVATION (FPE). The base elevation plus one foot at any given location.
GRADING. Any stripping, excavating, filling and stockpiling of soil or any combination thereof and the in its excavated or filled condition.
HAZARDOUS OR TOXIC MATERIAL. OSHA defines hazardous and toxic substances as those chemicals which are capable of causing harm. In this definition, the term chemical includes dusts, mixtures, and common materials such as paints, fuels and solvents. OSHA currently regulates exposure to approximately 400 substances and the OSHA chemical sampling information file contains listings for approximately 1,500 substances. Some industrial libraries maintain files of material safety data sheets (MSDS) for more than 100,000 substances.
ILLICIT CONNECTION. Any method or means for conveying an into water bodies or the city’s storm water system.
ILLICIT DISCHARGE. Any discharge to water bodies that does not consist entirely of storm water, discharges pursuant to the terms of an NPDES permit, or as defined in this chapter.
IMPERVIOUS SURFACE. Surface that does not allow storm water runoff to slowly percolate into the ground.
INFILTRATION. The percolation of water into the ground, expressed in inches per hour.
IMPROVEMENTS. Those features and actions associated with a project that are considered necessary by the body or official granting zoning approval to protect natural resources or the health, safety and welfare of the residents of a local unit of government and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening and . IMPROVEMENTS do not include the entire project that is the subject of zoning approval.
MS4.
Municipal Separate Storm Water Sewer System.
MAINTENANCE AGREEMENT. A binding agreement that sets forth the terms, measures and conditions for the maintenance of storm water systems and facilities.
MDEQ. Michigan Department of Environmental Quality.
NPDES. National Pollution Discharge Elimination System.
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 which contain information pursuant to this chapter.
PLANNING COMMISSION. A city planning commission created under the Michigan Zoning Enabling Act, Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 et seq.
POLLUTANT. A substance discharged which includes, but is not limited to the following: any dredged spoil, solid waste, vehicle fluids, yard wastes, animal wastes, agricultural waste products, sediment, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological wastes, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, commercial and agricultural waste, or any other contaminant or other substance defined as a pollutant under the Clean Water Act, being 33 U.S.C. §§ 1251 et seq.
PROPERTY OWNER. Any having legal or equitable title to or any having or exercising care, custody, or control over any .
RETENTION. A system which is designed to capture storm water and contain it until it infiltrates the soil or evaporates.
RUNOFF. The water flow that occurs when soil is infiltrated to full capacity and excess water from rain, snowmelt, or other sources flows over the .
SEDIMENT. Mineral or organic particulate matter that has been removed from its site of origin by the processes of , is in suspension in water, or is being transported.
SENSITIVE AREAS. Inland lakes, watercourses and (> 5 ac as specified by unless a stricter local requirement is specified).
SITE PLAN. A plat, a site development , construction drawings, a building permit, and any other permits that need to be obtained before development can occur. These documents and drawings, required by the zoning , are to insure that a proposed use or activity is in compliance with local ordinances and and federal statutes.
SOIL EROSION. The stripping of soil and weathered rock from creating sediment for transportation by water, wind or ice, and enabling formation of new sedimentary deposits.
STATE OF MICHIGAN WATER QUALITY STANDARDS. All applicable rules, regulations, and laws pertaining to water quality, including the provisions of § 3106 of Part 31 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L.A. §§ 324.3101 et seq., as amended.
STORM DRAIN. A system of open or enclosed conduits and appurtenant structures intended to convey or manage storm water runoff, ground water and .
STORM WATER PERMIT. A permit issued pursuant to this chapter.
STORM WATER PLAN. Written narratives, specifications, drawings, sketches, written standards, operating procedures, or any combination of these which contain information pursuant to this chapter.
STORM WATER RUNOFF FACILITY. The method, structure, area, system or other equipment or measures which are designed to receive, control, store, or convey storm water as well as treat it for pollutants.
STREAM. A river, or creek which or may not be serving as a , or any other water body that has definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water.
SURFACE WATERS OF THE STATE. Consistent with the Part 4 Rules (Mich. Admin. Code, R 323.1041 through 323.1117) to mean all of the following, but not including ways and ponds ( and ponds or lagoons) used solely for wastewater conveyance, treatment, or control:
(1) The Great Lakes and their connecting waters;
(2) All inland lakes;
(3) Rivers;
(4) Streams;
(5) Impoundments;
(6) Open drains; and
(7) Other surface bodies of water within the confines of the
SWALE. Defined contour of with gradual slopes that transport and direct the flow of storm water.
WATERBODY. A river, lake, , creek or other or .
WATERCOURSE. One that has not been altered artificially.
WETLANDS (REGULATED). Wetlands are regulated by the under Part 303, Wetlands Protection of the Natural Resources and Environmental Protection Act (NREPA), 1994 Public Act 451 of 1994, being M.C.L.A. §§ 324.30301 et seq., as amended, which defines a WETLAND as “land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp or marsh”.
(Ord. 1411-04, passed 12-10-2014)