1043.01 STATUTORY AUTHORIZATION AND TITLE.

This chapter is adopted in accordance with the Home Rule City Act, as amended, being M.C.L.A. 117.1 et seq.; the Drain Code of 1956, as amended, being M.C.L.A. 280.1 et seq.; the Land Division Act, as amended, being M.C.L.A. 560.1 et seq.; the Revenue Bond Act, as amended, being M.C.L.A. 141.101, et seq.; and the Natural Resources and Environmental Protection Act, as amended, being M.C.L.A. 324.101 et seq.; Section 401(p) of the Federal Water Pollution Control Act (also known as the Clean Water Act), as amended, being 33 USC 1342(p) and 40 CFR Parts 9, 122, 123 and 124; and other applicable State and Federal laws.

(Ord. 07-2002-10. Passed 7-2-02.)

1043.02 FINDINGS.

The City finds that:

(a) Water bodies, roadways, structures and other property within, and downstream of the City are at times subjected to flooding;

(b) 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;

(c) Land development 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;

(d) Storm water runoff produced by land development contributes to increased quantities of water-borne pollutants;

(e) Increases of storm water runoff, soil erosion, and non-point source pollution have occurred as a result of land development, and cause deterioration of the water resources of the City and downstream municipalities;

(f) 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's water bodies and water resources, and those of downstream municipalities;

(g) Storm water runoff, soil erosion, and non-point source pollution can be controlled and minimized by the regulation of storm water runoff from development;

(h) Illicit discharges contain pollutants that will significantly degrade the City's water bodies and water resources;

(i) Illicit discharges enter the Municipal separate storm sewer system (MS4) through either direct connection (e.g. wastewater piping either mistakenly or deliberately connected to the storm drains) or indirect connections (e.g., infiltration into the storm drain system or spills connected);

(j) Establishing the measures for controlling illicit discharges and connections contained in this chapter and implementing the same will address many of the deleterious effect of illicit discharges;

(k) Adopting the standards, criteria and procedures contained in this chapter and implementing the same will address many of the deleterious effects of storm water runoff;

(l) Adopting these standards is necessary for the preservation of the public health, safety and welfare.

(Ord. 07-2002-10. Passed 7-2-02; Ord. 07-2002-12. Passed 8-12-02.)

1043.03 PURPOSE.

It is the purpose of this chapter to establish minimum storm water management requirements and controls to accomplish, among others, the following objectives:

(a) To reduce artificially induced flood damage;

(b) To minimize increased storm water runoff rates and volumes from identified new land development;

(d) To encourage water recharge into the ground where geologically favorable conditions exist;

(e) To prevent an increase in non-point source pollution;

(f) To maintain the integrity of stream channels for their biological functions, as well as for drainage and other purposes;

(g) To minimize the impact of development upon stream bank and streambed stability;

(h) To reduce erosion from development or construction projects;

(i) To preserve and protect water supply facilities and water resources by means of controlling increased flood discharges, stream erosion, and runoff pollution;

(j) To reduce storm water runoff rates and volumes, soil erosion and on-point source pollution, wherever practicable, from lands that were developed without storm water management controls meeting the purposes and standards of this chapter;

(k) 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;

(l) To regulate the contribution of pollutants to the Municipal separate storm sewer system (MS4) by storm water discharges by any user;

(m) To prohibit illicit discharges and connection to the Municipal separate storm sewer system;

(n) To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this chapter.

(Ord. 07-2002-10. Passed 7-2-02; Ord. 07-2002-12. Passed 8-12-02.)

1043.04 APPLICABILITY, EXEMPTIONS AND GENERAL PROVISIONS.

(a) This chapter shall apply to any development site which requires approval of a plat, a site development plan, building permit, or any other permit for work which will alter storm water drainage characteristics of the development site, provided, however, that this chapter shall not apply to the following:

(1) 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.

(2) Farm operations and buildings, except dwellings, directly related to farm operations. This exemption shall not apply to greenhouses and other similar structures.

(3) Plats with preliminary plat approval and other developments with final land use approval prior to the effective date of chapter, where such approvals remain in effect.

(b) This chapter shall apply to all discharges entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted.

(Ord. 07-2002-10. Passed 7-2-02; Ord. 07-2002-12. Passed 8-12-02.)

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