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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;
(c) To minimize the deterioration of existing watercourses, culverts and bridges, and other structures;
(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.)
(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.)
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:
(a) "Authorized enforcement agency." City employees, officers, or agencies designated to enforce this chapter.
(b) "Base flood." A flood having a one percent chance of being equaled or exceeded in any given year.
(c) "Base flood elevation." The high water elevation of the base flood, commonly referred to as the "100 year flood elevation".
(d) "Base flood plain." The area inundated by the base flood.
(e) "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, 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 Ionia County Drain Commissioner.
(f) "Building opening." Any opening of a solid wall such as a window or door, through which floodwaters could penetrate.
(g) "City." The City of Ionia. Except where the context clearly indicates otherwise, references to the City, City authorized enforcement agency, City Engineer, or City Community Development Director shall mean such offices of the City or such other public office or official designated by resolution of the City Council from time to time; provided, however that the foregoing shall not be interpreted to supersede provisions of state law reserving to particular City offices the power or duty to perform designated functions (e.g., City building official’s authorization to issue building permits, City Treasurer’s authority to enter liens on tax rolls, etc.).
(h) "Clean Water Act." The Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended, and the applicable regulations promulgated thereunder.
(i) "Construction site storm water runoff." Storm water runoff from a development site following an earth change.
(j) "Design Engineer." Registered and licensed professional engineer responsible for the design of a drainage plan.
(k) "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.
(l) "Developed" or "development." The installation or construction of impervious surfaces on a development site that require, pursuant to State law or local ordinance, the City's approval of a site plan, plat, site condominium, special land use, planned unit development, rezoning of land, land division approval, private road approval or other approvals required for the development of land or the erection of buildings or structures, provided, however, that for purposes of Sections 1043.06 through 1043.14 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.
(m) "Developer." Any person proposing or implementing the development of land.
(n) "Development site." Any land that is being or has been developed, or that a developer proposes for development.
(o) "Discharger." Any person or entity who directly or indirectly discharges storm water from any property. "Discharger" also means any employee, officer, director, partner, contractor, or other person who participates in, or is legally or factually responsible for, any act or omission which is or results in a violation of this chapter.
(p) "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 County or intercounty drain.
(q) "Drainage." The collection, conveyance, or discharge of ground water and/or surface water.
(r) "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 land.
(s) "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. Normal landscaping and changes are exempted.
(t) "EPA." The United States Environmental Protection Agency.
(u) "Erosion." The process by which the ground surface is worn away by action of wind, water, gravity or a combination thereof.
(v) "Exempted discharges." Discharges other than storm water as specified in Section 1043.24 of this chapter.
(w) "Federal Emergency Management Agency (FEMA)." The agency of the Federal government charged with emergency management.
(x) "Flood" or "flooding." A general and temporary condition of partial or complete inundation of normally dry land areas resorting from the overflow of water bodies or the unusual and rapid accumulation of surface water runoff from any source.
(y) "Flood-proofing." Any structural and/or non-structural additions, changes or adjustments to structures or property that reduce or eliminate flood damage to land, or improvements utilities and structures.
(z) "Floodplain." Any land area subject to periodic flooding.
(aa) "Flood protection elevation (FPE)." The base flood elevation plus one foot at any given location.
(bb) "Floodway." The channel of any watercourse and the adjacent land areas that must be reserved to carry and discharge a base flood without cumulatively increasing the water surface elevation more than one-tenth of a foot due to the loss of flood conveyance or storage.
(cc) "Grading." Any stripping, excavating, filling, and stockpiling of soil or any combination thereof and the land in its excavated or filled condition.
(dd) "Hazardous materials." 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.
(ee) "ICDC." Ionia County Drain Commissioner.
(ff) "Illicit connection." Any method or means for conveying an illicit discharge into water bodies or the City's storm water system.
(gg) "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 exempted discharges as defined in this chapter.
(hh) "Impervious surface." Surface that does not allow storm water runoff to slowly percolate into the ground.
(ii) "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.
(jj) "MDEQ." Michigan Department of Environment Quality.
(kk) "National Pollutant Discharge Elimination System (NPDES) storm water discharge." A permit issued by the EPA (or by a state under authority delegated pursuant to 33 USC 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
(ll) "Non-storm water discharge." Any discharge to the storm drain system that is not composed entirely of storm water.
(mm) "NPDES." National Pollution Discharge Elimination System.
(nn) "Overland flow-way." Surface area that conveys a concentrated flow of storm water runoff.
(oo) "Person." An individual, firm, partnership, association, public or private corporation, public agency, instrumentality, or any other legal entity.
(pp) "Plan." Written narratives, specifications, drawings, sketches, written standards, operating procedures, or any combination of these which contain information pursuant to this chapter.
(qq) "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.
(rr) "Premises." Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
(ss) "Property owner." Any person having legal or equitable title to property or any person having or exercising care, custody, or control over any property.
(tt) "Retention." A system which is designed to capture storm water and contain it until it infiltrates the soil or evaporates.
(uu) "Soil erosion." The stripping of soil and weathered rock from land creating sediment for transportation by water, wind or ice, and enabling formation of new sedimentary deposits.
(vv) "State of Michigan Water Quality Standards." All applicable State rules, regulations, and laws pertaining to water quality, including the provisions of Section 3106 of Part 31 of 1994 PA 451, as amended.
(ww) "Storm drain." A system of open or enclosed conduits and appurtenant structures intended to convey or manage storm water runoff, ground water and drainage.
(xx) "Storm water permit." A permit issued pursuant to this chapter.
(yy) "Storm water pollution prevention plan." A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable.
(zz) "Storm water runoff." The runoff and drainage of precipitation resulting from rainfall or snowmelt or other natural event or process.
(aaa) "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.
(bbb) "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.
(ccc) "Wastewater." Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
(ddd) "Water body." A river, lake, stream, creek or other watercourse or wetlands.
(eee) "Watershed." A region draining into a water body.
(fff) "Wetlands." Land characterized by the presence of water at a frequency and duration sufficient to support wetland vegetation or aquatic life.
(Ord. 07-2002-10. Passed 7-2-02; Ord. 07-2002-12. Passed 8-12-02; Ord. 573. Passed 3-1-23.)
STORM WATER PERMITS
(a) A developer shall not engage in any development without first receiving a storm water permit from the City pursuant to Section 1043.07 of this chapter.
(b) The granting of a storm water permit shall authorize only such development for which the permit is required, subject to the terms of the permit, and it shall not be deemed to approve other development or other land use activities.
(Ord. 07-2002-10. Passed 7-2-02.)
'The City shall grant a storm water permit, which may impose terms and conditions in accordance with Section 1043.14 of this chapter, and which shall be granted only upon compliance with each of the following requirements:
(a) The developer has submitted a drainage plan complying with Section 1043.08 of this chapter.
(b) The drainage plan contains a description of an adequate, temporary storm water retention system to prevent construction site storm water runoff, satisfying the requirements of Section 1043.10 of this chapter, and the developer has obtained a soil erosion permit, if necessary.
(c) One of the following conditions is satisfied:
(1) The developer provides:
A. A permanent on-site storm water system sufficient to provide on-site detention of storm water runoff in a 25 year storm event; and
B. A direct connection for all storm water runoff that will be discharged from and through the development site in a 100 year storm event; or
(2) The developer provides a permanent on-site storm water system with a restricted outlet designed to result in no net increase in storm water runoff volume or rate onto any adjacent property in a 100 year storm event.
(d) The developer has paid or deposited the storm water permit review fee pursuant to Section 1043.09 of this chapter.
(e) The developer has paid or posted the applicable financial guarantee pursuant to Section 1043.11 of this chapter.
(f) The developer provides all easements necessary to implement the approved drainage plan and to otherwise comply with this chapter including, but not limited to, Section 1043.39 of this chapter. All easements shall be acceptable to the City in form and substance and shall be recorded with the Ionia County Register of Deeds.
(h) All storm water runoff facilities shall be designed in accordance with the then-current BMPs.
(i) The developer provides the required maintenance agreement for routine, emergency, and long-term maintenance of all storm water runoff facilities and in compliance with the approved drainage plan and this chapter including, but not limited to, Section 1043.40 of this chapter. The maintenance agreement shall be acceptable to the City in form and substance and shall be recorded with the Ionia County Register of Deeds.
(Ord. 07-2002-10. Passed 7-2-02.)
The developer shall provide a drainage plan to the City for review and approval by the City. The drainage plan shall identify and contain all of the following:
(a) The location of the development site and water bodies that will receive storm water runoff. Storm water discharges shall outlet within the same drainage basin or district where flow originates and generally may not be diverted to another drainage basin/district
(b) The existing and proposed topography of the development site, including the alignment and boundary of the natural drainage courses, with contours having a maximum interval of one foot (using USGS datum). The information shall be superimposed on the pertinent Ionia County soil map.
(c) The development tributary area to each point of discharge from the development.
(d) Calculations for the final peak discharge rates.
(e) Calculations for any facility or structure size and configuration.
(f) A drawing showing all proposed storm water runoff facilities with existing and final grades.
(g) The sizes and locations of upstream and downstream culverts serving the major drainage routes flowing into and out of the development site. Any significant off-site and on-site drainage outlet restrictions other than culverts should be noted on the drainage map.
(h) An implementation plan for construction and inspection of all storm water runoff facilities necessary to the overall drainage plan, including a schedule of the estimated dates of completing construction of the storm water runoff facilities shown on the plan and an identification of the proposed inspection procedures to ensure that the storm water runoff' facilities are constructed in accordance with the approved drainage plan.
(i) A plan to ensure the effective control of construction site storm water runoff and sediment track-out onto roadways.
(j) Drawings, profiles, and specifications for the construction of the storm water runoff facilities reasonably necessary to ensure that storm water runoff will be drained, stored, or otherwise controlled in accordance with this chapter.
(k) A maintenance agreement, in form and substance acceptable to the City, for ensuring maintenance of any privately-owned storm water runoff facilities. The maintenance agreement shall include the developer's written commitment to provide routine, emergency, and long-term maintenance of the facilities and, in the event that the facilities are not maintained in accordance with the approved drainage plan, the agreement shall authorize the City to maintain any on-site storm water runoff facility as reasonably necessary, at the developer's expense. Such agreement shall be signed prior to issuance of construction permits and shall be recorded on the deed for the property for perpetual maintenance.
(l) The name of the engineering firm and the registered professional engineer that designed the drainage plan and that will inspect final construction of the storm water runoff facilities. Should a storm water system, as built, fail to comply to the City's design and performance standards, it is the developer's responsibility to design and construct at his or her expense, any additional and/or alternative storm water management facilities. Such additional facilities shall be subject to approval by the City of Ionia.
(m) All design information must be compatible for conversion to City of Ionia Geographic Information System (CIGIS).
(n) Any other information necessary for the City to verify that the drainage plan complies with the City's design and performance standards for drains and storm water management systems.
(Ord. 07-2002-10. Passed 7-2-02.)
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