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The City is authorized to establish minimum design standards for storm water discharge release rates and to require dischargers to implement on-site retention, detention or other methods necessary to control the rate and volume of surface water runoff discharged into the storm water drainage system, in the following circumstances:
(a) A parcel of land is being developed an a manner that increases the impervious surface area of the parcel; or
(b) The discharge exceeds the City-calculated pre-development discharge characteristics for the subject property, and the City determines that the discharge is a violation of the drainage, flooding or soil erosion regulations of this chapter.
(Ord. 07-2002-10. Passed 7-2-02.)
(a) 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 regulations. Floodway alteration shall be permitted only upon review and approval by the City, in accordance with an approved drainage plan.
(b) A drainage plan. providing for the filling or alteration of a floodway may include provisions for maintaining stability of the banks of streams or other water bodies, by means of the establishing of buffer zones and other means of providing protection of the slopes and banks of water bodies.
(c) 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 floodplain storage volume, where such storage volume is lost or diminished as a result of approved development.
(Ord. 07-2002-10. Passed 7-2-02.)
(a) 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.
(b) 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:
(1) Comply with the storm water management standards of this chapter.
(2) Obtain and comply with the terms of a soil erosion and sedimentation control permit if required by law.
(3) 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.
(4) Prevent damage to or impairment of any water body on or near the location of the earth change or affected thereby.
(5) Prevent damage to adjacent or nearby land.
(6) Apply for all required approvals or permits prior to the commencement of work.
(7) Proceed with the proposed work only in accordance with the approved plans and in compliance with this chapter.
(8) Maintain all required soil erosion and sedimentation control measures, including but not limited to, measures required for compliance with the terms of this chapter.
(9) 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, including catch basins, storm sewers, ditches, drainage swales, or water bodies. 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 anal safety.
(10) 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 so as to protect such other lands, streets, sidewalks, or other property from settling, cracking or sustaining other damage.
(11) Request and obtain inspection of soil erosion and sedimentation control facilities, by the City at such frequency as required by the City.
(Ord. 07-2002-10. Passed 7-2-02.)
(a) No building opening shall be constructed below the following elevations:
(1) One foot above the 100-year floodplain.
(2) The building opening established at the time of plat or development approval and on file in the City Engineering Department.
(3) Three feet above the top of any downstream culvert.
(4) Four feet above the bottom of any permanent and defined drain.
(b) A waiver from elevations stated in Section 1043.19(a) may be granted by the City Engineer following receipt of a certification from a registered professional engineer demonstrating that the proposed elevation does not pose a risk of flooding.
(c) Upon completion of construction of the structure's foundation and/or slab on grade, a registered land surveyor shall certify any minimum building opening elevation specified by this chapter. This certificate shall attest that the building opening 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 elevation is below the elevation specified in division(a)(2) or (3) of this section, 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 elevation complies with the standards of this chapter prior to the commencement of framing and or structural steel placement.
(Ord. 07-2002-10. Passed 7-2-02.)
(a) Whenever building footing drains are required or utilized, a direct connection between the footing drains through a sump pump-check valve system to a storm sewer is required. A gravity system is not permitted.
(b) A storm water lateral shall be provided for each parcel at the time of storm sewer construction.
(Ord. 07-2002-10. Passed 7-2-02.)
PROHIBITIONS AND EXEMPTIONS
(a) 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 best management practices.
(b) The City is authorized to require dischargers to implement pollution prevention misuses, utilizing BMPs, necessary to prevent or reduce the discharge of pollutants into the City's storm water drainage system.
(c) Illicit Discharges. No person shall discharge or cause to be discharged into the Municipal storm drain system or watercourses any materials, including, but not limited to, pollutants or waters 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 illegal discharge to the storm drain system is prohibited except as described as follows:
(1) Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.
(2) The prohibition shall not apply to any non-storm water discharge permitted under an 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 discharger 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 storm drain system.
(d) Illicit Connections.
(1) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
(2) 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.
(3) A person is considered to be in violation of this section if the person connects a line conveying wastewater to the MS4, or allows such a connection to continue.
(Ord. 07-2002-10. Passed 7-2-02; Ord. 07-2002-12. Passed 8-12-02.)
The following non-storm water discharges shall be permissible, 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 wastewater;
(m) Discharges or flows from emergency fire fighting activities; or
(n) Discharges for which a specific Federal or State permit has been issued.
(Ord. 07-2002-10. Passed 7-2-02.)
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