[Ord. No. SW-1, 10-14-2004]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Employees of the Township designated by the Supervisor to
enforce this article.
A flood having a one-percent chance of being equaled or exceeded
in any given year (using Bulletin 71).
The high water elevation of the base flood, commonly referred
to as the "one-hundred-year flood elevation."
The area inundated by the base flood.
A practice, or combination of practices and design criteria,
that comply with the State Department of Environmental Quality's
Guidebook of BMPs for Michigan Watersheds, or equivalent practices
and design criteria that accomplish the purposes of this article,
including, but not limited to, minimizing stormwater runoff and preventing
the discharge of pollutants into stormwater as determined by the Township
Engineer, and, where appropriate, the standards of the Ottawa County
Drain Commissioner.
Any opening of a solid wall such as a window or door, through
which floodwaters could penetrate.
The Federal Water Pollution Control Act, 33 U.S.C. § 1251
et seq., as amended, and the applicable regulations promulgated thereunder.
Stormwater runoff from a development site following an earth
change.
A registered and licensed professional engineer in the state
responsible for the design of a drainage plan.
A system that is designed to capture stormwater and release
it over a given period of time through an outlet structure at a controlled
rate.
The installation or construction of impervious surfaces on
a development site that require, pursuant to state law or local ordinance,
the Township'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 Division 2 of this article
only, the term "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.
Any person proposing or implementing the development of land.
Any land that is being or has been developed, or that a developer
proposes for development.
Any person or entity who directly or indirectly discharges
stormwater from any property. The term "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 article.
Any drain as defined in the Drain Code of 1956, Public Act
No. 40 of 1956 (MCL 280.1 et seq.), other than an established county
or intercounty drain.
The collection, conveyance, or discharge of groundwater and/or
surface water.
The area within which surface water or groundwater is carried
from one part of a lot or parcel to another part of the lot or parcel
or to adjacent land.
A human made change in the natural cover or topography of
land, including cut and fill activities.
The United States Environmental Protection Agency.
The process by which the ground surface is worn away by action
of wind, water, gravity or a combination thereof.
Discharges other than stormwater as specified in Section 14-146.
The agency of the federal government charged with emergency
management.
A general and temporary condition of partial or complete
inundation of normally dry land areas resulting from the overflow
of water bodies or the unusual and rapid accumulation of surface water
runoff from any source.
The base flood elevation plus one foot at any given location.
Any land area subject to periodic flooding.
Any structural and/or nonstructural additions, changes, or
adjustments to structures or property that reduce or eliminate flood
damage to land or improvements, including utilities and other structures.
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 1/10
of a foot due to the loss of flood conveyance or storage.
Any stripping, clearing, stumping, excavating, filling, leveling
or stock-piling of soil or any combination thereof and the land in
its excavated or filled condition.
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.
Any method or means for conveying an illicit discharge into
water bodies or the Township's stormwater system.
Any discharge to water bodies that does not consist entirely
of stormwater, discharges pursuant to the terms of an NPDES permit,
or exempted discharges as defined in this article.
A surface, such as a paved or gravel driveway, roof, parking
area or road, that prevents the infiltration of water into the soil.
An agricultural activity, in which 100 or more livestock
are fed, bred and/or raised within a confined area, other than an
open pasture either inside or outside an enclosed building.
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.
Michigan Department of Environmental Quality.
A publicly owned conveyance system designed or used for collecting
or conveying stormwater.
A permit issued by EPA, or by a state under authority delegated
pursuant to 33 U.S.C. § 1342(b), that authorizes the discharge
of pollutants to waters of the United States. The permit may be applicable
on an individual, group, or general areawide basis.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
National Pollution Discharge Elimination System.
Ottawa County Drain Commissioner.
Surface area that conveys a concentrated flow of stormwater
runoff.
Written narratives, specifications, drawings, sketches, written
standards, operating procedures, or any combination of these, which
contain information pursuant to this article.
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.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Any person having legal or equitable title to property or
any person having or exercising care, custody, or control over any
property.
A system which is designed to capture stormwater and contain
it until it infiltrates the soil or evaporates.
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.
All applicable state rules, regulations, and laws pertaining
to water quality, including the provisions of Section 3106 of Part
31 of Public Act No. 451 of 1994 (MCL 324.3106).
A system of open or enclosed conduits and appurtenant structures
intended to convey or manage stormwater runoff, groundwater and drainage.
The method, structure, area, system, or other equipment or
measures which are designed to receive, control, store, or convey
stormwater.
A permit issued by either the Ottawa County Drain Commissioner
pursuant to state law or the Township pursuant to this article.
A document which describes the best management practices
and activities to be implemented by a person to identify sources of
pollution or contamination at a site and the actions to eliminate
or reduce pollutant discharges to stormwater, stormwater conveyance
systems, and/or receiving waters to the maximum extent practicable.
The runoff and drainage of precipitation resulting from rainfall
or snowmelt or other natural event or process.
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.
United States Geological Survey.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A river, lake, stream, creek or other watercourse or wetlands.
A region draining into a water body.
Land characterized by the presence of hydric soils and water
at a frequency and duration sufficient to support wetland vegetation
or aquatic life.
[Ord. No. SW-1, 10-14-2004]
The ordinance from which this article is derived is adopted in accordance with Chapter 16 of the Revised Statutes of 1846 (the Powers and Duties of Townships, etc.), (MCL 41.1 et seq.); the Township and Village Public Improvement Act, Public Act No. 188 of 1954 (MCL 41.721 et seq.); the Drain Code of 1956, Public Act No. 40 of 1956 (MCL 280.1 et seq.); the Land Division Act, Public Act No. 288 of 1967 (MCL 560.101 et seq.); the Revenue Bond Act, Public Act No. 94 of 1933 (MCL 141.101 et seq.); and the Natural Resources and Environmental Protection Act, Public Act No. 451 of 1994 (MCL 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 U.S.C. § 1342(p) and 40 CFR 9, 122, 123 and 124; and other applicable state and federal laws.
[Ord. No. SW-1, 10-14-2004]
The Township finds that:
(1)
Water bodies, roadways, structures, and other property within, and
downstream of the Township are at times subjected to flooding;
(2)
Flooding is a danger to the lives and property of the public and
is also a danger to the natural resources of the Township and the
region;
(3)
Land development alters the hydrologic response of watersheds, which
may result in increased stormwater runoff rates and volumes, increased
flooding, increased stream channel erosion, and increased sediment
transport and deposition;
(4)
Stormwater runoff produced by land development may contribute to
increased quantities of waterborne pollutants;
(5)
Increases of stormwater runoff, soil erosion, and nonpoint source
pollution may have occurred as a result of land development, and may
cause deterioration of the water resources of the Township and downstream
municipalities;
(6)
Stormwater runoff, soil erosion, and nonpoint source pollution, may
have resulted in a deterioration of the water resources of the Township
and downstream municipalities;
(7)
Increased stormwater runoff rates and volumes, and the sediments
and pollutants associated with stormwater runoff, absent reasonable
regulation and control, could adversely affect the Township's
water bodies and water resources, and those of downstream municipalities;
(8)
Stormwater runoff, soil erosion, and non-point-source pollution could
be controlled and minimized by the regulation of stormwater runoff;
(9)
Adopting the standards, criteria and procedures contained in this
article and implementing the same can address many of the deleterious
effects of stormwater runoff;
(10)
Adopting these standards is necessary for the preservation of the
public health, safety and welfare;
(11)
Illicit discharges may contain pollutants that could significantly
degrade the Township's water bodies and water resources;
(12)
Illicit discharges enter the municipal separate storm sewer system
(MS4) through either direct connections (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 by drain inlets);
(13)
Establishing the measures for controlling illicit discharges and
connections contained in this article and implementing the same will
address many of the deleterious effects of illicit discharges.
[Ord. No. SW-1, 10-14-2004]
It is the purpose of this article to establish minimum stormwater
management requirements and controls to accomplish, among others,
the following objectives:
(1)
To reduce artificially induced flood damage;
(2)
To minimize increased stormwater runoff rates and volumes from identified
new land development;
(3)
To minimize the deterioration of existing watercourses, culverts
and bridges, and other structures;
(4)
To encourage water recharge into the ground where geologically favorable
conditions exist;
(5)
To prevent an increase in non-point-source pollution;
(6)
To maintain the integrity of stream channels for their biological
functions, as well as for drainage and other purposes;
(7)
To minimize the impact of development upon stream bank and streambed
stability;
(8)
To reduce erosion;
(9)
To preserve and protect water supply facilities and water resources
by means of controlling increased flood discharges, stream erosion,
and runoff pollution;
(10)
To reduce stormwater runoff rates and volumes, soil erosion, and
nonpoint source pollution, wherever practicable, from lands that were
developed without stormwater management controls meeting the purposes
and standards of this article;
(11)
To reduce the adverse impact of changing the land use along water
bodies and, to that end, this article establishes minimum standards
to protect water bodies from degradation resulting from changing land
use where there are insufficient stormwater management controls;
(12)
To regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by stormwater discharges by any user;
(13)
To prohibit illicit discharges and connection to the municipal separate
storm sewer system;
(14)
To establish legal authority to carry out all inspection, surveillance,
monitoring and enforcement procedures necessary to ensure compliance
with this article.
[Ord. No. SW-1, 10-14-2004]
(a)
This article 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 stormwater drainage characteristics
of the development site; provided, however, that this article 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 livestock production
facilities as defined in this article, 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 the ordinance
from which this article is derived, where such approvals remain in
effect.
(b)
This article shall apply to all discharges entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted.
