The purposes of this chapter shall be:
A. To protect public health, safety and welfare by requiring stormwater
management whenever new, expanded or modified developments are proposed.
B. To promote for the most efficient and beneficial uses of land and
water resources.
C. To ensure that stormwater runoff from development is controlled so
that lake and stream water quality is protected, siltation minimized,
and flooding problems avoided.
D. To provide for cost-effective and functionally effective stormwater
management, and to reduce the need for future remedial projects.
E. To prevent soil erosion and sedimentation by requiring temporary
and permanent erosion control measures.
F. To use the natural drainage system for conveying and receiving stormwater
runoff, and to minimize the need to construct storm drain pipes.
G. To encourage multiple-purpose stormwater management which enhances
the environmental character of the Township.
H. To allow wetlands to be used for stormwater detention in selected
locations, while ensuring that the natural functions and quality of
wetlands throughout the Township are protected to the maximum feasible
extent.
I. To recognize private responsibility to incorporate stormwater management
systems into the early stages of site planning and design.
J. To allow for off-site stormwater management under specified conditions.
K. To ensure that all stormwater conveyance and detention facilities
will be properly maintained.
L. To provide penalties for violation of the provisions of this chapter.
The following rules of construction apply to the text of this
chapter:
A. Particulars provided by way of illustration or enumeration shall
not control general language.
B. Ambiguities, if any, shall be construed liberally in favor of protecting
natural land and water resources.
C. Words used in the present tense shall include the future, and words
used in the singular number shall include the plural, and the plural
the singular, unless the context clearly indicates the contrary.
D. Terms not specifically defined in this chapter shall have the meaning
customarily assigned to them.
E. In case of conflict between Township maps and the definitions in
this chapter, the definition shall control.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
DETENTION BASIN
A structure or facility, natural or artificial, which stores
stormwater on a temporary basis and releases it at a controlled rate.
A detention basin may drain completely after a storm event, or it
may be a pond with a fixed minimum water elevation between runoff
events.
DISCHARGE
The rate of flow of water at a given point and time, measured
in cubic feet per second.
DISTURBED AREA
An area of land subjected to the removal of vegetative cover
and/or earth-moving activities.
DRAINAGE SYSTEM
All facilities, measures, areas, and structures which serve
to convey, catch, filter, store, and/or receive stormwater, either
on a temporary or permanent basis (also see definitions for primary
drainage system and secondary drainage system).
EARTH CHANGE
A human-made change in the natural cover or topography of
land, including cut and fill activities, which may result in or contribute
to soil erosion or sedimentation of watercourses or wetlands. Earth
change does not include the practice of plowing and tilling soil for
the purpose of crop production.
ENGINEERED GRADING PLAN
A map which shows alterations of topography, alterations
of watercourses, flow directions of stormwater runoff, and proposed
stormwater management and erosion control measures.
FLOOD
A temporary rise in the level of any water body, watercourse
or wetland which inundates areas not ordinarily covered by water.
FLOODPLAIN
The relatively flat areas or lowlands adjoining a watercourse
or a body of water which has been or may be covered by floodwater.
INFILTRATION FACILITY
A structure or designated area which allows runoff to gradually
seep into the ground, e.g., french drains, seepage pits, infiltration
basin, dry well, or perforated pipe.
MAINTENANCE AGREEMENT
A binding agreement which sets forth the terms and conditions
for the maintenance of erosion control measures and stormwater facilities.
OFF-SITE FACILITY
All or part of a drainage system which is located partially
or completely off of the development site which it serves.
PEAK RATE OF DISCHARGE
The maximum allowable rate of stormwater flow from a storm
event, as measured at a given point and time in cubic feet per second.
PERSON
Any individual, firm, partnership, association, corporation,
company, or organization of any kind, including government agencies,
conducting operations within the Township.
PRIMARY DRAINAGE SYSTEM
Facilities, structures, and areas which convey, store, or
receive runoff from storms up to a ten-year frequency.
PROPRIETOR
A person, public corporation or authority, or a government
agency that holds an interest in land, whether recorded or not.
PUBLIC STORM SEWER
A drainage system serving a platted subdivision or other
development which has been designed and constructed to be operated
and maintained by the County Water Resources Commissioner or the County
Road Commission.
RECEIVING BODY OF WATER
Any watercourse, lake, pond or wetland into which surface
waters are directed, either naturally or artificially.
RETENTION BASIN
A holding area for stormwater, either natural or human-made,
which does not have an outlet to adjoining watercourses or wetlands.
Water is removed from retention basins through infiltration and/or
evaporation processes, and retention basins may or may not have a
permanent pool of water.
RUNOFF
The part of precipitation which flows over the land.
SECONDARY DRAINAGE SYSTEM
Facilities, structures and areas which convey, store or receive
runoff from storms of more than a ten-year frequency and up to a one-hundred-year
frequency.
SEDIMENT
Mineral or organic solid particulate matter that has been
removed from its site of origin by the processes of soil erosion,
is in suspension in water, or is being transported.
SITE
Any tract, lot or parcel of land or combination of tracts,
lots or parcels of land proposed for development.
SOIL EROSION
The wearing away of land by the action of wind, water, gravity
or a combination thereof.
SOIL EROSION CONTROL MEASURES
A structure, facility, barrier, berm, vegetative cover, basin,
and/or other installations designed to control accelerated soil erosion.
Temporary measures are installed to control soil erosion during construction
or until soils in the contributing drainage area are stabilized. Permanent
measures remain after the project is completed.
STORAGE FACILITY
A basin, structure, or area, either natural or human-made,
which is capable of holding stormwater for the purpose of reducing
the rate of discharge from the site.
STORM DRAIN
A conduit, pipe, swale, natural channel or human-made structure
which serves to transport stormwater runoff. Storm drains may be either
enclosed conduits or unenclosed drains.
STORMWATER MANAGEMENT PLAN
Maps and written information which describe the way in which
soil erosion and stormwater flows are proposed to be controlled, both
during and after construction.
STORMWATER MANAGEMENT SYSTEM
The primary drainage system, the secondary drainage system,
and all erosion control measures, whether temporary or permanent.
SWALE
Low-lying area with gradual slopes which transports stormwater.
WATERSHED
A land area which contributes runoff to a receiving body
of water, otherwise known as a "drainage area."
[Amended 6-8-1999 by Ord. No. 81]
A. Any person found responsible for violation of any of the provisions of this chapter shall be subject to a civil fine as set forth in Chapter
1, Article
I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering the person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this chapter.
B. The Township Board, in addition to other remedies, may institute
any appropriate action or proceeding to abate or restrain the violation.
C. Each day's continuance of a violation shall be deemed as separate
and distinct offense. Expenses in connection with such action shall
be assessed as damages against the violation.
D. The approval or disapproval of any stormwater management plan shall
not have any effect on any remedy of any person at law or in equity.