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.
A.
Nothing in this chapter shall be interpreted to conflict with present
or future state statutes in the same subject matter. Conflicting provisions
of this chapter shall be abrogated to the extent of the conflict.
The provisions of this chapter shall be construed, if possible, to
be consistent with and in addition to relevant state regulations and
statutes.
B.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements and shall be liberally construed
in favor of the Township Board and shall not be deemed a limitation
or repeal of any other powers granted by state statutes.
C.
This chapter is not intended to repeal, abrogate or impair any existing
easements, covenants, or deed restrictions. However, where this chapter
imposes greater restrictions, the provisions of this chapter shall
prevail. If there is another ordinance that is inconsistent, the terms
of the ordinance that is most restrictive shall apply.
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:
The increased movement of soils that occurs as a result of
man's activities.
A storm drain, as defined in this chapter.
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.
The rate of flow of water at a given point and time, measured
in cubic feet per second.
An area of land subjected to the removal of vegetative cover
and/or earth-moving activities.
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).
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.
A map which shows alterations of topography, alterations
of watercourses, flow directions of stormwater runoff, and proposed
stormwater management and erosion control measures.
A temporary rise in the level of any water body, watercourse
or wetland which inundates areas not ordinarily covered by water.
The relatively flat areas or lowlands adjoining a watercourse
or a body of water which has been or may be covered by floodwater.
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.
A binding agreement which sets forth the terms and conditions
for the maintenance of erosion control measures and stormwater facilities.
A rate of flow of stormwater which does not cause erosion.
All or part of a drainage system which is located partially
or completely off of the development site which it serves.
The maximum allowable rate of stormwater flow from a storm
event, as measured at a given point and time in cubic feet per second.
Any individual, firm, partnership, association, corporation,
company, or organization of any kind, including government agencies,
conducting operations within the Township.
Facilities, structures, and areas which convey, store, or
receive runoff from storms up to a ten-year frequency.
A person, public corporation or authority, or a government
agency that holds an interest in land, whether recorded or not.
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.
Any watercourse, lake, pond or wetland into which surface
waters are directed, either naturally or artificially.
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.
The part of precipitation which flows over the land.
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.
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.
Any tract, lot or parcel of land or combination of tracts,
lots or parcels of land proposed for development.
The wearing away of land by the action of wind, water, gravity
or a combination thereof.
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.
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.
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.
Any facility, structure, channel, area, or measure which
serves to control stormwater runoff in accordance with the purposes
and standards of this chapter.
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.
The primary drainage system, the secondary drainage system,
and all erosion control measures, whether temporary or permanent.
Low-lying area with gradual slopes which transports stormwater.
See the definition of "watercourse" in § 210-2.
A land area which contributes runoff to a receiving body
of water, otherwise known as a "drainage area."
See the definition of "wetlands" in § 210-2.
A.
Generally. Every new development or earth change in the Township
shall have either a stormwater management plan or an engineered grading
plan, depending on the type of development, as listed below.
B.
Stormwater management plan.
(1)
A stormwater management plan shall be submitted and reviewed in accordance with requirements of Article II of this chapter. The following types of developments and earth changes require a stormwater management plan:
(a)
Land development proposals subject to site plan review requirements
in the Zoning Ordinance.
(d)
Any proposal to mine, excavate, or clear and grade one acre
or more of land for purposes other than agriculture, routine landscaping,
and gardening.
(e)
Development projects of federal, state and local agencies.
[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.[1]
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.
