A.
This chapter is adopted in accordance with the Township Ordinance
Act, as amended, being MCL 41.181 et seq.; the Township and Village
Public Improvement Act, as amended, being MCL 41.721 et seq.; the
Drain Code of 1956, as amended, being MCL 280.1 et seq.; the Land
Division Act, as amended, being MCL 560.1 et seq.; the Revenue Bond
Act, as amended, being MCL 141.101 et seq.; the Natural Resources
and Environmental Protection Act, as amended, being 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 Parts 9, 122, 123 and 124; and other applicable state and
federal laws.
B.
This chapter shall be known and may be cited as the "Township of
Cannon Stormwater Ordinance."
The Township finds that:
A.
Water bodies, roadways, structures, and other property within, and
downstream of the Township are at times subjected to flooding;
B.
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;
C.
Land development alters the hydrologic response of watersheds, resulting
in increased stormwater runoff rates and volumes, increased flooding,
increased stream channel erosion, and increased sediment transport
and deposition;
D.
Stormwater runoff produced by land development contributes to increased
quantities of waterborne pollutants;
E.
Increases of stormwater runoff, soil erosion, and nonpoint source
pollution have occurred as a result of land development, and cause
deterioration of the water resources of the Township and downstream
municipalities;
F.
Stormwater runoff, soil erosion, and nonpoint source pollution, due
to land development within the Township, have resulted in a deterioration
of the water resources of the Township and downstream municipalities;
G.
Increased stormwater runoff rates and volumes, and the sediments
and pollutants associated with stormwater runoff from future development
projects within the Township will, absent reasonable regulation and
control, adversely affect the Township's water bodies and water resources,
and those of downstream municipalities;
H.
Stormwater runoff, soil erosion, and nonpoint source pollution can
be controlled and minimized by the regulation of stormwater runoff
from development;
I.
Adopting the standards, criteria and procedures contained in this
chapter and implementing the same will address many of the deleterious
effects of stormwater runoff;
J.
Adopting the standards and requirements stated in this chapter, and
assuring their implementation, is necessary for the protection of
water bodies and other affected natural resources.
K.
Adopting these standards is necessary for the preservation of the
public health, safety and welfare.
It is the purpose of this chapter to establish minimum stormwater
management requirements and controls to accomplish, among others,
the following objectives:
A.
To reduce artificially induced flood damage;
B.
To minimize increased stormwater runoff rates and volumes from land
development;
C.
To prevent 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 nonpoint source pollution;
F.
To maintain the integrity of stream channels for their biological
functions, as well as for drainage and other purposes;
G.
To eliminate the impact of development upon stream bank and streambed
stability;
H.
To prevent 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 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 chapter;
K.
To regulate the rate and control the impact of stormwater runoff
from development sites, so as to prevent adverse effects on water
bodies by reason of land development;
L.
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 stormwater management controls;
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 stormwater drainage characteristics
of the development site; provided, however, that this chapter shall
not apply to the following:
A.
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.
B.
Farm operations and buildings, except dwellings, directly related
to farm operations. This exemption shall not apply to greenhouses
and other similar structures.
C.
Plats with preliminary plat approval and other developments with
final land use approval prior to the effective date of this chapter,
where such approvals remain in effect.
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 flood having a one-percent chance of being equaled or exceeded
in any given year.
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 Michigan Department of Environmental Quality's
Guidebook of BMPs for Michigan Watersheds, or, if required by the
Township, equivalent or other practices and equivalent or other design
criteria that accomplish the purposes of this chapter (including,
but not limited to minimizing or preventing stormwater runoff and
preventing the discharge of pollutants into stormwater) as determined
by the Township Engineer, and, where appropriate, the standards of
the Kent 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.
Registered and licensed professional engineer responsible
for the design of a drainage plan.
A system which 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 Article II only, "developed" or "development" shall not include the actual construction of, or an addition, extension or modification to, an individual single-family detached dwelling if it is located more than 500 feet from a water body or a two-family detached dwelling if it is located more than 500 feet from a water body.
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 or that is the subject of an earth change.
Any person or entity who directly or indirectly discharges
stormwater 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.
Any drain as defined in the Drain Code of 1956, as amended,
being 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 ground water is carried
from one part of a lot or parcel to another part of the lot or parcel
or to adjacent land.
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.
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 § 388-23 of this chapter.
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 structural and/or nonstructural additions, changes, or
adjustments to structures or property that reduce or eliminate flood
damage to land, or improvements utilities and structures.
Any land area subject to periodic flooding.
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, excavating, filling, and stockpiling of soil
or any combination thereof and the land in its excavated or filled
condition.
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 chapter.
Surface that does not allow stormwater runoff to slowly percolate
into the ground.
Kent County Drain Commissioner.
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.
National Pollution Discharge Elimination System.
Surface area that conveys a concentrated flow of stormwater
runoff.
An individual, firm, partnership, association, public or
private corporation, public agency, instrumentality, or any other
legal entity.
Written narratives, specifications, drawings, sketches, written
standards, operating procedures, or any combination of these which
contain information pursuant to this chapter.
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 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 1994 PA 451, as amended.[1]
A system of open or enclosed conduits and appurtenant structures
intended to convey or manage stormwater runoff, groundwater and drainage.
A permit issued pursuant to this chapter.
The runoff and drainage of precipitation resulting from rainfall
or snowmelt or other natural event or process.
The method, structure, area, system, or other equipment or
measures which are designed to receive, control, store, or convey
stormwater.
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.
The Township of Cannon.
A river, lake, stream, creek or other watercourse or wetlands.
A region draining into a water body.
Land characterized by the presence of water at a frequency
and duration sufficient to support wetland vegetation or aquatic life.
[1]
Editor's Note: See MCL 324.3106.
