[11-7-2018 by Ord. No.
1753[1]]
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:
The Director of the City Transportation Services or the Director's
designees.
The 100-year flood with a magnitude which has a one-percent
chance of occurring or being exceeded in any given year.
A practice, or combination of practices and design criteria,
to minimize stormwater runoff and prevent the discharge of pollutants
into stormwater discharged from a site, and designed in accordance
with City Stormwater Standards.
Any opening of a solid wall such as a window or door, through
which floodwaters could penetrate.
The City of Holland, Michigan, acting by and through its
Transportation Services Department for the purposes of this article,
unless the context refers to the City of Holland as a whole.
The most current version of the City of Holland, Michigan,
Stormwater Standards Manual published pursuant to this article.
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 county agency or a conservation district designated by
a county board of commissioners under § 9105 of Part 91,
Soil Erosion and Sedimentation Control, of the Natural Resource and
Environmental Protection Act, Public Act 451 of 1994 (MCLA § 324.9101
et seq.).
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 City'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.
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 Michigan Drain Code of 1956,
Public Act 40 of 1956 (MCLA § 280.1 et seq.), other than
an established county or intercounty drain.
The county agency charged with the management of county and
intercounty drains established pursuant to the Michigan Drain Code
of 1956, Public Act 40 of 1956 (MCLA § 280.1 et seq.), and
responsible for site plan drainage review pursuant to the Land Division
Act, Public Act 288 of 1967, as amended by Public Act 591 of 1996
(MCLA § 560.101 et seq.), and the Mobile Home Commission
Act, Public Act 96, of 1987 (MCLA § 125.2301 et seq.).
The collection, conveyance, or discharge of groundwater and/or
surface water.
See "plan."
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 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 29-126.
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.
The area of land adjoining any watercourse or water body
that will be inundated by the base flood.
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 stockpiling 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 City's stormwater drainage system.
Any discharge to the City's stormwater drainage system or
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.
The state department charged with protection of the environment.
A publicly owned conveyance system designed or used for collecting
or conveying stormwater (may also be referred to as "stormwater drainage
system").
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 area-wide basis.
Any discharge to the stormwater drainage system that is not
composed entirely of stormwater.
Surface area that conveys a concentrated flow of stormwater
runoff.
Written narratives, specifications, drawings, sketches, maps,
written standards, supporting calculations, 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.
Redevelopment projects are those that change the existing
site footprint, or offer new opportunities for stormwater control.
Projects that do not disturb the underlying or surrounding soil, remove
surrounding vegetation, or increase the area of impervious surface
are not considered redevelopment projects. For roadway projects, reconstruction
of the subbase is considered redevelopment, whereas an overlay of
the pavement surface is not.
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 § 3106 of
Part 31, Water Resources Protection, of the Natural Resources and
Environmental Protection Act, Public Act 451 of 1994 (MCLA § 324.3106).
Any portion of the stormwater drainage system, including any natural outlet, which carries storm and surface waters and drainage or unpolluted industrial process water, such as permitted by Section 29-7(b). (May also be referred to as "storm sewer").
The method, structure, area, system, or other equipment or
measures which are designed to receive, control, store, or convey
stormwater.
All of the stormwater management facilities used on a site.
A permit issued by the City 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.
Review and approval of a site stormwater management system
conducted by either the Drain Commissioner or Water Resources Commissioner
pursuant to state law.
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.
The agency of the federal government charged with environmental
protection.
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.
[1]
Editor’s Note: This ordinance also deleted former Art.
VI, Severability, and former Art. VII, Conflict, both adopted 12-5-2001
by Ord. No. 1323.
[11-7-2018 by Ord. No.
1753]
(a)
This article (Article VI of Chapter 29 of the City Code of Ordinances) is adopted in accordance with the Home Rule City Act, as amended, Public Act 279 of 1909 (MCLA § 117.1 et seq.); the Michigan Drain Code of 1956, Public Act 40 of 1956 (MCLA § 280.1 et seq.); the Land Division Act, Public Act 288 of 1967 (MCLA § 560.101 et seq.); the Revenue Bond Act, Public Act 94 of 1933 (MCLA § 141.101 et seq.); and the Natural Resources and Environmental Protection Act, Public Act 451 of 1994 (MCLA § 324.101 et seq.); § 401(p) of the Federal Water Pollution Control Act (also known as the "Clean Water Act"), as amended [33 U.S.C. § 1342(p) and 40 CFR 9, 122, 123 and 124]; and other applicable state and federal laws.
(b)
This article shall be known and may be cited as the "City of Holland,
Michigan, Stormwater Ordinance."
[11-7-2018 by Ord. No.
1753]
The City finds that:
(a)
Water bodies, roadways, structures, and other property within, and
downstream of the City 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 City and the region.
(c)
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.
(d)
Stormwater runoff produced by land development may contribute to
increased quantities of waterborne pollutants.
(e)
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 City and downstream
municipalities.
(f)
Stormwater runoff, soil erosion, and nonpoint source pollution may
have resulted in a deterioration of the water resources of the City
and downstream municipalities.
(g)
Increased stormwater runoff rates and volumes, and the sediments
and pollutants associated with stormwater runoff, absent reasonable
regulation and control, can adversely affect the City'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)
Post-construction stormwater runoff program requirements for new
and redevelopments within the City are set forth in the State of Michigan
National Pollutant Discharge Elimination System Permit Application
for Discharge of Storm Water to Surface Waters of the State from a
Municipal Separate Storm Sewer System (DEQ, 2013 Rev. 10/2014).
(j)
Adopting the standards, criteria and procedures contained in this
article and implementing the same can address many of the deleterious
effects of stormwater runoff.
(k)
Adopting these standards is necessary for the preservation of the
public health, safety and welfare.
(l)
Adopting these standards is necessary to comply with the NPDES MS4
permit.
(m)
Illicit discharges may contain pollutants that can significantly
degrade the City's water bodies and water resources.
(n)
Illicit discharges enter the 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 stormwater drainage system or spills connected by drain inlets).
(o)
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.
[11-7-2018 by Ord. No.
1753]
It is the purpose of this article 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 identified
new land development.
(c)
To minimize 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 an increase in 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 minimize the impact of development upon stream bank and streambed
stability.
(h)
To reduce 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 article.
(k)
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.
(l)
To regulate the contribution of pollutants to the MS4 by stormwater
discharges by any user.
(m)
To prohibit illicit discharges and connection to the MS4.
(n)
To establish legal authority to carry out all inspection, surveillance,
monitoring and enforcement procedures necessary to ensure compliance
with this article.
[11-7-2018 by Ord. No.
1753; 7-21-2021 by Ord. No. 1798]
(a)
This article shall apply to all new development and all redevelopment
projects, including private, commercial and public projects that disturb
one acre or more, and projects less than one acre that are part of
a larger common plan of development or sale that would disturb one
acre or more as required by the NPDES MS4 permit.
(b)
Further:
(1)
This article shall apply to any development or redevelopment
site which:
a.
Requires approval of a plat under Chapter 33.
b.
Requires approval of a site plan under Chapter 39-11, Article II, a building permit, or any other permit for work which will alter stormwater drainage characteristics of the site.
c.
Is exempt from site plan and permit approval, but work will
alter stormwater drainage characteristics of the site, and there is
an increase in impervious surface exceeding 5,000 square feet.
(2)
Provided, however, that this article shall not apply to the
following:
a.
The construction of, or addition, extension or modification
to, an individual single-family or a two-family detached dwelling.
b.
Non-motorized improvements (sidewalk, pathway) within public
rights-of-way that disturb less than one acre.
c.
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.
d.
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.
e.
Plats with preliminary plat approval and other developments
with final land use approval prior to the effective date of this article,
where such approvals remain in effect.
(c)
Redevelopment and additions requiring a stormwater permit shall comply
with City Stormwater Standards for the redeveloped or newly constructed
portion of the site, except that the City reserves the right to require
the entire site be brought up to the current standards. The City also
reserves the right to define the last land use for a redevelopment
site as the interim vacant condition.
(d)
This article shall apply to all discharges entering the stormwater
drainage system generated on any developed and undeveloped lands unless
explicitly exempted.
