[11-7-2018 by Ord. No.
1753]
(a) The City is not responsible for providing drainage facilities on
private property for the management of stormwater on such property.
It shall be the responsibility of the property owner to provide for,
and maintain, private stormwater management facilities serving the
property and to prevent and correct any conditions interfering with,
or impeding, the management of stormwater, including the accumulation
of debris that interferes with the drainage function of a water body.
(b) Existing sites found to be in violation of this article shall be subject to enforcement as outlined in §§
29-147 through
29-155.
[11-7-2018 by Ord. No.
1753]
All stormwater management facilities shall be constructed and
maintained in accordance with all applicable federal, state and local
ordinances, and rules and regulations.
[11-7-2018 by Ord. No.
1753]
Protection of the public health, safety and welfare shall be
a primary consideration in the design of all stormwater management
facilities.
[11-7-2018 by Ord. No.
1753]
(a) Environmentally sensitive areas shall be identified on the site plan
with measures shown for protection of these areas as defined and in
accordance with City Stormwater Standards.
(b) The City may include provisions for the acceptable replacement of
floodplain storage volume, where such storage volume is lost or diminished
as a result of approved development.
[11-7-2018 by Ord. No.
1753; 7-21-2021 by Ord. No. 1798]
(a) All new buildings and substantial improvements to existing buildings shall be protected from flood damage up to the flood protection elevation and shall be in accordance with all applicable federal, state and City ordinances (See, Chapter
6, Buildings, Article
V).
(b) Additionally, the lowest floor shall not be constructed below the
following elevations:
(1)
One foot above the design high-water level of stormwater management
facilities.
(2)
Two feet above the highest known groundwater elevation.
(3)
The lowest floor elevation established at the time of plat or
development approval and on file in the City and/or County Drain or
Water Resources Commissioner.
(c) A waiver from elevations stated in Subsection
(a) of this section may be granted by the City following receipt of a certification from a registered professional engineer demonstrating that the proposed elevation does not pose a risk of flooding. Floodproofing measures must be in accordance with FEMA Technical Bulletins and Michigan Building Codes.
(d) Land survey and elevation certificate. If the City and/or County Drain or Water Resources Commissioner has specified a minimum building opening at the time of plat or development approval, or if construction occurs within the 100-year floodplain pursuant to Sections 39-370 through 39-378, upon completion of construction of the structure's foundation and/or slab on grade, a registered land surveyor shall certify any minimum building opening elevation specified by this article. This certificate shall attest that the building opening elevation complies with the standards of this article. The permittee for the building permit shall submit the certificate to the City building inspections official prior to the commencement of framing and/or structural steel placement. If the surveyor should find that the minimum building opening elevation is below the elevation specified in Subsection
(a) of this section, that opening must be raised using a method that meets with the approval of the City. After reconstruction, a registered land surveyor or engineer shall recertify that the minimum building opening elevation complies with the standards of this article prior to the commencement of framing and/or structural steel placement.
(e) Waiver of land survey. The City Building Inspection Official may grant a waiver of the required land survey under Subsection
(c) of this section if the minimum building opening appears to be at or above the elevation of adjacent buildings that have already been certified, or if a grade map shows that the low opening elevation of the building is at least three feet higher than the minimum building opening established pursuant to Subsection
(a) of this section.
[11-7-2018 by Ord. No.
1753]
(a) All persons who cause, in whole or in part, any earth change to occur
shall provide soil erosion and sedimentation control so as to adequately
prevent soils from being eroded and discharged or deposited onto adjacent
properties or into a stormwater drainage system, a public street or
right-of-way, wetland, creek, stream, water body, or floodplain.
(b) Prior to making any earth change on a development site regulated
by this article, the property owner or developer shall first obtain
a soil erosion and sedimentation control permit from the County Enforcing
Agency issued in accordance with Part 91 of Public Act 451 of 1994
(MCLA § 324.9101 et seq.), if one is required.
(c) A soil erosion and sedimentation control permit is required for any
earth change that is greater than one acre or less than 500 feet from
any lake or stream. Permits are obtained from the County Enforcing
Agency.
(d) The property owner and other persons causing or participating in
the earth change shall comply with the terms of the soil erosion and
sedimentation control permit.
(e) During earth change activities on the development site, the City
Engineer may inspect the site to ensure compliance with the approved
construction site runoff controls.
(f) During any earth change which exposes soil to an increased risk of
erosion or sediment tracking, the property owner and other persons
causing or participating in the earth change shall do the following:
(1)
Comply with the stormwater management standards of this article.
(2)
Prevent damage to any public utilities or services within the
limits of grading and within any routes of travel or areas of work
of construction equipment.
(3)
Prevent damage to or impairment of any water body on or near
the location of the earth change or affected thereby.
(4)
Prevent damage to adjacent or nearby land.
(5)
Maintain all required soil erosion and sedimentation control
measures, including, but not limited to, measures required for compliance
with the terms of this article.
(6)
Promptly remove all soil, sediment, debris, or other materials
applied, dumped, tracked, or otherwise deposited on any lands, public
streets, sidewalks, or other public ways or facilities, including
catch basins, storm sewers, ditches, drainage swales, or water bodies.
Removal of all such soil, sediment, debris or other materials within
24 hours shall be considered prima facie compliance with this requirement,
unless such materials present an immediate hazard to public health
and safety.
(7)
Refrain from grading lands at locations near or adjoining lands,
public streets, sidewalks, alleys, or other public or private property
without providing adequate support or other measures so as to protect
such other lands, streets, sidewalks or other property from settling,
cracking or sustaining other damage.