[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]
(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.