The following terms, phrases, words, and derivatives, when used
in this chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Any person proposing or implementing the development of land.
The Zoning Administrator or Village Manager or his or her
designee. The Zoning Board of Appeals will resolve all applicant appeals.
A flood having a one-percent change of being equaled or exceeded
in any given year.
The high-water elevation of the base flood, commonly referred
to as the "100-year flood elevation."
The area inundated by the base flood.
See Chapter 313, Stormwater: Illicit Discharge and Connection.
A vegetative strip consisting of native Michigan plants,
which serve as a separation for infiltration and vegetative transpiration
to impede the flow of stormwater.
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 pursuant
to the Act.
Stormwater runoff from a development site following an earth
change.
A storm drain, pipe, swale, or channel.
The registered and licensed professional engineer made responsible
for the design of the stormwater management plan as designated by
the Zoning Administrator.
Requirements that differentiate between new development and
redevelopment depending on site specific characteristics like water
table issues and degree of new runoff impacts.
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, construction or redevelopment of impervious
surfaces on a development site that require, pursuant to state law
or local ordinance, the Village's approval of a site plan, site
condominium, special land use, planned unit development, rezoning
of land, land division approval, public or private road approval,
building permits or other approvals required for the development of
land or the erection of buildings or structures. This shall include
construction or improvement project on lands owned by the Village
and the local school district.
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.
See Chapter 313, Stormwater: Illicit Discharge and Connection.
See Chapter 313, Stormwater: Illicit Discharge and Connection.
The Ottawa County Drain Commissioner.
See Chapter 313, Stormwater: Illicit Discharge and Connection.
Written narratives, specifications, drawings, sketches, written
standards, operating procedures, or any combination of these which
contain information pursuant to this chapter. Also known as a "plan."
As established by the Village from time to time.
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. Earth change includes, but
is not limited to, any excavating, surface grading, filling, landscaping,
or removal of vegetation roots. Earth change does not include the
practice of plowing and tilling soil for the purpose of crop production.
Michigan Department of Environment, Great Lakes and Energy,
or successor organization.
The United States Environmental Protection Agency (EPA),
or successor agency.
The process by which the ground surface is worn away by action
of wind, water, gravity or a combination of any or all.
Discharges other than stormwater as specified in Chapter 313, Stormwater: Illicit Discharge and Connection.
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 or rapid accumulation of surface water
runoff from any source.
The base flood elevation plus one foot at any given location.
See Chapter 313, Stormwater: Illicit Discharge and Connection.
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
foot because of 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.
See Chapter 313, Stormwater: Illicit Discharge and Connection.
Any method or means for conveying an illicit discharge into water bodies or the Village's stormwater system as set forth in Chapter 313, Stormwater: Illicit Discharge and Connection, of this Code.
See Chapter 313, Stormwater: Illicit Discharge and Connection.
A surface, such as a paved or gravel driveway, roof, parking
area or road, that prevents the infiltration of water into the soil.
The percolation of water into the ground, expressed in inches
per hour.
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.
A binding agreement that sets forth the terms, measures,
and conditions for the maintenance of stormwater systems and facilities.
A publicly owned conveyance system designed or used for collecting
or conveying stormwater.
See Chapter 313, Stormwater: Illicit Discharge and Connection.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
National Pollution Discharge Elimination System.
All or part of a drainage system that is located partially
or completely off the development site which it serves.
Surface area that conveys a concentrated flow of stormwater
runoff.
The maximum rate of stormwater flow at a particular location
following a storm event, as measured at a given point in time, in
cubic feet per second (CFS).
An individual, firm, partnership, association, public or
private corporation, public agency, instrumentality, or other legal
entity.
See Chapter 313, Stormwater: Illicit Discharge and Connection.
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.
A system which is designed to capture stormwater and contain
it until it infiltrates the soil, evaporates, or drains.
That part of precipitation which flows over the land.
Mineral or organic 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.
The stripping of soil and weathered rock from land creating
sediment for transportation by water, wind or ice, thereby 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.
A conduit, pipe, swale, natural channel, or man-made structure
which serves to transport stormwater runoff. Storm drains may be either
enclosed or open.
Any facility, structure, channel, area, process or measure
which serves to control stormwater runoff in accordance with the purposes
and standards of this chapter.
The method, structure, area, system, or other equipment or
measures which are designed to receive, control, store, or convey
stormwater.
A document prepared by the Village Manager, or his or her
designee (e.g., engineer, landscape architect, or surveyor), which
describes the best management practices and activities to be implemented
by a person or business identifying sources of pollution or contamination
at a site and the actions necessary to eliminate or reduce pollutant
discharges to stormwater, stormwater conveyance systems, and/or receiving
waters to the maximum extent possible.
Requirements that differentiate between new development and
redevelopment depending on site-specific characteristics like water
table issues and degree of new run off impacts.
A permit issued by either the Zoning Administrator of the
Village pursuant to state law or by the Village Planning Commission
pursuant to this chapter.
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.
Defined contour of land with gradual slopes that transport
and direct the flow of stormwater.
See Chapter 313, Stormwater: Illicit Discharge and Connection.
A river, lake, stream, creek, or other watercourse or wetlands.
Any natural or man-made waterway or other body of water having
reasonably well-defined banks. Rivers, streams, creeks and brooks,
and channels, whether continually or intermittently flowing, as well
as lakes and ponds are watercourses for purposes of stormwater management.
An area in which there is a common outlet into which stormwater
ultimately flows, otherwise known as a "drainage area."
Land characterized by the presence of hydric soils and water at a frequency and duration sufficient to support, and that under normal circumstances does support wetland vegetation or aquatic life and is commonly referred to as a "bog," "swamp," or "marsh," as defined by state law. See, also, Chapter 313, Stormwater: Illicit Discharge and Connection.
For purposes of this chapter, the following rules of construction
apply:
A.
Words and phrases in this chapter shall be construed according to their common and accepted meanings, except that words and phrases defined in § 320-7 of this chapter shall be construed according to the respective definitions given in that section;
B.
Particulars provided by way of illustration or enumeration shall
not control general language;
C.
Ambiguities, if any, shall be construed liberally in favor of protecting
natural land and water resources;
D.
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;
E.
Technical words and technical phrases which are not defined in this
chapter but which have acquired particular meanings in law or in technical
usage shall be construed according to such meanings.
The catch-line headings of the articles and sections of this
chapter are intended for convenience only and shall not be construed
as affecting the meaning or interpretation of the text of the articles
or sections to which they may refer.
