A. 
A developer shall not engage in any development without first receiving a stormwater permit from the Zoning Administrator pursuant to the provisions of this chapter;
B. 
The Village shall submit an annual permit for review of normal maintenance;
C. 
The granting of a stormwater permit shall authorize only such development for which the permit is required, subject to the terms of the permit, and it shall not be deemed to approve other development or other land use activities.
The Village shall grant a stormwater permit which may impose terms and conditions in accordance with Chapter 313, Stormwater: Illicit Discharge and Connection, illicit discharge elimination plan (IDEP) and this chapter and which shall be granted only upon compliance with each of the following requirements:
A. 
The developer has submitted a drainage plan for all drainage complying with all requirements of this chapter; and
B. 
The drainage plan contains a description of an adequate, temporary stormwater retention or system to prevent construction site stormwater runoff, satisfying all the requirements of this chapter, and the developer has obtained a soil erosion permit, if necessary; and
C. 
If it can be demonstrated that the drainage will be materially improved, the following standards will not apply if the developer provides:
(1) 
A permanent on-site drainage plan and a stormwater management facility complying with the Village of Spring Lake Standards and Specifications and the Village of Spring Lake Performance and Design Standards adopted by the Village; and
(2) 
The developer has paid or deposited the stormwater permit review fee pursuant to this chapter, if applicable; and
(3) 
The developer has paid or posed the applicable financial guarantee pursuant to this chapter, if applicable; and
(4) 
The developer provides all easements necessary to implement the approved drainage plan and stormwater management facility and to otherwise comply with all of the provisions of this chapter. All easements shall be acceptable to the Village in form and substance and shall be recorded with the County Register of Deeds; and
(5) 
The drainage plan is designed in conformity with the Village of Spring Lake Performance and Design Standards adopted by the Village as part of this chapter; and
(6) 
All stormwater runoff facilities shall be designed in accordance with the Village design criteria as set by the stormwater manager; and
(7) 
The developer provides the required maintenance agreement for routine, emergency, and long-term maintenance of all stormwater management facilities. This agreement shall be in compliance with the approved drainage plan and this chapter; and
(8) 
The maintenance agreement shall be acceptable to the Village in form and substance and shall be recorded with the County Register of Deeds, if deemed necessary by the Zoning Administrator.
During the site plan approval process, the developer shall provide a drainage plan to the Village for review and approval. The drainage plan shall identify and contain all of the following:
A. 
The location of the development site and water bodies that will receive stormwater runoff;
B. 
The existing and proposed typography of the development site, including the alignment and boundary of the natural drainage courses, with contours having a maximum interval of two feet (using USGS datum). The information shall be superimposed on the pertinent Ottawa County soil map. This provision does not apply to developments not required as stated in §§ 320-5 and 320-6 of this chapter;
C. 
The development tributary area to each point of discharge from the development;
D. 
Calculations for the final peak discharge rates of a 100-year, 24-hour storm as determined by the developer's engineer and also if permitted by the Planning Commission per Article X of this chapter;
E. 
Calculations for any facility or structure size and configuration;
F. 
A drawing showing all proposed stormwater runoff facilities with existing and final grades;
G. 
The sizes and locations of upstream and downstream culverts serving the major drainage routes flowing into and out of the development site. Any significant off-site and on-site drainage outlet restrictions, other than culverts, should be noted on the drainage map;
H. 
An implementation plan for construction and inspection of all stormwater management facilities necessary to the overall drainage plan, including a schedule of estimated dates for completing construction of the stormwater runoff facilities shown on the plan and an identification of the proposed inspection procedures to ensure that the stormwater management facilities are constructed in accordance with the approved drainage plan;
I. 
A plan to ensure the effective control of construction stormwater runoff and sediment tracking onto roadways and how often roadways will be cleaned;
J. 
Drawings, profiles, and/or specifications for the construction of stormwater management facilities reasonably necessary to ensure that stormwater runoff will be drained, stored, or otherwise controlled in accordance with this chapter;
K. 
A maintenance agreement, in form and substance acceptable to the Village, as applicable, for ensuring maintenance of any privately owned stormwater management facilities. The maintenance agreement shall include the developer's written commitment to provide routine, emergency, and long-term maintenance of the facilities in perpetuity and, in the event that the facilities are not maintained in accordance with the approved drainage plan, the agreement shall authorize the Village to maintain an on-site stormwater management facility as reasonably necessary, at the developer's expense;
L. 
The name of the engineering firm and the professional engineer that designed the drainage plan and that will inspect final construction of the stormwater runoff facilities, unless the use of an engineer is waived by the Zoning Administrator;
M. 
All design information should be compatible with the county geographic information system.
A. 
Permit application fees: as established by the Village Council from time to time in the annual fee schedule.
B. 
For more complicated projects as deemed appropriate by the Zoning Administrator unless demonstrated otherwise, all expenses and costs incurred by the Village directly associated with processing, reviewing, and approving or denying a stormwater permit application shall be paid (or reimbursed) to the Village from the funds paid directly by the developer or from a separate escrow account established by the developer. The Village may draw funds from a developer's escrow account to reimburse the Village for out-of-pocket expenses incurred by the Village relating to the application. Such reimbursable expenses include, but are not limited to, expenses related to the following:
(1) 
Services of the Village Attorney directly related to the application;
(2) 
Services of the Village Engineer directly related to the application;
(3) 
Services of other independent contractors working for the Village, which are directly related to the application;
(4) 
Any additional public hearings, required mailings and legal notice requirements, etc., necessitated by the application.
C. 
At the time a developer applies for a stormwater permit, the developer shall deposit with the Village Clerk/Treasurer a $5,000 escrow deposit. Any excess funds remaining in the escrow account after the application has been fully processed, reviewed and after the final approval and acceptance of the development has occurred will be refunded to the developer with no interest to be paid on those funds. At no time prior to the Village's final decision on an application shall the balance in the escrow account fall below the required initial amount. If the funds in the account are reduced to less than the required initial amount, the developer shall deposit into the account an additional amount to restore the balance to the required initial amount, before the application review process will be continued. Additional amounts may be required to be placed in the escrow account by the developer, at the discretion of the Village Zoning Administrator.
Prior to making any earth change on a development site regulated by this chapter, the developer shall first obtain a soil erosion permit from the County Drain Commissioner issued in accordance with Part 91 of Act No. 451 of the Public Acts of 1994, as amended,[1] if one is required. The developer shall install stormwater management facilities that conform to the Village's stormwater performance and design standards and shall phase the development activities so as to prevent construction site stormwater runoff and off-site sedimentation. During all construction activities on the development site, the Village Manager, engineer, Zoning Administrator, or his or her designees may inspect the development site to ensure compliance with the approved construction site runoff controls.
[1]
Editor's Note: See MCLA § 324.9101 et seq.
A. 
The Village Zoning Administrator shall not approve a stormwater permit until the developer submits to the Village, in a form and amount satisfactory to the Village, a letter of credit or other financial guarantee for the timely and satisfactory construction of all stormwater runoff facilities and site grading in accordance with the approved drainage plan. Upon certification by a registered professional engineer that the stormwater management facilities have been completed in accordance with the approved drainage plan including, but not limited to, the provisions contained in § 320-12 of this article, the Village may release the letter of credit or other financial guarantee subject to final Village acceptance and approval.
B. 
Except as provided in Subsection C below, the amount of the financial guarantee shall be equal to the construction cost estimate provided by the developer of all stormwater runoff facilities and site grading, unless the Village Zoning Administrator determines that a greater amount is appropriate, in which case the basis for such determination shall be provided to the developer in writing. In determining whether a greater amount is appropriate, the Village Zoning Administrator shall consider the size and type of the development, the size and type of the on-site stormwater system, and the nature of the off-site stormwater management facilities the development will utilize.
C. 
This chapter shall not be construed or interpreted as relieving a developer of its obligation to pay all costs associated with on-site private stormwater runoff facilities as well as those costs arising from the need to make other drainage improvements in order to reduce the development's impact on a drain consistent with the provisions of this chapter.
No certificate of occupancy shall be issued until stormwater management facilities have been completed in accordance with the approved drainage plan; provided, however, the Village may issue a temporary certificate of occupancy if an acceptable letter of credit or other financial guarantee has been submitted to the Village Zoning Administrator, for the timely and satisfactory construction of all stormwater management facilities and site grading in accordance with the approved drainage plan.
Stormwater management facilities, after construction and approval, shall be maintained in good condition, in accordance with the approved drainage plan, and shall not be subsequently altered, revised or replaced except in accordance with the approved drainage plan, or in accordance with approved amendments or revisions in the plan.
A. 
In granting a stormwater permit, the Village may impose such terms and conditions as are reasonably necessary to effectuate the purposes of this chapter. A developer shall comply with such terms and conditions.
B. 
A permit is considered to be granted by the Village when approval is granted to a development by the Planning Commission, unless authorization is required to be granted by another agency also under state law and this approval has not been offered.