The purpose of this chapter is to provide for the regulation and control of stormwater runoff to protect waterways and sensitive areas in the Village. These provisions are intended to protect sensitive areas and waterways while at the same time allowing design flexibility. Protection of the public health, safety, and welfare shall be a primary consideration in the design of all stormwater runoff facilities.
This chapter is adopted in accordance with the Constitution and laws of the State of Michigan which authorize local units of government to provide stormwater management services and systems that will contribute to the protection and preservation of the public health, safety, and welfare and to protect natural resources, including the Drain Code of 1956, as amended, being MCLA § 280.1 et seq.; the Land Division Act, as amended, being MCLA § 560.101 et seq.; The Revenue Bond Act, as amended, being MCLA § 141.101 et seq.; and the Natural Resources and Environmental Protection Act, as amended, being MCLA § 324.101 et seq.; Section 401(p) of the Federal Water Pollution Control Act (also known as the "Clean Water Act"), as amended, being 33 U.S.C. § 1342(p) and 40 CFR Parts 9, 122, 123 and 124, and other applicable state and federal laws.
The Village of Spring Lake finds that:
A. 
Water bodies, roadways, structures, and other property within and downstream of the Village 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 Village and the region;
C. 
Land development alters the hydraulic response of watersheds, resulting in increased stormwater runoff rates and volumes, increased flooding, increased stream channel erosion, increased sediment transport and deposition, and increased nonpoint source pollutant loading to the receiving water bodies and the Great Lakes;
D. 
Stormwater runoff produced by land development contributes to increased quantities of waterborne pollutants;
E. 
Stormwater runoff, soil erosion, and nonpoint source pollution have increased as a result of land development, and have impacted the water resources of the Spring Lake Watershed;
F. 
Stormwater runoff, soil erosion, and nonpoint source pollution, because of land development within the Village, have resulted in deterioration of the water resources of the Village and downstream municipalities;
G. 
Increased stormwater runoff rates and volumes, and the sediments and pollutants associated with stormwater runoff from future development projects within the Village will, absent proper regulation and control, adversely affect the Village 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. 
Adopting the standards, criteria and procedures contained in, or cited by, this chapter and implementing the same will address many of the deleterious effects of stormwater runoff;
J. 
Adopting these standards is necessary for the preservation of the public health safety and welfare;
K. 
Illicit discharges contain pollutants that will significantly degrade the Village and are addressed in Chapter 313, Stormwater: Illicit Discharge and Connection. The provisions of Chapter 313 control illicit discharges and connections contained in this chapter, and implementation addresses many of the deleterious effects of illicit discharges. The provisions of Chapter 313 are administered by the Village Manager or his or her designee, in coordination with the provisions of this chapter as needed;
L. 
This chapter addresses the requirements for control of stormwater from new developments and redevelopments and is administered by the Zoning Administrator, or his or her designee, in coordination with the existing provisions of Chapter 313, illicit discharge elimination plan (IDEP), as needed.
It is the purpose of this chapter to establish minimum stormwater management requirements and controls to accomplish, among others, the following objectives, to:
A. 
Reduce artificially induced flood damage;
B. 
Minimize increased stormwater runoff rates and volumes from identified land development;
C. 
Prevent an increase in nonpoint source pollution;
D. 
Minimize the deterioration of existing watercourses, culverts and bridges, and other structures;
E. 
Require water recharge into the ground where geologically favorable conditions exist;
F. 
Maintain the ecological integrity of stream channels for their biological functions, as well as for drainage and other purposes;
G. 
Minimize the impact of development on stream bank and streambed stability;
H. 
Reduce erosion from development or construction projects;
I. 
Control nonstormwater discharges to stormwater conveyances and reduce pollutants in stormwater discharges;
J. 
Preserve and protect water supply facilities and water resources by means of controlling increased flood discharges, stream erosion, and runoff pollution;
K. 
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 chapter;
L. 
Reduce the adverse impact of changing land use on water bodies and, to that end, this chapter establishes minimum standards to protect water bodies from degradation resulting from changing land use where there are insufficient stormwater management controls;
M. 
Ensure that storm drain or stormwater best management practices are adequate to address stormwater management needs within a proposed development, and to protect downstream landowners from flooding and degradation of water quality. The procedures, standards, and recommendations set forth in this chapter and the Low Impact Development Manual for Michigan are designed for these purposes;
N. 
Regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user;
O. 
Establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this chapter.
A. 
This chapter shall apply to every development requiring approval of a plat, a site development plan or building permit, or for any work which will alter stormwater drainage characteristics of the development site in the Village of Spring Lake, including but not necessarily limited to:
(1) 
Land development proposals subject to site plan review requirements in Chapter 390, Zoning, of the Code of the Village of Spring Lake;
(2) 
Subdivision plat proposals;
(3) 
Site condominium developments pursuant to the Condominium Act, P.A. 59 of 1978 as amended; MCLA § 559.101 et seq.;
(4) 
Any development on property divided by land division, on platted subdivision lots, or on site condominium lots;
(5) 
Any proposal to mine, excavate, or clear and grade, compact, or otherwise develop one acre or more of land for purposes, other than routine single- and two-family residential landscaping and gardening;
(6) 
Any non-single-family or two-family proposed development on property within 20 feet of the top of the bank of an inland lake or stream;
(7) 
Development projects of federal, state, and local agencies and other public entities subject to the Village NPDES permit for municipal separate storm sewer systems;
(8) 
Maintenance of a stormwater basin constructed prior to the effective date of the regulations of which this subsection is a part;
(9) 
Village of Spring Lake public improvements other than bike paths.
B. 
This chapter shall apply to all discharges entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted in Chapter 313, Stormwater: Illicit Discharge and Connection, illicit discharge elimination plan (IDEP).
Notwithstanding the requirements of § 320-5, this chapter shall not apply to:
A. 
Single-family and two-family homes except for that portion of all private and public property that is 20 feet closer to a water body;
B. 
Activities protected by the Right to Farm Act 93 of 1981, although this exemption shall not apply to livestock production facilities as defined in this chapter, greenhouses and other similar structures;
C. 
Routine single-family and two-family landscaping, unless such landscaping is within 20 feet of a water body, other residential landscaping and/or gardening which does not otherwise materially alter stormwater flow from the property in terms of rate and/or volume and therefore meet lot coverage standards;
D. 
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. Plats that have received preliminary plat approval and other developments with final land use approval prior to the effective date of this chapter, where such approvals remain in effect;
E. 
Sidewalks, bike paths and non-motorized trails unless the development will disturb one acre or more of land.