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.
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.