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Chapter 26 ENVIRONMENT* Article I. In General Secs. 26-1—26-30. Reserved. Article II. Noise Division 1. Generally Sec. 26-31. Finding and declaration of fact; purpose of article. Sec. 26-32. Penalty for violation of article. Sec. 26-33. Loud, disturbing, etc., noise generally. Sec. 26-34. Playing of radios, musical instruments, etc.—Generally. Sec. 26-35. Same—Where sound cast outside building for advertising purposes. Sec. 26-36. Yelling, shouting, etc., generally. Sec. 26-37. Shouting by peddlers and hawkers. Sec. 26-38. Playing of radios, musical instruments and other sound- producing or amplifying devices in city parks; presumption established; vehicles providing power to or containing sound devices; public nuisances and abatement by impoundment. Sec. 26-39. Zone of quiet. Sec. 26-40. Transportation of rails, pillars or columns. Sec. 26-41. Noise from loading or unloading vehicles or opening or destroy- ing bales, boxes, etc. Sec. 26-42. Discharge of engine or motor exhaust. Sec. 26-43. Blowing of steam whistles. Sec. 26-44. Operation of blowers or power fans. Sec. 26-45. Sound amplification from aircraft. Sec. 26-46. Limitation on hours for construction or demolition work. Sec. 26-47. Operation of pile drivers, steam shovels, etc. Sec. 26-48. Noise near schools, courts, churches, hospitals. Sec. 26-49. Noise to attract attention to performance, show or sale. Secs. 26-50—26-65. Reserved. Division 2. Sound Trucks Sec. 26-66. Definitions. Sec. 26-67. Registration. Sec. 26-68. Permitted sounds. Sec. 26-69. Hours or operation; operation on Sundays and holidays prohibited. Sec. 26-70. Operation on certain streets prohibited. Sec. 26-71. Operation near hospital, school, church, court or voting place. Sec. 26-72. Minimum speed; operation of sound equipment when truck stopped. Sec. 26-73. Control of sound volume generally. Sec. 26-74. Maximum amplification power. Secs. 26-75—26-155. Reserved. *State law reference—Natural resources and environmental protection act, MCL 324.101 et seq. Supp. No. 12 CD26:1 MUSKEGON CITY CODE Article III. Soil Stripping and Dumping Division 1. Generally Sec. 26-156.Soil defined. Sec. 26-157.Purpose. Sec. 26-158.Waiver of article provisions. Sec. 26-159.Requirements for stripping operations. Sec. 26-160.Grading required after dumping. Sec. 26-161.Dumping on spillways or floodplains or between upper and lower banks of streams or watercourses. Secs. 26-162—26-180. Reserved. Division 2. Permit Sec. 26-181. Required; exceptions. Sec. 26-182. Application; filing; contents. Sec. 26-183. Map to be filed by applicant. Sec. 26-184. Filing fee. Sec. 26-185. Applicant's bond and insurance. Sec. 26-186. Investigation of application. Sec. 26-187. Hearing on application. Sec. 26-188. Grant or denial. Sec. 26-189. Fee; inspection of work under permit. Sec. 26-190. Expiration. Sec. 26-191. Revocation or suspension. Secs. 26-192—26-195. Reserved. Division 3. Excavations Sec. 26-196. Application of division; compliance. Sec. 26-197. Location with respect to streets and property lines. Sec. 26-198. Standards. Secs. 26-199—26-210. Reserved. Article IV. Point-Source Groundwater Discharges Division 1. Generally Sec. 26-211. Definitions. Sec. 26-212. Policy and purposes. Sec. 26-213. Municipal civil infraction. Secs. 26-214—26-230. Reserved. Division 2. Permit For Discharge From Purge Well Sec. 26-231. Prohibition. Sec. 26-232. Application for permit. Sec. 26-233. Review. Sec. 26-234. Permits. Sec. 26-235. Term of permit. Sec. 26-236. Existing purge wells. Sec. 26-237. Capacity of system; proposed changes. Sec. 26-238. Other laws. Secs. 26-239—26-299. Reserved. Article V. Reserved Secs. 26-300—26—400. Reserved. Supp. No. 12 CD26:2 ENVIRONMENT Article VI. Floodplain Management Sec. 26-401. Agency designated. Sec. 26-402. Code appendix enforced. Sec. 26-403. Designation of regulated floodprone hazard areas. Sec. 26-404. Repeals. Sec. 26-405. Publication. Secs. 26-406—26—499. Reserved. Article VII. Stormwater Management Division 1. Generally Sec. 26-500. Definitions. Sec. 26-501. Statutory authority and title. Sec. 26-502. Findings. Sec. 26-503. Purpose. Sec. 26-504. Applicability, exemptions, and general provisions. Secs. 26-505—26-510. Reserved. Division 2. Stormwater Permit Sec. 26-511. Permit required. Sec. 26-512. Review procedures. Sec. 26-513. Drainage plan. Sec. 26-514. Review fees; escrow. Sec. 26-515. Financial guaranty. Sec. 26-516. Certificate of occupancy. Sec. 26-517. No change in approved facilities. Sec. 26-518. Terms and conditions. Secs. 26-519—26-525. Reserved. Division 3. Stormwater Management System, Protection and Other Standards, Soil Erosion Control Sec. 26-526. Responsibility for stormwater management system. Sec. 26-527. Stormwater management system. Sec. 26-528. Public health, safety and welfare. Sec. 26-529. Protection of environmentally sensitive areas. Sec. 26-530. Flood protection and building openings. Sec. 26-531. Soil erosion and sedimentation control. Secs. 26-532—26-535. Reserved. Division 4. Prohibitions and Exemptions Sec. 26-536. Prohibited discharges. Sec. 26-537. Exempted discharges. Sec. 26-538. Interference with natural or artificial drains. Sec. 26-539. Storage of hazardous or toxic materials in drainageway. Secs. 26-540—26-545. Reserved. Division 5. Inspection, Monitoring, Reporting, and Recordkeeping Sec. 26-546. Inspection and sampling. Sec. 26-547. Stormwater monitoring facilities. Sec. 26-548. Accidental discharges. Sec. 26-549. Recordkeeping requirement. Secs. 26-550—26-555. Reserved. Supp. No. 12 CD26:3 MUSKEGON CITY CODE Division 6. Enforcement Sec. 26-556. Sanctions for violation. Sec. 26-557. Stop work order. Sec. 26-558. Failure to comply. Sec. 26-559. Emergency measures. Sec. 26-560. Cost recovery for damage to stormwater drainage system. Sec. 26-561. Collection of costs; lien. Sec. 26-562. Appeals. Sec. 26-563. Suspension of MS4 access. Sec. 26-564. Tracking enforcement. Secs. 26-565—26-570. Reserved. Division 7. Stormwater Easements and Maintenance Agreements Sec. 26-571. Applicability of requirements. Sec. 26-572. Stormwater easements. Sec. 26-573. Maintenance agreements. Sec. 26-574. Prohibition of orphan drains. Secs. 26-575—26-580. Reserved. Division 8. Performance and Design Standards Sec. 26-581. Resolution to implement performance and design standards. Sec. 26-582. Performance standards. Sec. 26-583. Alternatives for meeting performance standards. Sec. 26-584. Design standards. Sec. 26-585. Responsibility to implement best management practices (BMPs). Supp. No. 12 CD26:4 ENVIRONMENT § 26-35 ARTICLE I. IN GENERAL Sec. 26-33. Loud, disturbing, etc., noise gen- erally. Secs. 26-1—26-30. Reserved. (a) It shall be unlawful for any person to make, continue, or cause to be made or continued any loud or unusual noise, or any noise which either ARTICLE II. NOISE* disturbs, injures or endangers the comfort, re- pose, health, peace or safety of others, within the limits of the city. DIVISION 1. GENERALLY (b) The acts enumerated in the following sec- tions of this article are hereby declared to be loud Sec. 26-31. Finding and declaration of fact; and disturbing noises, but such enumeration shall purpose of article. not be deemed to be exclusive. (Code 1975, § 14-2; Code 2002, § 26-33) It is hereby found and declared that: Sec. 26-34. Playing of radios, musical instru- (1) The making and creation of loud, unnec- ments, etc.—Generally. essary or unusual noises within the city is a condition which has existed for some (a) Playing, using, operating or permitting to time and the extent and the volume of be played, used or operated, any radio receiving such noises are increasing; set, musical instrument, phonograph or other machine or device for producing or reproducing (2) Loud, unnecessary, unnatural or unusual sound in such manner as to disturb the peace, noises, which are prolonged, affect and quiet and comfort of the neighboring inhabitants, are a detriment to the public health, com- or at any time with louder volume than is neces- fort, convenience, safety, welfare and pros- sary for convenient hearing for the person who is perity of the residents of the city; in the room, vehicle or chamber in which such machine or device is operated and those who are (3) The necessity, in the public interest, for voluntary listeners thereto, is prohibited. the provisions and prohibitions contained in this article is declared a matter of (b) The operation of any such set, instrument, legislative determination and public pol- phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to icy, and it is further declared that the be plainly audible at a distance of 50 feet from the provisions and prohibitions contained and building, structure or vehicle in which it is located enacted in this article are in pursuance of, shall be prima facie evidence of a violation of this and for the purpose of, securing and pro- section. moting the public health, comfort, conve- (Code 1975, § 14-3; Code 2002, § 26-34) nience, safety, welfare, prosperity, peace and quiet of the city and its inhabitants. Sec. 26-35. Same—Where sound cast out- (Code 1975, § 14-1; Code 2002, § 26-31) side building for advertising pur- poses. Sec. 26-32. Penalty for violation of article. Playing, using, operating or permitting to be played, used or operated, any radio receiving set, Any person who violates any provision of this musical instrument, phonograph, loudspeaker, article shall be responsible for a municipal civil sound amplifier or other machine or device for infraction. producing or reproducing sound which is cast (Code 1975, § 14-20; Code 2002, § 26-32) upon the public streets or any unenclosed area *State law reference—Motor vehicle mufflers, MCL open to the public where persons are permitted to 257.707 et seq. congregate, for the purpose of commercial adver- CD26:5 § 26-35 MUSKEGON CITY CODE tising or attracting the attention of the public to (c) Any device operated in violation of subsec- any building or structure for commercial pur- tion (a) of this section is declared to be a public poses, is prohibited. nuisance which any police officer by hearing such (Code 1975, § 14-4; Code 2002, § 26-35) device or upon information and belief may abate by impounding such device and removing it from Sec. 26-36. Yelling, shouting, etc., generally. the park to the police station. The owner of such device may have it removed from impoundment Yelling, shouting, hooting, whistling or singing at any time thereafter by paying to the police on the public streets, particularly between the department an impoundment fee in the amount hours of 11:00 p.m. and 7:00 a.m., or at any time established by resolution to cover the cost of or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwell- removal and storage. ing, hotel or other type of residence, or of any person in the vicinity, is prohibited. (d) Any motor vehicle which furnishes the source (Code 1975, § 14-5; Code 2002, § 26-36) of power for any such offending device or contains such offending device is hereby declared to be Sec. 26-37. Shouting by peddlers and hawk- illegally parked and a public nuisance. Any police ers. officer may abate such nuisance by impounding The shouting and crying of peddlers, hawkers the vehicle in the manner provided in Section and vendors, which disturbs the peace and quiet 2.5(d) of the Uniform Traffic Code as adopted by of the neighborhood, is prohibited. the city. (Code 1975, § 14-6; Code 2002, § 26-37) (e) Nothing contained in this section shall be Sec. 26-38. Playing of radios, musical instru- construed to limit the rights of citizens to obtain a ments and other sound-produc- permit to use a sound-amplifying device as autho- ing or amplifying devices in city rized pursuant to division 2 of this article. parks; presumption established; (Code 1975, § 14-7; Code 2002, § 26-38) vehicles providing power to or containing sound devices; pub- lic nuisances and abatement by Sec. 26-39. Zone of quiet. impoundment. (a) Playing, using, operating or permitting to Whenever authorized signs are erected indicat- be played, used or operated, any radio receiving ing a zone of quiet, no person operating a motor set, musical instrument, phonograph, tape record- vehicle within any such zone shall sound the horn ing device or other machine or sound-amplifying or other warning device of such vehicle, except in device for producing, reproducing or amplifying an emergency. sound in any city park in such a manner that the (Code 1975, § 14-9(b); Code 2002, § 26-39) sound emanating from any such device is plainly audible at a distance of 50 feet from the physical location of any such device without a permit is Sec. 26-40. Transportation of rails, pillars prohibited and a person, upon conviction thereof, or columns. shall be deemed responsible for a municipal civil infraction. The transportation of rails, pillars or columns (b) If the source of power for any device or the of iron, steel or other material over and along sound from any device operated in violation of streets and other public places upon carts, drays, subsection (a) of this section emanates from a cars or trucks, in any manner as to cause loud motor vehicle, the registered owner of the vehicle noises or which disturbs the peace and quiet of at the time of such violation shall be presumed to such streets or other public places, is prohibited. have committed the violation. (Code 1975, § 14-10; Code 2002, § 26-40) CD26:6 ENVIRONMENT § 26-48 Sec. 26-41. Noise from loading or unloading Sec. 26-46. Limitation on hours for construc- vehicles or opening or destroy- tion or demolition work. ing bales, boxes, etc. (a) The erection (including excavating), demo- The creation of a loud and excessive noise in lition, alteration or repair of any building, other connection with loading or unloading any vehicle than between the hours of 7:00 a.m. and 6:00 p.m. or the opening and destruction of bales, boxes, is prohibited, except in case of urgent necessity in crates and containers is prohibited. the interest of public health and safety, and then (Code 1975, § 14-11; Code 2002, § 26-41) only with a permit from the building inspector, which permit may be granted for a period not to Sec. 26-42. Discharge of engine or motor ex- exceed three days or less while the emergency haust. continues and which permit may be renewed for periods of three days or less while the emergency The discharge into the open air of the exhaust continues. of any steam engine, stationary internal combus- tion engine, motor boat or motor vehicle, except (b) If the building inspector shall determine through a muffler or other device which will that the public health and safety will not be effectively prevent loud or explosive noises there- impaired by the erection, demolition, alteration or from, is prohibited. repair of any building or the excavation of streets (Code 1975, § 14-12; Code 2002, § 26-42) and highways within the hours of 6:00 p.m. and 7:00 a.m., and if he shall further determine that Sec. 26-43. Blowing of steam whistles. loss or inconvenience would result to any party in The blowing of any steam whistle attached to interest, he may grant permission for such work any stationary boiler, except to give notice of the to be done between the hours of 6:00 p.m. and 7:00 time to begin or stop work or as a warning of fire a.m., upon application for a permit requesting or danger, or upon request of proper city author- performance of such work during the hours afore- ities, is prohibited. mentioned. (Code 1975, § 14-13; Code 2002, § 26-43) (Code 1975, § 14-16; Code 2002, § 26-46) Sec. 26-44. Operation of blowers or power Sec. 26-47. Operation of pile drivers, steam fans. shovels, etc. The operation of any noise-creating blower or The operation, between the hours of 10:00 p.m. power fan is prohibited, unless the noise from and 7:00 a.m., of any pile driver, steam shovel, such blower or fan is muffled. pneumatic hammer, derrick, steam or electric (Code 1975, § 14-14; Code 2002, § 26-44) hoist or other appliance, the use of which is attended by loud or unusual noise, is prohibited, Sec. 26-45. Sound amplification from air- except in the case of an emergency. craft. (Code 1975, § 14-17; Code 2002, § 26-47) (a) No person shall operate, or cause to be operated, any aircraft for any purpose in or over Sec. 26-48. Noise near schools, courts, the city with sound amplifying equipment in churches, hospitals. operation. The creation of any excessive noise on any (b) For the purpose of this section, the term street adjacent to any school, institution of learn- "aircraft," shall mean any contrivance now known ing, church, court or hospital, which unreason- or hereafter invented, used or designed for navi- ably interferes with the business of any such gation or for flight in the air, including helicopters institution, or which disturbs or unduly annoys and lighter-than-air dirigibles and balloons. patients in a hospital, shall be unlawful, provided (Code 1975, § 14-15; Code 2002, § 26-45) conspicuous signs are displayed in such streets CD26:7 § 26-48 MUSKEGON CITY CODE indicating the type of institution situated thereon (3) License number and motor number of the and that noise is prohibited or that quiet is sound truck to be used by the applicant; required in such area. (4) Name and address of the person who (Code 1975, § 14-18; Code 2002, § 26-48) owns the sound truck; See. 26-49. Noise to attract attention to per- (5) Name and address of the person having formance, show or sale. direct charge of the sound truck; The use of any drum or other instrument or (6) Names and addresses of all persons who device for the purpose of attracting attention, by will use or operate the sound truck; the creation of noise, to any performance, show or (7) The purpose for which the sound truck sale is prohibited. will be used; (Code 1975, § 14-19; Code 2002, § 26-49) (8) A general statement as to the section of Secs. 26-50—26-65. Reserved. the city in which the sound truck will be used; DIVISION 2. SOUND TRUCKS (9) The proposed hours of operation of the sound truck; Sec. 26-66. Definitions. (10) The number of days of proposed operation The following words, terms and phrases, when of the sound truck; used in this division, shall have the meanings (11) A general description of the sound ampli- ascribed to them in this section, except where the fying equipment which is to be used; and context clearly indicates a different meaning: (12) The maximum sound producing power of Sound amplifying equipment means any ma- the equipment to be used in or on the chine or device for the amplification of the human sound truck, including: voice, music or any other sound, but shall not be construed as including standard automobile ra- a. The wattage to be used; dios, when used and heard only by occupants of b. The volume in decibels of the sound the vehicle in which installed, or warning devices which will be produced; and on authorized emergency vehicles or horns or other warning devices on other vehicles used only c. The approximate maximum distance for traffic safety purposes. for which sound will be thrown from the sound truck. Sound truck means any motor vehicle or animal- drawn vehicle having mounted thereon, or at- (b) All persons using or causing to be used tached thereto, any sound amplifying equipment. sound trucks for noncommercial purposes shall (Code 1975, § 14-32; Code 2002, § 26-66) amend any registration statement filed pursuant to this section within 48 hours after any change in Sec. 26-67. Registration. the information therein furnished. (a) No person shall use, or cause to be used, a (c) The city clerk shall return to each regis- sound truck, with sound amplifying equipment in trant under this section, one copy of the registra- operation in the city, before filing a registration tion statement, duly certified by the city clerk as statement with the city clerk. This registration a correct copy. Such certified copy shall be in the statement shall be filed in duplicate and shall possession of any person operating the sound state the following: truck at all times while the sound amplifying equipment is in operation, and shall be promptly (1) Name and home address of the applicant; displayed and shown to any police officer of the (2) Address of place of business of the appli- city upon request. cant; (Code 1975, § 14-34; Code 2002, § 26-67) CD26:8 ENVIRONMENT § 26-158 Sec. 26-68. Permitted sounds. Sec. 26-73. Control of sound volume gener- ally. The only sounds permitted from sound trucks are music and human speech. The volume of sound from a sound truck shall (Code 1975, § 14-42; Code 2002, § 26-68) be so controlled that it will not be audible for a distance in excess of 100 feet from the sound Sec. 26-69. Hours or operation; operation on truck, nor in volume unreasonably loud, raucous, Sundays and holidays prohib- jarring, disturbing or a nuisance to persons within ited. the area of audibility. (Code 1975, § 14-47; Code 2002, § 26-73) The operation of the sound amplifying equip- ment on sound trucks is permitted for four hours Sec. 26-74. Maximum amplification power. each day, except on Sundays and legal holidays, No sound amplifying equipment on a sound when such operation is prohibited. The permitted truck shall be operated in excess of 15 watts of four hours of operation shall be between the hours power in the last stage of amplification. of 11:30 a.m. and 1:30 p.m. and 4:30 p.m. and 6:30 (Code 1975, § 14-48; Code 2002, § 26-74) p.m. (Code 1975, § 14-43; Code 2002, § 26-69) Secs. 26-75—26-155. Reserved. Sec. 26-70. Operation on certain streets pro- hibited. ARTICLE III. SOIL STRIPPING AND DUMPING* No sound truck, with amplifying equipment in operation, shall be operated on the following streets: Western Avenue, between Spring Street DIVISION 1. GENERALLY and Fifth Street and Clay Avenue, from Spring Street to Fifth Street. Sec. 26-156. Soil defined. (Code 1975, § 14-44; Code 2002, § 26-70) The term "soil," as used in this article, shall mean topsoil, subsoil, sand, gravel, rock, stone Sec. 26-71. Operation near hospital, school, and heavy aggregate, earth and any other mate- church, court or voting place. rial proposed to be removed from or dumped on land. Sound shall not be emitted from a sound truck (Code 1975, § 17-2; Code 2002, § 26-156) within 100 yards of any hospital, school, church or courthouse, or within 100 yards of any voting Sec. 26-157. Purpose. polling place on any primary or election day. (Code 1975, § 14-45; Code 2002, § 26-71) The purpose of this article is to promote the public health, safety and general welfare of the Sec. 26-72. Minimum speed; operation of residents of the city and preserve the natural sound equipment when truck resources and to prevent the creation of nuisances stopped. and hazards to the public welfare, health, safety, morals, well-being and general welfare. Sound amplifying equipment shall not be oper- (Code 1975, § 17-1; Code 2002, § 26-157) ated unless the sound truck upon which such equipment is mounted is operated at a speed of at Sec. 26-158. Waiver of article provisions. least ten miles per hour, except when the truck is stopped or impeded by traffic. Whenever stopped In areas where, in the judgment of the city by traffic, the sound amplifying equipment shall commission or administrative staff, adequate pro- not be operated for longer than one minute at ♦State law references—Soil and sedimentation control, each stop. MCL 324.9101 et seq.; local soil erosion and sedimentation (Code 1975, § 14-46; Code 2002, § 26-72) control ordinances, MCL 324.9105 et seq. CD26:9 § 26-158 MUSKEGON CITY CODE visions are made to safeguard adjacent proper- Sec. 26-160. Grading required after dump- ties, or in the case of fills and excavations of minor ing. importance situated in isolated areas, the city Within six months following any dumping au- commission may waive any or all of the require- thorized by a permit issued under this article, the ments of sections 26-159, 26-160 and 26-161. parcel of land must be graded in such manner as (Code 1975, § 17-6; Code 2002, § 26-158) to prevent the collection of water, to provide proper drainage and to leave the ground surface Sec. 26-159. Requirements for stripping op- reasonably level or smooth, free of all rock, stone, erations. cement, heavy aggregate or rubbish, and fit for the growth of turf and other land uses permitted (a) Every person to whom a permit authoriz- in the district. ing stripping operations is issued under this arti- (Code 1975, § 17-4; Code 2002, § 26-160) cle shall comply with the following: Sec. 26-161. Dumping on spillways or flood- (1) No soil or other material shall be removed plains or between upper and below a point six inches above the mean lower banks of streams or wa- elevation of the centerline of the nearest tercourses. existing or proposed street or road estab- lished or approved by the city, except as No soil shall be dumped on the spillways or required for the installation of utilities floodplains of any natural or artificial streams or and pavements. watercourses, or in any area between the upper and lower banks of such streams or watercourses, (2) No soil or other materials shall be re- except with the approval of the city commission, moved in such manner as to cause water after public hearing and on a satisfactory showing to collect or to result in a place of danger that such dumping will not result in damage to or a menace to the public health. The other property within the limits of the city, and premises shall at all times be graded so will not be detrimental to the public health, that surface water drainage is not inter- safety, welfare or preservation of natural re- fered with. sources. For the purposes of this section, the term "floodplain" is defined as the land abutting a (3) Sufficient topsoil shall be stockpiled on watercourse which has stored the overflow of the site so that the entire site, when stormwater during periods of heavy storm. stripping operations are completed, may (Code 1975, § 17-5; Code 2002, § 26-161) be recovered with a minimum of four inches of topsoil and the replacement of Secs. 26-162—26-180. Reserved. such topsoil shall be made immediately following the termination of the stripping operations. In the event, however, that DIVISION 2. PERMIT such stripping operations continue over a period of time greater than 30 days, the Sec. 26-181. Required; exceptions. operator shall replace the stored topsoil (a) It shall be unlawful for any person to over the stripped areas as he progresses. dump, remove or strip any soil without a permit from the city commission. (b) The city commission may impose such other and further requirements on stripping operations (b) No permit will be required under this arti- as it deems necessary in the interest of the public cle where the moving, grading or leveling of soil is health, safety, morals, preservation of natural carried on for the immediate use or development resources and general welfare of the citizens of of land upon which the soil is found or where the the city. removal or dumping is incidental to the construc- (Code 1975, § 17-3; Code 2002, § 26-159) tion or alteration of a building or the premises, CD26:10 ENVIRONMENT § 26-185 pursuant to a building permit issued by the tains and the name, address and past department of building inspection. However, where experience in such matter of the person to major reshaping of the land is contemplated, be in charge of the proposed operations. either by removal or dumping, such permit shall (8) Whether or not any permit of the appli- be required. cant has been revoked, and, if so, the (Code 1975, § 17-18; Code 2002, § 26-181) circumstances of such revocation. Sec. 26-182. Application; filing; contents. (9) The time within which such excavation or dumping is to be commenced after the The application for a permit required by this granting of the permit and the time when article shall be filed with the city clerk in quadru- it is to be completed. plicate, the original of which shall be sworn to before some person lawfully authorized to admin- (10) Such further information as the city man- ister oaths, and shall set forth the following ager, city engineer or city commission information and shall be accompanied by the may require. following data: (Code 1975, § 17-19; Code 2002, § 26-182) (1) A full identification of the applicant and Sec. 26-183. Map to be filed by applicant. all persons to be directly or indirectly interested in the permit, if granted. At the time of the filing of the application provided for in section 26-182, the applicant shall (2) The residence and business address of the file with the city clerk a topographic map of the applicant. property on which the proposed work is to be done (3) A complete description and location of the covering an area having a radius of300 feet, so far property on which the work is proposed to as may be possible, from the exterior boundary of be done, prepared by a registered civil the proposed site. engineer or land surveyor. (Code 1975, § 17-20; Code 2002, § 26-183) (4) The exact nature of the proposed excava- Sec. 26-184. Filing fee. tion and soil to be removed or dumped and an estimate of the approximate number of At the time of filing the application and map cubic yards to be removed or dumped. pursuant to sections 26-182 and 26-183, the ap- This computation shall be made by a plicant shall pay a filing fee as set forth by registered civil engineer or land surveyor, resolution of the city commission. Such fee shall if deemed necessary. be used to defray costs of engineering services, investigation, publication charges and other mis- (5) A statement of the manner in which it is cellaneous administrative expenses occasioned by proposed to dump or excavate and remove processing such application. the soil, including the slope of the sides (Code 1975, § 17-21; Code 2002, § 26-184) and the level of the floor, and the finished grade and condition of the property follow- Sec. 26-185. Applicant's bond and insurance. ing the completion of the project, and the kind of equipment proposed to be em- The city commission shall require, as a condi- ployed in making such excavation and tion to the granting of any permit under this removing the soil. article, that the applicant deposit a surety bond, in an amount to be fixed by the city commission, (6) The proposed route which the applicant insuring to the benefit of the city and the general proposes to use over the public streets and over private property in transporting the public, guaranteeing that the applicant will faith- fully perform all of the conditions and require- soil. ments under which the permit is issued. The city (7) The past experience of the applicant in commission shall also require, as a condition to the matter to which the permit apper- the granting of any such permit, that the appli- CD26:11 § 26-185 MUSKEGON CITY CODE cant deposit a certificate of a responsible indem- respects morality, honesty and integrity, his finan- nity company, in an amount reasonably relevant cial responsibility and all pertinent things con- to the proposed work to be done, insuring the city cerning the health, safety, preservation of natural and the public against any loss or damage to resources and the preventing of nuisances and persons or property arising, directly or indirectly, hazards, and shall exercise a reasonable and from the operations of the applicant, or any per- sound discretion in the premises. No permit shall son acting on his behalf, in carrying on any work be granted if it appears from the investigation connected, directly or indirectly, with the issuance thereof that the project would remove the lateral of the permit. and subjacent support of the adjacent land and (Code 1975, § 17-22; Code 2002, § 26-185) result in a dangerous topographic condition, or result in seepage or slides or create em attractive Sec. 26-186. Investigation of application. nuisance dangerous to public safety, or that it otherwise would in any manner endanger the Immediately upon the filing of an application public health or morals and prevent the preser- for a permit under this article, one copy of such vation of natural resources, or be detrimental to application shall be delivered to the city manager the general public welfare. and one copy to the city engineer. The city engi- (Code 1975, § 17-25; Code 2002, § 26-188) neer shall make an investigation of the facts set forth in the application and shall make a written report of his investigation, together with his rec- Sec. 26-189. Fee; inspection of work under ommendations, to the city manager. permit. (Code 1975, § 17-23; Code 2002, § 26-186) At the time of issuance of a permit under this article the applicant shall pay a permit fee as set Sec. 26-187. Hearing on application. by resolution of the city commission to cover the Within 30 days after the city engineer makes expense of inspection and examination of the his report and recommendations to the city man- combined operation of the site. The site shall be ager pursuant to section 26-186, the city commis- inspected as often as deemed necessary by the sion shall hold a public hearing on the application city but at least every six months. A fee as set by for a permit under this article. Notice of such resolution of the commission shall be paid for hearing shall be given by the city clerk, by mail- each subsequent inspection. The fees required by ing a copy thereof addressed to the applicant and this section shall be in addition to any fees or to the owners of the property, as appears on the deposits required by other provisions of this arti- last assessment rolls of the city, within a 300-foot cle. radius of the exterior boundaries of the proposed (Code 1975, § 17-26; Code 2002, § 26-189) site. Such notice shall be mailed at least five days prior to the date set for the hearing. Such notice Sec. 26-190. Expiration. shall contain a statement of the time and place of the hearing, the name of the applicant, a general In the event that any work for which a permit description of the premises where the applicant has been granted under this article is not com- proposes to do the work, and a general statement menced within six months from the date hereof, of the size and nature of the proposed excavation or in the event work is started on excavations or dumping area. pursuant thereto and such work is abandoned for (Code 1975, § 17-24; Code 2002, § 26-187) a period of six months, the permit shall automat- ically expire by limitation and cease to be valid for Sec. 26-188. Grant or denial. any purpose. Such expired permit may be re- viewed by the city commission for continuance, The city commission, in granting or denying without payment of a filing fee, provided that the any application for a permit under this article, commencement date change or abandonment is shall take into consideration the zoning of the caused by access problems or weather conditions. proposed site, the character of the applicant as (Code 1975, § 17-27; Code 2002, § 26-190) CD26:12 ENVIRONMENT § 26-198 Sec. 26-191. Revocation or suspension. lowed to remain open for any period in excess of one year except by special permission of the Any permit granted pursuant to this article commission. may be revoked or suspended for failure to comply with any of the provisions of this article. Revoca- (b) Floor level. The floor of any excavation tion of such permit shall be accomplished only shall not be made lower than the level thereof as pursuant to a public hearing held before the city set forth in the permit application filed under commission, after five days notice to such permit division 2 of this article. holder stating the grounds of complaint against (c) Bank slope. The slopes of the banks of an him and the time and place where the hearing excavation shall in no event exceed a minimum of will be held. If, in the opinion of the city manager, five feet horizontal to one foot vertical. Where the public health, safety or welfare requires it, the ponded water results from the operation, such city manager may suspend any permit granted slope must be maintained and extended into the under this article pending the hearing for the water to a depth of three feet. revocation of such permit by the city commission. (Code 1975, § 17-28; Code 2002, § 26-191) (d) Fencing. (1) If, in the opinion of the city engineer, any Secs. 26-192—26-195. Reserved. excavation will present a dangerous con- dition if left open, such excavation shall DIVISION 3. EXCAVATIONS be enclosed by a chainlink or wire mesh fence completely surrounding the portion of the site where the excavation extends. Sec. 26-196. Application of division; compli- Such fence shall be not less than five feet ance. in height and shall be complete with gates, The provisions of this division shall apply to which gates shall be kept locked when excavations and excavating operations autho- operations are not being carried on. Barbed rized by a permit issued under this article and wire shall not be used. every person to whom such a permit is issued (2) In all cases where a lake, pool or pond is shall comply with this division. construed in connection with the opera- (Code 1975, § 17-40; Code 2002, § 26-196) tion of a pit, and the same is within 1,000 feet of any residence, chainlink fences Sec. 26-197. Location with respect to streets shall be placed around such body of water and property lines. adequate to prevent children from enter- No cut or excavation shall be made closer than ing. 50 feet from the nearest street or highway right- (e) Warning signs. Where excavation opera- of-way nor nearer than 40 feet to the nearest tions result in a body of water, the owner or property line; provided, however, that the city operator shall place appropriate "Keep Out— commission may prescribe more strict require- Danger" signs around the premises, not more ments in order to give sublateral support to than 100 feet apart. surrounding property where soil or geographic conditions warrant it. (f) Stagnant water; spraying of pools or ponds. (Code 1975, § 17-41; Code 2002, § 26-197) During the period in which excavation is being made or a pit is being operated, no person shall Sec. 26-198. Standards. allow pools or puddles of water to form and become stagnant, and any person operating a pit (a) Maximum size and period of operation of shall, at least once each month, spray any pools or gravel or sand pit. No person shall open more ponds which may exist in conjunction with such than 15 acres of land for purposes of excavation operations to keep them from becoming breeding for, or operation of, a gravel or sand mining pit at places for mosquitoes or otherwise creating an one time, and such excavation shall not be al- unhealthy condition. CD26:13 § 26-198 MUSKEGON CITY CODE (g) Certain access roads to be dustfree. Any ARTICLE IV. POINT-SOURCE roads used for the purpose of ingress and egress GROUNDWATER DISCHARGES* to an excavation site, and which are located within 300 feet of an occupied residence, shall be DIVISION 1. GENERALLY kept dustfree by hard topping with concrete, bituminous substance, chemical treatment or other approval means. Sec. 26-211. Definitions. (h) Landscaping of site. The site shall be so The following words, terms and phrases, when landscaped upon completion of each excavated or used in this article, shall have the meanings filled part of the site that all soil erosion by wind ascribed to them in this section, except where the and water will be eliminated. context clearly indicates a different meaning: (i) Use of prescribed route to move soil from Acceptable water quality means chemical or site. Vehicles transporting soil from an excavation biological content and the resulting quality of over the public streets of the city shall be driven water and effluent which meets or exceeds the directly over such route as may be prescribed by final effluent limitations for the discharge of treated the city engineer to be least dangerous to public groundwater and surface water discharge as al- safety, cause the least interference with general lowed by the state department of natural re- traffic and cause the least damage to the public sources, the United States Environmental Protec- streets. tion Agency, and other governmental agencies (j) Removal of spillage from streets. Any soil with authority. The city may enact by amendment that may be deposited on any public street or to this article additional and more stringent stan- place from any vehicle transporting the same dards whenever the need reasonably arises. from an excavation shall be immediately re- Purge well means a well used to pump or moved, in a manner satisfactory to the city engi- otherwise remove groundwater from below the neer, at the expense of the person to whom the land surface in an effort to control the movement permit to excavate was issued. of, or to clean, contaminated or polluted ground- (k) Additional standards. The city commission water. may require performance standards with regard Responsible person means a person who owns, to excavations, in addition to those prescribed in controls, occupies or regulates the premises, wher- this division, where, because of peculiar condi- ever located (including whether or not located tions, they are deemed necessary for the protec- tion of health, safety, morals, preservation of within the city limits of the city), upon which or natural resources and well-being of the citizens of from which a discharge regulated by this article the city. originates. (Code 1975, §§ 17-42—17-52; Code 2002, § 26-198) Storm drainage system means all pipes, con- duits, culverts, chambers or channels within the Secs. 26-199—26-210. Reserved. city used or installed for the purpose of control- ling surface stormwater runoff in the city from and including the city's rights-of-way, easements or public lands, or from other sources, whether or not within the city's boundaries. Stormwater or surface water runoff means wa- ter discharged to the storm drainage system as a result of rain, snow, or other precipitation. (Code 1975, § 24-202; Code 2002, § 26-211) *State law reference—Groundwater and freshwater pro- tection, MCL 324.8701 et seq. CD26:14 ENVIRONMENT § 26-232 Sec. 26-212. Policy and purposes. been issued a current permit which continues in force as required by this article and pays all fees The purpose of this article is to control and determined by resolution of the city commission regulate access to and use of the city stormwater and incurred by the person. This prohibition shall and surface water management system where it further extend to discharges from other sources is sought to be used for discharges from ground- identified by the city and added to this article and water purges and similar point-source discharges defined by amendment. to the system. The city commission intends to (Code 1975, § 24-203; Code 2002, § 26-231) establish with this article a uniform city policy addressing groundwater discharges which use the system and ensure that the quality of water Sec. 26-232. Application for permit. being discharged into the system and the water- A responsible person shall apply for a permit ways contiguous to the city is maintained at under this article. Such application shall be filed acceptable levels; protect the stormwater and with the city clerk and directed to the city's surface water drainage system; provide for ade- engineering department. The application shall quate drainage of the streets, rights-of-way and include at least the following: public areas of the city as a result of stormwater and surface water runoff; and to provide a source (1) A capacity analysis of the portion of the of revenue to meet the costs of maintenance and city's storm drainage system which will upgrading of the stormwater and surface water be used, over its entire length, including a drainage of the system as it is affected by point- statement of the available capacity for all source discharges covered by this article. The city purposes of the portion of the system to be commission intends that the city's first duty is to affected by the proposed discharge. The protect the existing stormwater and surface wa- analysis must be completed and certified ter drainage system from being inundated by by a registered professional engineer. flows not directly caused by stormwater runoff as (2) A narrative description of the following: defined in this article. The system must be rea- sonably able to accommodate the normal runoffs a. The reasons for and the operation of as well as excessive runoff caused by unusual the proposed groundwater purge. conditions of weather and natural accumulations b. The types and levels of pollutants of surface water and stormwater runoff. which are and will be included in the (Code 1975, § 24-201; Code 2002, § 26-212) groundwater to be extracted. c. The method of treatment of the Sec. 26-213. Municipal civil infraction. groundwater extracted, including a A person who violates any provisions of this description of the entire treatment article or who violates any permit issued pursu- system. ant to this article is responsible for a municipal d. The proposed acceptable water qual- civil infraction. ity of the water to be discharged into (Code 1975, § 24-211; Code 2002, § 26-213) the city's storm drainage system af- ter treatment, including the pro- Secs. 26-214—26-230. Reserved. posed maximum chemical and bio- logical content of the effluent. DIVISION 2. PERMIT FOR DISCHARGE e. The proposed maximum flow rate of FROM PURGE WELL the treated groundwater to be dis- charged to the city's system. Sec. 26-231. Prohibition. f. The commitment that the flow and No person shall cause or permit a discharge of maximum content of pollutants iden- groundwater from a purge well to enter the city's tified will not be exceeded at any storm drainage system unless the person has time. CD26:15 § 26-232 MUSKEGON CITY CODE g. A copy of all data and studies used or state for comprehensive public liability referred to by the applicant and the coverage in connection with the discharge, professional engineer, if requested naming the city as additional insured, by the city. with a 30-day cancellation notification requirement to the city. The minimum (3) The method, including the facilities to be coverages for such insurance shall be de- used and constructed by the applicant, termined by the city. Pollution coverage and the location of the proposed discharge naming the city as an additional insured into the city's storm drainage system; a may be required at the city's discretion. description of and commitment to the establishment of a sampling point to test (8) A performance bond adequate to cover water quality prior to entering the city's city costs for shutdown or repairs to city storm drainage system, a description of facilities caused by violation of this article all facilities and devices to be installed for or a permit, naming the city as the obligee sampling. of the bonds. (Code 1975, § 24-204; Code 2002, § 26-232) (4) A plan and commitment to terminate the discharge when surface water or Sec. 26-233. Review. stormwater runoff is too high, in the sole judgment of the city, to accommodate the The city shall review the permit application, applicant's discharge, or at such times as determine whether or not the application is com- the city determines that maintenance ac- plete, and once complete shall review such permit tivities at any place which require shut- application for the purpose of determining whether down of the applicable portion of the storm a permit shall be issued. drainage system is required. Further, the (Code 1975, § 24-205; Code 2002, § 26-233) applicant shall state procedures and pro- visions for routine testing of the shut- Sec. 26-234. Permits. down system for terminating the dis- charge. Plans for such discharge In the event the city determines that the ap- termination and for testing thereof shall plication meets the standards and requirements include a commitment and covenant by of this article, the city may issue a permit to the the applicant that city personnel may applicant. The permit shall include all provisions enter for the purpose of shutting down as of the application which are deemed acceptable by well as inspecting the system at reason- the city and shall, in addition, provide at least the following: able times determined by the city. (5) A provision for and commitment to sup- (1) A detailed plan of the facilities to be located at the discharge point, the route of plying to the city all reports for monitor- the proposed discharge in the city storm ing of the discharged water, together with drainage system, the facilities and the all other reports submitted to the state location at the designated monitoring lo- department of natural resources, the cation, together with any and all equip- United States Environmental Protection Agency or any other governmental entity ment specifications required by the city. This plan shall be submitted with, or as with authority. part of, the application, and must be ap- (6) A copy of the applicant's NPDES permit proved by the city. applicable to the discharge and any other (2) A provision for discharge system shut- permits required from any governmental down and termination which shall allow agency. the city to modify settings on any auto- (7) Certificates of insurance evidencing poli- matic shutoff devices, enter the premises cies issued by insurers acceptable to the for inspections and shutoff, and for the city and licensed to write policies in the provision of modifications to the equip- CD26:16 ENVIRONMENT § 26-236 ment and facilities as conditions warrant of any of its provisions or any provisions from time to time in the judgment of the of this article, or any other relevant law, city. ordinance, rule or regulation applicable to permittee's activities. (3) Requirements for periodic submission of monitoring reports, not less than (9) The permit shall contain an expiration quarterly. date reflecting the terms of permits set (4) Determination of the allowable discharge forth in this article. flows as to quantity and the acceptable (10) The permit shall include statements of water quality to be maintained. A provi- the penalties set forth in this article for sion allowing the city to install a meter noncompliance and shall consent to any or equipment to monitor discharge at and all injunctive relief by the city, neces- any time. If evidence or circumstances sary in the sole discretion of the city, to reasonably indicate that past discharges enforce this article. have been in excess of reported flows, the applicable fees may be charged. (11) The certificates of insurance and bonds (5) The name and address of the contact shall be attached and kept in force. person of the permit applicant, which Cancellation or failure of the insurance person shall have all authority necessary coverage or a bond shall result in immedi- to deal with the city under the permit. In ate cancellation of the permit and termina- the event the representative is found not tion of the discharge. to have such authority, the city may (Code 1975, § 24-206; Code 2002, § 26-234) immediately revoke the permit and terminate the discharge. Sec. 26-235. Term of permit. (6) Statement of the fees in itemized form as determined by the city, applying the most No permit shall be issued under this article recent city commission resolution regard- for a period longer than five years. A shorter ing fees. The statement shall provide permit period may be determined by the city, that fees for discharge shall be based on and, in such event, written reasons for the the maximum allowable discharge set shorter term shall be set forth in the permit or forth in the permit. attached thereto. (Code 1975, § 24-207; Code 2002, § 26-235) (7) The permit shall provide that the permit- tee shall indemnify and hold the city Sec. 26-236. Existing purge wells. harmless for any and all claims or demands resulting from permittee's activi- Existing purge wells discharging into the city's ties in constructing its facilities, monitor- storm drainage system as of December 31, 1992, ing the flow and acceptable water quality, may continue to so discharge without a permit the use of and discharge to the city's until December 31, 1995; provided that the storm drainage system and the discharge responsible persons apply for a permit no later of the permittee's flow to any surface than January 1, 1995. In the event the discharge water or groundwater. The obligations rate of the existing discharge is increased, the shall include reimbursement to or pay- point of discharge is altered, or a complete ment of all claims, expenses, attorney application is not timely received, then the right fees, laboratory and consultant fees, and to continue discharging into the city's storm any other costs in connection with any drainage system shall immediately cease and no such claim or demand. further discharge shall occur until a permit is (8) The permit shall contain provisions for issued under this article. cancellation in the event of the violation (Code 1975, § 24-208; Code 2002, § 26-236) Supp. No. 12 CD26:17 § 26-237 MUSKEGON CITY CODE Sec. 26-237. Capacity of system; proposed ARTICLE VI. FLOODPLAIN changes. MANAGEMENT If capacity for applicant's proposed discharge is unavailable, the applicant may propose to Sec. 26-401. Agency designated. increase the capacity of the city's storm drainage Pursuant to the provisions of the state construc- system facilities needed to accommodate the tion code, in accordance with section 8b(6) of Act proposed discharge. Such proposal shall seek an 230, of the Public Acts of 1972, as amended, the agreement with the city to be approved and planning department of the City of Muskegon is executed by the mayor and clerk after city hereby designated as the enforcing agency to commission approval and shall further provide discharge the responsibility of the City of Mus- that the installations and facilities shall be kegon under Act 230, of the Public Acts of 1972, constructed at the sole expense of the applicant. as amended, State of Michigan. The City of The planning and construction of the modifica- Muskegon assumes responsibility for the tions shall be approved before commencing and administration and enforcement of said Act completed to the city's satisfaction before any through out the corporate limits of the com- permit may be issued, and any improvements or munity adopting this ordinance. altered facilities constructed or installed by the (Ord. No. 2343, § 401, 6-9-2015) applicant shall immediately be the property of the city. The applicant shall fully protect and indemnify the city against any claims or demands Sec. 26-402. Code appendix enforced. resulting from the construction or installation of such facilities and shall protect the city against Pursuant to the provisions of the state construc- any liens which may be sought to attach to the tion code, in accordance with section 8b(6) of Act facilities. The city may require that the improve- 230, of the Public Acts of 1972, as amended, ment or repair be designed, contracted, bid and Appendix G of the Michigan Building Code shall constructed by it at applicant's cost. In any be enforced by the enforcing agency within the event, all contracts for construction shall include jurisdiction of the community adopting this article. a one-year warranty and shall include insurance (Ord. No. 2343, § 402, 6-9-2015) bonds and nondiscrimination commitments by the contractor complying with city standards. Sec. 26-403. Designation of regulated (Code 1975, § 24-209; Code 2002, § 26-237) floodprone hazard areas. Sec. 26-238. Other laws. The flood insurance study for Muskegon County. All Jurisdictions, effective October 7, 2021 and The applicant shall, in addition to complying the flood insurance rate map (FIRM) panels: with this article, comply with and fully obey all 26121CIND0B, 26121C0144E, 26121C0163E, other laws, statutes, ordinances, rules and regula- 26121C0164E, 26121C0251E, 26121C0252E, tions of any governmental entity with authority. 26121C0254E, 26121C0256E, 26121C0257E, (Code 1975, § 24-210; Code 2002, § 26-238) 26121C0258E, 26121C0259E, 26121C0276E, 26121C0278E, 26121C0279E, effective October Secs. 26-239—26-299. Reserved. 7, 2021 and 26121C0165D, 26121C0277D, 26121C0285D, effective July 6, 2015 are adopted by reference for the purposes of administration ARTICLE V. RESERVED* of the Michigan Construction Code and declared to be a part of section 1612.3 of the Michigan Secs. 26-300—26—400. Reserved. Building Code, and to provide the content of the "flood hazards" section of table R301.2(1) of the *Editor’s note—Ord. No. 2471, § 1, adopted Oct. 25, 2022, repealed the former Art. V, §§ 26-300—26-321 which Michigan Residential Code. pertained to stormwater management and derived from Ord. (Ord. No. 2343, § 403, 6-9-2015; Ord. No. 2458, No. 2135, §§ 26-300—26-321, adopted June 8, 2004. 9-28-2021) Supp. No. 12 CD26:18 ENVIRONMENT § 26-500 Sec. 26-404. Repeals. City means the City of Muskegon, Michigan, acting by and through its department of public All ordinances inconsistent with the provi- works for the purposes of the article, unless the sions of this article are hereby repealed. context refers to the City of Muskegon as a (Ord. No. 2343, § 404, 6-9-2015) whole. Sec. 26-405. Publication. City stormwater standards means the most current version of the City of Muskegon Storm- This article shall be effective after legal publica- water Management Standards published pursu- tion and in accordance with the provisions of the ant to this article. act governing same. (Ord. No. 2343, § 405, 6-9-2015) Clean water act means the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as Secs. 26-406—26—499. Reserved. amended, and the applicable regulations promulgated thereunder. ARTICLE VII. STORMWATER Construction site stormwater runoff means MANAGEMENT* stormwater runoff from a development site fol- lowing an earth change. DIVISION 1. GENERALLY County enforcing agency means a county agency or a conservation district designated by a county Sec. 26-500. Definitions. board of commissioners under Section 9105 of Part 91, Soil Erosion and Sedimentation Control, The following words, terms, and phrases, when of the Natural Resource and Environmental used in this article, shall have the meanings Protection Act, Public Act 451 of 1994 (MCL ascribed to them in this section, except where 324.9101 et seq.). the context clearly indicates a different meaning: Authorized enforcement agency means the direc- Design engineer means a registered and licensed tor of the department of public works or the professional engineer in the state responsible for director's designees. the design of a drainage plan. Base flood means the 100-year flood with a Detention means a system that is designed to magnitude which has a one percent chance of capture stormwater and release it over a given occurring or being exceeded in any given year. period of time through an outlet structure at a controlled rate. Best management practices (BMPs) means a practice, or combination of practices and design Developed or development means the installa- criteria, to minimize stormwater runoff and tion or construction of impervious surfaces on a prevent the discharge of pollutants into storm- development site that require, pursuant to state water discharged from a site and designed in law or local ordinance, the city's approval of a accordance with the city's stormwater manage- site plan, plat, site condominium, special land ment standards. use, planned unit development, rezoning of land, land division approval, private road approval or Building opening means any opening of a other approvals required for the development of solid wall such as a window or door, through land or the erection of buildings or structures. which floodwaters could penetrate. Developer means any person proposing or *Editor’s note—Ord. No. 2471, § 2, adopted Oct. 25, 2022, enacted provisions intended for use as Art. V, §§ 26- implementing the development of land. 500—26-585. In order to codify the sections as numbered on the ordinance, and to maintain the numerical order of Development site means any land that is being articles in this chapter, said provisions have been included or has been developed, or that a developer herein as Art. VII. proposes for development. Supp. No. 12 CD26:19 § 26-500 MUSKEGON CITY CODE Discharger means any person or entity who Exempted discharges means discharges other directly or indirectly discharges stormwater from than stormwater as specified in section 26-537. any property. The term "discharger" also means any employee, officer, director, partner, contrac- Federal Emergency Management Agency tor, or other person who participates in, or is (FEMA) means the agency of the federal govern- legally or factually responsible for, any act or ment charged with emergency management. omission which is or results in a violation of this Flood or flooding means a general and article. temporary condition of partial or complete inunda- Drain means any drain as defined in the tion of normally dry land areas resulting from Michigan Drain Code of 1956, Public Act 40 of the overflow of water bodies or the unusual and 1956 (MCL 280.1 et seq.), other than an rapid accumulation of surface water runoff from established county or intercounty drain. any source. Flood protection elevation means the base Drainage means the collection, conveyance, or flood elevation plus one foot at any given loca- discharge of groundwater and/or surface water. tion. Drainage plan. See "plan." Floodplain means the area of land adjoining Drainageway means the area within which any watercourse or waterbody that will be surface water or groundwater is carried from one inundated by the base flood. part of a lot or parcel to another part of the lot or Floodproofing means any structural and/or parcel or to adjacent land. nonstructural additions, changes, or adjust- ments to structures or property that reduce or Drain commissioner or water resources com- eliminate flood damage to land or improvements, missioner means the county agency charged with including utilities and other structures. the management of county and intercounty drains established pursuant to the Michigan Drain Floodway means the channel of any watercourse Code of 1956, Public Act 40 of 1956 (MCL 280.1 and the adjacent land areas that must be reserved et seq.), and responsible for site plan drainage to carry and discharge a base flood without review pursuant to the Land Division Act, Public cumulatively increasing the water surface eleva- Act 288 of 1967, as amended by Public Act 591 of tion more than one-tenth of a foot due to the loss 1996 (MCL 560.101 et seq.), and the Mobile of flood conveyance or storage. Home Commission Act, Public Act 96, of 1987 (MCL 125.2301 et seq.). Grading means any stripping, clearing, stump- ing, excavating, filling, leveling or stock-piling of Earth change means a human made change in soil or any combination thereof and the land in the natural cover or topography of land, includ- its excavated or filled condition. ing cut and fill activities. The term "earth change" includes, but is not limited to, any excavating, Hazardous materials means any material, surface grading, filling, landscaping, or removal including any substance, waste, or combination of vegetative roots. The term "earth change" thereof, which, because of its quantity, concentra- does not include the practice of plowing and tion, or physical, chemical, or infectious tilling soil for the purpose of crop production. characteristics, may cause, or significantly contribute to, a substantial present or potential United States Environmental Protection Agency hazard to human health, safety, property, or the (EPA) means the agency of the federal govern- environment when improperly treated, stored, ment charged with environmental protection. transported, disposed of, or otherwise managed. Erosion means the process by which the ground Illicit connection means any method or means surface is worn away by action of wind, water, for conveying an illicit discharge into water gravity, or a combination thereof. bodies or the city's stormwater drainage system. Supp. No. 12 CD26:20 ENVIRONMENT § 26-500 Illicit discharge means any discharge to the supporting calculations, operating procedures, city's stormwater drainage system or water bodies or any combination of these, which contain that does not consist entirely of stormwater, information pursuant to this article. discharges pursuant to the terms of an NPDES permit, or exempted discharges as defined in Pollutant means a substance discharged which this article. includes, but is not limited to, the following: any dredged spoil, solid waste, vehicle fluids, yard Impervious surface means a surface, such as a wastes, animal wastes, agricultural waste paved or gravel driveway, roof, parking area or products, sediment, incinerator residue, sewage, road, that prevents the infiltration of water into garbage, sewage sludge, munitions, chemical the soil. wastes, biological wastes, radioactive materials, Livestock production facility means an heat, wrecked or discharged equipment, rock, agricultural activity, in which 100 or more sand, cellar dirt, and industrial, municipal, com- livestock are fed, bred and/or raised within a mercial and agricultural waste, or any other confined area, other than an open pasture either contaminant or other substance defined as a inside or outside an enclosed building. pollutant under the Clean Water Act. Lowest floor means the lowest floor or the Premises means any building, lot, parcel of lowest enclosed area, including a basement, but land, or portion of land, whether improved or not including an unfinished or flood-resistant unimproved, including adjacent sidewalks and enclosure which is usable solely for parking of parking strips. vehicles or building access. Property owner means any person having legal Michigan Department of Environment, Great or equitable title to property or any person Lakes, and Energy (EGLE) means the state having or exercising care, custody, or control department charged with protection of the over any property. environment. Previously known as Michigan Department of Environmental Quality (MDEQ). Redevelopment. Redevelopment projects are Municipal separate storm sewer system (MS4) those that change the existing site footprint or means a publicly-owned conveyance system offer new opportunities for stormwater control. designed or used for collecting or conveying Projects that do not disturb the underlying or stormwater. (May also be referred to as "storm- surrounding soil, remove surrounding vegeta- water drainage system"). tion, or increase the area of impervious surface are not considered redevelopment projects. For National Pollutant Discharge Elimination roadway projects, reconstruction of the subbase System (NPDES) Stormwater Discharge Permit is considered redevelopment, whereas an overlay means a permit issued by EPA, or by a state of the pavement surface is not. under authority delegated pursuant to 33 U.S.C. § 1342(b), that authorizes the discharge of pol- Retention means a system which is designed lutants to waters of the United States. The to capture stormwater and contain it until it permit may be applicable on an individual, group, infiltrates the soil or evaporates. or general area-wide basis. Soil erosion means the stripping of soil and Non-stormwater discharge means any discharge weathered rock from land creating sediment for to the stormwater drainage system that is not transportation by water, wind or ice, and enabling composed entirely of stormwater. formation of new sedimentary deposits. Overland flow-way means surface area that conveys a concentrated flow of stormwater runoff. State water quality standards means all applicable state rules, regulations, and laws Plan means written narratives, specifications, pertaining to water quality, including the provi- drawings, sketches, maps, written standards, sions of Section 3106 of Part 31, Water Resources Supp. No. 12 CD26:21 § 26-500 MUSKEGON CITY CODE Protection, of the Natural Resources and Watershed means a region draining into a Environmental Protection Act, Public Act 451 of water body. 1994 (MCL 324.3106). Wetlands means land characterized by the Storm drain means any portion of the storm- presence of hydric soils and water at a frequency water drainage system, including any natural and duration sufficient to support wetland vegeta- outlet, which carries storm and surface waters tion or aquatic life. and drainage or unpolluted industrial process (Ord. No. 2471, § 2, 10-25-2022) water, such as permitted by section 26-537. (May also be referred to as "storm sewer"). Sec. 26-501. Statutory authority and title. Stormwater management facility means the This article (article VII of chapter 26 of the method, structure, area, system, or other equip- City Code of Ordinances) is adopted in accordance ment or measures which are designed to receive, with the Home Rule City Act, as amended, control, store, or convey stormwater. Public Act 279 of 1909 (MCL 117.1 et seq.); the Stormwater management system means all of Michigan Drain Code of 1956, Public Act 40 of the stormwater management facilities used on a 1956 (MCL 280.1 et seq.); the Land Division Act, site. Public Act 288 of 1967 (MCL 560.101 et seq.); the Revenue Bond Act, Public Act 94 of 1933 (MCL Stormwater permit means a permit issued by 141.101 et seq.); and the Natural Resources and the city pursuant to this article. Environmental Protection Act, Public Act 451 of 1994 (MCL 324.101 et seq.); Section 401(p) of the Stormwater review and approval means review Federal Water Pollution Control Act (also known and approval of a site stormwater management as the Clean Water Act), as amended (33 U.S.C. system conducted by the city pursuant to state § 1342(p) and 40 CFR 9, 122, 123 and 124); and law. other applicable state and federal laws. Stormwater pollution prevention plan (SWPP) means a document which describes the best This article shall be known and may be cited management practices and activities to be as the City of Muskegon Stormwater Manage- implemented by a person to identify sources of ment Ordinance. pollution or contamination at a site and the (Ord. No. 2471, § 2, 10-25-2022) actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, Sec. 26-502. Findings. and/or receiving waters to the maximum extent practicable. The city finds that: Stormwater runoff means the runoff and drain- 1. Water bodies, roadways, structures, and age of precipitation resulting from rainfall or other property within, and downstream snowmelt or other natural event or process. of the city are at times subjected to flooding; Stream means a river, stream or creek which may or may not be serving as a drain, or any 2. Flooding is a danger to the lives and other water body that has definite banks, a bed, property of the public and is also a and visible evidence of a continued flow or danger to the natural resources of the continued occurrence of water. city and the region; Wastewater means any water or other liquid, 3. Land development alters the hydrologic other than uncontaminated stormwater, response of watersheds, which may result discharged from a facility. in increased stormwater runoff rates and volumes, increased flooding, increased Water body means a river, lake, stream, creek stream channel erosion, and increased or other watercourse or wetlands. sediment transport and deposition; Supp. No. 12 CD26:22 ENVIRONMENT § 26-503 4. Stormwater runoff produced by land 13. Illicit discharges enter the MS4 through development may contribute to increased either direct connections (e.g., wastewater quantities of waterborne pollutants; piping either mistakenly or deliberately Increases of stormwater runoff, soil ero- connected to the storm drains) or indirect sion, and nonpoint source pollution may connections (e.g., infiltration into the have occurred as a result of land develop- stormwater drainage system or spills ment, and may cause deterioration of the connected by drain inlets); water resources of the city and 14. Establishing the measures for control- downstream municipalities; ling illicit discharges and connections 5. Stormwater runoff, soil erosion, and non- contained in this article and implement- point source pollution, may have resulted ing the same will address many of the in a deterioration of the water resources deleterious effects of illicit discharges. of the city and downstream municipali- (Ord. No. 2471, § 2, 10-25-2022) ties; 6. Increased stormwater runoff rates and Sec. 26-503. Purpose. volumes, and the sediments and pollut- It is the purpose of this article to establish ants associated with stormwater runoff, minimum stormwater management require- absent reasonable regulation and control, ments and controls to accomplish, among others, can adversely affect the city's water bodies the following objectives: and water resources, and those of downstream municipalities; 1. To reduce artificially induced flood 7. Stormwater runoff, soil erosion, and non- damage; point-source pollution can be controlled 2. To minimize increased stormwater runoff and minimized by the regulation of storm- rates and volumes from identified new water runoff from development; land development; 8. Post-Construction Storm Water Runoff 3. To minimize the deterioration of existing Program requirements for new and watercourses, culverts and bridges, and redevelopments within the city are set other structures; forth in the State of Michigan National Pollutant Discharge Elimination System 4. To encourage water recharge into the Permit Application for Discharge of Storm ground where geologically favorable condi- Water to Surface Waters of the State tions exist; from a Municipal Separate Storm Sewer 5. To prevent an increase in nonpoint source System (DEQ, 2013 Rev. 10/2014); pollution; 9. Adopting the standards, criteria and procedures contained in this article and 6. To maintain the integrity of stream chan- implementing the same can address many nels for their biological functions, as well of the deleterious effects of stormwater as for drainage and other purposes; runoff; 7. To minimize the impact of development 10. Adopting these standards is necessary upon stream bank and streambed stabil- for the preservation of the public health, ity; safety and welfare; 8. To reduce erosion from development or 11. Adopting these standards is necessary to construction projects; comply with the NPDES MS4 Permit; 9. To preserve and protect water supply 12. Illicit discharges may contain pollutants facilities and water resources by means that can significantly degrade the city's of controlling increased flood discharges, water bodies and water resources; stream erosion, and runoff pollution; Supp. No. 12 CD26:23 § 26-503 MUSKEGON CITY CODE 10. To reduce stormwater runoff rates and exceeding 10,000 square feet; provided, volumes, soil erosion, and nonpoint source however, that this article shall not apply pollution, wherever practicable, from lands to the following: that were developed without stormwater i. The construction of, or addition, management controls meeting the extension or modification to, an purposes and standards of this article; individual single family or a two- 11. To reduce the adverse impact of changing family detached dwelling; the land use along water bodies and, to ii. Street and utility projects that do that end, this article establishes minimum not modify the footprint of the street standards to protect water bodies from of increase impervious area within degradation resulting from changing land the public right-of-way. use where there are insufficient storm- water management controls; iii. Non-motorized improvements (sidewalk, pathway) within public 12. To regulate the contribution of pollut- rights- of-way that disturb less than ants to the MS4 by stormwater discharges one acre; by any user; iv. The installation or removal of 13. To prohibit illicit discharges and connec- individual mobile homes within a tion to the MS4; mobile home park. This exemption 14. To establish legal authority to carry out shall not be construed to apply to all inspection, surveillance, monitoring the construction, expansion, or and enforcement procedures necessary to modification of a mobile home park; ensure compliance with this article. v. Farm operations and buildings, (Ord. No. 2471, § 2, 10-25-2022) except dwellings, directly related to farm operations. This exemption Sec. 26-504. Applicability, exemptions, and shall not apply to livestock produc- general provisions. tion facilities as defined in this article, greenhouses and other 1. This article shall apply to all new develop- similar structures; ment and all redevelopment projects, including private, commercial and public projects that vi. Plats with preliminary plat approval disturb one acre or more, and projects less than and other developments with final one acre that are part of a larger common plan of land use approval prior to the effec- development or sale that would disturb one acre tive date of this article, where such or more as required by the NPDES MS4 Permit. approvals remain in effect. 2. Further, this article shall apply to any 3. Redevelopment and additions requiring a development or redevelopment site which: stormwater permit shall comply with city storm- water management standards for the redeveloped a) Requires approval of a plat under chapter or newly constructed portion of the site, except 78; that the city reserves the right to require the b) Requires approval of a site plan under entire site be brought up to the current standards. chapter 26, a building permit, or any The city also reserves the right to define the last other permit for work which will alter land use for a redevelopment site as the interim stormwater drainage characteristics of vacant condition. the site; 4. This article shall apply to all discharges c) Is exempt from site plan and permit entering the stormwater drainage system gener- approval, but work will alter stormwater ated on any developed and undeveloped lands drainage characteristics of the site, and unless explicitly exempted. there is an increase in impervious surface (Ord. No. 2471, § 2, 10-25-2022) Supp. No. 12 CD26:24 ENVIRONMENT § 26-512 Secs. 26-505—26-510. Reserved. performance and design standards as set forth in division 8 of this article. DIVISION 2. STORMWATER PERMIT c) The developer has submitted restrictive Sec. 26-511. Permit required. covenant language for review and subsequent recording at the county 1. A developer shall not engage in any develop- register of deeds, if required for the ment without first receiving a stormwater permit development. from the city pursuant to this article via the city's site plan approval process contained in the d) Written construction plan approval zoning regulations in chapter 26. obtained from the county drain or water resources commissioner, or intercounty 2. The granting of a stormwater permit shall drainage board, if required. authorize only such development for which the permit is issued, subject to the terms of the e) The developer has paid or deposited the permit, and it shall not be deemed to approve stormwater permit review fee pursuant other development or other land use activities or to this article. replace other required permits. (Ord. No. 2471, § 2, 10-25-2022) f) The developer has paid or posted the applicable financial guaranty pursuant Sec. 26-512. Review procedures. to this article. 1. The city shall grant a stormwater permit g) The developer provides all easements after approval of the site plan (chapter 26) and necessary to implement the approved before issuance of a building permit[s], and may drainage plan and to otherwise comply impose terms and conditions in accordance with with this article, including, but not limited this article, only upon compliance with all of the to, this division. All easements shall be following requirements: acceptable to the city in form and substance and shall be recorded with the a) Completed stormwater permit applica- county register of deeds. tion form. h) The developer provides the required b) The developer has submitted a drainage maintenance agreement for routine, plan for the site complying with section emergency, and long-term maintenance 26-513 for the approval of post-construc- of all structural and vegetative BMPs tion stormwater runoff BMPs. installed and implemented to meet the i. The drainage plan contains a descrip- performance standards. This agreement tion of an adequate, temporary shall be in compliance with the approved stormwater management facilities drainage plan and this article including, to control construction site stormwa- but not limited to, this article. ter runoff and prevent offsite i. The maintenance agreement shall sedimentation, satisfying the be acceptable to the city in form and requirements of this article, and the substance and shall be subsequently developer has obtained a soil ero- recorded with the county register of sion permit from the county enforc- deeds. ing agency, if necessary. ii. The drainage plan contains 2. Limitations of review. The city will review permanent onsite stormwater private developments for offsite impact, but will management facilities complying not review the internal storm sewer and drain- with the city's stormwater manage- age system for the site. ment standards, and the (Ord. No. 2471, § 2, 10-25-2022) Supp. No. 12 CD26:25 § 26-513 MUSKEGON CITY CODE Sec. 26-513. Drainage plan. deposit with the city, as an escrow deposit, an initial amount as determined by resolution of the A preliminary drainage plan meeting the city commission for such matters and shall provide requirements of this article shall be included on additional amounts as requested by the city in the site plan submitted to the city for site and such increments as are specified in said resolu- development plan review. The drainage plan tion. Any excess funds remaining in the escrow submitted for stormwater permit review shall be account after the application has been fully shown on the approved site plan if planning processed, reviewed, and the final city approval commission or administrative staff review is and acceptance of the development has occurred required, or on a site plan meeting the require- will be refunded to the developer with no inter- ments in the city stormwater standards. The est to be paid on those funds. At no time prior to drainage plan shall identify and contain all of the city's final decision on an application shall the information required in the city stormwater the balance in the escrow account fall below the standards. required initial amount. If the funds in the (Ord. No. 2471, § 2, 10-25-2022) account are reduced to less than the required initial amount, the developer shall deposit into Sec. 26-514. Review fees; escrow. the account an additional amount as determined 1. All expenses and costs incurred by the city by city commission resolution, before the applica- directly associated with processing, reviewing tion review process will be continued. Additional and approving or denying a stormwater permit amounts may be required to be placed in the application shall be paid or reimbursed to the escrow account by the developer, at the discre- city from the funds paid directly to the city. The tion of the city. city reserves the right to request a separate (Ord. No. 2471, § 2, 10-25-2022) escrow account be established by the developer, as provided in subsection (b) of this section. The Sec. 26-515. Financial guaranty. city may draw funds from a developer's escrow 1. The city shall not approve a stormwater account to reimburse the city for out-of-pocket permit until the developer submits to the city, in expenses incurred by the city relating to the a form and amount satisfactory to the city, a application. Such reimbursable expenses include, letter of credit or other financial guaranty for the but are not limited to, expenses related to the timely and satisfactory construction of all storm- following: water management facilities and site grading in a. Services of the city attorney directly accordance with the approved drainage plan. related to the application. Upon (l) certification by a registered professional engineer that the stormwater management facili- b. Services of the city engineer directly ties have been completed in accordance with the related to the application. approved drainage plan, and (2) receipt of c. Services of other independent contrac- construction record drawings for all private drain- tors working for the city, which are directly age systems meeting the minimum require- related to the application. ments of the city stormwater standards, the city may release the letter of credit or other financial d. Review required by county drain or water guaranty, subject to final city acceptance and resources commissioner. approval. e. Any additional public hearings required mailings and legal notice requirements 2. The amount of the financial guaranty shall necessitated by the application. be in accordance with the city's adopted fee structure, unless the city determines that a 2. At the time a developer applies for a storm- greater amount is appropriate, in which case the water permit, the developer shall pay the required basis for such determination shall be provided to fees established by the city for a stormwater the developer in writing. In determining whether permit. The developer may also be required to an amount greater is appropriate, the city shall Supp. No. 12 CD26:26 ENVIRONMENT § 26-528 consider the size and type of the development, 2. Approval of the stormwater management the size and type of the on-site stormwater system is considered to be granted by the city management system, and the nature of the upon issuance of a stormwater permit, unless off-site stormwater management facilities the authorization is required to be granted by the development will utilize. county drain or water resources commissioner under state law and this approval has not been 3. This article shall not be construed or offered. interpreted as relieving a developer of its obliga- (Ord. No. 2471, § 2, 10-25-2022) tion to pay all costs associated with onsite private stormwater runoff facilities as well as Secs. 26-519—26-525. Reserved. those costs arising from the need to make other drainage improvements in order to reduce a development's impact on a drain consistent with DIVISION 3. STORMWATER MANAGEMENT city stormwater standards. SYSTEM, PROTECTION AND OTHER (Ord. No. 2471, § 2, 10-25-2022) STANDARDS, SOIL EROSION CONTROL Sec. 26-516. Certificate of occupancy. Sec. 26-526. Responsibility for stormwater management system. No certificate of occupancy shall be issued until a stormwater permit has been issued and 1. The city is not responsible for providing stormwater management facilities have been drainage facilities on private property for the completed in accordance with the approved drain- management of stormwater on such property. It age plan and all applicable restrictive covenants, shall be the responsibility of the property owner construction record drawings have been submit- to provide for, and maintain, private stormwater ted and approved, and until the executed management facilities serving the property and maintenance agreement is recorded with the to county register of deeds; provided, however, the 2. Prevent and correct any conditions interfer- city may issue a temporary certificate of occupancy ing with, or impeding, the management of storm- if an acceptable letter of credit or other financial water, including the accumulation of debris that guaranty has been submitted to the city. interferes with the drainage function of a water (Ord. No. 2471, § 2, 10-25-2022) body. 3. Existing sites found to be in violation of Sec. 26-517. No change in approved facili- this article shall be subject to enforcement as ties. outlined in division 6 of this article. Stormwater management facilities, after (Ord. No. 2471, § 2, 10-25-2022) construction and approval, shall be maintained in good condition, in accordance with the approved Sec. 26-527. Stormwater management drainage plan, and shall not be subsequently system. altered, revised or replaced except in accordance All stormwater management facilities shall be with the approved drainage plan, or in accordance constructed and maintained in accordance with with approved amendments or revisions in the all applicable federal, state and local ordinances, plan. and rules and regulations. (Ord. No. 2471, § 2, 10-25-2022) (Ord. No. 2471, § 2, 10-25-2022) Sec. 26-518. Terms and conditions. Sec. 26-528. Public health, safety and welfare. 1. In granting a stormwater permit, the city may impose such terms and conditions as are Protection of the public health, safety and reasonably necessary to effectuate the purposes welfare shall be a primary consideration in the of this article. A developer shall comply with design of all stormwater management facilities. such terms and conditions. (Ord. No. 2471, § 2, 10-25-2022) Supp. No. 12 CD26:27 § 26-529 MUSKEGON CITY CODE Sec. 26-529. Protection of environmentally resources commissioner has specified a sensitive areas. minimum building opening at the time of plat or development approval, or if 1. Environmentally sensitive areas shall be construction occurs within the 100-year identified on the site plan with measures shown floodplain pursuant to chapter 26—article for protection of these areas as defined and in VI and section 2323 of the city's zoning accordance with the city's stormwater manage- ordinance upon completion of construc- ment standards. tion of the structure's foundation and/or 2. The city may include provisions for the slab on grade, a registered land surveyor acceptable replacement of floodplain storage shall certify any minimum building open- volume, where such storage volume is lost or ing elevation specified by this article. diminished as a result of approved development. This certificate shall attest that the build- (Ord. No. 2471, § 2, 10-25-2022) ing opening elevation complies with the standards of this article. The permittee Sec. 26-530. Flood protection and building for the building permit shall submit the openings. certificate to the city building inspec- tions official prior to the commencement 1. All new buildings and substantial improve- of framing and/or structural steel place- ments to existing buildings shall be protected ment. If the surveyor should find that from flood damage up to the flood protection the minimum building opening elevation elevation and shall be in accordance with all is below the elevation specified in subsec- applicable federal, state and city ordinances tion (a) of this section, that opening must (chapter 26—article VI and section 2323 of the be raised using a method that meets with City of Muskegon Zoning Ordinance—Flood the approval of the city. After reconstruc- Hazard Areas). tion, a registered land surveyor or a. Additionally, the lowest floor shall not be engineer shall recertify that the minimum constructed below the following eleva- building opening elevation complies with tions: the standards of this Article prior to the commencement of framing and/or i. One foot above the design high water structural steel placement level of stormwater management facilities. 5.Waiver of land survey. The city building inspection official may grant a waiver of ii. Two feet above the highest known the required land survey under subsec- groundwater elevation. tion (c) of this section if the minimum 2. The lowest floor elevation established at building opening appears to be at or the time of plat or development approval above the elevation of adjacent buildings and on file in the city and/or county drain that have already been certified, or if a or water resources commissioner. grade map shows that the low opening 3. A waiver from elevations stated in subsec- elevation of the building is at least three tion (a) of this section may be granted by feet higher than the minimum building the city following receipt of a certifica- opening established pursuant to subsec- tion from a registered professional tion (a) of this section. engineer demonstrating that the proposed (Ord. No. 2471, § 2, 10-25-2022) elevation does not pose a risk of flooding. Floodproofing measures must be in Sec. 26-531. Soil erosion and sedimenta- accordance with FEMA Technical Bul- tion control. letins and Michigan Building Codes. 1. All persons who cause, in whole or in part, 4. Land survey and elevation certificate. If any earth change to occur shall provide soil the city and/or county drain or water erosion and sedimentation control so as to Supp. No. 12 CD26:28 ENVIRONMENT § 26-536 adequately prevent soils from being eroded and ing, but not limited to, measures required discharged or deposited onto adjacent properties for compliance with the terms of this or into a stormwater drainage system, a public article. street or right-of-way, wetland, creek, stream, f. Promptly remove all soil, sediment, debris, water body, or floodplain. or other materials applied, dumped, 2. Prior to making any earth change on a tracked, or otherwise deposited on any development site regulated by this article, the lands, public streets, sidewalks, or other property owner or developer shall first obtain a public ways or facilities, including catch soil erosion and sedimentation control permit basins, storm sewers, ditches, drainage from the County Enforcing Agency issued in swales, or water bodies. Removal of all accordance with Part 91 of Public Act 451 of 1994 such soil, sediment, debris or other materi- (MCL 324.9101 et seq.), if one is required. als within 24 hours shall be considered prima facie compliance with this require- 3. A soil erosion and sedimentation control ment, unless such materials present an permit is required for any earth change that is immediate hazard to public health and greater than one acre or less than 500 feet from safety. any lake or stream. Permits are obtained from g.Refrain from grading lands at locations the county enforcing agency. near or adjoining lands, public streets, sidewalks, alleys, or other public or private 4. The property owner and other persons property without providing adequate sup- causing or participating in the earth change port or other measures so as to protect shall comply with the terms of the soil erosion such other lands, streets, sidewalks or and sedimentation control permit. other property from settling, cracking or 5. During earth change activities on the sustaining other damage. development site, the city engineer may inspect (Ord. No. 2471, § 2, 10-25-2022) the site to ensure compliance with the approved construction site runoff controls. Secs. 26-532—26-535. Reserved. 6. During any earth change which exposes soil to an increased risk of erosion or sediment DIVISION 4. PROHIBITIONS AND tracking, the property owner and other persons EXEMPTIONS causing or participating in the earth change shall do the following: Sec. 26-536. Prohibited discharges. a. Comply with the stormwater manage- 1. Prohibition of illicit discharges. ment standards of this article. a. No person shall discharge or cause to be discharged into the city's stormwater b. Prevent damage to any public utilities or drainage system or waterbodies any services within the limits of grading and materials, including, but not limited to, within any routes of travel or areas of pollutants or waters containing any pol- work of construction equipment. lutants, other than stormwater, or an c. Prevent damage to or impairment of any exempted discharge pursuant to sections water body on or near the location of the 26-537, or discharges specified in writing earth change or affected thereby. by the authorized enforcement agency as being necessary to protect public health d. Prevent damage to adjacent or nearby and safety. land. b. The city is authorized to require discharg- e. Maintain all required soil erosion and ers to implement pollution prevention sedimentation control measures, includ- measures, utilizing BMPs, necessary to Supp. No. 12 CD26:29 § 26-536 MUSKEGON CITY CODE prevent or reduce the discharge of pollut- 14. Discharges for which a specific federal or ants into the city's stormwater drainage state permit has been issued. system. (Ord. No. 2471, § 2, 10-25-2022) 2. Prohibition of illicit connections. Sec. 26-538. Interference with natural or a. The construction, use, maintenance or artificial drains. continued existence of illicit connections 1. It shall be unlawful for any person to stop, to the stormwater drainage system is fill, dam, confine, pave, alter the course of, or prohibited. otherwise interfere with, any natural or b. This prohibition expressly includes, constructed drain or drainageway without first without limitation, illicit connections made submitting a drainage plan to the city and in the past, regardless of whether the receiving approval of that plan. Any deviation connection was permissible under law or from the approved plan is a violation of this practices applicable or prevailing at the article. This section shall not prohibit, however, time of connection. necessary emergency action so as to prevent or mitigate drainage that would be injurious to the c. A person is considered to be in violation environment or the public health, safety, or of this article if the person connects a welfare. When any of the activities mentioned in line conveying wastewater to the MS4 or this section involves an established county drain, allows such a connection to continue. a drain use permit is required from the county (Ord. No. 2471, § 2, 10-25-2022) drain or water resources commissioner. Sec. 26-537. Exempted discharges. 2. No filling, blocking, fencing or above- surface vegetation planting shall take place within The following non-stormwater discharges shall a floodplain/floodway. be permissible, provided that they do not result in a violation of state water quality standards or 3. For an overland flow-way: section 26-536: a. Silt fence shall not be permitted below 1. Water supply line flushing; the top of the bank of a water body. b. Chain-link fences may be permitted if 2. Landscape irrigation; the city determines that the fence will 3. Diverted stream flows; not obstruct or divert the flow of water. 4. Rising groundwater; c. If a fence is removed by the city or the county drain or water resources commis- 5. Uncontaminated groundwater infiltra- sioner for drain access or drain tion to storm drains; maintenance, the fence may be replaced 6. Uncontaminated pumped groundwater; by the owner of the fence at the owner's expense. 7. Discharges from potable water sources; d. No shrubs or trees shall be planted below 8. Foundation drains; the top of the bank of a water body, or 9. Air conditioning condensate; within an easement for a waterway (for example, a backyard swale). 10. Individual residential car washing; 4. Shrubs, trees or other above-ground vegeta- 11. Dechlorinated swimming pool water; tion should not be planted over the top of an underground storm sewer or over the top of the 12. Street wash water; easement within which the storm sewer has 13. Discharges or flows from emergency fire- been installed. fighting activities; and (Ord. No. 2471, § 2, 10-25-2022) Supp. No. 12 CD26:30 ENVIRONMENT § 26-549 Sec. 26-539. Storage of hazardous or toxic occur. All such equipment and devices for the materials in drainageway. inspection, sampling and flow measurement of discharges shall be installed and maintained in Except as permitted by law, it shall be unlaw- accordance with applicable laws, ordinances and ful for any person to store or stockpile within a regulations. drainageway any hazardous or toxic materials (Ord. No. 2471, § 2, 10-25-2022) unless adequate protection and/or containment has been provided so as to prevent any such Sec. 26-548. Accidental discharges. materials from entering a drainageway. (Ord. No. 2471, § 2, 10-25-2022) 1. The name and telephone number of the person making the report, and the name of a Secs. 26-540—26-545. Reserved. person who may be contacted for additional information on the matter. A properly reported accidental discharge shall be an affirmative DIVISION 5. INSPECTION, MONITORING, defense to a civil infraction proceeding brought REPORTING, AND RECORDKEEPING under this article against a discharger for such discharge. It shall not, however, be a defense to a Sec. 26-546. Inspection and sampling. legal action brought to obtain an injunction, to To ensure compliance with the standards in obtain recovery of costs or to obtain other relief this pervasively regulated area, the city may as a result of or arising out of the discharge. A inspect and/or obtain stormwater samples from discharge shall be considered properly reported stormwater management facilities of any only if the discharger complies with all the discharger to determine compliance with the requirements of subsection (a) of this section. requirements of this article. Upon request, the 2. Any discharger who accidentally discharges discharger shall allow the city's properly identi- into a water body any substance other than fied representative to enter upon the premises of stormwater or an exempted discharge shall the discharger at all hours necessary for the immediately inform the city concerning the purposes of such inspection or sampling. The discharge. If such information is given orally, a city shall provide the discharger reasonable written report concerning the discharge shall be advance notice of such inspection and/or sampling. filed with the city within five (5) days. The The city or its properly identified representative written report shall specify: may place on the discharger's property the equip- ment or devices used for such sampling or inspec- a. The composition of the discharge and the tion. cause thereof. (Ord. No. 2471, § 2, 10-25-2022) b. The exact date, time, and estimated volume of the discharge. Sec. 26-547. Stormwater monitoring facili- ties. c.All measures taken to clean up the accidental discharge, and all measures A discharger of stormwater runoff shall provide proposed to be taken to reduce and prevent and operate equipment or devices for the monitor- any recurrence. ing of stormwater runoff, so as to provide for (Ord. No. 2471, § 2, 10-25-2022) inspection, sampling, and flow measurement of each discharge to a water body or a stormwater Sec. 26-549. Recordkeeping requirement. runoff facility, when directed in writing to do so by the city. The city may require a discharger to Any person subject to this article shall retain provide and operate such equipment and devices and preserve for no less than three years any if it is necessary or appropriate for the inspec- and all books, drawings, plans, prints, docu- tion, sampling and flow measurement of ments, memoranda, reports, correspondence and discharges in order to determine whether adverse records, including records on magnetic or effects from or as a result of such discharges may electronic media and any and all summaries of Supp. No. 12 CD26:31 § 26-549 MUSKEGON CITY CODE such records, relating to monitoring, sampling 5. Any person who aids or abets a person in a and chemical analysis of any discharge or storm- violation of this article shall be subject to the water runoff from any property. sanctions provided in this section. (Ord. No. 2471, § 2, 10-25-2022) (Ord. No. 2471, § 2, 10-25-2022) Secs. 26-550—26-555. Reserved. Sec. 26-557. Stop work order. DIVISION 6. ENFORCEMENT Where there is work in progress that causes or constitutes in whole or in part, a violation of any provision of this article, the city is authorized to Sec. 26-556. Sanctions for violation. issue a stop work order so as to prevent further 1. Any person violating any provision of this or continuing violations or adverse effects. All article other than sections 26-531, 26-536 and persons to whom the stop work order is directed, 26-538, and except as provided in subsection (b) or who are involved in any way with the work or of this section, shall be responsible for a municipal matter described in the stop work order, shall civil infraction and subject to a fine of not less fully and promptly comply therewith. The city than $500.00 for a first offense, and not less than may also undertake, or cause to be undertaken, $1,000.00 for a subsequent offense, plus costs, any necessary or advisable protective measures damages, expenses, and other sanctions as so as to prevent violations of this article or to authorized under Chapter 87 of the Revised avoid or reduce the effects of noncompliance Judicature Act of 1961 and other applicable herewith. The cost of any such protective laws, including, without limitation, equitable measures shall be the responsibility of the owner relief. of the property upon which the work was performed. 2. Each day such violation occurs or continues (Ord. No. 2471, § 2, 10-25-2022) shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies Sec. 26-558. Failure to comply. provided for in this section are cumulative and in addition to any other remedies provided by law. In addition to any other remedies, should any An admission or determination of responsibility owner fail to comply with the provisions of this shall not exempt the offender from compliance article, the city may, after the giving of reason- with the requirements of this article. able notice and opportunity for compliance, have the necessary work done, and the owner shall be 3. For purposes of this section, "subsequent obligated to promptly reimburse the city for all offense" means a violation of the provisions of costs of such work. this article committed by the same person within (Ord. No. 2471, § 2, 10-25-2022) 12 months of a previous violation of the same provision of this article for which said person admitted responsibility or was adjudicated to be Sec. 26-559. Emergency measures. responsible. When emergency measures are necessary to 4. Any person who neglects or fails to comply moderate a nuisance, to protect public safety, with a stop work order issued under section health and welfare, and/or to prevent loss of life, 26-557 shall, upon conviction, be guilty of a injury or damage to property, the city is authorized misdemeanor punishable by a fine of not more to carry out or arrange for all such emergency than $500.00 or imprisonment in the county jail measures. Property owners shall be responsible for not more than 93 days, or both such fine and for the cost of such measures made necessary as imprisonment, and such person shall also pay a result of a violation of this article and shall such costs as may be imposed in the discretion of promptly reimburse the city for all of such costs. the court. (Ord. No. 2471, § 2, 10-25-2022) Supp. No. 12 CD26:32 ENVIRONMENT § 26-564 Sec. 26-560. Cost recovery for damage to provide relief, in whole or in part, from the action stormwater drainage system. being appealed, but only upon finding that the following requirements are satisfied: A discharger shall be liable for all costs incurred by the city as the result of causing a discharge a. The application of the article provisions that produces a deposit or obstruction, or causes being appealed will present or cause damage to, or impairs a storm drain, or violates practical difficulties for a development or any of the provisions of this article. Costs include, development site; provided, however, that but are not limited to, those penalties levied by practical difficulties shall not include the the EPA or EGLE for violation of an NPDES need for the developer to incur additional permit, attorney fees, and other costs and reasonable expenses in order to comply expenses. with the article; and (Ord. No. 2471, § 2, 10-25-2022) b.The granting of the relief requested will not substantially prevent the goals and Sec. 26-561. Collection of costs; lien. purposes sought to be accomplished by this article, nor result in less effective Costs incurred by the city pursuant to sections management of stormwater runoff. 26-531, 26-536 and 26-538 shall be a lien on the (Ord. No. 2471, § 2, 10-25-2022) premises which shall be enforceable in accordance with the Revenue Bond Act, Public Act 94 of Sec. 26-563. Suspension of MS4 access. 1933 (MCL 141.101 et seq.). Any such charges which are delinquent for six months or more may 1. Suspension due to illicit discharges in be certified annually to the city treasurer, who emergency situations. The city may, without shall enter the lien on the next tax roll against prior notice, suspend MS4 discharge access to a the premises and the costs shall be collected and person when such suspension is necessary to the lien shall be enforced in the same manner as stop an actual or threatened discharge, which provided for in the collection of taxes assessed presents or may present imminent and substantial upon the roll and the enforcement of a lien for danger to the environment, or to the health or taxes. In addition to any other lawful enforce- welfare of persons, or to the MS4. If the violator ment methods, the city shall have all remedies fails to comply with a suspension order issued in authorized by such Act. an emergency, the city may take such steps as (Ord. No. 2471, § 2, 10-25-2022) deemed necessary to prevent or minimize damage to the MS4 or the environment, or to minimize Sec. 26-562. Appeals. danger to the health or welfare of persons. 2. Suspension due to the detection of illicit 1. Any person to whom any provision of this discharge. Any person discharging to the MS4 in article has been applied may appeal in writing, violation of this article may have the person's not later than 30 days after the action or decision MS4 access terminated if such termination would being appealed from, to the city commission the abate or reduce an illicit discharge. The city will action or decision whereby any such provision notify a violator of the proposed termination of was so applied. Such appeal shall identify the the violator's MS4 access. A person commits an matter being appealed, and the basis for the offense if the person reinstates MS4 access to appeal. The city commission shall consider the premises terminated pursuant to this section, appeal and make a decision whereby it affirms, without the prior approval of the city. rejects or modifies the action being appealed. In (Ord. No. 2471, § 2, 10-25-2022) considering any such appeal, the city commis- sion may consider the recommendations of the Sec. 26-564. Tracking enforcement. city engineer and the comments of other persons having knowledge of the matter. In considering The city shall implement a method for track- any such appeal, the city commission may grant ing instances of non-compliance. The tracking a variance from the terms of this article so as to procedure shall ensure that detailed information Supp. No. 12 CD26:33 § 26-564 MUSKEGON CITY CODE about non-compliance and follow up enforcement Sec. 26-573. Maintenance agreements. action is adequately documented, including at a minimum: 1. A maintenance agreement is required for all developments requiring stormwater review. 1. Name of the person responsible for violat- The developer shall provide all stormwater ing the ordinance; maintenance agreements necessary to imple- 2. Date and location of violation; ment the approved drainage plan and to otherwise comply with this article in form and substance as 3. Description of the violation, including required by the city. The maintenance agree- how the violation was identified; ment shall be signed and submitted to the city for review and approval at the time application 4. Description of the enforcement response; for a stormwater permit is made. After construc- 5. Schedule for returning to compliance; tion of the stormwater management system has been verified and approved or accepted by the 6. Date the violation was resolved. city, the developer shall execute a final (Ord. No. 2471, § 2, 10-25-2022) maintenance agreement with the city, record such agreements with the county register of Secs. 26-565—26-570. Reserved. deeds, and provide a copy of the recorded docu- ment to the city. The city reserves the right to require the maintenance agreement be recorded DIVISION 7. STORMWATER EASEMENTS prior to issuance of a stormwater permit. AND MAINTENANCE AGREEMENTS 2. Maintenance agreement provisions. The Sec. 26-571. Applicability of requirements. maintenance agreement shall, among other mat- ters, ensure access for proper inspection by the The requirements of this division concerning city or their designee, allow for maintenance or stormwater easements and maintenance agree- corrective actions of stormwater BMPs, and ments shall apply to all persons required to include provisions for the tracking of maintenance submit a drainage plan to the city for review and activities, and transfer of operation and approval. maintenance responsibility to ensure the (Ord. No. 2471, § 2, 10-25-2022) performance standards are met in perpetuity. Sec. 26-572. Stormwater easements. a. Maintenance plan. The maintenance agreement shall include a maintenance The developer shall provide all stormwater plan and schedule for routine, emergency easements necessary to implement the approved and long-term maintenance of all drainage plan and to otherwise comply with this structural and vegetative stormwater article in form and substance required by the BMPs installed and implemented to meet city, and shall record such easements as directed the performance standards, with a by the city. The easements shall ensure access detailed annual estimated budget for the for proper inspection and maintenance of storm- initial three years, and a clear statement water management facilities and shall provide that only future maintenance activities adequate emergency overland flow-ways. Ease- in accordance with the maintenance plan ments for private stormwater management shall be permitted without the necessity systems shall be conveyed by each landowner to of securing new permits. the entity responsible for operation and maintenance of the stormwater management b. Maintenance documentation. Written system. The city will not accept easements over notice and submittal of maintenance private stormwater management systems. documentation shall be provided to the (Ord. No. 2471, § 2, 10-25-2022) city by the property owner at the interval Supp. No. 12 CD26:34 ENVIRONMENT § 26-583 set forth in the maintenance agreement Sec. 26-574. Prohibition of orphan drains. and subject to the provisions of sections 26-546 through 26-562. Prior to issuance of a stormwater permit, all c. Failure to perform maintenance. If it has stormwater management systems must have a been found by the city, following notice single entity responsible for long-term operation and an opportunity to be heard by the and maintenance. The city will not approve an property owner, that there has been a "orphan" drainage system serving multiple material failure or refusal to undertake landowners without recorded stormwater ease- maintenance as required under this article ments and maintenance agreements. and/or as required in the approved (Ord. No. 2471, § 2, 10-25-2022) maintenance agreement as required hereunder, the city shall then be: Secs. 26-575—26-580. Reserved. i. Authorized, but not required, to hire an entity with qualifications and experience in the subject matter to DIVISION 8. PERFORMANCE AND DESIGN undertake the monitoring and STANDARDS maintenance as so required, in which event the property owner shall be Sec. 26-581. Resolution to implement obligated to advance or reimburse performance and design payment for all costs and expenses standards. associated with such monitoring and maintenance, together with a reason- The city commission may adopt a resolution able administrative fee. The establishing detailed design and performance maintenance agreement required standards for stormwater management facili- under this article shall contain a ties, consistent with the terms of this article, and provision spelling out the require- in order to further implement the goals and ments; and if the applicant objects purposes set forth in this article. Amendments in any respect to such provision or to the design and performance standards must the underlying rights and obliga- be approved by the city commission. tions, such objection shall be resolved (Ord. No. 2471, § 2, 10-25-2022) prior to the commencement of construction of the proposed develop- ment on the property. If the property Sec. 26-582. Performance standards. owner fails to pay the costs incurred by the city under this section, the In order to achieve the goals and purposes of costs shall be a lien on the property this article, sites shall meet the stormwater and enforced as provided in division management performance standards for water 6 of this article. quality treatment, channel protection, flood 3. Tracking operation and maintenance. The control, and other site-specific standards as city shall implement a tracking system to include published in the city's stormwater management procedures for filing and retrieval of all recorded standards. maintenance agreements, maintenance plans, (Ord. No. 2471, § 2, 10-25-2022) and stormwater management system maps to document location and ages of stormwater BMPs. Sec. 26-583. Alternatives for meeting The city shall also track annual inspection reports performance standards. required to be submitted from the developer, and any inspection conducted by the city to document 1. The city may establish programs and condition of stormwater BMPs and maintenance procedures for alternative means to meet the performed. channel protection performance standard if onsite (Ord. No. 2471, § 2, 10-25-2022) retention is determined to be not feasible. Supp. No. 12 CD26:35 § 26-583 MUSKEGON CITY CODE 2. Requirements for programs and procedures (if any) adopted by the city are given in the city's stormwater management standards. (Ord. No. 2471, § 2, 10-25-2022) Sec. 26-584. Design standards. Stormwater BMPs shall be designed to meet the performance standards as described in sec- tion 26-582. Stormwater management system design shall be in accordance with the city's stormwater management standards. (Ord. No. 2471, § 2, 10-25-2022) Sec. 26-585. Responsibility to implement best management practices (BMPs). The owner or operator of a commercial or industrial establishment shall provide, at the owner's or operator's own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the city's storm- water drainage system or waterbodies through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premises, which is or may be the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activ- ity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. (Ord. No. 2471, § 2, 10-25-2022) Supp. No. 12 CD26:36
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