City Ordinance Chapter 026 - Environment

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                                                     Chapter 26


                                                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
                     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
                     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

                                    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-

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-
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-

§ 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.
   (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
                                                          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)

                                                 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
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.
                                                            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

§ 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
          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)

                                              ENVIRONMENT                                               § 26-158

Sec. 26-68. Permitted sounds.                         Sec. 26-73. Control of sound volume gener-
   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)
(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
   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
  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.

§ 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,

                                                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-
                                                        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-

§ 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)

                                                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
                                                                  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.

§ 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.

                                              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.

§ 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
           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
                                                                      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-

                                                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)
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.
  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
                                                      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
  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)
  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);
  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
                                                            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
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-
               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-
                                                           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.
  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
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
                                                       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
   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.
                                                         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
                                                          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
  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
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
                                                     defense to a civil infraction proceeding brought
                                                     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
   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.
                                                           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.
                                                           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
              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
   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
(Ord. No. 2471, § 2, 10-25-2022)

Supp. No. 12                                      CD26:36

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