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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2471
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Chapter 26 Article V of the Code of Ordinances of the City of Muskegon,
Michigan, Sections 26-300 through 26-400 are repealed.
2. Chapter 26 Article V of the Code of Ordinances of the City of Muskegon,
Michigan, Sections 26-500 through 26 –585 are adopted to read as follows:
ARTICLE V
Stormwater Management
DIVISION 1
Generally
Sec. 26-500 Definitions.
The following words, terms, and phrases, when used in this Article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
AUTHORIZED ENFORCEMENT AGENCY
The director of the Department of Public Works or the director’s designees.
BASE FLOOD
The 100-year flood with a magnitude which has a one percent (1%) chance of
occurring or being exceeded in any given year.
BEST MANAGEMENT PRACTICES (BMPs)
A practice, or combination of practices and design criteria, to minimize
stormwater runoff and prevent the discharge of pollutants into stormwater
discharged from a site and designed in accordance with the City’s Stormwater
Management Standards.
BUILDING OPENING
Any opening of a solid wall such as a window or door, through which
floodwaters could penetrate.
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CITY
The City of Muskegon, Michigan, acting by and through its Department of
Public Works for the purposes of the Article, unless the context refers to the
City of Muskegon as a whole.
CITY STORMWATER STANDARDS
The most current version of the City of Muskegon Stormwater Management
Standards published pursuant to this Article.
CLEAN WATER ACT
The Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as
amended, and the applicable regulations promulgated thereunder.
CONSTRUCTION SITE STORMWATER RUNOFF
Stormwater runoff from a development site following an earth change.
COUNTY ENFORCING AGENCY
A county agency or a conservation district designated by a county board of
commissioners under Section 9105 of Part 91, Soil Erosion and Sedimentation
Control, of the Natural Resource and Environmental Protection Act, Public
Act 451 of 1994 (MCL 324.9101 et seq.).
DESIGN ENGINEER
A registered and licensed professional engineer in the state responsible for the
design of a drainage plan.
DETENTION
A system that is designed to capture stormwater and release it over a given
period of time through an outlet structure at a controlled rate.
DEVELOPED or DEVELOPMENT
The installation or construction of impervious surfaces on a development site
that require, pursuant to state law or local ordinance, the City's approval of a
site plan, plat, site condominium, special land use, planned unit development,
rezoning of land, land division approval, private road approval or other
approvals required for the development of land or the erection of buildings or
structures.
DEVELOPER
Any person proposing or implementing the development of land.
DEVELOPMENT SITE
Any land that is being or has been developed, or that a developer proposes for
development
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DISCHARGER
Any person or entity who directly or indirectly discharges stormwater from
any property. The term "discharger" also means any employee, officer,
director, partner, contractor, or other person who participates in, or is legally or
factually responsible for, any act or omission which is or results in a violation of
this Article.
DRAIN
Any drain as defined in the Michigan Drain Code of 1956, Public Act 40 of
1956 (MCL 280.1 et seq.), other than an established county or intercounty
drain.
DRAINAGE
The collection, conveyance, or discharge of groundwater and/or surface
water.
DRAINAGE PLAN
See “Plan.”
DRAINAGEWAY
The area within which surface water or groundwater is carried from one part
of a lot or parcel to another part of the lot or parcel or to adjacent land.
DRAIN COMMISSIONER or WATER RESOURCES COMMISSIONER
The county agency charged with the management of county and intercounty
drains established pursuant to the Michigan Drain Code of 1956, Public Act
40 of 1956 (MCL 280.1 et seq.), and responsible for site plan drainage review
pursuant to the Land Division Act, Public Act 288 of 1967, as amended by
Public Act 591 of 1996 (MCL 560.101 et seq.), and the Mobile Home
Commission Act, Public Act 96, of 1987 (MCL 125.2301 et seq.).
EARTH CHANGE
A human made change in the natural cover or topography of land, including cut
and fill activities. The term "earth change" includes, but is not limited to, any
excavating, surface grading, filling, landscaping, or removal of vegetative
roots. The term "earth change" does not include the practice of plowing and
tilling soil for the purpose of crop production.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA)
The agency of the federal government charged with environmental
protection.
EROSION
The process by which the ground surface is worn away by action of wind,
water, gravity, or a combination thereof.
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EXEMPTED DISCHARGES
Discharges other than stormwater as specified in Section 26-537.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The agency of the federal government charged with emergency
management.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally
dry land areas resulting from the overflow of water bodies or the unusual and
rapid accumulation of surface water runoff from any source.
FLOOD PROTECTION ELEVATION
The base flood elevation plus one foot at any given location.
FLOODPLAIN
The area of land adjoining any watercourse or waterbody that will be inundated
by the base flood.
FLOODPROOFING
Any structural and/or nonstructural additions, changes, or adjustments to
structures or property that reduce or eliminate flood damage to land or
improvements, including utilities and other structures.
FLOODWAY
The channel of any watercourse and the adjacent land areas that must be
reserved to carry and discharge a base flood without cumulatively increasing
the water surface elevation more than 1/10 of a foot due to the loss of flood
conveyance or storage.
GRADING
Any stripping, clearing, stumping, excavating, filling, leveling or stock- piling of
soil or any combination thereof and the land in its excavated or filled condition.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination thereof, which,
because of its quantity, concentration, or physical, chemical, or infectious
characteristics, may cause, or significantly contribute to, a substantial present
or potential hazard to human health, safety, property, or the environment
when improperly treated, stored, transported, disposed of, or otherwise
managed.
ILLICIT CONNECTION
Any method or means for conveying an illicit discharge into water bodies or the
City's stormwater drainage system.
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ILLICIT DISCHARGE
Any discharge to the City’s stormwater drainage system or water bodies that
does not consist entirely of stormwater, discharges pursuant to the terms of
an NPDES permit, or exempted discharges as defined in this Article.
IMPERVIOUS SURFACE
A surface, such as a paved or gravel driveway, roof, parking area or road, that
prevents the infiltration of water into the soil.
LIVESTOCK PRODUCTION FACILITY
An agricultural activity, in which 100 or more livestock are fed, bred and/or
raised within a confined area, other than an open pasture either inside or
outside an enclosed building.
LOWEST FLOOR
The lowest floor or the lowest enclosed area, including a basement, but not
including an unfinished or flood-resistant enclosure which is usable solely for
parking of vehicles or building access.
MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
(EGLE)
The State department charged with protection of the environment. Previously
known as Michigan Department of Environmental Quality (MDEQ).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A publicly owned conveyance system designed or used for collecting or
conveying stormwater. (May also be referred to as “stormwater drainage
system”).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORMWATER DISCHARGE PERMIT
A permit issued by EPA, or by a state under authority delegated pursuant to
33 U.S.C.§ 1342(b), that authorizes the discharge of pollutants to waters of the
United States. The permit may be applicable on an individual, group, or
general area-wide basis.
NON-STORMWATER DISCHARGE
Any discharge to the stormwater drainage system that is not composed entirely
of stormwater.
OVERLAND FLOW-WAY
Surface area that conveys a concentrated flow of stormwater runoff.
PLAN
Written narratives, specifications, drawings, sketches, maps, written
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standards, supporting calculations, operating procedures, or any combination
of these, which contain information pursuant to this Article.
POLLUTANT
A substance discharged which includes, but is not limited to, the following:
any dredged spoil, solid waste, vehicle fluids, yard wastes, animal wastes,
agricultural waste products, sediment, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological wastes, radioactive
materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and
industrial, municipal, commercial and agricultural waste, or any other
contaminant or other substance defined as a pollutant under the Clean Water
Act.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or
unimproved, including adjacent sidewalks and parking strips.
PROPERTY OWNER
Any person having legal or equitable title to property or any person having or
exercising care, custody, or control over any property.
REDEVELOPMENT
Redevelopment projects are those that change the existing site footprint or
offer new opportunities for stormwater control. Projects that do not disturb the
underlying or surrounding soil, remove surrounding vegetation, or increase
the area of impervious surface are not considered redevelopment projects.
For roadway projects, reconstruction of the subbase is considered
redevelopment, whereas an overlay of the pavement surface is not.
RETENTION
A system which is designed to capture stormwater and contain it until it
infiltrates the soil or evaporates.
SOIL EROSION
The stripping of soil and weathered rock from land creating sediment for
transportation by water, wind or ice, and enabling formation of new
sedimentary deposits.
STATE WATER QUALITY STANDARDS
All applicable state rules, regulations, and laws pertaining to water quality,
including the provisions of Section 3106 of Part 31, Water Resources
Protection, of the Natural Resources and Environmental Protection Act,
Public Act 451 of 1994 (MCL 324.3106).
STORM DRAIN
Any portion of the stormwater drainage system, including any natural outlet,
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which carries storm and surface waters and drainage or unpolluted industrial
process water, such as permitted by Section 26-537. (May also be referred to
as “storm sewer”).
STORMWATER MANAGEMENT FACILITY
The method, structure, area, system, or other equipment or measures which
are designed to receive, control, store, or convey stormwater.
STORMWATER MANAGEMENT SYSTEM
All of the stormwater management facilities used on a site.
STORMWATER PERMIT
A permit issued by the City pursuant to this Article.
STORMWATER REVIEW AND APPROVAL
Review and approval of a site stormwater management system conducted by
the City pursuant to state law.
STORMWATER POLLUTION PREVENTION PLAN (SWPP)
A document which describes the best management practices and activities to
be implemented by a person to identify sources of pollution or contamination
at a site and the actions to eliminate or reduce pollutant discharges to
stormwater, stormwater conveyance systems, and/or receiving waters to the
maximum extent practicable.
STORMWATER RUNOFF
The runoff and drainage of precipitation resulting from rainfall or snowmelt or
other natural event or process.
STREAM
A river, stream or creek which may or may not be serving as a drain, or any
other water body that has definite banks, a bed, and visible evidence of a
continued flow or continued occurrence of water.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater, discharged
from a facility.
WATER BODY
A river, lake, stream, creek or other watercourse or wetlands.
WATERSHED
A region draining into a water body.
WETLANDS
Land characterized by the presence of hydric soils and water at a frequency
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and duration sufficient to support wetland vegetation or aquatic life.
Sec. 26-501 Statutory authority and title.
This Article (Article V of Chapter 26 of the City Code of Ordinances) is adopted
in accordance with the Home Rule City Act, as amended, Public Act 279 of 1909
(MCL 117.1 et seq.); the Michigan Drain Code of 1956, Public Act 40 of 1956
(MCL 280.1 et seq.); the Land Division Act, Public Act 288 of 1967 (MCL
560.101 et seq.); the Revenue Bond Act, Public Act 94 of 1933 (MCL 141.101 et
seq.); and the Natural Resources and Environmental Protection Act, Public Act
451 of 1994 (MCL 324.101 et seq.); Section 401(p) of the Federal Water Pollution
Control Act (also known as the Clean Water Act), as amended (33 U.S.C. §
1342(p) and 40 CFR 9, 122, 123 and 124); and other applicable state and
federal laws.
This Article shall be known and may be cited as the City of Muskegon Stormwater
Management Ordinance.
Sec. 26-502 Findings.
The City finds that:
1. Water bodies, roadways, structures, and other property within, and downstream of
the City are at times subjected to flooding;
2. Flooding is a danger to the lives and property of the public and is also a danger to
the natural resources of the City and the region;
3. Land development alters the hydrologic response of watersheds, which may result
in increased stormwater runoff rates and volumes, increased flooding, increased
stream channel erosion, and increased sediment transport and deposition;
4. Stormwater runoff produced by land development may contribute to increased
quantities of waterborne pollutants; Increases of stormwater runoff, soil erosion,
and nonpoint source pollution may have occurred as a result of land
development, and may cause deterioration of the water resources of the City
and downstream municipalities;
5. Stormwater runoff, soil erosion, and nonpoint source pollution, may have
resulted in a deterioration of the water resources of the City and downstream
municipalities;
6. Increased stormwater runoff rates and volumes, and the sediments and
pollutants associated with stormwater runoff, absent reasonable regulation and
control, can adversely affect the City's water bodies and water resources, and
those of downstream municipalities;
7. Stormwater runoff, soil erosion, and nonpoint-source pollution can be controlled
and minimized by the regulation of stormwater runoff from development;
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8. Post-Construction Storm Water Runoff Program requirements for new and
redevelopments within the City are set forth in the State of Michigan National
Pollutant Discharge Elimination System Permit Application for Discharge of
Storm Water to Surface Waters of the State from a Municipal Separate Storm
Sewer System (DEQ, 2013 Rev. 10/2014);
9. Adopting the standards, criteria and procedures contained in this Article and
implementing the same can address many of the deleterious effects of
stormwater runoff;
10. Adopting these standards is necessary for the preservation of the public health,
safety and welfare;
11. Adopting these standards is necessary to comply with the NPDES MS4 Permit.
12. Illicit discharges may contain pollutants that can significantly degrade the City's
water bodies and water resources;
13. Illicit discharges enter the MS4 through either direct connections (e.g.,
wastewater piping either mistakenly or deliberately connected to the storm
drains) or indirect connections (e.g., infiltration into the stormwater drainage
system or spills connected by drain inlets);
14. Establishing the measures for controlling illicit discharges and connections
contained in this Article and implementing the same will address many of the
deleterious effects of illicit discharges.
Sec. 26-503 Purpose.
It is the purpose of this Article to establish minimum stormwater management
requirements and controls to accomplish, among others, the following objectives:
1. To reduce artificially induced flood damage;
2. To minimize increased stormwater runoff rates and volumes from identified new
land development;
3. To minimize the deterioration of existing watercourses, culverts and bridges, and
other structures;
4. To encourage water recharge into the ground where geologically favorable
conditions exist;
5. To prevent an increase in nonpoint source pollution;
6. To maintain the integrity of stream channels for their biological functions, as well
as for drainage and other purposes;
7. To minimize the impact of development upon stream bank and streambed
stability;
8. To reduce erosion from development or construction projects;
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9. To preserve and protect water supply facilities and water resources by means of
controlling increased flood discharges, stream erosion, and runoff pollution;
10. To reduce stormwater runoff rates and volumes, soil erosion, and nonpoint
source pollution, wherever practicable, from lands that were developed without
stormwater management controls meeting the purposes and standards of this
Article;
11. To reduce the adverse impact of changing the land use along water bodies
and, to that end, this Article establishes minimum standards to protect water
bodies from degradation resulting from changing land use where there are
insufficient stormwater management controls;
12. To regulate the contribution of pollutants to the MS4 by stormwater discharges by
any user;
13. To prohibit illicit discharges and connection to the MS4;
14. To establish legal authority to carry out all inspection, surveillance, monitoring
and enforcement procedures necessary to ensure compliance with this Article.
Sec. 26-504 Applicability, exemptions, and general provisions.
1. This Article shall apply to all new development and all redevelopment projects,
including private, commercial and public projects that disturb one (1) acre or
more, and projects less than one (1) acre that are part of a larger common plan
of development or sale that would disturb one (1) acre or more as required by the
NPDES MS4 Permit.
2. Further, this Article shall apply to any development or redevelopment site which:
a) requires approval of a plat under Chapter 78;
b) requires approval of a site plan under Chapter 26, a building permit, or any
other permit for work which will alter stormwater drainage characteristics of the
site;
c) is exempt from site plan and permit approval, but work will alter stormwater
drainage characteristics of the site, and there is an increase in impervious
surface exceeding 10,000 square feet; provided, however, that this Article
shall not apply to the following:
i. The construction of, or addition, extension or modification to, an individual
single family or a two-family detached dwelling;
ii. Street and utility projects that do not modify the footprint of the street of
increase impervious area within the public right of way.
iii. Non-motorized improvements (sidewalk, pathway) within public rights- of-way
that disturb less than one (1) acre;
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iv. The installation or removal of individual mobile homes within a mobile home
park. This exemption shall not be construed to apply to the construction,
expansion, or modification of a mobile home park;
v. Farm operations and buildings, except dwellings, directly related to farm
operations. This exemption shall not apply to livestock production facilities as
defined in this Article, greenhouses and other similar structures;
vi. Plats with preliminary plat approval and other developments with final land
use approval prior to the effective date of this Article, where such approvals
remain in effect.
3. Redevelopment and additions requiring a stormwater permit shall comply with City
Stormwater Management Standards for the redeveloped or newly constructed
portion of the site, except that the City reserves the right to require the entire site
be brought up to the current standards. The City also reserves the right to define
the last land use for a redevelopment site as the interim vacant condition.
4. This Article shall apply to all discharges entering the stormwater drainage system
generated on any developed and undeveloped lands unless explicitly exempted.
Sec. 26-505 through Sec. 26-510. (Reserved)
DIVISION 2
Stormwater Permit
Sec. 26-511 Permit required.
1. A developer shall not engage in any development without first receiving a
stormwater permit from the City pursuant to this Article via the City's site plan
approval process contained in the zoning regulations in Chapter 26.
2. The granting of a stormwater permit shall authorize only such development for
which the permit is issued, subject to the terms of the permit, and it shall not be
deemed to approve other development or other land use activities or replace
other required permits.
Sec. 26-512 Review procedures.
1. The City shall grant a stormwater permit after approval of the site plan (Chapter
26) and before issuance of a building permit[s], and may impose terms and
conditions in accordance with Section 26, only upon compliance with all of the
following requirements:
a) Completed stormwater permit application form.
b) The developer has submitted a drainage plan for the site complying with Section
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26-513 for the approval of post-construction stormwater runoff BMPs.
i. The drainage plan contains a description of an adequate, temporary
stormwater management facilities to control construction site stormwater
runoff and prevent offsite sedimentation, satisfying the requirements of
Section 26, and the developer has obtained a soil erosion permit from the
County Enforcing Agency, if necessary.
ii. The drainage plan contains permanent onsite stormwater management
facilities complying with the City’s Stormwater Management Standards,
and the performance and design standards as set forth in Division 8 of this
Article.
c) The developer has submitted restrictive covenant language for review and
subsequent recording at the County Register of Deeds, if required for the
development.
d) Written construction plan approval obtained from the County Drain or Water
Resources Commissioner, or intercounty drainage board, if required.
e) The developer has paid or deposited the stormwater permit review fee
pursuant to Section 26.
f) The developer has paid or posted the applicable financial guaranty pursuant to
Section 26.
g) The developer provides all easements necessary to implement the approved
drainage plan and to otherwise comply with this Article, including, but not
limited to, Section 26. All easements shall be acceptable to the City in form and
substance and shall be recorded with the County Register of Deeds.
h) The developer provides the required maintenance agreement for routine,
emergency, and long-term maintenance of all structural and vegetative BMPs
installed and implemented to meet the performance standards. This
agreement shall be in compliance with the approved drainage plan and this
Article including, but not limited to, Section 26.
i) The maintenance agreement shall be acceptable to the City in form and
substance and shall be subsequently recorded with the County Register
of Deeds.
a) Limitations of Review. The City will review private developments for offsite
impact, but will not review the internal storm sewer and drainage system for the
site.
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Sec. 26-513 Drainage plan.
A preliminary drainage plan meeting the requirements of Section 26 shall be included
on the site plan submitted to the City for site and development plan review. The
drainage plan submitted for stormwater permit review shall be shown on the approved
site plan if planning commission or administrative staff review is required, or on a site
plan meeting the requirements in the City Stormwater Standards. The drainage plan
shall identify and contain all of the information required in the City Stormwater
Standards.
Sec. 26-514 Review fees; escrow.
1. All expenses and costs incurred by the City directly associated with processing,
reviewing and approving or denying a stormwater permit application shall be
paid or reimbursed to the City from the funds paid directly to the City. The City
reserves the right to request a separate escrow account be established by the
developer, as provided in Subsection (b) of this section. The City may draw funds
from a developer’s escrow account to reimburse the City for out-of-pocket
expenses incurred by the City relating to the application. Such reimbursable
expenses include, but are not limited to, expenses related to the following:
a. Services of the City Attorney directly related to the application.
b. Services of the City Engineer directly related to the application.
c. Services of other independent contractors working for the City, which are
directly related to the application.
d. Review required by County Drain or Water Resources Commissioner.
e. Any additional public hearings required mailings and legal notice requirements
necessitated by the application.
2. At the time a developer applies for a stormwater permit, the developer shall pay
the required fees established by the City for a stormwater permit. The developer
may also be required to deposit with the City, as an escrow deposit, an initial
amount as determined by resolution of the City commission for such matters and
shall provide additional amounts as requested by the City in such increments as
are specified in said resolution. Any excess funds remaining in the escrow
account after the application has been fully processed, reviewed, and the final
City approval and acceptance of the development has occurred will be refunded
to the developer with no interest to be paid on those funds. At no time prior to
the City’s final decision on an application shall the balance in the escrow
account fall below the required initial amount. If the funds in the account are
reduced to less than the required initial amount, the developer shall deposit into
the account an additional amount as determined by City commission resolution,
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before the application review process will be continued. Additional amounts may
be required to be placed in the escrow account by the developer, at the discretion
of the City.
Sec. 26-515 Financial guaranty.
1. The City shall not approve a stormwater permit until the developer submits to the
City, in a form and amount satisfactory to the City, a letter of credit or other
financial guaranty for the timely and satisfactory construction of all stormwater
management facilities and site grading in accordance with the approved
drainage plan. Upon (l) certification by a registered professional engineer that
the stormwater management facilities have been completed in accordance with
the approved drainage plan, and (2) receipt of construction record drawings for
all private drainage systems meeting the minimum requirements of the City
Stormwater Standards, the City may release the letter of credit or other financial
guaranty, subject to final City acceptance and approval.
2. The amount of the financial guaranty shall be in accordance with the City’s
adopted fee structure, unless the City determines that a greater amount is
appropriate, in which case the basis for such determination shall be provided to
the developer in writing. In determining whether an amount greater is
appropriate, the City shall consider the size and type of the development, the
size and type of the on-site stormwater management system, and the nature of
the off-site stormwater management facilities the development will utilize.
3. This Article shall not be construed or interpreted as relieving a developer of its
obligation to pay all costs associated with onsite private stormwater runoff
facilities as well as those costs arising from the need to make other drainage
improvements in order to reduce a development’s impact on a drain consistent
with City Stormwater Standards.
Sec. 26-516 Certificate of occupancy.
No certificate of occupancy shall be issued until a stormwater permit has been
issued and stormwater management facilities have been completed in accordance
with the approved drainage plan and all applicable restrictive covenants,
construction record drawings have been submitted and approved, and until the
executed maintenance agreement is recorded with the County Register of Deeds;
provided, however, the City may issue a temporary certificate of occupancy if an
acceptable letter of credit or other financial guaranty has been submitted to the City.
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Sec. 26-517 No change in approved facilities.
Stormwater management facilities, after construction and approval, shall be
maintained in good condition, in accordance with the approved drainage plan, and
shall not be subsequently altered, revised or replaced except in accordance with
the approved drainage plan, or in accordance with approved amendments or
revisions in the plan.
Sec. 26-518 Terms and conditions.
1. In granting a stormwater permit, the City may impose such terms and
conditions as are reasonably necessary to effectuate the purposes of this Article.
A developer shall comply with such terms and conditions.
2. Approval of the stormwater management system is considered to be granted by
the City upon issuance of a stormwater permit, unless authorization is required
to be granted by the County Drain or Water Resources commissioner under state
law and this approval has not been offered.
Sec. 26-519 through Sec. 26-525 (Reserved)
DIVISION 3
Stormwater Management System, Protection and Other
Standards, Soil Erosion Control
Sec. 26-526 Responsibility for stormwater management system.
1. The City is not responsible for providing drainage facilities on private property for
the management of stormwater on such property. It shall be the responsibility of
the property owner to provide for, and maintain, private stormwater management
facilities serving the property and to
2. Prevent and correct any conditions interfering with, or impeding, the
management of stormwater, including the accumulation of debris that interferes
with the drainage function of a water body.
3. Existing sites found to be in violation of this Article shall be subject to enforcement
as outlined in Division 6 of Section 26.
Sec. 26-527 Stormwater management system.
All stormwater management facilities shall be constructed and maintained in
accordance with all applicable federal, state and local ordinances, and rules and
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regulations.
Sec. 26-528 Public health, safety and welfare.
Protection of the public health, safety and welfare shall be a primary consideration in
the design of all stormwater management facilities.
Sec. 26-529 Protection of environmentally sensitive areas.
1. Environmentally sensitive areas shall be identified on the site plan with
measures shown for protection of these areas as defined and in accordance with
the City’s Stormwater ManagementStandards.
2. The City may include provisions for the acceptable replacement of floodplain
storage volume, where such storage volume is lost or diminished as a result of
approved development.
Sec. 26-530 Flood protection and building openings.
1. All new buildings and substantial improvements to existing buildings shall be
protected from flood damage up to the flood protection elevation and shall be in
accordance with all applicable federal, state and City ordinances (Section 26 –
Article VI and Section 2323 of the City of Muskegon Zoning Ordinance - Flood
Hazard Areas).
a. Additionally, the lowest floor shall not be constructed below the following
elevations:
i. One (1) foot above the design high water level of stormwater
management facilities.
ii. Two (2) feet above the highest known groundwater elevation.
2. The lowest floor elevation established at the time of plat or development approval
and on file in the City and/or County Drain or Water Resources Commissioner.
3. A waiver from elevations stated in Subsection (a) of this section may be granted by
the City following receipt of a certification from a registered professional
engineer demonstrating that the proposed elevation does not pose a risk of
flooding. Floodproofing measures must be in accordance with FEMA Technical
Bulletins and Michigan Building Codes.
4. Land Survey and Elevation Certificate. If the City and/or County Drain or Water
Resources Commissioner has specified a minimum building opening at the time
of plat or development approval, or if construction occurs within the one-
hundred-year floodplain pursuant to Section 26 – Article VI and Section 2323 of
the City’s Zoning Ordinance upon completion of construction of the structure’s
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foundation and/or slab on grade, a registered land surveyor shall certify any
minimum building opening elevation specified by this Article. This certificate shall
attest that the building opening elevation complies with the standards of this
Article. The permittee for the building permit shall submit the certificate to the
City building inspections official prior to the commencement of framing and/or
structural steel placement. If the surveyor should find that the minimum building
opening elevation is below the elevation specified in Subsection (a) of this
section, that opening must be raised using a method that meets with the
approval of the City. After reconstruction, a registered land surveyor or engineer
shall recertify that the minimum building opening elevation complies with the
standards of this Article prior to the commencement of framing and/or structural
steel placement
5. Waiver of Land Survey. The City building inspection official may grant a waiver
of the required land survey under Subsection (c) of this section if the minimum
building opening appears to be at or above the elevation of adjacent buildings that
have already been certified, or if a grade map shows that the low opening
elevation of the building is at least three (3) feet higher than the minimum
building opening established pursuant to Subsection (a) of this section.
Sec. 26-531 Soil erosion and sedimentation control.
1. All persons who cause, in whole or in part, any earth change to occur shall provide
soil erosion and sedimentation control so as to adequately prevent soils from
being eroded and discharged or deposited onto adjacent properties or into a
stormwater drainage system, a public street or right-of- way, wetland, creek,
stream, water body, or floodplain.
2. Prior to making any earth change on a development site regulated by this
Article, the property owner or developer shall first obtain a soil erosion and
sedimentation control permit from the County Enforcing Agency issued in
accordance with Part 91 of Public Act 451 of 1994 (MCL 324.9101 et seq.), if one
is required.
3. A soil erosion and sedimentation control permit is required for any earth change
that is greater than one acre or less than 500 feet from any lake or stream. Permits
are obtained from the County Enforcing Agency.
4. The property owner and other persons causing or participating in the earth change
shall comply with the terms of the soil erosion and sedimentation control permit.
5. During earth change activities on the development site, the City Engineer may
inspect the site to ensure compliance with the approved construction site runoff
controls.
6. During any earth change which exposes soil to an increased risk of erosion or
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sediment tracking, the property owner and other persons causing or participating
in the earth change shall do the following:
a. Comply with the stormwater management standards of this Article.
b. Prevent damage to any public utilities or services within the limits of
grading and within any routes of travel or areas of work of construction
equipment.
c. Prevent damage to or impairment of any water body on or near the
location of the earth change or affected thereby.
d. Prevent damage to adjacent or nearby land.
e. Maintain all required soil erosion and sedimentation control measures,
including, but not limited to, measures required for compliance with the
terms of this Article.
f. Promptly remove all soil, sediment, debris, or other materials applied,
dumped, tracked, or otherwise deposited on any lands, public streets,
sidewalks, or other public ways or facilities, including catch basins,
storm sewers, ditches, drainage swales, or water bodies. Removal of
all such soil, sediment, debris or other materials within 24 hours shall
be considered prima facie compliance with this requirement, unless
such materials present an immediate hazard to public health and safety.
g. Refrain from grading lands at locations near or adjoining lands, public
streets, sidewalks, alleys, or other public or private property without
providing adequate support or other measures so as to protect such
other lands, streets, sidewalks or other property from settling, cracking
or sustaining other damage.
Sec. 26-532 through Sec. 26-535. (Reserved)
DIVISION 4
Prohibitions and Exemptions
Sec. 26-536 Prohibited discharges.
1. Prohibition of illicit discharges.
a. No person shall discharge or cause to be discharged into the City’s
stormwater drainage system or waterbodies any materials, including
but not limited to pollutants or waters containing any pollutants, other
than stormwater, or an exempted discharge pursuant to Sections 26-
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537, or discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety.
b. The City is authorized to require dischargers to implement pollution
prevention measures, utilizing BMPs, necessary to prevent or reduce
the discharge of pollutants into the City’s stormwater drainage system.
2. Prohibition of illicit connections.
a. The construction, use, maintenance or continued existence of illicit
connections to the stormwater drainage system is prohibited.
b. This prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was
permissible under law or practices applicable or prevailing at the time of
connection.
c. A person is considered to be in violation of this Article if the person
connects a line conveying wastewater to the MS4 or allows such a
connection to continue.
Sec. 26-537 Exempted discharges.
The following non-stormwater discharges shall be permissible, provided that they do
not result in a violation of state water quality standards or Section 26-536:
1. Water supply line flushing;
2. Landscape irrigation;
3. Diverted stream flows;
4. Rising groundwater;
5. Uncontaminated groundwater infiltration to storm drains;
6. Uncontaminated pumped groundwater;
7. Discharges from potable water sources;
8. Foundation drains;
9. Air conditioning condensate;
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10. Individual residential car washing;
11. Dechlorinated swimming pool water;
12. Street wash water;
13. Discharges or flows from emergency firefighting activities; and
14. Discharges for which a specific federal or state permit has been issued.
Sec. 26-538 Interference with natural or artificial drains.
1. It shall be unlawful for any person to stop, fill, dam, confine, pave, alter the
course of, or otherwise interfere with, any natural or constructed drain or
drainageway without first submitting a drainage plan to the City and receiving
approval of that plan. Any deviation from the approved plan is a violation of this
Article. This section shall not prohibit, however, necessary emergency action so
as to prevent or mitigate drainage that would be injurious to the environment or
the public health, safety, or welfare. When any of the activities mentioned in this
section involves an established county drain, a drain use permit is required from
the County Drain or Water Resources Commissioner.
2. No filling, blocking, fencing or above-surface vegetation planting shall take place
within a floodplain/floodway.
3. For an overland flow-way:
a. Silt fence shall not be permitted below the top of the bank of a water
body.
b. Chain-link fences may be permitted if the City determines that the fence
will not obstruct or divert the flow of water.
c. If a fence is removed by the City or the County Drain or Water
Resources Commissioner for drain access or drain maintenance, the
fence may be replaced by the owner of the fence at the owner’s
expense.
d. No shrubs or trees shall be planted below the top of the bank of a water
body, or within an easement for a waterway (for example, a backyard
swale).
4. Shrubs, trees or other above-ground vegetation should not be planted over the
top of an underground storm sewer or over the top of the easement within which
the storm sewer has been installed.
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Sec. 26-539 Storage of hazardous or toxic materials in drainageway.
Except as permitted by law, it shall be unlawful for any person to store or stockpile
within a drainageway any hazardous or toxic materials unless adequate protection
and/or containment has been provided so as to prevent any such materials from
entering a drainageway.
Sec. 26-540 through Sec. 26-545. (Reserved)
DIVISION 5
Inspection, Monitoring, Reporting, and Recordkeeping
Sec. 26-546 Inspection and sampling.
To ensure compliance with the standards in this pervasively regulated area, the City
may inspect and/or obtain stormwater samples from stormwater management
facilities of any discharger to determine compliance with the requirements of this
Article. Upon request, the discharger shall allow the City’s properly identified
representative to enter upon the premises of the discharger at all hours necessary for
the purposes of such inspection or sampling. The City shall provide the discharger
reasonable advance notice of such inspection and/or sampling. The City or its
properly identified representative may place on the discharger’s property the
equipment or devices used for such sampling or inspection.
Sec. 26-547 Stormwater monitoring facilities.
A discharger of stormwater runoff shall provide and operate equipment or devices for
the monitoring of stormwater runoff, so as to provide for inspection, sampling, and
flow measurement of each discharge to a water body or a stormwater runoff facility,
when directed in writing to do so by the City. The City may require a discharger to
provide and operate such equipment and devices if it is necessary or appropriate for
the inspection, sampling and flow measurement of discharges in order to determine
whether adverse effects from or as a result of such discharges may occur. All such
equipment and devices for the inspection, sampling and flow measurement of
discharges shall be installed and maintained in accordance with applicable laws,
ordinances and regulations.
Sec. 26-548 Accidental discharges.
1. The name and telephone number of the person making the report, and the name of
a 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
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shall not, however, be a defense to a legal action brought to obtain an injunction, to
obtain recovery of costs or to obtain other relief as a result of or arising out of the
discharge. A discharge shall be considered properly reported only if the discharger
complies with all the requirements of Subsection (a) of this section.
2. Any discharger who accidentally discharges into a water body any substance other
than stormwater or an exempted discharge shall immediately inform the City
concerning the discharge. If such information is given orally, a written report
concerning the discharge shall be filed with the City within five (5) days. The written
report shall specify:
a. The composition of the discharge and the cause thereof.
b. The exact date, time, and estimated volume of the discharge.
c. All measures taken to clean up the accidental discharge, and all
measures proposed to be taken to reduce and prevent any recurrence.
Sec. 26-549 Recordkeeping requirement.
Any person subject to this Article shall retain and preserve for no less than three (3)
years any and all books, drawings, plans, prints, documents, memoranda, reports,
correspondence and records, including records on magnetic or electronic media
and any and all summaries of such records, relating to monitoring, sampling and
chemical analysis of any discharge or stormwater runoff from any property.
Sec. 26-550 through Sec. 26-555 (Reserved)
DIVISION 6
Enforcement
Sec. 26-556 Sanctions for violation.
1. Any person violating any provision of this Article other than Sections 26-531, 26-
536 and 26-538, and except as provided in Subsection (b) of this section, shall be
responsible for a municipal civil infraction and subject to a fine of not less than
$500 for a first offense, and not less than $1,000 for a subsequent offense, plus
costs, damages, expenses, and other sanctions as authorized under Chapter 87
of the Revised Judicature Act of 1961 and other applicable laws, including, without
limitation, equitable relief.
2. Each day such violation occurs or continues 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 provided for in this section are cumulative and in addition to
any other remedies provided by law. An admission or determination of
responsibility shall not exempt the offender from compliance with the
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requirements of this Article.
3. For purposes of this section, “subsequent offense" means a violation of the
provisions of this Article committed by the same person within twelve (12)
months of a previous violation of the same provision of this Article for which said
person admitted responsibility or was adjudicated to be responsible.
4. Any person who neglects or fails to comply with a stop work order issued under
Section 26-557 shall, upon conviction, be guilty of a misdemeanor punishable by
a fine of not more than $500 or imprisonment in the county jail for not more than
93 days, or both such fine and imprisonment, and such person shall also pay
such costs as may be imposed in the discretion of the court.
5. Any person who aids or abets a person in a violation of this Article shall be subject
to the sanctions provided in this section.
Sec. 26-557 Stop work order.
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 issue a stop work
order so as to prevent further or continuing violations or adverse effects. All persons
to whom the stop work order is directed, or who are involved in any way with the
work or matter described in the stop work order, shall fully and promptly comply
therewith. The City may also undertake, or cause to be undertaken, any necessary
or advisable protective measures so as to prevent violations of this Article or to
avoid or reduce the effects of noncompliance herewith. The cost of any such
protective measures shall be the responsibility of the owner of the property upon
which the work was performed.
Sec. 26-558 Failure to comply.
In addition to any other remedies, should any owner fail to comply with the
provisions of this Article, the City may, after the giving of reasonable notice and
opportunity for compliance, have the necessary work done, and the owner shall be
obligated to promptly reimburse the City for all costs of such work.
Sec. 26-559 Emergency measures.
When emergency measures are necessary to moderate a nuisance, to protect
public safety, health and welfare, and/or to prevent loss of life, injury or damage to
property, the City is authorized to carry out or arrange for all such emergency
measures. Property owners shall be responsible for the cost of such measures made
necessary as a result of a violation of this Article and shall promptly reimburse the
City for all of such costs.
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Sec. 26-560 Cost recovery for damage to stormwater drainage system.
A discharger shall be liable for all costs incurred by the City as the result of causing
a discharge that produces a deposit or obstruction, or causes damage to, or impairs
a storm drain, or violates any of the provisions of this Article. Costs include, but are
not limited to, those penalties levied by the EPA or EGLE for violation of an NPDES
permit, attorney fees, and other costs and expenses.
Sec. 26-561 Collection of costs; lien.
Costs incurred by the City pursuant to Sections 26-531, 26-536 and 26-538 shall be
a lien on the premises which shall be enforceable in accordance with the Revenue
Bond Act, Public Act 94 of 1933 (MCL 141.101 et seq.). Any such charges which
are delinquent for six (6) months or more may be certified annually to the City
Treasurer, who shall enter the lien on the next tax roll against the premises and the
costs shall be collected and the lien shall be enforced in the same manner as
provided for in the collection of taxes assessed upon the roll and the enforcement of
a lien for taxes. In addition to any other lawful enforcement methods, the City shall
have all remedies authorized by such Act.
Sec. 26-562 Appeals.
1. Any person to whom any provision of this Article has been applied may appeal
in writing, not later than thirty (30) days after the action or decision being
appealed from, to the City commission the action or decision whereby any such
provision was so applied. Such appeal shall identify the matter being appealed,
and the basis for the appeal. The City commission shall consider the appeal
and make a decision whereby it affirms, rejects or modifies the action being
appealed. In considering any such appeal, the City commission may consider
the recommendations of the City Engineer and the comments of other persons
having knowledge of the matter. In considering any such appeal, the City
commission may grant a variance from the terms of this Article so as to provide
relief, in whole or in part, from the action being appealed, but only upon finding
that the following requirements are satisfied:
a. The application of the Article provisions being appealed will present or
cause practical difficulties for a development or development site;
provided, however, that practical difficulties shall not include the need for
the developer to incur additional reasonable expenses in order to comply
with the Article; and
b. The granting of the relief requested will not substantially prevent the goals
and purposes sought to be accomplished by this Article, nor result in less
effective management of stormwater runoff.
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Sec. 26-563 Suspension of MS4 access.
1. Suspension due to illicit discharges in emergency situations. The City may,
without prior notice, suspend MS4 discharge access to a person when such
suspension is necessary to stop an actual or threatened discharge, which
presents or may present imminent and substantial danger to the environment,
or to the health or welfare of persons, or to the MS4. If the violator fails to
comply with a suspension order issued in an emergency, the City may take such
steps as deemed necessary to prevent or minimize damage to the MS4 or the
environment, or to minimize danger to the health or welfare of persons.
2. Suspension due to the detection of illicit discharge. Any person discharging to the
MS4 in violation of this Article may have the person's MS4 access terminated if
such termination would abate or reduce an illicit discharge. The City will notify a
violator of the proposed termination of the violator's MS4 access. A person
commits an offense if the person reinstates MS4 access to premises terminated
pursuant to this section, without the prior approval of the City.
Sec. 26-564 Tracking enforcement.
The City shall implement a method for tracking instances of non-compliance. The
tracking procedure shall ensure that detailed information about non-compliance and
follow up enforcement action is adequately documented, including at a minimum:
1. Name of the person responsible for violating the ordinance;
2. Date and location of violation;
3. Description of the violation, including how the violation was identified;
4. Description of the enforcement response;
5. Schedule for returning to compliance
6. Date the violation was resolved.
Sec. 26-565 through Sec. 26-570. (Reserved)
DIVISION 7
Stormwater Easements and Maintenance Agreements
Sec. 26-571 Applicability of requirements.
The requirements of this division concerning stormwater easements and
maintenance agreements shall apply to all persons required to submit a drainage
plan to the City for review and approval.
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Sec. 26-572 Stormwater easements.
The developer shall provide all stormwater easements necessary to implement the
approved drainage plan and to otherwise comply with this Article in form and
substance required by the City, and shall record such easements as directed by the
City. The easements shall ensure access for proper inspection and maintenance of
stormwater management facilities and shall provide adequate
emergency overland flow-ways. Easements for private stormwater management
systems shall be conveyed by each landowner to the entity responsible for
operation and maintenance of the stormwater management system. The City will
not accept easements over private stormwater management systems.
Sec. 26-573 Maintenance agreements.
1. A maintenance agreement is required for all developments requiring stormwater
review. The developer shall provide all stormwater maintenance agreements
necessary to implement the approved drainage plan and to otherwise comply
with this Article in form and substance as required by the City. The maintenance
agreement shall be signed and submitted to the City for review and approval at
the time application for a stormwater permit is made. After construction of the
stormwater management system has been verified and approved or accepted by
the City, the Developer shall execute a final maintenance agreement with the
City, record such agreements with the County Register of Deeds, and provide a
copy of the recorded document to the City. The City reserves the right to require
the maintenance agreement be recorded prior to issuance of a stormwater permit.
2. Maintenance agreement provisions. The maintenance agreement shall, among
other matters, ensure access for proper inspection by the City or their designee,
allow for maintenance or corrective actions of stormwater BMPs, and include
provisions for the tracking of maintenance activities, and transfer of operation
and maintenance responsibility to ensure the performance standards are met in
perpetuity.
a. Maintenance Plan. The maintenance agreement shall include a
maintenance plan and schedule for routine, emergency and long-term
maintenance of all structural and vegetative stormwater BMPs installed
and implemented to meet the performance standards, with a detailed
annual estimated budget for the initial three (3) years, and a clear
statement that only future maintenance activities in accordance with the
maintenance plan shall be permitted without the necessity of securing
new permits.
b. Maintenance Documentation. Written notice and submittal of maintenance
documentation shall be provided to the City by the property owner at the
interval set forth in the maintenance agreement and subject to the
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provisions of Sections 26-546 through 26-562.
c. Failure to Perform Maintenance. If it has been found by the City, following
notice and an opportunity to be heard by the property owner, that there
has been a material failure or refusal to undertake maintenance as
required under this Article and/or as required in the approved
maintenance agreement as required hereunder, the City shall then be
i. authorized, but not required, to hire an entity with qualifications and
experience in the subject matter to undertake the monitoring and
maintenance as so required, in which event the property owner
shall be obligated to advance or reimburse payment for all costs
and expenses associated with such monitoring and maintenance,
together with a reasonable administrative fee. The maintenance
agreement required under this Article shall contain a provision
spelling out the requirements; and if the applicant objects in any
respect to such provision or the underlying rights and obligations,
such objection shall be resolved prior to the commencement of
construction of the proposed development on the property. If the
property owner fails to pay the costs incurred by the City under this
Section, the costs shall be a lien on the property and enforced as
provided in Division 6 of Section 26.
3. Tracking Operation and Maintenance. The City shall implement a tracking
system to include procedures for filing and retrieval of all recorded maintenance
agreements, maintenance plans, and stormwater management system maps to
document location and ages of stormwater BMPs. The City shall also track
annual inspection reports required to be submitted from the developer, and any
inspection conducted by the City to document condition of stormwater BMPs and
maintenance performed.
Sec. 26-574 Prohibition of orphan drains.
Prior to issuance of a stormwater permit, all stormwater management systems must
have a single entity responsible for long-term operation and maintenance. The City
will not approve an “orphan” drainage system serving multiple landowners without
recorded stormwater easements and maintenance agreements.
Sec. 26-575 through Sec. 26-580. (Reserved)
DIVISION 8
Performance and Design Standards
Sec. 26-581 Resolution to implement performance and design standards.
The City Commission may adopt a resolution establishing detailed design and
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performance standards for stormwater management facilities, consistent with the
terms of this Article, and in order to further implement the goals and purposes set
forth in this Article. Amendments to the design and performance standards must be
approved by the City Commission.
Sec. 26-582 Performance standards.
In order to achieve the goals and purposes of this Article, sites shall meet the
stormwater management performance standards for water quality treatment, channel
protection, flood control, and other site-specific standards as published in the City’s
Stormwater Management Standards.
Sec. 26-583 Alternatives for meeting performance standards.
1. The City may establish programs and procedures for alternative means to meet the
channel protection performance standard if onsite retention is determined to be
not feasible.
2. Requirements for programs and procedures (if any) adopted by the City are given
in the City’s Stormwater Management Standards.
Sec. 26-584 Design standards.
Stormwater BMPs shall be designed to meet the performance standards as
described in Section 26-582. Stormwater management system design shall be in
accordance with the City’s Stormwater ManagementStandards.
Sec. 26-585 Responsibility to implement best management practices (BMPs).
The owner or operator of a commercial or industrial establishment shall provide, at
the owner’s or operator’s own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the City’s stormwater
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
activity, to the extent practicable, shall be deemed compliance with the provisions of
this section. These BMPs shall be part of a stormwater pollution prevention plan
(SWPPP) as necessary for compliance with requirements of the NPDES permit.
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3. This Ordinance is to become effective ten (10) days after adoption.
Ayes: Ramsey, German, Gorman, Emory, St.Clair, Johnson, and Hood
Nays: None
First Reading: October 25, 2022
Second Reading: N/A
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified Clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 25th day of October,
2022, at which meeting a quorum was present and remained throughout, and that the
meeting was conducted and public notice was given pursuant to and in full compliance
with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were
kept and will be or have been made available as required thereby.
Date: October 25, 2022
________________________________
Ann Marie Meisch, MMC
City Clerk
Publish: Notice of Adoption to be published once within ten (10) days of final
adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on October 25, 2022, the City Commission of the City of
Muskegon repeals Chapter 26, Article V, Section 26 – 300 through Section 26 – 400
and adopts Section 26-500 through 26-585 of the Muskegon City Code, summarized as
follows:
1. Sections 26-300 through 26-400 are repealed.
2. Section 26-500 is adopted to provide Definitions for the Stormwater Management
ordinance.
3. Section 26-501 is adopted to provide Statutory Authority for the Stormwater
Management ordinance.
4. Section 26-502 is adopted to provide Findings for the Stormwater Management
ordinance.
5. Section 26-503F:\EDSI\FILES\00100\1693.02\ORDIN\14Y6777.DOCX is
adopted to provide the Purpose for the Stormwater Management ordinance.
6. Section 26-504 is adopted to provide Applicability, exemptions and general for
the Stormwater Management ordinance.
7. Section 26-505 is adopted to provide Definitions for the Stormwater Management
ordinance.
8. Section 26-511 is adopted to require a stormwater permit for the Stormwater
Management ordinance.
9. Section 26-512 is adopted to provide the review procedures for a stormwater
permit for the Stormwater Management ordinance.
10. Section 26-513 is adopted to provide a drainage plan for the Stormwater
Management ordinance.
11. Section 26-514 is adopted to provide the review fees and escrow for the
Stormwater Management ordinance.
12. Section 26-515 is adopted to provide for a financial guaranty for the Stormwater
Management ordinance.
13. Section 26-516 is adopted to provide for a certificate of occupancy for the
Stormwater Management ordinance.
14. Section 26-517 is adopted to provide a prohibition on altering a stormwater
management facility, except as provided in a drainage plan for the Stormwater
Management ordinance.
15. Section 26-518 is adopted to provide the terms and conditions of a stormwater
permit for the Stormwater Management ordinance.
16. Section 26-526 is adopted to provide the responsibility for a stormwater
management system for the Stormwater Management ordinance.
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17. Section 26-527 is adopted to provide for a stormwater management system for
the Stormwater Management ordinance.
18. Section 26-528 is adopted to provide the primary considerations for a stormwater
management system for the Stormwater Management ordinance.
19. Section 26-529 is adopted to provide for the protection of environmentally
sensitive areas in the stormwater management system for the Stormwater
Management ordinance.
20. Section 26-530 is adopted to provide for flood protection and building openings in
the stormwater management system for the Stormwater Management ordinance.
21. Section 26-531 is adopted to regulate soil erosion and sedimentation control in
the stormwater management system for the Stormwater Management ordinance.
22. Section 26-536 is adopted to prohibit certain discharges in the stormwater
drainage system.
23. Section 26-537 is adopted to provide for discharges exempt for certain non-
stormwater discharges.
24. Section 26-538 is adopted to prohibit the interference with natural and artificial
drains.
25. Section 26-539 is adopted to prohibit the storage of hazardous or toxic materials
in the drainageway.
26. Section 26-546 is adopted to provide for the inspection of sampling of
stormwater.
27. Section 26-547 is adopted to provide for stormwater monitoring facilities.
28. Section 26-548 is adopted to provide for the reporting of accidental discharges.
29. Section 26-549 is adopted to require recordkeeping requirements.
30. Section 26-556 is adopted to provide for sanctions for violations.
31. Section 26-557 is adopted to provide for stop work orders.
32. Section 26-558 is adopted to provide for ramifications for failing to comply with
this ordinance.
33. Section 26-559 is adopted to provide for emergency measures discharges
exempt for certain non-stormwater discharges.
34. Section 26-560 is adopted to provide for cost recovery for damage to a
stormwater drainage system.
35. Section 26-561 is adopted to provide for collection of costs and right to lien
property.
36. Section 26-562 is adopted to provide for a right to appeal discharges exempt for
certain non-stormwater discharges.
37. Section 26-563 is adopted to provide for the suspension of MS4 access.
38. Section 26-564 is adopted to provide for the tracking of enforcement.
39. Section 26-571 is adopted to prescribe the applicability of requirements.
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40. Section 26-572 is adopted to provide for the requirement of stormwater
easements.
41. Section 26-573 is adopted to provide for maintenance agreements.
42.
Section 26-574 is adopted to prohibit orphan drains.
43. Section 26-581 is adopted to provide for resolutions to implement performance
and design standards.
44. Section 26-582 is adopted to provide for performance standards.
45. Section 26-583 is adopted to provide for alternatives for meeting performance
standards.
46. Section 26-584 is adopted to provide for design standards.
47. Section 26-585 is adopted to provide for the responsibility to implement best
management practices (BMPs).
This ordinance is effective 10 days after adoption.
Copies of the ordinance may be viewed and purchased at a reasonable cost at
the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan,
during regular business hours.
This ordinance amendment is effective ten (10) days from the date of this
publication.
Published: November 3, 2022 CITY OF MUSKEGON
By Ann Marie Meisch, MMC
City Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
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