§ 92-6. Applicability of stormwater ordinance.

(a)

These procedures and standards set forth in this chapter and the BMP design information found in the most current State of Michigan LID Manual provide minimum standards to be complied with by developers and in no way limit the authority of the city to adopt or publish and/or enforce higher standards as a condition of approval of developments.

(b)

Except for those activities expressly exempted by section 92-7, every development requiring a site plan review in the city shall have either a stormwater plan or detailed construction plans for stormwater BMPs or an engineered site grading plan.

(c)

The applicability of these plans is dependent on the type of activity, as listed below. No development or preparation for development on a site shall occur unless and until an application has been submitted and approved for a stormwater plan or engineered site grading plan.

(d)

Requirement for a stormwater plan . A stormwater plan shall be submitted and reviewed in accordance with requirements of sections 92-10 and 92-11. The stormwater plan must be approved prior to approval of final development plans, site plans, parking lot reconstruction plans, and final preliminary subdivision and condominium plans. The following types of developments require a stormwater plan:

(1)

Land development proposals subject to site plan review requirements in the city's zoning code.

(2)

Subdivision plat proposals.

(3)

Site condominium developments pursuant to the Condominium Act, P.A. 59 of 1978 as amended; MCL 559.101 et seq.

(4)

Any development on property divided by land division where more than three parcels of less than one acre are created.

(5)

Any proposal to mine, excavate, or clear and grade, compact, or otherwise develop one acre or more of land for purposes other than routine single-family residential landscaping and gardening, or any proposal within 500 feet of ordinary high-water mark of an inland lake or stream or wetland.

(6)

Development projects of federal, state, and local agencies and other public entities subject to the city's NPDES permit for municipal separate storm sewer systems.

(7)

Maintenance of a stormwater basin constructed prior to the effective date of the regulations of which this subsection is a part.

(8)

For developments and activities not listed above or specifically exempted in sections 92-7 or 92-8, a stormwater plan shall be submitted and reviewed in accordance with the requirements of sections 92-10 and 92-11, unless otherwise determined by the city engineer or his/her designee(s).

(e)

Requirement for an engineered site grading plan. An engineered site grading plan shall be submitted and reviewed in accordance with requirements of section 92-18. The engineered site grading plan shall be approved by the city engineer or his/her designee prior to the issuance of any building permit. The following types of new construction of single-family housing units require an engineered site grading plan:

(1)

Development on acreage parcels (lot splits) for which a stormwater plan is not required.

(2)

Development on platted subdivision lots.

(3)

Development on site condominium lots.

(Ord. No. 2017-17 , 11-6-17)