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