Storm Water
Article I - General
Article II – Storm Water Permits
Article III – Storm Water System, Floodplain Standards,
Soil Erosion
Article IV – Prohibitions and Exemptions
Article V – Inspection, Monitoring, Reporting, and Record
Keeping
Article VI – Enforcement
Article VII – Storm Water Easements and Maintenance
Agreements
Article VIII – Performance and Design Standards
Article IX – Other Matters
Resolution 24
Resolution 25
Exhibit A
Ordinance 7 of 2002
As amended by Ord No. 2 of 2008;
5/14/2008
AN ORDINANCE to provide for the regulation and control of storm
water runoff; to provide for storm water permits and the procedures
and standards for the issuance thereof; to provide for payment or
reimbursement of costs and expenses incurred by Cascade Charter
Township associated with storm water permits and the consideration
thereof; to establish standards and requirements for the protection of
floodways and for the control of soil erosion and sedimentation; to
adopt other provisions for the establishing, maintaining and
protection of drains and drainageways; to provide regulations for the
inspection, sampling and monitoring of storm water and other
discharges; to establish performance and design standards for storm
water management in specified zones of Cascade Charter Township; and
to provide penalties for violations of the ordinance.
THE BOARD OF CASCADE CHARTER TOWNSHIP ORDAINS:
Article I -
General
Sec. 1.01 Statutory Authority and Title
This ordinance is adopted in accordance with the Charter Township
Act, as amended, being MCL 42.1, et seq.; the Township and Village
Public Improvement Act, as amended, being MCL 41.721, et seq.; the
Drain Code of 1956, as amended, being MCL 280.1, et seq.; the Land
Division Act, as amended, being MCL 560.1, et seq.; the Revenue Bond
Act, as amended, being MCL 141.101, et seq.; and the Natural Resources
and Environmental Protection Act, as amended, being MCL 324.101, et
seq.; Section 401(p) of the Federal Water Pollution Control Act (also
known as the Clean Water Act), as amended, being 33 USC 1342(p) and 40
CFR Parts 9, 122, 123 and 124; and other applicable state and federal
laws.
This ordinance shall be known and may be cited as the Cascade
Charter Township Storm Water Ordinance.
Sec. 1.02 Findings
The Cascade Charter Township finds that:
(1) Water bodies, roadways, structures, and other property within,
and downstream of the Township are at times subjected to flooding;
(2) Flooding is a danger to the lives and property of the public
and is also a danger to the natural resources of the Township and the
region;
(3) Land development alters the hydrologic response of watersheds,
resulting in increased storm water runoff rates and volumes, increased
flooding, increased stream channel erosion, and increased sediment
transport and deposition;
(4) Storm water runoff produced by land development contributes to
increased quantities of water-borne pollutants;
(5) Increases of storm water runoff, soil erosion, and non-point
source pollution have occurred as a result of land development, and
cause deterioration of the water resources of the Township and
downstream municipalities;
(6) Storm water runoff, soil erosion, and non-point source
pollution, due to land development within the Township, have resulted
in a deterioration of the water resources of the Township and
downstream municipalities;
(7) Increased storm water runoff rates and volumes, and the
sediments and pollutants associated with storm water runoff from
future development projects within the Township will, absent
reasonable regulation and control, adversely affect the Township's
water bodies and water resources, and those of downstream
municipalities;
(8) Storm water runoff, soil erosion, and non-point source
pollution can be controlled and minimized by the regulation of storm
water runoff from development;
(9) Adopting the standards, criteria and procedures contained in
this ordinance and implementing the same will address many of the
deleterious effects of storm water runoff;
(10) Adopting these standards is necessary for the preservation of
the public health, safety and welfare.
Sec. 1.03 Purpose
It is the purpose of this ordinance to establish minimum storm
water management requirements and controls to accomplish, among
others, the following objectives:
(1) To reduce artificially induced flood damage;
(2) To minimize increased storm water runoff rates and volumes from
identified new land development;
(3) To minimize the deterioration of existing watercourses,
culverts and bridges, and other structures;
(4) To encourage water recharge into the ground where geologically
favorable conditions exist;
(5) To prevent an increase in non-point source pollution;
(6) To maintain the integrity of stream channels for their
biological functions, as well as for drainage and other purposes;
(7) To minimize the impact of development upon stream bank and
streambed stability;
(8) To reduce erosion from development or construction projects;
(9) To preserve and protect water supply facilities and water
resources by means of controlling increased flood discharges, stream
erosion, and runoff pollution; and,
(10) To reduce storm water runoff rates and volumes, soil erosion,
and non-point source pollution, wherever practicable, from lands that
were developed without storm water management controls meeting the
purposes and standards of this ordinance.
(11) To reduce the adverse impact of changing land use on water
bodies and, to that end, this ordinance establishes minimum standards
to protect water bodies from degradation resulting from changing land
use where there are insufficient storm water management controls.
Sec. 1.04 Applicability, Exemptions and General Provisions
(1) This ordinance shall apply to any development site which
requires approval of a plat, a site development plan, building permit,
or any other permit for work which will alter storm water drainage
characteristics of the development site, provided, however, that this
ordinance shall not apply to the following:
(a) The installation or removal of individual mobile homes within a
mobile home park. This exemption shall not be construed to apply to
the construction, expansion, or modification of a mobile home park.
(b) Farm operations and farm buildings, except dwellings, directly
related to farm operations. This exemption shall not apply to
livestock production facilities as defined in this ordinance,
greenhouses and other similar structures.
(c) Plats with final plat approval and other developments with
final land use approval before the effective date of this ordinance,
where such approvals remain in effect.
(d) The construction of, or an addition, extension or modification
to, an individual single-family or a two-family detached dwelling.
(e) Construction, development or redevelopment associated with
aeronautical facilities at the Gerald R. Ford International Airport.
Sec. 1.05 Definitions
For the purpose of this ordinance, the following words and phrases
shall have the meanings respectively ascribed to them by this Section
unless the context in which they are used specifically indicates
otherwise:
(1) Aeronautical Facilities - Any and all devices, physical or
otherwise, objects of nature or human-made, which aid and are used in
aeronautics.
(2) Base Flood - A flood having a one (1) percent chance of being
equaled or exceeded in any given year.
(3) Base Flood Elevation - The high water elevation of the Base
Flood, commonly referred to as the "100-year flood
elevation".
(4) Base Flood Plain - The area inundated by the Base Flood.
(5) Best Management Practices (BMPs) - A practice, or combination
of practices and design criteria that comply with the Michigan
Department of Environmental Quality's Guidebook of BMPs for Michigan
Watersheds, or equivalent practices and design criteria that
accomplish the purposes of this ordinance (including, but not limited
to minimizing storm water runoff and preventing the discharge of
pollutants into storm water) as determined by the Township Engineer,
and, where appropriate, the standards of the Kent County Drain
Commissioner.
(6) Building Opening - Any opening of a solid wall such as a window
or door, through which floodwaters could penetrate.
(7) Clean Water Act - The Federal Water Pollution Control Act, 33
USC Sec 1251 et seq., as amended, and the applicable regulations
promulgated thereunder.
(8) Construction Site Storm Water Runoff - Storm water runoff from
a development site following an earth change.
(9) Design Engineer - Registered and licensed professional engineer
responsible for the design of a drainage plan.
(10) Detention - A system which is designed to capture storm water
and release it over a given period of time through an outlet structure
at a controlled rate.
(11) Developed or Development - The installation or construction of
impervious surfaces on a development site that require, pursuant to
state law or local ordinance, the Township approval of a site plan,
plat, site condominium, special land use, planned unit development,
rezoning of land, land division approval, private road approval or
other approvals required for the development of land or the erection
of buildings or structures.
(12) Developer - Any person proposing or implementing the
development of land.
(13) Development Site - Any land that is being or has been
developed, or that a developer proposes for development or that is
subject to an earth change.
(14) Discharger - Any person or entity who directly or indirectly
discharges storm water from any property. Discharger also means any
employee, officer, director, partner, contractor, or other person who
participates in, or is legally or factually responsible for, any act
or omission that is or results in a violation of this ordinance.
(15) Drain - Any drain as defined in the Drain Code of 1956, as
amended, being MCL 280.1, et. seq., other than an established county
or inter-county drain.
(16) Drainage - The collection, conveyance, or discharge of ground
water and/or surface water.
(17) Drainageway - The area within which surface water or ground
water is carried from one part of a lot or parcel to another part of
the lot or parcel or to adjacent land.
(18) Earth Change - Any human activity that removes ground cover,
changes the slope or contours of the land, or exposes the soil surface
to the actions of wind and rain. Earth change includes, but is not
limited to, any excavating, surface grading, filling, landscaping, or
removal of vegetative roots.
(19) EPA - The United States Environmental Protection Agency.
(20) Erosion - The process by which the ground surface is worn away
by action of wind, water, gravity or a combination thereof.
(21) Exempted Discharges - Discharges other than storm water as
specified in Section 4.02 of this ordinance.
(22) Federal Emergency Management Agency (FEMA) - The agency of the
federal government charged with emergency management.
(23) Flood or Flooding - A general and temporary condition of
partial or complete inundation of normally dry land areas resulting
from the overflow of water bodies or the unusual and rapid
accumulation of surface water runoff from any source.
(24) Floodplain - Any land area subject to periodic flooding.
(25) Flood-Proofing - Any structural and/or non-structural
additions, changes, or adjustments to structures or property that
reduce or eliminate flood damage to land, or improvements utilities
and structures.
(26) Flood Protection Elevation (FPE) - The Base Flood Elevation
plus one (1) foot at any given location.
(27) Floodway - The channel of any watercourse and the adjacent
land areas that must be reserved to carry and discharge a base flood
without cumulatively increasing the water surface elevation more than
one-tenth (1/10) of a foot due to the loss of flood conveyance or
storage.
(28) Grading - Any stripping, excavating, filling, and stockpiling
of soil or any combination thereof and the land in its excavated or
filled condition.
(29) Illicit Connection - Any method or means for conveying an
illicit discharge into water bodies or the Township's storm water
system.
(30) Illicit Discharge - Any discharge to water bodies that does
not consist entirely of storm water, discharges pursuant to the terms
of an NPDES permit, or exempted discharges as defined in this
ordinance.
(31) Impervious Surface - Surface that does not allow storm water
runoff to slowly percolate into the ground.
(32) KCDC - Kent County Drain Commissioner.
(33) Livestock Production Facilities - An agricultural activity in
which 100 or more livestock are fed, bred and/or raised within a
confined area, other than an open pasture either inside or outside an
enclosed building.
(34) Lowest Floor - The lowest floor or the lowest enclosed area
(including basement), but not including an unfinished or
flood-resistant enclosure which is usable solely for parking of
vehicles or building access.
(35) MDEQ - Michigan Department of Environmental Quality.
(36) NPDES - National Pollution Discharge Elimination System.
(37) Overland flow-way - Surface area that conveys a concentrated
flow of storm water runoff.
(38) Person - An individual, firm, partnership, association, public
or private corporation, public agency, instrumentality, or any other
legal entity.
(39) Plan - Written narratives, specifications, drawings, sketches,
written standards, operating procedures, or any combination of these
which contain information pursuant to this ordinance.
(40) Pollutant - A substance discharged which includes, but is not
limited to the following: any dredged spoil, solid waste, vehicle
fluids, yard wastes, animal wastes, agricultural waste products,
sediment, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological wastes, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar dirt, and
industrial, municipal, commercial and agricultural waste, or any other
contaminant or other substance defined as a pollutant under the Clean
Water Act.
(41) Property Owner - Any person having legal or equitable title to
property or any person having or exercising care, custody, or control
over any property.
(42) Retention - A system that is designed to capture storm water
and contain it until it infiltrates the soil or evaporates.
(43) Soil Erosion - The stripping of soil and weathered rock from
land creating sediment for transportation by water, wind or ice, and
enabling formation of new sedimentary deposits.
(44) State of Michigan Water Quality Standards - All applicable
State rules, regulations, and laws pertaining to water quality,
including the provisions of Section 3106 of Part 31 of 1994 PA 451, as
amended.
(45) Storm Drain - A system of open or enclosed conduits and
appurtenant structures intended to convey or manage storm water
runoff, ground water and drainage.
(46) Storm Water Permit - A permit issued pursuant to this
ordinance.
(47) Storm Water Runoff - The runoff and drainage of precipitation
resulting from rainfall or snowmelt or other natural event or process.
(48) Storm Water Runoff Facility - The method, structure, area,
system, or other equipment or measures which are designed to receive,
control, store, or convey storm water.
(49) Stream - A river, stream or creek which may or may not be
serving as a drain, or any other water body that has definite banks, a
bed, and visible evidence of a continued flow or continued occurrence
of water.
(50) Township - Cascade Charter Township.
(51) Water Body - A river, lake, stream, creek or other watercourse
or wetlands.
(52) Watershed - A region draining into a water body.
(53) Wetlands - Land characterized by the presence of water at a
frequency and duration sufficient to support wetland vegetation or
aquatic life.
Article II – Storm
Water Permits
Sec. 2.01 Permit Required.
(1) A developer shall not engage in any development without first
receiving a storm water permit from the Township pursuant to Section
2.02.
(2) The granting of a storm water permit shall authorize only such
development for which the permit is required, subject to the terms of
the permit, and it shall not be deemed to approve other development or
other land use activities.
Sec. 2.02 Storm Water Permit Review Procedures (As amended by Ord
no 2 of 2008;
5/14/2008)
The Township shall grant a storm water permit, which may impose
terms and conditions in accordance with Section 2.09, and which shall
be granted only upon compliance with each of the following
requirements:
(1) The developer has submitted a drainage plan complying with
Section 2.03.
(2) The drainage plan contains a description of an adequate,
temporary storm water retention system to prevent construction site
storm water runoff, satisfying the requirements of Section 2.05, and
the developer has obtained a soil erosion permit, if necessary.
(3) The developer provides a permanent on-site storm water system
meeting the requirements of sections 8.01 and 8.02
(4) The developer has paid or deposited the storm water permit
review fee pursuant to Section 2.04.
(5) The developer has paid or posted the applicable financial
guarantee pursuant to Section 2.06.
(6) The developer provides all easements necessary to implement the
approved drainage plan and to otherwise comply with this Ordinance
including, but not limited to, Section 7.02. All easements shall be
acceptable to the Township in form and substance and shall be recorded
with the Kent County Register of Deeds.
(7) The drainage plan is designed in conformity with the Township's
design and performance standards for drains and storm water management
systems, as set forth in Article VIII.
(8) All storm water runoff facilities shall be designed in
accordance with the then-current BMPs.
(9) The developer provides the required maintenance agreement for
routine, emergency, and long-term maintenance of all storm water
runoff facilities and in compliance with the approved drainage plan
and this Ordinance including, but not limited to, Section 7.03. The
maintenance agreement shall be acceptable to the Township in form and
substance and shall be recorded with the Kent County Register of
Deeds.
Sec. 2.03 Drainage Plan.
The developer shall provide a drainage plan to the Township for
review and approval by the Township. The drainage plan shall identify
and contain all of the following:
(1) The location of the development site and water bodies that will
receive storm water runoff.
(2) The existing and proposed topography of the development site,
including the alignment and boundary of the natural drainage courses,
with contours having a maximum interval of one foot (using USGS
datum). The information shall be superimposed on the pertinent Kent
County soil map.
(3) The development tributary area to each point of discharge from
the development.
(4) Calculations for the final peak discharge rates.
(5) Calculations for any facility or structure size and
configuration.
(6) A drawing showing all proposed storm water runoff facilities
with existing and final grades.
(7) The sizes and locations of upstream and downstream culverts
serving the major drainage routes flowing into and out of the
development site. Any significant off-site and on-site drainage outlet
restrictions other than culverts should be noted on the drainage map.
(8) An implementation plan for construction and inspection of all
storm water runoff facilities necessary to the overall drainage plan,
including a schedule of the estimated dates of completing construction
of the storm water runoff facilities shown on the plan and an
identification of the proposed inspection procedures to ensure that
the storm water runoff facilities are constructed in accordance with
the approved drainage plan.
(9) A plan to ensure the effective control of construction site
storm water runoff and sediment track-out onto roadways.
(10) Drawings, profiles, and specifications for the construction of
the storm water runoff facilities reasonably necessary to ensure that
storm water runoff will be drained, stored, or otherwise controlled in
accordance with this ordinance.
(11) A maintenance agreement, in form and substance acceptable to
the Township, for ensuring maintenance of any privately owned storm
water runoff facilities. The maintenance agreement shall include the
developer's written commitment to provide routine, emergency, and
long-term maintenance of the facilities and, in the event that the
facilities are not maintained in accordance with the approved drainage
plan, the agreement shall authorize the Township to maintain any
on-site storm water runoff facility as reasonably necessary, at the
developer's expense.
(12) The name of the engineering firm and the registered
professional engineer that designed the drainage plan and that will
inspect final construction of the storm water runoff facilities.
(13) All design information must be compatible for conversion to
Grand Valley Regional Geographic Information System (REGIS).
(14) Any other information necessary for the Township to verify
that the drainage plan complies with the Township's design and
performance standards for drains and storm water management systems.
Sec. 2.04 Storm Water Permit Review Fees.
(1) At the time of filing an application for a storm water permit,
fees shall be paid to the Township in accordance with the fee schedule
as received and adopted by resolution of the Cascade Charter Township
Board of Trustees.
Sec. 2.05 Construction Site Runoff Controls
Before making any earth change on a development site regulated by
this ordinance, the developer shall first obtain a soil erosion permit
issued in accordance with Part 91 of Act No. 451 of the Public Acts of
1994, as amended, if one is required. The developer shall install
storm water runoff facilities and shall phase the development
activities to prevent construction site storm water runoff and
off-site sedimentation. During all construction activities on the
development site, the Township Engineer may inspect the development
site to ensure compliance with the approved construction site runoff
controls.
Sec. 2.06 Financial Guarantee
(1) A storm water permit shall not be issued unless the permittee
shall first post with the Township a bond executed by the landowner
and a corporate surety with authority to do business in the State of
Michigan as a surety.
(2) The bond shall be in a form approved by the Township, payable
to the Township and in the amount of the estimated total cost to
implement the storm water plan. The total cost shall be estimated by
the Applicant and reviewed by the Township. In lieu of a surety bond,
the applicant may file with the Township, a Letter of Credit or cash
deposit in the amount equal to that which would be required for the
surety bond.
(3) Every bond and instrument of credit shall include and every
cash deposit shall be made on the conditions that the permittee shall
comply with all of the provisions of this Ordinance and all of the
terms and conditions of the storm water permit, and shall complete all
of the work contemplated under the storm water permit within the time
limit specified in the storm water permit, or if no time limit is
specified, within 180 days after the date of the issuance of the storm
water permit.
Sec. 2.07 Certificate of Occupancy
No certificate of occupancy shall be issued until storm water
runoff facilities have been completed in accordance with the approved
drainage plan; provided, however, the Township may issue a certificate
of occupancy if an acceptable letter of credit or other financial
guarantee has been submitted to the Township, for the timely and
satisfactory construction of all storm water runoff facilities and
site grading in accordance with the approved drainage plan.
Sec. 2.08 No Change in Approved Facilities
Storm water runoff facilities, after construction and approval,
shall be maintained in good condition, in accordance with the approved
drainage plan, and shall not be subsequently altered, revised or
replaced except in accordance with the approved drainage plan, or in
accordance with approved amendments or revisions in the plan.
Sec. 2.09 Terms and Conditions of Permits
In granting a storm water permit, the Township may impose such
terms and conditions as are reasonably necessary to make the purposes
of this ordinance. A developer shall comply with such terms and
conditions.
Article III –
Storm Water System, Floodplain and Other Standards, Soil Erosion
Control
Sec. 3.01 Management of and Responsibility for Storm Water System
The Township is not responsible for providing drainage facilities
on private property for the management of storm water on said
property. It shall be the responsibility of the property owner to
provide for, and maintain, private storm water runoff facilities
serving the property and to prevent or correct the accumulation of
debris that interferes with the drainage function of a water body.
Sec. 3.02 Storm Water System
All storm water runoff facilities shall be constructed and
maintained in accordance with all applicable federal, state and local
ordinances, and rules and regulations.
Sec. 3.03 Storm Water Discharge Rates and Volumes As amended by
Ord no 2 of 2008; 5/14/2008
The Township is authorized to establish minimum design standards
for storm water discharge release rates and to require dischargers to
implement on-site retention, detention or other methods necessary to
control the rate and volume of surface water runoff discharged into
the storm water drainage system, on any site which will be developed,
re-developed, or modified.
Sec. 3.04 Floodplain Standards
(1) All new buildings and substantial improvements to existing
buildings shall be protected from flood damage up to the Flood
Protection Elevation (FPE) and shall be in accordance with all
applicable federal, state and local ordinances, and rules and
regulations. Floodway alteration shall be permitted only upon review
and approval by the Township, in accordance with an approved drainage
plan.
(2) A drainage plan providing for the filling or alteration of a
floodway may include provisions for maintaining stability of the banks
of streams or other water bodies, by means of the establishing of
buffer zones and other means of providing protection of the slopes and
banks of water bodies.
(3) Within any required buffer zone, no earth change shall take
place except in accordance with the approved drainage plan. Such a
plan may also include provisions for the replacement of floodplain
storage volume, where such storage volume is lost or diminished
because of approved development.
Sec. 3.05 Soil Erosion and Sedimentation Control
(1) All persons who cause, in whole or in part, any earth change to
occur shall provide soil erosion and sedimentation control so as to
adequately prevent soils from being eroded and discharged or deposited
onto adjacent properties or into a storm water drainage system, a
public street or right of way, wetland, creek, stream, water body, or
floodplain. All development shall be in accordance with all applicable
federal, state and local ordinances, rules and regulations.
(2) During any earth change that exposes soil to an increased risk
of erosion or sediment track-out, the property owner and other persons
causing or participating in the earth change shall do the following:
(a) Comply with the storm water management standards of this
ordinance.
(b) Obtain and comply with the terms of a soil erosion and
sedimentation control permit if required by law.
(c) Prevent damage to any public utilities or services within the
limits of grading and within any routes of travel or areas of work of
construction equipment.
(d) Prevent damage to or impairment of any water body on or near
the location of the earth change or affected thereby.
(e) Prevent damage to adjacent or nearby land.
(f) Apply for all required approvals or permits prior to the
commencement of work.
(g) Proceed with the proposed work only in accordance with the
approved plans and in compliance with this ordinance.
(h) Maintain all required soil erosion and sedimentation control
measures, including but not limited to, measures required for
compliance with the terms of this ordinance.
(i) Promptly remove all soil, sediment, debris, or other materials
applied, dumped, tracked, or otherwise deposited on any lands, public
streets, sidewalks, or other public ways or facilities, including
catch basins, storm sewers, ditches, drainage swales, or water bodies.
Removal of all such soil, sediment, debris or other materials within
twenty-four (24) hours shall be considered prima facie compliance with
this requirement, unless such materials present an immediate hazard to
public health and safety.
(j) Refrain from grading lands at locations near or adjoining
lands, public streets, sidewalks, alleys, or other public or private
property without providing adequate support or other measures so as to
protect such other lands, streets, sidewalks or other property from
settling, cracking or sustaining other damage.
(k) Request and obtain inspection of soil erosion and sedimentation
control facilities, by the Township at such frequency as required by
the Township.
Sec. 3.06 Building Openings
(1) No building opening shall be constructed below the following
elevations:
(a) One foot above the 100-year floodplain.
(b) The building opening established at the time of plat or
development approval and on file in the Township Engineering
Department.
(c) Three feet above the top of any downstream culvert.
(d) Four feet above the bottom of any permanent and defined drain.
(2) A waiver from elevations stated in Section 3.05(1) may be
granted by the Township Engineer following receipt of a certification
from a registered professional engineer demonstrating that the
proposed elevation does not pose a risk of flooding.
(3) Upon completion of construction of the structure's foundation
and or slab on grade, a registered land surveyor shall certify any
minimum building opening elevation specified by this ordinance. This
certificate shall attest that the building opening elevation complies
with the standards of this ordinance. The permittee for the building
permit shall submit the certificate to the Township Building
Inspections official before the commencement of framing and/or
structural steel placement. If the surveyor should find that the
minimum building opening elevation is below the elevation specified in
Section 3.06(1)(b) or (c), that opening must be raised using a method
that meets with the approval of the Township. After reconstruction, a
registered land surveyor or engineer shall re-certify that the minimum
building opening elevation complies with the standards of this
ordinance before the commencement of framing and or structural steel
placement.
Sec. 3.07 Sump Pump Discharge
(1) Whenever building footing drains are required or utilized, a
direct connection between the footing drains through a sump pump-check
valve system to a storm sewer is required. A gravity system is not
permitted.
(2) A storm water lateral shall be provided for each parcel at the
time of storm sewer construction.
Sec. 3.08 Public Health, Safety and Welfare
Protection of the public health, safety and welfare shall be a
primary consideration in the design of all storm water runoff
facilities.
Article IV –
Prohibitions and Exemptions
Sec. 4.01 Prohibited Discharges
(1) No person shall discharge to a water body, directly or
indirectly, any substance other than storm water or an exempted
discharge. Any person discharging storm water shall effectively
prevent pollutants from being discharged with the storm water, except
in accordance with best management practices.
(2) The Township is authorized to require dischargers to implement
pollution prevention measures, utilizing BMPs, necessary to prevent or
reduce the discharge of pollutants into the Township's storm water
drainage system.
Sec. 4.02 Exempted Discharges
The following non-storm water discharges shall be permissible, if
they do not result in a violation of State of Michigan water quality
standards:
Water supply line flushing
Landscape irrigation
Diverted stream flows
Rising ground water
Uncontaminated ground water infiltration to storm drains
Uncontaminated pumped ground water
Discharges from potable water sources
Foundation drains
Air conditioning condensate
Individual residential car washing
Dechlorinated swimming pool water
Street wash water
Discharges or flows from emergency fire fighting activities
Discharges for which a specific federal or state permit has been
issued.
Sec. 4.03 Interference with Natural or Artificial Drains
(1) It shall be unlawful for any person to stop, fill, dam,
confine, pave, alter the course of, or otherwise interfere with any
natural or constructed drain, or drainageway without first submitting
a drainage plan to the Township and receiving approval of that plan.
Any deviation from the approved plan is a violation of this ordinance.
This section shall not prohibit, however, necessary emergency action
to prevent or mitigate drainage that would be injurious to the
environment, the public health, safety, or welfare.
(2) No filling, blocking, fencing or above-surface vegetation
planting shall take place within a floodway.
(3) For an overland flow-way:
(a) Silt screen fences shall not be permitted below the top of the
bank of a water body.
(b) Chain link fences shall be permitted if the Township determines
that the fence will not obstruct or divert the flow of water.
(c) If a fence is removed by the Township for drain access or drain
maintenance, the fence shall be replaced by the owner of the fence at
the owner's expense.
(d) No shrubs or trees shall be planted below the top of the bank
of a water body.
(4) Shrubs, trees or other above-ground vegetation shall not be
planted over the top of an underground storm sewer or over the top of
the easement within which the storm sewer has been installed.
Sec. 4.04 Storage of Hazardous or Toxic Materials in Drainageway
Except as permitted by law, it shall be unlawful for any person to
store or stockpile within a drainageway any hazardous or toxic
materials unless adequate protection and/or containment has been
provided so as to prevent any such materials from entering a
drainageway.
Article V –
Inspection, Monitoring, Reporting, and Record Keeping.
Sec. 5.01 Inspection and Sampling
To assure compliance with the standards in this pervasively
regulated area, the Township may inspect and/or obtain storm water
samples from storm water runoff facilities of any discharger to
determine compliance with the requirements of this ordinance. Upon
request, the discharger shall allow the Township's properly identified
representative to enter upon the premises of the discharger at all
hours necessary for the purposes of such inspection or sampling. The
Township shall provide the discharger reasonable advance notice of
such inspection and/or sampling. The Township or its properly
identified representative may place on the discharger's property the
equipment or devices used for such sampling or inspection.
Sec. 5.02 Storm Water Monitoring Facilities
A discharger of storm water runoff shall provide and operate
equipment or devices for the monitoring of storm water runoff, so as
to provide for inspection, sampling, and flow measurement of each
discharge to a water body or a storm water runoff facility, when
directed in writing to do so by the Township. The Township may require
a discharger to provide and operate such equipment and devices if it
is necessary or appropriate for the inspection, sampling and flow
measurement of discharges in order to determine whether adverse
effects from or because of such discharges may occur. All such
equipment and devices for the inspection, sampling and flow
measurement of discharges shall be installed and maintained in
accordance with applicable laws, ordinances and regulations.
Sec. 5.03 Accidental Discharges
(1) Any discharger who accidentally discharges into a water body
any substance other than storm water or an exempted discharge shall
immediately inform the Township concerning the discharge. If such
information is given orally, a written report concerning the discharge
shall be filed with the Township within five (5) days. The written
report shall specify:
(a) The composition of the discharge and the cause thereof.
(b) The exact date, time, and estimated volume of the discharge.
(c) All measures taken to clean up the accidental discharge, and
all measures proposed to be taken to reduce and prevent any
recurrence.
(d) The name and telephone number of the person making the report,
and the name of a person who may be contacted for additional
information on the matter.
(2) A properly reported accidental discharge shall be an
affirmative defense to a civil infraction proceeding brought under
this ordinance against a discharger for such discharge. It shall not,
however, be a defense to a legal action brought to obtain an
injunction, to obtain recovery of costs or to obtain other relief
because of or arising out of the discharge. A discharge shall be
considered properly reported only if the discharger complies with all
the requirements of Section 5.03(1).
Sec. 5.04 Record Keeping Requirement
Any person subject to this ordinance shall retain and preserve for
no less than three (3) years any and all books, drawings, plans,
prints, documents, memoranda, reports, correspondence and records,
including records on magnetic or electronic media and any and all
summaries of such records, relating to monitoring, sampling and
chemical analysis of any discharge or storm water runoff from any
property.
Article VI –
Enforcement
Sec. 6.01 Sanctions for Violation
(1) Any person violating any provision of this ordinance shall be
responsible for a municipal civil infraction and subject to a fine of
not less than $500 for a first offense, and not less than $1,000 for a
subsequent offense, plus costs, damages, expenses, and other sanctions
as authorized under Chapter 87 of the Revised Judicature Act of 1961
and other applicable laws, including, without limitation, equitable
relief; provided, however, that the violation stated in Section
6.01(2) shall be a misdemeanor. Each day such violation occurs or
continues shall be deemed a separate offense and shall make the
violator liable for the imposition of a fine for each day. The rights
and remedies provided for in this section are cumulative and in
addition to any other remedies provided by law. An admission or
determination of responsibility shall not exempt the offender from
compliance with the requirements of this ordinance.
For purposes of this section, "subsequent offense" means
a violation of the provisions of this ordinance committed by the same
person within 12 months of a previous violation of the same provision
of this ordinance for which said person admitted responsibility or was
adjudicated to be responsible.
The Township Manager or Planning Director is authorized to issue
municipal civil infraction citations to any person alleged to be
violating any provision of this ordinance.
(2) Any person who neglects or fails to comply with a stop work
order issued under Section 6.02 shall, upon conviction, be guilty of a
misdemeanor, punishable by a fine of not more than $500 or
imprisonment in the county jail for not more than 93 days, or both
such fine and imprisonment, and such person shall also pay such costs
as may be imposed in the discretion of the court.
(3) Any person who aids or abets a person in a violation of this
ordinance shall be subject to the sanctions provided in this section.
Sec. 6.02 Stop Work Order
Where there is work in progress that causes or constitutes in whole
or in part, a violation of any provision of this ordinance, the
Township is authorized to issue a Stop Work Order to prevent further
or continuing violations or adverse effects. All persons to whom the
stop work order is directed, or who are involved in any way with the
work or matter described in the stop work order shall fully and
promptly comply therewith. The Township may also undertake or cause to
be undertaken, any necessary or advisable protective measures to
prevent violations of this ordinance or to avoid or reduce the effects
of noncompliance herewith. The cost of any such protective measures
shall be the responsibility of the owner of the property upon which
the work is being done and the responsibility of any person carrying
out or participating in the work, and such cost shall be a lien upon
the property.
Sec. 6.03 Failure to Comply; Completion
In addition to any other remedies, should any owner fail to comply
with the provisions of this ordinance, the Township may, after the
giving of reasonable notice and opportunity for compliance, have the
necessary work done, and the owner shall be obligated to promptly
reimburse the Township for all costs of such work.
Sec. 6.04 Emergency Measures As amended by Ord no 2 of 2008;
5/14/2008
When emergency measures are necessary to moderate a nuisance, to
protect public safety, health and welfare, and/or to prevent loss of
life, injury or damage to property, the Township is authorized to
carry out or arrange for all such emergency measures. Property owners
shall be responsible for the cost of such measures made necessary as a
result of a violation of this ordinance, and shall promptly reimburse
the Township for all of such costs.
Sec. 6.05 Cost Recovery for Damage to Storm Drain System
A discharger shall be liable for all costs incurred by the Township
as the result of causing a discharge that produces a deposit or
obstruction, or causes damage to, or impairs a storm drain, or
violates any of the provisions of this ordinance. Costs include, but
are not limited to, those penalties levied by the EPA or MDEQ for
violation of an NPDES permit, attorney fees, and other costs and
expenses.
Sec. 6.06 Collection of Costs; Lien
Costs incurred by the Township and the Drain Commissioner pursuant
to Sections 6.02, 6.03, 6.04 and 6.05 shall be a lien on the premises
which shall be enforceable in accordance with Act No. 94 of the Public
Acts of 1933, as amended from time to time. Any such charges which are
delinquent for six (6) months or more may be certified annually to the
Township Treasurer who shall enter the lien on the next tax roll
against the premises and the costs shall be collected and the lien
shall be enforced in the same manner as provided for in the collection
of taxes assessed upon the roll and the enforcement of a lien for
taxes. In addition to any other lawful enforcement methods, the
Township or the Drain Commissioner shall have all remedies authorized
by Act No. 94 of the Public Acts of 1933, as amended.
Sec. 6.07 Appeals
Any person as to whom any provision of this ordinance has been
applied may appeal in writing, not later than 30 days after the action
or decision being appealed from, to the Township Board the action or
decision whereby any such provision was so applied. Such appeal shall
identify the matter being appealed, and the basis for the appeal. The
Township Board shall consider the appeal and make a decision whereby
it affirms, rejects or modifies the action being appealed. In
considering any such appeal, the Township Board may consider the
recommendations of the Township Engineer and the comments of other
persons having knowledge of the matter. In considering any such
appeal, the Township Board may grant a variance from the terms of this
ordinance to provide relief, in whole or in part, from the action
being appealed, but only upon finding that the following requirements
are satisfied:
(1) The application of the ordinance provisions being appealed will
present or cause practical difficulties for a development or
development site; provided, however, that practical difficulties shall
not include the need for the developer to incur additional reasonable
expenses in order to comply with the ordinance; and
(2) The granting of the relief requested will not substantially
prevent the goals and purposes sought to be accomplished by this
ordinance, nor result in less effective management of storm water
runoff.
Article VII –
Storm Water Easements and Maintenance Agreements
Sec. 7.01 Applicability of Requirements
The requirements of this Article concerning storm water easements
and maintenance agreements shall apply to all persons required to
submit a drainage plan to the Township for review and approval.
Sec. 7.02 Storm Water Management Easements
The developer shall provide all storm water management easements
necessary to implement the approved drainage plan and to otherwise
comply with this ordinance in form and substance required by the
Township and shall record such easements as directed by the Township.
The easements shall assure access for proper inspection and
maintenance of storm water runoff facilities and shall provide
adequate emergency overland flow-ways.
Sec. 7.03 Maintenance Agreements
The developer shall provide all storm water maintenance agreements
necessary to implement the approved drainage plan and to otherwise
comply with this ordinance in form and substance as required by the
Township, and shall record such agreements as directed by the
Township. The maintenance agreements shall, among other matters,
assure access for proper inspection and maintenance of storm water
runoff facilities and adequate emergency overland flow-ways.
Sec. 7.04 Establishment of County Drains
Before final approval, all storm water management facilities for
platted subdivisions shall be established as county drains, as
authorized in Section 433, Chapter 18 of the Michigan Drain Code (P.A.
40 of 1956, as amended) for long-term maintenance.
Article VIII –
Performance and Design Standards
Sec. 8.01 Performance Standards
In order to achieve the goals and purposes of this ordinance, the
following three storm water management zones (Zones A, B and C) are
hereby established. The Zones are shown on the map attached as
Appendix A and made a part of this ordinance.
(1) Zone A represents areas that require the most protective storm
water management regulations. The goal of this zone is to preserve the
natural condition of water bodies included in it, in whole or in part.
Zone A has, in general, little impervious surface area and few storm
water facilities. In this zone, when site conditions permit,
infiltration of storm water runoff shall be required, rather than the
directed flow of storm water runoff into water bodies. This storm
water management practice provides greater protection for surface
water quality, and assists in augmenting stream base flow, reduction
of flash storm flows and prevention of stream bank erosion. Section
8.02 specifies design criteria for Zone A, in order that the volume
and rate of storm water runoff are controlled at predevelopment
levels.
(2) Zone B represents developed areas that have significant
impervious surfaces and storm water runoff facilities in place. The
goal of Zone B is the control of storm water runoff in order to
prevent further destabilizing of streams and other water bodies. In
this zone, the use of detention ponds, the maintenance and enhancement
of buffer strips and other measures to reduce directly-connected
impervious areas are specified in Section 8.02 for the achieving of
the storm water management standards applicable to Zone B. The
management practices for this zone are intended to maintain existing
water quality and to alleviate adverse downstream impact on water
bodies.
(3) Zone C consists of highly urbanized areas, or areas where there
has been significant modification of drainageways. Areas with adequate
conveyance capacity for a 100-year storm to a river or lake may also
be located in Zone C. Among the measures required in Zone C, as stated
in Section 8.02, are the use of sediment basins, the maintenance and
enhancement of buffer strips along water bodies and the reduction of
impervious surface areas that are directly connected to water bodies.
An important element of storm water management practice in Zone C is
the control and prevention of sedimentation, in order to reduce
pollution of water bodies.
Sec. 8.02 Design Standards As amended by Ord no 2 of 2008;
5/14/2008
1) Storm Zone A Flood Control Requirements:
a. Utilize retention ponds (above or below grade) and infiltration to
the greatest extent possible as allowed by the local soil conditions
b. Design shall be in accordance with the Kent County Drain
Commissioner's Development Drainage Rules for Retention Ponds with the
following modifications:
i. A minimum of two soil borings extending a minimum of 10 feet below
each proposed basin bottom with sieve/permeability analysis of the
soil in the 10 feet immediately below each proposed basin bottom.
ii. Retention basins shall be designed to store runoff from a single
100 year storm event
c. If soil condition do not permit infiltration, storm water
facilities will satisfy one of the following:
i. Provide a permanent on-site storm water system with a restricted
outlet sufficient to provide on-site detention of storm water runoff
in a twenty-five (25) year storm event, and a direct connection
(overland or underground) for all storm water runoff that will be
discharged from and through the development site in a one hundred
(100) year storm event; or
ii. Provide a permanent on-site storm water system with a restricted
outlet designed to provide on-site detention or on-site retention of
storm water runoff in a one hundred (100) year storm event.
2) Storm Zone B Flood Control Requirements must satisfy one of the
following:
a) Provide a permanent on-site storm water system with a restricted
outlet sufficient to provide on-site detention or on-site retention of
storm water runoff in a twenty-five (25) year storm event, and a
direct connection (overland or underground) for all storm water runoff
that will be discharged from and through the development site in a one
hundred (100) year storm event; or
b) Provide a permanent on-site storm water system with a restricted
outlet designed to provide on-site detention or on-site retention of
storm water runoff in a one hundred (100) year storm event.
3) The following shall be in accordance with the Kent County Drain
Commissioner's Development Drainage Rules:
a. Design storm duration and distribution
b. Required Calculation Methods
c. Emergency Spillway Design
4) If proposed site grading changes the surface area contributing
to specific discharge points on the site, storm water control release
rates shall be based on pre-development contributing areas.
5) All storm water control systems shall be designed to convey
storm water from off-site around, not through, the proposed on-site
storm water system and shall be provide pass-through capacity of the
25 year storm event for all off-site drainage, provided a 100 year
floodway is available.
6) Storm systems designed to work in-line with drainage courses
conveying off-site drainage shall be subject to special review and may
be subject to more stringent requirements.
7) On-site storm water conveyance systems shall be designed to
convey storm water runoff from a ten (10) year storm event using
Manning's Equation for full flow capacity calculations
8) Water quality controls for Storm Zone C and equivalent treatment
for Storm Zones A and B shall be designed to meet a removal efficiency
of 75% for a very fine sand (settling velocity of 0.03-feet per
second)
a. Removal efficiency of sediment basins shall be determined with
the following formula: E = 1-(1+ AV/NQ)-N
E = 75% removal efficiency (decimal form)
A = Basin surface ares (sf)
V = Particle velocity (0.03 ft/sec)
N = Number of sediment cells
Q = Inflow (cfs)
9) All underground detention/retention basins shall have water
quality controls to prevent sediment from entering the
detention/retention system. Access for maintenance and sediment
removal shall be provided.
10) The design standards for storm water runoff facilities for
Zones A, B and C, as described in Section 8.01, also include the
following:
 |
|
Zone A |
Zone B |
Zone C |
 |
| |
Storm Water Management
Standards |
Use infiltration basins,
infiltration trenches,
extended detention basins, and/or constructed wetlands.
Maintain and enhance buffer strips.
|
Use detention ponds;
maintain and enhance buffer strips, and reduce directly
connected impervious area. |
Use sediment basins, maintain
and enhance buffer strips, and reduce directly connected
impervious area. |
|
|
|
|
|
|
|
| |
Water Quality Control |
Detain the first 0.5" of
runoff from the contributing watershed, with
infiltration where conditions permit, with 24 hours of
detention, or provide equivalent treatment |
Detain the first 0.5" of
runoff from the contributing watershed for 24 hours or
provide equivalent treatment. |
Provide sedimentation control
within the drainage system. |
|
|
|
|
|
|
|
| |
Bank Erosion Control |
Rate of release shall be
limited to 0.05 cfs/acre for a 2-year storm event. |
Storm water runoff shall not
exceed the capacity of the downstream conveyance system. |
Storm water runoff shall not
exceed the capacity of the downstream conveyance system.
|
|
|
|
|
|
|
|
| |
Flood Control |
Detention with infiltration
when conditions permit.
Release rate of 0.13 cfs/acre per KCDC rules. |
Release rate of 0.13 cfs/acre
per KCDC rules. |
Direct conveyance of storm
water runoff within the capacity of downstream system. |
|
|
|
Sec. 8.03 Resolution to Implement Performance and Design Standards
The Cascade Charter Township Board may adopt a resolution
establishing more detailed design and performance standards for storm
water runoff facilities, consistent with the terms of this ordinance,
and in order to further implement its goals and purposes.
Article IX – Other
Matters
Sec. 9.01 Interpretation
Words and phrases in this ordinance shall be construed according to
their common and accepted meanings, except that words and phrases
defined in Section 1.05 shall be construed according to the respective
definitions given in that section. Technical words and technical
phrases that are not defined in this ordinance but which have acquired
particular meanings in law or in technical usage shall be construed
according to such meanings.
Sec. 9.02 Catch-Line Headings
The catch-line headings of the articles and sections of this
ordinance are intended for convenience only, and shall not be
construed as affecting the meaning or interpretation of the text of
the articles or sections to which they may refer.
Sec. 9.03 Severability
The provisions of this ordinance are hereby declared severable, and
if any court of competent jurisdiction should declare any part or
provision of this ordinance invalid or unenforceable, such invalidity
or unenforceability shall not affect any other part or provision of
the ordinance.
Sec. 9.04 Other Ordinances
This ordinance shall be in addition to other ordinances of Cascade
Charter Township, and shall not be deemed to repeal or replace other
ordinances or parts thereof except to the extent that such repeal is
specifically provided for in this Article.
Sec. 9.05 Effective Date
This ordinance shall become effective, following its publication or
following the publication of a summary of its provisions in the Grand
Rapids Press, a local newspaper of general circulation.
Sec. 9.06 Ordinance Adoption
The foregoing Ordinance was offered by Board Member Goodyke,
supported by Board Member Fox. The roll call vote being as follows:
YEAS: Beahan, Koessel, Carpenter, Julien, Fox, Goldberg
NAYS: None
ABSENT: None
ORDINANCE DECLARED ADOPTED.
By Ron Goodyke Township Clerk
CERTIFICATION
I hereby certify the above to a true copy of an Ordinance adopted by
the Cascade Charter Township Board at a regular meeting held at the
Cascade Library - Wisner Center on the 14th day of May, 2008, at 7:00
p.m., pursuant to the required statutory procedures.
By Ron Goodyke Township Clerk
Resolution 24
of 2002
Whereas, on May 22, 2002, the Cascade Charter Township Board
adopted Ordinance No.7 of 2002, the Storm Water Ordinance;
Whereas, Section 8.03 of said ordinance provides that Cascade
Charter Township may adopt by resolution additional design and
performance standards for water runoff facilities, consistent with the
terms of the ordinance, in order to further implement its goals and
purposes;
Whereas, the Cascade Charter Township Board now desires to adopt
such additional design and performance standards for storm water
runoff facilities and other standards pertaining to storm water
management.
It Is Therefore Resolved As Follows:
Section 1. Storm Water Management Zones.
The performance standards stated in Section 8.01 of said ordinance
are hereby supplemented as follows:
a) In any single development site, up to three different detention
volumes may be calculated to determine the staged outlet elevations:
(1) water quality control, (2) bank erosion control, and (3) flood
control. The volumes are not intended to be additive; the flood
control volume shall include the water quality and bank erosion
control volumes.
b) The default flood control volume shall be based on detaining the
25-year storm frequency so long as the downstream storm water
conveyance system has adequate capacity and includes an acceptable
emergency overland floodway. If the design engineer determines the
downstream conveyance system is not adequate or an acceptable
emergency overland floodway does not exist, then the flood control
volume shall be based on detaining the 100-year storm.
Section 2. Flood Plain Protection.
Section 8.01of said ordinance is supplemented as follows:
a) Natural floodway filling or alteration shall not be allowed
without review and approval by Cascade Charter Township and compliance
with the Floodplain Regulatory Authority found in Part 31, Water
Resource Protection, of the Natural Resources and Environmental
Protection Act, 1994 PA 451, as amended (NREPA) on watercourses with
contributing drainage are of 2 square miles or greater. If floodway
has not been mapped, the applicant's consultant shall provide the
floodway delineation to Cascade Charter Township for approval.
b) Natural floodway fringe filling or alteration shall not be
allowed without review and approval by Cascade Charter Township and
compliance with the Floodplain Regulatory Authority found in Part 31,
Water Resource Protection, of the Natural Resources and Environmental
Protection Act, 1994 PA 451, as amended (NREPA) on watercourses with
contributing drainage are of 2 square miles or greater. If floodway
has not been mapped, the applicant's consultant shall provide the
floodway delineation to Cascade Charter Township for approval.
c) To provide for stream bank stability a buffer zone is to be
established and called out on a recorded plat, an approved block
grading plan, a site plan or an improvement plan. This zone shall
consist of existing natural tree and vegetation slope protection
within a minimum of 24 feet from the ordinary high-water mark.
d) Replacement of lost floodplain shall meet the following
criteria.
a. Replacement of the loss of floodplain storage volume at a 1 to 1
ratio unless watershed conditions warrant a higher ratio. This applies
to floodplain associated with rainfall events up to a 100-year
frequency. The grading plan shall provide for an equivalent volume of
storage for floodplains associated with more frequent events such as
10 and 25-year frequencies.
b. Storm water detention does not apply toward the replacement volume.
c. Floodplain storage volume shall be computed above the seasonal high
ground water level only.
d. The inflow and outflow rates to the area shall be consistent with
predevelopment rates.
e. Up to 50% of the floodplain mitigation storage volume may be used
for snow storage.
f. The proximity of the floodplain mitigation area shall provide for
an equivalent hydrologic impact to the receiving stream and adjacent
parcels.
The foregoing Resolution was offered by Board Member Jones,
supported by Board Member Carpenter. The roll call vote being as
follows:
YEAS: Goodyke, Timmons, Carpenter, Julien, Jones
NAYS:
ABSENT: Kleinheksel, Parrish
RESOLUTION DECLARED ADOPTED.
Jean E Neve Deputy Township Clerk
CERTIFICATION
I hereby certify the above to a true copy of a resolution adopted by
the Cascade Charter Township Board at a regular meeting held at the
Township Museum Building on the 22nd day of May, 2002 pursuant to the
required statutory procedures.
Dated: May 23, 2002
Jean E Neve
Deputy Township Clerk
Resolution 25
of 2002
Whereas, Cascade Charter Township administers various operations
which require service or administrative fees.
Whereas, Cascade Charter Township from time to time reviews and
evaluates its administrative and service costs to insure that the fees
assessed are in line with the cost to provide such service.
Now, Therefore, Be It Resolved that Cascade Charter Township hereby
adopts the attached Cascade Charter Township Storm Water Permit Fee
Schedule (Exhibit A), which shall become effective upon the
publication date of the Storm Water Ordinance (Ordinance # 7 of 2002).
And, Be It Further Resolved that this action shall not limit the
Township Board from waiving all or part of any fee or administrative
review rate upon direct appeal by the applicant.
The foregoing Resolution was offered by Board Member Goodyke,
supported by Board Member Jones. The roll call vote being as follows:
YEAS: Timmons, Goodyke, Carpenter, Julien, Jones
NAYS:
ABSENT: Kleinheksel, Parrish
RESOLUTION DECLARED ADOPTED.
Jean E Neve Deputy Township Clerk
CERTIFICATION
I hereby certify the above to a true copy of a resolution adopted by
the Cascade Charter Township Board at a regular meeting held at the
Township Museum Building on the 22nd day of May, 2002 pursuant to the
required statutory procedures.
Dated: May 23, 2002
Jean E Neve
Deputy Township Clerk
EXHIBIT A
Cascade Charter Township Storm Water Permit Fee Schedule
At the time of application for a storm water permit, the applicant
shall deposit with the Township Clerk, as an escrow deposit, an
initial amount of $500. Any excess funds remaining in the escrow
account after the application has been fully processed, reviewed, and
the final Township approval and acceptance of the storm water plan has
occurred, will be refunded to the applicant with no interest to be
paid on those funds. If the funds in the account are reduced to less
than the required initial amount, the applicant shall deposit an
additional $500 into the account, before the application review
process will be continued. Additional amounts may be required to be
placed in the escrow account by the applicant, at the discretion of
the Township.
All expenses and costs incurred by the Township directly associated
with processing, reviewing and approving or denying a storm water
permit application shall be paid (or reimbursed) to the Township from
the funds in the escrow account established by the applicant, as
described above. The Township may draw funds from an applicant's
escrow account to reimburse the Township for out-of-pocket expenses
incurred by the Township relating to the application. Such
reimbursable expenses include, but are not limited to, expenses
related to the following:
(a) Services of the Township Attorney directly related to the
application.
(b) Services of the Township Engineer directly related to the
application.
(c) Services of other independent contractors working for the
Township that are directly related to the application.
(d) Any additional public hearings, required mailings and legal
notice requirements necessitated by the application.


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