Sec. 2.216. - Private Stormwater Facilities.
The City is not responsible for providing stormwater drainage facilities on private property. It shall be the responsibility of the property owner to install, maintain, repair or replace private stormwater facilities serving the owner's property. Where stormwater facilities serve more than one (1) privately owned parcel of property, it shall be considered each property owner's joint and several responsibility to install, maintain, repair or replace the facilities serving all such properties. Any changes made to the existing private stormwater facilities that change its discharge characteristics into the CSDS need to be approved by the City Manager.
Sec. 2.217. - Easements for Drainage.
(1) Easements recorded as part of a subdivision plat that are not specifically granted to or held by the City, and are created for the purpose of managing surface water runoff from private property, are deemed to be private stormwater facilities. The maintenance obligations of these easements belong, jointly and severally, to each of the owners of the lots within the plat that utilize the easement for the discharge and management of surface water runoff from their lots.
(2) Proposed developments that have common private drainage facilities serving multiple users such as, but not limited to, subdivision plats and site condominiums shall establish county drains, under authority of the Michigan Drain Code (MCL 280.1 et seq.).
(3) Proposed developments that include the construction of private drainage facilities necessary for the proposed development and to mitigate the adverse impacts of stormwater runoff and which also receive, convey, store, treat and discharge stormwater from other public and private properties, shall enter into a "Stormwater Drainage Facilities Easement Agreement" with the City of Grand Rapids before final approval of the proposed development. The Stormwater Drainage Facilities Easement Agreement must be in a form that is acceptable to the City Attorney.
Sec. 2.219. - Inspection.
(1) Since the discharge of Stormwater runoff is a pervasively regulated activity under Federal and State Law and by this Chapter, the City has the right and obligation to inspect connections and discharges to the CSDS in order to ensure compliance with State and Federal Law.
(2) The City Manager and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter upon all properties at reasonable times for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Chapter. Any person who uses, applies to use or is connected to, or who discharges into the City's Stormwater Drainage System is hereby put on notice that inspections may be made in accordance with this Chapter and the Michigan and United States Constitutions.
(3) A person who uses, applies to use, is connected to or who discharges into the CSDS does so with the knowledge that inspections provided for in this Chapter will be made to ensure compliance with the law, ordinances and regulations in effect controlling the use of the CSDS. Users of the CSDS shall have no reasonable expectation of privacy with respect to discharges or potential discharges into the CSDS and that announced and unannounced inspections may be conducted to the full extent provided for by Federal and Michigan Law. Inspections pursuant to this Chapter will be conducted only for observation, sampling, monitoring and measuring in order to determine compliance with this Chapter.
Sec. 2.220. - Authority to Issue Administrative Orders.
Whenever the City Manager determines that any discharger has violated this Chapter, or any other related laws or regulations which the City is authorized to enforce, the City Manager may issue administrative orders of the type listed below. Multiple orders may be issued simultaneously or in combination as a single order with respect to a single discharger.
(1) Notice of Violation. The Notice of Violation is an official communication from the City Manager to the responsible party(s), which informs them that a violation of this Chapter has occurred. The Notice of Violation is issued for relatively minor or infrequent violations of stormwater management standards and requirements. The Notice of Violation is an initial disciplinary action taken for a violation which is neither significant nor poses an immediate hazard to the health and welfare of the public, damage to the environment or the CSDS.
(2) Corrective Action Order. The Corrective Action Order is an enforcement document that directs Responsible Party(s) to undertake or to cease specified activities. The first formal disciplinary level to a significant violation is a Corrective Action Order and may incorporate compliance schedules, cost recovery and corrective action directives. If the Responsible Party(s) fails to correct a violation within the time frame specified in a Notice of Violation, the City Manager shall issue a Corrective Action Order for correction of this violation. The Responsible Party(s) is not relieved of the responsibility for unauthorized discharges that occur anytime before or after receiving a Notice of Violation or Corrective Action Order.
(3) Cease and Desist Order. The Cease and Desist Order is an order that directs the discharger to cease illegal or unauthorized discharges immediately. The City Manager shall have the authority to enter the discharger's property and take such steps as necessary to eliminate the discharge should the discharger fail to comply with such order. Such order shall be final and remain in effect until a hearing, if requested by the discharger, is conducted and a final decision is made by the City Manager. A written request for such hearing shall be made within ten (10) calendar days after receiving the order.
(4) Consent Order. The Consent Order is an order issued as a result of an agreement between the City Manager and the discharger containing three (3) elements; compliance schedules, reimbursement of the City for damages and costs incurred or remedial actions, signatures of the City Manager and the discharger. A consent order shall address every identified and potential deficiency in the discharger's compliance status at the time of the order.
(5) Show Cause Order. The Show Cause Order is an order issued by the City Manager when there is a failure to comply with either a Cease and Desist Order or a Consent Order, or where the violation is not corrected by timely compliance. The City Manager may order any discharger who causes or allows prohibited conduct, to show why further enforcement action should not be taken.
(6) Compliance Order. The Compliance Order is an order that directs the discharger to achieve compliance by a date specified in the order. Compliance orders require discharger to develop management practices, spill prevention programs and related stormwater BMPs, or obtain appropriate permits.
(7) Stop Work Order. The Stop Work Order is an order that directs a discharger to stop work where there is work in progress that constitutes, causes or is causing a violation of any provision of this Chapter. The City Manager may issue a Stop Work Order to prevent further violations or damage.
Sec. 2.222. - Emergency Authority.
When a necessary or advisable emergency protective measure or action is required to abate a nuisance, to prevent loss of human life, injury or damage to property or to otherwise protect the public health, safety or welfare, the City Manager is authorized to cause such measures and actions to be taken. The costs of such protective measures or actions shall be the property owner's and shall constitute a lien upon the property as provided for by law or in the City Charter. The costs shall also be a personal debt of the property owner that may be collected as other debts.
Sec. 2.223. - Responsibility or Liability.
The City, its officers, employees, agents and contractors shall have only that responsibility or liability provided for by Federal or State law for any action or inaction in connection with the activities covered by this Chapter. No additional responsibility or liability is, or shall be, created or assumed.
Sec. 2.225. - Plan Reviews and Document Submittals.
(1) General Review Requirements. Plans submitted for review shall provide adequate detail of the hydrology and hydraulics of the existing site and proposed development. Plans and specifications shall be of sufficient scale and detail to facilitate the evaluation of the potential impact of the proposed development upon the City's Stormwater Drainage System, adjacent properties, water bodies, rivers, streams, creeks and drainage ways.
(2) Minimum Information Required. Plans submitted to the EPSD for review must have sufficient information to enable a complete and thorough evaluation of site grading and drainage. A list of minimum information required for proper plan review can be obtained from the EPSD prior to submitting documents for review. Any project submitted for review by EPSD which does not contain the minimum information specified by the EPSD shall be considered incomplete and returned without a complete design review.
(3) Supplemental Requirements. The EPSD may require additional information or design effort to address site specific conditions before issuing a permit or recommending approval by the Planning Commission, or the City Commission. The following site-specific conditions may require additional information and design effort beyond the minimums listed in the checklist:
(a) Existing Site Conditions. Additional site design considerations may be needed where there are steep slopes, floodplains, wetlands, or waterways associated with or adjacent to the site.
(b) Proposed Development Intensity. Additional site design considerations may be needed with higher intensity developments, which have limited remaining areas for managing the site's stormwater runoff.
(c) Public Drainage System Capabilities. Additional site design considerations may be needed where the public drainage system into which the site discharges has special limitations (e.g. a combined sewer, a history of downstream flooding or existence of downstream erosion problems).
(d) Local Neighborhood Concerns. Additional site design considerations may be needed to address neighborhood concerns concerning drainage and related impacts caused by the proposed project
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