Municipal Code

CHAPTER 1229 Stormwater Management

1229.01 Purpose.
1229.02 Definitions.
1229.03 Applicability.
1229.04 Stormwater drainage/erosion control.
1229.05 Stormwater management plan.
1229.06 Long-term maintenance of stormwater facilities.

1229.07 Maintenance and guarantee bond.
1229.08 Easements.
1229.09 Violations.
1229.10 Exemptions.
1229.11 Waivers.
1229.12 Disclaimer of liability.

CROSS REFERENCES
Water quality - see Mich. Const. Art. 4, §§ 22, 52; M.C.L.A.
67.38, 323.1 et seq.
Water supply generally - see Mich. Const. Art. 7 § 24;
M.C.L.A. 46.171 et seq., 123.11 et seq., 325.201 et seq.,
486.51 et seq., 486.101 et seq.
Culverts, laterals, catch basins and driveways - see S.U. & P.S.
Ch. 1022
Ground waters - see S.U. & P.S. 1041.10(e)
Wetlands and watercourses - see P. & Z. Ch. 1226
Natural buffer zones - see P. & Z. Ch. 1266
Flood hazard areas - see B. & H. Ch. 1464



1229.01 PURPOSE.
The purpose of this chapter is to:
(a) Protect and enhance the water quality of local watercourses, water bodies, and groundwater pursuant to and consistent with the Clean Water Act, 33 USC 1251 et seq., as amended.
(b) Control non-stormwater discharges to stormwater conveyances and reduce pollutants in stormwater discharges.
(c) Provide standards for the design, construction, operation and maintenance of stormwater Best Management Practices (BMPs) for water quality treatment, channel erosion protection, and flood prevention.
(Ord. 2010 10. Passed 12 13 10.)

1229.02 DEFINITIONS.
(a) Best Management Practices (BMPs) refers to a broad range of physical structures, plantings, or management practices. The common denominator that makes them BMPs is that they either reduce stormwater runoff, reduce pollutants that could reach surface waters, or treat stormwater before it enters a natural water body. Examples of structural BMPs include sedimentation basins and wet ponds (or manufactured wetlands). Vegetated BMPs could include vegetated swales or rain gardens. Management practice BMPs include washing vehicles in commercial car washes (versus in an area where the soapy water could wash into a storm drain), and soil testing before applying fertilizers.
(b) Owner means the property owner or operator of any stormwater management system or activity subject to this chapter.
(c) Stormwater management plan means drawings and written information prepared by a registered engineer or other certified professional which describe the ways in which stormwater runoff is proposed to be controlled, having as its purpose to ensure that the objectives of this chapter are met.
(Ord. 2010 10. Passed 12 13 10.)

1229.03 APPLICABILITY.
(a) The Oakland County Engineering Design Standards for Storm Water Facilities are hereby adopted by reference by the Village of Franklin for the control and treatment of stormwater runoff with the exception that all developments subject to this chapter shall provide acceptable water quality treatment BMPs designed to achieve eighty percent removal efficiency of total suspended solids from the runoff produced by a water quality storm.

(b) These Standards are established in addition to the existing Engineering Design Standards in Chapter 1228 of the Codified Ordinances.

(c) These Standards shall apply to all new construction, redevelopment, infill, or site expansions in the Village that include an area of disturbance of one acre or more, including projects less than one acre that are part of a larger plan of development or sale that would disturb one acre or more.

(d) All permanent and temporary stormwater management BMPs constructed as part of the requirements of this section are subject to this chapter.

(e) These Standards may include the use of stormwater credits where low impact development, open space preservation, or other site design practices have been used to maintain the predevelopment site hydrology.

(f) This chapter also applies to any activities which may affect the quantity or quality of a private or stormwater conveyance system or any waterway within the Village. Any person(s) engaged in activities that may result in excessive quantities of pollutants entering any stormwater conveyance systems or waterways may be subject to the remedies for violation of this section. Examples of such pollutants may include, but are not limited to, debris, concrete washings, de-icing materials, fertilizers, heavy metals, automobile fluids, topsoil, yard wastes, and commercial or light industrial wastes.

(g) Natural swales and channels should be preserved, whenever possible. If channel modification must occur, the physical characteristics of the modified channel will meet the existing channel in length, cross-section, slope, sinuosity, and carrying capacity. Streams and channels will be expected to withstand all events up to the two-year storm without increased erosion.
(Ord. 2010 10. Passed 12 13 10.)

1229.04 STORMWATER DRAINAGE/EROSION CONTROL.
All stormwater drainage and erosion control plans shall meet the standards adopted by the Village and Oakland County for design and construction and shall, to the maximum extent feasible, utilize nonstructural control techniques, including, but not limited to:
(a) Limitation of land disturbance and grading;
(b) Installation and maintenance of vegetated buffers and natural vegetation;
(c) Minimization of impervious surfaces;
(d) Use of terraces, contoured landscapes, runoff spreaders, grass or rock-lined swales; and
(e) Use of infiltration devices.
(Ord. 2010 10. Passed 12 13 10.)

1229.05 STORMWATER MANAGEMENT PLAN.
(a) As part of the site plan submittals, three copies of a stormwater management plan shall be submitted to the Village for every development subject to this chapter. The contents of the stormwater management plan shall include the information requirements as outlined in the Oakland County Engineering Design Standards for Storm Water Facilities, Procedures for Submittal and Review, Part 1 through 5, as applicable.

(b) The Village Council shall establish certain fees and escrow requirements by resolution. Fees and escrow account payments shall be sufficient to cover administrative and technical review costs anticipated to be incurred by the Village including the costs of on-site inspections.

(c) An as-built certification for stormwater management BMPs must be provided to the Village prior to final approval of the development.

(d) For sites that store or use chemicals, a spill response plan is required which clearly defines the emergency steps to be taken in the event of an accidental release of harmful substances that may migrate to the storm water system. Plans shall be submitted and approved by the Village.
(Ord. 2010 10. Passed 12 13 10.)

1229.06 LONG-TERM MAINTENANCE OF STORMWATER FACILITIES.
(a) A long-term maintenance plan shall be submitted to the Village for approval. A maintenance agreement shall be signed by the owner or operator and shall be included as an obligation in the restrictive covenants, master deed, easement document, or in another recordable form and recorded with Oakland County.

(b) Stormwater facilities shall be maintained by the owner and shall be repaired and/or replaced by such person when such facilities are no longer functioning as designed. Disposal of waste from maintenance of facilities shall be conducted in accordance with applicable federal, state and local laws and regulations.

(c) Records of installation and maintenance and repair shall be retained by the owner and shall be made available to the Village upon request.
(Ord. 2010 10. Passed 12 13 10.)

1229.07 MAINTENANCE AND GUARANTEE BOND.
The owner shall provide a maintenance and guarantee bond to the Village for inspection and emergency maintenance of stormwater management BMPs for a period of at least five years following final acceptance. The bond amount shall be determined as ten percent of the total cost of construction of each stormwater management BMP and drainage facility listed or as determined by the Village. The Village reserves the right to periodically modify the bonding amounts and requirements by resolution.
(Ord. 2010 10. Passed 12 13 10.)

1229.08 EASEMENTS.
(a) Stormwater management easements shall be provided as necessary and recorded as directed by the Village to ensure access for inspections, maintenance, and preservation of primary and secondary drainageways needed to serve other properties.

(b) The location and purpose of easements for stormwater management and drainage shall be clearly described in development deed restrictions or condominium master deeds. Easements shall be recorded with the Oakland County Register of Deeds according to Oakland County requirements.
(Ord. 2010 10. Passed 12 13 10.)

1229.09 VIOLATIONS.
(a) If the stormwater management BMPs have not been adequately maintained, the Village may notify the owner(s) in writing and require the necessary maintenance or repairs within 90 days of the written notice. Should the owner fail to comply with the provisions of this chapter, the Village may, after giving reasonable notice and opportunity for compliance, have the necessary work done and the owner shall be obligated to promptly reimburse the Village for all such costs incurred. If the costs are not paid by the owner, the Village may pursue the collection of same through appropriate court actions or as lien on the property.

(b) When emergency measures are necessary to mediate a nuisance, to protect public safety, health, welfare, or to prevent loss of life, injury or damage to property, the Village is authorized to, but not require 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 violation of this chapter and shall promptly reimburse the Village for all such costs. If the costs are not paid by the owner, the Village may pursue the collection of same through appropriate court actions or as lien on the property.
(Ord. 2010 10. Passed 12 13 10.)

1229.10 EXEMPTIONS.
(a) Activities contained entirely within federal, state, or county lands and that do not impact adjacent property within the Village are exempt from the requirements of this chapter.

(b) Routine single family landscaping and/or gardening that does not alter the existing storm water management facilities or require a grading plan as determined by the Village.

(c) Any person performing construction work in the Village shall maintain compliance with the county and state requirements for soil erosion and sediment control.

(d) The prohibition of discharges shall not apply to any discharge regulated under a NPDES point source permit issued and administered by the State, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations. Compliance with an applicable NPDES permit governing discharges into a stormwater conveyance system shall be considered compliance with this chapter. NPDES permitted storm water discharges are still subject to the County design criteria.
(Ord. 2010 10. Passed 12 13 10.)

1229.11 WAIVERS.
The Village recognizes that, due to the specific requirements of any given development, inflexible application of the design standards may result in development with excessive paving, stormwater runoff, and a waste of space which could be left as an open space. The Village Engineer shall have the authority to grant waivers or variances from specific control provisions of the stormwater management standards due to site specific conditions. All requests for waivers or variances must be provided in writing along with justifications. Alternatives that are consistent with the overall intent of stormwater quantity and quality management may be proposed, subject to the approval of both the Village and, if applicable, the County.
(Ord. 2010 10. Passed 12 13 10.)

1229.12 DISCLAIMER OF LIABILITY.
The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering, and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply or guarantee that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the Village, any agent or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 2010 10. Passed 12 13 10.)