§ 27-126. Covered development projects; exemptions.

(a)

Covered development projects. The requirements of this article shall apply to post-construction stormwater runoff from any of the following:

(1)

Any new development project or redevelopment project that:

a.

Disturbs one (1) acre or more; or disturbs less than one (1) acre, if the project is part of a larger common plan of development or sale that would disturb one (1) acre or more; and

b.

Discharges to a surface water of the state, either directly or via a separate storm sewer system.

(2)

Any new development project or redevelopment project that would change, alter, or convert the use of land to a stormwater hotspot as defined by this article.

The requirements of this article shall apply to development projects as provided above whether or not the project is owned, operated, managed, or controlled by a private or public person or entity, and whether or not the project would otherwise be subject to site plan review and approval requirements under other provisions of this Code.

(b)

Exemptions. The following activities shall not be considered covered development projects for purposes of this article, even if the activity would otherwise qualify as a covered development project under subsection (a) of this section based on the amount of land disturbed:

(1)

Normal maintenance and improvement of land in bona fide agricultural use as defined and protected by the Michigan Right to Farm Act (Public Act 93 of 1981, MCL 286.471, et seq.) as determined by the city engineer.

(2)

Routine single-family residential landscaping and/or gardening that does not materially alter stormwater flow from the property in terms of quality, quantity, and/or rate, as determined by the city engineer.

(3)

Development that is not part of a larger common plan of development on one (1) single-family lot, parcel, or condominium unit where the city engineer determines that, due to the size of the site, or due to other circumstances, the quality, quantity, and/or rate of stormwater leaving the site will not be materially altered.

(4)

The construction of any fence that will not alter existing terrain or drainage patterns, as determined by the city engineer.

(5)

Construction of utilities (gas, water, electric, telephone, etc.) other than drainage, which will not alter terrain, ground cover, or drainage patterns, as determined by the city engineer.

(6)

Emergency repairs to any stormwater management facility or practice that poses a threat to public health or safety, or as deemed necessary by the city engineer.

(7)

The installation or removal of individual mobile homes within a mobile home park that does not materially alter stormwater flow from the property in terms of quality, quantity, and/or rate, as determined by the city engineer. This exemption shall not be construed to apply to the construction, expansion, or modification of a mobile home park.

(8)

Developments that have received final site plan or final plat approval prior to the effective date of this article, unless the approval expires prior to the commencement of construction. If a plat has received only preliminary plat approval prior to the effective date of this article, then the development shall not be exempt and the development shall comply with the requirements of this article to the maximum extent feasible without requiring the development to be redesigned in a way that would reduce the number, size and density of buildings. For phased developments, this exemption shall apply only to the phases that have been constructed prior to the effective date of this article.

(Ord. No. 2011.01, § 1, 1-11-11)