CHARTER TOWNSHIP OF ORION — ADOPTION OF ORDINANCE 139-1

NOTICE

CHARTER TOWNSHIP OF ORION

ADOPTION OF ORDINANCE 139-1

AMENDMENT TO ORDINANCE NO. 139

STORMWATER MANAGEMENT

AND SOIL EROSION

& SEDIMENTATION CONTROL ORDINANCE

EFFECTIVE NOVEMBER 1, 2021

The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, October 18, 2021, held at 7:00 p.m., at the Orion Community Center, 1335 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance enacted to protect the health, safety, and general welfare of Orion Township residents; to minimize water quality degradation, flooding, and drainage problems from stormwater run-off; to reduce soil erosion and sedimentation during and after site development; to designate the Orion Township Building Department as the municipal enforcing agency, in accordance with Part 91 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.9101, et seq.; MSA 13A.101, et seq., as amended; to reduce the need for public expenditures related to flooding and pollution control; to identify requirements for stormwater management and soil erosion and sedimentation control; to provide for maintenance agreements and Township inspections; and to provide for penalties for the violation of this Ordinance.

THE CHARTER TOWNSHIP OF ORION ORDAINS:

SECTION 1 of Ordinance

Article 1 – Short Title

This Ordinance shall be known and may be cited as the ORION TOWNSHIP STORMWATER MANAGEMENT AND SOIL EROSION & SEDIMENTATION CONTROL ORDINANCE, and referred to as Ordinance No. 139.

(A summary of the provisions of the ordinance follows.)

Article 2 – Definitions

Article 3 – Stormwater Management

Section 3.01 – Purpose

The purpose of this Article shall be:

A. To protect public health, safety, and general welfare by requiring stormwater management measures and facilities whenever new, expanded, or modified developments are proposed.

B. To ensure that landowners control stormwater run-off from their property so that lake and stream water quality is protected, flooding is reduced, and to protect the Waters of the State and adjacent properties.

C. To preserve and use the natural drainage system for conveying and receiving stormwater run-off, and to minimize the need to construct storm drain pipes.

D. To protect Orion Township’s lakes from any adverse effects of stormwater run-off, while at the same time utilizing the water-holding capacity of the lakes.

E. To encourage the use of stormwater conveyance and detention systems, which serve multiple purposes, including, but not limited to flood control, water quality enhancement, recreation, and wetlands protection.

F. To ensure that stormwater management systems are incorporated into the early stages of site planning and design.

G. To allow on-site and/or off-site wetlands to be used for stormwater detention, provided that adverse environmental impacts on wetlands are minimized and provided that any anticipated effects are acceptable to the Orion Township Planning Commission, the Orion Township Board of Trustees, and permitted by the Michigan Department of Environmental Quality.

H. To allow for off-site stormwater management if proposals meet the requirements of this Ordinance and applicable county and/or state requirements.

I. To ensure that all stormwater conveyance and detention measures and facilities will be properly constructed, maintained, and preserved.

J. To ensure that Illicit Discharge to stormwater facilities does not occur within the Township.

* * *

Section 3.04 – Stormwater Management Plan Requirements for Major Developments

A. Pre-Application Conference

B. Stormwater Management Plan Contents

1. Plan Organization and Presentation

2. Plan Preparation

3. Scale for Mapping

4. Required Information – Identification and Description

5. Required Information – Existing Conditions

6. Required Information – Proposed Conditions

a. Information Required for Tentative Preliminary Plats

b. Information Required for Site Plans and Final Prelimi­nary Plats

C. Plan Submission

D. Review Procedures

E. Review Fees

F. Standards for Stormwater Management Plan Approval

Stormwater management measures and facilities, whether on-site or off-site, shall be designed, constructed, and maintained to prevent flooding and protect water quality.

1. General Standards for On-Site and Off-Site Stormwater Management

2. Stormwater Storage, Infiltration and Water Quality Control Facilities

3. Discharge of Stormwater Run-Off to Wetlands

G. Off-Site Detention and Flood Control

1. Waiver Option

2. Stormwater Management Plan

3. Applicable Standards

Section 3.05 – Construction Drawings and Specifications

A. Submittal Requirements

B. Approval Responsibilities

C. Stormwater Management Calculations

* * *

Section 3.07 – Performance Guarantees, Inspections, Maintenance, and Submittals

A. Performance Guarantees

B. Maintenance

C. Stormwater Management Easements

1. Necessity of Easements

2. Easements for Off-Site Stormwater Management

3. Recording of Easements

4. Recording Prior to Building Permit Issuance

D. Maintenance Agreement

1. Purpose of Maintenance Agreement

2. Maintenance Agreement Required

3. Maintenance Agreement Provisions

E. Submittals

F. Notification

G. Notice of Completion; Certificate of Completion

* * *

SECTION 2 of Ordinance

Article 7 – Severability

The various parts, sections and clauses of this Ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected.

SECTION 3 of Ordinance

Article 8 – Effective Date

This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion, qualified under State law to publish legal notices, and shall become effective subsequent to the date of publication as provided by law, on November 1, 2021.

SECTION 4 of Ordinance

Article 9 – Adoption

This Ordinance is hereby declared to have been adopted by the Board of Trustees of the Charter Township of Orion at a meeting thereof duly called and held on the 18th day of October, 2021, and ordered to be given publication in the manner prescribed by the Charter of the Township of Orion.

Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.

Penny S. Shults, Clerk

Charter Township of Orion

Publish: 10.20.21

 

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