§ 53.03. GENERAL PROVISIONS.

(A) Groundwater protection standards.

(1) The project and related improvements shall be designed to protect the natural environmental, including lakes, ponds, streams, wetlands, floodplains, and groundwater, and to ensure the absence of an impairment, pollution, and/or destruction of water, natural resources, and the public trust therein.

(2) Storm water management and drainage facilities shall be designed to retain the natural retention and storage capacity of any wetland, water body, or watercourse, and shall not increase flooding, or the potential for environmental contamination, on-site or off-site, and shall not result in loss of the use of property by any third party.

(3) Industrial facilities with a point source discharge of storm water shall maintain a Storm Water Pollution Plan in accordance with applicable state and federal regulations.

(4) General purpose floor drains shall be connected to a public sewer system, and on-site holding tank, or a system authorized through a state surface or groundwater discharge permit. If connected to the public sewer system then the volumes and concentrations of waste discharge to the floor drain may require compliance preliminary treatment or pre-treatment shall be in accordance with federal and state laws and regulations;

(5) Sites at which hazardous substances are stored, used, or generated shall be designed to prevent spills and unpermitted discharge to air, surface of the ground, groundwater, lakes, streams, rivers, or wetlands.

(6) State and federal agency requirements for storage, spill prevention, record keeping, emergency response, transport and disposal of hazardous substances and polluting materials shall be met. No discharges to groundwater, including direct and indirect discharges, shall be allowed without applicable permits and approvals.

(7) In determining conformance with the standards of this chapter, the village shall take into consideration all publications of the Ionia County Drain Commission, and other applicable references.

(8) Bulk storage of pesticides shall be in accordance with Regulation No. 640, Commercial Pesticide Bulk Storage, of Act 171 of the Public Acts of 1976, as amended, being section 286.569.

(B) Aboveground storage and use areas for hazardous substances and polluting material.

(1) Primary containment of hazardous substances shall be product tight.

(2) Secondary containment shall be sufficient to store to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance. Products held in containers of ten gallons or less packaged for retail use shall be exempt from this item.

(3) Outdoor storage of hazardous substances shall be prohibited except in product tight containers which are protected from weather, leakage, accidental damage and vandalism, including an allowance of the excepted accumulation of precipitation.

(4) Out buildings, storage rooms, sheds and pole bams which are utilize as secondary containment shall not have floor drains which outlet to soil, public sewer system, groundwater, or nearby drains or natural water bodies unless a surface or groundwater discharge permits has been obtained pursuant to applicable requirements of Act 245.

(5) Areas and facilities for loading and unloading of hazardous substances as well as areas where such materials are handled and stored shall be designed and constructed to prevent unpermitted discharges to floor drains, rivers, lakes, wetland, groundwater or soils.

(6) The location of the aboveground storage of hazardous substances and methods of primary and secondary containment shall be clearly illustrated on the site plan.

(C) Underground storage tanks.

(1) Existing or new underground storage tanks shall be registered with the authorized state agency in accordance with applicable requirements of the U.S. Environmental Protection Agency and the Michigan Department of Environmental Quality.

(2) Installation, operation, maintenance, closure, and removal of underground storage tanks shall be in accordance with applicable requirements of the Michigan Department of Environmental Quality. Leak detection, corrosion protection, spill prevention and overfill protection requirements shall be met. Records of monthly monitoring or inventory control must be retained and available for review by village officials for five years.

(3) All underground storage tanks which have been out of service for 12 months shall be removed from the site.

(D) Well abandonment. Out of service wells shall be sealed and abandoned in accordance with applicable requirements of the Michigan Department of Environmental Quality, Water Bureau, Drinking Water and Environmental Health, Well Construction Unit.

(E) Sites with contaminated soils and/or groundwater.

(1) Site plan shall take into consideration the location and extent of any contaminated soils and/or groundwater on the site, and the need to protect public health and the environment.

(2) Development shall not be allowed on contaminated areas of a site unless information from the Michigan Department of Environmental Quality is available indicating the cleanup will proceed in a timely fashion.

(3) Information must be provided regarding the type, concentration and extent of identified contamination, land use deed restrictions and any remedial action plans.

(4) Excavation, drilling, direct push and other earth penetration shall be sealed with grout, or with soil material exhibiting lower hydraulic permeability than the native soil.

(F) Construction standards.

(1) The general contractor, or if none, the property owner, shall be responsible for assuring that each contractor or subcontractor evaluates each site before construction is initiated to determine if any site conditions may pose particular problems for handling any hazardous substances. For instance, handling hazardous substances in proximity to water bodies or wetlands may be improper.

(2) Hazardous substances stored on the construction site during the construction process, shall be stored in a location and manner designed to prevent spills and unpermitted discharge to air, surface of the ground, groundwater, lakes, streams, rivers, or wetlands. Any storage container of over 25 gallons, or 220 pounds containing hazardous substances shall have secondary containment.

(3) If the contractor will be storing or handling hazardous substances that required a manufacture's material safety data sheet, the contractor shall familiarize him/herself with the sheet, and shall be familiar with procedures required to contain and clean up any release of the hazardous substance.

(4) Upon completion of construction, al hazardous substances and containment system no longer used, or not needed in the operation of the facility shall be removed from the construction site by the responsible contractor, and shall be disposed of, recycled, or re-used in a proper manner as prescribed by applicable State and Federal Regulations.

(5) Excavation, drilling, direct-push and other earth penetration shall be sealed with grout, or with soil material exhibiting lower hydraulic permeability than the native soil.

(G) Maintenance. In areas where hazardous substances are handled, structural integrity of the building must be maintained to avoid inadvertent discharge of chemicals to soil and groundwater. Cracks and holes in floors, foundations and walls must be repaired in areas where chemicals are handled or stored.

(H) Review requirements.

(1) Specify location and size of interior and exterior area(s) and structure(s) to be used for on-site storage, use, load/unloading, recycling, or disposal of hazardous materials.

(2) Specify location of all underground and aboveground storage tanks for such uses as fuel storage, waste oil holding tanks, hazardous materials storage, collection of contaminated storm water or wash water, and all similar use.

(3) Specify location of existing and proposed wells.

(4) Specify location of exterior drains, dry wells, catch basins, retention/detention areas, sumps, and other facilities designed to collect, store or transport storm water or wastewater. The point of discharge for all drains and pipes shall be specified on the site plan.

(5) Specify areas on the site that the applicant has reason to believe are contaminated, together with a report on the status of site cleanup, if applicable.

(6) Submit "Hazardous Materials Reporting Form for Site Plan Review."

(7) Submit "Village of Pewamo Environmental Permit Checklist."

(8) Refer to § 153.104 for additional requirements.

(I) Determination of applicability. It shall be the responsibility of any person owning real property and/or owning and operating business within the village corporate limits to make a determination of the applicability of this chapter as it pertains to the property and/or business under his of her ownership or operation and his or her failure to do so shall not excuse any violations of said chapter.

(J) Conditions for approval or denial. The Planning Commission, upon reviewing a site plan, shall take one of the following actions:

(1) Approval. If the site plan meets all the Zoning Ordinance and related development requirements and standards, the Planning Commission shall record such approval and the Chairman shall sign three copies of the site plan filing one in the official site plan, forwarding one to the Building Inspector, and returning on to the applicant.

(2) Disapproval. If the site plan does not meet Zoning Ordinance and related development requirements and standards, the Planning Commission shall record the reasons for denial. The applicant may subsequently re-file a corrected site plan under the same procedures followed for the initial submission.

(3) Conditional approval. Conditions on approval of the site plan may be imposed meeting the requirements specified in the Village Zoning Enabling Act. Conditions must be:

(a) Designed to protect natural resources, and the health, safety and welfare and the social and economic well-being of residents, neighbors, and the community as a whole;

(b) Related to the valid exercise of the police power;

(c) Necessary to meet the purpose of the Zoning Ordinance and related to the standards established in the Zoning Ordinance for the land use or activity under consideration.

(4) Table. If the site plan is found to be in violation of requirements, incomplete with respect to necessary information or presenting a unique situation, the Planning Commission may table the site plan until a public hearing can be scheduled to determine specific improvement requirements the Planning Commission feels are necessary but the applicant is not in agreement with.

(Ord. 6885, passed 4-10-2017)