All plats recorded with the Register of Deeds must conform to Act 288 of the Public Acts of 1967, know as the Subdivision Control Act. Under this Act, the Drain commissioner is responsible for ensuring that the drainage or storm water management system of a subdivision is adequate to address storm water management needs within the proposed subdivision, and for protecting downstream landowners from flooding and degradation of water quality. The procedures, standards and recommendations set forth in the rules are designed for these purposes.
In accordance with the provisions of Act 288, the Drain Commissioner has the authority, through the subdivision review process, to require that County Drains and natural water courses, both inside and outside the plat, be improved to the standards established by the Drain Commissioner, when necessary, for the proper drainage of a proposed subdivision.
Under these rules, the Drain Commissioner will ensure that all storm water facilities necessary for a proposed subdivision will have an appropriate governmental unit responsible in perpetuity for performing maintenance or for overseeing the performance of maintenance by a private entity, such as a property owner’s association. As specified in Act 288, the County Drain Commissioner may acquire jurisdiction over the drainage systems within subdivisions as deemed necessary for adequate operation and maintenance
The general standards set forth will also be applied by the Newaygo County Drain Commissioner in review of site condominium plans prepared under Act 59, P.A. 1987, applications for permits to discharge to a County drain under P.A. 40 of 1956, as amended, and in advisory review of storm water system plans in other classes of developments or redevelopments, when requested by local governments.
The rules provide minimum standards to be complied with by proprietors, and in no way limit the authority of the municipality in which the subdivision is situated to adopt or publish and enforce higher standards as a condition of approval of the final plat or site plan.
Storm water management technologies are rapidly developing and improving; the rules will be revised as necessary, with the most recently dated sheets being applicable.
Please note that the new fee schedule was adopted by the Newaygo County Board of Commissioner effective October 2011.
