A. All plats recorded with the Register of Deeds must conform to Act 288 of the Public Acts of 1967, as amended. Under this Act, the Drain Commissioner is responsible for ensuring that the drainage or stormwater management system of a subdivision is adequate for the development and for protecting downstream landowners and resources. The procedures, standards and recommendations set forth in these rules are designed for these purposes.

B. In accordance with the provisions of Act 288, the Drain Commissioner has the authority, through the subdivision review process, to require that county drains both inside and outside a plat, be improved to the standards established by the Drain Commissioner when necessary for the proper drainage of a proposed subdivision.

C. Under these rules, the Drain Commissioner will ensure that all stormwater facilities necessary for a proposed subdivision 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 accept jurisdiction over the drainage systems within subdivisions as deemed necessary for adequate operation and maintenance.

D. The general standards set forth herein will also be applied by the Kalamazoo County Drain Commissioner in the review of the following:

1. Condominium plans prepared under Act 59, P.A. 1978, as amended, where local government ordinances require.

2. Mobile home plans prepared under Act 96, P.A. 1987.

3. Applications for permits to discharge to a county drain under P.A. 40 of 1956, as amended.

4. Review of stormwater system plans in other classes of developments or redevelopments, when requested by local governments.

E. These rules provide minimum standards to be complied with by proprietors, and in no way limit the authority of the local municipality in which the development is situated to adopt and enforce higher standards as a condition of approval of the final plat or site plan. If the local municipality has adopted more stringent standards, the Drain Commissioner's Office will review plans in accordance with those standards.