[Adopted 12-14-2021 by Ord. No. 394; superseded 2-8-2022 by Ord. No. 395]
This article shall be known and cited as the Stormwater Management
Ordinance.
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Village through the regulation
of nonstormwater discharges to the storm drainage system to the maximum
extent practicable as required by federal and state law. This article
establishes methods for controlling the introduction of pollutants
into the municipal storm sewer system in order to comply with requirements
of the National Pollutant Discharge Elimination System (NPDES) permit
process. The objectives of this article are:
A.
To regulate the quality and quantity of stormwater discharge from
a private property into a municipal storm sewer, enclosed or open
conveyance systems.
B.
To establish legal authority to implement permitting and delegation
of monitoring and maintenance responsibilities necessary to ensure
compliance with this article.
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Village Engineer and his/her authorized representatives,
which shall specifically include all inspectors and code enforcement,
and any other individual designated by the Village President of the
Village of New Haven to enforce this article. Where applicable the
terms may also mean the director of the Michigan Department of Environmental
Quality or his/her designated official, and/or the United States EPA
Administrator or his/her designated official.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES construction permits. These include
construction projects resulting in land disturbance of five acres
or more requiring an issued permit and small construction activities
impacting one acre to five acres of land deemed to operate under a
national permit. Such activities include, but are not limited to,
clearing and grubbing, grading, excavating, and demolition.
The County of Macomb.
A municipal separate storm sewer system.
A permit issued by United States Environmental Protection
Agency (EPA), or by the State of Michigan under authority delegated
pursuant to 33 USC § 1342(b) and codified in the Michigan
Natural Resources and Environmental Protection Act Protection at MCL
§ 324.101, et seq., that authorizes the discharge of pollutants
to waters of the United States or State of Michigan, whether the permit
is applicable on an individual, group, or general area-wide basis.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, articles, and accumulations, so that same may
cause or contribute to pollution; hazardous substances and wastes;
sewage, fecal coliform and pathogens; dissolved and particulate metals;
animal wastes; wastes and residues that result from constructing a
building or structure; and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
A publicly owned facility by which stormwater is collected
and/or conveyed, including, but not limited to, road drainage systems,
inlets, catch basins, other drainage structures, piped/enclosed storm
drains, pumping facilities, retention and detention basins, natural
and man-made or altered drainage channels, reservoirs, excluding surface
waters.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
The Village of New Haven.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all development and redevelopment
sites discharging to the Village's MS4 as outlined in current Macomb
County's Procedures and Design Standards for Stormwater Management,
here forth referred to as the Macomb County Stormwater Standards.
This article shall be enforceable by the Village Engineer or
other authorized enforcement agency.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore, this article does not intend
or imply that compliance by any person will ensure that there will
be no contamination, pollution, nor unauthorized discharge of pollutants.
The Village Engineer or other authorized enforcement agency
shall be permitted to enter upon all properties for the purposes of
inspection of stormwater BMPs in accordance with the provisions of
this article. Refusal of reasonable access to the city engineer and/or
representatives of the authorized enforcement agency to any part of
the premises is a violation of this article.
The Village adopts the requirements set out in the Macomb County
Stormwater Standards. The standards lay out a consistent county-wide
best management practices (BMPs) to regulate stormwater quantity and
quality discharge as approved by EGLE. The owner of a new development
or redevelopment meeting the thresholds set out in the Macomb County
Stormwater Standards shall, at their own expense, apply for and obtain
a permit ahead of starting construction, engineered stormwater controls
contained within the applicant's property meeting the design criteria
of the Macomb County Stormwater Standards. The property owner, upon
completion of construction, must enter into a binding long-term maintenance
agreement with the Village, at their own expense, to document, routinely
monitor and maintain the stormwater quantity and quality BMPs so they
continue to operate as designed. The agreement shall be set up that
if the property owner should be determined to be nonresponsive to
a notice of required maintenance actions, that the Village may enter
the property to perform the maintenance required.
A.
Notice of violation. Whenever the Village Engineer or his designee
finds that a person has violated a prohibition or failed to meet a
requirement of this article, the Village of New Haven may order compliance
by written notice of violation to the responsible person. Such notice
may require without limitation:
B.
Abatement of a violation. If abatement of a violation and/or restoration
of affected property is required, the notice shall set forth a deadline
within which such remediation or restoration must be completed. Said
notice shall further advise that, should the violator fail to remediate
or restore within the established deadline, the work will be done
by the Village of New Haven or its designee at the violator's expense.
Any person receiving a notice of violation may appeal the determination
of the Village of New Haven. The notice of appeal must be received
within 30 days from the date of the notice of violation. Hearing on
the appeal before the appropriate authority or its designee shall
take place within 15 days from the date of receipt of the notice of
appeal. The decision of the Village of New Haven or its designee shall
be final.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within 30 days of the decision of the Village upholding its decision,
then representatives of the Village or its designees shall enter upon
the subject private property and are authorized to take any and all
measures necessary to abate the violation and/or restore the property.
It shall be unlawful for any person, owner, agent or person in possession
of any premises to refuse to allow the Village or its designee to
enter upon the premises for the purposes set forth above.
Within 30 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within 10 days. If the amount
due is not paid within a timely manner as determined by the decision
of the Village or by the expiration of the time in which to file an
appeal, the charges shall become a special assessment against the
property and shall constitute a lien on the property for the amount
of the assessment. Any person violating any of the provisions of this
article shall become liable to the Village by reason of such violation.
The liability shall be paid in not more than 12 equal payments. Interest
at the rate of 5% per annum shall be assessed on the balance beginning
on the first day following discovery of the violation.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the Village may petition for a preliminary or permanent injunction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this article, the Village may impose upon a violator
alternative compensatory actions; including, but not limited to storm
drain stenciling, attendance at compliance workshops, and creek cleanup.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense. The Village may also
simultaneously or alternatively initiate a civil action to abate,
enjoin, or otherwise compel the cessation of such nuisance.
A.
Any person who has violates this article shall be guilty of a misdemeanor
and subject to the penalties set forth in this article.
B.
The Village may recover all attorney's fees; court costs; and other
expenses associated with enforcement of this article, including condition
monitoring and maintenance expenses.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state, or local
law and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article or
its application to any person, establishment, or circumstances shall
be held invalid, such invalidity shall not affect the other provisions
or application of this article.
Any and all Ordinances of the Village, or any parts or provisions
thereof, to the extent that they are contrary to or inconsistent with
the provisions of this article, are hereby expressly repealed.
All other provisions of the Code of Ordinances of the Village
of New Haven, Michigan except as herein modified or amended are hereby
expressly ratified and affirmed.
This article shall be published in accordance with the terms,
provisions, and requirements of the Village of New Haven, Michigan,
and in accordance with and to the extent required by the statutes
of the State of Michigan.
This article shall take effect on the day of publication, in
accordance with the provisions and requirements of the Village of
New Haven. The Village Clerk is hereby directed to publish this article
within 15 days after the date of adoption by the Village Council.
