[HISTORY: Adopted by the Mayor and City Council of the City of Monroe 11-2-2009 by Ord. No. 09-012. Amendments noted where applicable.]
The provisions set forth in this chapter have been set forth in order to assist in compliance with the Federal Phase 2 National Pollutant Discharge Elimination System (NPDES) stormwater regulations, which are and will be administered by the State of Michigan. This administration is authorized by Michigan Public Act 451 of 1994, as amended, Part 31. The City of Monroe is subject to the requirements of this Act and has been issued a jurisdictional general permit for discharges from its municipal separate storm sewer system (MS4). Provisions of this chapter are set forth to establish requirements for the management of stormwater from new development and redevelopment throughout the City of Monroe to ensure consistency with state and federal regulations and administrative rules.
Editor's Note: See MCLA § 324.3101 et seq.
The requirements of this chapter shall apply to all new and redeveloped sites with projects that disturb one acre or more, including projects of less than one acre that are part of a larger common plan of development or sale that would disturb one acre of more. These requirements shall apply to all public and private sites within the City of Monroe, regardless of whether the stormwater outlet(s) from the site discharge to a designated county drain, City storm sewer system, waters of the state or any other type of conveyance. These requirements shall also apply to sites under the control of public agencies such as schools, federal and state governmental facilities, and other entities that might not otherwise be subject to site plan procedures and requirements set forth in other sections of the City's codified ordinances.
All sites subject to the provisions of this chapter shall be reviewed by the City Engineer, or other individual designated by the City of Monroe, for the following items:
Minimum treatment volume standard. The minimum treatment volume standard shall be one inch of rainfall from the entire site. Treatment methods shall be designed on a site-specific basis to achieve either a minimum of 80% removal of total suspended solids (TSS) as compared with uncontrolled runoff or the limitation of discharge concentrations of TSS to no more than 80 milligrams per liter. A minimum treatment volume standard is not required where site conditions are such that TSS concentrations in stormwater discharges will not exceed 80 milligrams per liter.
Channel protection criteria. The channel protection criteria shall be established to maintain post-development site runoff volume and peak flow rate at or below existing levels for all storms up to the two-year, twenty-four-hour event. "Existing levels" shall mean the runoff volume and peak flow rate of the last land use prior to the planned new development or redevelopment. Evaluation of this standard shall be made by the applicant and reviewed by the City Engineer.
Establishment of long-term operation and maintenance program. All structural and vegetative best management practices (BMPs) installed to meet the requirements of this chapter shall include a plan for maintaining maximum design performance through long-term operation and maintenance as a part of the application submittal. Where appropriate and necessary, the City of Monroe may require an easement for ongoing access to the facility, may require the facility itself to become a part of the public storm sewer system, or other requirements may be imposed as deemed necessary on a case-by-case basis. The City of Monroe shall retain all remedies available to it through other sections of the Code of the City of Monroe to address failure of the property owner to maintain all required BMPs, such as vegetated swales, sedimentation structures and the like, as a public nuisance, blight or other appropriate enforcement mechanism. Costs required for compliance shall be billed as a lien against the property as appropriate.
A violation of any of the provisions of this chapter shall be deemed a municipal civil infraction and subject to the payment of a civil fine determined in accordance with the following schedule:
The two-year period referenced in Subsection A shall be determined as of the date of the first violation. For illustrative purposes only: If the first violation occurs on July 1, 1999, the two-year period shall be from July 1, 1999, to June 30, 2001.
Each day that a violation exists, occurs or continues constitutes a separate offense and shall be subject to the penalties or sanctions provided herein as a separate offense.
Whoever violates this chapter shall also be subject to such additional sanctions, remedies and judicial orders as are authorized and provided for under Michigan law.