[Adopted 2-14-2017 by Ord. No. 341]
This article shall be known and may be cited as the "Village
of New Haven Stormwater Management Ordinance."
The purpose of this article shall be:
A.
To assure that landowners control stormwater runoff from their property
so that lake and stream water quality are protected and flooding reduced.
B.
To protect the Village's lakes, ponds and waterways from any adverse
effects of stormwater runoff, while at the same time utilizing the
water holding capacity of the lakes, ponds and rivers.
C.
To encourage the use of stormwater conveyance and detention systems
which serve multiple purposes, including but not limited to flood
control, water quality enhancement, recreation and wetlands protection.
D.
To provide an opportunity for stormwater management and land balancing
systems to be incorporated into the early stages of site planning
and design.
E.
To allow on-site and/or off-site wetlands to be used for stormwater
detention, provided that adverse environmental impacts on wetlands
are minimized and provided that any anticipated effects are acceptable
to the Village and/or other entities responsible for regulating wetlands.
F.
To allow for off-site stormwater management if proposals meet the
requirements of this article and applicable county and/or state requirements.
G.
To assure that all stormwater conveyance and detention measures and
facilities will be properly constructed, maintained and preserved.
H.
To provide penalties for violation of the provisions of this article.
The following terms, phrases, words and derivatives shall have
the meanings given herein, unless the context otherwise requires:
An applicant for a land improvement permit pursuant to the
terms of this article.
Engineering drawings prepared after installation of all stormwater
management appurtenances and facilities provided for under plans and
specifications showing the as-built locations and dimensions of all
of the stormwater management appurtenances and facilities (sometimes
referred to as "record drawings").
The Village Building Inspector and/or Zoning Administrator,
or other Village employee designated and authorized with such powers/duties.
A signed written statement by the Village Engineer or building
official that specific construction has been inspected and found to
comply with any approved land improvement permit application and accompanying
plans and specifications and/or any stormwater management plan.
A structure or facility, natural or artificial, which stores
stormwater on a temporary basis and releases it at a controlled rate.
A detention basin may drain completely after a storm event, or it
may be a pond with a fixed minimum water elevation between runoff
events.
The rate of flow of water at a given point in time resulting
from a storm event, measured in cubic feet per second (cfs).
An area of land subjected to the removal of vegetative cover
and/or earthmoving activities.
All facilities, channels and areas which serve to convey,
catch, filter, store and/or receive stormwater, either on a temporary
or permanent basis.
The Macomb County Public Works Office standards as promulgated by the Macomb County Public Works Commissioner and Chapter 235.
A temporary rise in the level of any water body, watercourse
or wetland which causes the inundation of areas not ordinarily covered
by water.
The area of land adjoining a river, stream, watercourse,
lake or other body of water which will be inundated by a 100-year
frequency flood event.
Any stripping, excavating, filling, stockpiling or any combination
thereof, including the land in its excavated or filled condition.
Any physical connection to a separate storm sewer system or drainage system which violates the provisions of this article, Article IV or the engineering standards of the Village of New Haven or the Macomb County Public Works Office.
The construction or installation, of any sanitary sewer main,
storm sewer main, water main (excluding individual building sewer
and water leads and maintenance and repair work completed by the municipality
or its designated agent), or stormwater retention/detention pond or
any activity which will affect the surface water drainage of neighboring
property, or any earth change that disturbs one or more acres or is
within 500 feet of a lake or stream. Land improvement does not include
the plowing and tilling for the purpose of producing and harvesting
crops, unless the plowing or tilling will affect surface water drainage
on neighboring property, and does not include mining conducted pursuant
to a mining permit issued by the Village.
Permit required to conduct a land improvement according to
the terms of this article.
A binding agreement between the applicant proprietor and
Village which sets forth the terms and conditions for stormwater facility
maintenance.
All or part of a drainage system which is located partially
or completely off of the development site which it serves.
The maximum allowable rate of stormwater flow from a storm
event, as measured at a given point and time in cubic feet per second
(cfs).
Any individual, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including governmental
agencies.
The Village Planning Commission.
Those plans and specifications detailing the proposed land improvement in accordance with § 495-56.
A person, public corporation or authority, or a government
agency that holds an ownership interest in land, whether recorded
or not.
A stormwater holding area, either natural or man-made, which
does not have an outlet to adjoining watercourses or wetlands. Water
is removed from retention basins through infiltration and/or evaporation
processes, and a retention basin may or may not contain a permanent
pool of water.
That part of precipitation which flows off the land, measured
in depth of inches.
Any tract, lot or parcel of land or combination of tracts,
lots or parcels of land proposed for development.
A conduit, pipe, swale, natural channel or man-made structure
which serves to transport stormwater runoff. Storm drains may be either
enclosed conduits or open drains.
Any facility, structure, channel, area or measure which serves
to control stormwater runoff in accordance with the purposes and standards
of this article.
Any activity which removes or significantly disturbs the
vegetative surface cover, including clearing and grubbing operations.
Any stormwater collecting on or flowing over the surface
of ground.
Low-lying area with gradual slopes which transports stormwater,
either on site or off site.
Grasses, shrubs, trees and other vegetation which hold and
stabilize soils.
Village of New Haven.
Any waterway or other body of water having reasonably well
defined banks, including rivers, streams, creeks and brooks, whether
continually or intermittently flowing, and lakes and ponds, and/or
as shown on wetlands and watercourses maps.
Land characterized by the presence of water at a frequency
and duration sufficient to support and that under normal circumstances
does support wetland vegetation or aquatic life and is commonly referred
to as a bog, swamp or marsh and which is any of the following:
Village Zoning Ordinance.[1]
A.
No person shall commence a land improvement on any parcel of land
without having participated in a preconstruction meeting with the
Village Building Inspector or, if designated by the Village Building
Inspector, the Village Engineer.
A.
Types of land improvement permits. A land improvement permit issued
pursuant to this article shall be of one or more of the following
types, depending upon the nature of the work, in the opinion of the
Building Inspector, to be performed:
(1)
Paving: required for all land improvements involving paving.
(2)
Sanitary: required for all land improvements involving the construction
or repair of sanitary sewerage systems or facilities.
(3)
Grading: required for all land improvements involving grading.
(4)
Stormwater: required for all land improvements involving stormwater
management measures and/or facilities.
(5)
Water main: required for all land improvements involving the construction
or repair of a water main.
B.
Application. Prior to the construction or installation of a land
improvement on any parcel of land, the proprietor of such land, or
an agent having the written authorization of the proprietor, shall
submit an application for a land improvement permit with the Village's
Building Inspector. The application shall include the following:
(1)
Identification of which type(s) of land improvement permit the applicant
desires.
(2)
Proprietor's and applicant's name, mailing address and telephone
number.
(3)
Common description of property.
(4)
Written description of the proposed land use and the name of the
proposed development.
(5)
Proof of ownership of the property, as well as any off-site easements
for stormwater management. If the applicant is not the proprietor,
thin the proprietor shall provide written, signed authorized for the
application.
(6)
An estimate of the costs of the land improvement.
(7)
A sketch of the proposed land improvement in sufficient detail and
dimension to enable the Village's Building Inspector to determine
whether the land improvement will affect stormwater flow on adjacent
properties, including dimensions of land, total acreage and net acreage
(total acreage minus rights-of-way), existing zoning and zoning of
all adjacent properties and location and size of existing and proposed
lots, buildings, structures and pavement.
(8)
If the applicant does not intend to pursue a wetland permit, as otherwise required by Subsection E of this section, then the applicant must sign the following statement: "I hereby represent that the activity for which a Land Improvement Permit is requested from the Village does not impact a wetland or watercourse regulated by state statute or Village Ordinance." If the applicant does not sign such statement, then the permit shall be required under § 495-60.
(9)
The appropriate application fee, as set by resolution of the Village
Council.
(10)
In addition, land improvement plans and specifications in the form and number hereinafter specified in Subsection C shall be required in the event the land improvement:
(a)
Affects a disturbed area that exceeds one acre in size.
(e)
Will cause stormwater runoff to adjacent properties as determined
by the Village Building Inspector upon consultation with the Village
Engineer.
(f)
Will be situated within 25 feet of a watercourse or a regulated
wetland, or will discharge into a watercourse or regulated wetland.
(g)
Notwithstanding the foregoing, the Village Building Inspector,
upon consultation with the Village Engineer, may waive the requirement
for plans and specifications if the land improvement proposed will
not adversely affect adjacent property.
C.
Plans and specifications.
(1)
Land improvement plans and specifications shall be prepared by, and
each sheet of the plans signed and sealed by, a professional engineer.
Plans detailing parcel surveys must be signed and sealed by a licensed
land surveyor.
(2)
Plans shall be prepared on twenty-four-inch-by-thirty-six-inch size
sheets and shall generally be drawn to scale of not more than 50 feet
to the inch. The drawings shall contain sufficient detail to properly
show the proposed locations and methods of construction or grading
and any proposed soil erosion control measures as may be required
by the county Drain Commissioner. The Village Engineer may require
the plans to be drawn to a scale of 20 feet to the inch when deemed
necessary for proper review. The plans shall provide detail showing
stormwater management associated with a land improvement including
the design and dimension of stormwater conveyance facilities, stormwater
management measures and facilities including detention and retention
basins, and all other stormwater storage facilities. The plans shall
also include the following information:
(a)
Proposed changes to the land surface and existing vegetative
cover, including delineation of areas to be cut and filled. Final
contours at two-foot contour intervals shall be provided.
(b)
Flow routes with directional arrows for stormwater runoff from
both the ten-year storm frequency event and the 100-year storm frequency
event.
(c)
Proposed outlet points and associated drainage area boundaries.
(d)
The receiving watercourses for stormwater runoff, including
but not limited to lakes, streams, wetlands, road drains and county
drains, whether located on site or off site.
(e)
Calculations of the effect of the development upon the peak
rate of discharge, and a preliminary determination of the amount of
detention storage required to limit the proposed discharge to the
existing levels.
(f)
Entry points where stormwater runoff and watercourses enter
the site from off-site locations, with arrows indicating the direction
of the flow.
(g)
Outlet point and drainage area boundaries for all watercourses
on the site and within 100 feet of the site.
(h)
Description of the location, type and size of stormwater management
facilities and measures, including facilities for the conveyance,
infiltration and/or storage of stormwater runoff.
(i)
Location of easements to protect the primary and secondary drainage
systems, and to provide access for maintenance.
(j)
Other detail and dimensions to enable the Village Engineer to
determine compliance with the requirements of this article.
(3)
Three complete sets of plans and specifications shall be submitted
with the permit application.
(4)
After completion of the project, as-built plans, in an electronic
format and acceptable to the Village Engineer, must be submitted,
showing the exact location of all land improvements prior to issuance
of a certificate of completion. These plans must be prepared and certified
by the owner's engineer.
D.
Escrow fee required. An escrow fee, as determined by resolution of
the Village Council, in addition to the application fee, shall be
required if plans and specifications are required to be submitted.
E.
Required permits and approvals.
(1)
No land improvement permit shall be issued unless the applicant has
obtained all necessary and/or applicable additional approvals as follows,
unless the land improvement does not require the otherwise-required
permit or approval under the terms of the ordinance, law, regulation,
or policy governing such permit or approval:
(a)
Approvals required for a paving permit.
[1]
Approach permit, County Road Commission (MCDR) or the state
Department of Transportation (MDOT).
[2]
Soil erosion and sedimentation control (SESC) permit from the
Macomb County Public Works Office (MCPWO).
[3]
National Pollutant Discharge Elimination System (NPDES) permit
from the Michigan Department of Environmental Quality (MDEQ).
(b)
Approvals required for a sanitary permit.
(c)
(d)
Approvals required for a stormwater permit.
(2)
No land improvement permit shall be issued unless the applicant has
obtained final site plan approval under the Village Zoning Ordinance,[4] if such approval is required under the Zoning Ordinance
for the proposed land improvement, or if the proposed land improvement
is an element of a larger development that requires site plan approval
under the Zoning Ordinance.
(3)
No land improvement permit shall be issued unless the applicant has
obtained any other permit or approval required for the proposed land
improvement by any ordinance, law, or regulation.
A base land improvement application fee, and escrow fee to cover
the cost of professional review of the application and plans and specifications,
if necessary, shall be determined by resolution of the Village Council.
Any unused amount of the escrow fee shall be returned to the applicant.
The applicant shall not be required to submit an escrow fee if the
applicant has provided an escrow for site plan, site condominium or
plat review for the same land improvement project.
Upon receipt of the permit application, cost estimate and appropriate
fees, and plans and specifications, as necessary, the Village Building
Inspector shall transmit copies to the Village Engineer and other
Village professionals for their review as necessary.
The Village Engineer shall review the plans and specifications and approve the same if they comply with the provisions of Article VI of Chapter 495 and any other applicable Village, county or state regulation. If the applicant submits an extra copy of the plans and specifications with its application, then, in the event any item does not comply with Chapter 495, Article VI, or other applicable ordinance or county or state regulation, the plans and specifications shall be returned to the applicant, with notations as to any deficiency. The applicant shall resubmit the number of copies of corrected plans directly to the Village Engineer. Upon approval of the plans, the engineer shall notify the applicant or their engineer and the Village Building Department of such approval.
A.
The Building Inspector, upon consultation with the Village Engineer, may approve and issue the land improvement permit provided, if necessary, the applicant has obtained any additional approvals required pursuant to § 495-56E.
B.
Applicants required to provide plans and specifications shall submit
the appropriate inspection fee, performance guarantee and escrow fee,
if necessary, before a permit is issued.
C.
If a permit is approved under this subsection, the Building Inspector
shall issue the permit.
Following completion of the project described in the land improvement
application, the work shall be inspected by the Building Inspector
who may consult with the Village Engineer. The Building Inspector
may then issue a certificate of completion if the work complies with
the land improvement permit application. For applicants submitting
plans and specifications, the Building Inspector shall issue a certificate
of completion, upon consultation with the Village Engineer, if the
work conforms appropriately with the plans and specifications and
as-built plans have been submitted. No certificate of occupancy under
Village Zoning Ordinance[1] for newly constructed structures shall be issued unless
the applicant shall have obtained a certification of completion.
The applicant (submitting plans and specifications) shall submit
an inspection escrow fee prior to inspection. An inspection escrow
fee shall be established on a case-by-case basis by the Village Engineer
based upon a formula determined by resolution of the Village Council.
The unused portion of the escrow fee shall be returned to the applicant.
A.
The applicant that is required to submit plans and specifications
or applicant's contractor shall post a performance guarantee in the
form of cash, a certified check, or a letter of credit on a form approved
by the Village Attorney in the name of the Village guaranteeing completion
of the land improvement in compliance with the plans and specifications
as approved by the Village Engineer. The amount of the performance
guarantee shall be 125% of the amount of the estimated total cost
of completing the land improvement as determined by the Building Inspector
upon consultation with the Village Engineer.
B.
Return of the performance guarantee to the applicant or the applicant's
contractor shall be made on the conditions that the applicant has
complied with all of the provisions of this article and all of the
terms and conditions of the land improvement permit, and has completed
all of the work contemplated under the land improvement permit within
the time limit specified in the land improvement permit, or, if no
time limit is specified, within 180 days after the date of the issuance
of the land improvement permit or the completion of ongoing work under
the permit, whichever is later.
If the applicant (submitting plans and specifications) is unable
to complete the work within the specified time, he may, at least 10
days prior to the expiration of the permit, present in writing to
the Building Inspector a request for an extension of time setting
forth the reasons for the requested extension. Upon consultation with
the Village Engineer, additional time for the completion of the work
may be granted, but no such extension shall release the owner or surety
on the bond or the person furnishing the cash bond.
In the event of failure to complete the work or failure to comply
with all the requirements, conditions, and terms of the permit, the
Village Building Inspector, the Village Council, or the Planning Commission,
as appropriate, upon consultation with the Village Engineer, may order
such work as is necessary to eliminate any danger to persons or property
and to leave the site in a safe condition and may authorize completion
of all necessary temporary or permanent measures. The Village, after
notice to the applicant, may use the posted performance guarantee
for the purpose of completing the work. The applicant shall continue
to be firmly bound under a continuing obligation for the payment of
all necessary costs and expenses that may be incurred or expended
by the Village in causing any and all such work to be done.
Any modification of the approved land improvement described
in the permit application or in plans and specifications must be submitted
to and approved by the Building Inspector upon consultation with the
Village Engineer. All necessary supporting documentation shall be
submitted with any proposal to modify the approved land improvement
plans.
During land improvement operations the applicant with permit
shall be responsible for:
A.
The prevention of damage to any public utilities or services within
the limits of grading and along any routes of travel of the equipment.
B.
The prevention of damage to adjacent property. (No person shall grade
on land so close to the property line as to endanger any adjoining
public street, sidewalk, alley, or any public or private property
without supporting and protecting such property from settling, cracking,
or other damage which might result.)
D.
The prompt removal of all soil, miscellaneous debris, or other materials
applied, dumped, or otherwise deposited on public streets, highways,
sidewalks, or other public thoroughfares during transit to and from
the construction site, where such spillage constitutes a public nuisance
or hazard.
Any land improvement requiring submittal of plans and specifications
including that activity associated with a site plan, site condominium,
or plat, shall provide for stormwater management in the plans and
specifications in accordance with the following general standards:
A.
Stormwater management conveyance, storage, and infiltration facilities
shall be designed to prevent flood hazards and water pollution related
to runoff from the proposed development project.
B.
Stormwater from upstream and off-site locations shall be conveyed
through the site or stored on site.
C.
Unless otherwise approved, stormwater runoff shall be conveyed through
swales and vegetated buffer strips so as to decrease runoff velocity,
allow for natural infiltration, allow suspended sediment to settle,
and to remove pollutants.
D.
Alterations to natural drainage patterns shall not create flooding
or a water pollution condition for adjacent or downstream property
owners.
E.
Watercourses and adjacent stream banks shall not be dredged, cleared of vegetation, deepened, widened, straightened, stabilized or otherwise altered without approval from the state Department of Environmental Quality and/or the Village in accordance with the provisions of Article VI of this chapter, or, if the watercourse is a designated county drain, approval from the county Public Works Commissioner shall be obtained.
F.
No modifications of watercourses shall be permitted if the primary
purpose is to increase the flow capacity of the watercourse except
for the widening of county drains by the office of the Public Works
Commissioner.
G.
Discharge of runoff from commercial and industrial sites which may
contain oil, grease, toxic chemicals, or other polluting materials
shall be prohibited unless measures to reduce and trap pollutants
meet the requirements of the state Department of Environmental Quality
and the Village.
H.
Drainage systems shall be designed to protect public health and safety
and to be visually attractive.
I.
No land improvement permit shall be granted if the proposed action is likely to impact a wetland or watercourse unless a permit has been obtained pursuant to Article VI of this chapter. Wetland and watercourses may be utilized for stormwater discharge associated with a land improvement provided the discharge conforms with this article and any necessary permits are obtained pursuant to Article VI.
A.
The applicant's engineer must submit copies of all design data together with plans for any storm drainage system. Determination of surface runoff and sizing of sewer system pipes, culverts, and open channels shall comply with the standards of the county Public Works Commissioner or Chapter 495, Article VI, whichever standard is more strict.
B.
Any new development or addition(s) to an existing development must retain or detain the increased runoff on site unless otherwise directed by the Village Engineer. Acceptable means of retention and/or detention can be achieved through a separate retention and/or detention basin. The county method of retention basin design, as available from the county Public Works Commissioner's office or Chapter 495, Article VI, shall be utilized in determining the volume of retention and/or detention required based upon whichever standard is more strict.
A.
Necessity of easements. Stormwater management easements shall be
provided by the applicant if necessary to assure:
B.
Easements for off-site stormwater management. Stormwater management
and flood easements are required for all areas used for off-site stormwater
management measures and/or facilities, unless the areas are upon the
same parcel as the proposed development site at the time stormwater
management provisions of plans and specifications are submitted, or,
if plans and specifications are not required, at the time of application.
C.
Recording of easements. Easements shall be recorded with the county
Register of Deeds according to county requirements.
D.
Recording prior to building permit issuance. The proprietor must
provide the building official with evidence of the recording prior
to the issuance of a certificate of completion.
A.
Purpose of maintenance agreement. The purpose of the maintenance
agreement is to provide the means and assurance that maintenance of
stormwater management facilities shall be undertaken.
B.
Maintenance agreement required. An applicant for a land improvement
permit submitting plans and specifications containing stormwater management
measures and facilities, which in the opinion of the Village Engineer
will require future maintenance to remain effective and workable,
shall submit a maintenance agreement to the Village in a form acceptable
to the Village.
C.
The maintenance agreement shall provide for routine maintenance and
emergency maintenance.
D.
The maintenance agreement shall be binding on all subsequent owners
of land served by the stormwater management facilities, and shall
be recorded in the land records of the county within 30 days after
approval by the Village Council.
The Village Council may upon appeal in a specific case authorize
such waivers from the terms of this article as will not be contrary
to the public interest where, owing to special conditions, a literal
enforcement of the provisions of this article would result in practical
difficulties or unnecessary hardship. A waiver from the terms of this
article shall not be granted by the Planning Commission unless and
until:
A.
A written application for a waiver is submitted demonstrating that
literal enforcement of the article will result in either practical
difficulties or unnecessary hardship:
(1)
The existence of practical difficulties shall be determined upon
consideration of the following factors:
(a)
Strict compliance with the terms of the article will unreasonably
prevent the owner from using the property for a permitted purpose
or will render article conformity unnecessarily burdensome;
(b)
The waiver will do substantial justice to the applicant, as
well as to other property owners;
(c)
A lesser waiver than requested will not give substantial relief
to the applicant and will not be more consistent with justice to other
property owners;
(d)
The need for the waiver is due to the unique circumstances peculiar
to the property and not generally applicable in the area or to other
properties;
(e)
The problem and resulting need for the waiver has not been self-created
by the applicant and/or the applicant's predecessors;
(2)
Unnecessary hardship shall be established by demonstrating that:
(a)
The property cannot reasonably be used in compliance with this
article; and
(b)
The need for the waiver is due to the unique circumstances peculiar
to the property and not generally applicable in the area or to other
properties; and
(c)
The requested waiver will not adversely affect surrounding properties;
and
(d)
The hardship was not unreasonably self-created by the applicant.
B.
No incidence of noncompliance with this article by any person or
on any property shall be considered grounds for the issuance of a
waiver.
C.
Notice of a public hearing on the waiver application shall be given.
The public hearing shall be held. Any party may appear in person or
by agent or by attorney.
E.
The Planning Commission shall further make a finding that the reasons
set forth in the application justify the granting of a waiver, and
that the waiver is the minimum waiver that will make possible the
reasonable use of the property.
F.
The Planning Commission shall further make a finding that the granting
of the waiver will be in harmony with the general purpose and intent
of this article, and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
G.
In granting any waiver, the Planning Commission may prescribe appropriate
conditions and safeguards in conformity with this article. Violation
of such conditions and safeguards, when made a part of the terms under
which the waiver is granted, shall be deemed a violation of this article
and punishable as such. Conditions imposed shall meet all of the following
requirements:
Pursuant to Act No. 48 of the Public Acts of 2002, MCLA § 484.3101
et seq., as it may be amended from time to time ("Act"), no telecommunications
provider, as defined in the Act, shall be required to pay any fee,
charge, financial requirement, or other cost under this article beyond
that which is permitted by the Act. No provision of this article shall
be construed in such a manner as to violate the Act.
A.
Provisions of article declared to be minimum requirements. In their
interpretation and application, the provisions of this article shall
be minimum requirements, adopted for the promotion of the public health,
safety, morals or general welfare. Wherever the requirements of any
other lawfully adopted rules, regulations or ordinances are more or
less restrictive than the provisions of this article, the more restrictive
or that imposing the higher standards shall govern.
B.
Compliance regarding violations. Whenever a violation of this article occurs or is alleged to have occurred any person may file a written complaint. Such complaint shall be filed with the Village President or designated official. The Village President or designated official shall record, investigate, and take action(s) thereon as provided under Chapter 59 and this Article VI.
C.
Penalties for violation. Violation of the provisions of this article or failure to comply with any of its requirements shall constitute a municipal civil infraction. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be punishable as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven. Each day such violation continues shall be considered a separate offense.
D.
Responsible parties. The owner(s) or tenant(s) of any building, structure,
premises or part thereof, and architect, builder, contractor, other
design professional, agent or other person who commits, participates
in, assists in or maintains such violations may each be found guilty
of a separate offense and suffer the penalties herein provided.
E.
Public nuisance per se. Violations of the provisions of this article are declared to be a nuisance per se and may be abated by remedies as provided by law. Nothing herein contained shall prevent the Village from taking such other lawful action necessary to prevent or remedy any violation. In addition, the Village may pursue any injunctive or other relief which may be available. Nothing in this § 495-76 shall be construed to limit the remedies available to the Village in the event of a violation by a person of this article or a permit.
The Macomb County Design Standards for Stormwater Management
are hereby adopted by reference.
The provisions of this article shall be liberally interpreted in order to promote and accomplish the purposes of this article as set forth in § 495-53. Any limitations set forth in this article shall be construed as the minimum requirements in their interpretation and application. Wherever the requirements of any other lawfully adopted rules, regulations or ordinances are more or less restrictive than the provisions of this article, the more restrictive or that imposing the higher standards shall govern.
A.
This article shall take effect 30 days following publication of a
notice of adoption hereof as provided by state law. This article was
adopted by the Village Council on December 13, 2016.
B.
A notice of adoption was published in The Bay Voice on December 14,
2016.
C.
The effective date of the Village of New Haven Stormwater Drainage
and Land Improvement Control Ordinance is January 14, 2017.
