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:
APPLICANT
An applicant for a land improvement permit pursuant to the
terms of this article.
AS-BUILT PLANS
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").
BUILDING INSPECTOR
The Village Building Inspector and/or Zoning Administrator,
or other Village employee designated and authorized with such powers/duties.
CERTIFICATE OF COMPLETION
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.
DETENTION BASIN
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.
DISCHARGE
The rate of flow of water at a given point in time resulting
from a storm event, measured in cubic feet per second (cfs).
DISTURBED AREA
An area of land subjected to the removal of vegetative cover
and/or earthmoving activities.
DRAINAGE SYSTEM
All facilities, channels and areas which serve to convey,
catch, filter, store and/or receive stormwater, either on a temporary
or permanent basis.
FLOOD
A temporary rise in the level of any water body, watercourse
or wetland which causes the inundation of areas not ordinarily covered
by water.
FLOODPLAIN
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.
GRADING
Any stripping, excavating, filling, stockpiling or any combination
thereof, including the land in its excavated or filled condition.
ILLICIT CONNECTION
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.
LAND IMPROVEMENT
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.
MAINTENANCE AGREEMENT
A binding agreement between the applicant proprietor and
Village which sets forth the terms and conditions for stormwater facility
maintenance.
OFF-SITE FACILITY
All or part of a drainage system which is located partially
or completely off of the development site which it serves.
PEAK RATE OF DISCHARGE
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).
PERSON
Any individual, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including governmental
agencies.
PROPRIETOR
A person, public corporation or authority, or a government
agency that holds an ownership interest in land, whether recorded
or not.
RETENTION BASIN
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.
RUNOFF
That part of precipitation which flows off the land, measured
in depth of inches.
SITE
Any tract, lot or parcel of land or combination of tracts,
lots or parcels of land proposed for development.
STORM DRAIN
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.
STRIPPING
Any activity which removes or significantly disturbs the
vegetative surface cover, including clearing and grubbing operations.
SURFACE DRAINAGE
Any stormwater collecting on or flowing over the surface
of ground.
SWALE
Low-lying area with gradual slopes which transports stormwater,
either on site or off site.
VEGETATIVE COVER
Grasses, shrubs, trees and other vegetation which hold and
stabilize soils.
WATERCOURSE
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.
WETLANDS
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:
A.
Contiguous to an inland lake or pond, or a river or stream;
B.
Not contiguous to an inland lake or pond, or a river or stream
and one acre or more in size.
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.
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 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.
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.)
C. Carrying out the proposed work in accordance with all the requirements of the permit and this article, and all other applicable Village ordinances, including Chapter
495, Article
VI.
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.
All land improvement activity and corresponding land improvement plans shall conform with the site grading requirements of Chapter
495, Article
VI.
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.
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.
D. The Planning Commission shall make findings of fact based upon competent evidence that the requirements of Subsection
A(1) or
(2) have been met.
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:
(1) Be designed to protect natural resources, the health, safety and
welfare of the community, and to advance the goals of this article.
(2) Be related to the valid exercise of the police power and purposes
which are affected by the proposed land improvement.
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.
No illicit connections as defined by §
495-54 shall be made, constructed, implemented or attempted to drainage systems in the Village of New Haven. Such violations shall be subject to the penalties set forth in Chapter
59, Municipal Civil Infractions, of the Code of the Village of New Haven.
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.