Prevention of pollution from stormwater runoff and the protection of the quality of the waters of the state of Michigan is of utmost importance to the city. It is the purpose of this article and any rules promulgated pursuant to this article:

(a)

To protect the environment against pollution and other effects from stormwater runoff, and to protect the public health and safety;

(b)

To provide for the implementation of a stormwater management program in the City to manage and prevent flooding, pollution, and other effects from stormwater runoff;

(c)

To establish standards and criteria for the design and construction of stormwater management systems subject to the requirements of this article;

(d)

To establish best management practices for the design, construction, maintenance, and operation of stormwater management systems subject to the requirements of this article;

(e)

To provide for the issuance of stormwater construction approvals for construction activities subject to the requirements of this article;

(f)

To provide for the long-term preservation and maintenance of stormwater management systems subject to the requirements of the Ordinance;

(g)

To authorize the inspection of stormwater management systems subject to the requirements of this article; and

(h)

To provide for the administration, implementation and enforcement of this article.

(Ord. No. 375, § I, 3-17-08)

Rules, regulations, other regulatory standards or statutory provisions incorporated or adopted by reference in this article or any rules promulgated pursuant to this article shall have the same force and effect given to any provision of this article.

(Ord. No. 375, § I, 3-17-08)

As used in this article, the following terms have the following meanings:

Applicant means a person responsible for regulated construction activity on a development site who is seeking to obtain stormwater construction approval.

Construction activity means a human-made activity, including without limitation, clearing, grading, excavating, construction and paving, that results in an earth change or disturbance in the existing cover or topography of land, including any modification or alteration of a site or the "footprint" of a building that results in an earth change or disturbance in the existing cover or topography of land.

Conveyance means any structure or other means of safely conveying stormwater and stormwater runoff within a stormwater management system, including without limitation a watercourse, closed conduit, culvert, or bridge.

City means the City of Grosse Pointe.

Development site means the property on which regulated construction activity will occur or is occurring or has occurred.

Person means a natural person, trustee, court-appointed representative, syndicate, association, partnership, firm, club, company, corporation, business trust, institution, agency, government corporation, municipal corporation, city, county, municipality, district, or other political subdivision, department, bureau, agency or instrumentality of federal, state, or local government, or other entity recognized by law as the subject of rights and duties.

Regulated construction activity means construction activity that is subject to the provisions of this article or a rule promulgated pursuant to this article.

Stormwater means water resulting from precipitation, including without limitation rain, snow, and snowmelt.

Stormwater construction approval means an approval issued pursuant to this article and rules promulgated pursuant to this article.

Stormwater management program consists of ordinances, orders, rules, regulations, and other mechanisms that provide for the management of stormwater and stormwater runoff to prevent flooding and to ensure the restoration and/or protection of waters in the city.

Stormwater management system means any structure, feature or appurtenance subject to this article or a rule promulgated pursuant to this article that is designed to collect, detain, retain, treat, or convey stormwater or stormwater runoff, including without limitation buffer strips, swales, gutters, catch basins, closed conduits, detention systems, pretreatment systems, wetlands, pavement, unpaved surfaces, structures, watercourses, or surface waters. With respect to the city, stormwater management program consists of the requirements of this article, and activities mandated by the certificate of coverage issued by the Michigan Department of Environmental Quality to the city pursuant to the General Permit "Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s) Subject to Watershed Plan Requirements" (General Permit No. 610316).

Stormwater runoff means the excess portion of precipitation that does not infiltrate the ground, but "runs off" and reaches a conveyance, surface water, or watercourse.

Surface water means a body of water, including without limitation seasonal and intermittent waters, in which the surface of the water is exposed to the atmosphere, including without limitation lakes, open detention basins, forebays, watercourses, bioretention areas, retention basins, wetlands, and impoundments.

(Ord. No. 375, § I, 3-17-08)

This article and rules promulgated pursuant to this article shall apply to all of the following:

(a)

Construction activity that impacts stormwater runoff into or around new or existing road rights-of-way within the jurisdiction of the city;

(b)

Construction activity that impacts stormwater runoff into or around city drains;

(c)

Construction activity that impacts stormwater runoff in projects that are subject to the requirements of Act 288 of 1967 (Subdivision Control Act), MCL 560.101 et seq., as amended;

(d)

Construction activity that impacts stormwater runoff into, on, or through property owned by the city;

(e)

Construction activity that impacts new or existing storm sewer systems owned, operated, or controlled by the city.

(f)

Construction activity that occurs within and impacts or may impact water quality or water resources in watersheds or sub-watersheds included in the Certificate of Coverage issued by the Michigan Department of Environmental Quality to the city pursuant to the General Permit "Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s) Subject to Watershed Plan Requirements" (General Permit No. 610316).

(Ord. No. 375, § I, 3-17-08)

It shall be a violation of this article to engage in regulated construction activity except in accordance with this article and rules promulgated pursuant to this article, and pursuant to a valid stormwater construction approval issued by the city. A stormwater construction approval shall be issued in a form and manner approved by the city, and may be incorporated into a construction permit or other approval issued under or required by another ordinance, statute or regulation.

(Ord. No. 375, § I, 3-17-08)

(a)

Applicants shall submit a written application for a stormwater construction approval to the city. The application shall be made in a form and manner approved by the city, and shall include all information and documentation required by the city pursuant to this article or rules promulgated pursuant to this article.

(b)

All proposed modifications to a stormwater management system that has received a stormwater construction approval issued by the city shall be submitted to the city in writing, together with all information and all supporting documentation required by the city pursuant to this article or rules promulgated pursuant to this article to support the proposed modification. A person shall not commence regulated construction activity associated with a proposed modification without the approval of the city.

(Ord. No. 375, § I, 3-17-08)

(a)

The city may require an applicant to provide financial assurance for regulated construction activity.

(b)

Financial assurance provided pursuant to this section shall be in the form of a performance bond, cash deposit, or unconditional irrevocable letter of credit. The city may accept, with prior approval, an equivalent instrument as financial assurance for regulated construction activity.

(c)

The city may establish the form and amount of financial assurance to be provided; the events, circumstances, or occurrences that will cause the city to release the financial assurance mechanism; and other requirements for financial assurance to satisfy the purposes of this article.

(Ord. No. 375, § I, 3-17-08)

(a)

Except as provided below, stormwater management systems shall be designed in accordance with the minimum requirements for performance and design that are set forth in this article and in rules promulgated pursuant to this article.

(b)

The city encourages the development and use of innovative stormwater management system designs and construction techniques, including without limitation the use of non-structural practices to reduce stormwater runoff and/or its water quality impacts, to achieve the flood control and water quality objectives of this article and the rules promulgated hereunder.

(c)

Notwithstanding any provision in this article or a rule promulgated pursuant to this article, the city may require stormwater management systems to satisfy performance and/or design standards more stringent than the minimum requirements for performance and design set forth in this article and in rules promulgated pursuant to this article when necessary to address unique flood control or water resources protection issues at a development site, on adjacent properties, or downstream of a development site.

(Ord. No. 375, § I, 3-17-08)

(a)

Selecting and designing stormwater management systems to meet the requirements of this article and the rules promulgated pursuant to this article shall be the responsibility of the applicant or its designee, subject to the approval of the city pursuant to this article and rules promulgated pursuant to this article. The city may deny a stormwater construction approval for a system design that is not in compliance with these requirements.

(b)

In designing a stormwater management system, the applicant shall consider all relevant and appropriate factors, including without limitation the following:

(1)

The public health, safety, welfare, and the environment;

(2)

The inconvenience caused by stormwater runoff on the subject property;

(3)

The long-term impact of regulated construction activity on stormwater runoff on, from, and beyond the property;

(4)

The natural drainage pattern of the land;

(5)

The impact of the regulated construction activity on the affected watershed(s);

(6)

The effect of complete upstream development on the subject property as determined by applicable master plans and/or stormwater plans; and

(7)

The extent of downstream improvements necessary for proper stormwater drainage.

(Ord. No. 375, § I, 3-17-08)

The city council will adopt a written schedule from time to time establishing a fee system for administering and implementing the stormwater management program. The fee system may include fees for application submittal and review, project overview, compliance inspections, and any other task or service performed by the city to administer or implement the requirements of this article or rules promulgated hereunder. Fees may include charges for time and materials utilized by the city in implementing and administering the requirements of this article or rules promulgated pursuant to this article.

(Ord. No. 375, § I, 3-17-08)

The applicant for a stormwater construction approval shall demonstrate to the city in the application or during the application review process, as determined appropriate by the city, that the stormwater management system shall be maintained in perpetuity. This demonstration shall be made in the manner specified in rules promulgated pursuant to this article.

(Ord. No. 375, § I, 3-17-08)

For purposes of this article and rules promulgated pursuant to this article, long-term maintenance shall include site monitoring and preventative maintenance activities necessary to ensure that a stormwater management system functions properly as designed; remedial actions necessary to repair, modify, or reconstruct the system in the event the system does not function properly as designed at any time; notification to subsequent owners of limitations or restrictions on the property; actions necessary to enforce the terms of restrictive covenants or other instruments applicable to the property pursuant to this article and rules promulgated pursuant to this article; and such other actions as maybe set forth in rules promulgated hereto.

(Ord. No. 375, § I, 3-17-08)

Upon presentation of proper credentials and identification, and after stating the authority and purpose of the inspection, city inspectors shall be promptly permitted to enter and inspect a development site. The inspection shall be for the purpose of investigating the development site stormwater management systems, or components of stormwater management systems, to determine compliance or noncompliance with this article, rules or regulations promulgated pursuant to this article, and/or stormwater construction approvals issued pursuant to this article.

(Ord. No. 375, § I, 3-17-08)

(a)

If the city believes that a violation of this article, a rule promulgated pursuant to this article, or a stormwater construction approval issued hereunder may have occurred or exists, the city shall make a prompt investigation. If, after this investigation, the city determines that a violation has occurred or exists, the city shall attempt to enter into a voluntary agreement to resolve or correct the violation. An informal conference may be requested by the city or by any other person to facilitate a voluntary agreement.

(b)

If a voluntary agreement cannot be reached, the city shall take appropriate enforcement action pursuant to this article and other applicable provisions of law.

(Ord. No. 375, § I, 3-17-08)

(a)

If a voluntary agreement pursuant to section 90-463 cannot be reached, the city shall issue written notice of a violation to the person or persons alleged to have caused or contributed to a violation of this article, a rule promulgated pursuant to this article, and/or an approval issued hereunder. A written notice of violation shall include a statement of facts upon which the violation is based.

(b)

Within 14 days of the receipt of a written notice of violation, the alleged violator shall submit to the city an explanation of the violation and a plan for correcting the violation to comply with this article, rules promulgated pursuant to this article, and/or stormwater construction approvals issued hereunder. Submission of this plan in no way relieves the alleged violator of liability for any previous violation not addressed by the plan or future violation.

(c)

Within 14 days of the receipt of a written response to a notice of violation, the city shall determine whether the response resolves and/or corrects the alleged violation. If the city determines that the response resolves and/or corrects the violation, then the plan for correcting the violation shall be incorporated into a consent agreement pursuant to section 90-465.

(Ord. No. 375, § I, 3-17-08)

(a)

A consent agreement may be entered into at any time by and between the city and the person or persons alleged to have caused or contributed to a violation. The consent agreement shall be mutually acceptable to both the city and the recipient(s) and shall reflect the recipient's agreement to assume responsibility for and correct violations of this article, rules promulgated pursuant to this article, and approvals issued hereunder.

(b)

The consent agreement shall contain a short statement of facts, describe the actions necessary to correct the noncompliance, contain a compliance schedule, and be signed by all parties. The agreement may contain a monetary or other relief as agreed to by the parties for the noncompliance, including without limitation, amounts necessary to compensate the city for costs incurred investigating, administering and/or enforcing this article or rules promulgated hereto.

(Ord. No. 375, § I, 3-17-08)

(a)

If the city determines that a violation of this article, a rule promulgated pursuant to this article, or a stormwater construction approval issued hereunder has occurred or exists, the city may issue an administrative compliance order pursuant to this section 90-466.

(b)

Except as provided in section 90-467, the city may issue an administrative compliance order in the following circumstances:

(1)

The city determines that a person has violated a consent agreement entered into with the city; or

(2)

a.

The city determines that a person has violated or continues to violate this article, a rule promulgated pursuant to this article, or a stormwater construction approval issued hereunder, and

b.

The city has attempted to resolve the violation pursuant to sections 90-463 and 90-464 but no voluntary agreement or consent agreement has been entered into.

(c)

The administrative compliance order shall contain a statement of facts upon which the order is based, a description of the actions that must be taken to correct the noncompliance, a compliance schedule, and other requirements as might be reasonably necessary to address the noncompliance. Administrative compliance orders also may contain administrative fines and penalties, and such other monetary relief for the noncompliance, including without limitation amounts necessary to compensate the city for costs incurred investigating, administering, and enforcing this article or rules promulgated hereto.

(d)

Within 28 days of being issued an administrative compliance order, the person or persons receiving the order may appeal the issuance of the order pursuant to section 90-470 of this article.

(Ord. No. 375, § I, 3-17-08)

(a)

The city may issue an administrative order without attempting to resolve a violation by using the enforcement procedures described in sections 90-463 and 90-464 if the city finds that a violation of this article, a rule promulgated pursuant to this article, or a stormwater construction approval issued hereunder constitutes or causes, or will constitute or cause, a substantial injury to the public health, safety, welfare, or the environment, and it is prejudicial to the interests of the people of the city to delay action.

(b)

Administrative orders issued pursuant to this section 90-467 shall contain a statement of facts upon which the order is based, and notification to the person that it must immediately take action to discontinue, abate, correct, or otherwise address the imminent and substantial injury caused or likely to be caused by the noncompliance.

(c)

Within seven days, the city shall provide the person an opportunity to be heard and to present any proof that the noncompliance does not or will not constitute imminent and substantial injury to the public health, safety, welfare or the environment.

(d)

An order issued pursuant to this section 90-467 is effective on issuance and shall remain in effect for a period of not more than seven days, unless the city brings an action to restrain the alleged non-compliance pursuant to section 90-468 before the expiration of that period. If the city brings such an action within the seven-day period, the order issued by the city shall remain in effect for an additional seven days or such other period as is authorized by the court in which the action is brought.

(Ord. No. 375, § I, 3-17-08)

A person who violates any provision of this article or rules promulgated hereunder, including without limitation any notice, order, stormwater construction approval, agreement, decision, or determination promulgated, issued, made, or entered by the city under this article or rules promulgated hereunder, is responsible for a municipal civil infraction, subject to payment of a civil fine of not more than $500.00 per day, plus costs, abatement of the violation and other sanctions.

(Ord. No. 375, § I, 3-17-08)

Each act of violation, and each day or portion of a day that a violation of this article, rules or regulations promulgated pursuant to this article, stormwater construction approval, order, notice, or determination issued, made or entered into under this article is permitted to exist or occur, constitutes a separate offense and shall be punishable as provided by this article.

(Ord. No. 375, § I, 3-17-08)

Any person whose legal rights, duties, or privileges are determined by the city pursuant to this article or a rule promulgated pursuant to this article, and who is aggrieved by the city's determination, may appeal to the zoning board of appeals for relief of that grievance.

(Ord. No. 375, § I, 3-17-08)