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MOTION MADE BY: Councilperson Eason MOTION SECONDED BY: Councilperson Covert AN ORDINANCE TO AMEND THE CITY OF NEW BALTIMORE CODE OF ORDINANCES, CHAPTER 55, ARTICLE VI – DETENTION, SEC. 55-51 – DESIGN STANDARDS, TO PROVIDE FOR ELIGIBLITY FOR ALTERNATIVE COMPLIANCE, OFF SITE MITIGATION, PAYMENT IN LIEU, AND TO PROVIDE FOR REPEALER, SEVERABILITY AND EFFECTIVE DATE. CITY OF NEW BALTIMORE MACOMB COUNTY, MICHIGAN ORDINANCE NO. 269 THE CITY OF NEW BALTIMORE ORDAINS: Section 1. The City of New Baltimore Code of Ordinances, Chapter 55, Article VI – Detention, Sec. 55-51 – Design Standards, is hereby amended by adding subparagraph (r) to provide as follows: (r) Eligibility for Alternate Compliance. Where a redevelopment project is unable to achieve full compliance with applicable stormwater performance standards on-site, despite implementing the maximum feasible stormwater retention measures, the applicant may pursue alternative compliance option, subject to approval by the City. (1) Off-Site Mitigation. Off-site mitigation shall consist of the installation or enhancement of best management practices (BMPs) at a location within the same municipal jurisdiction and within the same watershed or sewershed as the originating project site. The mitigation must provide a stormwater management benefit equivalent to 1.5 times the volume not managed on-site. (2) Payment in Lieu. In lieu of installing the required BMPs on-site, the applicant may remit a fee to the City. This fee shall be applied exclusively to the planning, construction, or maintenance of public stormwater management infrastructure located within the same jurisdiction and watershed or sewershed as the original project. The fee amount shall reflect an offset ration of 1:1.5, meaning the payment must support stormwater management capacity equal to one hundred fifty percent (150%) of the volume not retained on-site. (3) Completion: Off-site mitigation and in-lieu projects should be completed within twenty-four (24) months after the start of the original project site construction. Section 2. Repealer. All ordinances or parts of ordinances in conflict herewith are repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Severability. If any article, section, subsection, sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of remaining portions of the ordinance, being the intent of the City that this ordinance shall be fully severable. Section 4. Effective Date. This ordinance shall be effective not less than twenty (20) days after adoption and upon publication.. AYES: Covert, Dittrich, Eason, Harvey, Hayman NAYS: None. ABSENT: Duffy ORDINANCE DECLARED ADOPTED. ________________________ Thomas Semaan, Mayor Attested: ____________________ Marcella Shinska, Clerk CERTIFICATION I, Marcella Shinska, City Clerk for the City of New Baltimore, County of Macomb, State of Michigan, do hereby certify that Ordinance No. 269 was adopted by the City Council of New Baltimore, assembled in regular session on October 20, 2025. Said Ordinance was posted in the following places: Notice of said posting was published in October 20, 2025. ________________________ Marcella Shinska, City Clerk City Council Date: October 20, 2025 Publication Date: October 29, 2025