(A) Intent and purpose. Pursuant to Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq., as amended, the State Department of Environmental Quality (“MDEQ”) is authorized to issue permits for onsite sewage disposal systems that service more than one property (referred to herein as a “community sewer system”). In issuing a Part 41 permit, the MDEQ may no longer require that the township adopt a resolution stating that the township will assume responsibility for the operation, maintenance, and in the event of system failure, clean-up of the proposed system, if the owner fails to do so. While the township recognizes that it cannot be forced to assume the responsibilities for a community sewer system, and a community sewer system may be in the best interests of the health, safety and welfare of the township and the residents in some circumstances, the township requires assurance that should a Part 41 permit be issued, the township shall not incur any costs or liability in connection with the design, construction, operation, maintenance, repair and/or replacement of that system. To this effect, this chapter is intended to regulate community sewer systems to provide those assurances.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT 451. Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq., as amended.
ASSOCIATION. For a condominium development, shall have the same meaning as “association of co-owners” found in Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended. For a subdivision or other development, it shall mean an association of homeowners or property owner organized to deed restrictions and/or restrictive covenants in a particular development.
COMMUNITY SEWER SYSTEM or SYSTEM. A facility for the transportation, collection, processing, or treatment of sanitary sewage, which is owned by a non-governmental entity and which services or which is proposed to service more than one structure.
DEVELOPMENT. Includes a subdivision as defined by Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended, a condominium pursuant to the provisions of Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended, or any group of dwellings or structures which are proposed to be serviced by a community sewer system.
DEVELOPMENT DOCUMENTS.
(a) For a condominium project, the master deed and bylaws provided by Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended: and
(b) With regard to subdivisions or other developments, deed restrictions and/or restrictive covenants.
DWELLING. A structure primarily designed or used for residential purposes.
EXPANSION. Any activity whereby additional structures or users shall be added to an existing system.
MDEQ. The Michigan Department of Environmental Quality, or its successors.
OWNER. The owner of a fee simple, or a land contract interest, in real property or the owner of a unit in a condominium, of property which is serviced or is proposed to be serviced by a community sewer system.
PART 41 PERMIT. A permit issued in accordance with the Provisions of Part 41 of Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq.
PUBLIC SANITARY SEWER SYSTEM. A publicly-owned sanitary sewer system.
SANITARY SEWER SYSTEM. A facility for transportation, collection, processing or treatment of sanitary sewage.
STRUCTURE. A building in which toilet, kitchen, laundry, bathing or other facilities that generate water carrying sanitary sewage are used for household, commercial, industrial or other purposes.
(C) Regulations.
(1) Except as provided in this chapter, it shall be unlawful to construct, install or operate a community sewer system to service a development within the township.
(2) The township shall grant approval of a community sewer system only after the applicant has provided all information and met all the requirements contained in this chapter.
(D) Requirements for approval.
(1) Any community sewer system shall comply with the terms of this chapter, applicable standards of the MDEQ, Michigan Department of Public Health, and the County Health Department, and any other applicable laws and regulations of the federal government, the state, the county and the township, as they may not exist or are hereafter adopted or amended. The system shall only be permitted within the R-1A, R-1B, R-2, MHR or RM Zoning Districts.
(2) No new community sewer or an expansion of an existing system shall be constructed, installed or operated within the township unless the plans for the installation and system design have been approved by the township, the County Health Department, the State Department of Public Health, and/or state department of environmental quality (MDEQ) (whichever had jurisdiction) as conforming with their regulations and a permit issued in accordance therewith, and any other applicable government unit having jurisdiction over the system.
(3) The applicant shall provide the following to the township before approval for a community sewer system may be granted:
(a) A certification from the system engineer indicating that the system as designed and constructed will adequately process sanitary sewage and waste as required by applicable laws and regulations of the federal government, state, county and the township. The township engineer shall review and make a recommendation regarding the adequacy of the certification;
(b) An executed agreement between the applicant, owner and/or association (which must be formed and made a party to any agreement executed hereunder), and the County Drain Commissioner Office, or another operator as determined by the township, in its sole discretion, to be properly certified and possessing the required ability to operate and manage the system.
1. The agreement shall contain provisions for: operation and maintenance of system; collection of charges for connection to, use and replacement of the system; and compliance with all applicable governmental laws, ordinances, regulations and agreements regarding the system.
2. The agreement shall provide that it may not be terminated without township approval. The language of the agreement shall be approved by the township attorney and township engineer prior to granting of township approval.
(c) An executed agreement between the applicant, owner and/or association, and the township in a form acceptable to the township. The agreement shall provide the terms and conditions related to the township’s obligation to oversee the system and shall specify:
1. The applicant, owner and/or association shall be responsible for operation and maintenance of the system;
2. The individual or entity responsible for the operation and maintenance on behalf of the applicant, owner and/or association;
3. Standards for operation, maintenance, repair and/or replacement of the system;
4. The applicant, owner and association shall jointly and severely indemnify the township from any and all costs and liability incurred by the township with respect to operation, maintenance, repair and replacement of the system;
5. The applicant, owner and/or association shall provide an escrow, bond or letter of credit in an amount determined by the township to satisfy all costs relating to the maintenance, operation, repair and/or replacement of the system. The amount of the escrow, bond or letter of credit account shall be established by the township prior to granting approval for the system;
6. The applicant, owner and/or association shall pay an application fee designed to reimburse the township for all its expenses involved in review of the construction and design of the system, or preparing or reviewing any documents references in this chapter, including review by the township engineer and township attorney, as required;
7. That should the designed individual entity fail to comply with any requirements listed in division (D)(3) above, that the township, may but is not required to, enter with or without notice onto the property, perform any necessary maintenance, repair, replacement and/or operation, with the applicant, owner and/or association reimbursing the township all costs resulting from the activity, plus a 25% administration fee; and that in default of the payment, the township shall be entitled to withdraw any or all of the escrow, bond or letter of credit account referenced in division (D)(3)(c)5. above, without the consent of the applicant, owner, association or any other person or entity and additionally undertake whatever collection proceedings are available to it by law including, but not limited to , the addition of the costs to the tax roll to be collected in the same manner as special assessments are assessed against any real property, or interest therein serviced by the system;
8. The applicant, owner and/or association shall provide for the maintenance of a policy of casualty insurance for the replacement value of the insurable components of the system and a policy of comprehensive general liability insurance with limits acceptable to the township, naming the township as an additional insured;
9. The township may, at its sole discretion, require that the community sewer system by abandoned and all properties in the development be connected to any publicly-owned community sewer system which may be constructed in the future abutting the development or easements abutting the development; and
10. In the event a publicly owned sewer system is created or if, notwithstanding the provision of this chapter, the township is required to assume responsibility for the system, the township shall have the option to purchase for the sum of $1: marketable title to any lands required to be titled in the name of the township by governmental or regulatory requirements; or easements reasonably deemed by the township to be necessary in conjunction with the township’s assumption of responsibility for community sewer system or future publicly-owned community sewer system.
(4) The applicant, owner and/or association shall also agree that provisions of the development documentation referenced in the preceding section shall also be included in a separate document, in form approved by the township attorney, and included within the condominium project, or in a separate recordable document for other developments, and delivered to the prospective purchaser prior to the execution of a purchase agreement for property proposed to be serviced by a community sewer system.
(5) A permanent and irrevocable easement, in recordable form, shall be granted by the applicant, owner and/or association to the township and its employees, agents and assigns authorizing them to enter onto the property upon which the system is located for the purpose of inspections. The easement shall also permit, but not require, the township access for the purpose of improving, repairing, maintaining and/or replacing the system area and require that the system area shall be maintained and to be accessible at all times, prohibiting any structures or landscaping within the area that would unreasonably interfere with the access.
(6) No building permit shall be used for any structure or development proposed to be serviced by a community sewer system until the township has inspected and approved the system in accordance with the terms and provisions of this chapter.
(7) Anything in this chapter to the contrary notwithstanding, the township shall not be responsible for or obligated to perform any needed or desired repairs, maintenance, improvement and/or replacement of the system or any portion thereof. Any like repairs, maintenance improvement and/or replacement undertaken by the township shall be in its sole and absolute discretion.
(8) At the time any approval for a community sewer system is granted, the township may condition such approval upon the applicant and current and future owners of property proposed to be serviced by the system and/or any association to adhere to certain operational and maintenance requirements. The contractor and/or association shall furnish periodic operating reports in accordance with the maintenance requirements and schedule. Any requirements shall be made a part of the development documents.
(9) The development documents referenced in divisions (D)(3) and (4) shall be recorded at the office of the County Register of Deeds. After approval by the township, the development documents, as they pertain to the system, shall not be changed without township approval, which restriction shall be expressly stated in the documents.
(10) The association, individual owners and/or users of the system shall be responsible for all costs involved in the installation, operation, maintenance, repair, replacement and liability associated with the system. The township may, at its option, elect to collect all costs it may incur in the connection with the system pursuant to the other provisions of this chapter, or by direct court action against the association, owners and/or users of the system.
(E) Enforcement and penalties.
(1) Civil remedies. The provisions of this section shall be enforceable through any and all remedies at law or in equity in any court of competent jurisdiction. Any violation of this section is deemed to be a nuisance per se.
(2) Criminal remedies. An person convicted of a violation of this chapter , or any person who knowingly makes any false, statements, representations or certifications in any application, record, pan or other document, filed or required to be maintained pursuant to this section, shall upon conviction be punished by a fine of not more than $500 or imprisonment in the county jail for a period of time not to exceed 90 days, or both the fine and imprisonment, in the discretion of the court, together with the costs of prosecution. Each day this section is violated shall constitute a separate offense.
(Ord. passed 6-28-2006) (Ord. passed 10-20-2008) Penalty, see § 154.999