1040.03   SYSTEMS; DEPARTMENT; SUPERINTENDENT; AUTHORITY; PLANS AND SPECIFICATIONS; CONSTRUCTION PERMITS; LICENSE REQUIREMENTS; BOND AND DEPOSIT.
   (a)   The water supply system of Clinton Township, including all property and employees in connection therewith, shall be known as the “Clinton Township Water Supply System (CWSS)” and shall be under the control of the Clinton Township Board.
   (b)   The sewage disposal system of Clinton Township, including all main and lateral sewers and all property and employees in connection therewith, shall be known as the “Clinton Township Sewage Disposal System (CSDS)” and shall be under the control of the Clinton Township Board.
   (c)   The Charter Township of Clinton Water Supply System and Charter Township of Clinton Sewage Disposal System shall be operated presently under a department known as the Charter Township of Clinton Department of Public Services or under any other department as reorganized and approved through resolution of the Charter Township of Clinton Board of Trustees. Appropriate state licensure shall be maintained with necessary employees in order to deliver water and sewer services compliant with applicable State and Federal laws. The department and any successor departments shall control and regulate the supply of water to all public and private premises and the disposition of all waste water and sewage from such premises within the Township. Premises currently served by well water and/or septic systems are excluded, unless otherwise regulated pursuant to other ordinances within this Code of Ordinances.
   (d)   The Board may appoint a Department Head for the Department of Public Services to manage the water supply system and sewage disposal system as well as perform other tasks who shall, compliant with all applicable Township ordinances and regulations hire employees subject to the approval of the Township Board as may be necessary for the proper operation of the department. Such Director shall have direct control and responsibility for the operation and maintenance of the Department, shall supervise maintenance, improvement and repair, and shall provide for enforcement of this chapter all of which is subject to the oversight of the Township Supervisor and the direction and control of the Township Board.
   (e)   The Township Treasurer shall be responsible for all monies, including that collected by the Department, due the Clinton Township water supply system and the sewage disposal system, and shall keep an accurate separate account of each system.
   (f)   The Department, with approval of the Board, shall supervise the acquisition of rights-of-way and easements and the installation, purchase, maintenance, alteration and repair (in the Township and in other places as permitted by law) of buildings, reservoirs, fixtures, machinery, pipes, public wells and other works, including, but not limited to, service pipes from the main to the curb stop and the installation of meters and other incidentals.
   (g)   The water main or sewer systems of the Township are under the exclusive control of the Township Board and no person or persons other than agents or employees of the Department shall disturb, tap, change, obstruct, or interfere with them in any way, unless said person is properly licensed and performs said work pursuant to permit of the Township.
      (1)   Contractors who expect to install water and/or sanitary sewer service lines connecting to public water and sewer systems of the Township shall be licensed by the Township. To become eligible for licensing with the Township, a contractor must be licensed by the State Department of Licensing and Regulation in one of the following categories: master plumber, drain layer contractor (Class A or B), residential building or maintenance and alteration contractor (trade code D or L).
      (2)   To be licensed with the Township, an eligible contractor must annually comply with the following requirements:
         A.   Fees. Contractor shall pay an initial filing fee for a license which shall be valid for one (1) year from the date of issuance and if desiring to renew a license shall pay a renewal fee for each subsequent calendar year. Initial filing fees and renewal fees shall be in an amount as set forth in the General Fee Schedule, part of this Code of Ordinances.
         B.   Insurance requirement. While a contractor is licensed, he or she shall procure and maintain insurance, with the Township named as coinsured, covering the items listed in the following subsections:
            1.   Comprehensive general liability insurance. The contractor shall procure and maintain, during the life of his or her license period, comprehensive general liability insurance, which is intended to protect the insured from claims, any and/or all of which may arise out of or result from the contractor’s operations in the Township during the license period. Such insurance is further intended to cover all of the contractor’s operations, including the operations of any subcontractor or any person that is directly or indirectly employed by the contractor and/or his or her subcontractor. Such insurance shall also include coverage for explosion, collapse and/or underground damage. The claims from which the insured is to be protected include the following:
               a.   Claims for damages because of bodily injury, sickness, disease or death of any person other than the contractor’s employees. The limits of liability for bodily injury, including death, shall be one million dollars ($1,000,000) per occurrence.
               b.   Claims for injury or destruction of tangible property, including loss of use resulting therefrom. The limits of liability for property damage shall be one hundred thousand dollars ($100,000) per occurrence and two hundred thousand dollars ($200,000) aggregate limit.
            2.   Comprehensive motor vehicle liability insurance. The contractor shall provide this insurance in an amount not less than two hundred fifty thousand dollars ($250,000) for each person and five hundred thousand dollars ($500,000) per occurrence for bodily injury, including accidental death; and one hundred thousand dollars ($100,000) for property damage for each occurrence. The policy shall include coverage for owned, non-owned and hired motor vehicles,
      (3)   The Township reserves the right to revoke any contractor’s license, at any time for any one of the following reasons:
         A.   If the contractor violates Township ordinances or construction standards and/or specifications.
         B.   If the contractor refuses to restore his or her construction area to the condition that existed prior to his or her construction operations within thirty days after starting work.
         C.   If the contractor has breached any bond requirements and fails within a reasonable time to cure said breach.
         D.   Appeals shall be in writing, filed with the Department of Public Services with attention to the Director, marked in writing as “Appeal”. The written appeal shall state the grounds for appeal, attaching all documents to be relied upon supporting the appeal. Appeals shall be filed within 14 days of any denial, suspension or revocation. A hearing shall commence within 14 days of filing and a decision rendered within seven days in writing after the hearing. The action taken may be reversed, affirmed or modified with reasonable conditions imposed. Postponement or adjournment by the appellant or Superintendent may be granted with good cause.
         E.   If the Superintendent acts to deny, suspend or revoke an Appeal Body would be selected, consisting of a Public Works Division or Water and Sewer Division supervisor, the Township Engineer and one elected member of the Township Board.
      (4)   For each period for which the contractor expects to be licensed, he or she shall furnish the Township with a five thousand-dollar ($5,000) surety bond that will be payable to the Township if the contractor:
         A.   Fails to satisfactorily complete any building services sewer connections;
         B.   Fails to restore his or her construction site to the condition that existed prior to commencement of his or her work; or
         C.   Fails to abide by any other conditions listed on his or her license application.
   (h)   Extensions of, or changes in, the Township-funded water mains or sewers shall be made only by the direction of the Board. Petitions for the construction of new mains or sewers shall be addressed to the Board, which will thereupon consider the same and advise the petitioners of its decision. If the petition is granted, the Board shall stipulate the proportions of the cost to be borne by the petitioners and by the Department. All petitions for installation of sewers or water mains by special assessment shall be brought under Act 188 of the Public Acts of 1954 and amendments thereto.
   (i)   Any person, firm, or corporation installing site improvements at his, her or its own expense shall first submit two copies of complete plans and specifications for such work to the Department for approval. Engineers who propose to prepare plans and specifications for site improvements within the Township shall obtain from the Department or the Township Engineer the current edition of Engineering and Construction Standards. This publication contains the detailed procedures to accomplish this goal.
(Ord. 319. Passed 12-22-97; Ord. 342. Passed 6-30-03; Ord. 393. Passed 7-11-11; Ord. 482. Passed 10-24-22.)