Water supply rates and sewage supply rates are based on two charge components. The first is a “usage charge.” Where a water meter is installed, the usage charge is based on the consumption of water measured in units or fractions of units with one unit being the volume of one hundred cubic feet of water. The second charge is a “readiness to serve charge” which is based on the capacity of the user to draw water from the public system, and it is calculated by using the size of the water meter.
(a) Water Rates. For purposes of this section, where a residential use is present, “unit” shall be considered that portion of a structure occupied or designed for occupancy by one, or two or more persons living together and occupying that part of a building as a separate housekeeping unit with a common and single set of culinary facilities. Rates for water and sewage furnished by the Township shall be as published in Chapter 209
, General Fee Schedule, of this code. The Township shall pay at current rates for water used by the Township, or its departments.
(1) Water connection fee. In addition to all other charges herein provided, each premises connecting to the water mains of the system shall pay a connection fee. No connection shall be made to the water mains of the system until the applicant has paid the necessary connection fee for the same in accordance with Chapter 209 of these Codified Ordinances-the General Fee Schedule. The fees charged for a water connection shall be full payment for service connection to a point within seven feet of the right-of-way line, including the curb stop and stop box; furnishing and installing a meter on the premises; inspection of the water service line between the meter and curb stop; and not more than three months of unmetered water use during building construction on the premises. The person for whose benefit the connection is made shall, on behalf of himself or herself, or his or her heirs, executors, administrators or assigns, hold the Township harmless for any loss or damage that may in any way be occasioned by making such connection. All water meters shall remain the property of, and under the sole control of, the Township.
(2) Water system development fee. In addition to all other charges provided herein, the Township shall charge each premises connecting to the water mains of the system a water system development fee. Said charge shall be paid at the time that an application for permission to connect to the water mains of the system is taken out. The water system development fee shall be considered payment of the applicant's fair share of existing major capital improvements of the Township water system, such as trunk water mains, master water meters, and similar items that benefit all customers of the System.
For residential use, the water system development fee shall be paid for per single-family living unit as one capacity unit.
For occupational uses other than residential uses, the water system development fee shall be paid for multiples of capacity unit based on the amount of metered water expected to be used. A single capacity unit shall be considered the annual use of 7,200 cubic feet of metered water. The applicant shall pay a water system development fee at the current rate times the number of capacity units of expected annual water demand for each occupational use as set forth in the Table of Water and/or Sewer Capacity Unit Factors provided in subsection (c) hereof.
(3) Water debt service charge. In addition to all other charges provided herein, each premises abutting an existing water main of the system shall pay a water debt service charge, unless the premises have directly participated in the cost of installation of said abutting water main. The charge shall be in the manner set forth from time to time in the general fee schedule. The width of parcels liable for debt service charges may be computed in accordance with the Township policy adopted by the Township Board on February 10, 1965 and any revisions or successions thereto. The above debt service provision shall not apply to lots and subdivisions which were developed and platted before the effective date of this paragraph unless those lots connect the water service to such debt service line. Water debt service charges shall be paid prior to the beginning of site improvements and the issuance of a building permit.
An applicant may demonstrate his or her inability to pay water debt service charges in full by presenting to the Water and Sewer Department Superintendent or the Superintendent's designee evidence that the applicant meets the criteria of eligibility for a housing rehabilitation loan under the standards supplied by the Department of Planning and Community Development for determining community development block grant housing rehabilitation eligibility. Upon a determination by the Superintendent or his designee, the applicant may execute an agreement in recordable form which provides that debt service shall be due in full upon the sale or conveyance of any interest in the subject property. This hardship exception shall apply solely to premises which are occupied for residential purposes only and further, shall not apply to new construction property used for non-residential purposes or property which is being redeveloped.
The Superintendent of the Water and Sewer Department shall further be permitted to establish procedures to allow a water debt service charge to be paid on an installment basis over a ten year period by an applicant at an interest rate set forth in the fee schedule provided a recordable debt service agreement and tax lien form is executed and recorded at applicant's expense.
Whenever a debt service line has been installed following a declaration by the Superintendent of the Water and Sewers Department of a public health and safety emergency, persons abutting such line otherwise obligated under this section shall, upon application, be permitted to pay said debt service charge on an installment basis over a ten-year period with seven percent interest executing a debt service agreement and tax lien in a form substantially similar to that provided for in paragraph (c)(2) hereof.
(4) Miscellaneous service. For any water furnished other than through meters, the Water and Sewers Department shall fix a reasonable rate based on the number of connections or any other special consideration. For temporary use or use during construction, the Superintendent is authorized to measure the quantity of water used and bill the user accordingly.
(b) Sewer Rates.
(1) Sewage Disposal Charge. Except as otherwise provided herein, the sewage disposal charges provided by the system consisting of "usage charge" and "readiness to serve charge" shall be set forth and as indicated in Chapter 209
of the Codified Ordinances - General Fee Schedule. Charges shall be paid by each building or premises having a connection with the system.
Where more than one family unit on a premises is served by a single water connection, the minimum monthly sewage disposal charge for such premises shall be the rate calculated for a single unit multiplied by the number of family units served by such single water connection. A family unit shall be considered that portion of a structure occupied by one, or two or more persons living together and occupying part of the building as a separate housekeeping unit with a common and single set of culinary facilities. The Township shall pay for all sewage disposal service provided to it, or any of its departments at the current rates.
Where no water meter exists a flat charge shall be imposed equal to the "readiness to serve charge" imposed for single family unit multiplied by the number of family units served, and the "usage charge" multiplied by five. Sewage can also be charged as an alternative based on a meter size "readiness to serve charge" using the readiness to serve rates for sewer and a "usage charge" where an approved meter to measure water from the nonpublic source of water for the premises has been purchased from the Township, lawfully installed, and inspected by the Township.
(2) Sewer connection inspection charges. In addition to all other charges herein provided, each premises connecting to the sewers of the system shall pay a sewer connection inspection fee as indicated in Chapter 209
of these Codified Ordinances-the General Fee Schedule, for inspection of a tapping of a sewer service pipe to a public sanitary sewer. Said charge shall be paid in full at the time that an application for a connection is taken out.
(3) Sewer system development fee. In addition to all other charges provided herein, the Township shall charge each premises connecting to the sewers of the system a sewer system development fee. Said charge shall be paid at the time that an application for a permit to connect to the sewers of the system is made.
For residential use, the sewer system development fee shall be paid for as one capacity unit per single-family living unit.
For occupational uses other than residential uses, the sewer system development fee shall be multiples of capacity units based on the amount of metered water expected to be used. A single unit shall be considered the annual use of 7,200 cubic feet of metered water. The applicant shall pay a sewer system development fee, at the current rate, times the number of capacity units of expected annual water demand for each occupational use as set forth in the Table of Water and/or Sewer Capacity Unit Factors provided in subsection (c) hereof.
(4) Sewer debt service charge. In addition to all other charges provided herein, each premises abutting an existing sewer main of the system shall pay a sewer debt service charge, unless the premises have directly participated in the cost of installation of said abutting sewer main. The charge shall be in the manner set forth from time to time in the general fee schedule. The width of parcels liable for debt service charges may be computed in accordance with the Township policy adopted by the Township Board on February 10, 1965 and any revisions or successions thereto. The above debt service provision shall not apply to lots and subdivisions which were developed and platted before the effective date of this paragraph unless those lots connect the sewer service to such debt service line. Sewer debt service charges shall be paid prior to the beginning of site improvements and the issuance of a building permit.
An applicant may demonstrate his or her inability to pay sewer debt service charges in full by presenting to the Water and Sewer Department Superintendent or the Superintendent's designee evidence that the applicant meets the criteria of eligibility for a housing rehabilitation loan under the standards supplied by the Department of Planning and Community Development for determining community development block grant housing rehabilitation eligibility. Upon a determination by the Superintendent or his designee, the applicant may execute an agreement in recordable form which provides that debt service shall be due in full upon the sale or conveyance of any interest in the subject property. This hardship exception shall apply solely to premises which are occupied for residential purposes only and further, shall not apply to new construction property used for non-residential purposes or property which is being redeveloped.
The Superintendent of the Water and Sewer Department shall further be permitted to establish procedures to allow a sewer debt service charge to be paid on an installment basis over a ten year period by an applicant at an interest rate set forth in the fee schedule provided a recordable debt service agreement and tax lien form is executed and recorded at applicant's expense.
(5) Miscellaneous service. For any sewer service furnished other than to a premises having a metered water connection, the Township Board shall fix a reasonable rate based on the number of connections or any other special consideration; except for a single-family use, the minimum sewer rates shall apply. Special rates may be established by the Township Board to meet special circumstances or situations where in its judgment a special rate is deemed proper, advisable, fair and equitable.
(c) Other Conditions.
(1) The schedule of water and/or sewer capacity units shall be set forth in the fee schedule ordinance and subject to periodic review and adjustments as part of the fee schedule ordinance by the Board of Trustees for the Charter Township of Clinton, through Township Board Resolution. See Section 209.15 for the Table of Water and/or Sewer Capacity Unit Factors.
When the unit factor in the table refers to 1,000 square feet, it shall mean the gross floor area of the building measured from outside of wall to outside of wall on each floor of the building, including the basement area, if used for any use except as a storage room, furnace room or air conditioning equipment room. The water and/or sewer system development fee is also chargeable for any additions to a Building. Said fee shall be paid upon application for a building permit for the addition.
The total number of units assigned to a particular usage on a single premises (defined as a single use by a single lessee or owner) as computed from the above table shall be a whole number and any fractional portion thereof equal to 0.5 of one unit or more shall be considered the next higher whole number.
The Township reserves the right to review and adjust the total amount of the water and/or sewer development fees as computed at any time and shall review said fees upon receipt of the applicant's demand in writing within two years after the date of payment of the water and/or sewer system development fee as computed under the terms of this section. The basis for the Township's review of the original water and/or sewer system development fee shall be as follows:
The total recorded metered water use (in cubic feet) of each of the applicant's premises for a minimum period of twelve consecutive months after full occupancy and full projected use shall be divided by 7,200 cubic feet (defined in this section as one unit) to determine the number of adjusted units (rounded off to the nearest whole number) which when multiplied by the water and/or sewer system development fee per unit as specified elsewhere herein produces the total adjusted water and/or sewer development fee for that premises. The Township shall be the sole judge of the time when full occupancy and full projected use has begun.
On the above review basis, the Township shall refund the amount of the original water and/or sewer system development fee which is in excess of 125 percent of the adjusted water and/or sewer system development fee. The Township shall not be required to review the amount of any original water and/or sewer system development fee unless the applicant's demand in writing is received by the Township within two years of the date of payment of the original water and/or sewer system development fee.
(2) Debt service agreement and tax lien. When water and/or sewer debt service charge payment by installment is approved by the Township Board, the applicant shall execute a debt service agreement and tax lien, the form of which is on file with the Department.
For the purposes of granting authority, by the adoption of this subsection, the Township of Clinton hereby authorizes and directs that the Superintendent of the Water and Sewers Department execute the above cited debt service agreement and tax lien for and on behalf of the Township of Clinton, that the collection and administration of accounts under such debt service agreement and tax lien shall be administered by the Treasurer's Office of the Township of Clinton, and the Treasurer shall appropriately report any delinquency in payments and interest in order that the same may be properly recorded as a tax deficiency according to said agreement.
However, the Township Board shall have the right to withhold the property from the tax sale and maintain a five percent interest penalty from the date of default, and the Township may provide as a condition to the entering of a debt service agreement that all payments shall be due July 1 of each year regardless of the date of execution of the service agreement, and said payments shall include the principal and interest next due.
For the purposes of said debt service agreement and tax lien, an applicant shall be considered to be any person or persons, partnership, association, corporation or other legal entity which has a fee title interest in said property, whether or not it is encumbered by a mortgage.
Whenever an applicant is requesting water and/or sewer services and is subject to debt service charges, he or she shall be required to furnish a legal description of the parcel of land involved clearly indicating the number of feet for which he or she desires water or sewer service (i.e., the footage which borders the easement and/or right-of-way in which the sewer is located).
In locations where such water mains or sewers are installed in roads having existing or proposed rights-of-way wider than eighty-six feet and where such roads have a then-existing pavement width exceeding thirty-six feet, no premises located on the opposite side of such water mains or sewer shall be connected directly with the service connection into such water mains or sewers. In locations where such water mains or sewers are installed in roads having existing or proposed rights-of-way wider than eighty-six feet and where such roads have a then-existing pavement width of thirty-six feet or less, premises located on the opposite side of such pavement from such water mains or sewers may be connected directly with a service connection only with approval of each such proposed connection by the Township Board.
(3) Deposit. A cash deposit for property which may distinguish between classifications of the property is authorized as security for payment of water and sewage disposal rates in such amounts as may be established by the Board of Trustees of the Charter Township of Clinton in such instances as deemed advisable to secure payment within the discretion of the Board or otherwise as required pursuant to the provisions of Section 21 of Act 94 of the Public Acts of 1933, as amended.
(4) Billing. Charges for water and sewage disposal service shall be collected monthly. Bills shall become due and payable when received, and if not paid by the due date, a five percent penalty shall be added thereto.
(5) Enforcement. Charges for water and/or sewage disposal service and debt service charges shall constitute a lien on the property serviced, and if not paid within six months after the due date of the bill, shall be certified by the officer or employee charged with the duty of collecting said charges, to the Township Supervisor on or before March 1 of each year, and the Supervisor shall place the same on the general tax roll to be collected as part of the general Township taxes.
The Township shall have the right to shut off and discontinue the supply of water to any premises for non-payment, when due, of water and/or sewage disposal service charges. For turn-on charges, a fee shall be paid, in accordance with Chapter 209 of these Codified Ordinances - the General Fee Schedule, prior to turning on the water to such premises.
(Ord. 319. Passed 12-22-97; Ord. 343. Passed 6-30-03; Ord. 377. Passed 1-28-08; Ord. 389. Passed 8-24-09; Ord. 421. Passed 1-25-16; Ord. 460. Passed 9-30-19.)