(A) Connection permit required. No person may construct a building sewer and connect it to the village’s sewage disposal system without first receiving permission from the village. Application shall be made to the village on its forms at least seven days before the requested connection date. No application shall be accepted unless accompanied by the required fee. Failure to submit the application timely may result in delays, but may not be the basis for rejection of the application.
(B) Responsibility.
(1) The property owner is responsible for maintaining and preserving the good working conditions of the building sewer line up to and including the connection to the public sanitary sewer main or other proper sewage disposal point.
(2) If any building sewer line, or any portion thereof passes over or through premises which at the time of installation are the property of persons other than the owner of the premises to be served by the building sewer line, evidence of an easement acceptable to the village must be presented to the village before a connection permit may be issued for such line. The easement shall be recorded with the County Register of Deeds at the expense of the owner being served.
(C) Sewer requirements.
(1) All sewer connections shall be made with approved sewer pipe, not less than six inches in diameter, and at such locations in the public sewers where branches, wyes, or tees were placed for that purpose, if any. Where there are no branches, wyes, or tees, the sewer may, for the purpose of making connections, be tapped under the direction and supervision of the Director and the connection shall be made by a saddle device approved by the Director.
(2) All work for the purpose of making sewer and water connections shall be done in compliance with the rules and regulations adopted by the village and the Plumbing Code, Public Act 733 of 2002, being M.C.L.A. § 338.3511, enforced by the village. The materials of construction and construction methods must meet the requirements of the village.
(3) Whenever any existing sewer connections have been made with pipe smaller than six inches in internal diameter, then a stub connection not less than six inches in internal diameter shall be constructed from the main to the property line to serve such premises; however, the owner of any lot or parcel of land having a sewer connection of less than six inches internal diameter shall not be required to connect to the new stub connection until such time as existing connection is inadequate or requires repairing in public property.
(4) In no case shall the village issue a permit to repair an existing connection less than six inches in diameter under a pavement or gravel street where a six-inch stub line has been constructed, and if there is no six-inch stub line constructed, then the connection of less than six inches in diameter shall be replaced with a six-inch tile at the time when replacements or repair become necessary.
(D) Failure to connect. In the event the owner of a parcel of land fails to connect within the time permitted by the State Public Health Code, Public Act 368 of 1978, being M.C.L.A. §§ 333.1101 et seq. the village shall proceed to take such action as is authorized by the said Public Health Code to require the connection.
(E) Deferment of connection fee. Property owners, by reason of financial hardship, who are unable to pay the connection fee, may request to have the fee deferred until a later time under the following conditions and according to policies adopted by Council from time to time:
(1) Paying such fee would, by reason of age, indigency, or any other factor affecting ability to pay, tend to cause the property owner to become a public charge, or would otherwise work undue hardship upon the property owner;
(2) Deferring the connection fee from collection would not impair the financial standing of the village or the village’s sewage disposal system;
(3) Deferring the collection of the connection fee is in the best interest of the village; and
(4) No connection fee shall be deferred unless the property owners execute a note to the village secured by a real estate mortgage of the property being connected in order to ensure the eventual payment of the fee with the following conditions:
(a) The balance(s) due upon any other mortgages that are liens on the property to be connected and that have precedence over the village’s mortgages are such as to leave a sufficient equity in the property as to provide adequate protection and security to the village for the eventual payment;
(b) The note and mortgage may provide for an extension beyond the death of the mortgagor if necessary to protect the homestead of a surviving spouse or other dependent of the mortgagor;
(c) The note may bear interest at a rate determined by the Village Council;
(d) The note shall be payable in such number of years as the Village Council may determine, but in any event, shall be due and payable in full upon the death of the mortgagors or the sale of the property;
(e) The note shall provide that failure to pay real property taxes upon or personal property taxes in connection with the mortgaged property may be grounds for acceleration of the due date of such note and mortgage; and
(f) The note shall require the mortgagor to keep the real property insured with companies and in amounts acceptable to the village.
(F) Permit information. The Director shall keep a record of all permits granted under the authority of this chapter which shall include the name of the applicant and contractor, the location of the work, and the place in the street where the connection is to be made.
(G) Transferability of connection permits. Connection permits are issued for a specific property and are not transferable from one property to another. A permit runs with the land and stays with the property for which the permit was issued.
(H) Issuing connection permits to applicants outside village limits. Except as may be otherwise provided in a separate written agreement approved by no less than five of seven members of the Village Council, as provided for in section §§ 50.01 and 51.02, when application is made for permission to connect premises located outside of the village limits to the village’s sanitary sewer system, the Village Council may authorize the Village Manager to giant a permit for said connection upon the following terms and conditions:
(1) The premises for which the connection application is made abuts or is adjacent to a public right-of-way where a properly sized sanitary sewer main exists;
(2) The owner of the premises for which connection is sought submits with the application written permission from the governmental unit in which the premises are located to make the connection and an agreement from the governmental unit that it will place any delinquent sewage disposal charges, plus interest and penalties on the real property taxes of this property according to the procedures contained in Public Acts 94 of 1933, being M.C.L.A. §§ 141.101 et seq., as amended;
(3) The owner of the premises for which connection is sought acknowledges that all plumbing facilities within the building to be connected are installed according to the Plumbing Code, Public Act 733 of 2002, being M.C.L.A. 338.3511, currently enforced by the village;
(4) The owner of the premises for which connection is sought agrees to place a water meter in a location that meets village requirements;
(5) The owner of the premises for which connection is sought agrees to install in the building sewer line at or near the public right-of-way line an approved mechanism that can be accessed only by the village and that, when accessed, will stop the flow of waste to the sanitary sewer main;
(6) The owner of the premises for which connection is sought agrees to be bound by the rules and regulations of the village for the furnishing of sewage disposal service to the connected building, including rates, fees, and charges; and
(7) The owner of the premises for which connection is sought shall pay at the time of application a connection fee equal to 200% of the connection permit fee charged to premises situated within the village limits.
(I) Separate sewers. A separate and independent building sewer line shall be provided for every building except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, easement, or driveway, the building sewer from the front building may be extended to the rear building, and the whole shall be considered as one building sewer. No privately-owned sewer line, whether said line is located on the property being connected to the sewage disposal system, on the property of another as provided for in an easement, or in a public right-of-way shall be used to connect more than one premises.
(J) Work on private property. Excavation and backfill for building sewers on private property may be made by the owner. Connections and installation of the building sewer on private property shall be made by a licensed plumbing contractor or licensed sewer contractor.
(K) New use of existing sewers. Existing building sewers may be used in connection with new buildings only when they are found, on examination and test by the village, to meet all requirements of this chapter.
(L) Elevation of connection. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by means approved by the Director and discharged to the building sewer.
(M) Prohibited surface runoff connections. No person or owner shall make connection of roof downspouts, areaway drains, or other sources of surface runoff to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(N) Prohibited groundwater connections. Exterior foundation drain or other sources of groundwater shall not be connected to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(1984 Code. § 7-01-03-070) (Ord. 277, passed 6-10-1997; Ord. 352, passed 11-10-2002)