Charter Township of Oakland, MI Article VI Performance Guarantees, Easements, and Maintenance

§ 364-24 Applicability of requirements.

Requirements of this article concerning performance guarantees, easements, and maintenance agreements shall apply to proprietors required to submit a stormwater management plan to the Township for review and approval. These requirements do not apply to engineered grading plans.

§ 364-25 Performance guarantees.

A. The proprietor shall post some acceptable form of performance bond, cash escrow, certified check, or other performance security, if required by the Township Board. The performance guarantee shall be an amount sufficient to complete stormwater management and erosion control facilities as specified in the stormwater management plan. Required performance guarantees shall be provided to the Township after stormwater management plan approval but prior to the initiation of any earth change.

B. After determination by the Township Engineer that all facilities are constructed in compliance with the approved plan, the performance bond or other securities shall be released.

§ 364-26 Stormwater management easements.

A. Necessity. Stormwater management easements shall be provided by the proprietor to ensure:

(1) Access for inspections;

(2) Access to stormwater management facilities for maintenance purposes; and

(3) Preservation of primary and secondary drainage ways which are needed to serve stormwater management needs of other properties.

B. Off-site stormwater management. Stormwater management is required for all areas, including wetlands, used for off-site stormwater management.

C. Recording required. Easements shall be recorded with the county register of deeds according to county requirements.

D. Recording prior to building permit issuance. The proprietor must provide the Township Administrative Official with evidence of the recording of the easement prior to final subdivision plat or condominium approval or final construction approval.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 364-27 Maintenance agreement.

A. Purpose. The purpose of the maintenance agreement is to provide the means and assurance that maintenance of stormwater management and erosion control facilities shall be undertaken.

B. Submittal; approval.

(1) All development or earth change subject to stormwater management plan requirements (Article II of this chapter) shall submit a maintenance agreement to the Township Clerk.

(2) Maintenance agreements shall be approved by the Township Board prior to final subdivision plat or condominium approval in the case of subdivisions, and prior to construction approval in other cases.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Required provisions; agreement to be binding; recording.

(1) The maintenance agreement shall include sufficient terms and provisions to ensure that both routine and emergency maintenance shall be accomplished.

(2) The maintenance agreement shall be binding on all subsequent owners of land served by the stormwater management and erosion control facilities, and shall be recorded in the land records of the county prior to approval by the Township Board.

D. Establishment of county drains and maintenance for subdivisions.

(1) Prior to final plat or condominium approval, all stormwater management facilities for platted or condominium subdivisions shall be established as county drains, as authorized in the Drain Code, Public Act No. 40 of 1956 (MCLA § 280.1 et seq.).[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) Maintenance fees, as specified by the County Water Resources Commissioner, shall be provided to the Water Resources Commissioner.

(3) This requirement may be waived by the Township Board if compelling reasons are outlined by the proprietor or the Water Resources Commissioner.

(4) As part of the agreement establishing the county drain, stormwater facility maintenance responsibilities shall be assigned to the County Water Resources Commissioner.

§ 364-28 Notification of violations.

In the event that an owner or developer fails to comply with the requirements of this chapter or requirements of any maintenance agreement, the Township shall notify the proprietor in writing of the violations. Such notification shall set forth the nature of the violation and establish a time limit for correction.