The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
APPLICATION FEE
A fee set by the Township Board of Trustees and paid to the
Township to cover the Township's fixed costs, including but not
limited to clerical, invoicing, collection, and related expenses associated
with issuing and managing any utility installation permit.
DEPARTMENT
The Utilities Department of the Township.
ESCROW DEPOSIT
A deposit in a form and amount set by the Township Board
of Trustees and paid to the Township to reimburse the Township for
its variable expenses, such as, but not limited to, utility inspections,
shop drawing reviews, administer and review installation, produce
corrective action reports (punch lists) and related expenses including
the reimbursement of any inspection, shop drawing review, punch lists
production or related expenses incurred by Pittsfield Charter Township
while acting as an authorized agent of the Washtenaw County Water
Resources Commissioner.
PERSON
Any contractor, builder, association, partnership, individual
or corporation, but shall not mean Pittsfield Charter Township nor
its agents, contractors, employees, or officials.
PLANS AND SPECIFICATIONS
An accurate description or representation of the stormwater
management system, sanitary sewer and/or water mains and their appurtenances
to be constructed, and shall include a location map with a legal description
of the easements wherein the stormwater management system, sanitary
sewer and/or water mains are to be constructed if the easements are
not located within a public highway, street or right-of-way. Final
as-built plans shall be delivered to the Township as soon as they
become available and shall be in an electronic format compatible and
consistent with the Township's electronic program system.
PROPRIETOR
Any person or any combination of persons, including a government
agency, which has a vested interest in a parcel of land upon which
a public sanitary sewer, public water system or stormwater management
system is to be constructed. The term "proprietor" includes, but is
not limited to, such commonly used references as a "subdivider," "developer"
and "owner."
PUBLIC SANITARY SEWER SYSTEM
A system of pipes, conduit, manholes, facilities and appurtenances
owned or controlled by the Township connected and tributary to the
sewage collection and disposal system of the Township.
PUBLIC SEWER
A sanitary sewer owned or controlled by the Township connected
and tributary to the sewage collection and disposal system of the
Township.
PUBLIC WATER SYSTEM
A system of pipes, conduits, fire hydrants, facilities and
appurtenances owned or controlled by the Township through which water
is obtained and distributed to the public.
STORMWATER MANAGEMENT SYSTEM
Any storm sewers, swales, culverts, retention/detention facilities
or combinations thereof that are part of the approved site plan or
plat.
An application fee and escrow deposit shall be paid to the Township
Treasurer at the time an application is filed to install public water
system, public sanitary sewer and/or stormwater management systems
in Pittsfield Charter Township. The application fee and escrow deposit
shall be established by a resolution of the Township Board of Trustees.
The escrow deposit shall be fixed as a percent of the estimated cost
of the work set forth in the application, or the cost estimated by
the Township Engineer. If the Township Engineer determines the cost
estimate as set forth in the application is incorrect, or has reason
to believe that the Township's costs will exceed the normal escrow
account amount, the Township Engineer may hold the application and
request additional information from the applicant to help determine
the cost estimate or require a larger escrow deposit.
A. The Township may unilaterally adjust the amount to be placed in the escrow deposit account. If the Township at any time determines the amount in the account to be inadequate, the Township may direct the proprietor in writing to deposit additional sums in increments of $2,000. Any such request shall, however, be accompanied by an up-to-date billing statement, a cost estimate of services incurred that have not been invoiced and an estimate of the cost of services not completed. Such additional funds shall be delivered to the Township within 14 days of the date of written request to proprietor. If the Township's costs are less than the amount placed in the escrow account, all funds remaining in the account shall be reimbursed by the Township to the proprietor within 90 days of issuance of a certificate of compliance by the Township for completion of the installation as provided in §
36-21.
B. In the event the funds in the escrow account are depleted and not timely supplemented as provided in Subsection
A above, then a stop-work order shall be issued and no permits or certificates of occupancy or acceptance of utilities shall be issued to the proprietor for any work on the subject project.
C. A late fee of 2% per month simple interest shall be assessed against
all past due utility inspection invoices.
D. Escrow deposit accounts delinquent for more than one year may be
turned over to a collection agency or by resolution of the Township
Board of Trustees a lien may be placed on lands owned by the proprietor
within the Township.
E. Any collection fees or legal fees accrued by the Township in its
efforts to collect delinquent accounts will be assessed to the proprietor.
F. If proprietor feels that a charge imposed for an inspection is not
reasonable, that charge may be appealed to the Township Board of Trustees,
whose decision shall be final.
G. The Township shall send the proprietor periodic statements (at least
quarterly) which sets forth the credits and debits to the account
during the period from the initial deposit or last statement, whichever
is later. The statements shall provide sufficient detail to inform
proprietor of the nature of the work performed, date the work was
performed and, where applicable, the manner in which the debit was
computed, i.e., number of hours and hourly rate.
H. Outstanding punch list items not complete by the proprietor within
six months from the date of notification shall be completed by the
Township Utilities Department or representative through the use of
the remaining escrow funds should they exist and/or cashing of any
bonds being held by the Township.
The Department shall not issue any such permit unless the application,
plans and specifications conform to:
A. The rules and regulations as amended and promulgated by the State
Department of Natural Resources, the State Department of Environmental
Quality pursuant to Public Act No. 399 of 1976 (MCL 325.1001 et seq.),
and the most recent edition of regulations of engineering design and
construction entitled "Recommended Standards for Sewage Works" and
"Recommended Standards for Water Works" as prepared by the Great Lakes
Upper Mississippi River Board of State Sanitary Engineers.
B. The most recent edition of the Rules and Guidelines of the Washtenaw
County Water Resources Commissioner entitled "Rules and Guidelines-Procedures
and Design Criteria for Stormwater Design Standards for Stormwater
Management Systems."
C. The location and size requirements for public sanitary sewer, public
water system, or stormwater management facilities as set forth in
the Township plans as approved and adopted by resolution of the Township
Board of Trustees, which shall be published by providing the plan
to the public at a reasonable charge.
D. The Township Engineering Standards as approved and adopted by resolution
of the Township Board of Trustees, which are available on the Township's
website and which may be offered to the public in booklet form at
a reasonable charge.
E. The Pittsfield Charter Township Engineering details and specifications
as approved by the Department which are available on the Township's
website.
F. In the case of conflict between any of the standards provided under
this section, the plans and specifications shall conform to the most
restrictive of such standards.
No person shall connect to the public sanitary sewer, public water system, or stormwater management system referred to in §
36-16 without first obtaining from the Department or Township Engineer written approval of the installation and construction of the facility.
The Township shall consider a resolution to accept an improvement
for purposes of dedication after a certificate of completion is issued
by the Department, all sums due the Township are paid, and at least
six months has elapsed since completion of all site improvements.
Any person violating any of the provisions of this article shall
be punished by a fine not to exceed $500 per day and the costs of
prosecution, or by imprisonment for a term not exceeding 90 days,
or both such fine and imprisonment. Each act of violation and every
day upon which such violation shall occur shall constitute a new and
separate offense subject to the daily fine.