[Adopted 2-25-2015 by Ord. No. 317 as Ch. 36, Art. III, of the 2015 Pittsfield
Charter Township Code]
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:
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.
The Utilities Department of the Township.
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.
Any contractor, builder, association, partnership, individual
or corporation, but shall not mean Pittsfield Charter Township nor
its agents, contractors, employees, or officials.
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.
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."
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.
A sanitary sewer owned or controlled by the Township connected
and tributary to the sewage collection and disposal system of the
Township.
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.
Any storm sewers, swales, culverts, retention/detention facilities
or combinations thereof that are part of the approved site plan or
plat.
A.
The construction of any sanitary sewer that is designed or intended
to serve two or more separate buildings, dwellings or mobile homes
by connection to the public sewer shall not be commenced by any person
before filing with the Department the plans and specifications for
the sewer, and obtaining from the Department a valid permit for construction.
The construction of any water main designed or intended to serve a
fire hydrant, or two or more separate buildings, dwellings or mobile
homes, by connection to the public water system shall not be commenced
by any person before filing with the Department the plans and specifications
for the main and obtaining from the Department a valid permit for
construction. The construction of any stormwater management system
under the jurisdiction of the Township intended to provide on site
or off site drainage shall not be commenced by any person before filing
with the Department plans and specifications therefor, and obtaining
from the Department a valid permit for such construction.
B.
The proprietor shall file with the Department an application on a
form furnished by the Department giving:
(1)
The name and address of the persons intending to construct the improvement.
(2)
The correct names and addresses of all owners of land, and a legal
description of the respective parcels, wherein the improvement is
to be located outside of a public highway or street, including all
easements of record.
(3)
Evidence that all permits have been issued that are required by law
or contract to be obtained for construction of the improvement from
other governmental agencies.
(4)
The plans and specifications for the improvement.
(5)
The estimated cost of the work set forth in the plans as estimated
by the engineer preparing the plan.
(6)
Other information deemed necessary by the Department.
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.[1]
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.
A.
When the installation and construction of any public sanitary sewer, public water system or stormwater management facility is completed in accordance with a permit issued pursuant to § 36-16, the proprietor shall file with the Department a written request that the Department approve the installation and construction of the facility. The Department and/or the Township Engineer shall promptly inspect the work done under the permit and issue to the proprietor approval of the installation and construction if the Department and the Township Engineer are satisfied that the installation and construction of the facilities is satisfactory and in compliance with all standards and permit requirements. If the request is disapproved, the Department shall promptly advise the proprietor of the deficiencies. The Department may issue conditional approval to connect to the public system. All conditions attached to a conditional approval must be met before the Township accepts dedication of any extension of the public water system and/or public sanitary sewer system. The Township's approval of an installation or construction, or the expiration of any guarantee authorized by any statute or development agreement, does not alleviate the proprietor's responsibility or liability for defects (design, workmanship and materials) in construction.
B.
Upon approval of the installation and construction of the facility
by the Department, the proprietor shall be authorized to connect the
sewer to the public sewer system, or connect the water main to the
public water system. The facilities so connected shall not become
part of the public system until the Township accepts dedication of
the facilities. Except as to normal wear and tear, maintenance of
the facilities shall be the sole responsibility of the proprietor
until the Township accepts dedication of the facility. Any and all
costs associated with or arising during the development of the phase
or project, to include, but not limited to, damages caused to an improvement
during the construction of other improvements, buildings, facilities
or other structures, shall be the responsibility of the proprietor.
The Township in its reasonable discretion shall determine whether
an expense or cost constitutes wear or tear or is attributed to the
development. In the event the condition of the improvements constructed
pursuant to this article pose a threat to the health, safety and welfare
of those persons using the system, and the Township determines the
condition is a result of the construction of the development, then
the proprietor shall be liable for and indemnify the Township against
any claims raised by those persons using the system.
A.
When the installation and construction of any public sanitary sewer, public water system or stormwater management system is completed and the Department has approved the installation and construction pursuant to a permit issued under § 36-16, the proprietor shall file with the Department a written request that the Department issue a certificate of completion. The request shall also include the following:
(1)
An as-built drawing in a format acceptable to the Department, duly
certified by an engineer registered and licensed by the State of Michigan,
accurately disclosing the completed construction of said utility in
conformity with the permit issued by the Department.
(2)
Conveyance to the Township of all public sanitary sewers and public
water mains and appurtenances by the proprietors.
(3)
Conveyance to the Township of all easements wherein the public sanitary
sewers and/or public water system are located outside of public highways
and streets.
(4)
Policy of title insurance evidencing and insuring title of the easements
in the Township, approved by the Township Attorney.
(5)
Conveyance to the appropriate entity, i.e., homeowners' association
or condominium association, all roads and stormwater management systems
not under the jurisdiction of a public agency, and all road easements
and stormwater management system easements for such systems.
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.
