[HISTORY: Adopted by the Township Board of the Charter Township
of Huron as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-8-1995 by Ord.
No. 95-1 (Part 168 of the 1995 Compilation of Ordinances)]
The Township is hereby authorized to impose impact fees on solid
waste or municipal solid waste incinerator ash that is disposed of
in landfills within the Charter Township of Huron. Said impact fees
may not be more than $0.10 per cubic yard on solid waste or municipal
solid waste incinerator ash that is disposed of in a Township landfill.
The Township may enter into an agreement with the owner or operator of a landfill to establish a higher impact fee than that provided for in § 319-1.
The impact fees imposed under this article shall be collected
by the owner or operator of the landfill and shall be paid to the
municipality quarterly by the 30th day after the end of each calendar
quarter. However, the impact fees allowed to be assessed to each landfill
under this article shall be reduced by any amount of revenue paid
to or available to the Township from the landfill under the terms
of any preexisting agreements, including, but not limited to, contracts,
special use permit conditions, court settlement agreement conditions
and trusts.
The Township shall deposit the revenue collected in its general fund to be used for any purpose that promotes the public health, safety or welfare of citizens of the Township. However, revenue collected pursuant to this section shall not be used to bring or support a lawsuit or other legal action against the owner or operator of a landfill who is collecting an impact fee pursuant to § 319-3 unless the owner or operator of the landfill has instituted a lawsuit or other legal action against the Township.
