[Adopted 3-15-2010 by Ord. No. 20100315a]
Whenever used in this article, except when indicated by the
context, the following terms shall have the indicated meanings:
A public sanitary sewer system, whether publicly or privately
financed, located in a right-of-way, easement, highway, street or
public way which crosses, adjoins or abuts upon the premises and passing
not more than 200 feet at the nearest point from a structure in which
sanitary sewage originates, provided that, in the event a state agency
shall require connection to the system, the aforesaid restriction
of 200 feet shall be inapplicable and the term "available public sanitary
sewer" shall include the public sanitary sewer system at the nearest
point from a structure in which sanitary sewage originates.
The amount charged to each premises in the municipality connected
to the system for sewage disposal services.
The amount charged at the time and in the amount hereinafter
provided to premises in the municipality for connection to a part
of the system financed by municipal bonds.
The amount charged at the time and in the amount hereinafter
provided to premises in the municipality for connection to a part
of the system not financed by municipal bonds.
The amount charged to each applicant by the municipality
at the time an application is made to the municipality to connect,
directly or indirectly, said premises to the system to cover the cost
of inspecting and approving the physical connection to the system
or other sewer line and the issuance of a connection permit.
Shall be construed to mean the Township Board of said Township
of New Buffalo, the legislative and governing body thereof.
The Township of New Buffalo; and the term "county" shall
be construed to mean the County of Berrien, both in the State of Michigan.
Any parcel of land and structure or structures thereon connected
or connecting to the system or required to be connected to the system.
The unit of measure for calculating fees. One REU is equivalent
to one single-family dwelling unit's use of water during a thirty-day
period of approximately 7,500 gallons. Fees are charged on a "per
REU" basis.
Refers to the collection, transportation, treatment and disposal
of sanitary sewage emanating from premises now or hereafter connected,
directly or indirectly, to the sewage disposal system.
The collecting portion of the Berrien County Sewage Disposal
System No. 7 (Galien River Sanitary District) within the corporate
boundaries of the municipality, established and constructed by the
county under contract with the municipality and other members of said
Sanitary District, dated November 13, 1975, and leased to the municipality,
and all extensions, enlargements and improvements thereto.
A building in which toilet, kitchen, laundry, bathing or
other facilities which generate water-carried sanitary sewage are
used or are available for use of household, commercial, industrial
or other purposes.
Related to the quantity of sanitary sewage ordinarily arising
from the occupancy of a residence building by a single family of ordinary
size, as shall from time to time be defined by the municipality.
Public sanitary sewage systems are essential to the health,
safety and welfare of the people of the state and the municipality.
Septic tank disposal systems are subject to failure due to soil conditions
or other reasons. Failure or potential failure of septic tank disposal
systems poses a threat to the public health, safety and welfare; presents
a potential for ill health, transmission of disease, mortality and
potential economic blight and constitutes a threat to the quality
of surface waters of the state and the earliest, reasonable date of
connection to the available public sanitary sewer is a matter for
the protection of the public health, safety and welfare and necessary
in the public interest which is declared as a matter of legislative
determination.
Structures in which sanitary sewage originates located in the
municipality in the area served by the system for which there is an
available public sanitary sewer of the system shall not be used or
occupied, after the effective date hereof, unless said structures
are connected to the sewage disposal systems, provided that structures
within the municipality in which sanitary sewage is originating on
the effective date hereof or in which sanitary sewage originates before
availability of the system or any part thereof to serve said structures
shall be connected to said system within 90 days after publication
of a notice by the municipality in a newspaper of general circulation
in the municipality of the availability of the system. Plats for premises
in the area served by the system subdivided into three or more lots
or parcels, after the effective date hereof, which shall be improved
by the erection of a structure thereon unless lateral sewers to serve
all of said lots or parcels and to connect same to the system are
available as part of the system or shall be installed at private cost
(or the estimated cost thereof deposited with the municipality) in
the manner, size and location approved by the municipality. Where
a structure in which sanitary sewage originates has not been connected
to an available public sanitary sewer within the time period provided
above, the municipality shall require the connection to be made forthwith
after notice, which may be by first-class or certified mail or posting
on the property, to the owner of the property on which the structure
is located. The notice shall give the approximate location of the
public sanitary sewer system which is available for connection to
the structure involved and shall advise the owner of the requirements
and of the enforcement provisions of this article and other applicable
laws.
No person, firm, corporation or association shall discharge
wastewater originating from a newly constructed structure after May
1, 2010, that is within 400 feet of an available public sanitary sewer
system. It is mandatory that all newly constructed structures within
400 feet of an available public sanitary sewer shall connect to the
available public sanitary sewer. The only exception to the above mandatory
connection requirements is the discharge of noncontact cooling water
or a discharge from a groundwater remediation activity.
Owners of premises within the municipality which are used or
occupied by persons, firms or corporations and for which connection
to the system is available shall pay the following fees and charges
at the time or times specified herein, to-wit:
A.
For residential premises connecting to a publicly financed part of the system, a direct connection fee, in an amount as established from time to time by resolution of the Township Board, per REU shall be paid for connections on or after July 1, 1978. The number of units or REUs required for premises will be determined by the municipality and direct connection fees shall be paid in full before the date of connection. The preceding connection fee is for one REU or unit ordinarily arising from the occupancy of a residential building by a single family of ordinary size, and shall not exceed 7,500 gallons of water usage per month. However, the number of REUs or units assigned to any residential premises is subject to change pursuant to §§ 345-10 and 345-11 of this article for any subsequent change in character, use, type of occupancy, or size of the premises after connection and additional direct connection fees shall be paid to the municipality prior to any change in character, use, type of occupancy, or size.
[Amended 12-19-2016;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
For residential premises connecting to a privately financed part of the system, an indirect connection fee, in an amount as established from time to time by resolution of the Township Board, per unit for connections on or after July 1, 1978, such units to be determined by the municipality, which sum shall be paid in full, in advance, on or before the date of connection. The preceding connection fee is for one REU or unit ordinarily arising from the occupancy of a residential building by a single family of ordinary size, and shall not exceed 7,500 gallons of water usage per month. However, the number of REUs or units assigned to any residential premises is subject to change pursuant to §§ 345-10 and 345-11 of this article for any subsequent change in character, use, type of occupancy, or size of the premises after connection and additional indirect connection fees shall be paid to the municipality prior to any change in character, use, type of occupancy, or size.
[Amended 12-19-2016;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
For commercial or industrial premises connecting to a publicly or privately financed part of the system, a direct or indirect connection fee in the amount set forth in Subsection A or B, as applicable, shall be paid for connections on or after July 1, 1978. The number of REUs or units required for premises will be determined by the legislative body, or its designee, based on the attached Table of Residential Equivalent Unit Factors.[1] Connection fees shall be paid in full before the date of connection. However, the number of REUs or units assigned to any commercial or industrial premises is subject to change pursuant to §§ 345-10 and 345-11 of this article for any subsequent change in character, use, type of occupancy, or size of the premises after connection and additional direct or indirect connection fees shall be paid to the municipality prior to any change in character, use, type of occupancy, or size.
[Amended 12-19-2016]
[1]
Editor's Note: The Table of Residential Equivalent Unit Factors is included as an attachment to this chapter.
D.
A ready to serve charge for sewage disposal services, in an amount
as established from time to time by resolution of the Township Board,
per month per unit for up to 7,500 gallons per month payable monthly
for commercial and industrial connections shall be paid after receiving
a statement for said services commencing on the date of the connection
to the Township or any other municipal water system.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
A ready to serve charge for sewage disposal services, in an amount
as established from time to time by resolution of the Township Board,
per month per unit for residential customers payable in arrears bimonthly
commencing on the date the Township water connection, or any other
municipal water system connection, is made (with the understanding
that the first payment will be prorated to the nearest full month)
at the rate or rates per unit herein established.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
If the premises is not connected to the Township water system, or
any other municipal water system, the sewer ready to serve charge,
in an amount as established from time to time by resolution of the
Township Board, per month per unit for residential customers payable
in arrears bimonthly commencing on the date of occupancy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
If any unit, residential, commercial or industrial, uses more than
7,500 gallons of water per month, then the sewage disposal fee shall
be in an amount as established from time to time by resolution of
the Township Board, per month plus an additional amount as established
from time to time by resolution of the Township Board per 1,000 gallons
or any part thereof over 7,500 gallons.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
Sewer customers that are connected to other municipal water systems
shall pay sewer charges based on the monthly average water usage rounded
to the nearest 1/4 REU of the previous years.
I.
In the event that a private sewer system (where ownership remains
other than in the Township) connects to the municipal system and then
remains a private system (not within the Township's control), those
users connected to that private system will pay a rate 1.5 times the
established user rates.
[Added 10-18-2010]
[Amended 12-19-2016]
The number of REUs to be assigned to any premises shall be determined by the legislative body of the municipality and its decision shall be final. If the circumstances justify, the legislative body, or its designee, may assign more than one REU or unit to a single-family dwelling. No less than one REU or unit shall be assigned to any premises, but REUs or units in excess of one may be computed and assigned to the nearest tenth. After any premises has been connected to the system and has been assigned one or more REUs or units, subsequent changes in the character, use, type of occupancy, or size of the premises may result in an increase in the number of REUs or units assigned to said premises and additional connection fees shall be paid to the municipality before such changes in the character, use, type of occupancy, or size of the premises pursuant to § 345-11 of this article. The increase in REUs or units shall be determined by the legislative body, or its designee, under this article and as provided in the attached Table of Residential Equivalent Unit Factors.[1] No changes in the character, use, type of occupancy, or
size of any premises (including destruction, removal or abandonment
of any or all improvements on the premises) shall result in a reduction
of the REUs or units assigned to the premises, nor shall a refund
be due for any fees previously paid.
[1]
Editor's Note: The Table of Residential Equivalent Unit Factors is included as an attachment to this chapter.
[Amended 12-19-2016]
If subsequent changes to the character, use, type of occupancy, or size of any premises occur after connection to either a public or privately financed part of the system which increase the amount of sanitary sewage emanating from any premises, the legislative body, or its designee, may increase the number of REUs or units assigned to said premises and thereupon, the fees and charges specified in § 345-9 hereof, as applicable, shall be immediately due and payable for each additional unit so assigned at the time a construction or any other permit is issued by the municipality for changes to the character, use, type of occupancy, or size of any premises or at the time such change to the character, use, type of occupancy, or size of any premises occurs, if no permit is issued or required.
[Amended 9-18-2017; 3-5-2018]
Charges for sewage disposal services to each premises within
the municipality connected with the sewage disposal system, as determined
herein by the legislative body of the municipality as provided in
the said contract with the Galien River Sanitary District, may be
amended by ordinance or resolution adopted and amended from time to
time by agreement pertaining to the system between the municipality
and the Galien River Sanitary District, or any amendments thereto.
No free service shall be furnished by the system to the municipality
or to any person, firm or corporation, public or private, or to any
public agency or instrumentally. Charges for residential services
furnished by the system shall be billed and collected bimonthly. The
schedule of rates and charges shall be revised or amended by ordinance
or resolution from time to time by the Township Board. The Township
Board reserves the right to negotiate rates and fees with commercial,
private developers, and industrial users.
[Amended 1-16-2018]
Beginning July 1, 2018, and continuing annually on July 1 thereafter,
the base rates for sewer ready to serve and sewer usage will be increased
by 2% unless revised by resolution of the Township Board.
If any charges for sewage disposal services are not paid on
or before the due date, then a penalty of 10% of the total amount
due shall be added to the bill.
Charges for sewage disposal services furnished by the system
to any premises and the direct connection fee to any premises shall
be a lien thereon as of the due date thereof, and on October 1 of
each year, the Clerk of the municipality shall certify any such charges
which have been delinquent 90 days or more. The amount shall be entered
upon the next tax roll of the municipality against the premises to
which such services shall have been rendered and against which such
connection fee, and/or other charges, have been placed and said unpaid
charges and fees, with penalties and interest accrued thereon, shall
be collected and said lien shall be enforced in the same manner as
provided in respect to delinquent taxes assessed upon such roll.
The system shall be operated upon the basis of a fiscal year
beginning on July 1 and ending on June 30 of the following year.
The operation, maintenance and management of the system shall
be under the immediate supervision and control of the legislative
body or of the Galien River Sanitary District.
Only those persons or individuals who are licensed and bonded
in the amount of $10,000 are authorized to perform any work on the
Township Public Sewer within the Township sewer right-of-way. Galien
River Sanitary District is exempt from this requirement. All bonds
must be on file with the Township Building Department.
This article shall be known and may be cited as the "Township
of New Buffalo Sewer and Sewage Disposal Ordinance."
Any person who violates any provision of this article, or who
discharges or causes a discharge that produces a deposit or obstruction
or otherwise damages or impairs the Township sewer system, which includes
but is not limited to, manholes, gravity piping, laterals, force mains,
and lift stations and their components, or causes or contributes to
a violation of any federal, state, or local law governing the system,
shall be liable to and shall fully reimburse the Township for all
expenses, costs, losses, or damages (direct or indirect) payable and
incurred by the Township as a result of such discharge, violation
exceedence, or noncompliance.
The provisions of this article shall be enforceable through
the bringing of appropriate action for injunction, mandamus, or otherwise,
in any court of jurisdiction. Any violation of this article is deemed
to be a nuisance per se.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation convicted of disposing of sewage
in a manner contrary to the provisions of this article, or failing
to connect with an available public sewer as provided herein, or violating
the provisions of this article in any way other than nonpayment of
fees and charges, shall be responsible for a civil infraction and
subject to a fine in an amount as established from time to time by
resolution of the Township Board (check with the Municipal Ordinance
Violations Bureau for the Schedule of Civil Fines and Costs), together
with costs of said prosecution.
All ordinances and resolutions or parts thereof, insofar as
the same may be in conflict herewith, are hereby repealed. The municipality
specifically reserves the right to amend this article in whole or
in part, at one or more times hereafter, or to repeal the same, and
by such amendment or repeal to abandon, increase decrease or otherwise
modify any of the fees, charges or rates herein provided, with the
understanding, however, that the adoption of this article or its subsequent
amendment or repeal shall not change, relieve or release the contractual
and legal obligation of the municipality to make the required payments
to the Galien River Sanitary District under and as set forth in the
contract with the Galien River Sanitary District or under applicable
law or the contractual and legal obligation pursuant to said contract
and applicable law to levy a tax or to use any other means or available
funds to make the required payments to the Galien River Sanitary District,
and this article shall not be deemed to be a part of any contractual
obligation or bond contract pertaining to said system.
