[HISTORY: Adopted by the Township Board of the Township of
New Buffalo 3-15-2010 by Ord. No.
20100315c. Amendments noted where applicable.]
This chapter shall be known as the "Water System Ordinance."
It is hereby determined to be desirable and necessary for the
public health, safety and welfare of the Township of New Buffalo,
Berrien County, Michigan, that a water system be operated by said
Township on a public utility basis in accordance with the provisions
of Act 94 of the Public Acts of 1933 of the State of Michigan, as
amended.[1]
[1]
Editor's Note: See MCLA § 141.101 et seq.
Unless the context of usage indicates otherwise, the meaning
of specific terms in this chapter shall be as follows:
The Township Board of said Township.
Those pipes, other than supply pipes and service pipes, used
for conveying or distributing water.
The complete water supply and distribution system of the
Township, including all properties, facilities and funds thereof and
any extensions or additions thereto.
Any individual, firm, company, association, society, corporation,
or group.
The particular property connected to the system and includes
appurtenant land and improvements.
A pipe extending from the property line into premises supplied
with water.
A pipe tapped into a main and extending thence to and including
the shutoff valve at the property line.
"Shall" is mandatory; "may" is permissive.
The Township of New Buffalo, Berrien County, Michigan.
Collectively those officials, employees and agents of the
Township invested by the Board with authority over the system.
A.
Ownership.
(1)
The Township shall be the owner of the system. The water mains of
said system are under the exclusive control of the Township Board,
and all persons other than agents and employees of the Board are forbidden
to disturb, tap, change, obstruct access to, or interfere with them
in any way.
(2)
Any persons, firms, or corporations installing mains at their own
expense shall first submit complete plans and specifications, prepared
by a registered professional engineer, for such work, to the Township
Board for approval, at which time the Township Board shall determine
the conditions for such installation.
B.
Operation and maintenance. The operation, maintenance, alteration,
repair and management of the system shall be under the supervision
and control of the Township Board. The Township Board shall retain
the exclusion right to establish, maintain and collect rates and charges
for system operations. The Township Board may employ such person or
persons in such capacity or capacities, as it deems advisable and
may make such rules, orders and regulations, as it deems advisable
and necessary to assure the efficient establishment, operation and
maintenance of the system and the collection of rates and charges
provided herein.
C.
Fiscal year. The system shall be operated on the basis of an operating
year commencing July 1 of each year and ending June 30 of the following
year.
D.
Free service prohibited. No water service without charge shall be
supplied by the system to any person, firm or corporation, or to any
public agency or instrumentality except area Fire Departments, which
shall obtain permission for such service from the Township Fire Commander
or his duly authorized representative.
E.
Meters. All water service shall be metered and all meters used for
such purpose shall be and remain the property of the system. All meters
shall be read at a reasonable time and failure on the part of the
user to provide access to an authorized Township employee for the
required reading of said meter will result in either, at the discretion
of the Township, the user being issued a water bill based on the highest
metered charge of a similar type user in the Township during the billing
period in which access for reading the meter is denied or prevented,
or such user's water service being discontinued.
F.
Access to premises. Each user of this water system, whether a person,
firm or corporation, either public or private agency or instrumentality,
impliedly consents to permit entry upon the premises to a Township
maintenance employee for the required maintenance of this system,
provided said maintenance employee has proper credentials from the
Township. Failure on the part of any user of this water system to
permit entry of the authorized Township maintenance employee upon
the premise will authorize the Township to immediately terminate the
use of this water system by the user.
G.
Maintenance and efficient operation. The Township will maintain the
system in good repair and working order and will operate the same
efficiently, and will faithfully comply with all rules and regulations
of the State Health Department and all statutes of the State of Michigan
applicable to the operation of a municipal water system.
H.
Notice of users. Where in this chapter there is any provision in
respect to the giving of a notice unless otherwise specified, such
notice shall be deemed to have been given when the same shall have
been placed in the United States mail addressed to the New Buffalo
Township Board in care of the Township Clerk or to the user of the
service at the premises to which such service has been furnished.
I.
Expansion and enlargement of system. The Township Board may, from
time to time, provide for such further public improvements by enlarging
or extending the system, by combining the same with other water systems
existing or to be established, and by further providing for the purchase,
acquisition, construction, improvements, enlargements, extension and
repair of such public improvements and by providing improvements in
a manner provided by law; and by further providing for the collection
of charges, fees, rentals or rates for the services, facilities and
commodities furnished by such public improvements; and by providing
for other matters in respect to such public improvements.
A.
Permits.
(1)
Before any connection shall be made to any water main, a permit application
shall be made, in writing, to the Water Department by the owner of
the premises to be served, or by an authorized agent, and a tapping
permit secured. Such applications shall be made on forms provided
by the Water Department. The owner, user, and/or applicant for a water
tapping permit by such application impliedly agrees to abide by all
rules and regulations of the Water Department in all respects.
(2)
After installation of a service pipe from the premises to the point
of connection to the system, the Water Department shall again be notified
before any pipes or connection are buried or covered up and the same
shall be inspected to determine if the same is installed so as to
protect the system from contamination and also to ascertain if the
same is at a proper depth to insure the integrity of the line from
freezing or bursting or possible contamination from any other cause,
including the location of the same in proximity with any other possible
contamination source. Service pipes shall not be covered until specifically
approved by the Water Department.
B.
Rules and regulations.
(1)
Only properly authorized employees or agents of the Water Department
shall install all service stubs from the main to the lot line. Before
receiving a permit for a service connection, all connection fees shall
be paid in full.
(2)
The water service stub from the main to the meter pit or curb stop
shall be maintained by the Water Department, but this subsection shall
not apply to old services installed by private parties. The service
pipe from the meter pit or curb stop to the premises shall be considered
private plumbing and be maintained by the owner of the premises.
(3)
Service pipe installation shall be the responsibility of an individual
who is insured and bonded for not less than $10,000. All fixtures
and attachments installed must conform in character, design and quality
to the laws of the State of Michigan and the State Plumbing Code.
All bonds must be on file with the Township Building Department.
(4)
All water service pipes shall be of Type "K" copper, or polybutylene
rated at 160 pounds per square inch, and quantity as approved by the
Water Department. All fittings and connections underground shall be
approved by the Water Department.
(5)
In all cases, the depth of service pipes shall not be less than 48
inches from the surface.
(6)
Water shall be taken and used only through water service pipes under
the supervision of the Water Department and no connection through
which water may pass from one property or premises to another shall
be permitted even though the ownership of both properties or premises
may be the same.
(7)
Excessive or unnecessary use or waste of water, whether caused by
carelessness or by defective or leaky plumbing or fixtures, is strictly
prohibited. For disregard of, or repeated violation of this requirement,
the water may be turned off by the Water Department.
(8)
Where one ownership of property is occupied by two or more distinct
families, or where a business building is occupied by two or more
firms or persons, a single charge for water will be made against the
owners of the property, for the whole. In multiple meter installations,
no master meter will be allowed.
(9)
Where a building, originally built as a single building or premise
and fitted with one service pipe, but capable of being divided by
sale or otherwise, has been or may be hereafter subdivided and each
subdivision shall be separately owned, the separate division or divisions
so made must be connected to the main by separate service pipes within
30 days after such division.
(10)
Where the authorized agent of the Township Water Department
for any reason has turned off the water, only an authorized agent
of the Township Water Department shall turn it on again.
(11)
All cross-connections between any type of water supply and municipal
water supply are strictly prohibited. In the event a cross-connection
is discovered, the water will be turned off until the cross-connection
is severed. No direct connection of any type to a sewer line shall
be allowed.
(12)
No person firm or corporation shall open or cause to be opened
any fire hydrant.
(13)
The service stub and meter, installation charge for which provision is made in § 434-6, shall include the cost of the water meter, shall remain the property of the department and will at all times remain under its control. The maintenance of the meter will be the obligation of the Water Department, provided, that where replacements, repairs or adjustments of the meter are made necessary by the act, neglect or carelessness of the owner or occupant of any premises, the expense to the Water Department caused thereby may be charged against and collected from the owner or occupant of the premises. The Township may elect to install meters with outside readers and increase charges to cover the additional cost.
(14)
All meters shall be placed in an outside pit with remote readout.
The Water Department shall provide the meter pit, spacer, meter and
remote readout for residential use only. All other (commercial, industrial,
multifamily, etc.) meters shall be installed at the owner's expense
pursuant to the Township Water Department's approval. Gate valves
shall be placed on both sides of the meter. Bypasses are required
on all 1 1/2 inches and larger installations.
(15)
The owner of any premises where a meter is installed shall be
held responsible for its care and protection from freezing or damage
by hot water and from injury or interference by any person or persons.
(16)
In the event that a meter fails to register, the consumer shall
be charged the annual average consumption, as shown by the meter when
in working order.
[Amended 5-16-2011]
(a)
In the event that a "remote" read fails to register, the consumer
shall be charged and responsible for all water usage that was registered
through the meter.
(b)
In the event that a consumer requests a meter to be tested/certified,
if the meter in question fails to the consumer's advantage, (reads
low in accordance with current AWWA M6 testing standards), the consumer
shall be responsible for all water usage, ready to serve charges,
and meter testing charges. If the meter in question fails to the Township's
advantage, (reads high in accordance with current AWWA M6 testing
standards), the consumer shall be charged the annual average consumption
up to the date the meter in question was removed for testing and the
Township shall pay the meter testing charges.
(17)
All persons are forbidden to interfere with or move a water
meter from any service connection without first receiving permission
from the Water Department. No person shall remove or break any seal
on meters or bypass valves.
(18)
Meter pits are under the ownership of the Township. Only Township
employees are allowed to open and access meter pits. If the owner
of any premises where a meter pit has been installed causes such pit
to become inaccessible for meter reading or maintenance due landscaping,
changing of gradient, or any other action, the owner of the premise
shall be responsible for all costs incurred by the Township making
the meter pit accessible. Also, due to the possibility meter pits
may need to be excavated for future repairs, the Township will not
be responsible for the replacement of concrete, asphalt, brick or
any other "hard surface" if the owner of the premise elects to install
such materials around said meter pit after meter pit installation.
Any damage caused to a meter pit or its contents by the owner or any
contractor hired by the owner of a premise where a meter pit has been
installed, said owner of such premise shall be responsible for all
cost incurred by the Township repairing such damage.
[Amended 7-20-2015; 7-18-2016]
(19)
It shall be the policy of New Buffalo Township that all future
water meter pits shall not be installed in driveways or other areas
of permanency. It is further the policy of New Buffalo Township that
in the process of water meter pit repairs the Township will leave
a driveway or other area of permanency in a usable condition with
backfill and other materials; however, the water customer will be
responsible for the replacement of concrete, asphalt, brick, stone
or other permanent materials.
[Added 11-16-2009 by Ord.
No. 09-11-16]
(20)
All premises which have or install an underground irrigation
or sprinkling system shall be metered by a one-inch or larger meter.
This requirement shall immediately apply to all newly constructed
systems. All underground irrigation or sprinkling systems existing
at the time of the adoption of this chapter with a meter smaller than
one inch shall replace it with a one-inch or larger meter on or before
June 1, 2010.
(21)
Large taps.
[Added 12-15-2011]
(a)
In those situations where the service connections to a property
consist of a large tap (anything larger than two inches) and the water
meter has been installed inside, the Township's responsibility
for that service line will end at the tapping valve located at the
Township water main.
(b)
This line can only be used to service the building it was intended,
no other connections can be made to said line to provide water to
any other buildings.
(c)
If the service line is ever found to leak, crack, and break
or need repair for any reason, it will be the responsibility of the
property owner to have those repairs done in a timely manner in accordance
with Township specifications.
(d)
The property owner will also be responsible for any damage that
might occur in the repair of the service line, such as, but not limited
to, roads (public, private, or county), parking lots, sidewalks, curbing,
landscaping, etc. If the repair is not done in a timely manner, the
Township reserves the right to shut off the water to the property
until the repair has been made.
A.
Authority.
(1)
The Township Board shall fix rates for water and water service furnished
customers of the system. Said rates and charges shall be sufficient
to provide for the payment of all expenses of administration, operation,
maintenance, repair and improvement of the system in good working
order. 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, fees, and
charges with commercial, private developers, and industrial users.
[Amended 9-18-2017; 3-5-2018]
(2)
Beginning July 1, 2016, and continuing annually on July 1 thereafter,
the base rates for water ready to serve and water usage will be increased
by 2%, unless revised by the resolution of the Township Board.
[Added 7-20-2015]
B.
Ready-to-serve charge. The owner of each premises or property which
is connected to the system with a service connection ready to be used,
shall pay the Water Department a monthly or bimonthly ready-to-serve
charge for each such service connection per meter size as follows:
|
Meter Size
|
Ready-to-Serve Charge
(monthly)
|
|---|---|
|
5/8 inch
|
$13
|
|
3/4 inch
|
$18
|
|
1 inch
|
$32.50
|
|
1 1/2 inches
|
$65
|
|
2 inches
|
$104
|
|
3 inches
|
$195
|
|
4 inches
|
$351
|
|
6 inches
|
$780
|
|
8 inches
|
$1,300
|
|
12 inches
|
$2,795
|
C.
Water consumption rates.
(1)
In addition to the ready-serve charge, the actual water consumed
will be charged at the rate of $3.30 per 1,000 gallons or any part
thereof.
(2)
All water used by or through any connection not paying a ready-to-serve
charge will be charged at the rate of $5 per 1,000 gallons.[1]
[1]
Editor's Note: Former Subsection 6.03.3, regarding rates
for commercial/industrial users, as amended 9-18-2017, which immediately
followed this subsection, was repealed 3-5-2018.
D.
Connection charges.
(1)
Each new residential user of the system shall pay a minimum connection
charge for a service stub per meter size for the calendar years of
2010 and 2011 as follows unless amended by the Township Board.
[Amended 11-18-2019]
|
Meter Size
|
Connection Charge
|
|---|---|
|
5/8 inch
|
$3,750
|
|
1 inch
|
$3,750
|
|
1 1/2 inches and larger
|
$3,750 plus all additional time and materials as performed by
the Water Department or its agents
|
(2)
Change in character. REUs. 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 § 434-5A of this chapter. The increase in REUs or units shall be determined by the legislative body, or its designee, under this chapter and as provided in the attached table of residential equivalent unit factors. 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.
[Added 11-18-2019]
(3)
Change in units. 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 or demand 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 this section, 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.
[Added 11-18-2019]
(4)
All other nonresidential connection charges are based on the REU
Factor Chart attached as Exhibit 1.[2]
[2]
Editor's Note: Exhibit 1 is included as an attachment to this chapter.
(5)
The foregoing rates apply during the normal construction season and
where regular sixty-six-foot rights-of-way are involved. Where unusual
construction problems exist and/or where excessive construction costs
are incurred, as determined by the Water Department, or where construction
occurs during the winter months, the connection charge shall be based
upon the cost of construction on a time and material basis and upon
the administration costs incurred as determined by the Water Department.
(6)
In those cases where the water project was 100% funded by any assessment
district and the water taps and the setting of the meter pit and its
components were funded by the assessment, those property owners within
the assessment district that connect to this funded meter pit will
receive a 55% discount towards the New Buffalo Township tap-in fee.
This discount only applies to single-family residential users and
those taps that were done as part of the project and at the time of
project construction. Any taps after the project or extensions connected
to said water main will not receive any discount.
[Added 2-18-2013]
(7)
Whenever the owner of a premises with an existing connection requests
the Township to upgrade the connection for any reason, the owner will
be charged the cost of construction on a time and material basis as
determined by the Water Department.
[Added 7-20-2015]
E.
Reconnection charges.
(1)
Whenever it becomes necessary to shut off the water service as a
result of a delinquency, a charge of $50 for turning on such water
supply will be made to the customer.
(2)
Whenever it becomes necessary to shut off the water service when
requested for a nonemergency shutoff during daytime hours, a charge
of $15 for turning off such water supply shall be made to the customer
and there shall be no charge to turn the water back on.
(3)
Whenever it becomes necessary to shut off the water service when
requested on an emergency basis during weekday evenings, a charge
of $50 for turning off such water supply will be made to the customer
and no charge will be made to turn the water back on.
(4)
Whenever it becomes necessary to turn off the water service when
requested by the customer during weekends or holidays, a charge of
$60 for turning off such water supply will be made to the customer
and no charge will be imposed for turning the water back on.
F.
Fire protection charges. Each premises to or for which a separate
unmetered fire line connection is provided for sprinkler or hydrant
service shall pay a monthly charge as follows:
G.
Meter change charges. The owner of each premises or property where
a meter is removed or reinstalled at the customer's request shall
pay the Water Department a charge as follows:
|
New Meter Size
|
Change Out Charge
|
|---|---|
|
5/8 inch
|
$130
|
|
1 inch
|
$240
|
|
2 inches or greater
|
Time and materials as performed by the Water Department or its
agents
|
A.
Residential billing. Residential rates and charges shall be billed
and collected bimonthly by the New Buffalo Township Water Department
and all others are billed and collected monthly.
B.
No bill. Failure to receive a bill shall not excuse failure to pay
the bill when due.
C.
No free service.
(1)
No free service shall be furnished by the system to the Township
or any person, firm or corporation, public or private, or any public
agency or instrumentality. Charges for services rendered by the system
shall be calculated, billed and collected on a monthly or bimonthly
basis and payable as of the due date. If payment is not received by
the Township by the due date shown on the water bill, such charge
shall be deemed delinquent and a penalty of 10% shall be added thereto.
If such delinquency shall continue for 15 days, then all services
furnished by the system to such premises shall be shut off.
(2)
When services shall have been shut off, whether for nonpayment of
water charges or sewage disposal charges, or both, or any violation
of this chapter, a charge of $50 shall be made for the final meter
reading and turnoff.
(3)
Premises shut off at the request of the owner, user, or his agent,
shall not be reconnected and water turned on unless all unpaid charges
for water service and sewage disposal service, including penalties
and shutoff charges, are paid in full, plus a turn-on charge of $50.
D.
Obligation to pay. Service stub connection charges shall be the obligation
of the owner of the premises served. Consumption charges, ready-to-serve
charges and reconnection charges shall be the obligation of both the
owner and the occupant of the premises. Rates, fees and charges for
services furnished by the system to any premises shall be a lien thereon
as of the due date thereof, and on October 1 of each year the Township
Clerk shall certify any such rates, fees and charges which have been
delinquent 90 days or more, plus penalties and interest accrued thereon,
to the County Board of Commissioners who shall enter the same upon
the next tax roll against the premises to which such services shall
have been rendered and such delinquent rates, fees and charges, with
penalties and interest accrued thereon, shall be collected and said
lien shall be enforced in the same manner as provided in respect to
the taxes assessed upon such roll.
Should it be necessary to shut off the water from any section
of the system because of accidents or for the purpose of making repairs
or in case of construction, the Township Board will endeavor to give
timely notice to the consumers affected hereby, and will, as far as
practical, use its best efforts to prevent inconvenience and damage
arising from any such causes, but failure to give such notice will
not render the Township Board responsible or liable for damages that
may result therefrom, or from any other cause.
A.
No unauthorized person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance, or equipment which is a part of the municipal waterworks.
Any person violating this provision shall be subject to a municipal
civil infraction.
B.
Any person found to be violating any provision of this chapter except Subsection A shall be served by the Water Department with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations or shall be subject to a municipal civil infraction.
C.
Any person who shall continue any violation beyond the time limit provided for in Subsection B shall be responsible for a municipal civil infraction, and, upon conviction thereof, shall be fined in an amount not exceeding $500 for each violation. Each day in which any violation shall continue shall be deemed a separate offense.
D.
Any person violating any of the provisions of this chapter shall
become liable to the Township for any expense, loss, or damage occasioned
the system by reason of such violation.
E.
The provisions of this chapter shall be enforceable through the bringing
of appropriate action for injunction, mandamus, or otherwise, in any
court having jurisdiction. Any violation of this chapter is deemed
to be a nuisance per se.
