[HISTORY: Adopted by Board of Trustees of the Charter Township of Northville 7-11-1991 as Ch. 81 of the Code of Ordinances. Amendments noted where applicable.]
Sewer and water — See Ch. 139.
The purposes of this chapter are to regulate building and driveway grades, sump pump discharge, building downspouts and surface and ground drainage with respect to property within the Township; to provide for the administration of the requirements hereof; and to provide for the issuance of permits as set forth herein; to comply with federal, state and local law regarding the introduction of the drainage waters into sanitary sewers; to protect and enhance the public health, safety, interest and general welfare.
An application for a permit shall be made to the Building Department prior to the time when any new or enlarged or changed or altered use of a structure or land or part thereof is intended to begin. No building or structure shall be erected, altered or changed and no building or structure shall be moved onto any parcel of land and no drainage pattern of any land shall be changed by filling, cutting or grading in the Township prior to the issuance of a permit therefor. The application for such a permit shall be accompanied by a plot plan in triplicate, drawn to a scale of not less than one inch equals 100 feet showing the exact dimensions of the land and structures to which the permit is to apply.
The plot plan for any building or structure which is presented in connection with a permit application, for a lot or parcel of land not part of a subdivision in which grading patterns have been established, shall have superimposed thereon, one foot or less contours of the area, including not less than 100 feet outside the boundary of the plot, on which the permit is being sought and shall include proposed grade of building, the lot or parcel and the corners thereof and the point, area, ditch or enclosure to which stormwater is to drain. Such contour map and stormwater disposal system shall be reviewed by the Township Building Official to determine that site drainage is proper and that the downstream properties will not be damaged or inconvenienced. The plot plan submitted shall be prepared and signed and sealed by a professional engineer or registered land surveyor.
Prior to the issuance of a certificate of occupancy, there shall be submitted a grading survey, prepared and signed by a professional engineer or registered land surveyor, attesting to the fact that the site is graded in accordance with the drainage pattern approved at the time of the issuance of the aforementioned permit.
In lieu of this land survey, an irrevocable, unconditional letter of credit or cash deposit in an amount set by the Township Building official may be required to insure grading and submission of such survey at a later date when a building, land or structure is otherwise suitable for occupancy during that season of the year when weather conditions make finished grading unfeasible. In such case, a temporary certificate of occupancy may be issued by the Building Department and a date for completion of grading shall be indicated on the temporary certificate of occupancy or its related documents.
When a permit has been approved and the structure has been constructed, the lot shall be filled, graded and maintained in conformity with the grading pattern established on the plot plan submitted.
No person shall interfere with or obstruct the flow of surface water over easements for public utilities or impede the flow of surface water across private property in any manner except as set forth on the approved grading and drainage plot plan.
If at time of final inspection it is found by the Building Official that the proposed drainage does not work properly, the Building Official may order other measures to resolve the problem, such as enlarged swales, french drains or a change in landscaping, which problems are to be covered by the developers.
All footage drain discharge shall be deposited into the storm sewers or other stormwater drainage facility in accordance with the Plumbing Code of the Township of Northville, or upon the surface of the ground in those instances where no storm drain facility is available.
Where such footing drain discharge is deposited upon the surface of the ground, the place of deposit shall be the yard which contains a drainage easement without crossing another parcel of land. Discharge of such water upon the surface of the ground shall be carried not less than four feet from the foundation walls by means of splash blocks, which shall be installed at the time of construction and shall not discharge on the surface of the ground within the street right-of-way or within 20 feet thereof.
Where footing drain discharge is ejected or carried to the drainage system by means of a pump or lift and where it is not deposited on the surface of the ground, there shall be a relief line installed whenever, in the opinion of the Building Official and/or the Township Engineer, there is a probability that the drainage system may become inoperative due to freezing or surge charging. Such a system shall be protected against backflow as required by the applicable sections of the Plumbing Code of the Township.
Downspout piping shall be permanently affixed to the building wall and shall provide for discharge onto a five-foot splash block or as otherwise approved by the Building Official.
No approvals shall be given by the Township Building Department unless the method being utilized shall provide a positive slope away from the building foundation wall.
Any driveway which serves as a means of vehicular access to a residence shall have an established slope not to exceed a grade of 7% throughout its length and breadth; provided, however, that said slope may be increased to a grade not to exceed 12% in those instances where the property owner files with the Township Building Department a signed statement acknowledging that the slope requested exceeds the required and recommended standards. In special cases where natural topography or other unusual conditions of the land make adherence to this requirement impractical, special approval of slopes in excess of 12% grade may be granted by the Building Official and/or the Township Engineer under such reasonable conditions as may be determined to assure no adverse consequences to adjacent property or to the public safety.
No person shall permit the entry of any roof, ground, or surface water into the sanitary sewer or direct any roof, ground or surface water in such a manner that it enters the sanitary sewer system. Any building or structure having or suspected of having a foot drain and/or sump pump discharge line connection into the Township's sanitary sewer system may be assessed a footing drain/sump connection (FSC) surcharge, which is a penalty of $50 to be levied each bimonthly billing period, deemed necessary to encourage property owners who are illegally connected into the sanitary sewer system to disconnect and replumb their footing and drain system in a lawful manner. Prior to instituting the FSC surcharge, the Township will make reasonable efforts to ascertain the validity of a suspected inappropriate connection source. The minimum procedures that shall be followed in validating a suspected illegal connection are as follows:
Upon notice from the community or direction Township's own accord of a suspected illegal connection into the sanitary sewer, the suspected building, or structure, address, and date will be recorded and an attempt made by the Township by telephone to contact the property owner to schedule an in-house inspection of the sanitary sewer lead and sump pump plumbing configuration within two weeks' time.
If, after two weeks, an inspection is not successfully scheduled via telephone, a certified letter shall be sent to the property, requesting an in-house inspection of the sanitary lead and sump pump plumbing configuration or, in lieu of acceptance of a certified letter, the Township may post the property with notice of request for inspection on the front door or other prominent area on the property. The property owner shall be allowed two weeks to reply and schedule and inspection by the Township.
If, after two weeks, no in-house inspection is scheduled or allowed by the property owner, a final notification, identified as a final notification, shall be sent via certified mail, requesting an inspection of the sanitary lead and sump pump plumbing configuration, or in lieu of acceptance of a certified letter, the Township may post the property with notice of request for an inspection on the front door or other prominent area on the property. The property owner shall be allowed two weeks to reply to the final notification and schedule an inspection with the Township.
If the final notification is not responded to by the property owner within the allotted two-week time period, the FSC surcharge shall be applied to appropriate sanitary sewer account and notice given to the property owner that the FSC surcharge has been applied to the property and will be applied to their property until such time that the sanitary sewer lead and sump pump discharge connection has been inspected by the Township and it has been determined that an inappropriate connection to the Township's sanitary sewer system does not exist within the building or structure. All FSC surcharges assessed shall be made due and within the normal utility building, in additional to the normal sewer service fees. All unpaid FSC surcharges assessed shall be made due and payable within the normal utility billing, in addition to normal sewer service fees. All unpaid FSC surcharge costs assessed, and other normal sewer services fees, shall be subject to late payment penalties as well as any method of collection reserved by the Township consistent with the collection of delinquent water and sewer service account balances.
If, upon an actual in-house inspection by the Township, an appropriate plumbing connection is present, the owner shall be notified, and the FSC surcharge, if any has been applied toward the property, shall be removed from future billings.
If upon inspection by the Township, an illegal and/or inappropriate connection is noted, a notice of violation shall be written up and provided to the property owner stating that the property owner has 15 days to cure the illegal connection. The FSC surcharge will be implemented at the end of the fifteen-day period and shall continue until the improper connection has been reinspected by the Township and it has been determined that an improper connection to the sanitary sewer system does not exist within the building or structure unless the property was already being assessed and FSC surcharge in which case it shall continue until the connection violation is cured and inspected to the satisfaction of the Township.
All reports of any inspection and subsequent findings shall be recorded by the Township and made available to the owner.
All in-house inspections made by the Township shall be made in the presence of the homeowner, property resident, or any other person designated by the property owner or property resident.
Any and all reinspection of a property shall be charged against the customer, in accordance with the Township's approved fee schedule.
Any person who shall violate any of the provisions of this chapter shall be responsible for a municipal civil infraction, subject to the following penalties:
The following civil fines shall apply in the event of a determination of responsibility for a municipal civil infraction, unless a different fine is specified in connection with a particular section:
First offense. The civil fine for a first offense violation shall be in the amount of not less than $150, plus costs and other sanctions, for each offense.
Repeat offense. The civil fine for any offense which is a repeat offense shall be in an amount of not less than $300, plus costs and other sanctions for each offense.
In addition to ordering the defendant determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce, or enjoin violation of the chapter.
Continuing offense. Each act of violation, and on each day upon which any such violation shall occur, shall constitute a separate offense.
Remedies not exclusive. In addition to any remedies provided for by the Code of the Charter Township of Northville, any equitable or other remedies available may be sought.
The Judge or Magistrate shall be authorized to impose costs, damages and expenses as provided by the law.
A municipal civil infraction shall not be a lesser included offense of a criminal offense or of an ordinance violation which is not a civil infraction.