[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.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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,[1] or upon the surface of the ground in those instances where no
storm drain facility is available.
B.
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.
C.
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.
D.
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.
E.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
All reports of any inspection and subsequent findings
shall be recorded by the Township and made available to the owner.
H.
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.
I.
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:
A.
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:
(1)
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.
(2)
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.
B.
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.
C.
Continuing offense. Each act of violation, and on each
day upon which any such violation shall occur, shall constitute a separate
offense.
D.
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.
E.
The Judge or Magistrate shall be authorized to impose
costs, damages and expenses as provided by the law.
F.
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.
