[HISTORY: Adopted by the Board of Trustees of the Charter Township of Northville 1-17-2002. Amendments noted where applicable.]
In the preparation and development of this chapter, on the basis of the advice of experts and upon independent investigation, it has been recognized that detention basins, retention ponds or other stormwater detention facilities pose the risk of malfunction or inadequate maintenance which could have potentially detrimental effects upon the natural environment. The Township is obligated to reduce and prevent illicit discharges into the waters of the state under the Township's National Pollutant Discharge Elimination System (NPDES) permit, and poorly maintained detention basins pose the risk of causing such discharge into rivers and streams in the Township. The Township is also committed under its NPDES permit to carry out a public education program to educate the citizenry about protection of surface water quality and methods of protecting water quality. It is necessary for the Township to inspect detention basins and to require maintenance and repair, in order to minimize the risk of failing facilities which could cause harm to the environment, and in order to comply with the Township's NPDES permit and programs implemented pursuant thereto.
It is the finding of the Board of Trustees of the Charter Township of Northville that stormwater runoff pollution prevention and protection of the water quality of the waters of the state is of the utmost importance. The following legislation has been passed by the state and federal legislatures in efforts to protect the environment:
Michigan Natural Resources and Environmental Protection Act (MNREPA) (1994, P.A. 451), including:
United States Water Pollution Control Act, § 314 (P.L. 92-55); and
United States Clean Water Act, Section 404 (P.L. 95-217).
The Charter Township of Northville is implementing a detention basin maintenance program. The intent of this program is to manage stormwater flooding and stormwater pollution prevention.
As part of the land use in the Township, certain stormwater pollution prevention facilities and detention ponds have been constructed in the Charter Township of Northville. The Township has maintenance agreements covering various detention basins granting the Township a license to inspect detention basins, and this chapter is intended to compliment such maintenance agreements. The maintenance of these stormwater systems has a direct impact on flood control, stormwater runoff pollution prevention, and water quality of the waters of the state.
The purposes of this chapter are:
To protect public health, safety, and welfare by requiring stormwater management through inspection and maintenance.
To recognize private responsibility in stormwater management
To ensure that stormwater detention facilities are properly maintained and to avoid soil erosion.
To avoid degradation of water resources by reducing impacts on the hydrology of stormwater runoff.
To monitor, inspect and under certain circumstances maintain and repair these detention basins.
This chapter shall cover retention or detention basins located within the Charter Township of Northville. Nothing in this chapter shall be construed to limit any right or authority of Northville Township derived from another source or to limit the governmental immunity enjoyed by Northville Township.
The provisions of this chapter shall be construed to be consistent with relevant statutes and regulations. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants, agreements or deed restrictions.
If any section, subsection, clause, phrase or portion of this chapter is for any reason held invalid or unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions.
As used in this chapter, the following terms shall have the meanings indicated:
- DETENTION/RETENTION BASIN
- A structure or facility, natural or artificial, designed to receive, capture, detain or store stormwater, runoff, or other surface water, or which performs the function of receiving, capturing, detaining or storing same, on a temporary basis, releasing it at a controlled rate, or on a permanent basis, from which stormwater drains off-site or directly or indirectly drains to the Rouge River Watershed or water of the state as defined in the Michigan Natural Resources and Environmental Protection Act (MNREPA) (1994, P.A. 451).
- Any addition or introduction of any pollutant, stormwater, or any other substance into the stormwater system or into ground water.
- MAINTENANCE AGREEMENT
- An agreement that sets forth the terms, measures and conditions for the maintenance of stormwater systems and facilities.
- Prior written notice to the owner or occupant of property by U.S. mail, overnight delivery or courier delivery. Notice shall be addressed to the last known owner or taxpayer of record for the property at issue according to the Township's records.
- The National Pollutant Discharge Elimination System.
- OWNER OF PROPERTY
- Includes any person(s) identified or listed as owners of property according to Township records, including representative residential associations.
- REPRESENTATIVE RESIDENTIAL ASSOCIATIONS
- Includes homeowners' associations, condominium associations, or a other similar organization or entity.
- The part of precipitation that flows over land.
Township inspectors shall have the authority to enter at a reasonable hour a premises in the jurisdiction to inspect a detention basin. Upon presentation of proper credentials and identification and after stating the purpose of the inspection, Township inspectors shall be promptly permitted to enter and inspect a detention basin. Such inspections may be made periodically. The Township's detention basin management program shall establish the time periods in which inspections may occur. Inspections shall be done for the following purposes:
Complying with the Township's NPDES permit and programs created pursuant thereto;
Responding to a complaint or request for inspection by an owner of property within the subdivision, or an owner or occupant of commercial property on which the basin is located;
Determining whether any detention basin is functioning properly or in need of repair or maintenance; or
Determining whether a detention basin is in compliance with a maintenance agreement, a county stormwater permit, or other applicable plan or regulations the Township is authorized to enforce.
A refusal to permit an inspection shall be deemed a violation of this chapter and shall be considered a nuisance per se as permitted by law.
If the Township determines that a detention basin is in need of maintenance or repair, notice shall be given to the owner of the property or to the representative residential association. The form of such notice shall be established by the Township's detention basin maintenance program.
If the property owner fails to make the required maintenance or repair, the Code Official or Township Engineer shall make a report to the Township Board with a request that the maintenance or repairs specified in the notice be authorized to be performed by the Township and the costs charged against the property.
The Township Board, upon receiving a report that a property owner has failed to maintain or repair a detention basin, may adopt a resolution directing the maintenance or repair to be done by the Township. Such maintenance or repair may also be done by the Township if requested by the property owner.
The owners of property on which a detention basin is located shall promptly reimburse the Township for costs and expenses of maintenance and repair by the Township.
In the event that the costs and expenses of maintenance and repair made by the Township are not timely paid, such costs and expenses shall be charged against the premises consistent with the provisions of the Charter and laws relating to properly taxes, and shall constitute a lien upon the property as provided in said provisions.
The rights and remedies authorized to the Township in this chapter are cumulative and are in addition to such other remedies as may be provided by law, equity, other ordinance, maintenance agreement, or other source.