[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.
A.
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:
B.
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.
C.
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.
D.
The purposes of this chapter are:
(1)
To protect public health, safety, and welfare by requiring
stormwater management through inspection and maintenance.
(2)
To recognize private responsibility in stormwater management
(3)
To ensure that stormwater detention facilities are properly
maintained and to avoid soil erosion.
(4)
To avoid degradation of water resources by reducing impacts
on the hydrology of stormwater runoff.
(5)
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.
A.
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.
B.
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:
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).[1]
Any addition or introduction of any pollutant, stormwater, or any
other substance into the stormwater system or into ground water.
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.
Includes any person(s) identified or listed as owners of property
according to Township records, including representative residential associations.
Includes homeowners' associations, condominium associations,
or a other similar organization or entity.
The part of precipitation that flows over land.
[1]
Editor's Note: See MCL 324.2101 et seq.
A.
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:
(1)
Complying with the Township's NPDES permit and programs
created pursuant thereto;
(2)
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;
(3)
Determining whether any detention basin is functioning
properly or in need of repair or maintenance; or
(4)
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
