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.
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.
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).
DISCHARGE
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.
NOTICE
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.
NPDES
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.
RUNOFF
The part of precipitation that flows over land.
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.
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.