CHARTER TOWNSHIP OF INDEPENDENCE
COUNTY OF OAKLAND, STATE OF MICHIGAN
SUMMARY OF PROPOSED STORM WATER REGULATIONS ORDINANCE
NOTICE IS HEREBY GIVEN that at its meeting on June 17, 2003 at 7:30 p.m. the Charter Township of Independence Board of Trustees adopted an ordinance which is summarized herein, to establish regulations for storm water management in the Township, and to provide for special regulations applicable to the Sashabaw Corridor Drain, including the establishment, operation and maintenance of a system to carry out such special regulations. A true copy of this ordinance can be inspected or obtained at the office of the Charter Township of Independence Clerk, 90 N. Main Street, P.O. box 69, Clarkston, Michigan, 48347.
Section 1 of Ordinance
A new Chapter 8.2 of the Ordinance Code shall be enacted, summarized as follows:
Chapter 8.2
STORM WATER REGULATION
ARTICLE I. IN GENERAL
SECTIONS AND CATCHLINES
Section 8.2-1. Findings, Purpose and Intent, Interpretation
States the findings, purposes and intent of the Township in connection with adopting the Ordinance, as well as the manner in which the Ordinance shall be interpreted.
Section 8.2-2. Definitions
Defines terms used in Ordinance.
ARTICLE II. TOWNSHIP-WIDE REGULATIONS
SECTIONS AND CATCHLINESSection 8.2-21. General Standards
SUMMARIES
Provides the general standards, regulations, requirements, and best management practices that are applicable to all developments of land, including all modifications of existing developments, Township-wide in connection with on-site and off-site storm water management, soil erosion control, discharge of storm water runoff to wetlands, site grading plans, engineered grading plans, labeling of best management practices on plans, flagging of best management practices in the field, and performance guarantees.
Section 8.2-22. Storm Water Management for Sensitive Areas
Provides special storm water management practices, regulations and standards, including best management practices, applicable to developments that are located within 75 feet of a water course or in close proximity to other natural resources determined to be of significance that are likely to be subjected to adverse consequences in the absence of special storm water management.
ARTICLE III. SASHABAW CORRIDOR DRAINAGE
REGULATIONS
Section 8.2-31. Establishment of Regulatory System
SUMMARIES
Establishes the Sashabaw Corridor Drainage System to provide a voluntary alternative regulation and means of conveying and managing storm water with regard to those properties shown on the Sashabaw Corridor Drainage Map, and states that the System is intended to provide a voluntary alternative to on-site storm water storage in order to acheive certain purposes.
Section 8.2-32. Use of System to be Voluntary
States that connection and use of the System shall be voluntarily elected and proposed with regard to property meeting the standards of this Article.
Section 8.2-34. Authority for Proposal for Connection and Use of System
Provides that in lieu of on-site storm water detention or retention, connection and use of the Sashabaw Corridor Drainage System, providing off-site storm water conveyance, infiltration, and/or storage, may be proposed with regard to those properties situated within the Sashabaw Corridor Drainage District, as described and shown on the Sashabaw Corridor Drainage Map, with requirements concerning application and fees in connection with conceptual site plan review, and the non-requirement of an application for properties that previously contemplated connection as part of an already approved development plan or prior change in drainage.
Section 8.2-35. Township Action on Proposal for Connection and Use of System
Provides the process, standards and limitations for Township Planning Commission and Township Board of Trustees review and approval of proposals for connection to the System, and provides that certain information must be made part of the connection permit, including site plans, maximum capacity allowed from the property, and other information.
Section 8.2-36. Conditions to be Imposed for Connection and Use
Requires as conditions for connection and use of the System that the permit include specifications of the maximum amount of water to be contributed to the System from the property and use, specifications for the facilities, land and structures to be contructed and utilized, and an agreement providing for payment of fees, rates and lien on property.
Section 8.2-37. Capital Charge for Connection to the System
States that unless the property has been specially assessed for the Sashabaw Corridor Drainage System, connection to the System shall require the payment of a capital charge in an amount established by resolution of the Township Board.
Section 8.2-38. Rates for Usage of the System; Modification; Adjustments
Provides for the establishment of rates for usage of the System by resolution of the Township Board, for modification of the rates in the reasonable exercise of discretion of the Township Board following certain determinations, and the method of billing and paying the rates.
ARTICLE IV. PENALTIES AND INTEREST; LIEN; VIOLATIONS
Section 8.2-51. Penalties and Interest
Establishes penalties, interest and liens in connection with deliquent payments of fees and rates.
Section 8.2-52. Violations; Municipal Civil Infraction
Establishes that a violation of the Ordinance constitutes a municipal civil infraction punishable by a fine of $300.00 for the first violation and $500.00 for each and every subsequent violation, plus restitution in an amount equivalent to the costs of restoration and repairs of any damage to private property, the System and sensitive environmental features caused by the violation. Also provides that the Township may institute any appropriate action or proceeding to prevent, abate or restrain the violation, and that each day’s continuance of a violation shall be deemed a separate and distinct offense.