REGULATORY ORDINANCES

Transcription

1 THE CHARTER TOWNSHIP OF CALEDONIA REGULATORY ORDINANCES KENT COUNTY, MICHIGAN This is a compilation of the Charter Township of Caledonia General Regulatory Ordinances that are currently in effect. Repealed ordinances are not included. Amended or additional ordinance provisions, adopted after the original adoption of an ordinance, are incorporated into the text of the original ordinance; in each case, the number(s) of the amending ordinance(s) are noted following the title of the ordinance. The Township Zoning ordinance is not included in this compilation, nor are bond ordinances. (This compilation of the general regulatory ordinances includes all amendments through January 15, 2014)

2 TABLE OF ORDINANCES Ord. No. Name Tab No Use of Streets Etc. by Consumers Power Ordinance Outdoor Assembly Ordinance Disorderly Conduct Ordinance Accumulation of Trash and Junk Ordinance Inoperable Motor Vehicles Ordinance Swimming Pools Ordinance Township Fiscal Year Ordinance Flood Damage Prevention Ordinance Cable Communications Ordinance Housing Law of Michigan Ordinance Naming of Public and Private Streets Ordinance Township Historical Commission Ordinance Street Address Number Ordinance Fire Department; Public Safety Advisory Committee Ordinance Animal Control Ordinance Consumers Power Franchise Ordinance Basic Cable TV Rate Ordinance Subdivision Control Ordinance Deferred Compensation Plan Ordinance Civil Infraction Procedures Ordinance Regulation of Fireworks Ordinance Open Burning Ordinance 22 Table of Ordinances Revised 2014 Page 1

3 95-4 Michigan Consolidated Gas Franchise Ordinance Hazardous Materials Ordinance Land Division Ordinance Michigan Motor Vehicle Code Ordinance General Appropriations Act Ordinance Dangerous Buildings Ordinance BOCA National Fire Prevention Code Ordinance Township Manager and Planner Ordinance Michigan Building, Mechanical and Plumbing Codes Ordinance Local Officers Compensation Commission Ordinance (Repealed by Ord. No ) Criminal Check Violation Ordinance Check Violation Ordinance Storm Water Ordinance Water Connection, Use and Rate Ordinance Sewer Connection, Use and Rate Ordinance Tax Exemption Ordinance Repeal of Local Officers Compensation Commission Ordinance Local Officers Compensation Commission Ordinance (Repealed by Ord. No ) Planning Commission Ordinance Repeal of Local Officers Compensation Commission Ordinance 41 Table of Ordinances Revised 2014 Page 2

4 TABLE OF CONTENTS Page No. USE OF STREETS, ETC. BY CONSUMERS POWER ORDINANCE Section Section Section Section Section Section Section Section OUTDOOR ASSEMBLY ORDINANCE Section 1. Name...1 Section 2. Definitions...1 Section Section 4. Application for License...2 Section Section Section Section Section Section Section 11. Revocation....7 Section 12. Violations...7 Section 13. Severability....8 Section 14. Effective Date....8 DISORDERLY CONDUCT ORDINANCE Section 1. Definitions...1 Section 2. Acts Prohibited...1 Section 3....Error! Bookmark not defined. ACCUMULATION OF TRASH AND JUNK ORDINANCE Section 1. Definitions...1 Section Section Section Section INOPERABLE MOTOR VEHICLES ORDINANCE Section 1. Definitions...1 Section 2. Storage of Inoperable or Junked Vehicles or Motor Vehicles...1 Section 3. Prima Facie Evidence....1 Table of Ordinances Revised 2014 Page i

5 Section 4. Penalties....2 Section 5. Repeal of Inconsistent Ordinance....2 Section 6. Effective Date....2 SWIMMING POOLS ORDINANCE Section 1. Definitions...1 Section 2. Construction Permit....1 Section 3. Regulations....1 Section 4. Drain Connections....2 Section 5. Sediment, Debris...2 Section 6. Recirculation...2 Section 7. Disinfecting Agents....2 Section 8. Fences....2 Section 9. Filtration System...3 Section 10. Inspection...3 Section 11. Noise....3 Section 12. Nuisance...3 Section 13. Penalties....3 Section 14. Severability....3 Section 15. Effective Date....3 TOWNSHIP FISCAL YEAR ORDINANCE Section Section Section Section FLOOD DAMAGE PREVENTION ORDINANCE Article I General Provisions...1 Section 1.1 Short Title....1 Section 1.2 Legal Basis...1 Section 1.3 Findings of Fact....1 Section 1.4 Statement of Purpose....1 Article II Definitions...2 Section 2.1 Definitions...2 Article III Flood Hazard Zones...3 Section 3.1 Lands to Which this Ordinance Applies....3 Section 3.2 Basis for Establishing Special Flood Hazard Areas....3 Section 3.3 Interpretation...3 Article IV Administration...3 Section 4.1 Establishment of Development Permit....3 Section 4.2 Duties and Responsibilities of Building Inspector...4 Article V Flood Hazard Reduction...5 Section 5.1 General Standards for Flood Hazard Reduction....5 Table of Ordinances Revised 2014 Page ii

6 Section 5.2 Specific Standards for Flood Hazard Reduction...6 Article VI Floodway Protection...6 Section 6.1 Floodway Protection Standards....6 Article VII Appeals and Variances...7 Section 7.1 Appeals to Zoning Board of Appeals...7 Section 7.2 Variances...7 Article VIII Warning and Disclaimer...8 Section 8.1 Warning and Disclaimer of Liability....8 Article IX Effect of Violation...8 Section 9.1 Nuisance Per Se....8 Section 9.2 Authority to Enforce Ordinances...8 Article X Other Matters...9 Section 10.1 Separability....9 Section 10.2 Scope...9 Section 10.3 Administration....9 Section 10.4 Effective Date....9 CABLE COMMUNICATIONS ORDINANCE HOUSING LAW OF MICHIGAN ORDINANCE Section Section Section Section NAMING OF PUBLIC AND PRIVATE STREETS ORDINANCE Section Section Section Section Section TOWNSHIP HISTORICAL COMMISSION ORDINANCE Section 1. Title...1 Section 2. Purpose...1 Section 3. Establishment of Township Historical Commission...1 Section 4. Membership....1 Section 5. Officers....1 Section 6. Meetings, Records and Reports....2 Section 7. Functions and Powers....2 Section 8. Volunteers...3 Section 9. Severability....3 Section 10. Effective Date....3 Table of Ordinances Revised 2014 Page iii

7 STREET ADDRESS NUMBER ORDINANCE Section 1. Title and Purpose....1 Section 2. Definitions...1 Section 3. Placement of Street Address Numbers....1 Section 4. Size of Address Numbers...2 Section 5. Building Inspection and Certificates of Occupancy....2 Section 6. Time for Compliance....2 Section 7. Violations...2 Section 8. Remedies...3 Section 9. Severability and Effective Date....3 FIRE DEPARTMENT; PUBLIC SAFETY ADVISORY COMMITTEE ORDINANCE Section 1. Scope, Purpose and Intent...1 Section 2. Authority of Township Board...1 Section 3. Fire Department....1 Section 4. Public Safety Advisory Committee....1 Section 5. Fire Department and Public Safety Budget....3 Section 6. Fire Chief....3 Section 7. Duties of Fire Chief....3 Section 8. Fire Department Officers....5 Section 9. Firefighters...5 Section 10. Disciplinary Procedure...5 Section 11. Emergency Medical and Rescue Services....6 Section 12. Compensation....6 Section 13. Public Contact...7 Section 14. Emergency Responses....7 Section 15. Fire Department Equipment...7 Section 16. Use of Fire Station....7 Section 17. Mutual Aid...7 Section 18. Solicitation of Funds...7 Section 19. Firefighters Association...8 Section 20. Other Matters....8 Section 21. Public Safety Advisory Committee....8 ANIMAL CONTROL ORDINANCE Section 1. General Provisions...1 Section 2. Dogs....1 Section 3. Vicious Animals...2 Section 4. Enforcement...2 Section 5. Kennels....2 Section 6. Penalties....3 Section 7. Other Matters....3 CONSUMERS POWER FRANCHISE ORDINANCE Section 1. Grant Term...1 Table of Ordinances Revised 2014 Page iv

8 Section 2. Consideration....1 Section 3. Conditions...1 Section 4. Hold Harmless....1 Section 5. Extensions...1 Section 6. Franchise Not Exclusive....1 Section 7. Rates...1 Section 8. Revocation....2 Section 9. Repeal....2 Section 10. Effective Date....2 BASIC CABLE TV RATE ORDINANCE Section 1. Definitions...1 Section 2. Purpose; Interpretation...1 Section 3. Rate Regulations Promulgated by FCC....1 Section 4. Filing; Additional Information; Burden of Proof...1 Section 5. Proprietary Information....2 Section 6. Public Notice; Initial Review of Rates...2 Section 7. Tolling Order....3 Section 8. Public Notice; Hearing on Basic Cable Service Rates Following....3 Section 9. Staff or Consultant Report: Written Response...3 Section 10. Rate Decisions and Orders...4 Section 11. Refunds; Notice....4 Section 12. Written Decisions; Public Notice...4 Section 13. Rules and Regulations...4 Section 14. Failure to Give Notice...4 Section 15. Additional Hearings...4 Section 16. Additional Powers...4 Section 17. Failure to Comply: Remedies....5 Section 18. Severability....5 Section 19. Conflicting Provisions....5 Section 20. Effective Date....5 SUBDIVISION CONTROL ORDINANCE Article I General...1 Section 1.1 Purpose...1 Section 1.2 Scope and Conflict...1 Section 1.3 Fee Schedule....1 Section 1.4 Definitions...1 Article II Preliminary Plat Application and Review Procedures...2 Section 2.1 Preapplication Review....2 Section 1. Section 2.2 Submission of Preliminary Plats...2 Section 2.3 Preliminary Plat; Required Information...2 Section 2.4 Preliminary Plat Tentative Approval Procedure...3 Section 2.5 Preliminary Plat Final Approval Procedure...4 Table of Ordinances Revised 2014 Page v

9 Article III Final Plat Application and Review Procedure...5 Section 3.1 Requirements....5 Section 3.2 Procedure, Final Plat...5 Section 3.3 Improvements and Facilities Required by the Township of Caledonia....5 Section 3.4 Certificates on Final Plat...6 Article IV Improvements and Regulations...6 Section 4.1 General...6 Section 4.2 Lot Layout...6 Section 4.3 Street Names....7 Section 4.4 Usable Land....7 Section 4.5 Dedication...7 Section 4.6 Public Street Design and Construction Standards....7 Section 4.7 Landscaping....8 Section 4.8 Easements....8 Section 4.9 Street Lighting....9 Section 4.10 Utility Installations...9 Section 4.11 Public Water and Sewer...9 Section 4.12 Parks and Other Recreation Areas....9 Section 4.13 Privately Owned Public Water Supply Systems...10 Article V Variance...11 Section Article VI Division of Platted Lots...11 Section 6.1 Prohibition...11 Section 6.2 Approval of Lot Splits Article VII Enforcement...12 Section Section Section Section Section Section Section DEFERRED COMPENSATION PLAN ORDINANCE Section 1. Deferred Compensation Plan Established...1 Section 2. Eligible Individuals...1 Section 3. Implementation, Administration and Interpretation of the Plan....1 Section 4. Tax Ramifications...1 Section 5. Severability....1 Section 6. Ratification of Existing Deferred Compensation Plan...2 Section 7. Effective Date and Repeal of Inconsistent Ordinances...2 Table of Ordinances Revised 2014 Page vi

10 CIVIL INFRACTION PROCEDURES ORDINANCE Section 1. Township Supervisor....1 Section 2. Township Building Inspectors....1 Section 3. Zoning Ordinance....1 Section 3A. Code Enforcement Officer...1 Section 4. Code Enforcement Official...1 Section 5. Form of Citations....2 Section 6. Service...2 Section 7. Appearance....2 Section 8. Procedure....2 Section 9. Publication/Effective Date...2 REGULATION OF FIREWORKS ORDINANCE Section 1. Findings and Purpose...1 Section 2. Definitions...1 Section 3. Prohibition of Use of Fireworks in Public Places or Assemblies in Township; Exceptions...1 Section 4. Penalties....2 Section 5. Repeal of Conflicting Ordinances...2 Section 6. Effective Date....2 OPEN BURNING ORDINANCE Section 1. Definitions...1 Section 2. Prohibited Burning...1 Section 3. Permitted Burning...1 Section 4. Burning Permitted with Burning Permit Only....2 Section 5. Exceptions...2 Section 6. Penalties....2 Section 7. Enforcement...2 Section 8. Conflict with Other Ordinance...3 Section 9. Effective Date....3 MICHIGAN CONSOLIDATED GAS FRANCHISE ORDINANCE Section 1. Grant of Gas Franchise and Consent to Laving of Pipes, Etc...1 Section 2. Installation and Extension of System...1 Section 3. Use of Streets and Other Public Places...1 Section 4. Standards and Conditions of Service; Rules, Regulations and Rates...2 Section 5. Successors and Assigns...2 Section 6. Effective Date; Term of Franchise Ordinance; Acceptance by Company Franchise not Exclusive...2 Section 7. Effect and Interpretation of Ordinance....2 HAZARDOUS MATERIALS ORDINANCE Section 1. Purpose...1 Section 2. Hazardous Materials Defined...1 Table of Ordinances Revised 2014 Page vii

11 Section 3. Hazardous Materials Incident or Emergency....1 Section 4. Release Defined...1 Section 5. Responsible Party Defined....1 Section 6. Recovery-Authorization and Procedure...1 Section 7. Appeal Process...1 Section 8. Charges Imposed Upon Responsible Party...2 Section 9. Billing Procedures...2 Section 10. Other Remedies...3 Section 11. Severability....3 Section 12. Effective Date....3 LAND DIVISION ORDINANCE Section 1. Title and Purpose....1 Section 2. Definitions...1 Section 3. Land Division Approval Required...2 Section 4. Application for Land Division Approval...2 Section 5. Minimum Requirements for Approval of Land Divisions...3 Section 6. Exempt Splits...5 Section 7. Approval of Land Divisions...5 Section 8. Penalties and Other Remedies....6 Section 9. Severability....6 Section 10. Effective Date....6 MICHIGAN MOTOR VEHICLE CODE ORDINANCE Section 1. Adoption of Code by Reference....1 Section 2. References in Code....1 Section 3. Sanctions...1 Section 4. Severability....1 Section 5. Repeal of Ordinance No Section 6. Effective Date....1 GENERAL APPROPRIATIONS ACT ORDINANCE Section 1. Title...1 Section 2. Budget Officer....1 Section 3. Fiscal Officer....1 Section 4. Public Hearings on the Budget....1 Section 5. Estimated Revenues...1 Section 6. Millage Levy...1 Section 7. Estimated Expenditures....1 Section 8. Adoption of Budget by Reference....2 Section 9. Adoption of Budget by Cost Center...2 Section 10. Appropriation Not a Mandate to Spend...2 Section 11. Transfer Authority....2 Section 12. Periodic Fiscal Reports....2 Section 13. Limit on Obligations and Payments...3 Section 14. Budget Monitoring...3 Table of Ordinances Revised 2014 Page viii

12 Section 15. Violations of this Act...3 DANGEROUS BUILDINGS ORDINANCE Section 1. Title...1 Section 2. Definition of Terms...1 Section 3. Prohibition of Dangerous Buildings....3 Section 4. Notice of Dangerous Building; Hearing....3 Section 5. Dangerous Building Hearing Officer; Duties; Hearing; Order...3 Section 6. Enforcement Hearing...4 Section 7. Implementation and Enforcement of Remedies...4 Section 8. Sanction for Nonconformance with Order...5 Section 9. Dangerous Building Board of Appeals...5 Section 10. Appeal of Board of Appeals Decision....7 Section 11. Severability....7 Section 12. Effective Date....7 BOCA NATIONAL FIRE PREVENTION CODE ORDINANCE Section 1. Purpose...1 Section 2. Adoption of Fire Prevention Code by Reference...1 Section 3. Name of Jurisdiction...1 Section 4. Designation of Code Official...1 Section 5. Storage of Explosives....1 Section 6. Penalties....1 Section 7. Nuisance Per Se....2 Section 8. Severability....2 Section 9. Other Matters....2 TOWNSHIP MANAGER AND PLANNER ORDINANCE Section 1. Office of Township Manager and Planner...1 Section 2. Selection/Appointment....1 Section 3. Duties of Manager and Planner...1 Section 4. Supervision of Manager and Planner...3 Section 5. Publication/Effective Date...3 MICHIGAN BUILDING, MECHANICAL AND PLUMBING CODES ORDINANCE Section 1. Adoption of Michigan Building, Mechanical and Plumbing Codes by Reference....1 Section 2. References in Code....1 Section 3. Electrical Inspector....1 Section 4. Plumbing Inspector....1 Section 5. Fees....1 Section 6. Violations...1 Section 7. Severability....2 Section 8. Repeal....2 Section 9. Publication/Effective Date...2 Table of Ordinances Revised 2014 Page ix

13 CRIMINAL CHECK VIOLATION ORDINANCE Section 1. Definitions...1 Section 2. Checks Drawn Without Sufficient Funds....1 Section 3. Penalty...2 Section 4. Effective Date....2 CHECK VIOLATION ORDINANCE Section 1. Purpose...1 Section 2. Definitions...1 Section 3. Liability for the Expense of Dishonored Check Response....2 Section 4. Severability....3 Section 5. Effective Date....3 STORM WATER ORDINANCE Article I General...1 Sec Statutory Authority and Title...1 Sec Findings...1 Sec Purpose...2 Sec Applicability, Exemptions and General Provisions...3 Sec Definitions...3 Article II Storm Water Permits...7 Sec Permit Required....7 Sec Storm Water Permit Review Procedures....7 Sec Drainage Plan...8 Sec Storm Water Permit Review Fees...9 Sec Construction Site Runoff Controls Sec Financial Guarantee Sec Certificate of Occupancy Sec No Change in Approved Facilities...11 Sec Terms and Conditions of Permits Article III Storm Water System, Floodplain and Other Standards, Soil Erosion Control...11 Sec Management of and Responsibility for Storm Water System Sec Storm Water System Sec Storm Water Discharge Rates and Volumes...11 Sec Floodplain Standards Sec Soil Erosion and Sedimentation Control...12 Sec Building Openings Sec Sump Pump Discharge...14 Sec Public Health, Safety and Welfare...14 Article IV Prohibitions and Exemptions...14 Sec Prohibited Discharges and Illicit Connections...14 Sec Exempted Discharges...15 Sec Interference with Natural or Artificial Drains Table of Ordinances Revised 2014 Page x

14 Sec Storage of Hazardous or Toxic Materials in Drainageway...16 Article V Inspection, Monitoring, Reporting, and Recordkeeping...16 Sec Inspection and Sampling...16 Sec Storm Water Monitoring Facilities Sec Accidental Discharges Sec Record Keeping Requirement...17 Article VI Enforcement...17 Sec Sanctions for Violation Sec Stop Work Order...18 Sec Failure to Comply; Completion Sec Emergency Measures...18 Sec Cost Recovery for Damage to Storm Drain System Sec Collection of Costs; Lien Sec Appeals Article VII Storm Water Easements and Maintenance Agreements...19 Sec Applicability of Requirements...19 Sec Storm Water Management Easements...19 Sec Maintenance Agreements...20 Sec Establishment of County Drains Article VIII Performance and Design Standards...20 Sec Performance Standards Sec Design Standards Sec Performance and Design Standards Article IX Other Matters...22 Sec Interpretation...22 Sec Catch-Line Headings Sec Severability Sec Other Ordinances Sec Effective Date WATER CONNECTION, USE AND RATE ORDINANCE Article I Short Title; Findings: Purpose...1 Section 101. Short Title....1 Section 102. Intent....1 Section 103. Objectives Re: State and Federal Law Requirements...1 Section 104. Findings Re: Public Health, Safety and Welfare....1 Section 105. Finding Re: Measure of Water Use by Metering of Water Supply....1 Article II Definitions...2 Section 201. Approved...2 Section 202. Backflow...2 Section 203. Backflow Preventer...2 Section 204. Board of Appeals...2 Section 205. Commercial Customer...2 Table of Ordinances Revised 2014 Page xi

15 Section 206. Commodity Fee...2 Section 207. Connection Fee...2 Section 208. Contamination...2 Section 209. Cross Connection...2 Section 210. Customer...3 Section 211. Fire Hydrant Fee...3 Section 212. Health Hazard...3 Section 213. Industrial Customer...3 Section 214. Inspection and Administration Fee...3 Section 215. Inspector...3 Section 216. May...3 Section Section 218. Meter Fee...3 Section 219. Miscellaneous Customer Fee...3 Section 220. Nonpotable...3 Section 221. Operation, Maintenance and Replacement Costs...3 Section 222. Person...4 Section 223. Plumbing System...4 Section 224. Potable...4 Section 225. Premises...4 Section 226. Public Water...4 Section 227. Readiness to Serve Fee...4 Section 228. Reduced Pressure Principle Backflow Preventer...4 Section 229. Safe Air Gap or Air Gap...4 Section 230. Secondary Water Supply...4 Section 231. Service Connection...4 Section 232. Service Connection Fee...5 Section 233. Service District...5 Section 234. Service Line...5 Section 235. Shall...5 Section 236. Submerged Inlet...5 Section 237. Termination Agreement...5 Section 238. Township...5 Section 239. Treasurer...5 Section 240. Unit...5 Section 241. Unmetered Fire Protection Connection...5 Section 242. Unmetered Fire Protection Fee...5 Section 243. Utilities Administrator...5 Section 244. Utilities Committee...5 Section 245. Water Supply Rates and Charges...5 Section 246. Water System or System...6 Article III Operation and Maintenance...6 Section 301. Ownership; Operation and Maintenance of System....6 Section 302. Maintenance and Repair of Plumbing System...6 Section 303. Public Water...6 Table of Ordinances Revised 2014 Page xii

16 Section 304. Right to Restrict Use of Public Water...6 Section 305. Abatement of Public Nuisance...6 Section 306. Water Available Within Service District....6 Article IV Use of Private Water Wells...6 Section 401. Private Water Wells....6 Section 402. Prohibition of Potable Water Wells....7 Article V Connection Procedures...7 Section 501. Permit...7 Section 502. Application for Permit; Payment of Fees...7 Section 503. Installation of Service Lines and Service Connection....7 Section 504. Specifications...7 Section 505. Minimum Depth...8 Section 506. No Obstruction of System Components....8 Section 507. Repair and Thawing of Service Lines...8 Section 508. Discontinuation of Service...8 Section 509. No Multiple Connections...8 Section 510. Excavation...8 Article VI Meters...8 Section 601. Use and Installation of Meters....8 Section 602. Size; Specification....8 Section 603. Accessible Location...8 Section 604. Access to Meter...9 Section 605. Damages to Meter...9 Section 606. Failure of Meter....9 Section 607. Accuracy of Meter....9 Section 608. Corrected Billings....9 Article VII Fire Hydrants...9 Section 701. Use of Fire Hydrants; Fire Hydrant Fee....9 Section 702. Township Approval of Hydrant Specifications....9 Section 703. No Obstruction of Hydrants...10 Section 704. Access Easements Article VIII Water System Extensions and Improvements...10 Section 801. Requirements Article IX System Use...10 Section 901. Authorized Representatives Section 902. Prohibited Activities Section 903. Township Right to Stop Service; Emergencies Section 904. Leaking Service Line Section 905. No Tampering; Liability Section 906. Addition of Fluoride to Water System...11 Article X Cross-Connections...11 Section Rules Table of Ordinances Revised 2014 Page xiii

17 Section Control Program...11 Section Cross Connection Devices Section Township Approval Required...12 Section Secondary Water Supply...12 Section Private Water Storage Tank...12 Section Maintenance...12 Section Testing and Inspection Section Discontinuation of Service Due to Cross Connection Section Health Hazard Article XI Water Supply Rates and Charges...13 Section Public Utility Basis Section Readiness to Serve Fee Section Commodity Fee...13 Section Accrual Date Section Connection Fee and Service Connection Fee Section Meter Fee Section Inspection and Administration Fee Section Unmetered Fire Protection Fee Section Hydrant Rental...15 Section Miscellaneous Customer Fee Section Billing and Collection...15 Section Late Payments...15 Section Township Remedies...15 Section Lien; Assessment of Delinquent Rates and Charges on Tax Roll Section Leased Premises; Security Deposit...16 Section No Free Service...17 Section Cancellation of Permits; Disconnection of Service Section Turn on Following Disconnection; Security Deposit Article XII Flow of Funds...18 Section Revenues; Depository Section Transfer of Funds...19 Section Investment of Funds...19 Article XIII Utilities, Administrator, Utilities Committee...20 Section Utilities Administrator Section Duties of the Utilities Committee Article XIV Administrative Appeals; Board of Appeals...20 Section Board of Appeals Section Right to Informal Hearing...20 Section Appeals from Informal Hearing...21 Section Payment of Amounts Outstanding...21 Section Effect of Administrative Action...21 Section Appeal from Board of Appeals...21 Article XV Powers and Authority of Township Employees or Representatives...21 Table of Ordinances Revised 2014 Page xiv

18 Section Township Representatives Section Inspection of Plumbing System Section Customer Safety Rules...22 Article XVI Penalties...22 Section Destruction of System...22 Section Notice to Cease and Desist Section Civil Infraction...22 Section Nuisance...22 Section Liability for Expense...23 Section Remedies Cumulative Article XVII Miscellaneous...23 Section Repeal of Conflicts Section Severability Section State and Federal Law Requirements Section Article and Section Headings...23 Article XVIII Publication and Effective Date...23 Section Publication Section Effective Date Article XIX Amendment...23 Section Reservation of Right to Amend Appendix I Map of Caledonia Water Supply District...1 SEWER CONNECTION, USE AND RATE ORDINANCE Article I Short Title, Findings, Purpose...1 Section 101. Short Title....1 Section 102. Intent....1 Section 103. Objectives Re: Contract Requirements...1 Section 104. Objectives Re: State and Federal Law Requirements...1 Section 105. Findings Re: Public Health, Safety and Welfare....2 Section 106. Finding Re: Measure of Sewer Use by Metering of Water Supply....2 Article II Definitions...2 Section 201. Available Public Sanitary Sewer System...2 Section 202. B.O.D.5 or Biochemical Oxygen Demand....3 Section 203. Board of Appeals....3 Section 204. Building Drain....3 Section 205. Building Sewer...3 Section 206. Campau/Kettle Lake Sewage Disposal System....3 Section 207. Campau/Kettle Lake Sewer District....3 Section 208. Claimant...3 Section 209. C.O.D. or Chemical Oxygen Demand....3 Section 210. Commodity Fee...3 Section 211. Compatible Pollutant....4 Section 212. Connection Fee....4 Table of Ordinances Revised 2014 Page xv

19 Section 213. Contract...4 Section 214. Control Manhole....4 Section 215. Cost of Operation and Maintenance....4 Section 216. Cost of Replacement...4 Section 217. County...4 Section 218. Debt Service Charge....5 Section 219. Direct Connection....5 Section 220. Discharge Permit...5 Section 221. Domestic Sewage...5 Section 222. Garbage...5 Section 223. Gravity System...5 Section 224. Grinder Pump...5 Section 225. Grinder Pump System...5 Section 226. Health Department...5 Section 227. Indirect Connection...5 Section 228. Industrial Users....5 Section 229. Industrial Wastes...5 Section 230. Inspection and Administration Fee....6 Section 231. Inspector...6 Section 232. Joint Sewer Committee...6 Section 233. M-37 Collection System....6 Section 234. M-37 Sewer District...6 Section 235. May....6 Section 236. MDEQ...6 Section 237. MG/L...6 Section 238. Miscellaneous User Fee....6 Section 239. NAICS...6 Section 240. Natural Outlet...6 Section 241. Normal Strength...6 Section 242. Nuisance...6 Section 243. ph...7 Section 244. PPM...7 Section 245. Person...7 Section 246. Pretreatment....7 Section 247. Private Water Meter...7 Section 248. Properly Shredded Garbage....7 Section 249. Public Sewer System or System....7 Section 250. Public Water...7 Section 251. Public Water System or Water System....7 Section 252. Readiness to Serve Fee....7 Section 253. Revenues...7 Section 254. Sanitary Sewer....7 Section 255. Service Connection....8 Section 256. Sewage....8 Section 257. Sewage Disposal Facilities....8 Section 258. Sewage Disposal System Event...8 Table of Ordinances Revised 2014 Page xvi

20 Section 259. Sewage Treatment Facility....8 Section 260. Sewer Agreement...8 Section 261. Sewer District...8 Section 262. Sewer Lead...8 Section 263. Sewer Rates and Charges...8 Section 264. Sewer Rates and Charges...8 Section 265. Shall....8 Section 266. Slug....8 Section 267. Special Assessment District...9 Section 268. Special Assessment Roll...9 Section 269. Storm Sewer or Storm Drain...9 Section 270. Structure in which Sanitary Sewage Originates...9 Section 271. Subsurface Disposal System...9 Section 272. S.S. or Suspended Solids....9 Section 273. System...9 Section 274. System Receiving Funds...9 Section 275. Township...9 Section 276. U.S. EPA...9 Section 277. Unit or Units....9 Section 278. User...9 Section 279. User Class Section 280. User Surcharge...10 Section 281. Utilities Administrator Section 282. Utilities Committee...10 Section 283. Village...10 Section 284. Village Collection System Section 285. Watercourse Section 286. Water Meter Article III Connection to and Extension of Public Sewer System...11 Section 301. Discharge of Sewage...11 Section 302. Sewage Disposal Facilities Section 303. Mandatory Connection of Properties in Special Assessment District...11 Section 304. Mandatory Connection of New Construction in Sewer District, Outside Special Assessment Districts...11 Section 305. Connection of Existing Improved Properties in Sewer District Outside Special Assessment District Section 306. Connection Deadline...12 Section 307. Enforcement in Event of a Failure to Connect...12 Section 308. Expansion of Sewer District Section 309. Extensions and Improvements of Public Sewer System...13 Article IV Private Sewage Disposal...14 Section 401. Private Sewage Disposal Facilities Section 402. Connection to Public Sewer, Abandonment Section 403. Responsibility Table of Ordinances Revised 2014 Page xvii

21 Section 404. Governmental Requirements Article V Building Sewers and Connections...14 Section 501. Approval Required...14 Section 502. Sewer Connection Permit Section 503. Compliance with Ordinance, Other Applicable Permits...15 Section 504. Building Sewer Construction...15 Section 505. Cost of Installation, Indemnification, Bond...16 Section 506. Capacity Section 507. Stop-Work Order Section 508. Inspection...16 Section 509. Barricades; Restoration...16 Section 510. Connection of Certain Drains is Prohibited...16 Section 511. Township Responsibility for Repairs; Operation and Maintenance Section 512. Property Owner s Responsibility for Repairs, Operation and Maintenance...17 Section 513. Additional Regulations Section 514. Extension of the System...17 Section 515. On-Lot Easement Requirements...17 Section 516. Selection of Service Connection...18 Article VI Use of the Public Sewer System...18 Section 601. Prohibited Discharge of Storm Water...18 Section 602. Permissible Discharge of Storm Water...19 Section 603. Prohibited Discharges to Public Sewer System...19 Section 604. Discharge Permit Limitations Section 605. Remedies, Pre-Treatment...20 Section 606. Maintenance of Pre-Treatment Facilities...21 Section 607. Special Arrangements, Surcharge...21 Section 608. Grease, Oil and Sand Interceptors Section 609. Control Manhole Section 610. Testing of Industrial Wastes Section 611. Test Standards...22 Section 612. No Responsibility for Interruption of Service Section 613. Non-Domestic Wastes Article VII Sewer Rates and Charges...23 Section 701. Public Utility Basis, Fiscal Year, Budget Rate Review...23 Section 702. Connection Fee Section 703. Transfer of Units Between Properties...25 Section 704. Charges for Use of Public Sewer System Section 705. User Surcharge...29 Section 706. Miscellaneous User Fee Section 707. Inspection and Administration Fee Section 708. Billing and Collection...29 Section 709. Late Payments...29 Section 710. Township Remedies...30 Table of Ordinances Revised 2014 Page xviii

22 Section 711. Lien, Assessment of delinquent Rates and Charges on Tax Roll Section 712. No Free Service...30 Section 713. Leased Premises, Security Deposit...30 Section 714. Cancellation of Permits, Disconnection of Service Section 715. Turn on Following Disconnection, Security Deposit Article VIII Flow of Funds...31 Section 801. Revenues, Depository Section 802. Transfer of Funds...34 Section 803. Investment of Funds...34 Article IX Sewer Backup or Overflow Reporting Procedures...34 Section 901. Notice and Claim Procedures Applicable to Overflow or Backup of the Public Sewer System...34 Article X Utilities Administrator; Utilities Committee...36 Section Utilities Administrator Section Duties of Utilities Committee Section Joint Sewer Committee...37 Article XI Administrative Appeals; Board of Appeals...37 Section Board of Appeals Section Right to Informal Hearing...37 Section Appeals from Informal Hearing...38 Section Payment of Amounts Outstanding...38 Section Effect of Administrative Action...38 Section Appeal from Board of Appeals...39 Article XII Inspections and related Matters Section Section Inspection...39 Section Section Customer Safety Rules...39 Article XIII Penalties...39 Section Damage to System Section Notice to Cease and Desist Section Civil Infraction...39 Section Nuisance, Abatement Section Liability for Expenses...40 Section Remedies are Cumulative Article XIV Miscellaneous...40 Section Repeal of Conflicts Section Severability Section State and Federal law Requirements...40 Section Article and Section Headings...40 Section Refunding of County Bonds Article XV Publication and Effective Date...41 Section Publication Section Effective Date Table of Ordinances Revised 2014 Page xix

23 Article XVI Amendment...41 Section Reservation of Right to Amend Appendix I Campau/Kettle Lake Sewer District...I-1 Appendix II M-37 Sewer District... II-1 Appendix III Diagram of Typical Gravity Sewer...III-1 Appendix IV Diagram of Typical Grinder Pump System...IV-1 Appendix V Table of Unit Factors... V-1 TAX EXEMPTION ORDINANCE Section 1. Purpose...1 Section 2. Title...1 Section 3. Preamble....1 Section 4. Definitions...1 Section 5. Class of Housing Development....2 Section 6. Establishment of Annual Service Charge....2 Section 7. Limitation on the Payment of Annual Service Charge....3 Section 8. Contractual Effect of Ordinance....3 Section 9. Payment of Service Charge...3 Section 10. Duration....3 Section 11. Filing of Annual Audit...3 Section 12. Severability....4 Section 13. Publication; Effective Date...4 Section 14. Repeal....4 REPEAL OF LOCAL OFFICERS COMPENSATION COMMISSION ORDINANCE Section 1. Repeal of Ordinance....1 Section 2. Effective Date/Publication...1 LOCAL OFFICERS COMPENSATION COMMISSION ORDINANCE PLANNING COMMISSION ORDINANCE Section 1. General Provisions...1 Section 2. Transition....1 Section 3. Membership and Officers....1 Section 4. Powers and Duties...2 Section 5. Meetings...3 Section 6. Notice; Effective Date...3 REPEAL OF LOCAL OFFICERS COMPENSATION COMMISSION ORDINANCE Section 1. Repeal of Ordinance....1 Section 2. Effective Date/Publication...1 Table of Ordinances Revised 2014 Page xx

24 USE OF STREETS, ETC. BY CONSUMERS POWER ORDINANCE (Ord. No. 62-1) AN ORDINANCE granting to Consumers Power Company, its successors and assigns, the right, power and authority to lay, maintain and operate gas mains, pipes and services on, along, across and under the highways, streets, alleys, bridges, and other public places, and to do a local gas business in the Township of Caledonia, Kent County, Michigan. THE TOWNSHIP OF CALEDONIA ORDAINS: Section 1. The Township of Caledonia, Kent County, Michigan, hereby grants to the Consumers Power Company, a corporation authorized to transact business in Michigan, its successors and assigns, hereinafter called the Grantee, the right, power and authority to lay, maintain and operate gas mains, pipes and services on, along, across and under the highways, streets, alleys, bridges, and other public places, and to do a local gas business in the Township of Caledonia, Kent County, Michigan. Section 2. In consideration of the rights, power and authority hereby granted, said Grantee shall faithfully perform all things required by the terms hereof. Section 3. No highway, street, alley, bridge or other public place used by said Grantee shall be obstructed longer than necessary during the work of construction or repair, and shall be restored to the same order and condition as when said work was commenced. All of Grantee s pipes and mains shall be so placed in the highways and other public places as not to unnecessarily interfere with the use thereof for highway purposes. Section 4. Said Grantee shall at all times keep and save the Township free and harmless from all loss, costs and expense to which it may be subject by reason of the negligent construction and maintenance of the structures and equipment hereby authorized. In case any action is commenced against the Township on account of the permission herein given, said Grantee shall, upon notice, defend the Township and save it free and harmless from all loss, cost and damage arising out of such negligent construction and maintenance. Section 5. The rights, power and authority, herein granted, are not exclusive. Either manufactured or natural gas may be furnished hereunder. Section 6. Said Grantee shall from time to time extend its gas distribution system to and within said Township, and shall furnish gas to applicants residing therein whenever the amount of gas to be furnished thereby shall provide an adequate and reason-able return upon the cost of making such extensions and providing such service. Section 7. Said Grantee shall be entitled to charge the inhabitants of said Township for gas furnished therein, the rates, as shown by the schedule now on file in the office of the Township Clerk, unless and until the Michigan Public Service Commission or its successors, to which Commission the authority and jurisdiction to fix and regulate gas rates and rules regulating such service in said Township, are hereby granted and conferred for the term of this Use of Streets Etc. by Consumers Power Ordinance Adopted 1962 Page 1

25 franchise, shall fix and establish different rates, in which case the rates so fixed and established, if just and reasonable, shall prevail. Such rates and rules shall be subject to review and change at any time upon petition therefor being made by either said Township or by said Grantee. Section 8. This Ordinance shall take effect immediately after the date of publication thereof, provided however, it shall cease and be of no effect after thirty days from its adoption, unless within said period the Grantee shall accept the same in writing filed with the Township Clerk. Upon the acceptance and publication hereof, this Ordinance shall constitute a contract between said Township and said Grantee. Use of Streets Etc. by Consumers Power Ordinance Adopted 1962 Page 2

26 OUTDOOR ASSEMBLY ORDINANCE (Ord. No. 73-1, amended by Ord. No ) AN ORDINANCE to license, regulate and control, in the interest of the public health, safety and welfare, outdoor gatherings of persons in excess of 1,000 in number, to provide penalties for violations thereof and to repeal all ordinances or parts of ordinances inconsistent therewith. THE TOWNSHIP OF CALEDONIA ORDAINS: The Township Board of Caledonia Township finds and declares that the interests of the public health, safety and welfare of the citizens of Caledonia Township require the regulation, licensing and control of assemblages of large numbers of people in excess of those normally drawing upon the health, sanitation, fire, police, transportation, utility and other public services regularly provided in this Township. Section 1. Name. This Ordinance shall be known and cited as the Caledonia Township Outdoor Assembly Ordinance. Section 2. Definitions. Outdoor Assembly, hereinafter referred to as assembly means any event, attended by more than 1,000 attendants, all or any part of which includes a theatrical exhibition, public show, display, entertainment, amusement or other exhibition, including, but not limited to music festivals, rock festivals, peace festivals of similar gatherings, but does not mean: 1. An event which is conducted or sponsored by a governmental unit or agency on publicly owned land or property; 2. An event which is conducted or sponsored by any entity qualifying for tax exempt status under Section 501(c)(3) of the Internal Revenue Code of 1954, being 26 U.S.C. S501(c)(3), as incorporated by reference in Section 201 of the Michigan In-come Tax Act of 1967, Act 281 of the Public Acts of 1967, being Section of the Compiled Laws of 1948; or 3. An event held entirely within the confines of a permanently-enclosed and covered structure. B. Person means any natural person, partnership, corporation, association or organization. C. Sponsor means any person who organizes, promotes, conducts, or causes to be conducted an outdoor assembly. D. Attendant means any person who obtains admission to an outdoor assembly by the payment of money or by the rendering of services in lieu of the payment of money for admission. Outdoor Assembly Ordinance Revised 1994 Page 1

27 E. Licensee means any person to whom a license is issued pursuant to this Ordinance. A person shall not sponsor, operate, maintain, conduct or promote an outdoor assembly in Caledonia Township unless he shall have first made application for, and obtained as hereinafter prescribed, a license for each such assembly. Section 4. Application for License. Application for a license to conduct an outdoor assembly must be made in writing on such forms and in such manner as prescribed by the clerk of the Township of Caledonia and shall be made at least 60 days prior to date of the proposed assembly. Each application shall be accompanied by a nonrefundable fee of $ and shall include at least the following: A. The name, age, residence and mailing address of the person making the application. (Where the person making the application is a partnership, corporation or other association, this information shall be provided for all partners, officers and directors, or members. Where the person is a corporation, a copy of the articles of incorporation shall be filed, and the names and addresses shall be provided of all shareholders having financial interest greater than $ ) B. A statement of the kind, character, and type of proposed assembly. C. The address, legal description and proof of ownership of the site at which the proposed assembly is to be conducted. Where ownership is not vested in the prospective licensee, he shall submit an affidavit from the owner indicating his consent to the use of the site for the proposed assembly. D. The date or dates and hours during which the proposed assembly is to be conducted. E. An estimate of the maximum number of attendants expected at the assembly for each day it is conducted and a detailed explanation of the evidence of admission which will be used and of the sequential numbering or other method which will be used for accounting purposes. Each application shall be accompanied by a detailed explanation, including drawings and diagrams where applicable, of the prospective licensee s plans to provide for the following: A. Police and fire protection. B. Food and water supply and facilities. C. Health and sanitation facilities. D. Medical facilities and services including emergency vehicles and equipment. E. Vehicle access and parking facilities. F. Camping and trailer facilities. Outdoor Assembly Ordinance Revised 1994 Page 2

28 G. Illumination facilities. H. Communications facilities. I. Noise control and abatement. J. Facilities for clean up and waste disposal. K. Insurance and bonding arrangements. In addition, the application shall be accompanied by a map or maps of the overall site of the proposed assembly. On receipt by the clerk, copies of the application shall be forwarded to the chief law enforcement and health officers for the county, the state fire marshal, and to such other appropriate public officials as the clerk deems necessary. Such officers and officials shall review and investigate matters relevant to the application and within 20 days of receipt thereof shall report their findings and recommendations to the Township Board. Section 7. Within 30 days of the filing of the application, the Township Board shall issue, set conditions prerequisite to the issuance of, or deny, a license. The Township Board may require that adequate security or insurance be provided before a license is issued. Where conditions are imposed as prerequisite to the issuance of a license, or where a license is denied, within 5 days of such action, notice thereof must be mailed to the applicant by certified mail, and, in the case of denial, the reasons therefor shall be stated in the notice. Section 8. A license may be denied if: 1. The applicant fails to comply with any or all requirements of this Ordinance, or with any or all conditions imposed pursuant hereto, or with any other applicable provision of state or local law; or, 2. The applicant has knowingly made a false, misleading or fraudulent statement in the application or in any supporting document. Section 9. A license shall specify the name and address of the licensee, the kind and location of the assembly, the maximum number of attendants permissible, the duration of the license and any other conditions imposed pursuant to this Ordinance. It shall be posted in a conspicuous place upon the premises of the assembly, and shall not be transferred to any other person or location. Section 10. require the following: In processing an application, the Township Board shall, at a minimum, A. Security Personnel. The licensee shall employ at his own expense such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of attendants at the assembly and for the preservation of order and protection of property in and around the site of the assembly. No license shall be issued unless Outdoor Assembly Ordinance Revised 1994 Page 3

29 the chief law enforcement officer for the county in cooperation with the Director of State Police is satisfied that such necessary and sufficient security personnel will be provided by the licensee for the duration of the assembly. B. Water Facilities. The licensee shall provide potable water, sufficient in quantity and pressure to assure proper operation of all water using facilities under conditions of peak demand. Such water shall be supplied from a public water system, if available, and if not available, then from a source constructed, located and approved in accordance with Act 294, Public Acts of 1965, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law, or from a source and delivered and stored in a manner approved by the county health officer. C. Restroom Facilities. The licensee shall provide separate enclosed flush-type water closets as defined in Act 266, Public Acts of 1929, and the rules and regulations adopted pursuant thereto and in accordance with any other applicable state or local law. If such flushtype facilities are not available, the county health officer may permit the use of other facilities which are in compliance with Act 273, Public Acts of 1939, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law. The licensee shall provide lavatory and drinking water facilities constructed, installed, and maintained in accordance with Act 266 of the Public Acts of 1929, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law. All lavatories shall be provided with hot and cold water and soap and paper towels. The number and type of facilities required shall be determined, on the basis of the number of attendants, in the following manner: Facilities Male Female Toilets 1:300 1:200 Urinals 1:100 Lavatories 1:200 1:200 Drinking Fountains 1:500 Taps of Faucets 1:500 Where the assembly is to continue for more than 12 hours, the licensee shall provide shower facilities, on the basis of the number of attendants, in the following manner: Facilities Male Female Shower Heads 1:100 1:100 All facilities shall be installed, connected, and maintained free from obstructions, leaks and defects and shall at all times be in operable condition as determined by the county health officer. D. Food Service. If food service is made available on the premises, it shall be delivered only through concessions licensed and operated in accordance with the provisions of Outdoor Assembly Ordinance Revised 1994 Page 4

30 Act 269, Public Acts of 1968, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law. If the assembly is distant from food service establishments open to the public, the licensee shall make such food services available on the premises as will adequately feed the attendants. E. Medical Facilities. If the assembly is not readily and quickly accessible to adequate existing medical facilities, the licensee shall be required to provide such facilities on the premises of the assembly. The kind, location, staff strength, medical and other supplies and equipment of such facilities shall be prescribed by the county health officer. F. Liquid Waste Disposal. The licensee shall provide for liquid waste disposal in accordance with all rules and regulations pertaining thereto established by the county health officer. If such rules and regulations are not available or if they are inadequate, then liquid waste disposal shall be in accordance with the United States Public Health Service Publication No. 526 en-titled Manual of Septic Tank Practice. If liquid waste retention and disposal is dependent upon pumpers and haulers, they shall be licensed in accordance with Act 243, Public Acts of 1951, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law, and, prior to issuance of any license, the licensee shall provide the county health officer with a true copy of an executed agreement in force and effect with a licensed pumper or hauler, which agreement will assure proper, effective and frequent removal of liquid waste from the premises so as to neither create a nuisance nor menace to the public health. G. Solid Waste Disposal. The licensee shall provide for solid waste storage on, and removal from, the premises. Storage shall be in approved, covered, fly tight and rodent proof containers, provided in sufficient quantity to accommodate the number of attendants. Prior to issuance of any license, the licensee shall provide the county health officer with a true copy of an executed agreement in force and effect with a licensed refuse collector, which agreement will assure proper, effective and frequent removal of solid waste from the premises so as to neither create nor cause a nuisance or menace to the public health. The licensee shall implement effective control measures to minimize the presence of rodents, flies, roaches and other vermin on the premises. Poisonous materials, such as insecticides or rodenticides shall not be used in any way so as to contaminate food, equipment, or otherwise constitute a hazard to the public health. Solid waste containing food waste shall be stored so as to be inaccessible to vermin. The premises shall be kept in such condition as to prevent the harboarage or feeding of vermin. H. Public Bathing Beaches. The licensee shall provide or make available or accessible public bathing beaches only in accordance with Act 218, Public Acts of 1967, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision of state or local law. I. Public Swimming Pools. The licensee shall provide or make available public swimming pools only in accordance with Act 230, Public Acts of 1966, and the rules and Outdoor Assembly Ordinance Revised 1994 Page 5

31 regulations adopted pursuant thereto, and in accordance with any other applicable provision of state or local law. J. Access and Traffic Control. The licensee shall provide for ingress to and egress from the premises so as to insure the orderly flow of traffic onto and off of the premises. Access to the premises shall be from a highway or road which is a part of the county system of highways or which is a highway maintained by the State of Michigan. Traffic lanes and other space shall be provided, designated and kept open for access by ambulance, fire equipment, helicopter and other emergency vehicles. Prior to the issuance of a license, the Director of the Department of State Police and the Director of the Department of State Highways must approve the licensee s plan for access and traffic control. K. Parking. The licensee shall provide a parking area sufficient to accommodate all motor vehicles, but in no case shall he provide less than one automobile space for every four attendants. L. Camping and Trailer Parking. A licensee who permits attendants to remain on the premises between the hours of 2 a.m. and 8 a.m. shall provide for camping and trailer parking and facilities in accordance with Act 171, Public Acts of 1970, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision by state or local law. The provisions of 1970 Act 171 shall be effective and applicable upon the adoption of said ordinance. M. Illumination. The licensee shall provide electrical illumination of all occupied areas sufficient to insure the safety and comfort of all attendants. The licensee s lighting plans shall be approved by the building inspector. N. Insurance. Before the issuance of a license, the licensee shall obtain public liability insurance with limits of not less than $300,000 and property damage insurance with a limit of not less than $25,000 from a company or companies approved by the Commissioner of Insurance of the State of Michigan, which insurance shall insure liability for death or injury to persons or damage to property which may result from the conduct of the assembly or conduct incident thereto and which insurance shall remain in full force and effect in the specified amounts for the duration of the license. The evidence of insurance shall include an endorsement to the effect that the insurance company shall notify the clerk of Caledonia Township in writing at least 10 days before the expiration or cancellation of said insurance. O. Bonding. Before the issuance of a license the licensee shall obtain, from a corporate bonding company authorized to do business in Michigan, a corporate surety bond in the amount of $100,000 in a form to be approved by the Township attorney, conditioned upon the licensee s faithful compliance with all of the terms and provisions of this Ordinance and all applicable provisions of state or local law, and which shall indemnify the Township, its agents, officers, and employees and the Township Board against any and all loss, injury or damage whatever arising out of or in any way connected with the assembly and which shall indemnify the owners of property adjoining the assembly site for any costs attributable to cleaning up and/or removing debris, trash, or other waste resultant from the assembly. Outdoor Assembly Ordinance Revised 1994 Page 6

32 P. Fire Protection. The licensee shall, at his own expense, take adequate steps as determined by the state fire marshal, to insure fire protection. Q. Sound Producing Equipment, including but not limited to, public address systems, radios, phonographs, musical instruments and other recording devices, shall not be operated on the premises of the assembly so as to be unreasonably loud or raucous, or so as to be a nuisance or disturbance to the peace and tranquility of the citizens of Caledonia Township. R. Fencing. The licensee shall erect a fence completely enclosing the site, of sufficient height and strength as will preclude persons in excess of the maximum permissible attendants from gaining access and which will have sufficient gates properly located so as to provide ready and safe ingress and egress. S. Communications. The licensee shall provide public telephone equipment for general use on the basis of at least one unit for each 1,000 attendants. T. Miscellaneous. Prior to the issuance of a license, the Township Board may impose any other condition(s), reasonably calculated to protect the health, safety, welfare and property of attendants or of citizens of the Township of Caledonia. Section 11. Revocation. The Township Board may revoke a license whenever the licensee, his employee or agent fails, neglects or refuses to fully comply with any and all provisions and requirements set forth herein or with any and all provisions, regulations, ordinances, statutes, or other laws incorporated herein by reference. Section 12. knowingly: Violations. It shall be unlawful for a licensee, his employee, or agent, to A. Advertise, promote or sell tickets to, conduct, or operate an assembly without first obtaining a license as herein provided. B. Conduct or operate an assembly in such a manner as to create a public or private nuisance. C. Conduct or permit, with the assembly, any obscene display, exhibition, show, play, entertainment or amusement. D. Permit any person on the premises to cause or create a disturbance in, around, or near the assembly by obscene or disorderly conduct. E. Permit any person to unlawfully consume, sell, or possess, intoxicating liquor while on the premises. F. Permit any person to unlawfully use, sell, or possess any narcotics, narcotic drugs, drugs or other substances as defined in Act 343, Public Acts of Any of the above enumerated violation is a separate offense and is a nuisance per se immediately enjoinable in the Circuit Court. Any violation is a municipal civil infraction, for Outdoor Assembly Ordinance Revised 1994 Page 7

33 which the fine shall be not less than $100 nor more than $500 for the first offense and not less than $200 nor more than $2,500 for a subsequent offense, in the discretion of the Court, and in addition to all other costs, damages, and expenses provided by law. For purposes of this section, subsequent offense means a violation of this Ordinance committed by the same person within 24 months of a previous violation of this Ordinance for which said person admitted responsibility or was adjudicated to be responsible. It is further ordered that any of the above violations is a sufficient basis for revocation of the license and for the immediate enjoining in the Circuit Court of the assembly. Section 13. Severability. If any portion of this Ordinance or the application thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect the remaining portions or applications of this Ordinance which can be given effect without the invalid portion or application, provided such remaining portions are not determined by the court to be inoperable, and to this end this Ordinance is declared to be severable. Section 14. Effective Date. This Ordinance shall be effective from and after the 30th day following its publication. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. Outdoor Assembly Ordinance Revised 1994 Page 8

34 DISORDERLY CONDUCT ORDINANCE (Ord. No. 73-2, amended by Ord. No. 94-1) AN ORDINANCE to prohibit disorderly conduct and other miscellaneous offenses. THE TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Definitions. The term Public Place as used in this chapter shall mean any street, alley, park, public building, any place of business or assembly upon to or frequented by the public, and any other place which is open to the public view, or to which the public has access. Section 2. (a) (b) (c) any public place. Acts Prohibited. No person shall: Commit an assault, or an assault and battery on any person. Engage in any disturbance, fight or quarrel in a public place. Be drunk in any public place or under the influence of any narcotic drug in public place. (d) Engage in any indecent insulting, immoral, or obscene conduct in any (e) Insult, accost, molest, or otherwise annoy, either by word of mouth, sign or motion, any person in any public place. (f) Collect or stand in crowds, or arrange, encourage, or abet the collection of persons in crowds for unlawful mischievous purposes in any public place to the annoyance or inconvenience of others. building. (g) Jostle or roughly crowd persons in any street, alley, park, or public (h) Loiter on any street or sidewalk or in any park or public building or conduct himself in any public place so as to obstruct the free and uninterrupted passage of the public. (i) Willfully destroy, remove, damage, alter or in any manner deface any property not his or her own. (j) (k) (l) Beg in any public place. Engage in peeping in the windows of any inhabited place. Swim or bathe in any public place without wearing proper apparel. Disorderly Conduct Ordinance Revised 1994 Page 1

35 (m) (n) Make any immoral exhibition or indecent exposure of his or her person. Engage in any act of prostitution or gross indecency. (o) Solicit or accost any person for the purpose of inducing the commission of any illegal or immoral act. (p) Attend, frequent, operate or be an occupant or inmate of any place where prostitution, gambling, the illegal sale of intoxicating liquor or narcotics, or where any other illegal or immoral business or occupation is permitted or conducted. (q) Disturb the public peace by loud, boisterous or vulgar conduct. (r) Permit or suffer any place occupied or controlled by him to be a resort of noisy, boisterous, or disorderly persons. (s) Obstruct, resist, hinder, or oppose any member of the police force, or any police officer in the discharge of his duties as such. (t) Knowingly furnish to any police officer or other officer a false name, false address or false information in connection with any arrest or investigation. (u) Knowingly make to any police officer a fictitious report of the purported commission of any crime or misdemeanor. (v) Trespass or unlawfully remain upon the premises of another to the annoyance or disturbance of the lawful occupant or his agent. (w) Prowl about on the private premises of any other person in the nighttime, without authority or the permission of the owner of such premises. (x) moving automobile. Wrongfully throw or propel any snowball, missile or object from any (y) Wrongfully throw or propel any snowball, missile or object toward any person or automobile. (z) Minor in possession of Alcoholic Liquors; No person under the age of 18 years shall purchase, or knowingly possess or transport any alcoholic liquor, or knowingly possess, transport, or have under his control in any motor vehicle any alcoholic liquor unless said person s employed by a license as deferred in Public Acts 1952, No. 227, as amended, and is possessing, transporting or having such alcoholic liquor in a motor vehicle under his control during regular working hours and in the course of his employment. Any person, firm or corporation who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $500 and the cost of prosecution, or shall be imprisoned in the Kent County Jail for not more than 90 days, or both, such fine and imprisonment to be in the discretion of the court. Each day during which any violation continues shall be deemed a separate offense. The Township Disorderly Conduct Ordinance Revised 1994 Page 2

36 attorney is authorized to prosecute such violation. In addition, the Township Board, the attorney for the Township or the prosecuting attorney for Kent County may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove any violation of this Ordinance. The rights and remedies provided herein are cumulative and are in addition to all remedies provided by law. Disorderly Conduct Ordinance Revised 1994 Page 3

37 ACCUMULATION OF TRASH AND JUNK ORDINANCE (Ord. No. 73-3, amended by Ord. Nos and 94-12) AN ORDINANCE to prevent, reduce or eliminate blight, blighting factors, or causes of blight, within the Township, and to secure the public health, safety, and general welfare by prohibiting the accumulation of trash and junk or either of them on premises other than in properly designated sanitary landfills or licensed junk yards, and to provide penalties for the violation of said ordinance. THE TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Definitions. A. The terms Trash and Junk are used synonymously and each as herein used shall include the following: used articles or used pieces of: iron, scrap metal, automobile bodies or parts of machinery or junked or discarded machinery, used lumber which may be used as a harborage for rats, ashes, garbage, industrial by-products or waste, empty cans, food containers, bottles, crockery, utensils of any kind, boxes, barrels, and all other articles customarily considered trash or junk and which are not housed in a building. B. The term Person as used herein shall include any person, firm or corporation. Section 2. It shall be unlawful for any person to accumulate, place, or allow or permit the accumulation or placing of trash or junk on any premises in said Township, except in a sanitary landfill licensed by the State of Michigan or in a junk yard licensed by the Township. Section 3. Violation of this Ordinance is a municipal civil infraction, for which the fine shall be not less than $100 nor more than $500 for the first offense and not less than $200 nor more than $2,500 for subsequent offenses, in the discretion of the Court, and in addition to all other costs, damages, and expenses provided by law. For purposes of this section, subsequent offense means a violation of this Ordinance committed by the same person within 12 months of a previous violation of the ordinance for which said person admitted responsibility or was adjudicated to be responsible, provided, however, that offenses committed on subsequent days within a period of one week following issuance of a citation for a first offense shall all be considered separate first offenses. Each day that such violation occurs shall constitute a separate offense. Section 4. Should any section, clause or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of this Ordinance as a whole or any part thereof other than the part declared to be invalid. Section 5. This Ordinance shall be in full force and effect on the thirtieth day following publication thereof. Accumulation of Trash and Junk Ordinance Revised 1994 Page 1

38 INOPERABLE MOTOR VEHICLES ORDINANCE (Ord. No. 73-4, Amended by Ord. Nos and 94-13) AN ORDINANCE to provide for the regulation and removal of junked and inoperable vehicles and motor vehicles. THE TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Definitions. A. Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon rails or tracks. B. Motor vehicle means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. C. Inoperable vehicle or motor vehicle means any vehicle or motor vehicle which cannot be started or legally or physically operated on city streets or public highways by virtue of lacking the equipment required by the laws of the state of Michigan, or which does not bear valid and current license plates. D. Junked vehicles or motor vehicles include all parts or accessories of vehicles or motor vehicles without which vehicles or motor vehicles cannot be operated in a safe manner on city streets or public highways. E. Junked vehicles or motor vehicles mean vehicles or motor vehicles which have been so damaged or dismantled as to be total losses. F. Total loss means the cost to repair a damaged or dismantled vehicle or motor vehicle exceeds the fair market value for such vehicle. Fair market value may be determined by using any nationally recognized appraisal books or method. Section 2. Storage of Inoperable or Junked Vehicles or Motor Vehicles. No person, firm or corporation shall accumulate, store, place or permit the accumulation, storage, or placement of any inoperable or junk vehicle or motor vehicle in Caledonia Township for more than 48 hours, unless such inoperable or junk vehicle or motor vehicle is stored in compliance with the Zoning Ordinance of Caledonia Township or in enclosed garages or other structures. Section 3. Prima Facie Evidence. The ownership, occupation or use of land by any person, firm or corporation upon which an inoperable or junked vehicle or motor vehicle are accumulated, stored, or placed shall be prima facie evidence that such person, firm or corporation accumulated, stored or placed such inoperable vehicle or motor vehicle upon such land, or permitted such inoperable vehicle or motor vehicle to be accumulated, stored or placed upon such land. Inoperable Motor Vehicles Ordinance Revised 1994 Page 1

39 Section 4. Penalties. Violation of this Ordinance is a municipal civil infraction, for which the fine shall be not less than $100 nor more than $500 for the first offense and not less than $200 nor more than $2,500 for subsequent offenses, in the discretion of the Court, and in addition to all other costs, damages, and expenses provided by law. For purposes of this section, subsequent offense means a violation of this Ordinance committed by the same person within 12 months of a previous violation of the ordinance for which said person admitted responsibility or was adjudicated to be responsible, provided, however, that offenses committed on subsequent days within a period of one week following issuance of a citation for a first offense shall all be considered separate first offenses. Each day that such violation occurs shall constitute a separate offense. Section 5. Repeal of Inconsistent Ordinance. The Caledonia Township Inoperable Motor Vehicle Ordinance heretofore enacted by the Township Board of Caledonia Township at a regular meeting on the 16th day of February, 1966, is hereby repealed. Section 6. Effective Date. This Ordinance shall be effective thirty days after its publication in a newspaper of general circulation in the Township of Caledonia. Inoperable Motor Vehicles Ordinance Revised 1994 Page 2

40 SWIMMING POOLS ORDINANCE (Ord. No. 74-1, amended by Ord. No ) AN ORDINANCE to regulate the location, construction, operation and maintenance of private swimming pools and to provide for the issuance of permits before construction and for the administration and enforcement of this Ordinance and penalties for the violation of its provisions. THE TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Definitions. For the purpose of this Ordinance, certain terms appearing herein are defined as follows: A. The term swimming pool shall mean any artificially constructed pool capable of being used for swimming or bathing, having a depth of not less than two feet at any point. (Portable wading pools having a depth of less than two feet shall not be considered to be swimming pools. ) B. Private shall refer to a swimming pool which is not open to the public, which is not publicly owned, or which is not regulated by the State of Michigan either by statute or by administrative rule. Section 2. Construction Permit. A. A permit shall be applied for and issued by the Building Inspector before construction shall begin on any swimming pool. The application for the permit shall be accompanied by a complete and detailed set of plans and specifications of the swimming pool. Before any permit shall be issued, such plans and specifications shall be approved by the Building Inspector. Immediately after the installation of any electrical service or equipment for any swimming pool, an interim electrical inspection shall be obtained from the Building Inspector, and such swimming pool shall not be completed until the Building Inspector has approved such electrical installation. Before any swimming pool shall be used, a final inspection and approval shall be obtained from the Building Inspector. B. All applications for a permit shall be accompanied by a fee of $15.00, which shall thereafter be deposited into the General Fund of the Township, except that there shall be no such fee for the permit for any portable swimming pool not located below the surrounding ground surface. Section 3. Regulations. A. Swimming pools shall not be constructed in any front yard (or between a principal building and any street), and, measured from the water s edge of the pool, shall not be any nearer than ten feet to the side or rear property lines, unless the Enforcement Officer approves a shorter distance. Swimming Pools Ordinance Revised 1994 Page 1

41 B. Any electric wire within 25 feet from the water s edge of the pool shall be placed underground and in appropriate conduit approved for such purposes to prevent electricity from being conducted into the water. No electric wires of any kind shall cross or be over the water surface. Any underwater lighting shall be accomplished by the use of methods and materials approved for such purposes. Section 4. Drain Connections. A. The drain line for the pool shall be connected to the storm sewer if one is available. B. If a storm drain is not readily accessible to the premises, no swimming pool shall be emptied in any manner that will cause water to flow upon another lot or be emptied on any adjoining property. Section 5. Sediment, Debris. The pool shall, at all times, be kept free of floating sediment, debris and other waste material. Section 6. Recirculation. The entire recirculating system shall be capable of filtering and recirculating the entire volume content of the pool during a 12-hour period. The rate of application of pool water on the filters shall not be greater than three gallons per minute per square foot of filter area. The Building Inspector may approve other rates of recirculation or rates of application of water on the filters. Section 7. Disinfecting Agents. Positive germicidal or bacterial control of the water in the pool shall be accomplished by the use of chlorine or other disinfecting agents commonly used for such purpose. A. Such disinfecting agents shall be applied to the pool water at a uniform rate. B. The application of disinfecting agents shall be at such rate as is sufficient to maintain the volume of disinfecting agents and the volume of water in the pool at a standard ranging from 0.5 parts per million to 1.0 parts per million. C. Testing devices capable of accurately measuring the volume of disinfecting agents in the pool water shall be provided. Section 8. Fences. All swimming pools as defined in this Ordinance shall be enclosed by a permanent and substantial fence which shall be at least four feet in height and of a type not readily climbed by children. However, if the entire yard of the residence is enclosed by a similar fence, then this provision may be waived by the Building Inspector upon inspection and approval of the yard s enclosure, or if the pool is of a portable type with a wall height of at least four feet above the surrounding ground surface and of such construction as not to be readily climbed by children, then the ends of the fence may be attached to the pool structure and the fence need be erected only around the immediate area of the ladder, and other means of access to the pool. Gates shall be of a self-closing latch type with the latch on the inside of the gate and not readily available for children to open. Pools constructed or erected after the date of this Ordinance shall be enclosed by such a fence before water is placed in the pool. Pools which Swimming Pools Ordinance Revised 1994 Page 2

42 have been constructed or erected prior to the date of this Ordinance shall be enclosed by such a fence not later than one year from the effective date of this Ordinance. Section 9. Filtration System. All swimming pools shall have an effective filtration system, approved by the Building Inspector. Section 10. Inspection. The Building Inspector shall have the right at any reasonable hour to inspect any swimming pool for the purposes of determining that all provisions of this Ordinance have been complied with. Section 11. Noise. The owner of the premises upon which a private swimming pool is located shall be responsible to limit the number of persons using the pool at any one time, the hours the pool is used and the conduct of the persons using the pool, so that any resulting noise, in relation to the time of the day and the proximity of adjacent houses, will be reasonable and not of substantial nuisance to the occupants of adjacent property. Section 12. Nuisance. Construction, operation or maintenance of a private swimming pool in violation of the terms of this Ordinance is hereby declared to be a public nuisance. Section 13. Penalties. Violation of this Ordinance is a municipal civil infraction, for which the fine shall be not less than $100 nor more than $500 for the first offense and not less than $200 nor more than $2,500 for subsequent offenses, in the discretion of the Court, and in addition to all other costs, damages, and expenses provided by law. For purposes of this section, subsequent offense means a violation of this Ordinance committed by the same person within 12 months of a previous violation of the ordinance for which said person admitted responsibility or was adjudicated to be responsible, provided, however, that offenses committed on subsequent days within a period of one week following issuance of a citation for a first offense shall all be considered separate first offenses. Each day that such violation occurs shall constitute a separate offense. Section 14. Severability. The provisions of this Ordinance are hereby declared to be severable, and if any portion is declared to be void or ineffective, it shall not affect any other portion hereof. Section 15. Effective Date. This Ordinance shall be effective 30 days after its publication. Swimming Pools Ordinance Revised 1994 Page 3

43 TOWNSHIP FISCAL YEAR ORDINANCE (Ord. No. 79-1) AN ORDINANCE to establish the fiscal year of the Township of Caledonia, Kent County, Michigan, and the annual settlement day for such Township pursuant to Michigan Public Act 596 of THE TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Commencing in 1979, the fiscal year of the Township shall extend from April 1 of each year until March 31 of the following year. Any pre-existing Township budget lawfully adopted by the Township Board shall be proportionately extended to coincide with the foregoing new fiscal year periods. Section 2. The annual settlement day meeting of the Township Board shall hereafter be held on the 15th day of the last month of the fiscal year of the Township unless said day falls on a Saturday, Sunday or legal holiday whereupon said meeting shall be held on the following Monday which is not a legal holiday. Section 3. The annual meeting of the electors of the Township, where the same has not been abolished, shall be held on the last Saturday in the last month of the aforesaid fiscal year at such time and place as is determined by the Township Board. Section 4. This Ordinance shall take immediate effect. All ordinances or part of ordinances in conflict herewith are hereby repealed. Township Fiscal Year Ordinance Adopted 1979 Page 1

44 FLOOD DAMAGE PREVENTION ORDINANCE (Ord. No. 81-1) AN ORDINANCE to regulate the use of lands within the Township of Caledonia (hereinafter referred to as the Township ); to minimize property damage resulting from floods; to discourage land uses which are dangerous to health, safety, welfare and property due to flood or erosion, to adopt a flood boundary and floodway map and flood insurance rate map, and flood insurance study; to prescribe minimum requirements for the construction and alteration of buildings in areas of special flood hazards; to provide certain procedures regarding the application of this Ordinance; to provide for penalties upon violation of this Ordinance. THE TOWNSHIP OF CALEDONIA ORDAINS: Article I General Provisions Section 1.1 Short Title. This Ordinance shall be known and may be cited as the Flood Damage Prevention Ordinance. Section 1.2 Legal Basis. This Ordinance is enacted in accordance with the National Flood Insurance Act of 1968, as amended, and regulations promulgated thereunder, and related rules and regulations promulgated by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, and the Federal Emergency Management Agency, and pursuant to laws of the State of Michigan authorizing the Township to adopt ordinances regulating the public health, safety, and general welfare. Section 1.3 Findings of Fact. The areas of special flood hazards, as hereinafter described, in the Township are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. Section 1.4 Statement of Purpose. It is the purpose of this Ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas, by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; Flood Damage Prevention Ordinance Adopted 1981 Page 1

45 (4) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, and streets and bridges located in areas of special flood hazard; and (5) To help maintain a stable tax base by providing for the secondary use and development of areas of special flood hazard so as to minimize future flood blight areas. Article II Definitions Section 2.1 Definitions. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. (1) Area of Special Flood Hazard means the land in the flood plain within the Township subject to a one percent or greater chance of flooding in any given year. (2) Base Flood means the flood having a one percent chance of being equaled or exceeded in any given year. (3) Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flood hazard. (4) Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: source. (a) (b) The overflow of streams, rivers, lakes or other waters; and/or The unusual and rapid accumulation or runoff of surface waters from any (5) Flood Insurance Rate Map means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the Township, and which is adopted in Section 3.2 hereof. (6) Floodway means the channel of a river or other watercourse and the adjacent land areas designated in the Flood Insurance Study (described below herein), which must be reserved in order to discharge the base flood. (7) Habitable Floor means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor. (8) Mobile Home means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. Flood Damage Prevention Ordinance Adopted 1981 Page 2

46 (9) Structure means all or any part of a walled and roofed building, a mobile home, or a gas or liquid storage tank that is principally above ground. (10) Substantial Improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: occurred. (a) (b) before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage For purposes of this definition substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however include either: any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Article III Flood Hazard Zones Section 3.1 Lands to Which this Ordinance Applies. This Ordinance shall apply to all areas of special flood hazards within the Township. Section 3.2 Basis for Establishing Special Flood Hazard Areas. The areas of special flood hazard identified by the Federal Insurance Administration in the report entitled The Flood Insurance Study for Township of Caledonia with its accompanying Flood Insurance Rate Map, are adopted by reference and declared to be a part of this Ordinance. Section 3.3 Interpretation. In the interpretation and application of this Ordinance to special flood hazard areas, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and law. (3) Deemed neither to limit nor to repeal any other powers granted under Michigan Article IV Administration Section 4.1 Establishment of Development Permit. A Development Permit shall be obtained before construction or development commences within any area of special flood hazard, as established in Section 3.2. Application for a Development Permit shall be made on forms furnished by the Township Building Inspector and shall include, but is not limited to: plans in Flood Damage Prevention Ordinance Adopted 1981 Page 3

47 duplicate, drawn to scale, showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. The following information shall also be included in such applications: (1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) Elevation in relation to mean sea level to which any structure has been floodproofed; (3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 5.2(2) hereof; and (4) Description of the extent to which any water-course will be altered or relocated as a result of proposed development. Section 4.2 Duties and Responsibilities of Building Inspector. The duties of the Building Inspector hereunder shall include, but not be limited to: (1) Review of all applications for development permits, to determine that the permit requirements of this Ordinance have been satisfied. (2) Review of all applications for development permits to determine that all necessary permits have been obtained from Federal, State or local governmental agencies from which prior approval is required. (3) Review of all applications for development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this Ordinance, adversely affects means decreasing the flood carrying capacity of the area of special flood hazard or damaging adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent over-bank areas. (a) If it is determined that there is no adverse effect, then the permit shall be granted consistent with the provisions of this Ordinance. (b) If it is determined that there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit. (4) When base flood elevation data has not been provided in accordance with Section 3.2 hereof, the Building Inspector shall obtain, review and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer Section 5.2 hereof. Flood Damage Prevention Ordinance Adopted 1981 Page 4

48 (5) Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (6) For all new or substantially improved flood-proofed structures: (a) obtain and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed; (b) maintain the floodproofing certifications required in Section 4.1(3) hereof. (7) Maintain for public inspection all records pertaining to the provisions of this Ordinance. (8) Notify adjacent communities and the Michigan Department of Natural Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, and require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (9) Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Article V Flood Hazard Reduction Section 5.1 General Standards for Flood Hazard Reduction. In all areas of special flood hazards, the following standards are required: (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure; (2) All mobile homes are prohibited; (3) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (4) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; (7) On-site waste disposal systems shall be located to avoid impairment or contamination during flooding; Flood Damage Prevention Ordinance Adopted 1981 Page 5

49 (8) All subdivision proposals shall be consistent with the need to minimize flood damage; (9) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (10) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; (11) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less); and (12) Any proposed development shall be analyzed to determine effects on the flood carrying capacity of the area of special flood hazard as set forth in Section 4.2(3) hereof. Section 5.2 Specific Standards for Flood Hazard Reduction. In all areas of special flood hazards where base flood elevation data has been provided, as set forth in Section 3.2 and Section 4.2(4) hereof, the following standards are required: (1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation; and (2) New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (a) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (b) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (c) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Building Inspector as set forth in Section 4.2(6) hereof. Article VI Floodway Protection Section 6.1 Floodway Protection Standards. (1) All development occurring within the regulatory floodway shall comply with the following standards: (a) Encroachments, including fill, new construction, substantial improvements and other development shall be prohibited. Exception to this prohibition shall only be made upon certification by a registered professional engineer or the Department of Natural Resources that the development proposed will not result in any increases in flood levels during a base flood discharge, and compliance with Act 245, Public Acts of 1929, as amended. Flood Damage Prevention Ordinance Adopted 1981 Page 6

50 (b) Mobile homes are prohibited except in mobile home parks which exist at the time this Ordinance is adopted. (c) Development which is permitted in the regulatory floodway shall meet the requirements of Articles IV and V of this Ordinance. (2) The uses of land permitted in an underlying zoning district shall not be construed as being permitted within the regulatory floodway except upon compliance with the provisions of this section. Article VII Appeals and Variances Section 7.1 Appeals to Zoning Board of Appeals. (1) The Township Zoning Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this Ordinance. (2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Inspector or his designee in the enforcement or administration of this Ordinance. (3) Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Circuit Court for the County of Kent. Section 7.2 Variances. (1) Variances from the provisions of this Ordinance shall only be granted by the Zoning Board of Appeals upon a determination of compliance with the general standards for variances contained in this Ordinance, and each of the following specific standards: (a) A variance shall not be granted within a regulatory floodway where the result would be any increase in flood levels during a base flood discharge, except upon certification by a registered professional engineer or the Department of Natural Resources that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not harm-fully increase the water surface elevation of a base flood. In determining whether a harmful increase will occur, compliance with Public Act 245 of 1929, as amended, shall be required. (b) A variance shall be granted only upon: (i) (ii) a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in flood heights in excess of those permitted by this Ordinance, additional threats to public safety, extraordinary public expense, Flood Damage Prevention Ordinance Adopted 1981 Page 7

51 create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances. (c) The variance granted shall be the minimum necessary, considering the flood hazard, to afford relief to the applicant. (2) The Township Zoning Board of Appeals may attach conditions to the granting of a variance to insure compliance with the standards contained in this Ordinance. (3) Variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the Michigan Historic Markers listing of historic sites, or any other state register of historic places without regard to the requirements of this section governing variances in flood hazard areas. (4) The Building Inspector shall maintain the records of all appeal actions including technical information and report any variances to the Federal Insurance Administration upon request. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Article VIII Warning and Disclaimer Section 8.1 Warning and Disclaimer of Liability. The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the Township, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. Article IX Effect of Violation Section 9.1 Nuisance Per Se. Any building or structure which is erected, altered or moved into the Township or moved within the Township, and maintained or used, and any use of land which is begun, maintained or changed in violation of any provision of this Ordinance, is hereby declared to be a nuisance per se. Section 9.2 Authority to Enforce Ordinances. The Township Board, by its duly constituted officers, the Building Inspector, the prosecuting attorney of the County of Kent or the duly appointed attorney for the Township may cause complaint to be made for the violation of the provisions thereof. Flood Damage Prevention Ordinance Adopted 1981 Page 8

52 Article X Other Matters Section 10.1 Separability. Should any section, clause or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of this Ordinance as a whole or any part thereof other than the part declared to be invalid. Section 10.2 Scope. This Ordinance shall not repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws, ordinances or regulations, or with private restrictions placed upon property by deed, covenant, or other private agreements, or with restrictive covenants running with the land to which the Township is a party. Where this Ordinance imposes a greater restriction upon land than is imposed or required by such existing provision of any other ordinance of this Township, the provisions of this Ordinance shall control. Section 10.3 Administration. The provisions of this Ordinance shall be administered by the Township Zoning Board of Appeals and Building Inspector in accordance with the National Flood Insurance Act of 1968, the rules and regulations promulgated thereunder, and this Ordinance. The schedule of fees for the review of proposed development plans and issuance of development permits hereunder shall be as set by resolution of the Township Board. Section 10.4 Effective Date. This Ordinance shall be-come effective immediately after adoption and publication hereof. Flood Damage Prevention Ordinance Adopted 1981 Page 9

53 CABLE COMMUNICATIONS ORDINANCE (Ord. No. 82-1) AN ORDINANCE to amend the Ordinance Code of the Township of Caledonia by adding an additional section, for the regulation of cable communications services within the Township; to establish rules applicable between subscribers and cable communications companies; to require a franchise for cable communications services; to establish requirements and procedures for issuance of a franchise and relating to termination of franchises; and to establish penalties for violations of this Ordinance. THE TOWNSHIP OF CALEDONIA ORDAINS: Cable Communications Services. (1) Definitions. For the purpose of this Ordinance, the following words and terms shall have the meanings indicated below: Cable Communications System shall mean a system of coaxial cables or other equipment used to originate or receive television or radio signals and to transmit them via cable to subscribers for a fee, and also including related services. Cable Communications Service shall mean the business, in whole or in part, of receiving over the air and amplifying or otherwise modifying the signals transmitting programs broadcast by various types of transmission, and redistributing such signals by cable or other means to members of the public located in the Township of Caledonia who pay for such service. Franchisee shall mean a cable communications service or company having a franchise to operate a cable communications system within the Township of Caledonia. Gross Subscription Revenue shall include all compensation or revenues received which are paid by subscribers to the Franchisee for receipt of the cable communications service, but such revenue shall not include those revenues derived from charges for paid television programs, leased channels, pay TV service, nor any sales or excise tax. (2) Franchise Required. No person shall construct, install, maintain or operate a cable communications system in the Township of Caledonia, nor provide any Cable communications service without first having obtained a franchise therefor from the Township. The provisions of this Ordinance are the minimum requirements of any Franchise Agreement for the purposes set forth herein. Additional requirements shall be set forth in an agreement between the Township and the prospective Franchisee. An application for franchise shall be filed with the Township Board in the form as established thereby. (3) Compliance with Applicable Laws. At all times during the effectiveness of the franchise, the Franchisee shall be subject to all lawful exercises of the police powers and other authority of the Township. The Franchisee as a condition of the continuance of its franchise, Cable Communications Ordinance Adopted 1982 Page 1

54 shall comply with all applicable local, state and federal laws, ordinances and regulations, including the rules, regulations and other authority of the Federal Communications Commission. (4) Indemnification. The Franchisee shall indemnify and save the Township harmless from any and all losses, costs and expenses resulting from damage to any property or injury or death to any person arising out of or occurring by reason of the exercise by the Franchisee of any rights granted in the franchise, or by reason of the omission by the Franchisee of any duties or obligations thereof. The Franchisee shall carry insurance to protect itself and the Township from any and all claims, judgments, costs, expenses and liabilities which may arise or result from any such loss, injury or damage; such insurance shall be in such amounts as may be required by the Township Board. (5) Construction Standards. (a) Construction Timetable. The Franchisee shall construct not less than 90 percent of its total cable system, and shall commence cable television operations, within one year after the local telephone or electrical power company has made poles available to permit the Franchisee to commence construction, and the Franchisee has secured all necessary federal, state and local permits. The Franchisee shall thereafter equitably extend the cable television system so as to enable it to render service to all feasible areas within the Township. The Franchisee shall apply for all necessary permits within 60 days from execution of the Franchise Agreement. (b) Compliance with Codes. The construction, maintenance and operation of the Franchisee s cable television system shall comply with the standards for materials and engineering and all other provisions of the National Electric Safety Code, the National Electric Code, the Township of Caledonia Building Code, and other standards and requirements of the Federal Communications Commission or other agencies having jurisdiction. The Franchisee shall install, maintain and operate its system in accordance with all accepted standards of the industry and shall at all times possess the financial and technical qualifications necessary to provide a cable communications system which will assure its subscribers a high quality of technical and public service. (c) Inspection. The Township shall have the right to supervise all construction and installation work performed subject to the provisions of the franchise and to make such inspections as it shall find appropriate in order to assure compliance with all applicable ordinances. (d) Public Channels. Every cable communications system authorized under this Ordinance shall, at a minimum, maintain and make available without charge such public access channels, educational access channels and local government access channels as may from time to time be required by the rules and regulations of the Federal Communications Commission, and also such public channels as may be required by the Township Board by ordinance or by agreement with the Franchisee. (6) Removal of Facilities. In the event any street or other public right-of-way or other easement used by the Franchisee shall be vacated or abandoned by the Township, or in the event that the Franchisee shall discontinue the use thereof, the Franchisee shall forthwith remove all of its facilities therefrom unless specifically permitted otherwise by the Township, and upon Cable Communications Ordinance Adopted 1982 Page 2

55 removal thereof, the Franchisee shall restore, repair or reconstruct the street area from which such removal occurred to such condition as may be required by the Township. In the event of failure or refusal by the Franchisee after 30 days notice by the Township Board to repair, improve or maintain such portion of street or other public right-of-way, the Township may do such work or cause it to be done, and the cost thereof shall be paid by the Franchisee, and the Township may enforce the same as permitted by law. (7) Conditions of Right-of-Way Occupancy. (a) Use. All transmission and distribution lines and other equipment installed by the Franchisee shall be so located as to cause only minimum interference with the rights and reasonable convenience of adjoining property owners. (b) Restoration. In case of any disturbance of pavement, sidewalk or other surfacing, the Franchisee shall, at its own cost and expense, in any manner approved by the Township, replace and restore all such paving, sidewalk or other surface, to the same condition as existed before commencement of the work. (c) Relocation. In the event that at any time during the period of the franchise the Township shall elect to alter or change the grade or width of any street or other public way, the Franchisee shall promptly remove and relocate its poles, wires, cables and other equipment at its own expense. (d) Temporary Removal. At the request of any person holding a building removal permit issued by the Township, the Franchisee shall temporarily raise or lower its wires to permit the moving of buildings. The reasonable expense of such raising or lowering of wires shall be paid by the person requesting the same, and the Franchisee may require such payment in advance. (8) Use of Utility Poles. Whenever possible and practicable, the Franchisee shall use the poles maintained by the Township or utility companies serving the Township. If such use cannot be accomplished, the Franchisee may erect and maintain its own poles, to the extent necessary for the proper construction and maintenance of its system. In all sections of the Township where the cable, wires or other facilities of public utilities are now or hereafter placed underground, the Company shall place its cables, wires or other like facilities underground as well. (9) Regulations and Procedures. While operating under the franchise, the Franchisee shall at all times maintain efficient and technically current cable television service to its subscribers within the Township. At reasonable hours, the Township shall have access to and the right to inspect the Franchisee s books and records relating to its property and to its operation, and the right of inspection of all other records required to be kept hereunder. A copy of any and all rules and regulations adopted by the Franchisee for the conduct of its business shall be filed with the Township Clerk and shall also be available for public inspection at the offices of the Franchisee. Cable Communications Ordinance Adopted 1982 Page 3

56 The rates and charges of the Franchisee for its services shall at all times be fair and reasonable, shall be comparable to those charged in other communities in Kent County, and shall comply with the Franchise Agreement between the Township and the Franchisee. (10) Public Service and Payments. The Franchisee shall furnish, without installation charge or monthly service fee, a free-of-charge connection to the Township Hall and to all public school buildings located within the Township. For and in consideration of the right and privilege to conduct cable television operations, the Franchisee shall pay to the Township a fee equal to 3 percent of gross subscription revenue, calculated on a monthly basis, derived from its cable television operations in the Township. Such fee shall be payable to the Township annually, not later than January 31, for the preceding calendar year. In the event of revocation or termination of the franchise, the final annual fee payment shall be prorated from the immediately preceding January 1 to the date of termination of service. (11) Complaint Procedures. The Franchisee shall adopt procedures for the investigation and resolution of complaints regarding its cable television operations. Notice of such procedures shall be given to each subscriber at the time of initial subscription and a copy of such procedures shall be filed with the Township Clerk. The Franchisee shall maintain a local business office accessible to subscribers for the purpose of receiving notice of, investigating and resolving any problems relating to service or other aspects of its operations. At its own expense, the Franchisee shall maintain and furnish telephone answering service and system maintenance service to subscribers, both during and after regular business hours. In addition to having its telephone listed in the local telephone directory, the Franchisee shall advise each of its subscribers in writing of such telephone number. (12) Assignment and Transfer. The cable communications franchise shall not be as signed nor shall control of the Franchisee be transferred without the prior approval of the Township Board, although the Board shall not unreasonably or unfairly withhold such approval. (13) Forfeiture. The Township may declare a forfeiture of the franchise and revoke the same in the event that the Franchisee violates any provision of the Franchise Agreement or applicable Township ordinance, and in the event that such violation remains uncured for a period of 30 days after the giving of written notice of the violation to the Franchisee. The Township may, in addition, declare such forfeiture in the event that the Franchisee practices any fraud or deceit upon the Township in connection with the cable communications system, or the operation thereof. (14) Other Matters. (a) The Franchisee shall file annually with the Township Clerk a current map showing the exact location of all of its transmission and distribution facilities and equipment within the Township, and shall further provide, upon request by the Township, such reports as to its operations, finances, facilities and activities as may be appropriate to enable the Township to carry out its responsibilities as required by law or ordinance. (b) Any Franchisee or other person violating any of the provisions of this Cable Communications Ordinance shall, upon conviction thereof, be punished by a fine of not more than $500. Each day of violation shall constitute a separate offense. Cable Communications Ordinance Adopted 1982 Page 4

57 (c) Should any portion of this Ordinance be held invalid by any court or other authority having jurisdiction, such declaration of invalidity shall not affect the remainder of this Ordinance. (d) This Ordinance shall become effective upon its publication in a newspaper of general circulation within the Township. Cable Communications Ordinance Adopted 1982 Page 5

58 HOUSING LAW OF MICHIGAN ORDINANCE (Ord. No. 86-1) AN ORDINANCE to adopt the Housing Law of Michigan and enforcement thereof. THE TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Pursuant to the provisions of Act 167 of 1917, being MCLA to , as amended, and in particular Section 1 thereof, being MCLA , the Township of Caledonia HEREBY ADOPTS by reference the Housing Law of Michigan, including the enforcement provisions of that Act. Section 2. The provisions of the Housing Law of Michigan, as adopted by this Ordinance, are intended to supplement the ordinances and laws already in effect in the Township of Caledonia, and all ordinances subsequently enacted, and are not intended to be the sole procedure available to the Township in circumstances covered by the Housing Law of Michigan. Section 3. Should any provision or section of this Ordinance or the Housing Law of Michigan be declared unconstitutional or invalid, then such decision shall affect only that section or provision so declared, and shall not affect any other section or part of this Ordinance. Section 4. This Ordinance shall become effective upon its publication in a newspaper of general circulation within the Township. Housing Law of Michigan Ordinance Adopted 1986 Page 1

59 NAMING OF PUBLIC AND PRIVATE STREETS ORDINANCE (Ord. No. 86-2) AN ORDINANCE authorizing the naming of certain public and private streets within the Township of Caledonia by Resolution of the Township Board THE TOWNSHIP OF CALEDONIA ORDAINS: Section 1. The Township Board of the Township of Caledonia hereby declares that the permanent naming or designation of streets and drives, both public and private, is in the public interest and will contribute to the general welfare and safety of all of the citizens in the Township, by assisting in the locating of properties in the event of emergencies and for other reasons. Section 2. By resolution duly adopted by majority vote of those present and voting, the Township Board may designate names for all streets and drives within the Township, both public and private, where such streets and drives provide access to two or more houses or other buildings and if the same have not previously been named by any public body, plat proprietor or other private owner. Before adopting such resolution, the Township Board shall hold a public hearing on the matter, after giving written notice thereof by publication in a newspaper of general circulation within the Township, or by written notice sent by ordinary first class mail to the persons owning lands abutting the street or drive in question, or by both such publication and mailed notice. Section 3. Where a public or private street or drive providing access to two or more houses or other buildings has, through custom and usage, become known by a certain name, in the absence of official or other action, the Township Board may by resolution adopted as provided in Section 2 above, designate and establish such name as the actual and official name of such street or drive, after the public hearing and public notice described in Section 2 above. Section 4. When a street or drive has been named by action of the Township Board as provided above, such name shall be the name of the street or drive for all purposes. The Township, other public bodies or private persons may erect appropriate signs designating such street or drive, and in all such cases, such signs shall indicate only the name specified for such street or drive by action of the Township Board. Section 5. This Ordinance shall become effective upon its adoption. Naming of Public and Private Streets Ordinance Adopted 1986 Page 1

60 TOWNSHIP HISTORICAL COMMISSION ORDINANCE (Ord. No. 88-2) AN ORDINANCE to create a Township Historical Commission, provide for its appointment, and prescribe its functions. THE TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Title. This Ordinance shall be known as the Caledonia Township Historical Commission Ordinance of the Township of Caledonia. Section 2. Purpose. The purpose of this Ordinance is to: (1) Safeguard the heritage of the Township of Caledonia by recognizing and preserving districts, buildings, sites, or objects which reflect elements of the Township s cultural, social, economic, political or architectural history. (2) Promote public interest in historic buildings, sites and historic objects and memorabilia for the benefit of the citizens of the Township of Caledonia and others. (3) Establish a Township Historical Commission in order to carry out these purposes. Section 3. Establishment of Township Historical Commission. Pursuant to Section 2 of Act 213 of the Public Acts of 1957, as amended, the Township of Caledonia hereby creates and establishes the Caledonia Township Historical Commission. Section 4. Membership. The Caledonia Township Historical Commission shall consist of five members who must reside in the Township. Members shall be appointed by the Township Supervisor, with the consent of the Township Board. Members shall be appointed for three-year terms, except that the terms of the initial appointments shall be made as follows: One member shall be appointed for a term of one year, two members shall be appointed for a term of two years, and two members shall be appointed for a term of three years. If there is a vacancy on the Commission, interim appointments shall be made by the Township Supervisor, with the consent of the Township Board, to complete the unexpired term for such position. Commission members shall receive no compensation for their services. Section 5. Officers. (1) At its first meeting, the Historical Commission shall elect a chairperson, vicechairperson, and secretary from its members. It may thereafter create and fill other offices or committees as it considers advisable. The term of each officer shall be one year. If an officer becomes unable or unwilling to occupy that individual s office, the Commission shall elect another member of the Commission to fill the vacancy for the unexpired term of such office. (2) The chairperson shall preside over the meetings of the Commission. (3) The vice-chairperson shall preside over the meetings of the Commission in the president s absence. Township Historical Commission Ordinance Adopted 1988 Page 1

61 (4) The secretary shall give notice of meetings to members and the public and shall keep and maintain records of the proceedings of the Commission. Section 6. Meetings, Records and Reports. The business which the Commission may perform shall be conducted at a public meeting held in compliance with Act 267 of Public Acts of Public notice of the time, date and place of a regular or special meeting shall be given in the manner required by said Act. The Commission shall meet upon call by the chairperson or by a majority of the members. Actions shall be taken by the majority of members present, and a quorum shall consist of a majority of the members. The Commission shall adopt rules for the transaction of business, and shall keep a public record of its resolutions, transactions, findings and determinations. It shall make an annual written report to the Township Board concerning its operations, revenues and expenditures, the status of its activities and recommendations for actions by the Township Board related to the functions and purposes of the Commission. A writing prepared, owned, used, in the possession of, or retained by the Historical Commission in the performance of an official function shall be made available to the public in compliance with Act 442 of the Public Acts of Section 7. Functions and Powers. The functions and powers of the Caledonia Township Historical Commission are as follows: (1) To undertake research, inspection and investigations of sites, buildings, documents or items of historical interest. (2) To operate and maintain buildings and sites of historical interest. (3) To protect and to provide for public access to buildings, sites, documents, and other items of historical interest. (4) To recommend expenditures by the Township for the acquisition or operation of buildings, property, and other items of historical interest. (5) To recommend that the Township Board apply to the Michigan Historical Commission to have any sites of historical interest within the Township listed as State Historical Sites, in accordance with Act 10 of the Public Acts of (6) To plan and carry out events intended to educate the public and to foster public interest in the heritage of the Township of Caledonia. (7) To request and accept appropriations, grants, and gifts from any source, public or private, including the Township of Caledonia, to carry out its functions. (8) To perform all the functions assigned by Federal law, state law or local ordinance to the Township Historical Commission. (9) To carry out any other functions which, in the determination of the Commission, will foster the preservation of, and public interest in, the heritage of the Township of Caledonia. Township Historical Commission Ordinance Adopted 1988 Page 2

62 Section 8. Volunteers. The Historical Commission shall, when appropriate, encourage the participation of volunteers in order to obtain and disseminate information, to observe historic buildings and neighborhoods, and to assist in performing other activities of the Commission. Section 9. Severability. If any portion of this Ordinance or the application thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect the remaining portions or applications of this Ordinance which can be given effect without the invalid portion or application, provided such remaining portions are not determined by the court to be inoperable, and to this end this Ordinance is declared to be severable. Section 10. Effective Date. This Ordinance shall be effective from and after the 30th day following publication of a summary of this Ordinance. Township Historical Commission Ordinance Adopted 1988 Page 3

63 STREET ADDRESS NUMBER ORDINANCE (Ord. No. 91-1, amended by Ord. No ) AN ORDINANCE to regulate the placement, size and display of street address numbers for buildings within the Charter Township of Caledonia. THE TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Title and Purpose. This Ordinance shall be known as the Caledonia Charter Township Street Address Number Ordinance. This Ordinance is enacted to protect the health, safety and general welfare of the residents of the Charter Township of Caledonia by requiring the uniform placement, size and display of street address numbers for all buildings within the Township, so that each building or building unit can be readily and clearly identified and located in emergencies, and so as to reduce uncertainty about the addresses of buildings for other general purposes. Section 2. Definitions. For purposes of this Ordinance the following terms are defined as follows: (1) Address number shall mean the number assigned by the Kent County Road Commission to a building or building unit in the Township for purposes of identifying the address of the building or building unit. (2) Building unit shall mean an individual dwelling unit, office, business or other portion of a building which is assigned its own address number. (3) Roadway includes public and private streets, roads, avenues, boulevards, parkways and other public or private roadways and rights-of-way, as applicable to the property in question. Section 3. Placement of Street Address Numbers. Street address numbers for all dwellings and dwelling units and non-residential principal buildings within the Township shall be placed as follows: (1) A dwelling or dwelling unit shall have its address number displayed on the front of the building (either on the front of the dwelling unit or as close to the front door as is practicable) in a manner that is readily visible and clearly ascertainable from the abutting roadway. If, however, the dwelling unit is located more than 150 feet from the roadway or if it is obscured by tree cover, topography or any other obstruction, so that street address numbers are not readily visible and clearly ascertainable from the roadway, then the street address number shall be displayed on a post or in some other permanent and comparable manner, on the same side of the roadway as, and in front of, the dwelling or dwelling unit. The address number on the post or when placed in some other permanent and comparable manner, shall be readily visible and clearly ascertainable from both directions from the abutting roadway. (2) Multi-family residential buildings shall have a building address sign on or at the front of the building that identifies the addresses of all dwelling units located within the building, Street Address Number Ordinance Revised 1994 Page 1

64 if the addresses of the individual dwelling units are not otherwise required by this Ordinance to be displayed on the exterior of the building. (3) A principal building used primarily for business or other non-residential purposes shall have its address number displayed on the front of the building (either at the front entrance to the building or as close to the front door as practicable), or on a sign directly in front of the building in a manner that is readily visible and clearly ascertainable from the abutting roadway. (4) For a dwelling, dwelling unit or a principal building used primarily for business or other non-residential purposes that is located more than 150 feet from the roadway or is obscured by tree cover, topography or any other obstruction, so that street address numbers are not readily visible and clearly ascertainable from the roadway, the street address number shall be displayed on a post or in some other permanent and comparable manner, on the same side of the roadway as, and in front of, the building. The address number on the post or when placed in some other permanent and comparable manner, shall be readily visible and clearly ascertainable from both directions from the abutting roadway. (5) If because of particular circumstances applying to a property in question, an address number cannot be placed in strict compliance with the provisions of this section, then the address number shall be located in a manner determined by the Township Fire Chief which complies as closely as possible with the intent and purposes of this Ordinance. Section 4. Size of Address Numbers. Address numbers displayed on the front of a dwelling, dwelling unit or other building or on a post or at other location permitted by this Ordinance, shall be at least three inches in height. All numbers shall be in Arabic style. Section 5. Building Inspection and Certificates of Occupancy. The address numbers required by this Ordinance shall be permanently affixed at the time of any final Township inspection of a building. The issuance of a certificate of occupancy shall be conditioned upon compliance with the requirements of this Ordinance. In the case of the buildings under construction, street address numbers shall be displayed so as to be clearly ascertainable from the abutting roadway during construction. Section 6. Time for Compliance. All existing buildings and all buildings constructed in the future shall comply with the requirements of this Ordinance. For existing buildings, the requirements of this Ordinance shall be complied with within 90 days from the effective date of this Ordinance. Section 7. Violations. A violation of this Ordinance is a municipal civil infraction, for which the fine shall be $15 for the first offense and $50 for subsequent offenses, in the discretion of the Court, and in addition to all other costs, damages, and expenses provided by law. For purposes of this section, subsequent offense means a violation of this Ordinance committed by the same person within six months of a previous violation of this Ordinance for which said person admitted responsibility or was adjudicated to be responsible; provided, however, that offenses committed on subsequent days within a period of one week following issuance of a citation for a first offense shall all be considered separate first offenses. Street Address Number Ordinance Revised 1994 Page 2

65 Section 8. Remedies. In addition to any other remedy available at law, the Township may bring an action for an injunction or other process to restrain or prevent any violation of the provisions of this Ordinance. Section 9. Severability and Effective Date. The various parts of this Ordinance are declared to be severable; if any part of this Ordinance is adjudged invalid by a court having jurisdiction, the remainder of the ordinance should not be affected thereby. This Ordinance shall become effective on March 20, Street Address Number Ordinance Revised 1994 Page 3

66 FIRE DEPARTMENT; PUBLIC SAFETY ADVISORY COMMITTEE ORDINANCE (Ord. No. 92-5, amended by Ord. Nos and 02-03) AN ORDINANCE to codify the establishment of the Caledonia Township Fire Department Advisory Committee and to provide the duties thereof; to establish the Township Fire Department; to provide for the jurisdiction and authority of the Township Board over the Fire Department and the Fire Department Advisory Committee; to provide for the appointment of the Township Fire Chief and the duties thereof; to provide for other matters pertaining to the Township Fire Department including officers, firefighters, disciplinary procedure, use of emergency and other equipment and other matters; and to repeal any ordinances or parts thereof inconsistent with this Ordinance. THE TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Scope, Purpose and Intent. This Ordinance is adopted under Public Act 33 of 1951, as amended, among other statutory authority. The purpose of this Ordinance is to codify the previous establishment of the Caledonia Township Fire Department and to establish the Caledonia Township Public Safety Advisory Committee and to provide for its jurisdiction and authority; to provide for the duties of the fire department and for the authority of the Township Board concerning the fire department and fire protection within the Township; and to provide other matters pertaining to Township fire protection and public safety. Section 2. Authority of Township Board. The Township Board retains final authority concerning the Township Fire Department, as provided by law and this Ordinance. In its discretion, the Township Board may delegate matters concerning fire protection and public safety to the Township Public Safety Advisory Committee. Section 3. Fire Department. The Caledonia Township Board hereby reestablishes and reorganizes the Caledonia Township Fire Department in accordance with this Ordinance. Section 4. Public Safety Advisory Committee. A. Public Safety Advisory Committee. The Caledonia Township Public Safety Advisory Committee (the Committee ), is hereby established. B. Membership. 1. The Committee shall consist of seven members, who shall be appointed by the Township Board, after recommendation of the Township Supervisor, for terms of three years each and until their successors are appointed. Committee members may be reappointed. The term of each member shall coincide with the calendar year. 2. The Committee shall consist of five members, who shall be appointed by the Township Board, after recommendation of the Township Supervisor, for terms of three years each, except that of the members first appointed after March 18, 1998, two shall serve for one Fire Department; Public Safety Advisory Committee Ordinance Revised 2002 Page 1

67 year, two- for two years and one for three years. The Township Fire Chief shall be an ex-officio member of the Committee. No regular member of the Committee shall be a member of the Township fire department. The members of the Committee shall serve without compensation but shall be entitled to actual and necessary expenses approved by the Township Board incurred in the performance of official duties. The Township Board shall fill any vacancy for the unexpired term. 3. The Township Fire Chief shall be an ex officio member of the Committee. No member of the Township Fire Department shall be eligible to serve on the Committee. Committee members shall serve without compensation, but shall be entitled to actual and necessary expenses approved by the Township Board and incurred in performance of their official duties. 4. A vacancy in any position on the Committee shall be filled by the Township Board, after recommendation by the Supervisor, for the unexpired term. C. Composition of Committee. Of the total membership of the Committee, three members shall be Township Board members and the remainder shall be other residents of the Township. The Township Supervisor shall serve as one of the Township Board members on the Committee. D. Duties and Responsibilities. 1. The Committee shall act as an advisory committee to the Township Board concerning the Township Fire Department, other Township fire protection matters and Township public safety matters, including law enforcement, emergency medical and rescue matters, disaster planning and coordination and other matters involving the protection of persons and property in the Township. 2. The Committee shall carry out such other duties as are assigned to it by the Township Board. 3. The Committee may carry out studies and investigations concerning fire department equipment, personnel, fire and rescue operations, equipment for emergency medical and rescue services, law enforcement services, disaster relief, capital expenditures, and future planning. 4. The Committee shall establish bylaws, rules and regulations for the operation of the fire department and the care of fire department equipment, subject to approval of the Township Board. 5. The Committee shall adopt bylaws for its operations and procedures, subject to approval of the Township Board. E. Officers of the Committee. Annually, the Committee shall elect from among its members a chairperson, a vice chairperson and a secretary. The chairperson shall preside at Committee meetings. In the absence of the Chairperson, the Vice Chairperson shall preside. The Secretary shall prepare and maintain minutes of all meetings. Copies of minutes shall be Fire Department; Public Safety Advisory Committee Ordinance Revised 2002 Page 2

68 given to the Township Clerk, for inclusion in Township files. Officers shall serve until their successors are elected. Officers shall be eligible for re-election. F. Meetings. The Committee shall meet as frequently as necessary for the effective discharge of its responsibilities. It shall also meet when requested by the Township Board, and shall respond in a reasonable time to requests by the Township Board concerning matters within the Committee s responsibilities. G. Liaison with Fire Chief. The Committee shall confer with the Township Fire Chief regarding the operations, personnel and equipment of the Fire Department, and for future planning for fire protection and emergency medical and rescue services in the Township. Section 5. Fire Department and Public Safety Budget. (a) A proposed budget for the Township Fire Department and for Township public safety services shall be prepared annually. The fire chief shall prepare a proposed fire department budget and submit it to the Committee. The Committee shall prepare a proposed public safety budget, covering matters of public safety other than services carried out by the Fire Department. (b) The Committee shall prepare a tentative budget covering the Fire Department and other Township public safety services and shall submit the budget to the Township Board each year, according to a schedule determined by the Township Board, in connection with preparation of the overall Township budget. (c) The tentative Fire Department and public safety budget shall be reviewed by the Township Board, and may be amended or altered in any manner by the Board, without other consultation with the Committee. The Board shall adopt a budget for the Fire Department and Township public safety services, as a part of the total Township budget annually. Section 6. Fire Chief. The Fire Chief shall be the chief administrative officer of the Fire Department. The duly appointed Fire Chief at the effective date of this Ordinance shall continue in that office, subject to the provisions of this Ordinance. The Township Board shall, as necessary, appoint a Fire Chief, upon recommendation of the Committee, for an indefinite term or defined term in the Board s discretion. In preparing its recommendation, the Committee shall invite and consider the comments and suggestions of the Township firefighters. The Fire Chief shall be accountable to the Township Board for the efficient and effective operation of the Fire Department and for the Fire Department s compliance with all state laws, township ordinances and policies. The Fire Chief shall serve at the pleasure of the Township Board. Section 7. responsibilities: Duties of Fire Chief. The Fire Chief shall have the following duties and (1) The Fire Chief shall recommend to the Committee the appointment of an Assistant Chief, Captains, and Lieutenants, pursuant to the bylaws. (2) The Fire Chief shall cooperate with the Committee to prepare proposed rules to increase the efficiency and effectiveness of the Fire Department. Such rules prepared by the Fire Fire Department; Public Safety Advisory Committee Ordinance Revised 2002 Page 3

69 Chief shall cover operations of the Department, care of equipment, assignment and scheduling of personnel, procedures at the scene of fires and other incidents, and other matters relating to the sound operation of the Fire Department. The Fire Chief, in concert with the Committee, shall also plan for the long-range needs of the Fire Department and shall assist the Township Board in this regard. Such long-range planning shall include capital expenditures, acquisition of equipment, the need for additional personnel and other matters. (3) The Fire Chief shall monitor and review all personnel and operating problems and shall report to the Committee on such problems that are of other than a minor nature. If requested, the Fire Chief shall prepare written reports to the Committee. The Committee shall submit such reports, or other reports of its own or of the Fire Chief, to the Township Board. The Fire Chief shall prepare an annual report to the Committee; the report shall also be submitted to the Township Board. (4) As needed, the Fire Chief shall notify the Committee and Township Board of major problems or issues that require Township Board action. (5) The Fire Chief shall hold regular Fire Department information and training meetings. (6) The Fire Chief may incur expenditures against the Fire Department budget as appropriated by the Township Board and may incur other expenditures in emergencies affecting the operations of the Fire Department. The Fire Chief shall monitor the unencumbered balances remaining in the Fire Department budget and shall make timely recommendations to the Township Board for budget amendments at such times as the need for such amendments becomes known. (7) The Fire Chief shall also be responsible for the following: (a) Supervising the extinguishment of all fires that endanger the health, safety and welfare of the Township. (b) Enforcing Township fire ordinances or fire prevention codes. (c) Ensuring that all personnel are trained and qualified for the duties that they are expected to fulfill. conducted. (d) Ensuring that fire inspection and community fire prevention programs are (e) Ensuring that all fire stations are properly maintained and that all Fire Department equipment is properly maintained and in good working order. (f) Ensuring that all Fire Department personnel comply with departmental and board rules, regulations and policies. (g) Ensuring that the Fire Department complies with all local, state, and federal laws related to the operation of the Fire Department. Fire Department; Public Safety Advisory Committee Ordinance Revised 2002 Page 4

70 Section 8. Fire Department Officers. (1) There shall be a chain of command established among the Fire Department officers in descending order of rank, from the Fire Chief to the Assistant Chief, to Captains, to Lieutenants, and to firefighters. Each rank shall obey the orders of their superior officers. Temporary officers may be appointed by the senior officer present at any emergency to ensure the continuity of the chain of command. Such temporary appointments shall terminate when the officer with the given responsibility becomes available. Each command officer shall be responsible for the carrying out of orders by subordinates. Officers shall be appointed by the Committee upon recommendation by the Fire Chief. (2) The Committee, in consultation with the Fire Chief, shall prepare a job description for each rank of the officers of the Fire Department, and submit such description to the Township Board for approval. Section 9. Firefighters. Paid on-call firefighters shall be employed in accordance with the following requirements: (1) Applicants for vacant firefighter positions shall be of good character and possess a good driving record. As necessary, qualified applicants shall be recommended by the members of the Fire Department for appointment by the Township Board as a probationary firefighter. An applicant not recommended by the Department may appeal for appointment directly to the Township Board. If an applicant is otherwise qualified for an available position, an offer of employment shall be conditioned upon satisfactory examination by a physician approved by the Fire Chief. The Physician s examination shall determine if the applicant can perform the essential functions associated with firefighting. (2) All firefighters shall serve an initial probationary period for a period of not less than six months, and until satisfactory completion of Firefighter I training, driver training (if required), and other required training. At the discretion of the Fire Chief, the probationary period may be extended for up to an additional six months. At the conclusion of the minimum probationary period, the Fire Chief may recommend that a probationary firefighter who has met all of the qualifications contained in the firefighter job description be employed as a firefighter by the Township Board. (3) A probationary firefighter shall be entitled to all compensation and benefits afforded to firefighters, but shall be restricted to performing only those duties for which he/she has been specifically trained. A probationary firefighter shall not be issued Fire Department insignia or badges. Use of emergency signal devices on the private vehicle of a probationary firefighter shall be at the Fire Chief s discretion. Section 10. Disciplinary Procedure. (1) Violations of any Township Fire Department ordinances, bylaws or rules relating to the Fire Department, or conviction of a felony shall subject any Fire Department personnel involved to disciplinary proceedings. A violation shall be documented by the Fire Chief upon good cause shown, or when a violation occurs in his presence. Fire Department; Public Safety Advisory Committee Ordinance Revised 2002 Page 5

71 (2) The Fire Chief shall provide a copy of a written disciplinary statement to an alleged violator. The written statement shall state the rule that was allegedly violated, the nature of any disciplinary actions to be taken, and the consequences of any further occurrence. Disciplinary action may range from a reprimand to suspension, demotion or dismissal, or a combination of any of the above, in the discretion of the Fire Chief, depending on: (a) (b) (c) (d) (e) Seriousness of the violation. Consequences to the safety of others by the violation. Potential harm to the Fire Department or the Township. Prior record of the individual. The nature of the act and related matters. (3) Within 30 days of written notification, any disciplinary action may be appealed to the Township Board, which shall affirm, deny, or modify the disciplinary action taken by the Fire Chief. The Township Board may, on their own initiative, bring charges against any Fire Department personnel. Disciplinary action initiated by the Township Board shall follow the above procedures, except that the responsibilities designated above to the Fire Chief shall be performed by the Township Board, which may, require the Fire Chief or Committee to investigate and report upon the matter. (4) Theft of Township property, or theft of any property at the scene of an emergency shall be cause for immediate dismissal. (5) Firefighters shall not respond to emergencies, meetings or training sessions while under the influence of alcohol or any controlled substance. Section 11. Emergency Medical and Rescue Services. The Fire Department is authorized to carry out emergency medical and rescue services in the Township and, on a mutual aid and assistance basis, in other municipalities. The Township may acquire vehicles, apparatus, equipment and supplies in order that the Fire Department may carry out such services. Personnel of the Fire Department are authorized to respond to medical and rescue emergencies. The Fire Chief shall institute and carry out an ongoing program for the training and certification of Fire Department personnel for such purposes. The duties of the Fire Chief set forth in this Ordinance shall extend as well to the emergency medical and rescue services of the Fire Department. Section 12. Compensation. Compensation to firefighters shall be in such amounts and shall be paid at such times as may be determined by the Township Board. The Township shall keep accurate records of all compensation paid to Fire Department personnel. The Fire Department shall keep accurate records that indicate the amount of compensable time served by all personnel, or that indicate such other information upon which compensation is based. Time records or other records upon which compensation may be based shall be submitted to the Township Board or its designee in the Township office for payment, in the same manner and upon the same schedule as is the case for other Township personnel, or upon such other schedule or basis as may be determined by the Township Board. Fire Department; Public Safety Advisory Committee Ordinance Revised 2002 Page 6

72 Section 13. Public Contact. (1) The Fire Chief, or his/her designee, may release facts regarding fires or other emergencies to the news media. All other personnel shall refer all media inquiries to the Fire Chief or the designee of the Fire Chief. (2) Members of the public shall be allowed in the Fire station only when accompanied by a member of the Fire Department, Township Board member or Deputy Township Board Officer. (3) The public shall always be treated courteously and professionally by all Fire Department personnel. Section 14. Emergency Responses. When responding to emergencies, all personnel shall drive emergency vehicles with appropriate concern for the safety of the public. Use of emergency signals on vehicles shall be considered a request for the right-of-way from other drivers. Use of emergency signal equipment shall be permitted only when the Fire Department has been officially dispatched to an emergency. Section 15. Fire Department Equipment. Required protective gear shall be worn when engaged in firefighting activities. Lost or damaged equipment shall be reported as soon as possible to an officer. Township property shall be disposed of only with the prior approval of the Township Board. All Fire Department issued equipment shall be returned to the Fire Chief by personnel leaving the Fire Department. Section 16. Use of Fire Station. (1) Only Township owned vehicles and equipment may be kept at the fire station. Fire Department equipment shall not be borrowed for private use, nor shall Fire Department premises be used for private purposes. (2) Private vehicles must be parked in designated areas only. (3) Alcohol and controlled substances shall not be brought into the fire station. Section 17. Mutual Aid. The Township Board may enter into agreements with other municipalities in order to provide for mutual aid and assistance between the Township Fire Department and the Fire Departments of such other municipalities, for the extinguishing of fires, providing emergency medical and rescue services and carrying out other cooperative fire protection activities including joint training activities and the like. Such agreements shall be in writing and shall be signed in behalf of the Township by the Township Supervisor. All such agreements currently in force are hereby reaffirmed. Section 18. Solicitation of Funds. (1) All fundraising activities carried out in the name of the Township Fire Department shall have the prior approval of the Committee, and all revenues solicited in the name of the Fire Department shall be deposited with the Township Treasurer. Such funds shall Fire Department; Public Safety Advisory Committee Ordinance Revised 2002 Page 7

73 be disbursed by the Township Board for Fire Department or fire protection purposes. The books of the Township Treasurer shall show such amounts. (2) Any fundraising activities on behalf of the Fire Department, yet not solicited in the name of the Township or the Fire Department, where such activities result in the receipt of funds exceeding $1,200 in any one year, shall be conducted by a tax-exempt organization that has been designated a Section 501(c)(3) charity, or other similar designation recognized by the U.S. Internal Revenue Service. Proof of such designation shall be filed with the Township Clerk. Section 19. Firefighters Association. The personnel of the Fire Department may incorporate a tax-exempt charitable organization to be known as Caledonia Firefighters Association or other designation approved by the Township Board. The purpose of the association shall be to provide for the improvement of the Fire Department and for the betterment of fire protection services in the Township. Proof of incorporation and a copy of the corporate bylaws shall be filed with the Township Clerk. The association may elect its own officers. Funds may be solicited in the name of the association, for Fire Department or fire protection purposes only. If at any time in a calendar year the funds of the association exceed $1,200, the financial records of the association for such year shall be audited or reviewed by a certified public accountant, at the expense of the association, and a copy of such audit or written report shall be submitted to the Township Board. Within 30 days after each calendar year, the association shall submit to the Township Board a letter or other written certification signed by its president, accurately stating whether the funds of the association exceeded $1,200 at any time during the calendar year. Such letter or certification shall also accurately state whether the association during the calendar year engaged in fundraising activates in behalf of the Fire Department which resulted in more than $1,200 being received by the association. Inasmuch as fundraising activities by the association will be for the purpose of obtaining funds to enhance fire protection services in the Township, such fundraising activities or methods shall always be in keeping with the importance and dignity of the Township and its government. Any such association shall not be deemed or treated as an association or other group for collective bargaining purposes. Section 20. Other Matters. Should any part of this Ordinance be declared unenforceable by any court of competent jurisdiction, the remainder of the ordinance shall nevertheless remain in full force and effect. All ordinances or parts of ordinances in conflict herewith are hereby repealed; and all bylaws or other regulations in conflict herewith are likewise repealed. This Ordinance shall become effective upon its publication or upon the publication of a summary of its provisions in a local newspaper of general circulation. Section 21. Public Safety Advisory Committee. In addition to its duties and responsibilities otherwise specified in this Ordinance, the Public Safety Advisory Committee shall have the following responsibilities: A. Evaluation of and planning for the providing of law enforcement services within the Township, including studies and recommendations on Township law enforcement millages and other funding for such purpose. The Committee may, if requested by the Township Board, Fire Department; Public Safety Advisory Committee Ordinance Revised 2002 Page 8

74 serve as liaison between the Township and the Kent County Sheriff s Department, with regard to law enforcement services in the Township. B. Evaluation of and planning for disaster relief in the Township. If requested by the Township Board, the Committee may serve as liaison with federal, state and county disaster relief agencies. C. Evaluation of and planning for emergency medical and rescue services in the Township and, as stated elsewhere in this Ordinance, fire protection services and fire prevention planning. D. Such other duties and activities as may be assigned to it by the Township Board with respect to advancing public safety and property protection in the Township. Fire Department; Public Safety Advisory Committee Ordinance Revised 2002 Page 9

75 ANIMAL CONTROL ORDINANCE (Ord. No. 93-1, amended by Ord. No ) AN ORDINANCE to establish regulations for the custody and control of dogs and other animals; to prohibit the running at large and otherwise to regulate the control of vicious animals; to protect the public safety and promote the public welfare by regulating such matters; and to provide penalties for the violation thereof. THE TOWNSHIP OF CALEDONIA ORDAINS: Section 1. General Provisions. (a) This Ordinance shall be known and may be cited as the Charter Township of Caledonia Animal Control Ordinance. (b) The Township Board finds and determines that the ownership of a dog or other animal referred to in this Ordinance is a privilege which carries with it responsibility to the Township and to the residents thereof with regard to the care, custody and control of such dog or other animal. It is the intent of this Ordinance to protect the people of the Township from annoyance, nuisance, harm and injury caused by unrestrained or annoying dogs or other animals. Section 2. Dogs. (a) Licenses. All dogs over the age of six months within the Township shall at all times be currently licensed in accordance with the requirements of the laws of the State of Michigan and of the Kent County Animal Control Ordinance. A license tag issued by the County of Kent shall be securely affixed to a collar, harness or other restraining device which shall be worn by every such dog at all times, unless the dog is within the confines of the residence of the owner or within a dog run or other secure enclosure on the owner s premises. (b) Limit on Number of Dogs. No person shall have within his or her care, custody or control within the Township more than three dogs, other than dogs under six months of age born to a female under the care, custody or control of such person, provided, however, that this provision shall not be construed to require any person to dispose of any licensed dog owned by such person at the date this Ordinance becomes effective. This limit on the number of dogs shall not apply, however, to persons who may lawfully own or operate kennels under existing township ordinance provisions, if the kennel complies with such ordinances, the laws of the State and all applicable Kent County ordinances and regulations. (c) Barking Dogs. No person owning or having charge, care, custody or control of a dog shall permit such dog at any time, by loud or frequent or habitual barking, yelping or howling, to cause annoyance to other persons in the neighborhood or vicinity, or to persons using the public walks, streets or other public areas of the neighborhood or vicinity. (d) Dogs Running at Large. No person owning or having charge, care, custody or control of any dog shall cause, permit or allow such dog to run at large or to be upon Animal Control Ordinance Revised 1994 Page 1

76 any highway, street, lane, alley, court or other public place, or upon any private property or premises other than those of the person owning or having charge, care, custody or control of such dog, within the Township, unless such dog is restrained by a substantial chain or leash not exceeding six feet in length and is in the charge, care, custody or control of a person who has the ability to restrain the dog. (e) Female Dogs in Heat. No person owning or having charge, care, custody or control of an unspayed female dog shall permit such dog to be or to run at large at any time when such dog is in heat, unless the dog is restrained as provided in subparagraph (d) above, at all times other than when the dog is within the confines of the residence of the owner or of a dog run or other secure enclosure on the owner s premises. Section 3. Vicious Animals. (a) Control of Vicious Animals. A vicious animal shall at all times be securely muzzled and led by a leash, when it is not securely confined within a building, a fenced area or other secure enclosure. Any animal shall be deemed vicious when (1) it has bitten a person or domestic animal or (2) when by its actions it gives indication that it is likely to bite any person or domestic animal. For purposes of this section, an animal shall include a dog, cat, bird, reptile or any wild animal. Section 4. Enforcement. Upon a complaint that any vicious animal has attacked or bitten a person or domestic animal or that any vicious animal by its actions give indications that it is likely to bite any person or domestic animal, the Township may commence an action in the appropriate court for all relief permitted by law, including an order directing that such vicious animal shall be confined or destroyed. Such order may include a directive that the director of animal control of Kent County shall cause such vicious animal to be destroyed or take such other action relating to the control of such vicious animal as the court shall determine to be appropriate. These provisions with regard to action by the Township shall be construed to be in addition to those otherwise available under the animal control regulations of Kent County and applicable provisions of the laws of the State of Michigan. (a) Civil Liability. No provision of this Ordinance shall be construed as limiting the liability of the owner of a vicious animal for harm caused or damages committed by it. (b) Penalty. Any person who shall violate an order to confine a vicious animal pursuant to the provisions of this section or who shall, on demand, refuse to surrender any vicious animal to avoid the destruction thereof pursuant to a lawful order of a court, shall be guilty of a misdemeanor punishable by fine or imprisonment specified in this Ordinance. Section 5. Kennels. (a) Kennel License. Each person having a kennel shall have a valid kennel license issued by the County of Kent. Each kennel shall comply with all applicable provisions of the Kent County Animal Control Ordinance and other applicable county regulations. Animal Control Ordinance Revised 1994 Page 2

77 (b) Township Regulations. In addition, each person having a kennel shall at all times comply with the applicable provisions of the Township Zoning Ordinance. Section 6. Penalties. Any person violating Section 3(a) or Section 4(d) of this Ordinance shall be guilty of a misdemeanor, punishable by a fine not exceeding $500 or by imprisonment for a period not exceeding 90 days, or both such fine and imprisonment. Any violation of any other provision of this Ordinance is a municipal civil infraction, for which the fine shall be not less than $100 nor more than $500 for the first offense and not less than $200 nor more than $2,500 for subsequent offenses, in the discretion of the Court, and in addition to all other costs, damages, and expenses provided by law. For purposes of this section, subsequent offense means a violation of this Ordinance committed by the same person within 90 days of a previous violation of the ordinance for which said person admitted responsibility or was adjudicated to be responsible. Section 7. Other Matters. (a) The provisions of this Ordinance shall be in addition to any provision covering the same or similar subject matter set forth in the Township of Caledonia Zoning Ordinance. (b) This Ordinance shall become effective upon its publication or upon the publication of a summary of its provisions in a local newspaper of general circulation. Animal Control Ordinance Revised 1994 Page 3

78 CONSUMERS POWER FRANCHISE ORDINANCE (Ord. No. 93-2) AN ORDINANCE granting to Consumers Power Company, its successors and assigns, the right, power and authority to lay, maintain and operate gas mains, pipes and services on, along, across and under the highways, streets, alleys, bridges and other public places, and to do a local gas business in the Charter Township of Caledonia, Kent Count, Michigan for a period of thirty years. THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Grant Term. The Charter Township of Caledonia, Kent County, Michigan, hereby grants to the Consumers Power Company, a Michigan corporation, its successors and assigns, hereinafter called the Grantee, the right, power and authority to lay, maintain and operate gas mains, pipes and services on, along, across and under the highways, streets, alleys, bridges and other public places, and to do a local gas business in the Charter Township of Caledonia, Kent County, Michigan for a period of thirty years. Section 2. Consideration. In consideration of the rights, power and authority hereby granted, said Grantee shall faithfully perform all things required by the terms hereof. Section 3. Conditions. No highway, street, alley, bridge or other public place used by said Grantee shall be obstructed longer than necessary during the work of construction or repair, and shall be restored to the same order and condition as when said work was commenced. All of Grantee s pipes and mains shall be so placed in the highways and other public places as not to unnecessarily interfere with the use thereof for highway purposes. Section 4. Hold Harmless. Said Grantee shall at all times keep and save the Charter Township free and harmless from all loss, damages, costs and expenses to which it may be subject by reason of or arising out of the careless, illegal or negligent construction, operation and maintenance of the structures and equipment hereby authorized. In case any action is commenced against the Charter Township on account of the permission herein given or the rights and privileges herein granted, whether in whole or in part, said Grantee shall, upon notice by the Township or its authorized representative, defend the Charter Township and save it free and harmless from all loss, damages, costs and expenses arising out of said permission, rights or privileges hereunder. Section 5. Extensions. Said Grantee shall construct and extend its gas distribution system within said Charter Township, and shall furnish gas to applicants residing therein in accordance with applicable laws, rules and regulations. Section 6. Franchise Not Exclusive. The rights, power and authority herein granted, are not exclusive. Either manufactured or natural gas may be furnished hereunder. Section 7. Rates. Said Grantee shall be entitled to charge the inhabitants of said Charter Township for gas furnished therein, the rates for such service as approved by the Michigan Public Service Commission. The Charter Township grants to the Commission or its Consumers Power Franchise Ordinance Adopted 1993 Page 1

79 successors the authority and jurisdiction to fix and regulate gas rates and rules regulating the furnishing of gas by the Grantee in the Charter Township, for the term of franchise granted by this Ordinance. Such gas rates and rules regulating such service shall be subject to review and change at any time upon petition therefore being made, by either the Charter Township, acting by its Township Board, or by said Grantee. Section 8. Revocation. The franchise granted by this Ordinance is subject to revocation upon 60 days written notice by the party desiring such revocation. Section 9. Repeal. The Charter Township of Caledonia Ordinance adopted July 17, 1963, and confirmed at a special Township election on September 4, 1963, granting a gas service franchise to Consumers Power Company, is hereby repealed, as of the effective date of this Ordinance. Section 10. Effective Date. This Ordinance shall take effect upon the day after the date of publication thereof, provided however, it shall cease and be of no effect after 30 days from its adoption unless within said period the grantee shall accept the same in writing filed with the Township Clerk. Consumers Power Franchise Ordinance Adopted 1993 Page 2

80 BASIC CABLE TV RATE ORDINANCE (Ord. No. 93-3) AN ORDINANCE to adopt regulations and procedures for basic cable television regulation. THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Definitions. For purposes of this Ordinance, Act shall mean the Communications Act of 1934, as amended (and specifically as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L ), and as may be amended from time to time; FCC shall mean the Federal Communications Commission; FCC Rules shall mean all rules of the FCC promulgated from time to time pursuant to the Act; basic cable service shall mean basic service as defined in the FCC Rules, and any other cable television service which is subject to rate regulation by the Township pursuant to the Act and the FCC Rules; associated equipment shall mean all equipment and services subject to regulation pursuant to 47 CFR ; and an increase in rates shall mean an increase in rates or a decrease in programming or customer services as provided in the FCC Rules. All other words and phrases used in this Ordinance shall have the same meaning as defined in the Act and FCC Rules. Section 2. Purpose; Interpretation. The purpose of this Ordinance is to: 1) adopt regulations consistent with the Act and the FCC Rules with respect to basic cable service rate regulation, and 2) prescribe procedures to provide a reasonable opportunity for consideration of the views of interested parties in connection with basic cable service rate regulation by the Township. This Ordinance shall be implemented and interpreted consistent with the Act and FCC Rules. Section 3. Rate Regulations Promulgated by FCC. In connection with the regulation of rates for basic cable service and associated equipment, the Charter Township of Caledonia shall follow all FCC Rules. Section 4. Filing; Additional Information; Burden of Proof. (a) A cable operator shall submit its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates in accordance with the Act and the FCC Rules. The cable operator shall include as part of its submission such information as is necessary to show that its schedule of rates or its proposed increase in rates complies with the Act and the FCC Rules. The cable operator shall file ten copies of the schedule or proposed increase with the Township Clerk. For purposes of this Ordinance, the filing of the cable operator shall be deemed to have been made when at least ten copies have been received by the Township Clerk. The Township Board may, by resolution or otherwise, adopt rules and regulations as allowed by law prescribing the information, data and calculations which must be included as part of the cable operator s filing of the schedule of rates or a proposed increase. (b) In addition to information and data required by rules and regulations of the Township pursuant to Section 4(a) above, a cable operator shall provide all information Basic Cable TV Rate Ordinance Adopted 1993 Page 1

81 requested by the Supervisor that is related and helpful in connection with the Township s review and regulation of existing rates for the basic service tier and associated equipment or a proposed increase in these rates. The Supervisor may establish reasonable deadlines for submission of the requested information and the cable operator shall comply with such deadlines. (c) A cable operator has the burden of proving that its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates complies with the Act and the FCC Rules including, without limitation, 47 USC 543 and 47 CFR and Section 5. Proprietary Information. (a) If this Ordinance, any rules or regulations adopted by the Township pursuant to Section 4(a), or any request for information pursuant to Section 4(b) requires the production of proprietary information, the cable operator shall produce the information. However, at the time the allegedly proprietary information is submitted, a cable operator may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure. The request must state the reason why the information should be treated as proprietary and the facts that support those reasons. The request for confidentiality will be granted if the Township determines that the preponderance of the evidence shows that nondisclosure is consistent with the provisions of the Freedom of Information Act, 5 U.S.C The Township shall place in a public file for inspection any decision that results in information being withheld. If the cable operator requests confidentiality and the request is denied, (1) where the cable operator is proposing a rate increase, it may withdraw the proposal, in which case the allegedly proprietary information will be returned to it; or (2) the cable operator may seek review within five working days of the denial in any appropriate forum. Release of the information will be stayed pending review. (b) Any interested party may file a request to inspect material withheld as proprietary with the Township. The Township shall weigh the policy considerations favoring non-disclosure against the reasons cited for permitting inspection in light of the facts of the particular case. It will then promptly notify the requesting entity and the cable operator that submitted the information as to the disposition of the request. It may grant, deny or condition a request. The requesting party or the cable operator may seek review of the decision by filing an appeal with any appropriate forum. Disclosure will be stayed pending resolution of any appeal. (c) The procedures set forth in this section shall be construed as analogous to and consistent with the rules of the FCC regarding requests for confidentiality including, without limitation, 47 CFR Section 6. Public Notice; Initial Review of Rates. Upon the filing of ten copies of the schedule of rates or the proposed increase in rates pursuant to Section 4(a) above, the Township Clerk shall publish a public notice in a newspaper of general circulation in the Township which shall state that: 1) the filing has been received by the Township Clerk and (except those parts which may be withheld as proprietary) is available for public inspection and copying, and 2) interested parties are encouraged to submit written comments on the filing to the Township Clerk not later than seven days after the public notice is published. The Township Clerk shall give notice to the cable operator of the date, time, and place of the meeting at which Basic Cable TV Rate Ordinance Adopted 1993 Page 2

82 the Township Board shall first consider the schedule of rates or the proposed increase. This notice shall be mailed by first-class mail at least three days before the meeting. In addition, if a written staff or consultant s report on the schedule of rates or the proposed increase is prepared for consideration of the Township Board, then the Township Clerk shall mail a copy of the report by first-class mail to the cable operator at least three days before the meeting at which the Township Board shall first consider the schedule of rates or the proposed increase. Section 7. Tolling Order. After a cable operator has filed its existing schedule of rates or a proposed increase in these rates, the existing schedule of rates will remain in effect or the proposed increase in rates will become effective after 30 days from the date of filing under Section 4(a) above unless the Township Board (or other properly authorized body or official) tolls the 30-day deadline pursuant to 47 CFR by issuing a brief written order, by resolution or otherwise, within 30 days of the date of filing. The Township Board may toll the 30 day deadline for an additional 90 days in cases not involving cost-of-service showings and for an additional 150 days in cases involving cost-of-service showings. Section 8. Public Notice; Hearing on Basic Cable Service Rates Following. If written order has been issued pursuant to Section 7 and 47 CSR Tollin of 30-Day Deadline. If a written order has been issued pursuant to Section 7 and 47 CFR to toll the effective date of existing rates for the basic service tier and associated equipment or a proposed increase in these rates, the cable operator shall submit to the Township any additional information required or requested pursuant to Section 4 of this Ordinance. In addition, the Township Board shall hold a public hearing to consider the comments of interested parties within the additional 90 day or 150 day period, as the case may be. The Township Clerk shall publish a public notice of the public hearing in a newspaper of general circulation within the Township which shall state: 1) the date, time, and place at which the hearing shall be held, 2) interested parties may appear in person, by agent, or by letter at such hearing to submit comments on or objections to the existing rates or the proposed increase in rates, and 3) copies of the schedule of rates or the proposed increase in rates and related information (except those parts which may be withheld as proprietary) are available for inspection or copying from the office of the Clerk. The public notice shall be published not less than 15 days before the hearing. In addition, the Township Clerk shall mail by first-class mail a copy of the public notice to the cable operator not less than 15 days before the hearing. Section 9. Staff or Consultant Report: Written Response. Following the public hearing, the Supervisor shall cause a report to be prepared for the Township Board which shall (based on the filing of the cable operator, the comments or objections of interested parties, information requested from the cable operator and its response, staff or consultant s review, and other appropriate information) include a recommendation for the decision of the Township Board pursuant to Section 10. The Township Clerk shall mail a copy of the report to the cable operator by first-class mail not less than 20 days before the Township Board acts under Section 10. The cable operator may file a written response to the report with the Township Clerk. If at least ten copies of the response are filed by the cable operator with the Township Clerk within ten days after the report is mailed to the cable operator, the Township Clerk shall forward it to the Township Board. Basic Cable TV Rate Ordinance Adopted 1993 Page 3

83 Section 10. Rate Decisions and Orders. The Township Board shall issue a written order, by resolution or otherwise, which in whole or in part, approves the existing rates for basic cable service and associated equipment or a proposed increase in such rates, denies the existing rates or proposed increase, orders a rate reduction, prescribes a reasonable rate, allows the existing rates or proposed increase to become effective subject to refund, or orders other appropriate relief, in accordance with the FCC Rules. If the Township Board issues an order allowing the existing rates or proposed increase to become effective subject to refund, it shall also direct the cable operator to maintain an accounting pursuant to 47 CFR The order specified in this Section shall be issued within 90 days of the tolling order under Section 7 in all cases not involving a cost-of-service showing. The order shall be issued within 150 days after the tolling order under Section 7 in all cases involving a cost-of-service showing. Section 11. Refunds; Notice. The Township Board may order a refund to subscribers as provided in 47 CFR Before the Township Board orders any refund to subscribers, the Township Clerk shall give at least seven days written notice to the cable operator by firstclass mail of the date, time, and place at which the Township Board shall consider issuing a refund order and shall provide an opportunity for the cable operator to comment. The cable operator may appear in person, by agent, or by letter at such time for the purpose of submitting comments to the Township Board. Section 12. Written Decisions; Public Notice. Any order of the Township Board pursuant to Section 10 or Section 11 shall be in writing, shall be effective upon adoption by the Township Board, and shall be deemed released to the public upon adoption. The Clerk shall publish a public notice of any such written order in a newspaper of general circulation within the Township which shall: 1) summarize the written decision, and 2) state that copies of the text of the written decision are available for inspection or copying from the office of the Clerk. In addition, the Township Clerk shall mail a copy of the text of the written decision to the cable operator by first-class mail. Section 13. Rules and Regulations. In addition to rules promulgated pursuant to Section 4, the Township Board may, by resolution or otherwise, adopt rules and regulations for basic cable service rate regulation proceedings (including, without limitation, the conduct of hearings), consistent with the Act and the FCC Rules. Section 14. Failure to Give Notice. The failure of the Township Clerk to give the notices or to mail copies of reports as required by this Ordinance shall not invalidate the decisions or proceedings of the Township Board so long as there is substantial compliance with this Ordinance. Section 15. Additional Hearings. In addition to the requirements of this Ordinance, the Township Board may, in its sole discretion, hold additional public hearings upon such reasonable notice as the Township Board shall prescribe. Section 16. Additional Powers. The Township shall possess all powers conferred by the Act, the FCC Rules, the cable operator s franchise, and all other applicable law. The powers exercised pursuant to the Act, the FCC Rules, and this Ordinance shall be in addition to powers conferred by law or otherwise. The Township may take any action not prohibited by the Act and Basic Cable TV Rate Ordinance Adopted 1993 Page 4

84 the FCC Rules to protect the public interest in connection with basic cable service rate regulation. Section 17. Failure to Comply: Remedies. The Township may pursue any and all legal and equitable remedies against the cable operator (including, without limitation, all remedies provided under a cable operator s franchise with the Township) for failure to comply with the Act, the FCC Rules, any orders or determinations of the Township pursuant to this Ordinance, any requirements of this Ordinance, or any rules or regulations promulgated hereunder. Subject to applicable law, failure to comply with the Act, the FCC Rules, any orders or determinations of the Township pursuant to this Ordinance, any requirements of this Ordinance, or any rules and regulations promulgated hereunder, shall also be sufficient grounds for revocation or denial of renewal of a cable operator s franchise. Section 18. Severability. The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby. Section 19. Conflicting Provisions. In the event of any conflict between this Ordinance and the provisions of any prior ordinance or any franchise, permit, consent agreement or other agreement with a cable operator, then the provisions of this Ordinance shall control. Section 20. Effective Date. This Ordinance shall take effect one day after its publication in a newspaper of general circulation in the Charter Township of Caledonia. Basic Cable TV Rate Ordinance Adopted 1993 Page 5

85 SUBDIVISION CONTROL ORDINANCE (Ord. No. 94-2, amended by Ord. Nos and 94-19) AN ORDINANCE to adopt the Charter Township of Caledonia Land Division Control Ordinance and to provide penalties for the violation thereof. THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Article I General Section 1.1 Purpose. The purpose of this Ordinance is to regulate and control the subdivision of land within the Township to promote the safety, public health, and general welfare of the Township. Among other purposes, this Ordinance is intended to provide procedures for the review of subdivisions by the Township pursuant to the Subdivision Control Act of 1967, Public Act 288 of 1967, as amended ( Act 288 ), and to provide standards for the proper and orderly subdivision of land and the provision of adequate and essential public improvements and utilities. Section 1.2 Scope and Conflict. The provisions of this Ordinance apply to all subdivisions of land within the Township. Where this Ordinance provides a standard stricter than that required by Act 288, this Ordinance shall control. Section 1.3 Fee Schedule. Any person filing a plat pursuant hereto shall pay such fees as may be set from time to time by resolution of the Township Board, and until the fee is paid the plat shall not be considered or reviewed. Section 1.4 Definitions. (1) General. All terms in this Ordinance not defined in this section shall have the meanings and definitions given by Act 288. (2) Arterial Street. A street of considerable continuity which is used or may be used primarily for faster heavy traffic. (3) Collector Street. A street used to carry traffic from Local Streets to Arterial Streets, including principal entrance streets to large residential developments. (4) Local Street. A street which is intended primarily for access to abutting properties. (5) Marginal Access Street. A Local Street which is parallel and adjacent to Arterial Streets and which provides access to abutting properties and protection from through traffic, but not carrying through traffic. Subdivision Control Ordinance Revised 1994 Page 1

86 Article II Preliminary Plat Application and Review Procedures Section 2.1 Preapplication Review. The proprietor may request an optional preapplication review to review the general proposed design of the subdivision prior to preparing formal plans seeking tentative approval of the preliminary plat. Any proprietor desiring a preapplication review shall submit to the Township Clerk a narrative or sketch showing the general layout of the subdivision and the proposed provisions for utilities, streets, drainage, and public areas. The Planning Commission shall appoint a subcommittee or designate the Township Planner to meet with the proprietor to review and discuss the proposed subdivision design and the timetable for official subdivision review, and to make suggestions for improvements in design of the subdivision. Section 1. Section 2.2 Submission of Preliminary Plats. Whenever any subdivision of land shall hereafter be laid out in the Township, the Proprietor thereof or his or her agent shall first submit eight copies of a preliminary plat and supplementary information to the Township Clerk. Such plats and all supplementary materials and procedures relating thereto shall, in all respects, be in full compliance with the provisions of this Chapter and Act 288. The Township Clerk shall refer the preliminary plats to the Township of Caledonia Planning Commission (the Planning Commission ). Section 2.3 Preliminary Plat; Required Information. The preliminary plat of a subdivision and supplementary information shall contain the information described below. Maps shall be drawn to show clearly all information, including date and north point, at a scale of not more than 200 feet to one inch. (1) The name of the proposed subdivision. (2) Legal description of the area to be platted. (3) Name, address and telephone number of the proprietor, subdivider, surveyor and/or engineer who prepared the preliminary plat. (4) The name of abutting subdivisions, if any. (5) Statement of intended use of the proposed plat, such as: residential single family, two family and multiple housing; commercial; industrial; or recreation. (6) Proposed sites, if any, for multi-family dwellings, shopping centers, churches, industry, and other non-public uses, exclusive of single family dwellings, as well as any sites proposed for parks, playgrounds, schools or other public uses. (7) A map of the entire area scheduled for development if the proposed plat is a portion of a larger holding intended for subsequent development. area. (8) A location map showing the relationship of the proposed plat to the surrounding Subdivision Control Ordinance Revised 1994 Page 2

87 (9) The land use and existing zoning of the proposed subdivision and adjacent tracts including identification of zoning district, lot size and yard requirements as well as proof of any variances or special exceptions which may have been granted. (10) Streets, street names, right-of-way and roadway widths including features such as adjoining plats, streets, streams, railroads, utilities, cemeteries, parks, county drains, or any other features which may influence the street layout or lot orientation. (11) Lot lines and dimensions to the nearest foot and the total number of lots by block. The subdivider shall also submit a table listing the proposed lots by number, the respective lot area for each lot, the area of the smallest lot, and the average lot area. (12) Contours at five-foot intervals or less shall be shown where the slope is greater than 10 percent and at two-foot intervals where the slope is 10 percent or less. The direction of drainage shall also be shown. (13) Existing storm and sanitary sewers and water mains, and a statement indicating the method or methods by which drainage, sewage disposal, and water supply will be provided. (14) Proposed protective covenants and deed restrictions, or a written statement that none are proposed. (15) Utility easements, showing location, width, and purpose. (16) Building setback lines showing the dimensions from all streets. (17) North arrow, scale, and date. (18) When any part of the subdivision lies within or abuts floodplain area, the floodplain, as established by the state department of natural resources, shall be shown within a contour line, and shall be clearly labeled on the plat with the words floodplain area. Section 2.4 Preliminary Plat Tentative Approval Procedure. (1) After a preliminary plat has been referred to the Township Planning Commission, as stated in Section 2.2, the Planning Commission shall consider the preliminary plat and make a recommendation to the Township Board as to whether the preliminary plat shall or shall not be approved. The preliminary plat, together with minutes showing the action of the Planning Commission thereon, shall then be referred to the Township Board. (2) The Township Board shall approve or disapprove the preliminary plat not later than 90 days after the preliminary plat is first submitted by the proprietor. If the plat is approved, the resolution so indicating shall state also the nature and character of the improvements that will be required to be made by the Proprietor, based upon the recommendations of the Planning Commission. The resolution shall also state the times at which the respective improvements must be completed, and shall contain any conditions relating thereto. If the plan is not approved, the Township Board shall set forth in writing its reasons for rejection and requirements for tentative Subdivision Control Ordinance Revised 1994 Page 3

88 approval. The Township Board shall record its approval or disapproval on the plat and return one copy to the Proprietor. (3) Tentative approval under this section shall confer upon the Proprietor, for a period of one year, approval of lot sizes, lot orientation and street layout. Such tentative approval may be extended by resolution of the Township Board. (4) No work shall be done by the Proprietor on any land offered or to be offered for dedication until the Township Board shall have adopted said resolution granting tentative approval of the preliminary plat and determining the nature and character of the work and improvements to be required. (5) Improvements constructed pursuant to the requirements of the Township Board must be made in accordance with the specifications approved by the Planning Commission, as modified by the Township Board. Section 2.5 Preliminary Plat Final Approval Procedure. (1) Final approval of the preliminary plat under this section shall confer upon the Proprietor for a period of two years from the date of approval, the rights granted under Act 288. The two year final approval period may be extended if applied for by the Proprietor and granted by the Township Board in writing. (2) Following tentative plat approval from the Township Board, the Proprietor shall: by Act 288. (a) Submit the preliminary plat to all other reviewing authorities as required (b) Submit a list of all such authorities to Township Clerk, certifying that the list shows all approving authorities as required by Act 288. (c) Submit all approvals to the Township Clerk after they have been secured. The materials shall be submitted not less than 20 days prior to the next regular meeting of the Township Board. For any plat submitted thereafter, the applicant shall pay an additional fee established by resolution for the cost of calling a special meeting to comply with Section 120 of Act 288, unless the Proprietor waives compliance with Section 120. (3) Following a determination that all required approvals have been secured, the Clerk shall forward the approved copies of the preliminary plat together with all communications from the reviewing agencies to the Township Board as soon as possible prior to the next regularly scheduled meeting. (4) The Township Board, at its next regular meeting or at a special meeting within 20 days after submission, whichever is later, shall: (a) Consider and review the preliminary plat and approve it if the Proprietor has met all conditions laid down for approval of the preliminary plat. Subdivision Control Ordinance Revised 1994 Page 4

89 (b) rejection in writing. Instruct the Township Clerk to notify the Proprietor of approval or Article III Final Plat Application and Review Procedure Section 3.1 Requirements. (1) Final plats shall be prepared and submitted as provided in Act 288. plats. (2) A written application for approval and the recording fee shall accompany all final (3) The Proprietor shall submit proof of ownership of the land included in the final plat in the form of an abstract of title certified to the date of the proprietor s certificate, or an effective policy of title insurance. (4) The Township of Caledonia may require such other information as it deems necessary to establish whether the proper parties have signed the plat. Section 3.2 Procedure, Final Plat. (1) The final plat shall be submitted not less than 20 days prior to the next regular meeting of the Township Board. For any plat submitted thereafter, the applicant shall pay an additional fee established by resolution for the cost of calling a special meeting to comply with Section 167 of Act 288, unless the Proprietor waives compliance with Section 167. (2) The Township Board shall examine the final plat at its next regular meeting or at a special meeting held with-in 20 days after submission of the plat, whichever is later. (3) The Township Board shall approve the plat or disapprove it. Section 3.3 Improvements and Facilities Required by the Township of Caledonia. (1) Before final approval of a plat, the Township Board may require completion of all required improvements relative to streets, alleys and roads, or may require a deposit by the proprietor with the Township Clerk in the form of cash, certified check, irrevocable bank letter of credit, or a surety bond acceptable to the Township Board in an amount sufficient to insure completion of the improvements. The Township Board shall rebate to the proprietor, as the work progresses, amounts of any cash deposits equal to the ratio of the work completed to the entire project. (2) Monuments shall be set in accordance with Act 288 and the rules of the State Department of Treasury. (3) Upon completion of all required improvements, one complete copy of as-built engineering plans for all required public improvements and utilities shall be filed with the Township Clerk coincident with the submission of the final plat. Subdivision Control Ordinance Revised 1994 Page 5

90 Section 3.4 Certificates on Final Plat. On all final plats presented to the Township Board for approval, there shall be provided proper certificates for the Township Clerk to certify the approval of the plat by the Township Board, and the acceptance on behalf of the public of all dedications shown thereon. Article IV Improvements and Regulations Section 4.1 General. The following standards shall apply to all subdivisions within the Charter Township of Caledonia. Section 4.2 Lot Layout. (1) All lots shall face upon, and have direct access to, a public street. (2) The side lines of lots shall be approximately at right angles or radial to the street upon which the lots face. (3) All lots shall conform to the requirements of the zoning ordinance for the zone in which the plat is located. If public water and sewer are available, the provisions of the Township Zoning Ordinance shall nevertheless override Section 186 of Act 288. (4) Corner lots for residential use shall have the minimum required frontage on both streets adjacent to the lot. (5) The maximum depth of a lot shall not be more than three times the length of its frontage. (6) No plat shall be isolated from nor isolate other lands from existing public streets, unless suitable access is provided. (7) Each block shall have at least two sides which are at least 500 feet in length, measured from center of street to center of street. No side of any block, however, shall be less than 250 feet or more than 1,000 feet in length. (8) A block shall be designed to provide two tiers of lots, except in those cases where lots back onto an Arterial Street, natural feature, or subdivision boundary. (9) No lot shall extend through a block and have frontage on two Local Streets. (10) Alleys are not permitted in residential subdivisions. (11) Where practicable, lots shall be configured and laid out so that the rear yard, rather than the front yard or side yards, is nearest such features as expressways, shopping centers or industrial properties, if any. Any lots that are adjacent to such features shall contain a landscape easement along the rear line thereof at least 20 feet in width, in addition to other required yards or setbacks. Subdivision Control Ordinance Revised 1994 Page 6

91 Section 4.3 Street Names. No plat shall contain a street or road name duplicating one already in use in the Township, or which is so similar to a name already in existence that it may be confusing. The naming of streets is subject to Township Ordinance Section 4.4 Usable Land. All land shall be platted such that it is usable for building lots or required improvements. Land may be platted for common or public areas if adequate provision is made for continued maintenance of such areas. For areas under the control of a subdivision property owners association or similar organization, the Township may require a recorded agreement whereby the Township may maintain the area and charge the cost thereof as a lien against all properties in the subdivision if the association fails to adequately maintain the area. Section 4.5 Dedication. Streets shall be dedicated to the public. Section 4.6 Public Street Design and Construction Standards. Streets shall satisfy the following standards: (1) The subdivision layout shall conform to the major road and thoroughfare plan and the master plan of the Township. (2) All proposed streets shall be continuous and in alignment with existing, planned or platted streets insofar as practicable. Streets in new subdivisions shall be at least as wide as existing streets so continued or projected. (3) A sufficient number of streets in the said division shall extend to the boundary of the subdivision to provide the proper access to adjoining property and to future development on contiguous land. (4) New platted streets shall have a minimum right-of-way of 66 feet in residential plats and 86 feet in commercial or industrial plats. Cul-de-sac or dead end turn around right-ofways shall be 60 feet minimum radius in residential plats and 75 feet minimum radius in commercial-industrial plats. (5) Dead end streets and streets terminating in a cul-de-sac shall not exceed 800 feet in length. (6) Intersections of the streets shall be at an angle of 90 degrees, or as close to such an angle as possible, but in no case less than 10 degrees from perpendicular. (7) Streets and cul-de-sacs in residential plats shall conform to the minimum requirements shown on the Kent County Road Commission Standards Sections 30 Bituminous Aggregate Valley Gutter, or 27 Bituminous Aggregate with 24 Concrete Valley Gutter, and Residential Cul-de-Sac found in Requirements and Specifications for Plat Development issued by the Board of County Road Commissioners of the County of Kent. (8) Streets and cul-de-sacs in commercial-industrial plats shall conform to the minimum requirements shown on the Kent County Road Commission s Standard Section for Industrial and Commercial Streets and Commercial Cul-de-sac. Any street with design Subdivision Control Ordinance Revised 1994 Page 7

92 volumes of 5,000 average trips per day or more shall conform to the Standard Section for Industrial and Commercial Streets, for ADT Volumes of 5,000 or more found in Requirements and Specifications for Plat Development issued by the Kent County Road Commission. (9) Block corners shall be cut off or rounded. (10) Minimum street grades shall be 0.6%, and maximum grades shall be 6.0%. (11) Permanent cul-de-sacs shall be constructed on a sufficient grade to insure a minimum 0.6% grade along the flowline of the gutter while maintaining approximately.02 per foot crown. The grade on a permanent or temporary cul-de-sac shall not exceed +3% in the direction away from the cul-de-sac, for a distance of 100 from its center. (12) For T intersections, the terminated street shall have a grade between -0.6% and 2.0% in the direction away from the through street, unless the through street is superelevated. (13) Adequate measures for storm water runoff shall be provided. Storm water shall be collected by a system of catch basins and underground pipes. (14) Minimum clear sight distance at all minor street inter-sections shall permit vehicles to be visible to the driver of another vehicle when each is 125 feet from the center of the intersection. No fence, wall, embankment, structure, sign, or planting shall obstruct vision in this area. (15) No more than two streets shall meet at any one intersection. (16) T-type intersections shall be used where practical at intersections of minor streets within a street. (17) Slight jogs at intersections shall be eliminated where practical. Where such jogs cannot practically be avoided, street centerlines shall be offset by a distance of 125 feet or more. (18) Street name signs shall be installed in appropriate locations at each street intersection in accordance with the requirements of the Kent County Road Commission. (19) Traffic control signs and/or warning devices shall be installed as may be determined necessary by the Kent County Road Commission. Section 4.7 Landscaping. Greenbelts or other appropriate landscaping may be required next to incompatible features such as highways, railroads, commercial or industrial uses, where necessary or desirable to screen the view from residential properties. Such greenbelts or landscaping shall not be part of the road right-of-way or utility easement. Section 4.8 Easements. (1) Easements shall be provided along front or rear lot lines for utilities and along side lot lines when necessary. The total width of an easement shall be six feet along each lot line, or a total of 12 feet for adjoining lots. Subdivision Control Ordinance Revised 1994 Page 8

93 (2) In the case of subdivisions traversed by a watercourse, drainage way, channel, flood plain, or stream the proprietor may be required to provide a storm water easement or drainage right-of-way which conforms substantially with the lines of such watercourse or rightof-way, so as to minimize flooding during periods of heavy rainfall. Drainage way easements shall be provided as required by the rules of the Kent County Drain Commissioner. Section 4.9 Street Lighting. The lighting of streets or of other locations within a subdivision may be required. Street lighting systems located within the public street right-of-way shall be dedicated to the public. Section 4.10 Utility Installations. Where available, public electricity, gas, cable television, water service, and sewer service shall be installed and maintained underground and in appropriate easements. Section 4.11 Public Water and Sewer. (1) The Township Board may require installation and use of public sewers for subdivisions in which a public sewer and/or water system with available capacity is located in a public right-of-way or easement which abuts any part of the subdivision. In determining whether to require installation and use of public sewer, the Township Board shall consider the proposed density of the development, the danger of pollution as a result of the soils and other factors at the site, and other appropriate factors. (2) If the installation of public water and/or sewer is considered to be probable within a reasonable time after completion and occupancy of the subdivision, the Township Board may require, as a condition of plat approval, that the proprietor agree to install a public sewer transmission system, including mains, laterals, stubs, services, lift stations and other necessary facilities, at such time as public water and/or sewer does become available in such location. The proprietor may satisfy this requirement by installing such facilities at the time of the installation of the other facilities in the subdivision. (3) All public sewers and/or water systems shall be constructed to standards applicable to such sewers, and approved by the Township. Following final approval of the construction by the Township, the public sewer and/or water system shall be dedicated to the Township or another designated public agency. (4) If public water and/or sewer is not required private water and septic systems shall be installed which meet the requirements of the Kent County Health Department Michigan Department of Public Health, Michigan Department of Natural Resources, the established policies of the Township regarding privately owned public water supply systems and the requirements of all other governmental agencies having jurisdiction. Section 4.12 Parks and Other Recreation Areas. (1) Where a proposed park, playground, athletic field, unimproved open space or other recreational area is proposed for public use, such area may be dedicated to the public or to the owners of the lots in the plat. In the case of the dedication of such open space or other recreational area, whether to public use or to the use of the owners of lots in the plat, adequate Subdivision Control Ordinance Revised 1994 Page 9

94 provision shall be made for perpetual maintenance of such open space or area, by means of maintenance agreement, lot owners association, restrictive covenants or other legal means. In the case of the dedication of such lands for public use, the Township Board may, in its discretion, accept the same and provide for the perpetual maintenance thereof. This provision shall not, however, be construed as requiring or implying the acceptance of any such lands by the Township. (2) Where practicable, existing natural features which enhance the plat, such as trees and other vegetation, water courses, historic places and the like, shall be preserved or protected in the design and layout of the plat. (3) The proprietor may be required to include in the plat parks, playgrounds, athletic fields, other recreation areas, existing natural features and other elements which may provide opportunity for recreation by the residents of and visitors to the plat, and which may tend to enhance the plat as a developed area within the Township. In considering whether to require the inclusion of such recreational areas, the Planning Commission and Township Board shall among other matters give consideration to the number of lots in the plat, the likely number of persons who may reside there and other factors bearing on the appropriateness of including recreational lands within the plat. Section 4.13 Privately Owned Public Water Supply Systems. (1) The use and development of lands, buildings and structures on platted lands within the Township shall comply in all respects with applicable provisions of the policies of the Township concerning privately owned public water supply systems, as such policies are adopted from time to time in resolutions, ordinances or other official actions of the Township Board. Such use and development of lands, buildings and structures on platted lands within the Township shall include where applicable compliance with the Michigan Safe Drinking Water Act, Suggested Practice for Waterworks, Design, Construction and Operation, as adopted by the Michigan Department of Public Health, applicable standards of the American Waterworks Association, the Fire Insurance Rating Guidelines of the Insurance Services Office and other regulations, standards and guidelines as set forth in the Township Water Supply System Policy or policies. (2) In addition, the use and development of lands, buildings and structures on platted lands within the Township shall comply with the Charter Township of Caledonia standards for public water supply systems, as adopted by Township Board resolutions or other official Township action from time to time. Accordingly, such use and development of lands, buildings and structures shall be carried out in compliance with Township requirements concerning adequacy of water supply for fire protection purposes, required levels of flow of water for fire extinguishing purposes and design of water supply systems so as to adequately accommodate the expansion of the same, for the ultimate development of service areas covered by such water supply systems. The policy or policies of the Township concerning public water supply systems, whether privately owned or otherwise, and as adopted by the Township Board from time to time, shall be deemed to be included in this ordinance, wherever applicable. Subdivision Control Ordinance Revised 1994 Page 10

95 Article V Variance Section 5.1 A variance from the provisions of this chapter may be granted as follows: (1) If the Proprietor can clearly demonstrate that literal enforcement of the terms of this chapter is impractical, or will impose undue hardship in the use of the land because of peculiar conditions pertaining to the land, the Township Board, upon recommendation of the Planning Commission, may permit such variance or variances as in its sound discretion, it finds reasonable and within the general policy and purpose of this chapter, and if the Township Board finds that: (a) There are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the Proprietor of reasonable use of his or her land. (b) The variance is necessary for the preservation and enjoyment of a substantial property right of the Proprietor. (c) The granting of the variance will not be detrimental to the public welfare or be injurious to the property in the area in which said property is situated. (2) The Township Board may, in granting approval of variances, require such conditions as will in its judgment secure substantially the objectives of the requirements so varied or modified. (3) A petition for any such variance shall be submitted in writing by the Proprietor at the time the preliminary plat is filed for consideration by the Planning Commission. The petition shall fully state the grounds for such variance. Article VI Division of Platted Lots Section 6.1 Prohibition. No lot or other parcel of land located within a recorded plat shall be further partitioned or divided or a building permit issued for a partitioned or divided lot unless such partition or division is first approved by the Township Board as provided in this article. No partition or division of a lot may result in the creation of a lot that does not satisfy the particular minimum lot dimension requirements of the Township zoning ordinance. Section 6.2 Approval of Lot Splits. (1) Any proprietor who desires to partition or split a lot, outlot, or other parcel of land located in a recorded plat shall first make application to the Township in writing on such application form or forms as shall be. provided by the Township. Such application shall be filed with the Township Clerk and shall include a detailed statement of the reasons for the requested partition or division, sketch, map or maps prepared in scale showing the proposed division or partition and all adjoining lots, streets, and parcels of land, and a statement from the Kent County Subdivision Control Ordinance Revised 1994 Page 11

96 Health Department indicating the effect of the proposed division or partition upon the safe operation of necessary septic. tanks and wells. (2) The Township Clerk shall transmit the application and report from the Kent County Health Department to the Planning Commission. The Planning Commission may, in its discretion, hold a public hearing on the application. In the event of any such public hearing, the Township Clerk shall send notice of the hearing to the owners of all property within 300 feet of the property for which the partition or division has been requested. Such notice shall be mailed not later than seven days prior to the date of the hearing. Within 45 days after submission of the application, the Planning Commission shall transmit its recommendation to either approve or reject the proposed lot division to the Township Board. (3) In reviewing the application, the Planning Commission and Township Board shall consider whether the request is consistent with the provisions of this Ordinance, all other Township ordinances, and Act 288, and is not adverse to the general welfare of the subdivision or the Township. (4) At its next regular meeting, the Township Board shall either approve or reject the application. (5) The Township Board may condition its approval of a division or partition upon such reasonable conditions as shall be deemed desirable by the Township Board which are in accordance with the purposes of Act 288 and this Ordinance. Article VII Enforcement Section 7.1 No plat shall be transmitted to any county or state approving authority for official action until each plat shall have, in the first instance, been approved by the Township Board in accordance with the requirements of this chapter. Section 7.2 No person shall sell or convey any lot in any plat by reference thereto until such plat has been duly recorded in the office of the County Register of Deeds. Section 7.3 Any sale or option or contract to sell, contrary to the provisions of this Ordinance, shall be voidable at the option of the buyer or person contracting to purchase, his or her heirs, personal representatives or assigns within two years after the execution of the document of sale or contract, but such document shall be binding upon the vendor, his or her assigns, heirs or devisees. Section 7.4 No building permit shall be issued, and no public sewer or water service shall be provided for any dwelling or other structure located on a lot or plot subdivided or sold in violation of these regulations. Section 7.5 Any act or failure to act done in violation of the provisions of this Ordinance is hereby declared to be a nuisance per se. Subdivision Control Ordinance Revised 1994 Page 12

97 Section 7.6 A violation of this Ordinance is a municipal civil infraction, for which the fine shall be not less than $250 nor more than $1,000 for the first offense and not less than $500 nor more than $2,500 for subsequent offenses, in the discretion of the Court, and in addition to all other costs, damages, and expenses provided by law. For purpose of this section, subsequent offense means a violation of this Ordinance committed with respect to a separate incident by the same person within 24 months of a previous violation of the Ordinance for which said person admitted responsibility or was adjudicated to be responsible. Section 7.7 In addition to any other available remedy, the Township may in its discretion bring an action in its own name to restrain or prevent any violation of this Ordinance or any continuance of such violation. In such case the person found violating this Ordinance shall pay the Township s costs and expenses in enforcing this chapter, including its attorneys fees. Subdivision Control Ordinance Revised 1994 Page 13

98 DEFERRED COMPENSATION PLAN ORDINANCE (Ord. No. 94-3) Section 1. Deferred Compensation Plan Established. Pursuant to the authority granted by law, the Township of Caledonia hereby establishes a Deferred Compensation Plan under Section 457 of the Internal Revenue Code of 1954, as amended, whereby an officer or employee of the Township may be eligible to defer that individual s compensation or a portion thereof for the purpose of providing for the payment of said compensation in a different manner and at a different time thereby more effectively providing for said officer s or employee s retirement or death, and to defer Federal and State income tax liability on said deferred compensation to the time of receipt by said officer or employee or said individual s beneficiary. Section 2. Eligible Individuals. All Township officers and employees who perform services for the Township for a 20 hours per week or more on a regular basis shall be eligible to participate in the Deferred Compensation Plan established pursuant to this Ordinance and may elect to participate in the plan by entering into a written deferred compensation agreement in such form as the Township Board shall establish. Section 3. Implementation, Administration and Interpretation of the Plan. In order to implement the Deferred Compensation Plan, the Township Board may enter into a contract(s) with an insurance company authorized to do business with the State of Michigan to provide for the administration of the Deferred Compensation Plan. The Township Board shall have full power and authority to adopt rules and regulations for the administration of the Deferred Compensation Plan and may, in its discretion, adopt the provisions of a contract entered into pursuant to this Section as said rules and regulations. However, to the extent that any rules and regulations adopted, interpreted, altered, amended, or revoked by the Township Board shall be inconsistent with the provisions of this Ordinance, the provisions of this Ordinance shall supersede said rules and regulations. Section 4. Tax Ramifications. The Deferred Compensation Plan and agreements provided for by this Ordinance are intended to comply with Section 457 of the Internal Revenue Code of 1954, as amended, pertaining to Deferred Compensation Plans of State and Local governments. Any provision contained in this Ordinance which causes deferred compensation to be taxed prior to receipt thereof shall be deemed null and void. However, no guarantee is given to any officer or employee of Caledonia Township or to beneficiaries of such individuals, as to the taxable status of any amounts of compensation deferred under the Deferred Compensation Plan established pursuant to this Ordinance and Caledonia Township assumes no responsibility to any officer or employee of the Township or to any beneficiary of such individual in the event of any adverse tax determination. Any provision of the Deferred Compensation Plan, or agreements made hereunder, or any Township rules or regulations adopted pursuant to this Ordinance which are contrary to the Internal Revenue Code of 1954, as amended, or regulations adopted thereunder, shall be deemed to be superseded by such Internal Revenue Code of 1954, as amended, or regulations adopted thereunder. Section 5. Severability. This Ordinance and the various parts, sections, subsections, provisions, sentences and clauses are severable. If any part of this Ordinance is found to be Deferred Compensation Plan Ordinance Adopted 1994 Page 1

99 unconstitutional or invalid it is declared that the remainder of this Ordinance shall not be affected thereby. Section 6. Ratification of Existing Deferred Compensation Plan. The Township of Caledonia hereby ratifies and confirms the validity of any deferred compensation plan in existence on the effective date of this Ordinance. Section 7. Effective Date and Repeal of Inconsistent Ordinances. This Ordinance shall become effective immediately upon publication. Any ordinances or parts of ordinances inconsistent herewith shall be deemed to be repealed by this Ordinance and shall be of no further force and effect. Deferred Compensation Plan Ordinance Adopted 1994 Page 2

100 CIVIL INFRACTION PROCEDURES ORDINANCE (Ord. No , amended by Ord. No and 00-02) AN ORDINANCE to provide for the issuance of citations for civil infractions and to provide the procedure therefor. THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Township Supervisor. The Township Supervisor is authorized to issue citations for violation of any Township ordinance which is designated to be a municipal civil infraction if the Supervisor has reasonable cause to believe an infraction has occurred, based upon personal observation or the report of a person who has allegedly witnessed said infraction. Section 2. Township Building Inspectors. The Township Building Official is authorized to issue citations for violations of those building codes which the official is responsible for administering and enforcing if the official has reasonable cause to believe an infraction has occurred, based upon personal observation or the report of a person who has allegedly witnessed said infraction. Section 3. Zoning Ordinance. The Township Zoning Administrator is hereby authorized to issue citations for violation of the Zoning Ordinance which the Zoning Administrator has reasonable cause to believe an infraction has occurred, based upon personal observation or the report of a person who has allegedly witnessed said infraction. Section 3A. Code Enforcement Officer. The code enforcement officer appointed by the Township Board to enforce the ordinances of the Township is hereby authorized to issue citations for a violation of any Township ordinance which is designated to be a municipal civil infraction, except for violation of the Township Building Codes, if said officer has reasonable cause to believe that an infraction has occurred, based upon personal observation or the report of a person who has allegedly witnessed said infraction. Section 4. Code Enforcement Official. The Township Board is hereby authorized to appoint any person or persons, by resolution, to the office of Code Enforcement Official for such term or terms as may be designated in said resolution. Likewise, the Board may remove any person, by resolution, from said office. A. The Code Enforcement Official is hereby authorized to enforce all ordinances of the Charter Township of Caledonia, whether such ordinances designate a different official to enforce the same or do not designate a particular enforcement official. Where a particular official is so designated in any such ordinance, the authority of the Code Enforcement Official shall be in addition to the authority granted to such other specific official. B. The authority vested in the Township Supervisor, Building Inspectors, Zoning Administrator and other officials shall continue in full force and effect and shall in no way be diminished or impaired by the terms of this Ordinance. Civil Infraction Procedures Ordinance Revised 2000 Page 1

101 C. The Code Enforcement duties authorized herein shall include, among others, the following: 1. Investigation of ordinance violations. 2. Serving notice of violations. 3. Serving civil infraction citations. 4. Appearance in court or other judicial proceedings to assist in the prosecution of ordinance violations. 5. Such other ordinance enforcement duties as may be delegated by the Township Supervisor or assigned by the Township Board. D. The Code Enforcement Official is hereby declared to be a police officer and peace officer under the authority of Michigan Public Act 246 of 1945, as amended and Michigan Public Act 33 of 1951, as amended. Section 5. Form of Citations. Citations shall be numbered consecutively and should be in a form approved by the State Court Administrator s office. Section 6. by law. Service. Citations shall be served upon the alleged violator as provided Section 7. Appearance. Citations shall require appearance at the District Court within a reasonable time after the citation has been issued. Section 8. Procedure. The procedures for the admission or denial of responsibility, request for informal or formal hearings, and all other matters related to processing of citations for civil infractions shall be as provided by law. Section 9. Publication/Effective Date. This Ordinance shall take effect 30 days following publication of this Ordinance, or a summary thereof, as provided by law. Civil Infraction Procedures Ordinance Revised 2000 Page 2

102 REGULATION OF FIREWORKS ORDINANCE (Ord. No. 95-1) AN ORDINANCE to regulate the use of certain fireworks within the Charter Township of Caledonia; and to provide penalties for the violation thereof THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Findings and Purpose. The Township Board of the Charter Township of Caledonia hereby determines that the use of fireworks within the Township constitutes a serious threat to the public health and safety. It is the purpose of this Ordinance to prohibit the use of illegal fireworks altogether within the Township, and to prohibit the use of other defined fireworks in public places or assemblies in the Township. This Ordinance is in addition to the requirements of the laws of the State of Michigan concerning fireworks. Section 2. Definitions. Class B fireworks means toy torpedoes, railway torpedoes, firecrackers or salutes that do not qualify as class C fireworks, exhibition display pieces, aeroplane flares, illuminating projectiles, incendiary projectiles, incendiary grenades, smoke projectiles or bombs containing expelling charges but without bursting charges, flash powders in inner units not exceeding two ounces each, flash sheets in interior packages, flash powder or spreader cartridge containing not more than 72 grains of flash powder each, and other similar devices. (b) Class C fireworks means toy smoke devices, toy caps containing not more than.25 grains of explosive mixture, toy propellant devices, cigarette loads, trick matches, trick noise makers, smoke candles, smoke pots, smoke grenades, smoke signals, hand signal devices, signal cartridges, sparklers, and explosive auto alarms, and other similar devices. Section 3. Prohibition of Use of Fireworks in Public Places or Assemblies in Township; Exceptions. (1) No person shall use, explode or cause to explode any of the following: (a) A blank cartridge, blank cartridge pistol, toy cannon, toy cane, or toy gun in which explosives are used. (b) An unmanned balloon which requires fire underneath to propel it and is not moored to the ground while aloft. (c) Firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, bottle rocket, whistling chaser, rockets on sticks, or other fireworks of like construction. (d) Fireworks containing an explosive or inflammable compound or a tablet or other device commonly used and sold as fireworks containing nitrates, fulminates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus, or a compound containing these or other modern explosives. Regulation of Fireworks Ordinance Adopted 1995 Page 1

103 (2) No person shall use, explode or cause to explode any Class B firework or Class C firework on, within or about any public street, public sidewalk or other public place or public area within the Township. (3) No person shall use, explode or cause to explode any Class B or Class C firework in or about any public park, stadium, or other place of assembly or in or about any private place or private area which is open to the public for the purpose of assembly, amusement, entertainment or other similar purpose, including but not limited to any festival, carnival, celebration, parade or pyrotechnic exhibition. (4) This section shall not apply to the following: (a) A fireworks dealer or wholesaler properly licensed by all federal, state, and local authorities, conducting business at a place permitted for commercial activities by the Township Zoning Ordinance. (b) licensed exhibitions. The otherwise lawful use of fireworks by professional pyrotechnicians at (c) The otherwise lawful possession and use of Class B and Class C fireworks on private property, open only to residents and invited guests, for non-commercial purposes. (d) Possession or use of signal flares of a type approved by the director of the department of state police, blank cartridges or blank cartridge pistols specifically for a show or theater, for the training or exhibiting of dogs, for signal purposes in athletic contests, for the use by military organizations, and all items described in subsection (1) used for signal purposes in traffic or other emergencies involving automobiles, railroads, trucks and other vehicles. Section 4. Penalties. Any person who violates this Ordinance shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to a fine of not more than $500 and/or not more than 90 days imprisonment, or both, in the discretion of the court. Section 5. Repeal of Conflicting Ordinances. All ordinances in conflict herewith shall be and the same are hereby rescinded. Section 6. Effective Date. This Ordinance shall become effective 30 days after publication of the ordinance or a synopsis thereof. After publication, the Township Clerk shall enter in the book of ordinances a certificate stating the time and place of the publication. Regulation of Fireworks Ordinance Adopted 1995 Page 2

104 OPEN BURNING ORDINANCE (Ord. No. 95-3) AN ORDINANCE to protect the health safety and welfare of the people of the Charter Township of Caledonia by regulating the burning and use of fires and to provide penalties for the violation of any of the provisions of this Ordinance. Open burning is regulated under the Air Pollution Act (Act 348 of the Public Acts of 1965), the Forest Fire Act (Act 329, 1969), the Solid Waste Management Act (Act 641, 1978, Act 267, 1990) and the General Township Act MCL Section 1. Definitions. A. Burning Permit. A permission to burn, issued verbally or by written permit by the appropriate fire department chief or designated personnel. B. Fire Department. Caledonia Fire Department which respond to all areas of the Township and Village of Caledonia. C. Flammable Waste Material. Any waste or discarded substance that will burn or smolder, including but not limited to refuse, debris, waste forest material, brush, stumps, logs, rubbish, fallen timber, grass, stubble, leaves, fallow land, slag crops, garbage or crop residue. odor. D. Open Burning. Open flame or smoldering fire, emitting smoke and/or offensive E. Person. An individual, corporation, partnership, association, municipality or other public body or legal entity, or any officer, employee or agent of the foregoing. Section 2. Prohibited Burning. A. There will be no burning permitted in the Township without first receiving a burning permit from the Fire Chief or designated personnel accordance with Section 4. B. In no event whatsoever, shall any person burn any garbage, plastic, styrofoam, or any other synthetic material or other hazardous materials, nor shall any rubber or rubber based material such as, but not limited to, rubber tires, be burned in the township regardless of the method used of burning. Section 3. Permitted Burning. Burning under the following conditions is permitted anywhere in the township without a permit. A. The burning of wood, charcoal, coke or other acceptable conventional fuel for the preparation of food in any form, in an approved container or utensil will be permitted when done in accordance with accepted safety standards. Open Burning Ordinance Adopted 1995 Page 1

105 B. The use of approved gaseous or portable heaters commonly employed in conjunction with building and construction operations will be permitted when done in accordance with accepted safety standards. C. Roofers, plumbers, tinners or other mechanics pursuing a business requiring the use of fire, or for the purpose of boiling tar, pitch or oil used in the course of an appropriate business or trade will be permitted when done in accordance with accepted safety standards. Section 4. Burning Permitted with Burning Permit Only. A. The burning of flammable waste material is permitted with a burning permit issued at the discretion of the fire chief or designated personnel. No burning shall occur prior to the issuance of the required permit. The issuance of such a permit will be determined by the proximity of the fire to any structure, weather conditions, the duration of the fire, and other factors the fire departments may deem necessary. All such burning shall be done under the constant supervision of a person 18 years or older. B. A burning permit will also be required for any type of fire associated with any recreational activity including, but not limited to, open campfires, unless such fires are built in a metal, stone or masonry container. Section 5. Exceptions. The following are exceptions from the rules of this Ordinance prohibiting open burning: A. County parks in which fires are permitted by the rules governing said parks, and, B. Fires authorized for the training of firefighters or other controlled burnings approved by the appropriate fire chief. Section 6. Penalties. A. Any person convicted of a violation of any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be fined not more than $ or shall be imprisoned in the County Jail for not more than 90 days, or both, such fine and imprisonment being within the discretion of the Court, together with the costs of prosecution. B. In the event that a Fire Department or Fire Chief is called out on a burning ordinance violation, all expenses incurred by the response call shall be paid by the owner or owners of such divided lands. The Township shall have a lien upon such subdivided lands, lots or parcels for such expense. Charges will be assessed at no less than $150.00, per hour, per fire vehicle, and $35.00, per hour, per firefighter. Section 7. Enforcement. The Fire Chief or designated personnel of the Fire Department or the officers of the Kent County Sheriff s Department or any authorized law enforcement officer may cause complaint to be made for the violation of the provisions of this Ordinance. Open Burning Ordinance Adopted 1995 Page 2

106 Section 8. Conflict with Other Ordinance. In the event of conflict between any provisions of this Ordinance with those of any other ordinance of the Charter Township of Caledonia, the provisions hereof shall be controlling, and any such conflicting provisions of any other ordinance of the Township of Caledonia are hereby repealed. Any ordinance of the Village of Caledonia will supersede this Ordinance. Section 9. Effective Date. This Ordinance shall take effect after the second publication of this Ordinance. Open Burning Ordinance Adopted 1995 Page 3

107 MICHIGAN CONSOLIDATED GAS FRANCHISE ORDINANCE (Ord. No. 95-4) AN ORDINANCE, granting to Michigan Consolidated Gas Company, its successors and assigns, the right, power, and authority to lay, maintain, and operate gas mains, pipes and services on, along, across and under the highways, streets, alleys, bridges and other public places in Sections number 1, 2, 3, 4 and 5 of the Charter Township of Caledonia, Kent County, Michigan, and to do a local gas business in Sections number 1, 2, 3, 4 and 5 of the Charter Township of Caledonia, Kent County, Michigan, but not in other sections of the Township, for a period of thirty years. THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Grant of Gas Franchise and Consent to Laving of Pipes, Etc. Subject to all the terms and conditions mentioned in this Ordinance, consent is hereby given to Michigan Consolidated Gas Company, a corporation organized under the laws of the State of Michigan (the Company ), and to its successors and assigns, to lay, maintain, operate, and use gas pipes, mains, conductors, service pipes, and other necessary equipment in the highways, streets, alleys, and other public places in Sections number 1, 2, 3, 4 and 5 in the Charter Township of Caledonia, Kent County, Michigan, and a franchise is hereby granted to the Company, its successors and assigns, to transact local business in Sections number 1, 2, 3, 4 and 5 of said Charter Township of Caledonia, for the purposes of conveying gas into and through and supplying and selling gas in Sections 1, 2, 3, 4 and 5 of said Charter Township of Caledonia and all other matters incidental thereto. Section 2. Installation and Extension of System. If the provisions and conditions herein contained are accepted by the Company, as in Section 6 hereof provided, then within not more than one year following the later of the date upon which this Ordinance takes effect and the date upon which the Company receives such regulatory approval as may be necessary for the Company to convey gas to the Charter Township of Caledonia and to construct and operate its facilities therein, the Company shall determine the area within Sections number 1, 2, 3, 4 and 5 of the Charter Township of Caledonia to be served initially and commence the installation of a gas distribution system within such area, and the Company shall thereafter proceed to complete said initial installation as soon as reasonably practicable; provided, however, that the Company shall not be held responsible for delays due to weather or labor conditions, inability to procure necessary materials, or other causes beyond its control; and provided further that such initial installation and any extensions shall be subject to the Main Extension provisions, the Area Expansion Program provisions (if and where applicable), and other applicable provisions now or from time to time hereafter contained in the Company s Rules and Regulations for Gas Service as filed with the Michigan Public Service Commission or successor agency having similar jurisdiction. Section 3. Use of Streets and Other Public Places. The Company, its successors and assigns, shall not unnecessarily obstruct the passage of any of the highways, streets, alleys, or other public places within Sections number 1, 2, 3, 4 and 5 and of said Charter Township of Caledonia and, shall within a reasonable time after making an opening or excavation, repair the Michigan Consolidated Gas Franchise Ordinance Adopted 1995 Page 1

108 same and leave it in as good condition as before the opening or excavation was made. The Company, its successors and assigns, shall use due care in exercising the privileges herein contained and shall be liable to said Charter Township for all damages and costs which may be recovered against said Charter Township of Caledonia arising from the default, carelessness, or negligence of the Company or its officers, agents, and servants. No road, street, alley, or highway shall be opened for the laying of trunk lines or lateral mains except upon application to the Township Board of the Charter Township of Caledonia, or other authority having jurisdiction in the premises, stating the nature of the proposed work and the route. Upon receipt of such application, it shall be the duty of the Charter Township Board, or such other authority as may have jurisdiction, to issue a permit to the Company to do the work proposed, so long as the same may lawfully be carried out by the Company. Section 4. Standards and Conditions of Service; Rules, Regulations and Rates. The Company is now under the jurisdiction of the Michigan Public Service Commission to the extent provided by statute; and the rates to be charged for gas, and the standards and conditions of service and operation hereunder, shall be the same as set forth in the Company s schedule of rules, regulations, and rates as applicable in the several cities, villages, and townships in which the Company is now rendering gas service, or as shall hereafter be validly prescribed for the Charter Township of Caledonia, under the orders, rules, and regulations of the Michigan Public Service Commission or other authority having jurisdiction in the premises. Section 5. Successors and Assigns. The words Michigan Consolidated Gas Company and the Company, wherever used herein, are intended and shall be held and construed to mean and include both Michigan Consolidated Gas Company and its successors and assigns, whether so expressed or not. Section 6. Effective Date; Term of Franchise Ordinance; Acceptance by Company Franchise not Exclusive. This Ordinance shall take effect the day following the date of publication thereof, which publication shall be made within 30 days after the date of its adoption, and shall continue in effect for a period of 30 years thereafter, subject to revocation at the will of the Charter Township of Caledonia at any time during said 30-year period; provided, however, that when this Ordinance shall become effective the Charter Township Clerk shall deliver to the Company a certified copy of the ordinance accompanied by written evidence of publication and recording thereof as required by law, and the Company shall, 180 days after receiving the documents from the Clerk, file with the Charter Township Clerk its written acceptance of the conditions and provisions hereof. The rights, power and, authority granted to the Company by this Ordinance are not exclusive. Section 7. Effect and Interpretation of Ordinance. All ordinances and resolutions, and parts thereof, which conflict with any of the terms of this Ordinance are hereby rescinded. In the case of conflict between this Ordinance and any such ordinances or resolutions, this Ordinance shall control. The catch line headings which precede each section of this Ordinance are for convenience in reference only and shall not be taken into consideration in the construction or interpretation of any of the provisions of this Ordinance. Michigan Consolidated Gas Franchise Ordinance Adopted 1995 Page 2

109 HAZARDOUS MATERIALS ORDINANCE (Ord. No. 96-1) AN ORDINANCE to establish charges for Township emergency services responding to an incident involving hazardous materials under Public Act 102 of 1990, as amended (Compiled Law a) and to provide methods for the collection of such charges. THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Purpose. In order to protect the Township from extraordinary expenses resulting from the utilization of Township resources to respond to an incident involving hazardous materials, the Township Board authorized the imposition of charges to recover reasonable and actual costs incurred by the Township in responding to calls for assistance in connection with a hazardous materials incident or release (or potential release) or the events arising from such a release or incident. Section 2. Hazardous Materials Defined. For purposes of this Ordinance, hazardous materials shall include, but are not limited to, a chemical that is combustible liquid, a flammable gas, explosive, flammable, poison, an organic peroxide, an oxidizer, pyrophoric, unstable reactive, or water reactive. Section 3. Hazardous Materials Incident or Emergency. Any accident, emergency, occurrence, incident or activity where a release of hazardous materials occurs or might occur as those terms are defined herein. Section 4. Release Defined. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping, or disposing into the environment. Release shall also include situations where any of the events in the preceding sentence appear reasonably imminent or where there is a high probability that a release will occur. Section 5. Responsible Party Defined. Any individual, firm corporation, association, partnership, commercial entity, consortium, joint venture, government entity, or any other legal entity that is responsible for a release of a hazardous material, either actual or threatened, or is an owner, tenant, occupant, or party in control of a property, vehicle, or item, onto which or from which hazardous materials release. Section 6. Recovery-Authorization and Procedure. The Township is hereby empowered to recover from any responsible party whose acts cause the hazardous material emergency expenses incurred by the Township (listed below) due to a release or hazardous materials incident. The Township shall determine the responsible party or parties for the emergency and shall notify it/them, by first-class mail, of the expenses for which it/they are liable. Section 7. Appeal Process. The party or parties alleged to be responsible may appeal the Township s decision to the Township Board. The appeal shall be filed not more than 15 days from the date of mailing of the notice of liability. The Township Board shall hold a Hazardous Materials Ordinance Adopted 1996 Page 1

110 public hearing to consider any issues raised by the appeal. At this public hearing, the appealing party and the Township shall be entitled to present evidence in support of their respective positions. The appealing party shall bear the burden of proof. The Township Board shall, after the hearing, issue a decision assessing responsibility and expenses. Section 8. Charges Imposed Upon Responsible Party. Where the Township becomes involved in a call for assistance in connection with a hazardous materials incident or a release, actual costs incurred by the Township in responding to such a call shall be imposed upon the responsible party or parties, including, but not limited to: A. Charges for each pumper required, in the opinion of the officer in command, to stand by at the hazardous materials incident. B. Charges for each water tender required, in the opinion of the officer in command, to be utilized in responding to the hazardous material incident. C. Charges for each additional fire department vehicle required, in the opinion of the officer in command, to be utilized in responding to the hazardous materials incident. D. All personnel-related costs incurred by the Township as a result of responding to the hazardous materials, incident. Such costs may include, but are not limited to, wages, salaries, and fringe benefits and insurance for full-time and part-time firefighters, overtime pay and related fringe benefit costs for hourly employees, and fire run fees paid to on-call firefighters. Such personnel-related charges shall commence after the first hour that the fire department has responded to the hazardous materials incident and shall continue until all Township personnel have concluded hazardous materials incident-related responsibilities. E. Other expenses incurred by the Township in responding to the hazardous materials incident, including but not limited to, rental or purchase of machinery, equipment, labor, consultants, legal and engineering fees, medical and hospitalization costs, and the replacement costs related to disposable personal protective equipment, extinguishing agents, supplies, water purchased from municipal water systems and meals and refreshments for personnel while responding to the hazardous materials incident. F. Charges to the Township imposed by any local state, or federal government entities related to the hazardous materials incident. G. Costs incurred in accounting for all hazardous material incident-related expenditures, including billing and collection costs. Section 9. Billing Procedures. Following the conclusion of the hazardous materials incident, the Township Fire Chief (or his or her designee) shall submit a detailed listing of all know expenses to the Township Treasurer, who shall prepare an invoice to the responsible party for payment. The Township Treasurer s invoice shall demand full payment within 30 days of receipt of the bill. Any additional expenses that become known to the Township following the transmittal of the bill to the responsible party shall be billed in the same manner on a subsequent bill to the responsible party. For any amounts due that remain unpaid after 30 days, the Township shall impose a late charge of 1 percent per month, or fraction thereof. Hazardous Materials Ordinance Adopted 1996 Page 2

111 Section 10. Other Remedies. The Township may pursue any other remedy or may institute any appropriate action or proceeding, in a court of competent jurisdiction to collect charges imposed under this Ordinance. In addition to the above, the Township may, at its sole option and discretion, add any and all unreimbursed costs of cleanup and restoration as mentioned in this Ordinance to the tax roll (via a lien) of the affected property if one or more responsible parties own(s) the affected property, and to levy and collect such costs in the same manner as provided for the levy and collection of real property taxes. The recovery of charges imposed under this Ordinance does not limit the liability of responsible parties under local ordinance or state or federal law, rule or regulation. Section 11. Severability. Should any provision or part of this Ordinance be declared by any court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of the balance of this Ordinance, which shall remain in full force and effect. Section 12. Effective Date. This Ordinance shall take effect 30 days after it (or a summary thereof) is printed in the newspaper. All ordinances or parts of ordinance in conflict with this Ordinance (including, but not limited to, Ordinance No. 96-1) are hereby repealed. Hazardous Materials Ordinance Adopted 1996 Page 3

112 LAND DIVISION ORDINANCE (Ord. No. 97-2) AN ORDINANCE to regulate the division of parcels or tracts of land in order to carry out the provisions of Michigan Public Act 288 of 1967, as amended, being the Land Division Act; to establish minimum requirements and procedures for the approval of such land divisions and to prescribe penalties for the violation of this ordinance. THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Title and Purpose. 1.1 This Ordinance shall be known and may be cited as the Caledonia Charter Township Land Division Ordinance. 1.2 The purpose of this ordinance is to carry out the provisions of the Land Division Act, Michigan Public Act 288 of 1967, as amended (the Act ) in order to prevent the creation of parcels of land which do not comply with the Act or with applicable township ordinances; to provide for the orderly development of land and otherwise to provide for the health, safety and welfare of the residents and property owners of the township by establishing minimum requirements for review and approval of certain land divisions within the Township. 1.3 This Ordinance shall not be construed to repeal, abrogate, rescind, or otherwise to impair or interfere with provisions of other ordinances of the Township. Section 2. Definitions. Certain words and phrases used in this Ordinance shall have the meanings stated in this section. Other words and phrases, if defined by the Act, shall have the meanings stated in the Act. 2.1 Administrator means the township assessor. 2.2 Division or land division means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale, or lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent (as defined in the Act), and that satisfies the requirements of Sections 108 and 109 of the Act. Division does not include a property transfer between two or more adjacent parcels, if the land taken from one parcel is added to an adjacent parcel. 2.3 Exempt split means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors or assigns that does not result in one or more parcels of less than 40 acres or the equivalent. 2.4 Parcel means a contiguous area of land which can be described as stated in Section 102(g) of the Act. Land Division Ordinance Adopted 1997 Page 1

113 2.5 Parent parcel or parent tract means a parcel or tract, respectively, lawfully in existence on March 31, Private road means a private road which complies with the requirements of the Township Zoning Ordinance. 2.7 Road authority means the governmental authority having jurisdiction of a public road or public street. 2.8 Resulting parcel(s) means one or more parcels which result from a land division. 2.9 Tract means two or more parcels that share a common property line and are under the same ownership. Section 3. Land Division Approval Required. Any division of land, including any partitioning or splitting of land, within the Township which requires the approval of the Township in order to qualify as a land division under the Act shall satisfy the requirements of Sections 4, 5 and 7 and the other applicable provisions of this Ordinance. Section 4. Application for Land Division Approval. 4.1 A proposed land division shall be filed with the Administrator and shall include the following: (a) A completed application, on such written form as the Township may provide, including any exhibits described therein; (b) Proof of an ownership interest in the land which is the subject of the proposed division, or written consent to the application, signed by the owner of such land; (c) A land title search, abstract of title, or other evidence of land title acceptable to the Administrator which is sufficient to establish that the parent parcel or parent tract of the land which is the subject of the proposed division was lawfully in existence on March 31, (d) A copy of each deed or other instrument of conveyance which contains the statement required by Section 109(3) of the Act concerning the right to make further divisions. (e) Three copies of a tentative parcel map showing the parent parcel or parent tract which is the subject of the application, and the area, parcel lines, public utility easements, and the manner of proposed access for each resulting parcel. The tentative parcel map, including the resulting parcels, shall be accurately and clearly drawn to a scale of not less than one inch = 20 feet for parent parcels or parent tracts of less than three acres in area, and to a scale of at least 1 =100 feet for parent parcels or parent tracts of three acres or more in area. A tentative parcel map shall include: Land Division Ordinance Adopted 1997 Page 2

114 (1) Date, north arrow, scale, and the name of the person or firm responsible for the preparation of the tentative parcel map; (2) Proposed boundary lines and the dimensions of each parcel; parcel; (3) An adequate and accurate legal description of each resulting (4) A drawing or written description of all previous land divisions from the same parent parcel or parent tract, identifying the number, area and date of such divisions; (5) The location, dimensions and nature of proposed ingress to and egress from any existing public or private streets; and (6) The location of any public or private street, driveway or utility easement to be located within any resulting parcel. Copies of the instruments describing and granting such easements shall be submitted with the application. (f) If a resulting parcel is a development site (as defined in the Act), proof of approval granted by the county health department for on-site water supply, if the parcel is not served by public water, and proof of approval for on-site sewage disposal, if the parcel is not served by public sewers. (g) Other information reasonably required by the Administrator in order to determine whether the proposed land division qualifies for approval. (h) Payment of the application fee and other applicable fees and charges established by resolution of the Township Board. 4.2 A proposed division shall not be considered filed with the Township, nor shall the time period stated in subsection 5.4 commence, until all of the requirements for an application for land division approval have been complied with. Section 5. Minimum Requirements for Approval of Land Divisions. 5.1 A proposed land division shall be approved by the Administrator upon satisfaction of all of the following requirements: (a) The application requirements of Section 4. (b) All resulting parcels to be created by the proposed land division(s) shall fully comply with the applicable lot area and lot width requirements of the township zoning ordinance for the zoning district(s) in which the resulting parcels are located. (c) Each resulting parcel shall have the depth to width ratio specified by the township zoning ordinance for the zoning district(s) in which the resulting parcel is located. If the township zoning ordinance does not specify a depth to width ratio, each resulting parcel which is ten acres or less in area shall have a depth which is not more than four times the width Land Division Ordinance Adopted 1997 Page 3

115 of the parcel. The width and depth of the resulting parcel shall be measured in the same manner provided by the township zoning ordinance for the measuring of the minimum width and maximum depth of parcels. (d) Each resulting parcel shall have a means of vehicular access to an existing street from an existing or proposed driveway or access easement. Such means of access shall comply with all applicable location standards of the governmental authority having jurisdiction of the existing street. If a driveway or access easement does not lawfully exist at the time a division is proposed, the applicant shall also comply with the requirements of subsection 5.2. (e) The proposed division, together with any previous division(s) of the same parent parcel or parent tract, shall not result in a number of resulting parcels that is greater than that permitted under Section 108(2) of the Act. (f) Each resulting parcel that is a development site (as defined in the Act) shall satisfy the requirements of subsection If a means of vehicular access to a resulting parcel does not lawfully exist at the time a land division is applied for, the proposed division shall not be approved unless the following requirements are satisfied: (a) If a driveway is proposed as a means of access, each resulting parcel shall have an area where a driveway will lawfully provide vehicular access in compliance with applicable township ordinances. (b) If an easement is proposed as a means of access, the proposed easement shall be in writing and signed by the owner of the parcel(s) within which the easement is to be located. Such easement shall provide a lawful means of access over and across such parcel(s), in compliance with applicable township ordinances. (c) If a new public street is proposed as a means of access, the applicant shall provide proof that the road authority having jurisdiction has approved the proposed layout and construction design of the street and of utility easements and drainage facilities associated therewith. 5.3 A proposed division shall not be approved unless the following requirements are satisfied for each resulting parcel that is a development site (as defined in the Act). (a) There shall be public water available or there shall be county health department approval for on-site water supply under the rules described in Section 105(g) of the Act. (b) There shall be public sewer available or there shall be county health department approval for on-site sewage disposal under the rules described in Section 105(g) of the Act. (c) There shall be adequate easements for public utilities from the resulting parcel to existing public utility facilities. Land Division Ordinance Adopted 1997 Page 4

116 5.4 The Administrator shall approve or disapprove a proposed land division within 30 days after the complete filing of the proposed division with the Administrator. 5.5 An applicant aggrieved by the decision of the Administrator may, within 30 days of the decision, file a written appeal of the decision to the Township Board, which shall consider and decide the appeal by a majority vote of the members present and voting at a public meeting. At least ten days written notice of the date, time and place of the meeting at which the appeal is to be considered shall be given to the applicant by regular, first-class mail, directed to the applicant s address as shown in the application or in the written appeal. The Township Board may affirm or reverse the decision of the Administrator, in whole or in part, and its decision shall be final. 5.6 The Administrator shall maintain a record of all land divisions approved by the township. Section 6. Exempt Splits. 6.1 An exempt split is not subject to approval by the township if all resulting parcels are accessible (as defined in the Act). 6.2 The Township shall not permit the creation of an exempt split if one or more of the resulting parcels are not accessible. Section 7. Approval of Land Divisions. 7.1 A decision approving a land division shall be effective for not more than 90 days after such approval by the Administrator or, if appealed, by the Township Board, unless either of the following requirements is satisfied within such 90-day period: (a) A deed or other recordable instrument of conveyance, accurately describing the resulting parcel(s), shall be recorded with the county register of deeds and a true copy thereof, showing proof of such recording, shall be filed with the Administrator; or (b) A survey accurately showing the resulting parcel(s) shall be recorded with the county register of deeds and a true copy thereof, showing proof of such recording, shall be filed with the Administrator. Such survey shall comply with the minimum requirements of Public Act 132 of 1970, as amended. If neither paragraph (a) nor paragraph (b) is satisfied, such land division approval shall, without further action on the part of the Township, be deemed revoked and of no further effect after the 90th day following such approval by the Administrator or, if appealed, by the Township Board. 7.2 All deeds and other recordable instruments of conveyance and all surveys submitted in compliance with Section 7.1 shall be reviewed by the Administrator in order to determine their conformity with the approved tentative parcel map. The Administrator shall mark the date of approval of the proposed land division on all deeds, other recordable instruments of conveyance and surveys which are in conformity with the approved tentative parcel map and Land Division Ordinance Adopted 1997 Page 5

117 which otherwise comply with the requirements of this ordinance. Such documents shall be maintained by the Administrator in the township record of the approved land division. 7.3 The approval of a land division shall not, of itself, constitute an approval or permit required under other applicable township ordinances. 7.4 Any parcel created inconsistent with or in violation of this ordinance, where approval hereunder is required, shall not be eligible for issuance of building permits, zoning ordinance approvals or other land use or building approvals under other township ordinances, nor shall any such parcel be established as a separate parcel on the tax assessment roll. Section 8. Penalties and Other Remedies. A violation of this ordinance is a municipal civil infraction, for which the fine shall be not more than $500 for the first offense and not more than $1,000 for a subsequent offense, in the discretion of the court, and in addition to all other costs, damages, expenses and other remedies provided by law. For the purpose of this section, a subsequent offense means a violation of this ordinance committed by the same person or party within one year after a previous violation of the same provision of this ordinance for which such person or party admitted responsibility or was determined by law to be responsible. Section 9. Severability. The provisions of this ordinance are severable and if any provision or other part hereof is determined to be invalid or unenforceable by any court of competent jurisdiction, such determination shall not affect the remaining provisions or other parts of this ordinance. Section 10. Effective Date. This ordinance shall become effective 30 days after its publication or 30 days after the publication of a summary of its provisions in a local newspaper of general circulation. Land Division Ordinance Adopted 1997 Page 6

118 MICHIGAN MOTOR VEHICLE CODE ORDINANCE (Ord. No. 97-3) AN ORDINANCE to adopt by reference the Michigan Motor Vehicle Code, 1949 PA 300 MCLA et. seq. MSA et. seq., as amended; and to provide penalties for violation thereof. THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Adoption of Code by Reference. Pursuant to the provisions of the Michigan Charter Township Act, 1947 PA 359; MCLA 42.43; MSA 5.46(23), the Michigan Motor Vehicle Code, 1949 PA 300; MCLA et. seq.; MSA et. seq., as amended, is hereby adopted by reference, as if fully set forth herein. Section 2. References in Code. References in the Michigan Vehicle Code to government or governmental unit shall mean the Charter Township of Caledonia. Section 3. Sanctions. A. Any provision of the Michigan Vehicle Code which describes an act, omission, or condition which is declared to be a criminal offense shall be processed as a misdemeanor. Unless some other penalty is expressly provided for by the Michigan Vehicle Code, any person found guilty of a misdemeanor under this Ordinance shall be subject to the imposition of a sentence which includes a fine of not more than $500.00, or imprisonment in the county jail for not more than 90 days, or both such fine and imprisonment. B. Any provision of the Michigan Vehicle Code which describes an act, omission, or condition which is declared to be a civil infraction, shall be processed as a civil infraction as provided for under State law. Any person found responsible for a civil infraction may be ordered by the Judge or Magistrate to pay a civil fine and costs as well as such additional penalties as are provided for by State law. C. When any person is found guilty of a criminal violation or responsible for a civil infraction pursuant to this Ordinance, the Judge or Magistrate shall summarily determine and tax the costs of the action which shall include all expenses, direct and indirect, to which the Township has been put in connection with the violation or infraction up to the entry of judgment. Section 4. Severability. The phrases, sentences, sections and provisions of this Ordinance are severable. The finding that any portion hereof is unconstitutional or otherwise unenforceable shall not detract from or affect the enforceability of the remainder of this Ordinance. Section 5. Repeal of Ordinance No Ordinance No is hereby repealed. Section 6. Effective Date. This Ordinance shall be effective from and after the day following its publication in the Sun and News. Michigan Motor Vehicle Code Ordinance Adopted 1997 Page 1

119 GENERAL APPROPRIATIONS ACT ORDINANCE (Ord. No ) AN ORDINANCE to establish a General Appropriations Act for the Charter Township of Caledonia; to define the powers and duties of the Township officers in relation to the administration of the budget, and to provide remedies for refusal or neglect to comply with the requirements of this Ordinance. THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Title. This Ordinance shall be known as the Charter Township of Caledonia General Appropriations Act. Section 2. Budget Officer. The Supervisor shall be the Budget Officer and shall perform the duties of the Budget Officer enumerated in this Act. Section 3. Fiscal Officer. The Clerk shall be the Fiscal Officer and shall perform the duties of the Fiscal Officer enumerated in this Act. Section 4. Public Hearings on the Budget. Pursuant to MCLA 42.26, notice of a public hearing on the proposed budget was published in the Middleville Sun and News on October 13, 1998, and a public hearing on the proposed budget was held on October 21, Section 5. Estimated Revenues. Estimated township general fund revenues for fiscal year 1999, including an allocated millage of mills; voter-authorized millage of mills, and various miscellaneous revenues shall total $1,991,600. Section 6. Millage Levy. The Township Board shall cause to be levied and collected the general property tax on all real and personal property within the township upon the current tax roll an amount equal to mills as authorized under state law and approved by the electorate. Section 7. Estimated Expenditures. Estimated Township general fund expenditures for fiscal year 1999 for the various Township activities (cost centers) are as follows: Dept. No. Department Budget Amount 101 Township Board $ 12, Supervisor $ 25, Elections $ 16, Administration $ 187, Assessor $ 50, Clerk $ 59, Board of Review $ 1, Treasurer $ 92, Caledonia Hall $ 33, Alaska Hall $ 12, Barber School $ 10,000 General Appropriations Act Ordinance Adopted 1998 Page 1

120 276 Cemetery $ 30, Building Inspection $ 112, Planning and Zoning $ 120, Public Works $ 222, Parks and Recreation $ 50,000 TOTAL $1, Section 8. Adoption of Budget by Reference. The general fund budget of the Charter Township of Caledonia is hereby adopted by reference, with revenues and activity expenditures as indicated in Sections 5 and 7 of this Act. Section 9. Adoption of Budget by Cost Center. The Board of Trustees of the Charter Township of Caledonia adopts the 1999 fiscal year general fund budget by cost center. Township officials responsible for the expenditures authorized in the budget may expend township funds up to, but not to exceed, the total appropriation authorized for each cost center and may make transfers among the various line items contained in the cost center appropriation. However, no transfers of appropriations for line items related to personnel or capital outlays may be made without prior Board approval by budget amendment. Section 10. Appropriation Not a Mandate to Spend. Appropriations will be deemed maximum authorizations to incur expenditures. The Fiscal Officer shall exercise supervision and control to ensure that expenditures are within appropriations and shall not issue any Township order for expenditures that exceed appropriations. Section 11. Transfer Authority. The Budget Officer shall have the authority to make transfers among the various cost centers (or line items) without prior board approval, if the amount to be transferred does not exceed $800 or 5 percent of the appropriation item from which the transfer is to be made, whichever is less. The Board shall be notified at its next meeting of any such transfers made and reserves the right to modify, amend or nullify any such transfers made. Under no circumstances may the total general fund budget be changed without prior Board approval. Section 12. Periodic Fiscal Reports. A. The Fiscal Officer shall prepare a monthly financial report for the Board. The report will be current through the last day of the previous month, and shall be presented to the Board at its monthly meeting. The financial report for each fund will show the following information for revenues and expenditures: 1. Check number. 2. Description. 3. Original budget. 4. Amended budget. General Appropriations Act Ordinance Adopted 1998 Page 2

121 5. Current period. 6. Year to date. 7. Budget balance. 8. Unencumbered budget balance. B. The Fiscal Officer shall prepare a monthly balance sheet showing the assets, liabilities and equities for each fund. C. The Treasurer shall prepare a quarterly report of all interest bearing activities, including the name of the financial institution, type of investment, anticipated yield and date of maturity. D. The Fiscal Officer shall review the financial reports prior to the Board meeting, and shall recommend to the Board any necessary budget amendments or fund transfers. Section 13. Limit on Obligations and Payments. No obligation shall be incurred against and no payment shall be made from any appropriation account unless there is a sufficient unencumbered balance in the appropriation and sufficient funds are or will be available to meet the obligation. Section 14. Budget Monitoring. Whenever it appears to the Budget Officer or the Township Board that the actual and probable revenues in any fund will be less than the estimated revenues upon which appropriations from such fund were based, and when it appears that expenditures shall exceed an appropriation, the Budget Officer shall present to the Township Board recommendations to prevent expenditures from exceeding available revenues or appropriations for the current fiscal year. Such recommendations shall include proposals for reducing appropriations, increasing revenues or both. Section 15. Violations of this Act. Any obligation incurred or payment authorized in violation of this Ordinance shall be void and shall subject any responsible official(s) or employees to disciplinary action as outlined in Act 621, P.A. 1978, and as deemed appropriate by the Township Board. General Appropriations Act Ordinance Adopted 1998 Page 3

122 DANGEROUS BUILDINGS ORDINANCE (Ord. No ) AN ORDINANCE to promote the health, safety and welfare of the people of the Charter Township of Caledonia, Kent County, Michigan by regulating the maintenance and safety of certain buildings and structures; to define the classes of buildings and structures affected by the ordinance; to establish administrative requirements and prescribe procedures for the maintenance or demolition of certain buildings and structures; to establish remedies, provide for enforcement, and fix penalties for the violation of this Ordinance; and to repeal all ordinances or parts of ordinances in conflict therewith. THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Title. This Ordinance shall be known and cited as the Caledonia Township Dangerous Buildings Ordinance. Section 2. Definition of Terms. As used in this Ordinance, including in this section, the following words and terms shall have the meanings stated herein: A. Dangerous building means any building or structure, residential or otherwise, that has one or more of the following defects or is in one or more of the following conditions: 1. A door, aisle, passageway, stairway or other means of exit does not conform to the Caledonia Township Fire Code or Caledonia Township Building Code. 2. A portion of the building or structure damaged by fire, wind, flood or other cause so that the structural strength or stability of the building or structure is appreciably less than it was before the catastrophe and does not meet the minimum requirements of the Caledonia Township Building Code for a new building or structure, purpose or location. 3. A part of the building or structure is likely to fall, become detached or dislodged, or collapse, and injure persons or damage property. 4. A portion of the building or structure has settled to such an extent that walls or other structural portions of the building or structure have materially less resistance to wind than is required in the case of new construction by the Township Building Code. 5. The building or structure, or a part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, or the removal or movement of some portion of the ground necessary for the support, or for other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fall or give way. 6. The building or structure, or a part of the building or structure, is manifestly unsafe for the purpose for which it is used. Dangerous Buildings Ordinance Adopted 1998 Page 1

123 7. The building or structure is damaged by fire, wind or flood, or is dilapidated or deteriorated and becomes an attractive nuisance to children who might play in the building or structure to their danger, or becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful or immoral act. 8. A building or structure used or intended to be used for dwelling purposes, including the adjoining grounds, because of dilapidation, decay, damage, faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation, is in a condition that the health officer of the township or county determines is likely to cause sickness or disease, or is likely to injure the health, safety or general welfare of people living in the dwelling. 9. A building or structure is vacant, dilapidated and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers. 10. A building or structure remains unoccupied for a period of 180 consecutive days or longer, and is not listed as being available for sale, lease or rent with a real estate broker licensed under Article 25 of the Occupational Code, Act No. 299 of the Public Acts of 1980, being Sections et. seq. of the Michigan Compiled Laws, or is not publicly offered for sale by the owner. This subdivision does not apply to either of the following: the following: a. A building or structure as to which the owner or agent does both of 1. Notifies the Township Building Department that the building or structure will remain unoccupied for a period of 180 consecutive days. The notice shall be given by the owner or agent not more than 30 days after the building or structure becomes unoccupied. 2. Maintains the exterior of the building or structure and adjoining grounds in accordance with this Ordinance and the Township Building Code. b. A secondary dwelling of the owner that is regularly unoccupied for a period of 180 days or longer each year, if the owner notifies the Township Building Department that the dwelling will remain unoccupied for a period of 180 consecutive days or more each year. An owner who has given the notice prescribed by this subparagraph shall notify the Township Building Department not more than 30 days after the dwelling no longer qualifies for this exception. As used in this subparagraph, secondary dwelling means a dwelling such as a vacation home, hunting cabin or summer home, that is occupied by the owner or a member of the owners family during part of year. B. Enforcing agency means the Charter Township of Caledonia, through its Building Official, Code Enforcement Official, and/or such other official(s) or agency as may be designated by the Township to enforce this Ordinance. Dangerous Buildings Ordinance Adopted 1998 Page 2

124 C. Building Code means the building code administered and enforced by Caledonia Township, pursuant to the State Construction Code Commission Act, Act No. 230 of the Public Acts of 1972, as amended, being section et. seq. of the Michigan Compiled Laws. Section 3. Prohibition of Dangerous Buildings. It shall be unlawful for any owner or agent thereof to keep or maintain any building or part thereof which is a dangerous building as defined in this Ordinance. Section 4. Notice of Dangerous Building; Hearing. A. Notice Requirement. Notwithstanding any other provision of this Ordinance, if a building or structure is found to be a dangerous building, the enforcing agency shall issue a notice that the building or structure is a dangerous building. B. Parties Entitled to Notice. The notice shall be served on each owner of or party in interest in the building or structure in whose name the property appears on the last local tax assessment records of the Township. C. Contents of Notice. The notice shall specify the time and place of a hearing on whether the building or structure is a dangerous building and state that the person to whom the notice is directed shall have the opportunity at the hearing to show cause why the building or structure should not be demolished, otherwise made safe, or properly maintained. D. Service of Notice. The notice shall be in writing and shall be served upon the person to whom the notice is directed either personally or by certified mail, return receipt requested, addressed to the owner or party in interest at the address shown on the tax records. If a notice is served upon a person by certified mail, a copy of the notice shall also be posted upon a conspicuous part of the building or structure. The notice shall be served upon the owner or party in interest at least ten days before the date of the hearing included in the notice. Section 5. Dangerous Building Hearing Officer; Duties; Hearing; Order. A. Appointment of Hearing Officer. The Hearing Officer shall be appointed by the Township Supervisor to serve at his or her pleasure. The Hearing Officer shall be a person who has expertise in housing matters, including, but not limited to, an engineer, architect, building contractor, building inspector, or member of a community housing organization. An employee of the enforcing agency shall not be appointed as a Hearing Officer. B. Filing Dangerous Building Notice with Hearing Officer. The enforcing agency shall file a copy of the notice of the dangerous condition of any building with the Hearing Officer. C. Hearing Testimony and Decision. At a hearing prescribed by this Ordinance, the Hearing Officer shall take testimony of the enforcing agency, the owner of the property, and any interested party. Not more than five days after completion of the hearing, the Hearing Officer shall render a decision either closing the proceedings or ordering the building or structure demolished, otherwise made safe, or properly maintained. Dangerous Buildings Ordinance Adopted 1998 Page 3

125 D. Compliance with Hearing Officer Order. If the Hearing Officer determines that the building or structure should be demolished, otherwise made safe, or properly maintained, the Hearing Officer shall so order, fixing a time in the order for the owner, agent or lessee to comply with the order. If the building is a dangerous building under Section 2.A.10 of this Ordinance, the order may require the owner or agent to maintain the exterior of the building and adjoining grounds owned by the owner of the building including, but not limited to, the maintenance of lawns, trees and shrubs. E. Noncompliance with Hearing Officer Order/Request to Enforce Order. If the owner, agent or lessee fails to appear or neglects or refuses to comply with the order issued under Section 5.D of this Ordinance, the Hearing Officer shall file a report of the findings and a copy of the order with the Dangerous Building Board of Appeals pursuant to Section 9 of this Ordinance. The Hearing Officer shall file the report of the findings and a copy of the order with the Board of Appeals and request that necessary action be taken to enforce the order. A copy of the findings and order of the Hearing Officer shall be served on the owner, agent or lessee in the manner prescribed in Section 4.D of this Ordinance. Section 6. Enforcement Hearing. The Dangerous Building Board of Appeals shall fix a date not less than 30 days after the hearing prescribed in Section 5.0 of this Ordinance for a hearing on the findings and order of the Hearing Officer and shall give notice to the owner, agent or lessee in the manner prescribed in Section 4.D of this Ordinance of the time and place of the hearing. At the hearing, the owner, agent or lessee shall be given the opportunity to show cause why the order should not be enforced. The Board of Appeals shall either approve, disapprove or modify the order. If the Board of Appeals approves or modifies the order, the Township Board shall take all necessary action to enforce the order. If the order is approved or modified, the owner, agent or lessee shall comply with the order within 60 days after the date of the hearing under this section. In the case of an order of demolition, if the Board of Appeals determines that the building or structure has been substantially destroyed by fire, wind, flood or other natural disaster and the cost of repair of the building or structure will be greater than the state equalized value of the building or structure, the owner, agent or lessee shall comply with the order of demolition within 21 days after the date of the hearing under this section. Section 7. Implementation and Enforcement of Remedies. A. Implementation of Order. In the event of the failure or refusal of the owner or party in interest to comply with the decision of the Board of Appeals, the Township Board may, in its discretion, contract for the demolition, making safe or maintaining the exterior of the building or structure or grounds adjoining the building or structure. B. Reimbursement of Costs. The costs of the demolition, of making the building safe, or of maintaining the exterior of the building or structure or grounds adjoining the building or structure, incurred by the Township to bring the property into conformance with this Ordinance shall be reimbursed to the Township by the owner or party in interest in whose name the property appears. C. Notice of Costs. The owner or party in interest in whose name the property appears upon the last local tax assessment records shall be notified by the Township Assessor of the amount of the costs of the demolition, of making the building safe, or of maintaining the Dangerous Buildings Ordinance Adopted 1998 Page 4

126 exterior of the building or structure or grounds adjoining the building or structure, by first class mail at the address shown on the Township records. D. Lien for Unpaid Costs. If the owner or party in interest fails to pay the costs within 30 days after mailing by the assessor of the notice of the amount of the cost, in the case of a single family dwelling or a two family dwelling, the Township shall have a lien for the costs incurred by the Township to bring the property into conformance with this Ordinance. The lien shall not take effect until notice of the lien has been filed or recorded as provided by law. A lien provided for in this subsection does not have priority over previously filed or recorded liens and encumbrances. The lien for the costs shall be collected and treated in the same manner as provided for property tax liens under the General Property Tax Act, Act No. 206 of the Public Acts of 1893, as amended, being Section et. seq. of the Michigan Compiled Laws. E. Court Judgment for Unpaid Costs. In addition to other remedies under this Ordinance, the Township may bring an action against the owner of the building or structure for the full cost of the demolition, of making the building safe, or of maintaining the exterior of the building or structure or grounds adjoining the building or structure. In the case of a singlefamily dwelling or a two-family dwelling, the Township shall have a lien on the property for the amount of a judgment obtained pursuant to this subsection. The lien provided for in this subsection shall not take effect until notice of the lien is filed and recorded as provided for by law. The lien does not have priority over prior filed or recorded liens and encumbrances. F. Enforcement of Judgment. A judgment in an action brought pursuant to Section 7.E of this Ordinance may be enforced against assets of the owner other than the building or structure. G. Lien for Judgment Amount. In the case of a single-family dwelling or a two family dwelling the Township shall have a lien for the amount of a judgment obtained pursuant to Section 7.E of this Ordinance against the owners interest in all real property located in this state that is owned in whole or in part by the owner of the building or structure against which the judgment is obtained. A lien provided for in this subsection does not take effect until notice of the lien is filed or recorded as provided by law, and the lien does not have priority over prior filed or recorded liens and encumbrances. Section 8. Sanction for Nonconformance with Order. Any person or other entity who fails or refuses to comply with an order approved or modified by the Board of Appeals under Section 6 of this Ordinance within the time prescribed by that Section is responsible for a municipal civil infraction as defined by Michigan law and subject to a civil fine of not more than $500.00, plus costs, which may include all direct or indirect expenses to which the Township has been put in connection with the violation. A violator of this Ordinance shall also be subject to such additional sanctions, remedies, and judicial orders as are authorized under Michigan law. Each day a violation of this Ordinance continues to exist constitutes a separate violation. Section 9. Dangerous Building Board of Appeals A. Establishment and Duties. The Township Board shall establish a Dangerous Building Board of Appeals to hear all of the cases and carry out all of the duties described in Dangerous Buildings Ordinance Adopted 1998 Page 5

127 Section 6 of this Ordinance. The establishment and operation of the Board of Appeals shall be controlled by the following provisions of this section. B. Membership. The Board of Appeals shall be appointed by the Township Board and shall consist of the following members: 1. A building contractor; 2. A registered architect or engineer; 3. Two members of the general public; 4. An individual registered as a building official, plan reviewer or inspector under the Building Officials and Inspectors Registration Act, Act No. 54 of the Public Acts of 1986, being Section et. seq. of the Michigan Compiled Laws. The individual may not be an employee of the enforcing agency. C. Term of Office. Board of Appeals members shall be appointed for three years, except that of the members first appointed, two members shall serve for one year, two members shall serve for two years, and one member shall serve for three years. A vacancy created other than by expiration of a term shall be filled for the balance of the unexpired term in the same manner as the original appointment. A member may be reappointed for additional terms. D. Officers. The Board of Appeals annually shall select a chairperson, vice chairperson and a secretary. E. Quorum and Final Action Votes. A majority of the Board of Appeals members appointed and serving constitutes a quorum. Final action of the Board of Appeals shall be only by affirmative vote of a majority of the board members appointed and serving. F. Compensation and Expenses. The Township Board shall fix the amount of any per diem compensation provided to the members of the Board of Appeals. Expenses of the Board of Appeals incurred in the performance of official duties may be reimbursed as provided by law for employees of the Township Board. G. Open Meetings Act Applicable. A meeting of the Board of Appeals shall be held pursuant to the Open Meetings Act, Act No. 267 of the Public Acts of 1976, as amended, being Section et. seq. of the Michigan Compiled Laws. Public notice of the time, date and place of the meeting shall be given in the manner required by the Open Meetings Act. H. Freedom of Information Act Applicable. A writing prepared, owned, used, in the possession of, or retained by the Board of Appeals in the performance of an official function shall be made available to the public pursuant to the Freedom of Information Act, Act No. 442 of the Public Acts of 1976, as amended, being Section et. seq. of the Michigan Compiled Laws. Dangerous Buildings Ordinance Adopted 1998 Page 6

128 Section 10. Appeal of Board of Appeals Decision. An owner aggrieved by any final decision or order of the Board of Appeals under Section 6 of this Ordinance may appeal the decision or order to the Circuit Court by filing a petition for an order of superintending control within 20 days from the date of the decision. Section 11. Severability. Should any section or part thereof of this Ordinance be declared unconstitutional, null or void by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining sections or parts thereof of this Ordinance. Section 12. Effective Date. This Ordinance shall take effect upon its publication in a newspaper of general circulation, or upon the publication of a summary of its provisions. Dangerous Buildings Ordinance Adopted 1998 Page 7

129 BOCA NATIONAL FIRE PREVENTION CODE ORDINANCE (Ord. No ) AN ORDINANCE adopting the BOCA National Fire Prevention Code, establishing the minimum regulations governing the safeguarding of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or other premises. THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Purpose. The purpose of this Ordinance is to prescribe minimum requirements and controls to safeguard life, property and the public welfare from the hazards of fire and explosion arising from the storage, handling or use of hazardous substances, materials or devices, and from conditions hazardous to life, property and the public welfare in the use or occupancy of structures, buildings, sheds, tents, lots or premises within the Charter Township of Caledonia. Section 2. Adoption of Fire Prevention Code by Reference. Pursuant to the provisions of Section 5 of Act No. 33 of the Public Acts of 1951, as amended, the BOCA National Fire Prevention Code, Eleventh Edition, 1999, as published by the Building Officials and Code Administrators International, Inc., is HEREBY ADOPTED as the Fire Prevention Code of the Charter Township of Caledonia. All of the regulations, provisions, penalties, conditions and terms of said 1999 BOCA National Fire Prevention Code (the Code ) are hereby adopted and made a part hereof, as if fully set out in this Ordinance, with any additions, deletions and changes set forth in this Ordinance. Section 3. Name of Jurisdiction. The Code as adopted by this Ordinance is amended so as to insert the name of the Charter Township of Caledonia in Section F thereof. Section 4. Designation of Code Official. Wherever the term Code Official is used in the Code, it shall refer to the Caledonia Township Fire Marshal. Section 5. Storage of Explosives. The limited areas referred to in Section F of the Code in which the storage of explosives and blasting agents is prohibited, are hereby established as all land within the Charter Township of Caledonia, except any land within the I-2 Heavy Industrial District under the Charter Township of Caledonia Zoning Ordinance; provided, however, that the temporary storage of explosives and blasting agents shall be permitted on any lands within the Township in connection with approved blasting operations, but for no other purposes. Section 6. Penalties. Section of the Code is hereby amended to read as follows: BOCA National Fire Prevention Code Ordinance Adopted 2000 Page 1

130 F Penalty for Violations: Any person who shall violate any of the provisions of this Code or fail to comply with any order issued pursuant to any section thereof shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or not to exceed $500 or by imprisonment for not more than 90 days. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 7. Nuisance Per Se. Any building or structure which is erected, altered, maintained or used, and any use made of land in violation of the terms of this Ordinance, is declared to be a nuisance per se. Section 8. Severability. In the event that any section or provision of this Ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other articles, sections or provisions of this Ordinance, except so far as the article, section or portion so declared invalid shall be inseparable from the remainder of any portion thereof. Section 9. Other Matters. Ordinance No and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. The provisions of this Ordinance pertaining to fireworks are in addition to all other Township ordinances and State law pertaining to fireworks. This Ordinance shall become effective upon the publication of a summary of its provisions in a local newspaper of general circulation. BOCA National Fire Prevention Code Ordinance Adopted 2000 Page 2

131 TOWNSHIP MANAGER AND PLANNER ORDINANCE (Ord. No ) AN ORDINANCE to establish the office of Township manager and planner. THE CHARTER TOWNSHIP OF CALEDONIA HEREBY ORDAINS: Section 1. Office of Township Manager and Planner. Pursuant to Section 9 of the Charter Township Act, MCL 42.9, and, in addition, the powers granted to townships pursuant to MCL 41.75a (as conferred upon charter townships pursuant to MCL 42.1(2)), the Township shall employ a person in a position to be known as Township Manager and Planner. The Manager and Planner shall have the functions and responsibilities set forth in this Ordinance. The Manager and Planner shall not be a superintendent, as defined in Section 10 of the Charter Township Act, MCL Section 2. Selection/Appointment. The Township Board shall appoint and reappoint a person, on the basis of training and experience, to fill the position of Township Manager and Planner. The person serving in that position at the effective date of this Ordinance shall continue in that position, subject to the terms and conditions of employment. The Township Board shall have the sole power to remove the Township Manager and Planner from said position. The Manager and Planner shall receive compensation and benefits appropriate to the qualifications and performance of the Manager and Planner, as determined by the Township Board from time to time. Section 3. Duties of Manager and Planner. Under the general direction of the Township Board and reporting to the Township Supervisor, the Manager and Planner acts as Chief Administrative Officer and Director of Planning, implements the policies and directives of the Board, coordinates internal services involving personnel management, financial management, purchasing, grant funding, performs various research and development activities assigned by the Board, organizes and directs programs to guide future utilization of Township land, physical facilities and socio-economic resources. The Manager and Planner supervises appointed department heads, supports personnel and contractors, maintains various records and prepares a variety of reports. The duties of the Manager and Planner include: 1. Assisting the Township Supervisor in planning, coordination and submittal of the annual operating and capital budgets proposed to the Township Board. 2. Providing staff assistance to the Board in the formulation of long-range financial plans, multi-year capital improvement planning and the development/implementation of financial policies. 3. Conducting planning studies of Township resources and physical surroundings, identifying trends, producing courses of action and developing priorities, and making alternative recommendations based upon available facts. 4. Assisting the Supervisor and Board in development of specifications, bidding and procurement procedures for the Township. Township Manager and Planner Ordinance Adopted 2000 Page 1

132 5. Serving as senior policy advisor to the Board and Planning Commission, researching alternatives and submitting policy recommendations. 6. Assisting in the development of new ordinances and amendment of outdated ordinances. 7. Supervising and supporting Board-appointed staff by providing technical assistance and advice in the areas of administrative management, general operations and interpretation of Board policies. 8. Making authoritative recommendations for the appointment or removal of Board-appointed personnel. 9. Developing and maintaining a system of personnel management, including recruitment, classification/compensation and employment standards. policies. 10. Overseeing the administration of and compliance with Township Board 11. Managing major administrative and other related projects on behalf of the Township Board. 12. Coordinating and administering contracts on behalf of the Township. 13. Overseeing the enforcement of all Township laws and ordinances. 14. Reviewing site and subdivision plans using basic planning principles and land se practices to prepare various maps, designs and layouts. 15. Representing the Township Board and Planning Commission both internally and externally, serving as the central contact point for Township personnel and contractors, providing information to citizens, conducting media relations and representing the Township in various local, regional, state and federal agencies and organizations. 16. Managing and supervising all public improvements, works and undertakings of the Township. 17. Monitoring Township government operations on behalf of the Board and conducting various types of evaluations when instructed to do so by the Board. 18. Ensuring that all terms and conditions imposed in favor of the Township or its inhabitants in any public utility franchise, or in any contract, are faithfully kept and performed. 19. Maintaining a current level of knowledge of public administration, land use planning and regulation, and related disciplines through active membership in appropriate professional organizations, monitoring professional journals and publications, and participating in related training conferences and seminars. Township Manager and Planner Ordinance Adopted 2000 Page 2

133 20. Conducting seminars and coordinating meetings and speeches with public sector, professional and civic groups on various aspects and needs of township government, planning and community development. 21. Frequently meeting with community residents and/or assisting by phone or through written correspondence on questions regarding Township government, planning, land use, complaints and requests for information and/or advice. 22. Performing other duties of a like nature as may be assigned by the Township Board from time to time. Section 4. Supervision of Manager and Planner. The Manager and Planner shall be under the day-to-day supervision of the Township Supervisor, but shall ultimately report to Township Board. Section 5. Publication/Effective Date. This Ordinance, or a summary of its provisions, shall be published in a newspaper as provided by law. This Ordinance shall take effect immediately upon such publication. Township Manager and Planner Ordinance Adopted 2000 Page 3

134 MICHIGAN BUILDING, MECHANICAL AND PLUMBING CODES ORDINANCE (Ord. No ) AN ORDINANCE to Adopt the Michigan Building, Mechanical and Plumbing Codes and to Repeal Ordinance Nos , 98-03, 98-04, and THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Section 1. Adoption of Michigan Building, Mechanical and Plumbing Codes by Reference. Pursuant to the provisions of Sections 8a and 8b of the Stille-DeRossett-Hale Single State Construction Code Act, Act 230, PA 1972, as amended, the Township hereby adopts by reference and elects to administer and enforce the provisions of the Michigan Building, Mechanical and Plumbing Codes, being Rule , et. seq. of the Michigan Administrative Code, as amended from time to time (the Code ). Section 2. References in Code. References in the Code to governmental subdivision shall mean the Charter Township of Caledonia. References in the Code to enforcing agency shall mean the Building Inspections Department of the Charter Township of Caledonia. References in the Code to building official shall mean the Building Inspector of the Charter Township of Caledonia. Section 3. Electrical Inspector. The Township Board shall appoint an Electrical Inspector who shall be designated as the official to administer and enforce the electrical code requirements of the Code. A person appointed by the Township Board to administer and enforce Ordinance No at and prior to the effective date of this Ordinance shall be the Electrical Inspector and shall not require re-appointment by the Township Board. Section 4. Plumbing Inspector. The Township Board shall appoint a Plumbing Inspector who shall be designated as the official to administer and enforce the plumbing code requirements of the Code. A person appointed by the Township Board to administer and enforce Ordinance No at and prior to the effective date of this Ordinance shall be the Plumbing Inspector and shall not require re-appointment by the Township Board. Section 5. Fees. Fees for inspection, issuance of permits and all other activities performed by employees or officials of the Building Inspections Department, the Plumbing Inspector or Electrical Inspector shall be established by resolution of the Township Board. Section 6. Violations. A violation of this Ordinance is a municipal civil infraction, for which the fine shall be not less than $100 nor more than $500 for the first offense and not less than $200, nor more than $2,500 for subsequent offenses, in the discretion of the court, and in addition to all other costs, damages, and expenses provided by law. For purposes of this section, subsequent offense means a violation of this Ordinance committed with respect to a separate incident by the same person within 12 months of a previous violation of the ordinance for which said person admitted responsibility or was adjudicated to be responsible. Each day that such violation occurs shall constitute a separate offense. Michigan Building, Mechanical and Plumbing Codes Ordinance Adopted 2001 Page 1

135 Section 7. Severability. Should any portion of this Ordinance be declared invalid, the remaining portions shall remain in full force and effect. Section 8. Repeal. The following ordinances and any amendments thereto are hereby repealed in their entirety: A. Ordinance No , adopting the 1996 BOCA Building Code; B. Ordinance No , adopting the 1996 National Electric Code; C. Ordinance No , adopting the 1996 International Mechanical Code; and D. Ordinance No , adopting the International Plumbing Code. Section 9. Publication/Effective Date. This Ordinance or a summary of its provisions shall be published in a local newspaper of general circulation within 30 days after adoption. This Ordinance shall become effective 60 days after adoption. Michigan Building, Mechanical and Plumbing Codes Ordinance Adopted 2001 Page 2

136 CRIMINAL CHECK VIOLATION ORDINANCE (Ord. No ) AN ORDINANCE relative to the enforcement of checks drawn without sufficient funds or on a closed account. THE TOWNSHIP BOARD OF CALEDONIA ORDAINS AS FOLLOWS: This Ordinance shall be known and cited as the Caledonia Criminal Check Violation Ordinance. Section 1. Definitions. When used in the ordinance, the following terms shall have the following meanings: A. Check shall mean any check, draft or order for the payment of money, to apply on account or otherwise, upon any bank or other depository. B. Dishonored shall mean: 1. Any check, draft or order drawn or written on any account, or otherwise, upon any bank or other depository, without sufficient funds for the payment of same when presentation is made to a drawee. 2. Any check drawn or order drawn or written on any account which has been closed with or by the bank or other depository upon which it is drawn. C. Address of Record shall mean the address that appears on the check or the last known address of record with the Secretary of State at the time the check was presented for payment of goods or services. Section 2. Checks Drawn Without Sufficient Funds. A. No person shall with intent to defraud, make, draw, utter or deliver any check, draft or order for the payment of money, to apply on account or otherwise, upon any bank or other depository, knowing at the time of the making, drawing or uttering or delivering, that the maker or drawer does not have sufficient funds in or credit with the bank or other depository, for the payment of the check, draft, or order in full upon such check, draft or order in any amount. B. No person shall with intent to defraud make, draw, utter or deliver any check, draft or order for the payment of money to apply on account or otherwise, upon any bank or other depository, unless the person has sufficient funds for payment for same when presentment is due to the drawee in any amount, except where the lack of funds is due to garnishment attachment, levy, or other lawful cause, and such fact was not known to the person who made, drew, uttered or delivered the instrument at the time of doing so. C. As against the maker or drawer thereof, the making, drawing, uttering or delivering, of a check, draft or order, payment of such is refused by the drawee, when presented in the usual course of business, shall be prima facie evidence of intent to defraud and of Criminal Check Violation Ordinance Adopted 2002 Page 1

137 knowledge of insufficient funds in or credit with such bank or other depository, provided such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with all cost and protest fees within five business days after receiving notice that such check, draft or order has not been paid by the drawee. D. Where such check, draft or order is protested on the ground of insufficiency of funds or credit, the notice of protest thereof shall be admissible as proof of presentation, nonpayment and protest, and shall be prima facie evidence of intent to defraud and knowledge of insufficient funds or credit with such bank or other depository. Section 3. Penalty. The penalty for a person convicted of the violation shall be a fine of not more than $ and costs of prosecution and cost recovery or by imprisonment of not more than 90 days, or both such fine and imprisonment in the discretion of the court. Each act of this violation and every day upon which any such violation shall occur shall constitute a separate offense. Section 4. thereof. Effective Date. This Ordinance shall take effect ten days after publication Criminal Check Violation Ordinance Adopted 2002 Page 2

138 CHECK VIOLATION ORDINANCE (Ord. No ) AN ORDINANCE relative to the collection of expenses relating to the handling and enforcement of dishonored checks. THE TOWNSHIP BOARD OF CALEDONIA ORDAINS AS FOLLOWS: Section 1. Purpose. The Township of Caledonia finds that a significant number of checks are written and dishonored within its geographical boundaries causing serious financial loss and hardship to citizens and merchants therein. In addition, the Township of Caledonia finds that the financial loss and hardship incurred by its citizens and merchants seriously impacts on the stream of commerce and the general public by causing increases in the costs of goods and services. As a result of these determinations, a greater operational and financial burden is placed on local law enforcement and legal service by persons who are placing dishonored checks into the stream of commerce. Section 2. Definitions. When used in this Ordinance the following terms shall have the following meaning: A. Check shall mean any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository. B. Dishonored shall mean: 1. Any check, draft or order drawn or written on any account, or otherwise, upon any bank or other depository, without sufficient funds for the payment of same when presentation is made to the drawee. 2. Any check, draft or order drawn or written on any account which has been closed with or by the bank or other depository upon which it s drawn. 3. Any check, draft or order drawn or written on any account for stop payment, any bank administrative purpose or any other reason that caused the check to become dishonored when presentation is made to the drawee. Exceptions include: (i) (ii) A check that was stolen and passed. A stop payment check where a verified dispute exists between the two parties. C. Expenses of Dishonored Check Response shall mean the direct and reasonable cost incurred by the Township of Caledonia, the County of Kent, or to a private person or corporation operating at the request and direction of the Township of Caledonia and the County of Kent, when making a dishonored check response, including the cost of providing police, legal counsel and/or administrative services in response to any dishonored check. These costs further include all of the wages and salaries of the Kent County personnel, acting as agents for the Check Violation Ordinance Adopted 2002 Page 1

139 Township of Caledonia and/or contractors responding to the incident, all salaries and wages of the personnel and contractors engaged in investigations, supervision and report preparation, and all costs collected with the administration and provision of any prosecution of the person causing their incident. D. Address of Record shall mean the address that appears on the check or the last known address of record with the Secretary of State at the time the check was presented for payment of goods services. Section 3. Liability for the Expense of Dishonored Check Response. A. Person Responsible. Any person is liable for the expense of a dishonored check response, if such person proximately causes any incident resulting in a dishonored check response. B. Presumptions Shall Mean. 1. For the purpose of this Ordinance a person is presumed to be the proximate cause of an incident if said person makes, draws, utters or delivers any dishonored check or causes directly or indirectly a check to become dishonored. 2. For the purpose of this Ordinance a person is presumed to have acted with intent to defraud if said person shall not have paid the drawer thereof the amount due therein, together with all costs and protest fees, including the fees assessed hereunder, within five business days after receiving notice by first class mail to the last known address of record that such check, draft or order has not been paid by the drawee. C. Charges Against Person. The expenses of a dishonored check response shall be a charge against the person liable for the expense under this Ordinance. The charge constitutes a debt of that person and is collectible by the Township of Caledonia, and the County of Kent for incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied. D. Cost Recovery Schedule. The Caledonia Township Board shall, by resolution, adopt a schedule of costs included within the expense of the dishonored check response. This schedule shall be available to the public from either the Caledonia Township Clerk, Township Supervisor or the Kent County Sheriff s Department. E. Billing. The Chief Administrative Officer, or his or her designee, may submit a bill for the dishonored check response by first class mail to the last known address of record or personal service to the person liable for the expenses as enumerated under this Ordinance. The bill(s) shall require full payment within 30 consecutive days from the date of service. Service by mail shall be effective upon depositing said bill in a United States Postal Service receptacle. In no event shall billing be permitted after one year from the last expense incurred. F. Failure to Pay, Procedures to Recover Costs. Any failure by any person described in this Ordinance as liable for the expense of a dishonored check response, to pay the bill within 30 consecutive days of service shall be considered in default. In case of default, the Check Violation Ordinance Adopted 2002 Page 2

140 Township of Caledonia and the County of Kent may commerce civil suit to recover the expenses and any costs allowed by the law. Section 4. Severability. The phrases, sentences, sections and provisions of this Ordinance are severable and the finding that any portion hereof is unconstitutional or otherwise unenforceable shall not detract from or effect the enforceability of the remainder of this Ordinance. Section 5. Effective Date. This Ordinance shall be effective ten days after publication thereof. Check Violation Ordinance Adopted 2002 Page 3

141 STORM WATER ORDINANCE (Ord. No ) AN ORDINANCE to provide for the regulation and control of storm water runoff; to provide for storm water permits and the procedures and standards for the issuance thereof; to provide for payment or reimbursement of costs and expenses incurred by the Township associated with storm water permits and the consideration thereof; to establish standards and requirements for the protection of floodways and for the control of soil erosion and sedimentation; to adopt other provisions for the establishing, maintaining and protection of drains and drainageways; to provide regulations for the inspection, sampling and monitoring of storm water and other discharges; to prohibit the discharge of substances other than storm water to a water body or a storm drain; to establish performance and design standards for determining the permitted rate of storm water runoff from development sites and for achieving other storm water management controls in and for specified zones of the Township; and to provide penalties for violations of the ordinance. THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Article I General Sec Statutory Authority and Title. This ordinance is adopted in accordance with the Township Ordinance Act, as amended, being MCL , et seq.; the Township and Village Public Improvement Act, as amended, being MCL , et seq.; the Drain Code of 1956, as amended, being MCL 280.1, et seq.; the Land Division Act, as amended, being MCL 560.1, et seq.; the Revenue Bond Act, as amended, being MCL , et seq.; the Natural Resources and Environmental Protection Act, as amended, being MCL , et seq.; Section 401(p) of the Federal Water Pollution Control Act (also known as the Clean Water Act), as amended, being 33 USC 1342(p) and 40 CFR Parts 9, 122, 123 and 124; and other applicable state and federal laws. This ordinance shall be known and may be cited as the Charter Township of Caledonia Storm Water Ordinance. Sec Findings. The Township finds that: (1) Water bodies, roadways, structures, and other property within, and downstream of the Township are at times subjected to flooding; (2) Flooding is a danger to the lives and property of the public and is also a danger to the natural resources of the Township and the region; (3) Land development alters the hydrologic response of watersheds, resulting in increased storm water runoff rates and volumes, increased flooding, increased stream channel erosion, and increased sediment transport and deposition; Storm Water Ordinance Adopted 2003 Page 1

142 (4) Storm water runoff produced by land development contributes to increased quantities of water-borne pollutants; (5) Increases of storm water runoff, soil erosion, and non-point source pollution have occurred as a result of land development, and cause deterioration of the water resources of the Township and downstream municipalities; (6) Storm water runoff, soil erosion, and non-point source pollution, due to land development within the Township, have resulted in a deterioration of the water resources of the Township and downstream municipalities; (7) Increased storm water runoff rates and volumes, and the sediments and pollutants associated with storm water runoff from future development projects within the Township will, absent reasonable regulation and control, adversely affect the Township s water bodies and water resources, and those of downstream municipalities; (8) Storm water runoff, soil erosion, and non-point source pollution can be controlled and minimized by the regulation of storm water runoff from development; (9) Adopting the standards, criteria and procedures contained in this ordinance and implementing the same will address many of the deleterious effects of storm water runoff; (10) Adopting the standards and requirements stated in this ordinance, and assuring their implementation, is necessary for the protection of water bodies and other affected natural resources. (11) Adopting these standards is necessary for the preservation of the public health, safety and welfare. Sec Purpose. It is the purpose of this ordinance to establish minimum storm water management requirements and controls to accomplish, among others, the following objectives: (1) To reduce artificially induced flood damage; (2) To minimize increased storm water runoff rates and volumes from land development; (3) To prevent the deterioration of existing watercourses, culverts and bridges, and other structures; (4) To encourage water recharge into the ground where geologically favorable conditions exist; (5) To prevent non-point source pollution; (6) To maintain the integrity of stream channels for their biological functions, as well as for drainage and other purposes; Storm Water Ordinance Adopted 2003 Page 2

143 (7) To eliminate the impact of development upon stream bank and streambed stability; (8) To prevent erosion from development or construction projects; (9) To preserve and protect water supply facilities and water resources by means of controlling increased flood discharges, stream erosion, and runoff pollution; and, (10) To reduce storm water runoff rates and volumes, soil erosion, and non-point source pollution, wherever practicable, from lands that were developed without storm water management controls meeting the purposes and standards of this ordinance. (11) To regulate the rate and control the impact of storm water runoff from development sites, so as to prevent adverse effects on water bodies by reason of land development. (12) To reduce the adverse impact of changing land use on water bodies and, to that end, this ordinance establishes minimum standards to protect water bodies from degradation resulting from changing land use where there are insufficient storm water management controls. Sec Applicability, Exemptions and General Provisions. (1) This ordinance shall apply to any development site which requires approval of a plat, a site development plan, building permit, or any other permit for work which will alter storm water drainage characteristics of the development site, provided, however, that this ordinance shall not apply to the following: (a) The installation or removal of individual mobile homes within a mobile home park. This exemption shall not be construed to apply to the construction, expansion, or modification of a mobile home park. (b) Farm operations and buildings, except dwellings, directly related to farm operations. This exemption shall not apply to greenhouses and other similar structures. (c) Plats with preliminary plat approval and other developments with final land use approval prior to the effective date of this ordinance, where such approvals remain in effect. Sec Definitions. For the purpose of this ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this Section unless the context in which they are used specifically indicates otherwise: (1) Base Flood. A flood having a one (1) percent chance of being equaled or exceeded in any given year. (2) Base Flood Elevation. The high water elevation of the Base Flood, commonly referred to as the 100-year flood elevation. (3) Base Flood Plain. The area inundated by the Base Flood. Storm Water Ordinance Adopted 2003 Page 3

144 (4) Best Management Practices (BMPs). A practice, or combination of practices and design criteria that comply with the Michigan Department of Environmental Quality s Guidebook of BMPs for Michigan Watersheds, or, if required by the Township, equivalent or other practices and equivalent or other design criteria that accomplish the purposes of this ordinance (including, but not limited to minimizing or preventing storm water runoff and preventing the discharge of pollutants into storm water) as determined by the Township Engineer, and, where appropriate, the standards of the Kent County Drain Commissioner. (5) Building Opening. Any opening of a solid wall such as a window or door, through which floodwaters could penetrate. (6) Clean Water Act. The Federal Water Pollution Control Act, 33 USC Sec 1251 et seq., as amended, and the applicable regulations promulgated thereunder. (7) Construction Site Storm Water Runoff. Storm water runoff from a development site following an earth change. (8) Design Engineer. Registered and licensed professional engineer responsible for the design of a drainage plan. (9) Detention. A system which is designed to capture storm water and release it over a given period of time through an outlet structure at a controlled rate. (10) Developed or Development. The installation or construction of impervious surfaces on a development site that require, pursuant to state law or local ordinance, the Township s approval of a site plan, plat, site condominium, special land use, planned unit development, rezoning of land, land division approval, private road approval or other approvals required for the development of land or the erection of buildings or structures; provided, however, that for purposes of Article II only, developed or development shall not include the actual construction of, or an addition, extension or modification to, an individual single-family detached dwelling or an individual two-family detached dwelling. (11) Developer. Any person proposing or implementing the development of land, including any assignee or other successor of such person. (12) Development Site. Any land that is being or has been developed, or that a developer proposes for development or that is the subject of an earth change. (13) Discharger. Any person or entity who directly or indirectly discharges storm water from any property. Discharger also means any employee, officer, director, partner, contractor, or other person who participates in, or is legally or factually responsible for, any act or omission which is or results in a violation of this ordinance. (14) Drain. Any drain as defined in the Drain Code of 1956, as amended, being MCL 280.1, et. seq., other than an established county or intercounty drain. (15) Drainage. The collection, conveyance, or discharge of ground water and/or surface water. Storm Water Ordinance Adopted 2003 Page 4

145 (16) Drainageway. The area within which surface water or ground water is carried from one part of a lot or parcel to another part of the lot or parcel or to adjacent land. (17) Earth Change. Any human activity which removes ground cover, changes the slope or contours of the land, or exposes the soil surface to the actions of wind and rain. Earth change includes, but is not limited to, any excavating, surface grading, filling, landscaping, or removal of vegetative roots. (18) EPA. The United States Environmental Protection Agency. (19) Erosion. The process by which the ground surface is worn away by action of wind, water, gravity or a combination thereof. (20) Exempted Discharges. Discharges other than storm water as specified in Section 4.02 of this ordinance. (21) Federal Emergency Management Agency (FEMA). The agency of the federal government charged with emergency management. (22) Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of water bodies or the unusual and rapid accumulation of surface water runoff from any source. (23) Floodplain. Any land area subject to periodic flooding. (24) Flood-Proofing. Any structural and/or non-structural additions, changes, or adjustments to structures or property that reduce or eliminate flood damage to land, or improvements utilities and structures. (25) Flood Protection Elevation (FPE). The Base Flood Elevation plus one (1) foot at any given location. (26) Floodway. The channel of any watercourse and the adjacent land areas that must be reserved to carry and discharge a base flood without cumulatively increasing the water surface elevation more than one-tenth (1/10) of a foot due to the loss of flood conveyance or storage. (27) Grading. Any stripping, excavating, filling, and stockpiling of soil or any combination thereof and the land in its excavated or filled condition. (28) Illicit Connection. Any method or means for conveying an illicit discharge into water bodies or the Township s storm water system. (29) Illicit Discharge. Any discharge to water bodies that does not consist entirely of storm water, discharges pursuant to the terms of an NPDES permit, or exempted discharges as defined in this ordinance. (30) Impervious Surface. Surface that does not allow storm water runoff to slowly percolate into the ground. Storm Water Ordinance Adopted 2003 Page 5

146 (31) KCDC. Kent County Drain Commissioner. (32) Lowest Floor. The lowest floor or the lowest enclosed area (including a basement), but not including an unfinished or flood-resistant enclosure which is usable solely for parking of vehicles or building access. (33) MDEQ. Michigan Department of Environmental Quality. (34) NPDES. National Pollution Discharge Elimination System. (35) Overland Flow-way. Surface area that conveys a concentrated flow of storm water runoff. (36) Person. An individual, firm, partnership, association, public or private corporation, public agency, instrumentality, or any other legal entity. (37) Plan. Written narratives, specifications, drawings, sketches, written standards, operating procedures, or any combination of these which contain information pursuant to this ordinance. (38) Pollutant. A substance discharged which includes, but is not limited to the following: any dredged spoil, solid waste, vehicle fluids, yard wastes, animal wastes, agricultural waste products, sediment, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological wastes, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, commercial and agricultural waste, or any other contaminant or other substance defined as a pollutant under the Clean Water Act. (39) Property Owner. Any person having legal or equitable title to property or any person having or exercising care, custody, or control over any property. (40) Retention. A system which is designed to capture storm water and contain it until it infiltrates the soil or evaporates. (41) Soil Erosion. The stripping of soil and weathered rock from land creating sediment for transportation by water, wind or ice, and enabling formation of new sedimentary deposits. (42) State of Michigan Water Quality Standards. All applicable State rules, regulations, and laws pertaining to water quality, including the provisions of Section 3106 of Part 31 of 1994 PA 451, as amended. (43) Storm Drain. A system of open or enclosed conduits and appurtenant structures intended to convey or manage storm water runoff, ground water and drainage. (44) Storm Water Permit. A permit issued pursuant to this ordinance. (45) Storm Water Runoff. The runoff and drainage of precipitation resulting from rainfall or snowmelt or other natural event or process. Storm Water Ordinance Adopted 2003 Page 6

147 (46) Storm Water Runoff Facility. The method, structure, area, system, or other equipment or measures which are designed to receive, control, store, or convey storm water. (47) Stream. A river, stream or creek which may or may not be serving as a drain, or any other water body that has definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water. (48) Township. The Charter Township of Caledonia. (49) Water Body. A river, lake, stream, creek or other watercourse or wetlands. (50) Watershed. A region draining into a water body. (51) Wetlands. Land characterized by the presence of water at a frequency and duration sufficient to support wetland vegetation or aquatic life. Article II Storm Water Permits Sec Permit Required. (1) A developer shall not engage in any development without first receiving a storm water permit from the Township pursuant to Section (2) The granting of a storm water permit shall authorize only such development for which the permit is required, subject to the terms of the permit, and it shall not be deemed to approve other development or other land use activities. Sec Storm Water Permit Review Procedures. The Township shall grant a storm water permit, which may impose terms and conditions in accordance with Section 2.09, and which shall be granted only upon compliance with each of the following requirements: (1) The developer has submitted a drainage plan complying with Section (2) The drainage plan contains a description of an adequate, temporary storm water retention system to prevent construction site storm water runoff, satisfying the requirements of Section 2.05, and the developer has obtained a soil erosion permit, if necessary. (3) One of the following conditions is satisfied: (a) The developer provides: (1) A permanent on-site storm water system sufficient to provide, as required in the reasonable discretion of the Township, either on-site detention or on-site retention of storm water runoff in a twenty-five (25) year storm event, and (2) A direct connection for all storm water runoff that will be discharged from and through the development site in a one hundred (100) year storm event; or Storm Water Ordinance Adopted 2003 Page 7

148 (b) The developer provides a permanent on-site storm water system with a restricted outlet designed to result in no net increase in storm water runoff volume or rate onto any adjacent property in a one hundred (100) year storm event. (4) The developer has paid or deposited the storm water permit review fee pursuant to Section (5) The developer has paid or posted the applicable financial guarantee pursuant to Section (6) The developer provides all easements necessary to implement the approved drainage plan and to otherwise comply with this Ordinance including, but not limited to, Section All easements shall be acceptable to the Township in form and substance and shall be recorded with the Kent County Register of Deeds. (7) The drainage plan is designed in conformity with the Township s design and performance standards for drains and storm water management systems, as set forth in Article VIII. (8) All storm water runoff facilities shall be designed in accordance with the thencurrent BMPs. (9) The developer provides the required maintenance agreement for routine, emergency, and long-term maintenance of all storm water runoff facilities and in compliance with the approved drainage plan and this Ordinance including, but not limited to, Section The maintenance agreement shall be acceptable to the Township in form and substance and shall be recorded with the Kent County Register of Deeds. Sec Drainage Plan. The developer shall provide a drainage plan to the Township for review and approval by the Township. The drainage plan shall identify and contain all of the following: (1) The location of the development site and water bodies that will receive storm water runoff. (2) The existing and proposed topography of the development site, including the alignment and boundary of the natural drainage courses, with contours having a maximum interval of one foot (using USGS datum). The information shall be superimposed on the pertinent Kent County soil map. (3) The development tributary area to each point of discharge from the development. (4) Calculations for the final peak discharge rates. (5) Calculations for any facility or structure size and configuration. (6) A drawing showing all proposed storm water runoff facilities with existing and final grades. Storm Water Ordinance Adopted 2003 Page 8

149 (7) The sizes and locations of upstream and downstream culverts serving the major drainage routes flowing into and out of the development site. Any significant off-site and on-site drainage outlet restrictions other than culverts should be noted on the drainage map. (8) An implementation plan for construction and inspection of all storm water runoff facilities necessary to the overall drainage plan, including a schedule of the estimated dates of completing construction of the storm water runoff facilities shown on the plan and an identification of the proposed inspection procedures to ensure that the storm water runoff facilities are constructed in accordance with the approved drainage plan. (9) A plan to ensure the effective control of construction site storm water runoff and sediment track-out onto roadways. (10) Drawings, profiles, and specifications for the construction of the storm water runoff facilities reasonably necessary to ensure that storm water runoff will be drained, stored, or otherwise controlled in accordance with this ordinance. (11) A maintenance agreement, in form and substance acceptable to the Township, for ensuring maintenance of any privately-owned storm water runoff facilities. The maintenance agreement shall include the developer s written commitment to provide routine, emergency, and long-term maintenance of the facilities and, in the event that the facilities are not maintained in accordance with the approved drainage plan, the agreement shall authorize the Township to maintain any on-site storm water runoff facility as reasonably necessary, at the developer s expense. (12) The name of the engineering firm and the registered professional engineer that designed the drainage plan and that will inspect final construction of the storm water runoff facilities. (13) All design information must be compatible for conversion to Grand Valley Regional Geographic Information System (REGIS). (14) Any other information necessary for the Township to verify that the drainage plan complies with the Township s design and performance standards for drains and storm water management systems. Sec Storm Water Permit Review Fees. (1) All expenses and costs incurred by the Township directly associated with processing, reviewing and approving or denying a storm water permit application shall be paid (or reimbursed) to the Township from the funds in a separate escrow account established by the developer, as provided in subsection (2). The Township may draw funds from a developer s escrow account to reimburse the Township for out-of-pocket expenses incurred by the Township relating to the application. Such reimbursable expenses include, but are not limited to, expenses related to the following: (a) Services of the Township Attorney directly related to the application. Storm Water Ordinance Adopted 2003 Page 9

150 (b) Services of the Township Engineer directly related to the application. (c) Services of other independent contractors working for the Township which are directly related to the application. (d) Any additional public hearings, required mailings and legal notice requirements necessitated by the application. (2) At the time a developer applies for a storm water permit, the developer shall deposit with the Township clerk, as an escrow deposit, an initial amount as determined by resolution of the Township Board for such matters and shall provide additional amounts as requested by the Township in such increments as are specified in said resolution (if the developer makes an escrow deposit for zoning purposes, any funds deposited for storm water permit purposes may be maintained and accounted for in the zoning escrow account). Any excess funds remaining in the escrow account after the application has been fully processed, reviewed, and the final Township approval and acceptance of the development has occurred will be refunded to the developer with no interest to be paid on those funds. At no time prior to the Township s final decision on an application shall the balance in the escrow account fall below the required initial amount. If the funds in the account are reduced to less than the required initial amount, the developer shall deposit into the account an additional amount as determined by the Township Board resolution, before the application review process will be continued. Additional amounts may be required to be placed in the escrow account by the developer, at the discretion of the Township. Sec Construction Site Runoff Controls. Prior to making any earth change on a development site regulated by this ordinance, the developer or other person making an earth change shall first obtain a soil erosion permit issued in accordance with Part 91 of Act No. 451 of the Public Acts of 1994, as amended, if one is required. The developer or other person making an earth change shall install storm water runoff facilities and shall phase the development activities so as to prevent construction site storm water runoff and off-site sedimentation. During all construction activities on the development site, the Township Engineer may inspect the development site to ensure compliance with the approved construction site runoff controls. Sec Financial Guarantee. (1) The Township Engineer shall not approve a storm water permit until the developer submits to the Township, in a form and amount satisfactory to the Township, a letter of credit or other financial guarantee for the timely and satisfactory construction of all storm water runoff facilities and site grading in accordance with the approved drainage plan. Upon certification by a registered professional engineer that the storm water runoff facilities have been completed in accordance with the approved drainage plan including, but not limited to, the provisions contained in Section 2.03(8), the Township may release the letter of credit, or other financial guarantee subject to final Township acceptance and approval. (2) Except as provided in subsection (3), the amount of the financial guarantee shall be $10,000, unless the Township determines that a greater amount is appropriate, in which case the basis for such determination shall be provided to the developer in writing. In determining Storm Water Ordinance Adopted 2003 Page 10

151 whether an amount greater than $10,000 is appropriate, the Township shall consider the size and type of the development, the size and type of the on-site storm water system, and the nature of the off-site storm water runoff facilities the development will utilize. (3) The Township Supervisor, or such other Township official determined by the Township Board, may reduce or waive the amount of the financial guarantee for a development that will not increase the percentage of impervious surface of the development site by more than ten percent (10%). (4) This ordinance shall not be construed or interpreted as relieving a developer of its obligation to pay all costs associated with on-site private storm water runoff facilities as well as those costs arising from the need to make other drainage improvements in order to reduce a development s impact on a drain consistent with adopted design standards. Sec Certificate of Occupancy. No certificate of occupancy shall be issued until storm water runoff facilities have been completed in accordance with the approved drainage plan; provided, however, the Township may issue a certificate of occupancy if an acceptable letter of credit or other financial guarantee has been submitted to the Township, for the timely and satisfactory construction of all storm water runoff facilities and site grading in accordance with the approved drainage plan. Sec No Change in Approved Facilities. Storm water runoff facilities, after construction and approval, shall be maintained in good condition, in accordance with the approved drainage plan, and shall not be subsequently altered, revised or replaced except in accordance with the approved drainage plan, or in accordance with approved amendments or revisions in the plan. Sec Terms and Conditions of Permits. In granting a storm water permit, the Township may impose such terms and conditions as are reasonably necessary to effectuate the purposes of this ordinance. A developer shall comply with such terms and conditions. Article III Storm Water System, Floodplain and Other Standards, Soil Erosion Control Sec Management of and Responsibility for Storm Water System. The Township is not responsible for providing drainage facilities on private property for the management of storm water on said property. It shall be the responsibility of the property owner to provide for, and maintain, private storm water runoff facilities serving the property and to prevent or correct the accumulation of debris that interferes with the drainage function of a water body. Sec Storm Water System. All storm water runoff facilities shall be constructed and maintained in accordance with all applicable federal, state and local ordinances, and rules and regulations. Sec Storm Water Discharge Rates and Volumes. The Township is authorized to establish minimum design standards for storm water discharge release rates and to Storm Water Ordinance Adopted 2003 Page 11

152 require dischargers to implement on-site retention, detention or other methods necessary to control the rate and volume of surface water runoff discharged into the storm water drainage system, in the following circumstances: (1) A parcel of land is being developed in a manner that increases the impervious surface area of the parcel; or (2) The discharge exceeds the Township-calculated pre-development discharge characteristics for the subject property, and the Township determines that the discharge is a violation of the drainage, flooding or soil erosion regulations of this ordinance. Sec Floodplain Standards. (1) All new buildings and substantial improvements to existing buildings shall be protected from flood damage up to the Flood Protection Elevation (FPE) and shall be in accordance with all applicable federal, state and local ordinances, and rules and regulations. Floodway alteration shall be permitted only upon review and approval by the Township, in accordance with an approved drainage plan. (2) A drainage plan providing for the filling or alteration of a floodway may include provisions for maintaining stability of the banks of streams or other water bodies, by means of the establishing of buffer zones and other means of providing protection of the slopes and banks of water bodies. For purposes of this section, a buffer zone shall mean a strip of land or other area or location specified in a drainage plan, within which the removal of vegetation is wholly or partially prohibited; the construction and maintenance of improvements is prohibited or proscribed; or as to which there are other stated limitations designed to maintain the stability of the banks of streams or other water bodies. (3) Within any required buffer zone, no earth change shall take place except in accordance with the approved drainage plan. Such a plan may also include provisions for the replacement of flood plain storage volume, where such storage volume is lost or diminished as a result of approved development. Sec Soil Erosion and Sedimentation Control. (1) All persons who cause, in whole or in part, any earth change to occur shall provide soil erosion and sedimentation control so as to adequately prevent soils from being eroded and discharged or deposited onto adjacent properties or into a storm water drainage system, a public street or right-of-way, wetland, creek, stream, water body, or floodplain. All development shall be in accordance with all applicable federal, state and local ordinances, rules and regulations. (2) During any earth change which exposes soil to an increased risk of erosion or sediment track-out, the property owner and other persons causing or participating in the earth change shall do the following: (a) Comply with the storm water management standards of this ordinance. Storm Water Ordinance Adopted 2003 Page 12

153 (b) Obtain and comply with the terms of a soil erosion and sedimentation control permit if required by law. (c) Prevent damage to any public utilities or services within the limits of grading and within any routes of travel or areas of work of construction equipment. (d) Prevent damage to or impairment of any water body on or near the location of the earth change or affected thereby. work. (e) (f) Prevent damage to adjacent or nearby land. Apply for all required approvals or permits prior to the commencement of (g) Proceed with the proposed work only in accordance with the approved plans and in compliance with this ordinance. (h) Maintain all required soil erosion and sedimentation control measures, including but not limited to, measures required for compliance with the terms of this ordinance. (i) Promptly remove all soil, sediment, debris, or other materials applied, dumped, tracked, or otherwise deposited on any lands, public streets, sidewalks, or other public ways or facilities, including catch basins, storm sewers, ditches, drainage swales, or water bodies. Removal of all such soil, sediment, debris or other materials within twenty-four (24) hours, or immediately following the issuance of all required permits or the granting of other required approvals, shall be considered prima facie compliance with this requirement, unless such materials present an immediate hazard to public health and safety. (j) Refrain from grading lands at locations near or adjoining lands, public streets, sidewalks, alleys, or other public or private property without providing adequate support or other measures so as to protect such other lands, streets, sidewalks or other property from settling, cracking or sustaining other damage. (k) Request and obtain inspection of soil erosion and sedimentation control facilities, by the Township at such frequency as required by the Township. Sec Building Openings. (1) No building opening shall be constructed below the following elevations: (a) One foot above the 100-year floodplain. (b) The building opening established at the time of plat or development approval and on file in the Township Engineering Department. (c) (d) Three feet above the top of any downstream culvert. Four feet above the bottom of any permanent and defined drain. Storm Water Ordinance Adopted 2003 Page 13

154 (2) A waiver from elevations stated in Section 3.06(1) may be granted by the Township Engineer following receipt of a certification from a registered professional engineer demonstrating that the proposed elevation does not pose a risk of flooding. (3) Upon completion of construction of the structure s foundation and or slab on grade, a registered land surveyor shall certify any minimum building opening elevation specified by this ordinance, with respect to those structures as to which a minimum building opening elevation was identified on the approved plans. This certificate shall attest that the building opening elevation complies with the standards of this ordinance. The permittee for the building permit shall submit the certificate to the Township Building Inspections official prior to the commencement of framing and/or structural steel placement. If the surveyor should find that the minimum building opening elevation is below the elevation specified in Section 3.06(1)(b) or (c), that opening must be raised using a method that meets with the approval of the Township. After reconstruction, a registered land surveyor or engineer shall re-certify that the minimum building opening elevation complies with the standards of this ordinance prior to the commencement of framing and or structural steel placement. Sec Sump Pump Discharge. (1) Whenever building footing drains are required or utilized, a direct connection between the footing drains through a sump pump-check valve system to a storm drain is required. A gravity system is not permitted. (2) A storm water lateral shall be provided for each parcel at the time of storm sewer construction. Sec Public Health, Safety and Welfare. Protection of the public health, safety and welfare shall be a primary consideration in the design of all storm water runoff facilities. Article IV Prohibitions and Exemptions Sec Prohibited Discharges and Illicit Connections. (1) No person shall discharge to a water body, directly or indirectly, any substance other than storm water or an exempted discharge. Any person discharging storm water shall effectively prevent pollutants from being discharged with the storm water, except in accordance with best management practices. This subsection shall not prohibit, however, the following: (a) A discharge lawfully specified in writing by the authorized enforcement agency as being necessary to protect public health and safety. (b) The discharge of a substance other than storm water that is permitted under the terms of an NPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the U.S. Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and Storm Water Ordinance Adopted 2003 Page 14

155 other applicable laws and regulations, and further provided that lawful written approval has been granted for any such discharge. (2) The Township is authorized to require dischargers to implement pollution prevention measures, utilizing BMPs, necessary to prevent or reduce the discharge of pollutants into the Township s storm water drainage system. (3) Prohibition of Illicit Connections (a) drain is prohibited. The construction, use or maintenance of an illicit connection to a storm (b) The prohibition of this subsection includes a connection of a sewer pipe or sewer line conveying sewage or waste water to a storm drain, or the continuance of an existing such connection. Sec Exempted Discharges. The following non-storm water discharges shall be permissible, provided that they do not result in a violation of State of Michigan water quality standards: Water supply line flushing Landscape irrigation Diverted stream flows Rising ground water Uncontaminated ground water infiltration to storm drains Uncontaminated pumped ground water Discharges from single family potable water sources Foundation drains Air conditioning condensate Residential car washing Dechlorinated swimming pool water Street washwater Discharges or flows from emergency fire fighting activities Discharges for which a specific federal or state permit has been issued. Sec Interference with Natural or Artificial Drains. (1) It shall be unlawful for any person to stop, fill, dam, confine, pave, alter the course of, or otherwise interfere with any natural or constructed drain, or drainageway without first submitting a drainage plan to the Township and receiving approval of that plan. Any deviation from the approved plan is a violation of this ordinance. This section shall not prohibit, however, necessary emergency action so as to prevent or mitigate drainage that would be injurious to the environment, the public health, safety, or welfare. (2) No filling, blocking, fencing or above-surface vegetation planting shall take place within a floodway. (3) For an overland flow-way: Storm Water Ordinance Adopted 2003 Page 15

156 water body. (a) Silt screen fences shall not be permitted below the top of the bank of a (b) Chain link fences shall be permitted if the Township determines that the fence will not obstruct or divert the flow of water. (c) If a fence is removed by the Township for drain access or drain maintenance, the fence shall be replaced by the owner of the fence at the owner s expense. body. (d) No shrubs or trees shall be planted below the top of the bank of a water (4) Shrubs, trees or other above-ground vegetation shall not be planted over the top of an underground storm sewer or over the top of the easement within which the storm sewer has been installed. Sec Storage of Hazardous or Toxic Materials in Drainageway. Except as permitted by law, it shall be unlawful for any person to store or stockpile within a drainageway any hazardous or toxic materials unless adequate protection and/or containment has been provided so as to prevent any such materials from entering a drainageway. Article V Inspection, Monitoring, Reporting, and Recordkeeping Sec Inspection and Sampling. To assure compliance with the standards in this pervasively regulated area, the Township may inspect and/or obtain storm water samples from storm water runoff facilities of any discharger to determine compliance with the requirements of this ordinance. Upon request, the discharger shall allow the Township s properly identified representative to enter upon the premises of the discharger at all hours necessary for the purposes of such inspection or sampling. The Township shall provide the discharger reasonable advance notice of such inspection and/or sampling. The Township or its properly identified representative may place on the discharger s property the equipment or devices used for such sampling or inspection. Sec Storm Water Monitoring Facilities. A discharger of storm water runoff shall provide and operate equipment or devices for the monitoring of storm water runoff, so as to provide for inspection, sampling, and flow measurement of each discharge to a water body or a storm water runoff facility, when directed in writing to do so by the Township. The Township may require a discharger to provide and operate such equipment and devices if it is necessary or appropriate for the inspection, sampling and flow measurement of discharges in order to determine whether adverse effects from or as a result of such discharges may occur. All such equipment and devices for the inspection, sampling and flow measurement of discharges shall be installed and maintained in accordance with applicable laws, ordinances and regulations. Sec Accidental Discharges. (1) Any discharger who accidentally discharges into a water body any substance other than storm water or an exempted discharge shall immediately inform the Township Storm Water Ordinance Adopted 2003 Page 16

157 concerning the discharge. If such information is given orally, a written report concerning the discharge shall be filed with the Township within five (5) days. The written report shall specify: (a) (b) The composition of the discharge and the cause thereof. The exact date, time, and estimated volume of the discharge. (c) All measures taken to clean up the accidental discharge, and all measures proposed to be taken to reduce and prevent any recurrence. (d) The name and telephone number of the person making the report, and the name of a person who may be contacted for additional information on the matter. (2) A properly-reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this ordinance against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief as a result of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of Section 5.03(1). Sec Record Keeping Requirement. Any person subject to this ordinance shall retain and preserve for no less than three (3) years any and all books, drawings, plans, prints, documents, memoranda, reports, correspondence and records, including records on magnetic or electronic media and any and all summaries of such records, relating to monitoring, sampling and chemical analysis of any discharge or storm water runoff from any property. Article VI Enforcement Sec Sanctions for Violation. (1) Any person violating any provision of this ordinance shall be responsible for a municipal civil infraction and subject to a fine of not less than $100 nor more than $500 for a first offense, and not less than $250 nor more than $1,000 for a subsequent offense, plus costs, damages, expenses, and other sanctions as authorized under Chapter 87 of the Revised Judicature Act of 1961 and other applicable laws, including, without limitation, equitable relief; provided, however, that the violation stated in Section 6.01(2) shall be a misdemeanor. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this ordinance. For purposes of this section, subsequent offense means a violation of the provisions of this ordinance committed by the same person within 12 months of a previous violation of the same provision of this ordinance for which said person admitted responsibility or was adjudicated to be responsible. Storm Water Ordinance Adopted 2003 Page 17

158 The Township Supervisor, the Township Zoning Administrator and the Township Ordinance Enforcement Officer are each authorized to issue municipal civil infraction citations to any person alleged to be violating any provision of this ordinance. (2) Any person who neglects or fails to comply with a stop work order issued under Section 6.02 shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $500 or imprisonment in the county jail for not more than 93 days, or both such fine and imprisonment, and such person shall also pay such costs as may be imposed in the discretion of the court. (3) Any person who aids or abets a person in a violation of this ordinance shall be subject to the sanctions provided in this section. Sec Stop Work Order. (1) Where there is work in progress that causes or constitutes in whole or in part, a violation of any provision of this ordinance, the Township is authorized to issue a Stop Work Order so as to prevent further or continuing violations or adverse effects. All persons to whom the stop work order is directed, or who are involved in any way with the work or matter described in the stop work order shall fully and promptly comply therewith. (2) A stop work order may include an order prohibiting a discharger from having further discharge access to a storm drain or storm water runoff facility where such order is necessary to prevent an actual discharge or to forestall a threatened discharge which is or would be a violation of this ordinance. (3) The Township may also undertake or cause to be undertaken, any necessary or advisable protective measures so as to prevent violations of this ordinance or to avoid or reduce the effects of noncompliance herewith. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participating in the work, and such cost shall be a lien upon the property. (4) A violation of a stop work order is a violation of this ordinance. Sec Failure to Comply; Completion. In addition to any other remedies, should any owner fail to comply with the provisions of this ordinance, the Township may, after the giving of reasonable notice and opportunity for compliance, have the necessary work done, and the owner shall be obligated to promptly reimburse the Township for all costs of such work. Sec Emergency Measures. When emergency measures are necessary to moderate a nuisance, to protect public safety, health and welfare, and/or to prevent loss of life, injury or damage to property, the Township is authorized to carry out or arrange for all such emergency measures. Property owners shall be responsible for the cost of such measures made necessary as a result of a violation of this ordinance, and shall promptly reimburse the Township for all of such costs. Storm Water Ordinance Adopted 2003 Page 18

159 Sec Cost Recovery for Damage to Storm Drain System. A discharger shall be liable for all costs incurred by the Township as the result of causing a discharge that produces a deposit or obstruction, or causes damage to, or impairs a storm drain, or violates any of the provisions of this ordinance. Costs include, but are not limited to, those penalties levied by the EPA or MDEQ for violation of an NPDES permit, attorney fees, and other costs and expenses. Sec Collection of Costs; Lien. Costs incurred by the Township and the Drain Commissioner pursuant to Sections 6.02, 6.03, 6.04 and 6.05 shall be a lien on the premises which shall be enforceable in accordance with Act No. 94 of the Public Acts of 1933, as amended from time to time. Any such charges which are delinquent for six (6) months or more may be certified annually to the Township Treasurer who shall enter the lien on the next tax roll against the premises and the costs shall be collected and the lien shall be enforced in the same manner as provided for in the collection of taxes assessed upon the roll and the enforcement of a lien for taxes. In addition to any other lawful enforcement methods, the Township or the Drain Commissioner shall have all remedies authorized by Act No. 94 of the Public Acts of 1933, as amended. Sec Appeals. Any person as to whom any provision of this ordinance has been applied may appeal in writing, not later than 30 days after the action or decision being appealed from, to the Township Board the action or decision whereby any such provision was so applied. Such appeal shall identify the matter being appealed, and the basis for the appeal. The Township Board shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed. In considering any such appeal, the Township Board may consider the recommendations of the Township Engineer and the comments of other persons having knowledge of the matter. In considering any such appeal, the Township Board may grant a variance from the terms of this ordinance so as to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied: (1) The application of the ordinance provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with the ordinance; and (2) The granting of the relief requested will not substantially prevent the goals and purposes sought to be accomplished by this ordinance, nor result in less effective management of storm water runoff. Article VII Storm Water Easements and Maintenance Agreements Sec Applicability of Requirements. The requirements of this Article concerning storm water easements and maintenance agreements shall apply to all persons required to submit a drainage plan to the Township for review and approval. Sec Storm Water Management Easements. The developer shall provide all storm water management easements necessary to implement the approved drainage plan and to otherwise comply with this ordinance in form and substance required by the Township and shall record such easements as directed by the Township. The easements shall assure access for proper Storm Water Ordinance Adopted 2003 Page 19

160 inspection and maintenance of storm water runoff facilities and shall provide adequate emergency overland flow-ways. Sec Maintenance Agreements. The developer shall provide all storm water maintenance agreements necessary to implement the approved drainage plan and to otherwise comply with this ordinance in form and substance as required by the Township, and shall record such agreements as directed by the Township. The maintenance agreements shall, among other matters, assure access for proper inspection and maintenance of storm water runoff facilities and adequate emergency overland flow-ways. Sec Establishment of County Drains. Prior to final approval, all storm water management facilities for platted subdivisions shall be established as county drains, as authorized in Section 433, Chapter 18 of the Michigan Drain Code (P.A. 40 of 1956, as amended) for long-term maintenance. Article VIII Performance and Design Standards Sec Performance Standards. In order to achieve the goals and purposes of this ordinance, the following three storm water management zones (Zones A, B and C) are hereby established. The Zones are shown on the map attached as Appendix A and made a part of this ordinance. (1) Zone A represents areas which require the most protective storm water management regulations. Generally, lands in Zone A have less than 10% imperviousness. The goal of this zone is to preserve the natural condition of water bodies included in it, in whole or in part. Zone A has, in general, little impervious surface area and few storm water facilities. In this zone, where site conditions do not permit infiltration of storm water runoff, detention of storm water runoff, with a restricted outlet, shall be required. This storm water management practice provides greater protection for surface water quality, and also assists in augmenting stream base flow, reduction of flash storm flows and prevention of stream bank erosion. Section 8.02 specifies design criteria for Zone A, in order that the volume and rate of storm water runoff are controlled at predevelopment levels. (2) Zone B represents developed areas that have significant impervious surfaces and storm water runoff facilities in place. Generally, the lands in Zone B have from 10% to 25% imperviousness. The goal of Zone B is the control of storm water runoff in order to prevent further destabilizing of streams and other water bodies. In this zone, the use of detention ponds, the maintenance and enhancement of buffer strips and other measures to reduce directlyconnected impervious areas are specified in Section 8.02 for the achieving of the storm water management standards applicable to Zone B. The management practices for this zone are intended to maintain existing water quality and to alleviate adverse downstream impact on water bodies. (3) Zone C consists of (1) highly urbanized areas, (2) areas where there has been significant modification of drainageways or (3) areas located in such proximity to water bodies that detention of storm water runoff would be generally detrimental to such water bodies. The amount of impervious surface area in Zone C is generally greater than 25%. Among the Storm Water Ordinance Adopted 2003 Page 20

161 measures required in Zone C, as stated in Section 8.02, are the use of sediment basins, the maintenance and enhancement of buffer strips along water bodies and the reduction of impervious surface areas that are directly connected to water bodies. An important element of storm water management practice in Zone C is the control and prevention of sedimentation, in order to reduce pollution of water bodies. Sec Design Standards. The design standards for storm water runoff facilities for Zones A, B and C, as described in Section 8.01, are the following: Zone A Zone B Zone C Storm Water Management Standards Use infiltration basins, infiltration trenches, extended detention basins, and/or constructed wet-lands. Maintain and enhance buffer strips. Use detention ponds; maintain and enhance buffer strips, and reduce directly connected impervious area. Use sediment basins, maintain and enhance buffer strips, and reduce directly connected impervious area. Water Quality Control Detain the first 0.5 of runoff from the contributing watershed, with detention per Zone B and infiltration where conditions permit, or provide equivalent treatment. Detain the first 0.5 of runoff from the contributing watershed for 24 hours or provide equivalent treatment, and infiltration when conditions permit. Provide sedimentation control within the drainage system, and infiltration when conditions permit. Bank Erosion Control Rate of release shall be limited to 0.05 cfs/acre for a 2-year storm event. Release rate of.13 cfs/acre per Kent County Drain Commissioner rules. Storm water runoff shall not exceed the capacity of the downstream conveyance system. Flood Control Detention with infiltration when conditions permit. Release rate of 0.13 cfs/acre per KCDC rules. Release rate of 0.13 cfs/acre per Kent County Drain Commissioner rules. Direct conveyance of storm water runoff within the capacity of downstream system. Sec Performance and Design Standards. (1) The owner or operator of a commercial or industrial establishment shall provide, at the expense of the owner or operator, reasonable protection from the accidental discharge of pollutants into a storm drain, storm water runoff facility or water body by means of BMPs. A property owner may be required to implement, at the expense of the property owner, additional BMPs in order to prevent the further discharge of pollutants to a storm drain, storm water runoff Storm Water Ordinance Adopted 2003 Page 21

162 facility or water body; provided, however, that compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial uses or activities shall be deemed compliance with the provisions of this subsection. (2) The Township Board of the Township may adopt a resolution establishing more detailed design and performance standards for storm water runoff facilities, consistent with the terms of this ordinance, and in order to further implement its goals and purposes. Article IX Other Matters Sec Interpretation. Words and phrases in this ordinance shall be construed according to their common and accepted meanings, except that words and phrases defined in Section 1.05 shall be construed according to the respective definitions given in that section. Technical words and technical phrases that are not defined in this ordinance but which have acquired particular meanings in law or in technical usage shall be construed according to such meanings. Sec Catch-Line Headings. The catch-line headings of the articles and sections of this ordinance are intended for convenience only, and shall not be construed as affecting the meaning or interpretation of the text of the articles or sections to which they may refer. Sec Severability. The provisions of this ordinance are hereby declared to be severable, and if any part or provision of this ordinance should be declared invalid or unenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall not affect any other part or provision of the ordinance. Sec Other Ordinances. This ordinance shall be in addition to other ordinances of the Township, and shall not be deemed to repeal or replace other ordinances or parts thereof except to the extent that such repeal is specifically provided for in this Article. Sec Effective Date. This ordinance shall become effective on the 30th day following its publication or following the publication of a summary of its provisions in a local newspaper of general circulation. Storm Water Ordinance Adopted 2003 Page 22

163 WATER CONNECTION, USE AND RATE ORDINANCE (Ord. No , amended by Ord. No ) AN ORDINANCE to administer, regulate and provide for use of the water system, installation of service connections, rates and charges for water services, cross connection control, and penalties for violation thereof in the Charter Township of Caledonia, County of Kent, Michigan. THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Article I Short Title; Findings: Purpose Section 101. Short Title. This Ordinance shall be known as the Water Connection, Use and Rate Ordinance and may be cited as such. Section 102. Intent. This Ordinance is intended to apply to all properties served by the Water System located in the Service District. Section 103. Objectives Re: State and Federal Law Requirements. This Ordinance sets forth uniform requirements for Customers of the Water System and enables the Township to comply with all State and Federal laws applicable to a publicly owned water supply system. In addition, the objectives of this Ordinance include the following: and a. To provide for proportional distribution of the cost of the Water System; b. To protect the physical integrity of the Water System and its components and to provide for the safety of the public and workers on and in the Water System. Section 104. Findings Re: Public Health, Safety and Welfare. The Township hereby determines that the Water System is immediately necessary to protect and preserve the public health, safety and welfare of the Township by providing Potable Water to Customers of the Water System and fire protection to properties in the Township. Section 105. Finding Re: Measure of Water Use by Metering of Water Supply. The Township hereby finds that the metering of domestic water supply is the best available technology and preferred method for measuring with relative precision the use of the Water System. The Township declares, as its goal, the eventual use of metering of domestic water supply for all users of the Water System at that time when (a) all or substantially all Customers of the Water System are connected to a public water supply system and/or (b) in the opinion of the Township, the costs for using and maintaining the metering technology is practical and cost effective for residential users of the Water System. In the interim, the Township finds that the use of a flat-rate Readiness to Serve Fee and Commodity Fee based upon Units is a valid, cost effective, and practical method for measuring use of the Water System, particularly with respect to detached single family residential users. Water Connection, Use and Rate Ordinance Revised 2005 Page 1

164 Article II Definitions Unless the context specifically indicates otherwise, the meaning for the terms used in this Ordinance shall be as follows: Section 201. Approved means approved by the Township. Section 202. Backflow is the flow of water or other liquids, mixtures or substances into the Water System from any source other than its intended source, usually due to either back pressure or back siphonage. Section 203. Backflow Preventer is a device to prevent Backflow. Section 204. Board of Appeals means the Township Board acting in the capacity as the Water System Board of Appeals pursuant to Article XIV of this Ordinance. Section 205. Commercial Customer means a Customer whose Premises are used to offer services and/or products such as retail and wholesale stores, gasoline stations, restaurants, schools, churches, hotels, motels, nursing homes, hospitals, warehouses, private clubs, theaters, and governmental buildings. Section 206. Commodity Fee is a periodic charge levied on Customers for use of the System on the basis of water consumption. The charge represents a portion of (a) that Customer s proportionate share of the Operation, Maintenance and Replacement Costs of the System and (b) the benefit to that Customer derived from the use of the System. The charge may include a debt service component, as necessary, to pay all or a portion of the principal, interest and administrative costs of retiring debt incurred for the acquisition and construction of the System. Section 207. Connection Fee the charge imposed by the Township to regulate the connection of a Service Line to a Service Connection. This fee represents (a) the proportional cost attributable to each Premises which requires the use of Potable Water to regulate access to the Water System and ensures that sufficient capacity exists to accommodate the additional use without overburdening the Water System or adversely affecting the Township s ability to provide service to the Water System s existing customers and (b) the benefit to the owner of a Premises which requires the use of Potable Water derived from the connection to the Water System including, but not limited to, eliminating or reducing the risk of failure of private water wells and the contamination of ground water accessed by private water wells. Section 208. Contamination means the presence of any foreign substance (organic, inorganic, radiological, or biological) in water that tends to pollute or degrade the quality of the water so as to constitute a Health Hazard or to render the water Nonpotable. Section 209. Cross Connection is any physical connection between the Water System and any waste pipe, soil pipe, sewer, drain, or any unapproved source or system. Furthermore, it is any Potable water supply outlet which is submerged or can be submerged in wastewater and/or any other source of Contamination. See Backflow. Water Connection, Use and Rate Ordinance Revised 2005 Page 2

165 Section 210. Customer means the Person who owns or, subject to the limitations of Section 1114 below, leases any Premises which are connected to the Water System. Section 211. Fire Hydrant Fee is the charge made by the Township to an applicant for use of Public Water from a fire hydrant. Such use, for example, would include the filling of a swimming pool. Section 212. Health Hazard is any condition, device or practice in the Water System and its operation which creates, or, in the judgment of the Township, may create by Contamination or otherwise, a danger to the health and well-being of any Person. An example of a Health Hazard is a structural defect in the Water System, whether of location, design or construction, that regularly or occasionally may prevent satisfactory purification of the water supply or cause it to be Contaminated. Section 213. Industrial Customer means a Customer whose Premises are used for a manufacturing or process facility which is engaged in producing a product, and facilities related thereto including offices, warehousing and research and development. Section 214. Inspection and Administration Fee means the amount charged to each applicant by the Township at the time an application is made to the Township for connection to the System to cover the actual routine cost of inspecting and approving the physical connection of a Service Line to the System, the issuance of a connection permit and related administrative expenses. Section 215. Inspector means a person authorized by the Township to inspect connection of Service Lines to Service Connections. Section 216. May is permissive. Meter means an instrument for measuring the rate of flow of Public Water. Section 218. Meter Fee means the amount charged for the cost of a Meter and its installation by the Township. Section 219. Miscellaneous Customer Fee means an amount charged to Customers for miscellaneous services and related administrative costs associated with the Water System as the actual cost incurred by the Township plus administrative/enforcement costs. Section 220. Nonpotable refers to water that is not safe for human consumption or that is of questionable potability. Section 221. Operation, Maintenance and Replacement Costs means all costs, direct and indirect, necessary to provide adequate water supply on a continuing basis to conform with all federal, state and local water management requirements and to assure optimum longterm management of the Water System and shall include an amount for the replacement of the equipment and appurtenances necessary to maintain the intended performance of the Water System. [Debt Service Component?] Water Connection, Use and Rate Ordinance Revised 2005 Page 3

166 Section 222. Person means any individual, firm, company, association, society, corporation, or group, public or private. Section 223. Plumbing System includes the water supply and distribution pipes connected to the Meter, plumbing fixtures, and traps; soil, waste and vent pipes; Service Line, including their respective connections, devices and appurtenances and water-treating or waterusing equipment; all as located within the property lines of the Premises. Section 224. Potable refers to water free from impurities in amounts sufficient to cause disease or harmful physiological effects. Its bacteriological and chemical quality shall conform to the requirements of the Federal Drinking Water Standards and to the regulations of the Michigan Department of Public Health. Section 225. Premises means the lands included within the boundaries of a single description as set forth, from time to time, on the general tax rolls of the Township as a single taxable item in the name of the taxpayer or taxpayers at one address but in the case of platted lots shall be limited to a single platted lot unless an existing building or structure is so located on more than one lot as to make the same a single description for purposes of assessment or conveyance now or hereafter. Section 226. Public Water is water provided by the Water System. Section 227. Readiness to Serve Fee is a periodic charge levied on a Customer based upon the size of the Customer s Meter. The charge represents a portion of (a) that Customer s proportionate share of the Operation, Maintenance and Replacement Costs of the System and (b) the benefit to that Customer derived from the availability of the System. The charge may include a debt service component, as necessary to pay all or a portion of the principal, interest and administrative costs of retiring debt incurred for the acquisition and construction of the System. Section 228. Reduced Pressure Principle Backflow Preventer is an assembly of differential valves and check valves, including an automatically opened spillage port to the atmosphere designed to prevent Backflow under conditions of pressure reversal. Section 229. Safe Air Gap or Air Gap means the minimum distance of a water inlet or opening above the maximum high water level or overflow rim in a fixture, device or container to which Public Water is furnished which must be at least two times the inside diameter of the water inlet pipe but must not be less than one inch and need not be more than twelve inches. Section 230. Secondary Water Supply means a water supply system maintained in addition to the Water System, including water systems from ground or surface sources or water from a Public Water supply system which, in any way, has been treated, processed or exposed to any possible contaminant or stored in other than an approved storage facility. Section 231. Service Connection means the corporation cock, service lateral, and curb stop that conveys Public Water from the Township mains to the property line, or edge of Water Connection, Use and Rate Ordinance Revised 2005 Page 4

167 right-of-way or easement. The Service Connection shall also include a meter pit when the Township deems that access is limited. Section 232. Service Connection Fee means the charge imposed by the Township for the cost of installing a Service Connection. Section 233. Service District shall mean the Caledonia Water Supply District, a map of which is attached hereto as Appendix I. Section 234. Service Line means a pipe connected to the Service Connection and extending from said connection to the Meter. Section 235. Shall is mandatory. Section 236. Submerged Inlet means a Service Line or extension thereto from the Water System terminating in a tank, vessel, fixture or appliance which may contain water of questionable quality, waste or other contaminant and which is unprotected against Backflow. Section 237. Termination Agreement means the Termination Agreement dated as of July 1, 2003 by and between the Township, the Village of Caledonia, the Caledonia Community Schools, Glen Valley, L.L.C., and Jasonville Farms Limited Partnership II. Section 238. employees or agents. Township means the Charter Township of Caledonia or its authorized Section 239. Treasurer means the Township Treasurer or his or her authorized deputies, assistants or agents. Section 240. Unit shall have the meaning assigned in Township Ordinance No , as amended, also known as the Sewer Connection, Use and Rate Ordinance. Section 241. Unmetered Fire Protection Connection is a pipe extending from the Water System to supply a sprinkler, yard main, or other fire protection system, which does not pass through a Meter. Section 242. Unmetered Fire Protection Fee is the quarterly charge to a Customer for an Unmetered Fire Protection Connection to the System. Section 243. Utilities Administrator is the Person retained by the Township by contract or employment to coordinate the operation, maintenance and administration of the System. Section 244. Utilities Committee is the Utilities Committee established by the Township Board and comprised of the Township Supervisor, Clerk and Treasurer and the Utilities Administrator as an ex officio member. Section 245. Water Supply Rates and Charges shall include the Connection, Service Connection Fee, Meter Fee, Inspection and Administration Fee, Readiness to Serve Fee, Water Connection, Use and Rate Ordinance Revised 2005 Page 5

168 Unmetered Fire Protection Fee, Fire Hydrant Fee, Commodity Fee and Miscellaneous Customer Fee. Section 246. Water System or System means all facilities and all subsequent additions and expansions, including wells, pumps, water treatment facilities, transmission and distribution mains, hydrants, storage tanks, Meters, Service Connections and all other facilities used or useful in the pumping, treatment, and distribution of Public Water and which in the aggregate constitute the Caledonia Water Supply System. Article III Operation and Maintenance Section 301. Ownership; Operation and Maintenance of System. The Water System is owned by the Township. The operation, maintenance, alteration, repair and management of the Water System shall be under the supervision and control of the Township. The Township may employ such Person or Persons in such capacity or capacities as it deems advisable to carry out the efficient management and operation of the Water System and may make such rules, orders and regulations as it deems advisable and necessary to assure the efficient management and operation of the Water System. Section 302. Maintenance and Repair of Plumbing System. The owner of a Premises is responsible for the maintenance and repair of the Plumbing System located within the Premises. Section 303. Public Water. Only Public Water shall be used in the Water System. No other source of water, raw or otherwise, shall be tapped into, piped into or connected into, directly or indirectly, the Water System, unless permitted under Article X. Section 304. Right to Restrict Use of Public Water. The Township may, by resolution, regulate, limit or prohibit the use of Public Water for any purpose. Such regulations may restrict less essential water use (e.g. lawn sprinkling and irrigation) to the extent deemed necessary to assure an adequate supply for essential domestic and commercial needs and for fire fighting. Section 305. Abatement of Public Nuisance. This Ordinance shall not be construed to limit the power of the Township to order the immediate and complete abatement of a public nuisance or menace to the public health. Section 306. Water Available Within Service District. Public Water shall only be made available from the Water System to properties located within the Service District. The Township Board reserves the right to amend or expand the Service District to include additional lands, in the discretionary exercise by the Township Board of the Township s police powers. Article IV Use of Private Water Wells Section 401. Private Water Wells. Existing water wells on Premises connected to the Water System may be used for lawn watering, irrigation, automobile or equipment washing, as a Water Connection, Use and Rate Ordinance Revised 2005 Page 6

169 source of water for a building s heating or cooling system or for similar purposes not involving human consumption or prolonged bodily contact with such Non-potable water. Any fixtures connected to such non-public water systems shall only be located outside of structures intended for human occupancy, employment, recreation or similar purposes. Notwithstanding Article X of this Ordinance, piping connected to a private water well shall be physically and completely separated from all plumbing used for Public Water. Section 402. Prohibition of Potable Water Wells. The groundwater flowing under the following lands located in the Service District is down gradient from the Village of Caledonia Sewage Treatment Facility and therefore, as a matter of public health, no private water wells shall be drilled or installed in said lands and used for Potable drinking purposes: All that part of the SW 1/4 of the NW 1/4, Section 21, R5N, T10W, Caledonia Township, Kent County, Michigan. All that part of the N 1/2 of the NW 1/4 of the SW 1/4, Section 21, R5N, T10W, Caledonia Township, Kent County, Michigan. Article V Connection Procedures Section 501. Permit. Service Connections shall be installed only at the Customer s expense by the Township or by an Approved contractor and only after approval of the permit application by the Township. Prior to the installation of a new Service Connection or construction in the public right-of-way by an Approved contractor, a surety bond shall be filed with the Township in form acceptable to the Township in the amount of $2,500 which indemnifies the Township and its authorized representatives from any loss resulting from said installation or construction. Provision of such surety bond shall in no way limit liability for damage to the System or other public or private property. Section 502. Application for Permit; Payment of Fees. Prior to the connection of a Service Line to a Service Connection, a prospective Customer must file a permit application on a form to be supplied by the Township. The application must be accompanied by payment in full of the Connection Fee, the Service Connection Fee, Meter Fee, Inspection and Administration Fee and such other charges or deposits required by this Ordinance. Section 503. Installation of Service Lines and Service Connection. All Service Lines shall be installed in an approved manner at the Customer s expense. The Service Connection, if not previously installed, shall be installed by the Township at the expense of the Customer. The Plumbing System in or on the Premises in connection therewith must conform in character, design and quality to the law of the State of Michigan and the Township Plumbing Code. Section 504. Specifications. All Service Connections and Service Lines shall be of Type K copper. All underground fittings and connections shall be Approved. No Service Connection or Service Line of less than 1 inch diameter will be permitted. Water Connection, Use and Rate Ordinance Revised 2005 Page 7

170 Section 505. Minimum Depth. All Service Connections and Service Lines must be laid on solid ground not less than five feet below finished grade. The installation must be inspected by the Township or its authorized representative. Section 506. No Obstruction of System Components. No Person shall obstruct or interfere in any way with any Service Connection or other appurtenance of the System, including Meters, by placing in, on or about said Service Connection, Meter, or other appurtenance, building materials, rubbish, shrubbery, flowers, or otherwise hindering the easy and free access thereto. Section 507. Repair and Thawing of Service Lines. Service Lines shall be protected from damage of every nature and needed repairs shall be made by the Township. The expense of repairing or thawing the Service Line, if frozen, shall be borne by the Township, subject to the right of the Township to assess a Miscellaneous Customer Fee to the Customer. Section 508. Discontinuation of Service. The Township may discontinue service if a Customer fails to maintain the Service Line in a leak-free condition or if the Customer makes an unauthorized plumbing connection which bypasses the Meter. Section 509. No Multiple Connections. A single Service Connection shall not serve more than one (1) Premises unless approved by the Utilities Administrator or the Utilities Committee, even though the ownership of the adjacent Premises may be the same; provided, however, that in the event a single Premises has two or more freestanding buildings to be served by the System, each building shall have a separate Service Connection and Meter. Section 510. Excavation. All excavation for Service Connection installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Township at the Customer s expense. Article VI Meters Section 601. Use and Installation of Meters. The Public Water used by each Customer shall be metered. The Township will furnish a meter horn for installation by the Customer s plumber. The Township shall then inspect the Service Line and meter horn and install the Meter. The Meter will be tested and maintained by the Township at the Customer s expense and shall remain the property of and under control of the Township. Section 602. Size; Specification. Meters for ordinary domestic service shall be of 5/8 inch x 3/4 inch size. The Meter shall contain remote readouts. A separate valve the same size as the Service Line shall be installed on the Service Line on both sides of the Meter. Where application for a larger service is made, determination as to meter size shall be made by the Township. Larger sizes may be required for an Industrial Customer, a Commercial Customer or multiple dwelling use. Section 603. Accessible Location. Meters shall be set in an accessible location and in a manner as may be defined and approved by the Township. Where due to unusual Water Connection, Use and Rate Ordinance Revised 2005 Page 8

171 circumstances it is necessary to place the Meter in a pit, such pit shall be installed by the Township as part of the Service Connection in accordance with Township standards at the expense of the Customer. Section 604. Access to Meter. The Township shall have the right to shut off the Public Water to any Customer if access is not available to the Meter. Qualified employees of the Township shall at all reasonable hours have the right to enter the Premises where such Meters are installed, for the purpose of reading, testing, removing or inspecting same and no Person shall hinder, obstruct, or interfere with any such employee in the discharge of his or her duties. Section 605. Damages to Meter. Any damages to a Meter resulting from carelessness or neglect of a Customer to properly secure and protect the Meter from damages caused by frost, hot water, steam or other misuse shall be paid for by the Customer as a Miscellaneous Customer Fee upon presentation of the bill therefore. Section 606. Failure of Meter. If any Meter shall fail to register properly, the Township shall estimate the consumption of Public Water and bill accordingly. Section 607. Accuracy of Meter. A Meter shall be considered accurate if when tested it registers neither 2% more than nor 2% less than the actual quantity of Public Water passing through it. If a Meter registers in excess of 2% more than the actual quantity of Public Water passing through it, it shall be considered fast to that extent. If a Meter registers in excess of 2% less than the actual quantity of Public Water passing through it, it shall be considered slow to that extent. Section 608. Corrected Billings. If a Meter has been tested and is determined to register fast the Township shall credit the Customer with a sum equal to the percentage fast multiplied by the amount of the Commodity Fee incurred by said Customer within the six months prior to the test. If a Meter so tested is determined to register slow the Township may collect from the Customer a sum equal to the percentage found slow multiplied by the amount of the Commodity Fee incurred by the Customer within the six months prior to the test. Article VII Fire Hydrants Section 701. Use of Fire Hydrants; Fire Hydrant Fee. No Person shall open or cause to be opened any fire hydrant except for authorized representatives of the Township, except in the case of an emergency, without first securing a Permit to Use Fire Hydrant from the Township and paying a Fire Hydrant Fee in the amount established from time to time by resolution of the Township Board. Application for said permit shall be made on a form supplied by the Township. Authorized representatives of the Township shall turn the hydrant on and off and install a portable Meter and Backflow Preventer to measure the volume of water used. If the Fire Hydrant Fee is insufficient to cover the labor costs and the Commodity Fee charged for the metered volume, the permit holder shall pay the difference. Section 702. Township Approval of Hydrant Specifications. The Township must approve the type, size of openings, and types of nozzle thread on all hydrants installed on private property serviced by the Water System. Water Connection, Use and Rate Ordinance Revised 2005 Page 9

172 Section 703. No Obstruction of Hydrants. No Person shall, in any manner, obstruct or prevent free access to or place or store temporarily or otherwise any object, material, snow, debris, automobile or structure of any kind within a distance of fifteen (15) feet of any fire hydrant. Upon the failure of said Person to remove said obstruction which shall be set forth in a notice which shall be mailed to said Person by the Township, the Township is hereby authorized and empowered to remove said obstruction and charge the cost of said removal to said Person as a Miscellaneous Customer Fee. Section 704. Access Easements. All fire hydrants installed on private property shall be dedicated to the Township together with an access easement with a minimum width of 15 feet centered on the hydrant service lead. Article VIII Water System Extensions and Improvements Section 801. Requirements. Extensions of or improvements to the Water System may be initiated by the Township or by written request, including petitions, from property owners. The Township may grant the petition, in its discretion, and prescribe the terms and conditions upon which the petition will be granted and may require the written acceptance of such terms and conditions by the petitioners. As a condition of granting the petition, the petitioners must pay, in addition to all other charges imposed on new connections under this ordinance, a fee to cover the actual cost (or proportion of cost) of extending the water main along the entire frontage of the Premises, from property line to property line, improving the transmission, supply, treatment and storage system, or making other changes necessary to accommodate the extension and new connection. All newly constructed components of the Water System shall be inspected by the Township engineer or other designated representative at the expense of the petitioner. The specifications for materials and construction shall be approved by the Township engineer. The Township may, in the discretion of the Township Board, utilize any means legally available to the Township to extend or improve the Water System, including, without limitation, Township Funds on hand, the proceeds of bonds, funds advanced from a township improvement revolving fund or public improvement fund or the proceeds of special assessments. The Township, in its sole discretion, may also enter into a contract with any Person to set forth the terms and conditions for extending or improving the Water System, including payment for the extension or improvement. Such contract may in the discretion of the Township provide that a Person who extends the Water System or who pays for improvements to the Water System (the Contracting Party ) may be reimbursed for a portion of such expenditures from revenues resulting from Connection Fees and other charges paid by Customers other than the Contracting Party which thereafter utilize the Water System facilities installed by the Contracting Party. Article IX System Use Section 901. Authorized Representatives. No Person other than an authorized representative of the Township shall turn on or off any Service Connection without the written permission of the Township. Water Connection, Use and Rate Ordinance Revised 2005 Page 10

173 Section 902. following: Prohibited Activities. It shall be unlawful for any Person to do any of the a. Damage or destroy any portion of the Water System; b. To do anything which will in any way contaminate the Water System; or c. To connect any pipe to the Water System or take or run Public Water from the lines of the System without complying with all the provisions of this Ordinance. Section 903. Township Right to Stop Service; Emergencies. The Township may stop service to any Customer at any time for any reason, including repairs to the System, construction of extensions or accident. All Customers which have facilities which depend upon pressure from the main to keep them filled are hereby put on notice of the danger of collapse and/or pressure failure. The Township shall give reasonable notice except during emergencies and conditions of imminent hazard and will, so far as practical, use reasonable efforts to prevent inconvenience and damage in the event of a stoppage of service. The Township shall not be responsible or liable in damage for any inconvenience, injury or loss caused by the failure of a Customer to receive Public Water for any reason, including the shutting off of such supply by the Township, nor shall the Township be liable for any damage caused by any change in the pressure of Public Water delivered to any Customer. Section 904. Leaking Service Line. If the Service Line from the curb stop to the Meter is found to be deteriorated or leaking, the Township shall repair or replace the Service Line, subject to the right of the Township to assess a Miscellaneous Customer Fee to the Customer for the cost incurred by the Township. Section 905. No Tampering; Liability. No Person, except an authorized representative of the Township in the performance of his or her duties, shall uncover or tamper with any portion of the Water System. Any Person responsible for any injury or damage to the Water System shall reimburse the Township therefore and for the loss of Public Water caused thereby and shall be responsible for any damage caused by escaping water. Section 906. Addition of Fluoride to Water System. The Township Board may add fluoride to the Water System in accordance with state law and within limitations established or authorized by state statute or regulation. Article X Cross-Connections Section Rules. The Township adopts by reference the Water Supply Cross Connection Rules of the Michigan Department of Public Health, being R to R of the Michigan Administrative Code, as now or hereafter amended. Section Control Program. The Township shall develop a comprehensive control program for the prevention of all Cross Connections. The plan for the program shall be submitted to the Michigan Department of Public Health for review and approval. After the plan Water Connection, Use and Rate Ordinance Revised 2005 Page 11

174 has been approved by the Michigan Department of Public Health, the Township shall implement the program for prevention of all future Cross Connections. Section Cross Connection Devices. All devices for the prevention of Cross Connection shall be Approved. The devices shall be installed in good working condition at the Customer s expense. The Township will inspect, routinely, such devices and, if found to be defective or inoperative, shall require replacement thereof. Section Township Approval Required. The Customer shall obtain prior written approval from the Township before taking any proposed corrective action or installing any protective device. The total time allowed for completion of corrections ordered by the Township shall take into account the degree of hazard involved and the time required to obtain and install necessary equipment. If the Cross Connection has not been removed within the time specified, the Township shall physically separate the Water System from the on-site piping system in such a manner that the two systems cannot again be connected by an unauthorized Person, and charge the cost thereof as a Miscellaneous Customer Fee. Section Secondary Water Supply. When a Secondary Water Supply is used in addition to the Water System, or in other high risk installations involving extensive plumbing, the exposed Water System and Secondary Water Supply piping shall be identified by the American Water Works Association Standard Color Code and tags and so maintained that each pipe may be traced readily in its entirety. If piping is so installed that it is impossible to trace in its entirety, it shall be considered a Cross Connection. Section Private Water Storage Tank. A private water storage tank supplied from the Water System shall be deemed a Secondary Water Supply unless it is Approved. Section Maintenance. It shall be the responsibility of the Customer to maintain Cross Connection prevention devices in good working order and to make no piping or other arrangements for the purpose of altering or bypassing said devices. Section Testing and Inspection. Periodic testing and inspection schedules shall be established by the Township for all Cross Connection prevention devices. The interval between such testing and inspections and overhauls of each device shall be established in accordance with the age and condition of the device. Inspection intervals should not exceed one year, and overhaul intervals should not exceed five years. These devices should be inspected frequently after the initial installation to assure that they have been installed properly and that debris resulting from the installation has not interfered with the functioning of the device. The testing procedures shall be in accordance with the manufacturer s instructions when Approved. Certified testing of a Reduced Pressure Principle Back Flow Preventer is required by a licensed plumber at the Customer s expense on an annual basis. Records of the test as well as records of repair shall be provided to the Township by the Customer. Section Discontinuation of Service Due to Cross Connection. The Township is hereby authorized to discontinue water service after reasonable notice to any Premises where a Cross Connection exists. The Township may take such other precautionary measures as necessary to eliminate any danger of Contamination of the Water System. Water service to such Water Connection, Use and Rate Ordinance Revised 2005 Page 12

175 premises shall not be restored until such Cross Connection has been eliminated and the Customer pays a turn-on charge. Section Health Hazard. The Township shall immediately stop water service to any Customer discovered to have a Cross Connection which creates an imminent Health Hazard. Water service shall not be restored until the violation is permanently corrected. Article XI Water Supply Rates and Charges Section Public Utility Basis. The System shall be operated by the Township on a public utility basis pursuant to state law, including Act 94 of the Public Acts of Michigan of 1933, as amended. The System shall be operated on the same fiscal year as that of the Township. The Readiness to Serve Fee and the Commodity Fee shall be reviewed periodically and revised as necessary to meet Water System expenses, to provide for Operation, Maintenance and Replacement Costs as necessary to preserve the Water System in good repair and working order. From time to time, the Township Board shall review and revise, if appropriate, Water Supply Rates and Charges to ensure that all Water System Rates and Charges are in accordance with applicable law. Section Readiness to Serve Fee. Customers shall pay a Readiness to Serve Fee based on the size of the meter applicable to the Premises, to be paid monthly or quarterly in advance at the rate established by resolution of the Township Board from time to time. In lieu of the foregoing, the Township Board shall have the discretion to establish by resolution from time to time a Readiness to Serve Fee on a per Unit basis with a minimum assignment of one Unit per Customer. Section Commodity Fee. Customers shall pay a Commodity Fee based on metered water service, to be paid monthly or quarterly in arrears, at the rate established by resolution of the Township Board from time to time. At the discretion of the Township Board, the Commodity Fee may contain a separately itemized component for the cost of Township compliance with the Safe Drinking Water Act and other applicable governmental mandates. In lieu of the foregoing, the Township Board shall have the discretion to establish by resolution from time to time a Commodity Fee on a per Unit basis with a minimum assignment of one Unit per Customer, to be paid monthly or quarterly in advance. Section Accrual Date. The Readiness to Serve Fee and the Commodity Fee shall begin to accrue upon the earlier of (a) the date of issuance of an occupancy permit by the Township or (b) the 150th calendar day after the water service permit application is filed with the Township in accordance with Section 502. If necessary, the initial billing of the Readiness to Serve Fee and, if billed on a per Unit basis, the Commodity Fee may include a pro rata billing in arrears to the accrual date determined in the manner provided above. Section Connection Fee and Service Connection Fee. The owner of a Premises who applies for connection of the Service Line to the System shall pay a Connection Fee and, if applicable, a Service Connection Fee in accordance with this Section 1105, a Meter Fee in accordance with Section 1106 and an Inspection and Administration Fee, in accordance with Section Water Connection, Use and Rate Ordinance Revised 2005 Page 13

176 a. Computation. The Connection Fee shall be a rate per Unit established by resolution of the Township Board from time to time, with a minimum assignment of one Unit per Premises. b. Service Connection Fee. If a Service Connection was not installed by the Township at the time of construction of the System, the owner shall also pay a Service Connection Fee to the Township, in addition to the Connection Fee. The Service Connection Fee shall be a rate per connection for connections smaller than two inches in diameter that is based upon the annual average expense to the Township for installing a Service Connection, computed from the center of the road, as determined by the Utilities Committee. For connections of two inches or greater, the Service Connection shall be based upon the actual cost incurred by the Township. c. Credit Applicable to Properties Subject to Termination Agreement. Premises for which capacity was reserved in accordance with and to the extent of the Termination Agreement (e.g., the Caledonia Community Schools, the Glen Valley residential and commercial developments and the Jasonville Farms development) shall be deemed to have paid the Connection Fee. d. Those parcels located in a Special Assessment District and subject to a full special assessment on the Special Assessment Roll, including, parcels located within the Northwest Township Sewer Special Assessment District No , determined by resolution of the Township Board on January 31, 2001 and located within the Cherry Valley Sewer and Water Special Assessment District NO determined by resolution of the Township Board on October 15, 2003, shall be deemed to have paid the Connection Fee, if payments on the special assessment are current; provided, however, that such credit shall not result in a full or partial refund of the special assessment paid or payable pursuant to the Special Assessment Roll, unless specifically established by the Township at the time the Special Assessment Roll was confirmed by the Township; provided further that a partial special assessment (levied, for example, on a vacant lot) shall be offset against the Connection Fee. e. Cash Payment. The Connection Fee shall be paid in cash, to the extent not offset by a credit, prior to the issuance by the Township of a Service Connection permit to connect to the Water System pursuant to Article V. f. Increased Utilization of Water System. In the event a change in use of a Premises is proposed which will increase the utilization by that Premises of the Water System, then the owner of the Premises shall submit a new application for a Service Connection permit, the Township in accordance with the procedures set forth in Article V for the issuance of a Service Connection permit shall assign additional Units to the Premises to reflect such increased utilization and an additional Connection Fee based on the additional assigned Units shall be payable. g. Repair and Replacement of Service Connection. In the event the connection of a Service Line to a Service Connection for a Premises for which a Connection Fee has been paid is repaired, revised, or replaced, no additional Connection Fee shall be payable provided that an increase in the utilization by said Premises of the Water System does not occur as a result of said repair, revision or replacement. An additional Inspection and Administration Water Connection, Use and Rate Ordinance Revised 2005 Page 14

177 Fee may be payable as a result of said repair, revision or replacement, depending upon the circumstances. Section Meter Fee. The Meter Fee shall be established by resolution of the Township Board from time to time. Section Inspection and Administration Fee. The Inspection and Administration Fee shall be determined from time to time by resolution of the Township Board. Section Unmetered Fire Protection Fee. Customers who have an Unmetered Fire Protection Connection shall pay a quarterly Unmetered Fire Protection Fee established by resolution of the Township Board from time to time. Section Hydrant Rental. Unmetered public fire hydrants will be maintained at the expense of the System. Section Miscellaneous Customer Fee. The Township shall, from time to time, establish by resolution and impose on one or more Customers a Miscellaneous Customer Fee, as necessary, for the cost of miscellaneous services, repairs and related administrative costs associated with the Water System and incurred by the Township as a result of the intentional or negligent acts of such Customer or Customers, including for example and without limitation, excessive inspection services not covered by the Inspection and Administration Fee and services to turn water service on and off. The Customer shall be charged a fee established by resolution of the Township Board from time to time whenever the Township is requested by the Customer to turn on or off water service. Whenever the Township is requested to provide turn-on or off services at times other than regular business hours of the Township, there will be imposed an additional charge of labor and materials. Section Billing and Collection. It shall be the duty of the Township Treasurer to bill and collect all Water Supply Rates and Charges. The Township Treasurer shall mail each Customer a bill on or about the 1st day of the first month in each calendar quarter. The bill shall separately itemize the Water Supply Rates and Charges payable. Payment of the bill is due and payable on or before the 1st day of the second month in the quarterly billing period. Payment of a Miscellaneous Customer Fee shall be due on the 10th day after the bill or statement is mailed by the Township. Bills and notices will be mailed to the address listed on the water permit application filed with the Township unless a change of address has been filed in writing at the business office of the Township. No person shall be excused from payment of a bill by reason of non-delivery of such bill or notice. Payment of said bill shall be made at the Township business office. The Township may choose to bill monthly or to stagger billing if so desired. Section Late Payments. If Water Supply Rates and Charges are not paid on or before the due date then a time price differential of 5.0% per quarter or fraction of a quarter shall be charged on the unpaid balance until the Water Supply Rates and Charges are paid or certified for placement on the tax roll in accordance with Section 1114, below. Section Township Remedies. If Water Supply Rates and Charges are not paid on or before the due date, the Township, pursuant to Act 178 of the Public Acts of Michigan of 1939, as amended, may (i) discontinue the services provided by the Water System by Water Connection, Use and Rate Ordinance Revised 2005 Page 15

178 disconnecting the Service Line from the Service Connection or by turning off the curb stop, and the service so discontinued shall not be reinstated until all sums then due and owing, including time price differential, penalties, interest and all expenses incurred by the Township for shutting off and turning on the service, shall be paid to the Township; (ii) institute an action in any court of competent jurisdiction for the collection of the amounts unpaid, including time price differential, penalties, interest and reasonable attorney fees; or (iii) enforce the lien created in Section 1114 below. Before disconnecting service, the Township shall give thirty (30) days written notice to the Customer at the last known address according to the Township records and the Township Tax Assessment Roll. The notice shall inform the Customer that the Customer may request an informal hearing to present reasons why service should not be disconnected. These remedies shall be cumulative and shall be in addition to any other remedy provided in this Ordinance or now or hereafter existing at law or in equity including, without limitation, the alternative procedures set forth in Section 21 of the Revenue Bond Act of 1933, as amended, for certifying delinquent Water Supply Rates and Charges for placement on the tax roll. Under no circumstances shall actions taken by the Township to collect unpaid Water Supply Rates and Charges, time price differential, penalties and interest, invalidate or waive the lien created by Section 1114 below. Section Lien; Assessment of Delinquent Rates and Charges on Tax Roll. The Water Supply Rates and Charges shall be a lien on the respective Premises served by the System. Whenever Water Supply Rates and Charges shall be unpaid when due, they shall be considered delinquent. The Township Treasurer shall certify annually all delinquent Water Supply Rates and Charges and time price differential thereon, together with an additional amount equal to 5% of the aggregate amount outstanding, on or before October 1, of each year, to the tax-assessing officer of the Township, who shall enter the delinquent Water Supply Rates and Charges, time price differential, interest and penalties upon the next tax roll as a charge against the Premises affected and such charge shall be collected and the lien thereon enforced in the same manner as ad valorem property taxes levied against such Premises. Section Leased Premises; Security Deposit. A lien shall not attach for Water Supply Rates and Charges to a Premises which is (a) separately metered and (b) subject to a legally executed lease that expressly provides that the tenant (and not the landlord) of the Premises or a dwelling unit thereon shall be liable for payment of Water Supply Rates and Charges, effective for services which accrue after the date an affidavit is filed by the landlord with the Township. This affidavit shall include the names and addresses of the parties, the expiration date of the lease and an agreement by the landlord to give the Township 20 days written notice of any cancellation, change in or termination of the lease. The filing of the affidavit by the landlord shall be accompanied by a true copy of the lease and a security deposit in the amount of $ for a dwelling unit. A larger security deposit may be required by the Township Treasurer for Commercial Customers and Industrial Customers. Upon the failure of the tenant to pay the Water Supply Rates and Charges when due, the security deposit shall be applied by the Township against the unpaid balance, including time price differential, interest and penalties. Upon notification by the Township, the landlord or tenant shall immediately make sufficient payment to the Township to cover the amount of the security deposit so advanced. Upon the failure of the landlord or tenant to do so within ten (10) days of said notification, the penalties, rights and remedies set forth in Sections 1113 and 1114 of this Article shall be applicable with respect to the unpaid Water Supply Rates and Charges, including time price Water Connection, Use and Rate Ordinance Revised 2005 Page 16

179 differential, interest and penalties. The security deposit shall be held by the Township without interest and shall be returned to the landlord upon proof of termination of the lease. Section No Free Service. No free service shall be furnished by the System to any Person, public or private, or to any public agency or instrumentality. Section Cancellation of Permits; Disconnection of Service. Applications for connection permits may be cancelled or denied and/or water service disconnected by the Township for any violation of any part of this Ordinance, including, without limitation, any of the following reasons: a. Misrepresentation in the permit application as to the nature or extent of the property to be serviced by the System. b. Nonpayment of Water Supply Rates and Charges. c. Improper or imperfect connection and/or failure to keep Service Lines in a suitable state of repair. d. Damage to any part of the Water System. e. Existence of a Cross Connection. Section Turn on Following Disconnection; Security Deposit. If the water service supplied to a Customer has been discontinued for nonpayment of Water Supply Rates and Charges, service shall not be reestablished until all delinquent Water Supply Rates and Charges, including time price differential, interest and penalties, and the turn-off and turn-on charge has been paid. The Township reserves the right as a condition to reconnect said service to request that a nominal sum of $100 per dwelling unit be placed on deposit with the Township for the purpose of establishing or maintaining any Customer s credit. A larger security deposit may be required by the Township Treasurer for Commercial Customers and Industrial Customers. Said deposit shall not be considered in lieu of any future billing for Water Supply Rates and Charges. Upon the failure of the Customer to pay the Water Supply Rates and Charges when due, the security deposit shall be applied by the Township against the unpaid balance, including time price differential, interest and penalties. Upon notification by the Township, the Customer shall immediately make sufficient payment to the Township to cover the amount of the security deposit so advanced. Upon the failure of the Customer to do so within ten (10) days of said notification, the penalties, rights (including lien rights) and remedies set forth in Sections 1113 and 1114 of this Article shall be applicable with respect to the unpaid Water Supply Rates and Charges, including time price differential, interest and penalties. The security deposit shall be held by the Township without interest and shall be returned at the Customer s request upon continued timely payments by the Customer of all Water Supply Rates and Charges as and when due, for a minimum of 4 successive quarterly billing periods. Water Connection, Use and Rate Ordinance Revised 2005 Page 17

180 Article XII Flow of Funds Section Revenues; Depository. All Revenues of the Water System shall be set aside, as collected and deposited into separate funds in one or more banks designated by the Township Board and duly qualified to do business in Michigan in the manner and at the time(s) hereafter specified. a. Water Operating and Maintenance Fund. Except to the extent required by Section 1201(b) all Revenues of the Public Sewer System shall be deposited into a separate depository bank account entitled WATER OPERATING AND MAINTENANCE FUND and allocated to separate subaccounts in the following manner: (1) Operation and Maintenance Account. On a quarterly basis, adequate revenues from the collection of Commodity Fees and Readiness to Serve Fees sufficient to provide for the payment of the next quarter s current expenses of administration and operation of the Water System and such current expenses for the maintenance of the Water System to preserve the Water System in good repair and working order shall be deposited to the Operation and Maintenance Account. (2) Improvement Account. There shall next be established and maintained an account, designated Improvement Account, which shall be used for the purpose of making improvements in the efficiency of the Water System through the use of new technology and the replacement or repair of obsolete or inefficient components to prevent overburdening of or failures in the Water System. There shall be set aside into said fund, after provision has been made for the Operation and Maintenance Account, such revenues derived from Commodity Fees and Readiness to Serve Fees and other revenues as the Township Board shall deem necessary for this purpose. (3) Payment Account. There shall next be established and maintained an account, designated Payment Account, which shall include separate subaccounts for each of the Township s contractual payment obligations, exclusive of debt service on bonds issued by or on behalf of the Township which are provided for in Section 1201(b), below. The Payment Account shall include, without limitation, separate subaccount to provide for payment of the contractual payments derived from the proceeds of certain Connection Fees payable to the extent and in the manner provided in that certain Water System Extension Agreement dated as of July 1, 2003 by and between the Township and T&M Partners, LLC. (4) Water Extension Account. There shall next be established and maintained a Water Extension Account for the purpose of making extensions and enlargements to the Water System. To the extent the cost of System extensions and enlargements are funded from System revenues, it is the intent of the Township that such Revenues are derived from Water Supply Rates and Charges paid by Customers that benefit from such extensions and enlargements. Consistent with this intent, System revenues may be deposited to the Water Extension Account. (5) Surplus Account. Collections of revenues not allocated to one of the above described accounts or to a debt service fund or account in accordance with Water Connection, Use and Rate Ordinance Revised 2005 Page 18

181 Section 1201(b) shall be allocated to the Surplus Account. The funds on deposit in the Surplus Account may be used for any lawful purpose related to the Public Sewer System. b. Debt Service Funds. For the payment of debt service on bonds issued by or on behalf of the Township with respect to the Water System separate depository bank accounts shall be established and maintained as follows: (1) Debt Service Fund for Capital Improvement Bonds, Series The Township shall periodically transfer available revenues derived from the Water System to the Series 2003 Capital Improvement Bond - Debt Service Fund established in accordance with Paragraph 9 of the Resolution to Authorize Issuance of Capital Improvement Bonds adopted by the Township Board on September 17, 2003 sufficient, together with the collections of special assessments levied by the Township in Cherry Valley Sewer and Water Special Assessment District No , available revenues of the Township sewer system and other available Township revenues to pay principal and interest on the Township s Capital Improvement Bonds, (General Obligation Limited Tax), Series 2003, dated as of October 1, (2) Debt Service Funds for Special Assessment Bonds. Bonds issued by the Township to fund improvements to the Water System in accordance with Act 188 of the Public Acts of Michigan of 1954, as amended, including without limitation the Township s Public Improvement Special Assessment Bonds, Limited Tax General Obligation, Series 2001 payable from special assessments levied by the Township within Northwest Township Sewer Special Assessment District and Northwest Township Water Special Assessment District , shall be repaid entirely from special assessments levied on benefited properties and reference is hereby made to the respective bond authorizing resolution for the separate debt service funds established for each issue and the special assessment collections to be deposited to each such fund. As a general rule, revenues of the Water System are not pledged to the repayment of such special assessment bonds and shall not be deposited to the respective debt service funds. c. Bank Accounts. Moneys belonging to a single fund and all sub-accounts may be kept in one bank account, in which event the moneys shall be allocated on the books and records of the Township within this single bank account, in the manner set forth above. Section Transfer of Funds. In the event the moneys in the Operation and Maintenance Account are insufficient to provide for the current requirements of the Operation and Maintenance Account, any moneys and/or securities in other accounts of the Water Operating and Maintenance Fund, shall be transferred to the Operation and Maintenance Account, to the extent of any deficit therein and these monies shall be replaced in the next operating year. Section Investment of Funds. Moneys in any fund or account established by the provisions of this Ordinance may be invested in the manner provided in the Township Investment Policy. Income received from such investments shall be credited to the fund from which said investments were made. Water Connection, Use and Rate Ordinance Revised 2005 Page 19

182 Article XIII Utilities, Administrator, Utilities Committee Section Utilities Administrator. The Utilities Administrator shall coordinate the operation, maintenance and administration of the System, including ordinance application and enforcement for the Township. Section Duties of the Utilities Committee. The Utilities Committee shall be responsible for all aspects of managing the System on behalf of the Township and shall perform on behalf of the Township all functions delegated to the Township, the Supervisor or the Treasurer by the terms of this Ordinance. No decision of the Utilities Committee shall bind the Township until ratified by the Township Board at a regular or special meeting. Article XIV Administrative Appeals; Board of Appeals Section Board of Appeals. In order that the provisions of this Ordinance may be reasonably applied and substantial justice done in instances where unnecessary hardship would result from carrying out the strict letter of this Ordinance, the Board of Appeals shall consider appeals from the Utilities Committee with regard to the Water System. The Board of Appeals may determine, in particular cases, whether any deviation from strict enforcement will violate the intent of the Ordinance or jeopardize the public health, safety or welfare. Section Right to Informal Hearing. An informal hearing before the Utilities Committee may be requested in writing by any Person deeming itself aggrieved by a citation, order, charge, fee, surcharge, penalty or action within twenty (20) days after the date thereof, stating the reasons therefore with supporting documents and data. The informal hearing shall be scheduled at the earliest practicable date, but not later than ten (10) days after receipt of the request, unless extended by mutual written agreement. The hearing shall be conducted by the Utilities Committee in accordance with the Open Meetings Act on an informal basis at the Township Hall or at such other place as designated by the committee. The Utilities Committee shall have the authority to grant waivers from the strict application of ordinance requirements in order to achieve reasonable application of the Ordinance and avoid unnecessary hardships provided that such waiver shall not violate the intent of the Ordinance or jeopardize the public health, safety or welfare. The Utilities Committee shall have the authority to approve installment payment arrangements for Connection Fees, provided that: the installment payment is determined to be in the best interest of the Township; interest shall be charged on the unpaid balance and in the event the Township has outstanding debt or contractual payment obligations payable in part or in whole from System revenues, such rate shall be 1% higher than the average rate of interest payable by the Township on such debt or obligation; and the installment term shall not exceed the lesser of ten (10) years or the remaining term of outstanding Township debt or contractual payment obligations payable in part or in whole from System revenues. The Utilities Committee shall issue a written statement of its decision within ten (10) business days after the informal hearing. Water Connection, Use and Rate Ordinance Revised 2005 Page 20

183 Section Appeals from Informal Hearing. Appeals from the written decisions of the Utilities Committee may be made to the Board of Appeals, within thirty (30) days from the date of such written decision. Such appeal may be taken by any Person aggrieved. The appellant shall file a written Notice of Appeal with the Utilities Committee and with the Board of Appeals, specifying the grounds therefore. Prior to a hearing, the Utilities Committee shall transmit to the Board a summary report of all previous action taken. The Board of Appeals may, at its discretion, call upon the Utilities Committee to explain the action. The final disposition of the appeal shall be in the form of a resolution, either reversing, modifying or affirming, in whole or in part, the appealed decision or determination. In order to find for the appellant, a majority of the Board of Appeals must concur. The Board of Appeals shall fix a reasonable time for the hearing of the appeal, give due notice thereof to interested parties, and decide the same within a reasonable time. Within the limits of its jurisdiction, the Board of Appeals may reverse or affirm, in whole or in part, or may make such order, requirements, decision or determination as, in the Board s opinion, ought to be made in the case under consideration. Subject to Section 1406, the decision of the Board of Appeals shall be final. The Board of Appeals shall meet at such times as the Board of Appeals may determine. There shall be a fixed place of meeting and all meetings shall be held in compliance with the Open Meetings Act. The Board of Appeals shall adopt its own rules or procedure and keep a record of its proceedings, showing findings of fact, the action of the Board of Appeals, and the vote of each member upon each question considered. The presence of four (4) members of the Board of Appeals shall be necessary to constitute a quorum. Section Payment of Amounts Outstanding. All Water Supply Rates and Charges accrued or outstanding during any appeal process shall be due and payable to the Township. Upon resolution of any appeal, the Township shall adjust such amounts accordingly; however, such adjustments shall be limited to the previous one year s billing unless otherwise directed by court order. Section Effect of Administrative Action. If any informal or formal hearing is not demanded within the periods specified herein, such administrative action shall be deemed final. In the event either or both such hearings are demanded, any action subject to appeal shall be suspended until a final determination has been made, except in the case of an immediate cease and desist order issued pursuant to this Ordinance. Section Appeal from Board of Appeals. Appeals from the determinations of the Board of Appeals may be made to the Circuit Court for the County of Kent within twenty (20) days as provided by law. Article XV Powers and Authority of Township Employees or Representatives Section Township Representatives. Duly authorized employees or representatives of the Township, bearing proper credentials and identification, shall be permitted to enter upon all Premises at all reasonable hours served by the System for the purpose of meter reading, inspection, observation, measurement, sampling, testing, replacement and repairs in accordance with the provisions of this Ordinance. Water Connection, Use and Rate Ordinance Revised 2005 Page 21

184 Section Inspection of Plumbing System. Duly authorized employees or representatives of the Township, bearing proper credentials and identification, shall be permitted to enter upon all Premises served by the System for the purpose of determining the presence of Cross Connections and test or inspect devices preventing Cross Connections. On request, the Customer shall furnish to the Township all pertinent information regarding the Plumbing System of the Premises. Refusal of such access or information shall be prima facie evidence of the presence of Cross Connection. Section Customer Safety Rules. While performing the duties in Sections 1301 and 1502 above, the duly authorized employees or representatives of the Township shall observe all reasonable safety rules applicable to the Premises established by the Customer. Article XVI Penalties Section Destruction of System. No unauthorized Person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with, climb upon, or enter into any structure, appurtenance, or equipment of the System or connect or disconnect any Service Line to any Service Connection. Section Notice to Cease and Desist. Except for those violations provided in Section 1601 hereof, any Person found to be violating any provision of this Ordinance shall be served by the Township with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Section Civil Infraction. Any violation of Section 1601, or any violation beyond the time limit provided for in Section 1602, shall be a municipal civil infraction, for which the fine shall not be less than $100 nor more than $500 for the first offense and not less than $200 nor more than $2,500 for subsequent offenses, in the discretion of the Court, and in addition to all other costs, damages, and expenses provided by law. For purposes of this section, subsequent offense means a violation of this Ordinance committed by the same person within 12 months of a previous violation of the Ordinance for which said person admitted responsibility or was adjudicated to be responsible, provided, however, that offenses committed on subsequent days within a period of one week following issuance of a citation for the first offense shall all be considered separate first offenses. Each day that such violation occurs or continues shall constitute a separate offense. Any person violating any of the provisions of this Ordinance shall, in addition, become liable for any expense, loss, or damage occasioned by reason of such violation. The Supervisor is hereby authorized to issue citations for municipal civil infractions for violation of the Ordinance. Section Nuisance. Any nuisance or any violation of this Ordinance is deemed to be a nuisance per se. The Township in the furtherance of the public health is hereby empowered to make all necessary repairs or may enforce the requirements of this Ordinance by injunction or other remedy, or take other corrective action necessitated by such nuisance or violation. The Person who violated the Ordinance or permitted such nuisance or violation to occur shall be responsible to the Township for the costs and expenses incurred by the Township in making such repairs or taking such action. Water Connection, Use and Rate Ordinance Revised 2005 Page 22

185 Section Liability for Expense. Any Person violating any of the provisions of this Ordinance shall become liable to the Township and its representatives for any expense, including reasonable attorney s fees, loss, or damage, incurred by the Township by reason of such violation. Section Remedies Cumulative. The remedies provided by this Ordinance shall be deemed to be cumulative and not mutually exclusive. Article XVII Miscellaneous Section Repeal of Conflicts. All ordinances or parts of ordinances in conflict herewith and relating to the Water System, including without limitation Township Ordinance No adopted March 18, 1998 and Ordinance No adopted March 10, 1999, are hereby repealed. Section Severability. The validity of any section, clause, sentence, or provision of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts. Section State and Federal Law Requirements. If any provision of applicable state or federal law imposes greater restrictions than are set forth in this Ordinance then the provisions of such state or federal law shall control. Section Article and Section Headings. The Article and Section headings used in this Ordinance are for convenience of reference only and shall not be taken into account in construing the meaning of any portion of this Ordinance. Article XVIII Publication and Effective Date Section Publication. A true copy or a summary of this Ordinance shall be published within thirty (30) days after its adoption and the same shall be recorded in the Ordinance Book of the Township and such recording authenticated by the signatures of the Township Clerk and Supervisor. Section Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its publication as provided by law. Article XIX Amendment Section Reservation of Right to Amend. The Township specifically reserves the right to amend this Ordinance in whole or in part, at one or more times hereafter, or to repeal the same, and by such amendment to repeal, abandon, increase, decrease, or otherwise modify any of the Water Supply Rates and Charges herein provided. Water Connection, Use and Rate Ordinance Revised 2005 Page 23

186 APPENDIX I MAP OF CALEDONIA WATER SUPPLY DISTRICT Water Connection, Use and Rate Ordinance Revised 2005 Page I-1

187 SEWER CONNECTION, USE AND RATE ORDINANCE (Ord. No , amended by Ord. Nos , 11-02, and 12-01) AN ORDINANCE to regulate the use of public and private sewers and drains, private sewage disposal, the installation and connection of building sewers, and the discharge of waters and wastes into the Caledonia public sewer system, to provide for the connection to and the fixing and collection of rates and charges for the use of the sewer system and the allocation and use of revenues derived therefrom; and to provide penalties for ordinance violations. THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: Article I Short Title, Findings, Purpose Section 101. Short Title. This Ordinance shall be known as the Sewer Connection, Use and Rate Ordinance and may be cited as such. Section 102. Intent. This Ordinance is intended to apply to all properties served by the Township s Public Sewer System located in the M-37 Sewer District and the Campau/Kettle Lake Sewer District. Section 103. Objectives Re: Contract Requirements. This Ordinance is adopted in accordance with and in furtherance of the Township s obligations as set forth in Contract and the Sewer Agreement. Section 104. Objectives Re: State and Federal Law Requirements. This Ordinance sets forth uniform requirements for Users of the Public Sewer System and enables the Township to comply with all State and Federal laws applicable to a publicly owned sanitary sewer collection, transportation and treatment systems, including the Clean Water Act (33 United States Code 1251 et seq.). In addition, the objectives of this Ordinance include the following: (a) To prevent the introduction of pollutants into the Public Sewer System which will interfere with the operation of the Public Sewer System and its components, the Village Collection System or the Sewage Treatment Facility or contaminate the resulting sludge; (b) To prevent the introduction of pollutants into the Public Sewer System which will pass through the Public Sewer System and its components, the Village Collection System or the Sewage Treatment Facility, inadequately treated, into the ground water or otherwise be incompatible with the Public Sewer System and its components, the Village Collection System or the Sewage Treatment Facility; (c) To improve the opportunity to recycle and reclaim wastewaters and sludges from the Public Sewer System; System; and (d) To provide for proportional distribution of the cost of the Public Sewer Sewer Connection, Use and Rate Ordinance Revised 2012 Page 1

188 (e) To protect the physical integrity of the Public Sewer System and its components, the Village Collection System and the Sewage Treatment Facility, and to provide for the safety of the public and workers on and in the Public Sewer System, the Village Collection System or the Sewage Treatment Facility. Section 105. Findings Re: Public Health, Safety and Welfare. The Township hereby determines that the Public Sewer System is immediately necessary to protect and preserve the public health, safety and welfare of the Township. This determination is based upon the express determination of the State Legislature set forth in Section of the Michigan Public Health Code, which reads as follows: Sec Public sanitary sewer systems are essential to the health, safety, and welfare of the people of the state. Septic tank disposal systems are subject to failure due to soil conditions or other reasons. Failure or potential failure of septic tank disposal systems poses a threat to the public health, safety, and welfare; presents a potential for ill health, transmission of disease, mortality, and economic blight; and constitutes a threat to the quality of surface and subsurface waters of this state. The connection to available public sanitary sewer systems at the earliest, reasonable date is a matter for the protection of the public health, safety, and welfare and necessary in the public interest which is declared as a matter of legislative determination. Section 106. Finding Re: Measure of Sewer Use by Metering of Water Supply. The Township hereby finds that the metering of domestic water supply is the best available technology and preferred method for measuring with relative precision the discharge to and the use of the Public Sewer System. However, the Township recognizes that the cost for the implementation, use and maintenance of this technology is often high especially for residential users of the Public Sewer System. To the extent practicable, the Township will see to use and require metering for measuring discharges to and use of the Public Sewer System. For Users which are connected to the Public Water System, the Township finds that the use of a Readiness to Serve Fee based upon the size of the Water Meter combined with a Commodity Fee based upon metered water usage is a valid, cost effective and practical method for measuring use of the Public Sewer System. For Users which are not also customers of the Public Water System, the Township finds that the use of a flat-rate User Charge based upon Units is a valid, cost effective and practical method for measuring use of the Public Sewer System, particularly with respect to detached single-family residential users. Article II Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: Section 201. Available Public Sanitary Sewer System. A public sewer which is part of the Public Sewer System (tapped or untapped) located in a right-of-way, easement, highway, street or public way which crosses, adjoins, or abuts upon a property, passes not more than 200 feet at the nearest point from a Structure in which Sanitary Sewage Originates; provided, however, that with respect to a Township approved PUD, the terms of which PUD require Sewer Connection, Use and Rate Ordinance Revised 2012 Page 2

189 connection of all property within the PUD to public sewer, an Available Public Sewer System shall be a public sewer which is part of the Public Sewer System (tapped or untapped) located in a right-of-way, easement, highway, street or public way which crosses, adjoins, or abuts the PUD. With respect to properties located in the Campau/Kettle Lake Sewer District, an Available Public Sanitary Sewer System shall be a public sewer which is part of the Public Sewer System (tapped or untapped) located in a right-of-way, easement, highway, street or public way which crosses, adjoins, or abuts upon the properties contiguous to Campau Lake or Kettle Lake regardless of distance from the Structure in which Sanitary Sewage Originates and, with respect to properties not contiguous to Campau Lake or Kettle Lake, passes not more than 200 feet at the nearest point from a Structure in which Sanitary Sewage originates. Section 202. B.O.D.5 or Biochemical Oxygen Demand. As used in this Ordinance, the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20 C., expressed in PPM by weight. Section 203. Board of Appeals. The Township Board acting in the capacity as the Wastewater Board of Appeals pursuant to Article X of this Ordinance. Section 204. Building Drain. That part of the lowest piping of a drainage system which receives the discharge of Sewage inside of the walls of the building and conveys said discharge to the Building Sewer. Section 205. Building Sewer. The extension from the Building Drain which conveys the discharge of Sewage to the Public Sewer System (typically, the Sewer Lead and its components) or other place of disposal. Section 206. Campau/Kettle Lake Sewage Disposal System. The sanitary sewer collection and transmission system known as the Campau/Kettle Lake Sewage Disposal System, including all publicly-owned Service Connections, mains, lifts, pumping stations, odor control facilities and all appurtenances thereto, located in the Campau/Kettle Lake Sewer District and the related Sewage Treatment Facility. Section 207. Campau/Kettle Lake Sewer District. That portion of the Township served by the Campau/Kettle Lake Sewage Disposal System, as outlined in the attached Appendix I. Section 208. Claimant. Any person who makes a claim for economic damages which allegedly were caused by a Sewage Disposal System Event, as defined in Section 901. Section 209. C.O.D. or Chemical Oxygen Demand. The oxygen consuming capacity of inorganic and organic matter present in Sewage. Section 210. Commodity Fee. A periodic charge levied on Users for use of the Public Sewer System on the basis of water consumption. The charge represents a portion of (a) that User s proportionate share of the fixed and variable Cost of Operation and Maintenance (and may include Cost of Replacement of the System) and (b) the benefit to that User derived from the use of the Public Sewer System. The charge may include a debt service component, as Sewer Connection, Use and Rate Ordinance Revised 2012 Page 3

190 necessary, to pay all or a portion of the principal, interest and administrative costs of retiring debt incurred for the acquisition, construction and improvement of the Public Sewer System. Section 211. Compatible Pollutant. The pollutants which can be treated and removed to a substantial degree by the Sewage Treatment Facility. These pollutants include but are not limited to defined maximum concentrations of B.O.D. 5, S.S., ph and additional pollutants identified in the Discharge Permit if the Sewage Treatment Facility was designed to treat such pollutants, and in fact does remove such pollutant to a substantial degree. Section 212. Connection Fee. The charge imposed by the Township to regulate the connection of a Building Sewer, either directly or indirectly, to the Public Sewer System. This fee represents (a) the proportional cost attributable to each Structure in which Sanitary Sewage Originates to regulate access to the Public Sewer System and ensures that sufficient capacity exists to accommodate the additional use without overburdening the Public Sewer System or adversely affecting the Township s ability to provide service to the Public Sewer System s existing customers and (b) the benefit to the owner of a Structure in which Sanitary Sewage Originates derived from the connection to the Public Sewer System including, but not limited to, eliminating or reducing the risk of failure of private Sewage Disposal Facilities and the contamination of ground water. See also Direct Connection and Indirect Connection. Section 213. Contract. The Campau/Kettle Lake Sewage Disposal System Contract, dated as of October 1, 1994, by and between the County and the Township, which has been discharged in full and terminated. Section 214. Control Manhole. The structure installed on the Building Sewer or Service Connection to allow access for measurement and sampling of Sewage discharging from Industrial Users and commercial establishments. Section 215. Cost of Operation and Maintenance. All costs, direct and indirect, inclusive of all expenditures attributable to administration, Cost of Replacement, treatment and collection of Sewage, necessary to insure adequate treatment and collection of Sewage on a continuing basis in conformance with the Discharge Permit, and other applicable local, state and federal regulations. With respect to the M-37 System only, the Cost of Operation and Maintenance for collection and transportation of Sewage shall be those costs attributable to the M-37 Collection System, except for the costs attributable to the Village Collection System and payable by the Township to the Village as a transportation charge pursuant to Paragraph 7.e. of the Sewer Agreement with respect to any Users whose sewage is transported to the Village s Sewage Treatment Facility by any portion of the Village Collection System. Section 216. Cost of Replacement. Expenditures and costs for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the System to maintain capacity and the performance for which the System was designed and constructed. Section 217. County. The County of Kent, Michigan. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 4

191 Section 218. Debt Service Charge. The amount charged to Users of the Public Sewer System to pay all or a portion of the principal, interest and administrative costs of retiring the debt incurred for acquisition and construction of the Public Sewer System. Section 219. Direct Connection. The connection of the Building Sewer directly to the Public Sewer System. Section 220. Discharge Permit. The permit issued by the MDEQ for the discharge of treated Sewage from each Sewage Treatment Facility. Section 221. Domestic Sewage. The liquid wastes from all habitable buildings and residences and shall include human excreta and wastes from sinks, lavatories, bathtubs, showers, laundries and all other water-carried wastes of organic nature either singly or in combination thereof. Section 222. Garbage. Solid wastes from the preparation, cooking and dispensing of food, and the handling, sale and storage of produce and, in addition, all paper, plastic and other household items, including containers, whether or not disposable or biodegradable in nature. Section 223. Gravity System. The publicly-owned gravity Sewer Lead which provides the connection between the privately-owned Building Sewer and the Public Sewer System. A diagram of a typical Gravity System is attached to this Ordinance as Appendix III. Section 224. Grinder Pump. In a Grinder Pump System, the device to which the Building Sewer connects and which grinds and pumps the Sewage for transportation to the Sewage Treatment Facility. Section 225. Grinder Pump System. The publicly owned Grinder Pump, controls and pressure discharge pipe, including all control boards, controls, floats, pumps, storage tanks and appurtenances thereto which provides the connection between the privately-owned Building Sewer and the Public Sewer System. A diagram of a typical Grinder Pump System is attached to this Ordinance as Appendix IV. Section 226. Health Department. Kent County Health Department. Section 227. Indirect Connection. The connection of a Building Sewer to a sewage collection system which is installed to applicable Township and County specifications and with Township approval, paid for by special assessment or private funds, serves multiple Users, connected to the Public Sewer System, and, after construction, turned over to the Township and becomes part of the Public Sewer System (e.g., if a developer constructs collection sewers in a plat and connects the collection sewers to the Public Sewer System, the connection of each lot in the plat would be an Indirect Connection). Section 228. Industrial Users. Users which discharge Industrial Wastes. Section 229. Industrial Wastes. The liquid wastes, solids or semisolids from industrial, manufacturing, trade or business processes as distinct from Domestic Sewage. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 5

192 Section 230. Inspection and Administration Fee. The amount charged to each applicant by the Township at the time an application is made to the Township for connection to the Public Sewer System to cover the actual routine cost of inspecting and approving the physical connection of a Building Sewer and Service Connection to the Public Sewer System, the issuance of a connection permit and related administrative expenses. Section 231. Inspector. The person responsible for inspecting connections of Building Sewers and Service Connections to the Public Sewer System as designated by the Township. Section 232. Joint Sewer Committee. The Sewer Committee comprised of Township and Village representatives and established pursuant to the Sewer Agreement. Section 233. M-37 Collection System. The collection sewer, trunk sewers, pumping stations, forcemain and appurtenances thereto which collect and transport Sewage from the M-37 Sewer District to the Village s Sewage Treatment Facility. In the case of the Sewer District - South Township Area, as said term is defined in the Sewer Agreement, the Sewage is transported by the M 37 Collection System to the Village Collection System and, in turn, to the Village s Sewage Treatment Facility. Section 234. M-37 Sewer District. The portion of the Township which is served by the M 37 Collection System and the Village Sewage Treatment Facility which is described in the attached Appendix II and excludes the Village. Section 235. Section 236. Section 237. May. Is permissive. MDEQ. Michigan Department of Environmental Quality. MG/L. Milligrams per liter, or parts per million. Section 238. Miscellaneous User Fee. The amount charged to Users for miscellaneous services and related administrative costs associated with the System as the actual cost incurred by the Township plus administration/enforcement costs. Section 239. NAICS. The North American Classification System or the successor publication, if replaced. Section 240. Natural Outlet. Any outlet into a Watercourse, pond, ditch, lake or other body of surface or ground water. Section 241. Normal Strength. The concentration of constituents of which do not exceed the limits established in Section 603 of this Ordinance and which do not contain a concentration of other constituents which will interfere with the Public Sewer System or the treatment process of the Sewage Treatment Facility. Section 242. Nuisance. Without limitation, any condition where Sewage or the effluent from any Sewage Disposal Facility is exposed to the surface of the ground; or is permitted to drain on or to the surface of the ground or into any Natural Outlet. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 6

193 Section 243. ph. The negative logarithm of the concentration of hydrogen ions in solution, in grams per liter. A measure of relative acidity (ph less than 7) or alkalinity of (ph greater than 7) the solution tested. A neutral solution has a ph of 7. Section 244. PPM. Parts per million, equal to milligrams per liter. Section 245. Person. Any individual, firm, company, association, society, corporation or group, public or private. Section 246. Pretreatment. The treatment of extra strength Industrial Wastes in privately owned pretreatment facilities prior to discharge into the Public Sewer System. Section 247. Private Water Meter. An instrument for measuring the rate of flow of private water from a private water supply that is installed by a User at the User s sole cost and is approved and inspected by the Township for the purpose of metering such private water usage for the calculation of the Commodity Charge. Section 248. Properly Shredded Garbage. The wastes from the preparation, cooking and dispensing of foods that have been shredded or cut to such degree that all particles will be carried freely under the flow conditions normally prevailing in Public Sewers, with no particle greater than one-eighth inch in any dimension. Section 249. Public Sewer System or System. The M-37 Collection System, the Campau/Kettle Lake Sewage Disposal System and the Village s Sewage Treatment Facility. Section 250. Public Water. Water provided by the Public Water System. Section 251. Public Water System or Water System. All Township facilities and all subsequent additions and expansions, including wells, pumps, water treatment facilities, transmission and distribution mains, hydrants, storage tanks, Meters, and all other facilities used or useful in the pumping, treatment, and distribution of Public Water. Section 252. Readiness to Serve Fee. A periodic charge levied on a User based upon the size of the User s Meter. The charge represents a portion of (a) that User s proportionate share of the fixed Cost of Operation and Maintenance and Cost of Replacement of the System and (b) the benefit to that User derived from the availability of the Public Sewer System and the peak usage that User may demand from the Public Sewer System. The charge may include a debt service component, as necessary, to pay all or a portion of the principal, interest and administrative costs of retiring debt incurred for the acquisition, construction and improvement of the Public Sewer System. Section 253. Revenues. All collections of Sewer Rates and Charges, including time price differential, interest and penalties. Section 254. Sanitary Sewer. A sewer which carries Sewage and into which storm, surface and ground waters are not intentionally admitted. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 7

194 Section 255. Service Connection. The portion of the Public Sewer System which extends perpendicular either to or onto the parcel of land adjacent to the path of the Public Sewer System main, and includes the tee/wye, the Sewer Lead, a Grinder Pump System, a Gravity System, related pumping facilities and appurtenances, but not including the Building Sewer. Section 256. Sewage. Any combination of the water-carried waste material from residences, business buildings, institutions and industrial establishments, including Industrial Wastes and Domestic Sewage. Section 257. Sewage Disposal Facilities. Any on-site, private septic tank, Subsurface Disposal System or other devices used in the disposal of Sewage and which are not part of the System. Section 258. Sewage Disposal System Event. An overflow or backup of the Public Sewer System, as defined in Section 901. Section 259. Sewage Treatment Facility. The publicly owned physical plant and appurtenances designated to receive and treat the raw, untreated Sewage, which in the case of the properties located in the M-37 Sewer District, is owned by the Village, subject to the allocated flow rights of the Township established by the Sewer Agreement, and, which in the case of the properties located in the Campau/Kettle Lake Sewer District, is owned by the Township. Section 260. Sewer Agreement. The First Amended and Restated Agreement Re: Caledonia Sewage Disposal System dated as of March 1, 2000 by and between the Village and the Township. Section 261. Sewer District. The M-37 Sewer District and the Campau/Kettle Lake Sewer District, as more particularly described in this Ordinance. Section 262. Sewer Lead. That portion of the Service Connection which connects to the sewer main located in the public right-of-way and extends perpendicular therefrom to the property line. Section 263. Sewer Rates and Charges. The Connection Fee, Inspection and Administration Fee, User Charge, Debt Service Charge, User Surcharge, Miscellaneous User Fee and the civil penalty imposed pursuant to Section 306. Section 264. Sewer Rates and Charges. The Connection Fee, Inspection and Administration Fee, Readiness to Serve Fee, Commodity Fee, Debt Service Charge, User Surcharge, Miscellaneous User Fee and the civil penalty imposed pursuant to Section 306. Section 265. Shall. Is mandatory. Section 266. Slug. Any discharge of water, Sewage or Industrial Wastes which, in concentration of any given constituent or in quantity of flow, exceeds, for any period of time longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 8

195 Section 267. Special Assessment District. All Special Assessment Districts determined at any time by the Township Board including, but not limited to, those special assessment districts located within the M-37 Sewer District or the Campau/Kettle Lake Sewer District for the provision of sanitary sewer service by the Public Sewer System. Section 268. Special Assessment Roll. All Special Assessment Rolls confirmed at any time for a Special Assessment District by the Township Board. Section 269. Storm Sewer or Storm Drain. A sewer which carries storm or surface waters, or drainage, but excludes Sewage. Section 270. Structure in which Sanitary Sewage Originates. A building in which toilet, kitchen, laundry, bathing, or other facilities which generate Sewage are used or are available for use for household, commercial, industrial, or other purposes. Section 271. Subsurface Disposal System. An arrangement for distribution of septic tank effluent beneath the ground surface (e.g. a drainfield system, tile field, dry well or soil absorption system ). Section 272. S.S. or Suspended Solids. Solids either floating or suspended in Sewage, or other liquids and which are removable by laboratory filtering and biologic processes. Section 273. System. The Public Sewer System. Section 274. System Receiving Funds. The funds established pursuant to Article VIII to receive collections of Sewer Rates and Charges. Section 275. Township. The Charter Township of Caledonia, acting by and through its authorized representatives. Section 276. U.S. EPA. The United States Environmental Protection Agency which assures the protection of the environment by abating or controlling pollution on a systematic basis. Section 277. Unit or Units. A standard basis of measuring the relative quantity of Sewage, including the benefits derived from the disposal thereof, arising from the occupancy of a freestanding single-family residential dwelling (but such term shall not necessarily be related to actual use arising from any particular dwelling), with an average daily sewage discharge of 200 gallons. A listing of the relative relationships between the various Users of the System is hereby determined by the Township and is set forth in Appendix V to this Ordinance. The assignment of Unit(s) to a particular User shall be determined from time to time by the Township, based upon available information, studies and investigation of the use to which the User s property is put. The assignment of Unit(s) for any use not enumerated in Appendix V shall, in the sole discretion of the Township, be based upon the most similar use enumerated in Appendix V. Section 278. User. A recipient of services provided by the System including premises which are connected to and discharge Sewage into the System. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 9

196 Section 279. User Class. A class of Users connected to the System including but not limited to residential, industrial, commercial, institutional and governmental. (a) Residential User. A User of the System whose premises or buildings are used primarily as a domicile for one or more persons including dwelling units such as detached, semi-detached and row houses, mobile homes, apartments or permanent multi-family dwellings (transient lodging is not including, it is considered a Commercial User). Wastes. (b) Industrial User. A User of the System which discharges Industrial (c) Commercial User. An establishment listed in the current edition of the NAICS, involved in a commercial enterprise, business or service which, based on a determination by the Township, discharges primarily segregated Domestic Sewage and which is not a Residential User or an Industrial User. (d) Institutional User. Any establishment listed in the current edition of the NAICS involved in a social, charitable, religious or educational function which, based on the determination by the Township, discharges primarily segregated Domestic Sewage. System. (e) Governmental User. Any federal, state or local government User of the Section 280. User Surcharge. A charge imposed on a User of the System for discharges of Sewage that are in excess of Normal Strength Sewage. Section 281. Utilities Administrator. The Person retained by the Township by contract or employment to coordinate the operation, maintenance and administration of the System. Section 282. Utilities Committee. The Utilities Committee established by the Township Board and comprised of the Township Supervisor, Clerk and Treasurer and the Utilities Administrator as an ex officio member. Section 283. Village. The Village of Caledonia. Section 284. Village Collection System. The Village s collection sewers, Service Connections, trunk sewers, pumping stations and appurtenances located within the Village which are owned by the Village and which, in part, transport Sewage to the Village Sewage Treatment Facility from the Sewer District - South Township Area, as said term is defined in the Sewer Agreement. Section 285. Watercourse. A channel in which a flow of water occurs, either continuously or intermittently. Section 286. Water. Water Meter. An instrument for measuring the rate of flow of Public Sewer Connection, Use and Rate Ordinance Revised 2012 Page 10

197 Article III Connection to and Extension of Public Sewer System Section 301. Discharge of Sewage. No Person shall discharge to any Natural Outlet within the Sewer District any Sewage or other polluted waters except where suitable treatment has been provided in accordance with standards established by the MDEQ, U.S. EPA and this Ordinance. No Person shall place, deposit, or permit to be deposited in any unsanitary manner any human excreta or Sewage on property within the Township. Section 302. Sewage Disposal Facilities. Except as provided in this Ordinance, no Person shall construct or maintain in the Sewer District any private Sewage Disposal Facilities. Any person owning property connected to the Public Sewer System shall provide for the proper abandonment or destruction of existing private Sewage Disposal Facilities. Section 303. Mandatory Connection of Properties in Special Assessment District. As a matter of public health, all owners of Structures in which Sanitary Sewage Originates, now situated or hereafter constructed within a Special Assessment District in the Sewer District, are hereby required at their expense to install suitable plumbing fixtures and connect such facilities directly with the Available Sanitary Sewer System in accordance with the provisions of this Ordinance. The Township may require any such owners, pursuant to the authority conferred upon it by law or ordinance, to make such installations or connections which must have the approval (during and after construction) of the Inspector. Section 304. Mandatory Connection of New Construction in Sewer District, Outside Special Assessment Districts. As a matter of public heath, all owners of parcels located in the Sewer District, but outside any Special Assessment District, which are presently undeveloped and which are hereafter improved by a Structure in which Sanitary Sewage Originates shall be required to connect to the Available Public Sanitary Sewer System in the manner provided by Sections 303 and 306, subject to the availability of capacity in the System. Section 305. Connection of Existing Improved Properties in Sewer District Outside Special Assessment District. Owners of all presently situated Structures in which Sanitary Sewage Originates, which are located in the Sewer District, but outside of a Special Assessment District and which are currently served by private Sewage Disposal Facilities, shall not be required to connect to the Available Public Sanitary Sewer System until such time as (a) the existing private Sewage Disposal Facilities fail (as determined by the Health Department) and said owner required by the Health Department to connect to the System in lieu of repairing or replacing the failed private Sewage Disposal Facility or (b) connection of all improved properties within the area in which said premises are located is declared a necessity by the Township for the public health and welfare. Upon the occurrence of any such event, connection shall be made to the Public Sewer System in accordance with Sections 303 and 306, subject to the availability of capacity in the System. In the alternative, an owner of property subject to this Section 305, may connect to the Public Sewer System at any time in compliance with the terms of this Ordinance, subject to the availability of capacity in the System. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 11

198 Section 306. Connection Deadline. As a matter of public health, all connections to the Public Sewer System required hereunder, shall be completed no later than one year after the last to occur of the date of official notice by the Township to make said connections or the modification of a structure so as to become a Structure in which Sanitary Sewage Originates. Newly constructed structures required to connect shall be connected prior to occupancy thereof. Persons who fail to complete a required connection to the Public Sewer System within the applicable period shall be liable for a civil penalty in an amount equal to the User Charges and Debt Service Charges that would have accrued and been payable had the connection been made as required, in addition to the penalties provided in this Ordinance. Section 307. Enforcement in Event of a Failure to Connect. In the event a required connection to the Public Sewer System is not made within the time provided by Section 306, the Township shall require the connection to be made immediately after notice given by first class or certified mail or by posting on the property. The notice shall give the approximate location of the Available Public Sanitary Sewer System and shall advise the owner of the affected property of the requirement and enforcement provisions provided by Township ordinance and state law. In the event the required connection is not made within 90 days after the date of mailing or posting of the written notice, the Township may bring an action in the manner provided by law in a court of competent jurisdiction for a mandatory injunction or court order to compel the property owner to immediately connect the affected property to the Available Public Sanitary Sewer System. Section 308. Expansion of Sewer District. The owner of a Structure in which Sanitary Sewage Originates now situated or hereafter constructed outside the Sewer District may be permitted to connect to the Public Sewer System only upon the consent of the Township Board to extend the Sewer District to include said property. The consent of the Township Board shall be granted or denied by the Township Board in the exercise of its reasonable discretion and may, without limitation, be based upon the following considerations: (a) the continued availability of System capacity for properties located within the applicable Sewer District; (b) the capacity of the Sewage Treatment Facility determined by reference to its Discharge Permit and the capacity rights of the Township established by the Sewer Agreement; (c) the number of Users currently connected to the Public Sewer System in the applicable Sewer District; (d) Sewer District; the amount of vacant undeveloped lands contained within the applicable (e) the likelihood of the development of such vacant lands and whether such lands are subject to a special assessment or other capital charge for construction of a Public Sewer System; (f) the public health considerations for constructing the Public Sewer System in the applicable Sewer District and the portion of remaining available capacity in the Sewage Sewer Connection, Use and Rate Ordinance Revised 2012 Page 12

199 Treatment Facility needed to alleviate and avoid public health concerns in the applicable Sewer District; (g) the proximity of the lands to be served by the proposed extension to the lands currently served by the applicable Sewer District; and (h) the amount of available capacity in the Sewage Treatment Facility to ultimately serve the intervening lands in the event the lands to be served by the requested extension are not contiguous to the applicable Sewer District. In its discretion, the Township Board may require the person requesting the extension of the applicable Sewer District to provide at the sole expense of said person an engineering report by a consulting engineer acceptable to the Township addressing the feasibility of the proposed extension in the context of the foregoing considerations. In addition, the owner requesting the extension of the applicable Sewer District may, in the discretion of the Township Board, be required to pay all or a portion of the expense (including engineering, legal and similar expenses incurred by the Township) of the extension and related improvement of the Public Sewer System necessary to serve the extension of the applicable Sewer District. Section 309. Extensions and Improvements of Public Sewer System. Extension of or improvements to the Public Sewer System may be initiated by the Township or by written request, including petitions, from property owners. The Township may grant the petition, in its discretion, and prescribe the terms and conditions upon which the petition will be granted and may require the written acceptance of such terms and conditions by the petitioners. As a condition of granting the petition, the petitioners must pay, in addition to all other charges imposed on new connections under this Ordinance, a fee to cover the actual cost (or proportion of cost) of extending the sewer main along the entire frontage of the Premises, from property line to property line, improving the collection, transportation and treatment system, or making other changes necessary to accommodate the extension and new connection. All newly constructed components of the Public Sewer System shall be inspected by the Township engineer or other designated representative at the expense of the petitioner. The specifications for materials and construction shall be approved by the Township engineer. The Township may, in the discretion of the Township Board, utilize any means legally available to the Township to extend or improve the Public Sewer System, including, without limitation, Township Funds on hand, the proceeds of bonds, funds advanced from a township improvement revolving fund or public improvement fund or the proceeds of special assessments. The Township, in its sole discretion, may also enter into a contract with any Person to set forth the terms and conditions for extending or improving the Public Sewer System, including payment for the extension or improvement. Such contract may in the discretion of the Township provide that a Person who extends the Public Sewer System or who pays for improvements to the Public Sewer System (the Contracting Party ) may be reimbursed for a portion of such expenditures from revenues resulting from Connection Fees for connection and other charges paid by Customers other than the Contracting Party which thereafter utilize the Public Sewer System facilities installed by the Contracting Party. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 13

200 Article IV Private Sewage Disposal Section 401. Private Sewage Disposal Facilities. Private Sewage Disposal Facilities are prohibited within the Sewer District if there is an Available Public Sanitary Sewer System, with capacity available in the manner set forth in Article III. If there is not an Available Public Sanitary Sewer System for a parcel of land located in the Sewer District, pursuant to the provisions of Article III, the Building Sewer shall be connected to private Sewage Disposal Facilities constructed in compliance with requirements of the Health Department and the MDEQ. Section 402. Connection to Public Sewer, Abandonment. When there is an Available Public Sanitary Sewer System for a property served by a private Sewage Disposal Facility, the Building Sewer shall be connected to the Public Sewer System in compliance with this Ordinance, and the private Sewage Disposal Facilities shall be abandoned for sanitary use in the manner required by the Health Department. Section 403. Responsibility. The owner shall operate and maintain the private Sewage Disposal Facilities in a sanitary manner at all times, at no expense to the Township. Section 404. Governmental Requirements. No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Township, the Health Department, the MDEQ or any other governmental agency with jurisdiction over the Sewer District. Article V Building Sewers and Connections Section 501. Approval Required. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb the Public Sewer System or appurtenance thereof without first obtaining a written permit from the Township. Section 502. Sewer Connection Permit. The application for a Service Connection Permit shall be on a form furnished by the Township and shall be accompanied by payment of the applicable Connection Fee, any civil penalty which has accrued pursuant to Section 306, and the Inspection and Administration Fee, the bond required pursuant to Section 505, the plans and specifications of all plumbing construction within the premises (when requested), a sketch (with all distances in feet) showing the proposed sewer connection including the building outline, the location and size of the proposed Building Sewer and Sewer Lead, the location of clean outs, the location of the public sewer line and the location of the nearest manhole on the Public Sewer System, the proposed use of the premises and all other information required by the Township. The approval of an application for Service Connection permit shall be subject to compliance with all terms of this Ordinance, the execution of an easement to the extent required by Section 515, below, verification that the premises is properly zoned for its proposed use and the availability of capacity in the Public Sewer System, including Compatible Pollutant capacity. A permit for a Service Connection must be obtained prior to filing an application with the Township for a building permit. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 14

201 Section 503. Compliance with Ordinance, Other Applicable Permits. A connection to the Public Sewer System shall be made only by an authorized contractor or plumber following written authorization and the issuance of a Service Connection permit by the Township. All connections made to the Public Sewer System shall be carried out in full compliance with all applicable provisions of Township ordinances. In addition, appropriate permits shall be first obtained from all other agencies having jurisdiction, including though not limited to the Kent County Road Commission and Michigan Department of Transportation with respect to any roads and highways under the jurisdiction of such agencies. Section 504. Building Sewer Construction. (a) The Township, in consultation with the Township engineer, may provide to applicants a listing of the types of sewer pipe which are acceptable for connection to the Public Sewer System. The diameter of such pipes may be either 6 inches (minimum S.D.R. 35) or 4 inches (PVC Schedule 40). (b) All Building Drains and Building Sewers shall be installed commencing at the Sewer Lead and shall be laid at a uniform line and grade to the building connection. (c) Previously installed Building Sewers may be used or reconnected only if the Township has determined that such Building Sewers fully comply with all requirements of this Ordinance. (d) A separate and independent Building Sewer shall be provided for every building; except if one building stands at the rear of another on an interior lot and no Building Sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, then the Building Sewer from the front building may be extended to the rear building and the whole considered as a single Building Sewer, at Township discretion. (e) The size, slope and alignment of the Building Sewer, the materials to be used in the construction of a Building Sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Township, the County if applicable, the Township Building Code and Plumbing Code or other applicable rules and regulations of the Township. The connection of the Building Sewer to the Sewer Lead shall be gas-tight and water-tight. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. (or its successor entity) and W.E.F. Manual of Practice No. 9 shall apply. (f) All Building Sewers installed under driveways, walkways, parking lots and plowed areas shall have not less than four feet of cover below grade, in order to prevent freezing. All other areas shall have not less than two feet of cover. Minimum grades shall be as follows: 6 inch pipe - 1/8 inch per foot; 4 inch pipe - 1/4 inch per foot. (g) Whenever possible, the Building Sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any Building Drain is too low to permit gravity flow to the Public Sewer, the Sewage received by the Building Drain shall be lifted by an approved means and discharged to the Building Sewer. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 15

202 Section 505. Cost of Installation, Indemnification, Bond. All costs and expenses incident to the installation and connection of the Building Sewer and the Sewer Lead shall be borne by the property owner. The owner shall indemnify the Township from any loss or damage that may directly or indirectly be occasioned by the installation and connection of the Building Sewer and the Sewer Lead and/or including the connection of the Building Sewer to an existing Sewer Lead. Before issuance of a Service Connection permit, the owner or applicant shall deposit with the Township, in favor of the Township, a corporate surety bond or cash bond in the sum of $2,500, conditioned that all work will be performed faithfully with due care and skill and in accordance with applicable rules and regulations established by the Township. Such bond shall provide that the contractor making the installation and connection will indemnify and save harmless the Township and the owner of the premises against all damages, costs, expenses and claims of every nature arising out of unskillfulness or negligence on his part in connection with the work to be performed. Responsibility for indemnification shall not be limited to the amount of the Bond. The Township may hold the bond for up to twelve (12) months following completion of installation and connection of the Building Sewer and the Service Connection. Section 506. Capacity. No connections or extension of the System will be allowed unless, in the opinion of the Township engineer, there is capacity available in downstream sewers, pump stations, interceptors, force mains and the Sewage Treatment Facility, including capacity for Compatible Pollutants in the Sewage Treatment Facility. Section 507. Stop-Work Order. In the event that the Township or the Inspector determines that a Building Drain, Building Sewer, Sewer Lead or a connection thereto is being laid in a manner which does not conform with applicable Township ordinances or regulations, an authorized Township representative or the Inspector may order all such work to cease, by delivering a notice to such effect in writing to the owner or contractor, with a copy to the Township Clerk. Section 508. Inspection. A Service Connection permittee shall notify the Inspector when the Building Sewer and Service Connection are ready for inspection. The excavation shall be left open until inspection is complete. If the Inspector determines that the Building Sewer and Service Connection have been constructed and installed pursuant to this Ordinance, the Building Sewer shall then be connected with the Service Connection under the observation of the Inspector. The inspection shall include the installation of all required components of the Service Connection, including without limitation, wiring, conduit, sealants, riser, discharge lines and related necessary appurtenances. Section 509. Barricades; Restoration. All excavations for Building Sewer and Sewer Lead installation shall be adequately guarded with barricades and lights, so as to protect the public from hazard. Streets, sidewalks, parkways and any other public property disturbed in the course of work shall be restored in a manner satisfactory to the Township. Section 510. Connection of Certain Drains is Prohibited. No Person shall directly or indirectly make connection of roof downspouts, exterior footing or foundation drains, areaway drains, storm drains, sump pumps or other points of entry of surface runoff or ground-water to a Building Sewer or Building Drain which in turn is connected directly or indirectly to the Public Sewer System. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 16

203 Section 511. Township Responsibility for Repairs; Operation and Maintenance. The cost of all repairs, operation, maintenance and replacement of the Public Sewer System (including the Service Connection) shall be a budgeted expense of the System, subject to the right of the Township to impose a Miscellaneous User Fee in accordance with Section 706, below. Section 512. Property Owner s Responsibility for Repairs, Operation and Maintenance. The cost of all repairs, operation, maintenance and replacements of Building Sewers and their connection to Public Sewer Systems (even if located in a public right-of-way) shall be borne by the property owner. If the Service Connection is a Gravity System, or in the case of all Service Connections which are not Gravity Systems if the property owner has not granted an easement to the Township and/or the County to maintain the Service Connection, then the cost of all repairs, operation, maintenance and replacement of the Service Connection shall also be borne by the property owner. Section 513. Additional Regulations. The Township may prepare and submit to applicants for public sewer service a written listing of information and regulations relating to connections with the Public Sewer System, and all such owners or applicants shall comply with the same. Such listing of information or regulations may include items noted above as well as others relating to the installation of Building Sewers and Service Connections in a good and workmanlike manner. Section 514. Extension of the System. The design and construction of extensions of the System shall be in accordance with Township and, if applicable, County policy and guidelines. An estimate of cost will be prepared by the Township engineer for any such proposed extension. Payment for the extension shall be by private or public means in a manner approved by the Township. Following construction, the extension together with necessary easements and appurtenances shall be dedicated to the Township and become part of the System. Section 515. On-Lot Easement Requirements. Prior to the approval and issuance of a Service Connection permit for a Service Connection which includes a Grinder Pump System, the applicant will be requested to have executed by the property owner(s) of record for the premises to be connected, an easement in a form provided by the Township granting permission to the Township, and/or the County as the case may be, to operate and maintain, repair and replace the Service Connection to be installed on the premises. (a) If the applicant provides such easement, then the Township shall provide, at its cost, all needed repairs, operation, maintenance and replacement of the Service Connection in accordance with Section 511, above. (b) If the applicant, for any reason, declines to provide said easement, then the permit may be issued in the discretion of the Township, together with an appropriate bill of sale conveying from the Township to the property owner title to all components comprising the Service Connection. In these circumstances, no more than one Building Sewer may be connected to each Grinder Pump Station. Following installation of the Service Connection (which installation is subject to inspection by the Inspector in accordance with the terms of this Ordinance), the property owner shall, at his or her expense, repair, operate, maintain and replace the Service Connection in accordance with Section 512, above. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 17

204 (c) A property owner or his or her successor may, at any time following the installation of a Service Connection on a premises for which no easement was provided to the Township, and/or the County as the case may be, prior to the issuance of a permit, grant the appropriate easement to the Township, and/or the County as the case may be. The Township shall accept said easement and assume the responsibility for repair, operation, maintenance and replacement provided that the Inspector has inspected the Service Connection and is satisfied that the Service Connection is in good working order, reasonable wear and tear excepted. In the event such inspection reveals that the Service Connection has not been properly maintained or that the condition of the Service Connection has deteriorated beyond reasonable wear and tear, the Township may condition its acceptance of the easement and assumption of the financial responsibility for operation, maintenance and repair and replacement of the Service Connection upon (i) (ii) (iii) appropriate repairs of the Service Connection at the expense of the property owner, replacement of the Service Connection or individual components thereof at the expense of the property owner, or such other conditions as the Township, in the exercise of its reasonable judgment, deems appropriate. The acceptance of the easement by the Township, and/or the County as the case may be, shall be accompanied by an executed Bill of Sale by the property owner conveying the Service Connection to the Township, and/or the County as the case may be. (d) Section 515 shall not apply if the Service Connection is a Gravity System. (e) If the Grinder Pump System is proposed to connect to more than one Building Sewer, the on-lot easement must include an easement for a Sewer Lead to the property line of the second premises. Section 516. Selection of Service Connection. The Township shall determine the type of Service Connection for each User on the basis of conformity to prior installations and the integrity of the Public Sewer System. The Township, in its sole discretion, depending upon the circumstances and availability of an on-lot easement permit two Building Sewers may be connected to a single Grinder Pump System; however, it is the intent of the Township to limit single grinder pumps to service only one house, with the electrical service to be provided by the owner of said house. Article VI Use of the Public Sewer System Section 601. Prohibited Discharge of Storm Water. No Person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, foundation or area drains, subsurface drainage, unpolluted cooling water or unpolluted industrial process Sewer Connection, Use and Rate Ordinance Revised 2012 Page 18

205 waters directly to the Public Sewer System or to a Building Sewer or Building Drain which is connected to the Public Sewer System. Section 602. Permissible Discharge of Storm Water. Storm water and all other unpolluted drainage shall be discharged to the ground surface, Storm Drain, or to a Natural Outlet in accordance with applicable state and federal regulations. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the appropriate State agency, to a Storm Sewer or Natural Outlet. Section 603. Prohibited Discharges to Public Sewer System. Except as hereinafter provided by specific limits stated in the Ordinance, no Person shall discharge or cause to be discharged Sewage with any of the following described characteristics to the Public Sewer System: (a) (b) (c) B.O.D. 5 in excess of 250 MG/L. C.O.D. in excess of 450 MG/L. Chlorine demand in excess of 15 MG/L. (d) Explosive liquids, solids or gas, gasoline, benzene, naphtha, fuel oil, or other flammable material. (e) Any Garbage which is not Properly Shredded Garbage. (f) Grease, oils, wax or fats in excess of 50 MG/L or any other substances that will solidify or become viscous at temperatures between 32 F and 150 F. (g) obstruction to flow. (h) Substances which tend to settle out in the System, causing stoppage or Liquids which are corrosive. (i) Insoluble, solid, or viscous substances such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, tar, feathers, plastics, wood, hair, fleshings, paunch manure and the like. (j) Noxious or malodorous gases such as but not limited to hydrogen sulfide, sulphur dioxide or oxides of nitrogen and other substances which are or may be public nuisances. (k) Substances having a ph less than 6.0 or greater than 9.0 or having any other corrosive property capable of causing damage or hazards to the structures, equipment or personnel of the Public Sewer System. (l) All Industrial Wastes and all toxic, poisonous or metallic compounds exceeding limits established by applicable state and federal regulations or the Discharge Permit. (m) Any substance harmful to the System. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 19

206 (n) (o) (p) Any live animals or fish. Suspended Solids in excess of 250 MG/L. Wastes having a temperature less than 32 F or greater than 150 F. (q) Color, as from but not limited to dyes, inks, and vegetable tanning solutions which prevent light absorbency which would interfere with treatment processes of the Sewage Treatment Facility or that prevent analytical determinations. (r) Radioactive wastes or isotopes of a half-life or concentration which exceeds limits established by applicable State and federal regulations. (s) (t) Sodium in excess of 150 MG/L. Chloride in excess of 250 MG/L. (u) Any other substance which is not amenable to treatment as necessary to comply with the Discharge Permit and applicable regulatory and governmental requirements. Section 604. Discharge Permit Limitations. No Person shall discharge or cause to be discharged into the System any Sewage which would cause effluent from the Sewage Treatment Facility to exceed discharge limits established in the Discharge Permit issued for operation of the System. Section 605. Remedies, Pre-Treatment. If any Sewage is discharged, or is proposed to be discharged to the Public Sewer System, and such Sewage contains the substances or possesses the characteristics enumerated in Section 603 or Section 604, and which in the judgment of the Township and/or the County may have a harmful effect upon the System or Sewage Treatment Facility, or receiving waters, or which otherwise create a hazard to life or constitute a public Nuisance, the Township may take the actions necessary to: (a) Sewer System. Effect a cease and desist of the discharge of the Sewage to the Public (b) Require pre-treatment of the Sewage to an acceptable condition prior to discharge to the Public Sewer System. (c) Require control over the quantities and rates of discharge. (d) Require payment to cover the added cost of handling and treating the Sewage pursuant to Sections 607 and 705 hereof. (e) Require new Industrial Users or Industrial Users with significant changes in strength or flow of effluent to submit detailed information to the Township and/or County concerning the proposed flows or effluent. If the Township and/or County permits the pre-treatment or equalization of Sewage flows, the design and installation of the treatment plants and equipment shall be subject to the Sewer Connection, Use and Rate Ordinance Revised 2012 Page 20

207 review and approval of the Township and/or County through its industrial pretreatment program, the Health Department, the MDEQ, and shall also be subject to the requirements of all applicable codes, ordinances, regulations and laws. No construction of pre-treatment or equalization facilities shall take place until all necessary approvals are obtained in writing, and copies of said approvals are forwarded to the Township and/or County. Section 606. Maintenance of Pre-Treatment Facilities. Where preliminary treatment or flow equalizing facilities are provided for any Sewage, said facilities shall be maintained continuously in satisfactory and effective operation by the owner at no expense to the Township and/or County. Section 607. Special Arrangements, Surcharge. No provision of this Ordinance shall be construed as preventing any special agreement or arrangement between the Township and any User whereby Sewage of unusual strength or character may be accepted by the Township for treatment, subject to payment of a User Surcharge by the User. Section 608. Grease, Oil and Sand Interceptors. Grease, oil, and sand interceptors shall be installed, operated, maintained, repaired and replaced by the individual User and at no cost to the other Users of the System when determined by the Township Utilities Administrator and/or Utilities Committee to be necessary for the proper handling of Sewage containing ingredients described in Section 603 of this Article; provided that all restaurants shall install a grease interceptor within ninety (90) days after the effective date of this Ordinance. All interceptors shall be properly maintained on a regular basis by the individual User and shall be: inspection, (a) (b) of the type and capacity prescribed by the Township, located so as to be readily and easily accessible for cleaning and (c) constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature, and (d) of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight. Section 609. Control Manhole. When required by the Township Utilities Administrator, the owner(s) of any property serviced by a Building Sewer carrying Industrial Wastes shall install a suitable Control Manhole upstream from the connection to the Public Sewer System. The purpose of this Control Manhole shall be to enable observation, sampling, and measurements of the Industrial Wastes. The Control Manhole shall be at the property line or in a location approved by the Township engineer, shall be easily accessible, and shall be constructed in accordance with plans and specifications approved by the Township engineer. Installation of the Control Manhole, sampling equipment and other appurtenances required by the Township shall be at the expense of the property owner. The owner shall operate, maintain, repair and replace the Control Manhole and appurtenances in a safe, accessible and operable manner at all times at the owner s expense. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 21

208 Section 610. Testing of Industrial Wastes. All measurements, tests, and analyses of characteristics of Industrial Wastes shall be conducted on samples obtained at the Control Manhole. Where no specific Control Manhole has been constructed, the Control Manhole shall be considered to be in the nearest downstream manhole in the Public Sewer System to the point at which the Building Sewer is connected. Costs incurred by the Township for said testing may, at the discretion of the Township, be charged to the User discharging the Industrial Wastes as a Miscellaneous User Fee. Section 611. Test Standards. All measurements, tests, and analyses of Sewage characteristics described in this Article shall be determined in accordance with the current Standard Methods for the Examination of Water and Sewage, as published by the A.P.H.A., A.W.W.A. and W.E.F. (or their successor entities). Sampling shall be carried out by customarily accepted methods, so as to reflect the effect of constituents upon the System and to determine the existence of hazards to life and property. Section 612. No Responsibility for Interruption of Service. The Township shall make all reasonable efforts to eliminate interruption of service, and when any such interruption occurs, will endeavor to re-establish service with shortest possible delay. Whenever service is interrupted for purposes of working on the System, the Village Collection System or the Sewage Treatment Facility, all customers affected by such interruption will be notified in advance whenever it is reasonably possible to do so. The Township shall in no event be held responsible for claims made against it by reason of the breaking of any mains or service pipes, or by reason of any other interruption of the service caused by the breaking of machinery or stoppage for necessary repairs. No Person shall be entitled to damages or have any portion of any payment of Sewer Rates and Charges refunded for any interruption of sewer service. Section 613. Non-Domestic Wastes. Any industry or structure discharging Industrial Wastes to a Sanitary Sewer, Storm Sewer or receiving stream shall file the material listed below with the Township. The Township may also require each Person who applies for or receives sanitary sewer service to file the material and/or take the actions listed below: (a) File a written statement setting forth the nature of the enterprise, the source and amount of water used, the amount of water to be discharged, with its present or expected bacterial, physical, chemical, radioactive, or other pertinent characteristics of the wastes. (b) Provide a plan, drawing or map of the building, works or complex, with each outfall or discharge to the surface waters, Sanitary Sewer, Storm Sewer, Natural Outlet, or ground waters noted, described, and the waste stream identified. (c) Sample, test, and file reports with the Township and the appropriate State agencies on appropriate characteristics of wastes on a schedule, at locations, and according to methods approved by Township. (d) Place waste treatment facilities, process facilities, waste streams, or other potential waste problems under the specific supervision and control of persons who have been certified by an appropriate state agency as properly qualified to supervise such facilities. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 22

209 (e) Provide a report on raw materials entering the process or support system, intermediate materials, final product, and waste by-products as those factors may affect waste disposal and control. (f) Maintain records and file reports on the final disposal of specific liquids, solids, sludges, oils, radioactive materials, solvents, and other wastes. (g) If any industrial process is to be altered as to include or negate a process waste or potential waste, written notification shall be given to the Township for its approval. Article VII Sewer Rates and Charges Section 701. Public Utility Basis, Fiscal Year, Budget Rate Review. The M-37 Collection System shall be operated and maintained by the Township, the Village Collection System and the Village Sewage Treatment Facility shall be operated and maintained by the Village pursuant to the Sewer Agreement, and the Campau/Kettle Lake Sewage Disposal System shall be operated and maintained by the Township on a public utility basis pursuant to state law, including Act 94 of the Public Acts of Michigan of 1933, as amended. The Public Sewer System shall be operated on the same fiscal year as the Township. From time to time, the Township Board shall review and revise all Sewer Rates and Charges to ensure that all Sewer Rates and Charges are in accordance with applicable law and revised as necessary to preserve the Public Sewer System in good repair and working order and to insure that all User Classes pay their proportionate share of the Cost of Operation and Maintenance of the Public Sewer System. Section 702. Connection Fee. The owner of all premises required or permitted by Article III to connect to the System shall pay a Connection Fee. manner: (a) Computation. The Connection Fee shall be established in the following (i) (ii) (iii) For a Direct Connection to the Public Sewer System, the Connection Fee shall be a rate per Unit established by resolution of the Township Board from time to time. For an Indirect Connection to the Public Sewer System, the Connection Fee shall be a rate per Unit established by resolution of the Township Board from time to time. For non-residential Users which are metered in the discretion of the Township in accordance with Appendix V, a one-time adjustment in the amount of the Connection Fee may be made by the Township at the conclusion of the metering period. In the event of a subsequent increase in utilization of the Public Sewer System, subsection (e) shall apply. (iv) The Connection Fee may be set in different amounts for Direct Connections and Indirect Connections for connections to the Sewer Connection, Use and Rate Ordinance Revised 2012 Page 23

210 Campau/Kettle Lake Sewage Disposal System or M-37 Collection System, or any special assessment district located therein, based upon the Contract, the Sewer Agreement and/or the differences in cost attributable to each portion of the Public Sewer System. (v) For connections resulting in flows to the Village Sewage Treatment Facility, the Connection Fee shall include: the Equity/Permit Reimbursement Fee payable to the Village in the amount of $505 per Unit pursuant to the Sewer Agreement, $400 per Unit for deposit to the Township Treatment Facility Escrow Fund in the manner required by the Sewer Agreement, and the $1,700 per Unit Treatment Facility Cost Basis (as defined in the Sewer Agreement) payment payable to the Village in Accordance with the Sewer Agreement. (b) Cost and Expense of Service Connection. In addition to the Connection Fee as computed in (a) above, the owner of the premises shall be liable for the costs and expenses of acquiring and installing the Service Connection pursuant to Article V and Township specifications on file at the Township. (c) Credit for Special Assessments. Those parcels located in a Special Assessment District and subject to a full special assessment on the Special Assessment Roll shall be deemed to have paid the Connection Fee, if payments on the special assessment are current; provided, however, that such credit shall not result in a full or partial refund of the special assessment paid or payable pursuant to the Special Assessment Roll; provided further that a partial special assessment (levied, for example, on a vacant lot) shall be offset against the Connection Fee. In the case of parcels located within the Northwest Township Sewer Special Assessment District No , determined by resolution of the Township Board on January 31, 2001, and located within the Cherry Valley Sewer and Water Special Assessment District No , determined by resolution of the Township Board on October 15, 2003, and located within the M-37 Sewer District, sufficient credit shall be given to reduce the Connection Fee for a Direct Connection or an Indirect Connection to $2,950 per Unit and in the case of a homestead property located in Northwest Township Sewer Special Assessment District No which was initially specially assessed for only one (1) acre, the credit for the Connection Fee shall only apply to the first acre of land and for all remaining acreage, a full Connection Fee shall be payable. (d) Cash Payment. The Connection Fee shall be paid in cash, to the extent not offset by a credit, prior to the issuance by the Township of a Service Connection permit to connect to the Public Sewer System pursuant to Article V. (e) Increased Utilization of Public Sewer System. In the event a change in use of a premises is proposed which will increase the utilization by that premises of the Public Sewer System, then the owner of the premises shall submit a new application for a Service Connection permit to the Township. The Township shall assign additional Units to the premises to reflect such increased utilization and an additional Connection Fee and Inspection and Administration Fee based on the additional assigned Units. Such fees shall be payable in Sewer Connection, Use and Rate Ordinance Revised 2012 Page 24

211 accordance with the procedures set forth in Article V for the issuance of a Service Connection permit. No refunds are given for a change in use which lessens the unit calculations and assignment. (f) Repair and Replacement of Service Connection. In the event the connection of a Building Sewer to a Service Connection for a premises for which a Connection Fee has been paid is repaired, revised, or replaced, no additional Connection Fee shall be payable provided that an increase in the utilization by said premises of the Public Sewer System does not occur as a result of said repair, revision or replacement. An additional Inspection and Administration Fee may be payable as a result of said repair, revision or replacement, depending upon the circumstances, as determined by the Utilities Administrator. Section 703. Transfer of Units Between Properties. (a) Transfer of Units to Contiguous Property. Notwithstanding the above and consistent with prior Township ordinances, owners of property included in the M 37/76th Street Sewer Special Assessment District established by the Township Board on April 21, 1993, and located within the M-37 Sewer District, may transfer Units to other contiguous property which they own (in common ownership) in the M-37 Sewer District upon pre-payment, in full, of the entire unpaid Special Assessment attributable to said transferred Units and accrued and unpaid interest and penalties attributable thereto. It is the intent of the Township that the unpaid balance of the special assessments remaining on the parcel from which the Units are so transferred not be disproportionate to the number of Units remaining after said transfer and allocable to the parcel of property originally specially assessed. A summary of the Units so transferred which specifies the owners and parcels of property involved shall be filed with the Township Utilities Administrator before any connection to the Public Sewer System is applied for on the basis of the transferred Units. (b) Reserved. No section (b) in original. (c) Capacity Transfer Agreements Between Private Parties are Prohibited. Any agreements to transfer paid Units between private parties inconsistent with this Ordinance shall be null and void, shall not be recognized by the Township, and connection to the Public Sewer System with respect to such capacity shall not be permitted. Section 704. (a) Charges for Use of Public Sewer System. Readiness to Serve Fee. (i) Users connected to the Public Water System shall pay a quarterly Readiness to Serve Fee, billed in advance, based on the size of the Water Meter which serves the premises, as established by resolution of the Township Board from time to time. For such Users, the Readiness to Serve Fee shall entitle the User to discharge up to 14,000 gallons of Sewage per quarter to the Public Sewer System. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 25

212 (ii) (iii) For Users not connected to the Public Water System, the Township Board may establish by resolution from time to time a Readiness to Serve Fee, billed in advance, on a per Unit basis in accordance with Appendix V. For such Users, the Readiness to Serve Fee shall be based upon an assumed discharge to the Public Sewer System of 14,000 gallons of Sewage per quarter per Unit. For premises with a single Water Meter that contains more than one dwelling unit, such as a mobile home park or multiple family residence, the Readiness to Serve Fee for the premises shall be the greater of (A) the Readiness to Serve Fee for the single Water Meter which serves the Premises, or (B) the product of the number of dwelling units in the premises multiplied by the Readiness to Serve Fee for a 5/8 x 3/4 Water Meter. For such premises, the Readiness to Serve Fee shall entitle the User(s) to discharge 14,000 gallons of Sewage per quarter to the Public Sewer System for each dwelling unit. (b) Commodity Fee. (i) Users connected to the Public Water System shall pay a quarterly Commodity Fee, to be billed in arrears, based on metered Public Water usage in excess of the volume of Sewage discharge provided by the Readiness to Serve Fee during the immediately preceding quarter, in an amount established by resolution of the Township Board from time to time. In setting the Commodity Fee for Users connected to the Public Water System, the following shall be taken in account: (A) (B) The Commodity Fee for Users shall take into account metered Public Water that does not enter the Public Sewer System (e.g. lawn and garden irrigation water, cooling water, unpolluted air-conditioning water or unpolluted industrial process water) if such metered Public Water is separately metered by a deduct or irrigation meter in a manner acceptable to the Township. Accordingly, the Commodity Fee for such a User shall be based upon the net metered Public Water determined by subtracting the volume of Public Water metered by the deduct or irrigation meter from the volume of Public Water metered by the primary Water Meter. For Residential Users that do not have a deduct or irrigation meter, the Commodity Fee for all four calendar quarters shall be based upon the metered Public Water for the winter calendar quarter (e.g. January, February, March). Sewer Connection, Use and Rate Ordinance Revised 2012 Page 26

213 (C) For premises that contain more than one dwelling unit for which the Readiness to Serve Fee is determined in accordance with Section 704(a)(iii), the Commodity Fee shall be based upon the volume of metered Public Water usage for the premises that exceeds the product of the number of dwelling units within the premises multiplied by 14,000 gallons per quarter. (ii) (iii) For Users not connected to the Public Water System, the Township Board may establish by resolution from time to time a Commodity Fee, billed in advance, on a per Unit basis in accordance with Appendix V. For such Users, the Commodity Fee shall be based upon an assumed discharge to the Public Sewer System of 4,000 gallons of Sewage per quarter per Unit. For Users not connected to the Public Water System that have installed and use a Private Water Meter, such Users shall pay a quarterly Commodity Fee, to be billed in arrears, based on water usage, as metered by the Private Water Meter, in excess of the volume of Sewage discharge provided by the Readiness to Serve Fee during the immediately preceding quarter, in an amount established by resolution of the Township Board from time to time. (A) (B) The Commodity Fee for Users specified in Section 704(b)(iii) that have installed and use a Private Water Meter shall take into account metered water from a private water supply that does not enter the Public Sewer System (e.g. lawn and garden irrigation water, cooling water, unpolluted air-conditioning water or unpolluted industrial process water) if such metered water usage from the private water supply is separately metered by a deduct or irrigation meter in a manner acceptable to the Township. Accordingly, the Commodity Fee for such a User shall be based upon the net metered water usage determined by subtracting the volume of water usage from the private water supply metered by the deduct or irrigation meter from the volume of water usage from the private water supply metered by the Private Water Meter. For Residential Users not connected to the Public Water System that have installed and use a Private Water Meter and do not have a deduct or irrigation meter, the Commodity Fee for all four calendar quarters shall be based upon the water usage from the private water supply metered by the Private Water Meter for the winter calendar quarter (e.g. January, February, March). Sewer Connection, Use and Rate Ordinance Revised 2012 Page 27

214 (iv) The Township reserves the right to base the Commodity Fee on estimated water usage due to the inability to read the Water Meter (for Users connected to the Public Water System) or a Private Water Meter (for Users not connected to the Public Water System with a private water supply) as a result of inclement weather, acts of God, a broken or blocked access to the readout for a Water Meter or Private Water Meter, a program malfunction, and/or similar events beyond the control of the Township. (c) Intent Re: Users Not Connected to Public Water System. For Users not connected to the Public Water System or Users with a private water supply that do not have a Private Water Meter to meter private water usage, it is intended that the Readiness to Serve Fee and the Commodity Fee be based upon an assumed total discharge of Sewage to the Public Sewer System of 18,000 gallons per quarter. (d) Debt Service Charge. The Debt Service Charge shall be a rate per month or per quarter per Unit, billed in advance, established by resolution of the Township Board from time to time. (e) Fees and Charges may be set in Different Amounts. The Readiness to Serve Fee, the Commodity Fee, and the Debt Service Charge may be set in different amounts for Users of the Campau/Kettle Lake Sewage Disposal System or the M-37 Collection System or any Special Assessment District, based upon the related contract, agreement or understanding including, without limitation, the Contract and the Sewer Agreement and the differences in cost attributable to each portion of the Public Sewer System. (f) Accrual Date. The Readiness to Serve Fee, Commodity Fee and Debt Service Charge shall accrue upon the earlier of (a) the date of issuance of an occupancy permit by the Township, or (b) the 150th calendar day after the sewer Service Connection Permit application is filed with the Township in accordance with Section 502. If necessary, the initial billing of the Readiness to Serve Fee, the Debt Service Charge and, if billed on a per Unit basis, the Commodity Fee may include a pro rata billing in arrears to the accrual date determined in the manner provided above. (g) Change in Use. After connection of a premises to the Public Sewer System, which premises is not connected to the Public Water System, subsequent changes in the character of use or type of occupancy of the premises shall not abate the obligation of the User to pay the Readiness to Serve Fee, Commodity Fee and Debt Service Charge for the premises based upon the number of Units originally allocated thereto, unless and until the Township determines that the number of Units allocated to such premises shall be increased or decreased based upon such changes in use or occupancy. (h) Unoccupied Premises. A Readiness to Serve Fee, Commodity Fee and Debt Service Charge shall not be charged to a premises which is not used for a period of twelve (12) consecutive months (which fact shall be established to the reasonable satisfaction of the Township) if the sewer service for such premises is turned off by the Township and the appropriate Miscellaneous Customer Fee is paid by the User. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 28

215 (i) Normal Strength Domestic Sewage. A User who discharges toxic pollutants or Sewage into the System that does not qualify as Normal Strength Domestic Sewage shall, in addition to the Readiness to Serve Fee, Commodity Fee and Debt Service Charge, also pay a User Surcharge determined pursuant to Section 705 below for each day such toxic pollutants or non-qualifying Sewage are discharged. Section 705. User Surcharge. The User Surcharge payable pursuant to Section 704(b) above, shall be established from time to time by resolution of the Township Board and shall be sufficient to provide for the proportional distribution of the increased Cost of Operation and Maintenance of the System. Factors such as Sewage strength, volume, discharge flow rate characteristics and the increased expense of the System for the transportation and treatment of Normal Strength Domestic Sewage shall be considered and included as a basis for determining the User Surcharge. Section 706. Miscellaneous User Fee. The Township Board shall, from time to time, establish by resolution and impose on one or more Users a Miscellaneous User Fee, as necessary, for the cost of miscellaneous service, repairs and related administrative costs associated with the System and incurred by the Township, without limitation, as a result of the intentional or negligent acts of such User or Users, including for example and without limitation, excessive inspection services not covered by the Inspection and Administration Fee, costs of repairing and/or replacing a Grinder Pump and costs incurred by the Township to shut off and turn on sewer service. Section 707. Inspection and Administration Fee. The Inspection and Administration Fee shall be determined from time to time by resolution of the Township Board. The Inspection and Administration Fee shall be payable with respect to each connection to the System, including additional connections on the same lot or parcel of land as a result of the repair or revision of existing connections, a new connection to replace an existing connection on the same premises, or the assignment of additional Units to a premises as a result of an increased utilization of the premises. Section 708. Billing and Collection. It shall be the duty of the Township Treasurer to bill and collect all Sewer Rates and Charges. The Township Treasurer shall mail each User a bill on or about the 1st day of the first month in each calendar quarter. The bill shall separately itemize the Sewer Rates and Charges payable. Payment of the bill is due and payable on or before the 1st day of the second month in the quarterly billing period. Payment of a Miscellaneous User Fee shall be due on the 10th day after the bill or statement is mailed by the Township. Bills and notices will be mailed to the address listed on the sewer Service Connection Permit application filed with the Township unless a change of address has been filed in writing at the business office of the Township. No person shall be excused from payment of a bill by reason of non-delivery of such bill or notice. Payment of said bill shall be made at the Township business office. The Township may choose to bill monthly or to stagger billing if so desired. Section 709. Late Payments. If Sewer Rates and Charges are not paid on or before the due date then a time price differential of 5.0% per quarter or fraction of a quarter shall be charged on the unpaid balance until the Sewer Rates and Charges are paid or certified for placement on the tax roll in accordance with Section 711 below. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 29

216 Section 710. Township Remedies. If Sewer Rates and Charges are not paid on or before the due date, the Township, pursuant to Act 178 of the Public Acts of Michigan of 1939, as amended, may (i) discontinue the services provided by the System by disconnecting the Building Sewer from the Service Connection or for Premises also served by public water, by disconnecting the water service or shutting off the curb step, and the service so discontinued shall not be reinstated until all sums then due and owing, including time price differential, penalties, interest and all expenses incurred by the Township for shutting off and turning on the service, shall be paid to the Township; (ii) institute an action in any court of competent jurisdiction for the collection of the amounts unpaid, including time price differential, penalties, interest and reasonable attorney fees; or (iii) enforce the lien created in Section 711 below. Before disconnecting service, the Township shall give thirty (30) days written notice to the User at the last known address according to the Township records and the Township Tax Assessment Roll. The notice shall inform the User that the User may request an informal hearing to present reasons why service should not be disconnected. These remedies shall be cumulative and shall be in addition to any other remedy provided in this Ordinance or now or hereafter existing at law or in equity including, without limitation, the alternative procedures set forth in Section 21 of the Revenue Bond Act of 1933, as amended, for certifying delinquent Sewer Rates and Charges for placement on the tax roll. Under no circumstances shall actions taken by the Township to collect unpaid Sewer Rates and Charges, time price differential, penalties and interest, invalidate or waive the lien created by Section 711 below. Section 711. Lien, Assessment of delinquent Rates and Charges on Tax Roll. The Sewer Rates and Charges shall be a lien on the respective premises served by the System. Whenever Sewer Rates and Charges shall be unpaid when due, they shall be considered delinquent. The Township Treasurer shall certify all delinquent Sewer Rates and Charges and time price differential thereon, together with an additional amount equal to 5% percent of the aggregate amount outstanding, on or before October 1, of each year, to the tax-assessing officer of the Township, who shall enter the delinquent Sewer Rates and Charges, time price differential, interest and penalties upon the next tax roll as a charge against the premises affected and such charge shall be collected and the lien thereon enforced in the same manner as ad valorem property taxes levied against such premises. Section 712. No Free Service. No free service shall be furnished by the System to any Person, public or private, or to any public agency or instrumentality. Section 713. Leased Premises, Security Deposit. A lien shall not attach for Sewer Rates and Charges to a premises which is subject to a legally executed lease that expressly provides that the tenant (and not the landlord) of the premises or a dwelling unit thereon shall be liable for payment of Sewer Rates and Charges, effective for services which accrue after the date an affidavit is filed by the landlord with the Township. This affidavit shall include the names and addresses of the parties, the expiration date of the lease and an agreement by the landlord to give the Township thirty (30) days written notice of any cancellation, change in or termination of the lease. The filing of the affidavit by the landlord shall be accompanied by a true copy of the lease and a security deposit equal in amount to one year s Readiness to Serve Fee, Commodity Fee, and Debt Service Charge. Upon the failure of the tenant to pay the Sewer Rates and Charges when due, the security deposit shall be applied by the Township against the unpaid balance, including time price differential, interest and penalties. Upon notification by the Sewer Connection, Use and Rate Ordinance Revised 2012 Page 30

217 Township, the landlord or tenant shall immediately make sufficient payment to the Township to cover the amount of the security deposit so advanced. Upon the failure of the landlord or tenant to do so within ten (10) days of said notification, the penalties, rights (including lien rights) and remedies set forth in this Article shall be applicable with respect to the unpaid Sewer Rates and Charges, including interest and penalties. The security deposit shall be held by the Township without interest and shall be returned to the landlord upon proof of termination of the lease and payment of all accrued Sewer Rates and Charges, including time price differential, interest and penalties. Section 714. Cancellation of Permits, Disconnection of Service. Applications for Service Connection permits may be canceled and/or sewer service disconnected by the Township for any violation of this Ordinance, including, without limitation, any of the following reasons: (a) Misrepresentation in the Service Connection permit application as to the nature or extent of the property to be serviced by the System. (b) Nonpayment of Sewer Rates and Charges. (c) Failure to keep Building Sewers, Service Connections and Control Manholes in a suitable state of repair. (d) (e) Discharges in violation of this Ordinance. Damage to any part of the System. Section 715. Turn on Following Disconnection, Security Deposit. If the sewer service or water service supplied to a User has been discontinued for nonpayment of Sewer Rates and Charges, service shall not be reestablished until all delinquent Sewer Rates and Charges, including interest and penalties, and the turn-off and turn-on charges have been paid. The Township may, as a condition to reconnecting said service, request that the sum equal to one year s Readiness to Serve Fee, Commodity Fee, and Debt Service Charge be placed on deposit with the Township for the purpose of establishing or maintaining any User s credit. Said deposit shall not be considered in lieu of any future billing for Sewer Rates and Charges. Upon the failure of the User to pay the Sewer Rates and Charges when due, the security deposit shall be applied by the Township against the unpaid balance, including interest and penalties. The User shall immediately make sufficient payment to the Township to cover the amount of the security deposit so advanced. Upon the failure of the User to do so within ten (10) days of said advance, the penalties, rights (including lien rights) and remedies set forth in this Article shall be applicable with respect to any unpaid Sewer Rates and Charges, including interest and penalties. The security deposit shall be held by the Township without interest and shall be returned at the User s request upon continued timely payments by the User of all Sewer Rates and Charges as and when due, for a minimum of four (4) successive quarterly billing periods. Article VIII Flow of Funds Section 801. Revenues, Depository. All Revenues of the Public Sewer System shall be set aside, as collected and deposited into separate funds in one or more banks designated by Sewer Connection, Use and Rate Ordinance Revised 2012 Page 31

218 the Township Board and duly qualified to do business in Michigan in the manner and at the time(s) hereafter specified. (a) Sewer Operating and Maintenance Fund. Except to the extent required by Section 801(b) all Revenues of the Public Sewer System shall be deposited into a separate depository bank account entitled SEWER OPERATING AND MAINTENANCE FUND and allocated to separate subaccounts in the following manner: (1) Operation and Maintenance Account. On a quarterly basis, adequate revenues from the collection of the Readiness to Serve Fee and Commodity Fee sufficient to provide for the payment of the next quarter s current expenses of administration and operation of the Public Sewer System and such current expenses for the maintenance of the Public Sewer System to preserve the Public Sewer System in good repair and working order shall be deposited to the Operation and Maintenance Account. In addition, the quarterly deposits to this account shall include sufficient monies to make the periodic payments to the Village for the following: (a) the Transportation Charge pursuant to paragraph 7.e. of the Sewer Agreement, and (b) the Township s share of the expense of the Village s Sewage Treatment Facility pursuant to paragraph 10.d. of the Sewer Agreement. (2) Improvement Account. There shall next be established and maintained an account, designated Improvement Account, which shall be used for the purpose of making improvements in the efficiency of the Public Sewer System through the use of new technology and the replacement or repair of obsolete or inefficient components to prevent overburdening of or failures in the Public Sewer System. There shall be set aside into said fund, after provision has been made for the Operation and Maintenance Account, such revenues derived from the Readiness to Serve Fee and Commodity Fee and other Revenues as the Township Board shall deem necessary for this purpose. A subaccount, designated as the Township Treatment Facility Escrow Fund, in accordance with Paragraphs 12 and 13 of the Sewer Agreement shall be established and a portion of each Connection Fee for connections resulting in flows to the Village Sewage Treatment Facility in the amount of $400/Unit shall be set aside in this subaccount. (3) Payment Account. There shall next be established and maintained an account, designated Payment Account, which shall include separate subaccounts for each of the Township s contractual payment obligations, exclusive of debt service on bonds issued by or on behalf of the Township which are provided for in Section 801(b), below. The Payment Account shall include, without limitation, separate subaccounts (a) to provide for payment to the Village in accordance with Paragraphs 12 and 13 of the Sewer Agreement of the Equity/Permit Reimbursement Fee of $505 per Unit from the proceeds of Connection Fees for connections resulting in flows to the Village Sewage Treatment Facility, (b) to provide for payment to the Village in accordance with Paragraph 12(d)(iii) of the Sewer Agreement of the $1,700 per Unit Treatment Facility Cost Basis (as defined in the Sewer Agreement) payment for connection resulting in flows to the Village Sewer Treatment Facility, and (c) to provide for payment of the contractual payments derived from the proceeds of certain Connection Fees payable to the extent and in the manner provided in that certain Sewer System Extension Agreement dated as of July 1, 2003 by and between the Township and T&M Partners, LLC. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 32

219 (4) Sewer Extension Account. There shall next be established and maintained a Sewer Extension Account for the purpose of making extensions and enlargements to the Public Sewer System. To the extent the cost of System extensions and enlargements are funded from System Revenues, it is the intent of the Township that such Revenues are derived from Sewer Rates and Charges paid by Users that benefit from such extensions and enlargements. Consistent with this intent, the System Revenues may be deposited to the Sewer Extension Account. (5) Surplus Account. Collections of Revenues not allocated to one of the above described accounts or to a debt service fund or account in accordance with Section 801(b) shall be allocated to the Surplus Account. The funds on deposit in the Surplus Account may be used for any lawful purpose related to the Public Sewer System. (b) Debt Service Funds. For the payment of debt service on bonds issued by or on behalf of the Township with respect to the Public Sewer System separate depository bank accounts shall be established and maintained as follows: (1) Debt Service Fund for Sewage Disposal Refunding Bonds - Campau/Kettle Lake Sewage Disposal System (General Obligation Limited Tax), Series The Township shall periodically deposit to the 2004 Refunding Bond (Campau/Kettle Lake) Debt Service Fund established in accordance with paragraph 10 of the Resolution to Authorize Issuance of Sewage Disposal Refunding Bonds - Campau/Kettle Lake Sewage Disposal System (General Obligation Limited Tax), Series 2004 adopted by the Township Board on May 19, 2004 all collections of special assessments levied by the Township for the Campau/Kettle Lake Sewage Disposal System, all collections of Connection Fees paid with respect to connection to the Public Sewer System in the Campau/Kettle Lake Sewer District, and all collections of Debt Service Charges paid by Users of the Public Sewer System in the Campau/Kettle Lake Sewer District to pay principal and interest when due on the Township s Sewage Disposal Refunding Bonds - Campau/Kettle Lake Sewage Disposal System (General Obligation Limited Tax), Series 2004, dated as of August 11, Should such revenues prove insufficient for this purpose, such revenues may be supplemented by any other funds of the Township legally available for such purpose. (2) Debt Service Fund for Capital Improvement Bonds, Series The Township shall periodically transfer available Revenues derived from the M-37 Collection System to the Series 2003 Capital Improvement Bond - Debt Service Fund established in accordance with Paragraph 9 of the Resolution to Authorize Issuance of Capital Improvement Bonds adopted by the Township Board on September 17, 2003 sufficient, together with the collections of special assessments levied by the Township in Cherry Valley Sewer and Water Special Assessment District No , available revenues of the Township public water supply system and other available Township revenues to pay principal and interest on the Township s Capital Improvement Bonds, (General Obligation Limited Tax), Series 2003, dated as of October 1, (3) Debt Service Funds for Special Assessment Bonds. Bonds issued by the Township to fund improvements to the Public Sewer System in accordance with Act 188 of the Public Acts of Michigan of 1954, as amended, including without limitation the Sewer Connection, Use and Rate Ordinance Revised 2012 Page 33

220 Township s Public Improvement Special Assessment Bonds, Limited Tax General Obligation, Series 2001 payable from special assessments levied by the Township within Northwest Township Sewer Special Assessment District and Northwest Township Water Special Assessment District , or other applicable law, including without limitation, the Township s General Obligation Limited Tax Refunding Bonds, Series 2000 payable from special assessments levied by the Township in the M-37/76th Street Sewer Special Assessment District, shall be repaid entirely from special assessments levied on benefited properties and reference is hereby made to the respective bond authorizing resolutions for the separate debt service funds established for each issue and the special assessment collections to be deposited to each such fund. As a general rule, Revenues of the Public Sewer System are not pledged to the repayment of such special assessment bonds and shall not be deposited to the respective debt service funds. (c) Bank Accounts. Moneys belonging to a single fund and all sub-accounts may be kept in one bank account, in which event the moneys shall be allocated on the books and records of the Township within this single bank account, in the manner set forth above. Section 802. Transfer of Funds. In the event the moneys in the Operation and Maintenance Account are insufficient to provide for the current requirements of the Operation and Maintenance Account, any moneys and/or securities in other accounts of the Sewer Operating and Maintenance Fund, shall be transferred to the Operation and Maintenance Account, to the extent of any deficit therein and these monies shall be replaced in the next operating year. Section 803. Investment of Funds. Moneys in any fund or account established by the provisions of this Ordinance may be invested in the manner provided in the Township Investment Policy. Income received from such investments shall be credited to the fund from which said investments were made. Article IX Sewer Backup or Overflow Reporting Procedures Section 901. Notice and Claim Procedures Applicable to Overflow or Backup of the Public Sewer System. This section has been adopted in accordance with Act 222 of the Public Acts of Michigan of 2001 ( Act 222 ) to set forth the notice and claim procedures applicable to an overflow or backup of the Public Sewer System, which, as defined in Act 222, shall be referred to for purposes of this Section 901 as a Sewage Disposal System Event. To afford property owners, individuals and the Township greater efficiency, certainty and consistency in the provision of relief for damages or physical injuries caused by a Sewage Disposal System Event, the Township and any Person making a claim for economic damages, which, as defined in Act 222, shall be referred to for purposes of this Section 901 as a Claimant, shall follow the following procedures: (a) A Claimant is not entitled to compensation unless the Claimant notifies the Township of a claim of damage or physical injury, in writing, within 45 days after the date the damage or physical injury was discovered by the Claimant, or in the exercise of reasonable diligence should have been discovered by the Claimant. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 34

221 (b) The written notice under subsection (a) shall contain the Claimant s name, address, and telephone number, the address of the affected property, the date of discovery of any property damages or physical injuries, and a brief description of the claim. As part of the description of the claim, the Claimant shall submit an explanation of the Sewage Disposal System Event and reasonable proof of ownership and the value of any damaged personal property. Reasonable proof of ownership and the purchase price or value of the property may include testimony or records. Reasonable proof of the value of the property may also include photographic or similar evidence. (c) The written notice under subsection (a) shall be sent to the Township Utilities Administrator, who is hereby designated as the individual at the Township to receive such notices pursuant to Section 19 of Act 222. (d) If a Claimant who owns or occupies affected property notifies the Township orally or in writing of a Sewage Disposal System Event before providing a notice of a claim that complies with subsections (a), (b) and (c), the Township Utilities Administrator shall provide the Claimant with a written explanation of the notice requirements of subsections (a), (b) and (c) sufficiently detailed to allow the Claimant to comply with said requirements. (e) If the Township is notified of a claim under subsection (a) and the Township believes that a different or additional governmental agency may be responsible for the claimed property damages or physical injuries, the Township shall notify the contacting agency of each additional or different governmental agency of that fact, in writing, within 15 business days after the date the Township receives the Claimant s notice under subsection (a). (f) If the Township receives a notice from a Claimant or a different or additional governmental agency that complies with this Section 901, the Township may inspect the damaged property or investigate the physical injury. A Claimant or the owner or occupant of affected property shall not unreasonably refuse to allow the Township or its duly authorized representatives to inspect damaged property or investigate a physical injury. (g) Prior to a determination of payment of compensation by the Township, the Claimant shall provide to the Township additional documentation and proof that: (i) (ii) (iii) (iv) At the time of the Sewage Disposal System Event, the Township owned or operated, or directly or indirectly discharged into, that portion of the Public Sewer System that allegedly caused damage or physical injury; The Public Sewer System had a defect; The Township knew, or in the exercise of reasonable diligence, should have known, about the defect in the Public Sewer System; The Township, having the legal authority to do so, failed to take reasonable steps in a reasonable amount of time to repair, correct or remedy the defect in the Public Sewer System; and Sewer Connection, Use and Rate Ordinance Revised 2012 Page 35

222 (v) The defect in the Public Sewer System was a proximate cause that was 50% percent or more of the cause of the Sewage Disposal System Event and the property damage or physical injury. (h) Prior to a determination of payment of compensation by the Township, the Claimant shall also provide to the Township additional documentation and proof that neither of the following were a proximate cause that was 50% percent or more of the cause of the Sewage Disposal System Event: (i) (ii) An obstruction in a Service Connection, a Building Sewer or Building Drain that was not caused by the Township; or, A connection on the affected premises, including, but not limited to, a footing drain, sump system, surface drain, gutter, down spout or connection of any other sort that discharged any storm water, surface water, ground water, roof runoff, sub surface drainage, cooling water, unpolluted air conditioning water or unpolluted industrial process waters to the Public Sewer System. (i) If the Township and a Claimant do not reach an agreement on the amount of compensation for the property damages or physical injury within 45 days after the receipt of notice under subsection (a), the Claimant may institute a civil action in accordance with Act 22. (j) To facilitate compliance with this section, the Township shall make available to the public information about the notice and claim procedures under this Section 901. (k) The notice and claim procedures set forth in this Section 901 shall be applicable to a Sewage Disposal System Event involving the Public Sewer System. (l) In the event of a conflict between the notice and claim procedures set forth in this Section 901 and the specific requirements of Act 222, the specific requirements of Act 222 shall control. (m) As provided in Section 19(7) of Act 222, the notice and claim procedures of this Section 901 do not apply to claims for non-economic damages (as defined in Act 222) arising out of a Sewage Disposal System Event. (n) Any word, term or phrase used in this Section 901, if defined in Act 222, shall have the same meaning provided under Act 222. Article X Utilities Administrator; Utilities Committee Section Utilities Administrator. The Utilities Administrator shall coordinate the operation, maintenance and administration of the System, including ordinance application and enforcement for the Township. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 36

223 Section Duties of Utilities Committee. The Utilities Committee shall be responsible for all aspects of managing the System on behalf of the Township and shall perform on behalf of the Township all functions delegated to the Township, the Supervisor or the Treasurer by the terms of this Ordinance. No decision of the Utilities Committee shall bind the Township until ratified by the Township Board at a regular or special meeting. Section Joint Sewer Committee. A Joint Sewer Committee established pursuant to the Sewer Agreement between the Township and the Village shall be created pursuant to the Sewer Agreement and the duties of the Joint Sewer Committee shall be as specified in the Sewer Agreement. Article XI Administrative Appeals; Board of Appeals Section Board of Appeals. In order that the provisions of this Ordinance may be reasonably applied and substantial justice done in instances where unnecessary hardship would result from carrying out the strict letter of this Ordinance, the Board of Appeals shall consider appeals from: (a) a decision of the Utilities Committee with respect to matters concerning the Campau/Kettle Lake Sewage Disposal System; and (b) a decision by the Joint Sewer Committee with respect to matters concerning the M-37 Collection System. The Board of Appeals may determine, in particular cases, whether any deviation from strict enforcement will violate the intent of the Ordinance or jeopardize the public health, safety or welfare. Appeals with respect to the Village Collection System or the Sewage Treatment Facility will be heard by the Village Council in accordance with the Sewer Agreement. Section Right to Informal Hearing. An informal hearing before the Utilities Committee or the Joint Sewer Committee, as the case may be, may be requested in writing by any Person deeming itself aggrieved by a citation, order, charge, fee, surcharge, penalty or action within twenty (20) days after the date thereof, stating the reasons therefore with supporting documents and data. The informal hearing shall be scheduled at the earliest practicable date, but not later than ten (10) days after receipt of the request, unless extended by mutual written agreement. The hearing shall be conducted by the appropriate committee, either the Utilities Committee or the Joint Sewer Committee, in accordance with the Open Meetings Act on an informal basis at the Township Hall or at such other place as designated by the committee. Both the Utilities Committee and the Joint Sewer Committee shall have the authority to grant waivers from the strict application of ordinance requirements in order to achieve reasonable application of the Ordinance and avoid unnecessary hardships provided that such waiver shall not violate the intent of the Ordinance or jeopardize the public health, safety or welfare. The Utilities Committee and the Joint Sewer Committee shall have the authority to waive the application of the mandatory sewer connection requirements for a period of not more than one year. The Utilities Committee and the Joint Sewer Committee shall also have the authority to approve installment payment arrangements for Connection Fees; provided, that the installment payment is determined to be in the best interest of the Township, a down payment of not less than $1,250 Sewer Connection, Use and Rate Ordinance Revised 2012 Page 37

224 per Unit is paid immediately (to enable the Township to fund payments required under Sewer Agreement); interest shall be charged on the unpaid balance and in the event the Township has outstanding debt or contractual payment obligations payable in part or in whole from System Revenues, such rate shall be 1% percent higher than the average rate of interest on such debt or obligations; and the installment term shall not exceed the lesser of ten (10) years or the remaining term of outstanding Township debt or contractual payment obligations payable in part or in whole from System Revenues. The committee shall issue a written statement of its decision within ten (10) business days after the informal hearing. Section Appeals from Informal Hearing. Appeals from the written decisions of the Utilities Committee or the Joint Sewer Committee may be made to the Board of Appeals, within thirty (30) days from the date of such written decision. Such appeal may be taken by any Person aggrieved. The appellant shall file a written Notice of Appeal with the appropriate committee and with the Board of Appeals, specifying the grounds therefore. Prior to a hearing, the appropriate committee shall transmit to the Board a summary report of all previous action taken. The Board of Appeals may, at its discretion, call upon the appropriate committee to explain the action. The final disposition of the appeal shall be in the form of a resolution, either reversing, modifying or affirming, in whole or in part, the appealed decision or determination. In order to find for the appellant, a majority of the Board of Appeals must concur. The Board of Appeals shall fix a reasonable time for the hearing of the appeal, give due notice thereof to interested parties, and decide the same within a reasonable time. Within the limits of its jurisdiction, the Board of Appeals may reverse or affirm, in whole or in part, or may make such order, requirements, decision or determination as, in the Board s opinion, ought to be made in the case under consideration. Subject to Section 1106, the decision of the Board of Appeals shall be final. The Board of Appeals shall meet at such times as the Board of Appeals may determine. There shall be a fixed place of meeting and all meetings shall be held in compliance with the Open Meetings Act. The Board of Appeals shall adopt its own rules or procedure and keep a record of its proceedings, showing findings of fact, the action of the Board of Appeals, and the vote of each member upon each question considered. The presence of four (4) members of the Board of Appeals shall be necessary to constitute a quorum. Section Payment of Amounts Outstanding. All Sewer Rates and Charges accrued or outstanding during any appeal process shall be due and payable to the Township. Upon resolution of any appeal, the Township shall adjust such amounts accordingly; however, such adjustments shall be limited to the previous one year s billing unless otherwise directed by court order. Section Effect of Administrative Action. If any informal or formal hearing is not demanded within the periods specified herein, such administrative action shall be deemed final. In the event either or both such hearings are demanded, any action subject to appeal shall be suspended until a final determination has been made, except in the case of an immediate cease and desist order issued pursuant to this Ordinance. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 38

225 Section Appeal from Board of Appeals. Appeals from the determinations of the Board of Appeals may be made to the Circuit Court for the County of Kent within twenty (20) days as provided by law. Article XII Inspections and related Matters. Section Section Inspection. The duly authorized representatives, employees or agents of the Township and the County, including, but not limited to, representatives of the Township, the Township s engineer, the Health Department, representatives of MDEQ and U.S. EPA bearing proper credentials and identification shall be permitted to enter at any time during reasonable or usual business hours in and upon all properties in the Sewer District for the purposes of inspection, observation, measurement, sampling, testing, emergency repairs and other matters affecting or pertaining to the Public Sewer System in accordance with the provisions of this Ordinance. Such persons shall not, however, have authority to inquire into any processes except to the extent that such processes relate to or affect the type and source of discharge to the Public Sewer System, Storm Drains, Natural Outlets or to the ground surface. Section Section Customer Safety Rules. While performing the duties in Section 1201 above, the duly authorized employees or representatives of the Township shall observe all reasonable safety rules applicable to the Premises established by the owner of the property or occupant. Article XIII Penalties Section Damage to System. No unauthorized Person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, tamper with, climb upon, or enter into any structure, appurtenance, or equipment of the Public Sewer System, including the Sewage Treatment Facility or any Service Connection, or connect or disconnect any Building Sewer to the System. Section Notice to Cease and Desist. Except for violations of Section 1301 hereof, any Person found to be violating any provision of this Ordinance shall be served by the Township with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Section Civil Infraction. Any violation of Section 1301, or any violation beyond the time limit provided for in Section 1302, shall be a municipal civil infraction, for which the fine shall not be less than $100 nor more than $500 for the first offense and not less than $200 nor more than $2,500 for subsequent offenses, in the discretion of the Court, and in addition to all other costs, damages, and expenses provided by law. For purposes of this section, subsequent offense means a violation of this Ordinance committed by the same person within 12 months of a previous violation of the Ordinance for which said person admitted responsibility or was adjudicated to be responsible, provided, however, that offenses committed on subsequent days within a period of one week following issuance of a citation for a first offense shall all be Sewer Connection, Use and Rate Ordinance Revised 2012 Page 39

226 considered separate first offenses. Each day that such violation occurs shall constitute a separate offense. Each day that such violation occurs or continues shall constitute a separate offense. Any person violating any of the provisions of this Ordinance shall, in addition, become liable for any expense, loss, or damage occasioned by reason of such violation. The Supervisor is hereby authorized to issue citations for municipal civil infractions for violation of this Ordinance. Section Nuisance, Abatement. Any Nuisance or any violation of this Ordinance is deemed to be a nuisance per se. The Township in the furtherance of the public health may enforce the requirements of this Ordinance by injunction or other remedy and is hereby empowered to make all necessary repairs or take other corrective action necessitated by such nuisance or violation. The Person who violated the Ordinance or permitted such nuisance or violation to occur shall be responsible to the Township for the costs and expenses incurred by the Township in making such repairs or taking such action. Section Liability for Expenses. Any Person violating any of the provisions of this Ordinance shall become liable to the Township and their authorized representatives for any expense, including reasonable attorney s fees, loss, or damage incurred by the Township by reason of such violation. Section Remedies are Cumulative. The remedies provided by this Ordinance shall be deemed to be cumulative and not mutually exclusive. Article XIV Miscellaneous Section Repeal of Conflicts. All ordinances or parts of ordinances in conflict herewith and relating to the Public Sewer System, including without limitation with respect to the M-37 Collection System, Ordinance No. 95-2, adopted February 15, 1993; Ordinance No. 95 7, adopted July 19, 1995; Ordinance No. 99-2, adopted March 10, 1999; and with respect to the Campau/Kettle Lake Sewage Disposal System, Ordinance No. 96-2, adopted September 18, 1996; Ordinance No. 97-1, adopted February 19, 1997; and Ordinance No. 99-3, adopted March 10, 1999, are hereby repealed. Section Severability. The validity of any section, clause, sentence, or provision of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts. Section State and Federal law Requirements. If any provision of applicable state or federal law imposes greater restrictions than are set forth in this Ordinance then the provisions of such state or federal law shall control. Section Article and Section Headings. The Article and Section headings used in this Ordinance are for convenience of reference only and shall not be taken into account in construing the meaning of any portion of this Ordinance. Section Refunding of County Bonds. In the event the bonds issued by the County pursuant to the Contract are refunded by an issue of Township bonds and the Contract has been fully defeased, all references to the County in this Ordinance, except with respect to the Sewer Connection, Use and Rate Ordinance Revised 2012 Page 40

227 Health Department, shall no longer have force and effect and the County shall no longer have any right of approval or consent, or any duty to administer, operate or maintain over any aspect of the Public Sewer System. Article XV Publication and Effective Date Section Publication. A true copy or a summary of this Ordinance shall be published within thirty (30) days after its adoption and the same shall be recorded in the Ordinance Book of the Township and such recording authenticated by the signatures of the Township Clerk and Supervisor. Section Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its publication as provided by law. Article XVI Amendment Section Reservation of Right to Amend. The Township specifically reserves the right to amend this Ordinance in whole or in part, at one or more times hereafter, or to repeal the same, and by such amendment to repeal, abandon, increase, decrease, or otherwise modify any of the Sewer Rates and Charges herein provided. Sewer Connection, Use and Rate Ordinance Revised 2012 Page 41

228 APPENDIX I CAMPAU/KETTLE LAKE SEWER DISTRICT Sewer Connection, Use and Rate Ordinance Revised 2011 Page I-1

229 APPENDIX II M-37 SEWER DISTRICT Sewer Connection, Use and Rate Ordinance Revised 2011 Page II-1