Charter Township of Orion

Excerpt from Ordinance no. 139

Section 3.07 – Performance Guarantees, Inspections, and Maintenance

A. Performance Guarantees

1. After Stormwater Management Plan approval, but prior to the beginning of construction, the proprietor shall be required to post a cash escrow, certified check, or other acceptable form of performance security in an amount determined by a Resolution of the Township Board.
2. After determination by Orion Township that all measures and facilities are installed in compliance with the approved plan, the security shall be released.

B. Maintenance

All stormwater management facilities shall be maintained in proper working condition by the owner of the facility. If, after due notice, a facility is not properly maintained, Orion Township may withhold any other inspections, retain bond and/or escrow funds, revoke and/or refuse issuance of occupancy permits, and/or perform the necessary maintenance and assess the cost to the owner. The cost of the work shall be a lien on the property, or pro-rated against the beneficial users of the property, and may be placed on the tax roll and collected as ordinary taxes. The financing requirement shall be stated in the maintenance agreement. Additionally, the Township may institute appropriate court action to prohibit further activities upon the site.

C. Stormwater Management Easements

1. Necessity of Easements.

• • Stormwater management easements shall be provided by the property owner if necessary to ensure: (1) access for stormwater management facilities inspections and maintenance; and (2) preservation of stormwater management conveyance, infiltration, and storage areas, including overflow routes.

      2. Easements for Off-Site Stormwater Management.

• • Stormwater management and flood easements are required for all areas used for off-site stormwater management, unless the areas are under the ownership of the proprietor at the time of stormwater management plan submittal.

      3. Recording of Easements.

• • Easements shall be recorded with the Oakland County Register of Deeds according to Oakland County requirements.

4. Recording Prior to Building Permit Issuance.

• • The proprietor must provide the Building Official with evidence of the recording prior to the issuance of a building permit.

D. Maintenance Agreement

      1. Purpose of Maintenance Agreement.

• • The purpose of the Maintenance Agreement is to provide the means and assurance that maintenance of stormwater management facilities shall be undertaken.

      2. Maintenance Agreement Required.

• • The proprietor of a development and/or earth change subject to Stormwater Management Plan requirements (Article 3) shall submit a Maintenance Agreement to the Township Clerk.
  • Maintenance agreements shall be reviewed by the Township Engineer and Township Attorney and approved by the Township prior to the issuance of any building permit or final preliminary plat approval.

      3. Maintenance Agreement Provisions.

• • The Maintenance Agreement shall provide for routine maintenance and emergency maintenance.
  • The Maintenance Agreement shall be binding on all subsequent owners of land served by the stormwater management and erosion control facilities, and shall be recorded in the land records of Oakland County within thirty (30) days after approval by the Township.

E. Submittals
Upon substantial completion of the stormwater management facilities and prior to submitting the Notice of Completion described below, the land owner shall submit the Land Use Summary            chart, as well as GIS point format data for the following data: development area, site outfalls and points of discharge, drainage areas (including off-site drainage areas), structures, and storm            sewer. The data shall be submitted per the Township’s engineering standards. If the landowner is unable to provide the data in the proper format, the Township will cause the work to be                    performed and charge the cost of said work to the projects construction escrow account posted with the Township.

F. Notification

In the event that an owner or developer fails to comply with the requirements of this Ordinance, or fails to conform to the requirements of any approval given under this Ordinance, the Orion           Township Building Official or his/her designee, shall provide written notification of any violation. Such notification shall set forth the nature of the violation and establish a time limit for                   correction.

F. Notice of Completion; Certificate of Completion

    Upon satisfactory execution of the approved plans and permit conditions and other requirements imposed under this Article, the landowner shall file a written notice of completion with the              Orion Township Building Official or his/her designee. The Orion Township Building Official or his/her designee shall make a final inspection within thirty (30) days of receiving notice of                  completion and shall issue a certificate or letter of completion and release of bond if the landowner has satisfactorily complied with the plan, permit conditions and this Article. If the project is        to be completed in different phases, the landowner may submit a written notice of completion for a project phase and the Orion Township Building Official or his/her designee may issue                    separate certificates of completion and authorize a proportionate release of a cash bond for each completed project phase.

Section 4.07 – Performance Guarantees, Inspections, and Maintenance

A. Performance Guarantees

1. After SESC Application and Plan approval, but prior to the beginning of construction, the landowner shall be required to post a cash escrow, certified check, or other acceptable form of performance security in an amount determined by the Township.
2. After determination by the MEA that all permanent soil erosion and sedimentation measures are installed in compliance with the approved SESC plan and the site is permanently stabilized, the security shall be released
3. In the event that the landowner fails to comply with the terms and conditions of the SESC Permit; or fails to comply with the provisions of Part 91, the Rules, or this Article; or fails to implement the approved SESC Plan, the SESC Agent may order such work as necessary to provide for effective soil erosion and sediment control. The landowner or person issuing the irrevocable letter of credit or making a cash bond shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses, including legal, that the Township incurs in causing any and all work to be done to comply with the provisions of Part 91, the Rules or this Article. In the case of a cash bond, the SESC Agent shall authorize the Township to refund any unused portion to the person who posted the bond.

B. Maintenance

    All soil erosion and sedimentation control measures shall be maintained in proper working condition by the landowner. If, after written notice, SESC measures are not properly maintained, the      Township may withhold any other inspections, retain bond and/or escrow funds, revoke and/or refuse issuance of occupancy permits, and/or perform the necessary maintenance and assess the      cost to the owner. The cost of the work shall be a lien on the property, or pro-rated against the beneficial users of the property, and may be placed on the tax roll and collected as ordinary taxes        in accordance with Part 91, the Rules, and this Article. The financing requirement shall be stated in the maintenance agreement. Additionally, the Township may institute appropriate court              action to prohibit further activities upon the site.

D. Notice of Completion; Certificate of Completion
Upon satisfactory execution of the approved SESC plans and permit conditions and other requirements imposed under this Article, the Permitee shall file a written notice of completion with the     MEA. The MEA shall make a final inspection within thirty (30) days of receiving notice of completion and shall issue a certificate or letter of completion and release of bond if the landowner has     satisfactorily complied with the SESC Plan, SESC Permit conditions, Part 91, the Rules, and this Article. If the project is to be completed in different phases, the landowner may submit a written       notice of completion for a project phase and the MEA may issue separate certificates of completion and authorize a proportionate release of a cash bond for each completed project phase if               separate SESC Permits are issued for each phase.

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Charter Township of Orion Ordinance