Last Updated 08/21/2026
Excerpt from Ordinance no. 139
Section 3.07 – Performance Guarantees, Inspections, and Maintenance
A. Performance Guarantees
- 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.
- 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.
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.
G. 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
- 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.
- 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
- 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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Frequently Asked Questions
What performance security does Orion Township require before construction begins?
After the Stormwater Management Plan is approved but before construction starts, the property owner must post a cash escrow, certified check, or other acceptable performance security in an amount set by Township Board resolution. The security is released once the township confirms all measures and facilities are installed according to the approved plan.
What happens if a stormwater facility isn't properly maintained in Orion Township?
After due notice, the township can withhold other inspections, retain bond or escrow funds, revoke or refuse occupancy permits, and perform the necessary maintenance itself while billing the owner for the cost. That cost becomes a lien on the property, or gets pro-rated among the property’s beneficial users, and can be added to the tax roll and collected like ordinary taxes. The township can also pursue court action to stop further site activity.
When does a property in Orion Township need a stormwater management easement?
Easements are required if necessary to ensure access for inspecting and maintaining stormwater facilities, and to preserve conveyance, infiltration, and storage areas, including overflow routes. Easements covering off-site stormwater management areas are required unless the property owner already owns that land at the time the stormwater management plan is submitted. All easements must be recorded with the Oakland County Register of Deeds, and proof of recording has to be provided before a building permit is issued.
What has to be included in Orion Township's Maintenance Agreement?
The agreement must provide for both routine and emergency maintenance, and it’s reviewed by the Township Engineer and Township Attorney before final approval. It’s binding on all future owners of the land served by the stormwater and erosion control facilities and must be recorded in Oakland County land records within 30 days of township approval.
What data does a property owner submit once stormwater facilities are complete in Orion Township?
Before filing the Notice of Completion, the landowner must submit a Land Use Summary chart along with GIS point format data covering the development area, site outfalls and discharge points, drainage areas including any off-site ones, structures, and storm sewer, all formatted to the township’s engineering standards. If the owner can’t provide this data properly, the township will do the work itself and charge the cost to the project’s construction escrow account.
What happens after Orion Township receives a Notice of Completion?
The Building Official has 30 days to conduct a final inspection. If the project satisfies the approved plan, permit conditions, and ordinance requirements, the township issues a certificate of completion and releases the bond. For projects completed in phases, the owner can file separate notices of completion for each phase, with the township issuing separate certificates and a proportionate bond release for each one.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
