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Village of New Haven, MI
Macomb County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
[Adopted Ord. No. 356[1]]
[1]
Editor's Note: This ordinance repealed former Art. III, Sewer Department; Rates and Charges, adopted 3-27-1990 by Ord. No. 204, as amended.
This article may be known and cited as the "Village of New Haven Revised Sewer Rate Ordinance."
This article is adopted pursuant to Public Acts: 3 of 1895, 94 of 1933, 233 of 1955, and 34 of 2001, as amended.[1]
[1]
Editor's Note: See MCLA §§ 61.1 et seq., 141.101 et seq., 124.281 et seq. and 141.2101 et seq., respectively.
The article's legislative findings and purposes, as determined by the Village Council, are as follows:
A. 
The Village has acquired/constructed sanitary sewers and appurtenances in various areas of the municipality for the collection, transportation, and disposal of sewage.
B. 
By contracts entered into pursuant to Act 342, Public Acts of 1939,[1] as amended, between the Village and Macomb County, through its Public Works Commissioner, certain sanitary sewers and appurtenances have been constructed in the Village as part of the Macomb County Wastewater Disposal Districts. These sanitary sewers and facilities are operated and maintained by the Village for, and on behalf of, the county pursuant to these contracts.
[1]
Editor's Note: See MCLA § 46.171 et seq.
C. 
Pursuant to these sewer contract terms, the Village has issued revenue bonds which are supported by system users.
D. 
Act 94, Public Acts of 1933,[2] as amended, authorizes public corporations to purchase, acquire, contract, improve, extend, repair, and maintain sewage disposal systems, and to impose and collect charges, fees, rentals or rates for the services, facilities, and commodities furnished by such improvements, and to issue bonds in anticipation of related revenues.
[2]
Editor's Note: See MCLA § 141.101 et seq.
E. 
It is in the Village's best interest that the wastewater system be owned and/or operated by the Village and, pursuant to Act 94, Public Acts of 1933,[3] as amended, that system users pay uniform and reasonable rates for the services provided.
[3]
Editor's Note: See MCLA § 141.101 et seq.
A. 
For purposes of this article, the following rules of construction apply: 1) present tense words include the future tense; 2) singular words include the plural, unless the context clearly indicates the contrary; 3) the term "shall" is always mandatory and not discretionary; 4) the word "may" is permissive; and 5) a word or term not interpreted or defined by this article shall be used with its common meaning or standard utilization.
B. 
Unless the context specifically indicates otherwise, the meaning of the terms used in this article shall be as follows:
BUILDING
Any structure, and includes, but is not limited to, a dwelling unit, which requires a means of disposing wastewater.
COMMERCIAL USER
Any establishment, listed in the Office of the Management and Budget's Standard Industrial Classification Manual (SICM), involved in a commercial enterprise, business or service which, based on a determination by the Village, discharges primarily segregated domestic wastes or wastes from sanitary conveniences and which is not a residential user or an industrial user.
CONTRACTUAL OBLIGATIONS
Payments required to be made by the Village of New Haven to Macomb County pursuant to sewer contract provisions which exist between the parties for financing system improvements under Act 342, Public Acts of 1939,[1] as amended.
DEPARTMENT
The Village Sewer Department charged with operating and maintaining the wastewater system.
DRAINAGEWATER
Water resulting from rainfall, runoff, or other nonsanitary sewer origins.
DRAINAGEWATER SYSTEM
Any part, or all of, the property, structures, equipment, sewers, materials, and/or appurtenances used in conjunction with stormwater, runoff, or other nonsanitary sewer drainage collection and/or disposal.
GOVERNMENTAL USER
Any federal, state, or local government user of the wastewater treatment works.
INDUSTRIAL SEWAGE or INDUSTRIAL WASTE
Any liquid containing waterborne process wastes from industrial/commercial sources.
INDUSTRIAL USER
Any user who discharges industrial wastes as defined in this article.
INSTITUTIONAL USER
Any establishment listed in the SICM, involved in a social, charitable, religious, or educational function which, based on a determination by the Village, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
MUNICIPALITY
The Village of New Haven, Macomb County, Michigan.
NORMAL DOMESTIC SEWAGE (NDS)
Wastewater which, when analyzed, shows a daily average concentration of not more than 275 mg/l of BOD, nor more than 350 mg/l of suspended solids, nor more than 12 mg/l of phosphorus, nor more than 100 mg/l of fats, oil and grease.
OCCUPATIONAL USE
Use of the wastewater system by all commercial users, industrial users, and institutional users, except those involved in educational functions.
OPERATION AND MAINTENANCE COSTS
Direct and/or indirect costs, other than debt service, necessary to ensure adequate wastewater collection and treatment in conformance with related federal, state, and local requirements. Such costs include replacement costs and payments made to other agencies for wastewater disposal.
PERSON
Any individual, firm, company, association, society, corporation, or other legal entity. This includes firms, joint ventures, partnerships, corporations, clubs, and all associations or organizations of natural persons, incorporated or unincorporated, howsoever operating or named, and whether acting by themselves or by a servant, agent or fiduciary, and includes all legal representatives, heirs, successors and assigns, etc.
PREMISES
A real estate parcel owned by a person served as a single user by a wastewater disposal outlet. Each mobile home park is considered separately as a premises.
RECURRING RATES AND CHARGES
Sewer use rates and any other rates and charges hereinafter established, or established by resolution of the Village Council, which are payable in installments or on a recurring basis.
REPLACEMENT COSTS
Expenditures for obtaining and installing replacement equipment, accessories, or appurtenances necessary to maintain the existing sewer system's capacity and performance.
RESIDENTIAL USER
A treatment works/wastewater system user whose premises or buildings are used primarily as a domicile for one or more persons, including dwelling units such as detached, semidetached and rowhouses, mobile homes, apartments, or permanent multifamily dwellings. Transit lodging is not included in this definition; it is considered commercial.
SANITARY SEWAGE
Usual domestic sewage or equivalent sewage, not including industrial sewage as herein defined, from all sources.
SANITARY SEWER or SEWER
A pipe or conduit that carries sanitary sewage.
SEWER DEBT CHARGE
Wastewater charges levied on customers which are used to pay principal, interest, and administrative costs of retiring the debt incurred for construction of the wastewater system.
SEWER SERVICE CHARGE
The sum of the applicable user charge, surcharges, and debt service charges.
SINGLE-FAMILY DWELLING UNIT or DWELLING UNIT
Any structure or part of any structure containing within its separate confines all necessary facilities for use as a dwelling for human habitation, and including, but not necessarily limited to, a single-family home, a dwelling unit within a multiple-unit housing structure (apartment, condominium), and a mobile home (trailer coach, manufactured housing unit).
SUPERINTENDENT
The person appointed by the Village of New Haven to manage the Sewer Department.
SYSTEM
The wastewater system.
USER
The premises owner and/or occupant connected to and/or using any of the facilities operated by the Sewer Department.
USER CHARGE
A charge levied on users of a treatment works/wastewater system for the cost of operation and maintenance of sewerage works pursuant to Section 204(b) of PL 92-500[2] and includes the cost of replacement.
VILLAGE COUNCIL
The Village Council, Village of New Haven, Macomb County, Michigan.
WASTEWATER or SEWAGE
Spent water, which may be a combination of liquid and water-carried wastes from residences, commercial buildings, industrial plants, institutions, or other land uses, including drainagewater inadvertently present in the wastewater.
WASTEWATER SYSTEM or SEWER SYSTEM
Any part, or all of, the property, structures, equipment, sewers, materials, and/or appurtenances used in conjunction with wastewater collection and/or disposal.
[1]
Editor's Note: See MCLA § 46.171 et seq.
[2]
Editor's Note: See 33 U.S.C. § 1284(b).
A. 
Operation. The system's operation, maintenance, alteration, repair, and management shall be supervised and controlled by the Village Council. The Village Council may employ a Sewer Department Superintendent to manage the Department and such other person (or persons) it deems advisable to carry on the maintenance and operation of the Department.
B. 
Revenue allocation.
(1) 
All system revenues shall be deposited in a qualified depository designated by the Village Council and in an account designated as the "Sewage Disposal System Receiving Fund" (hereinafter "Receiving Fund"). Receiving Fund revenues shall be allocated semiannually to other funds as follows:
(a) 
Operation and Maintenance Fund. Funds sufficient to pay anticipated expenses of operation, maintenance, and administration of the system for the next six months shall be first allocated from the Receiving Fund and deposited in a separate account designated the "Operation and Maintenance Fund." All operation and maintenance charges collected shall be placed into this account. Charges imposed by Macomb County for sewage treatment and disposal through the Great Lakes Water Authority and/or the City of Detroit shall be considered operational expenses and an amount sufficient to pay these charges and rates during the applicable period shall also be placed into this fund.
[1] 
The Village shall ensure that wastewater system rates and charges are sufficient to cover the wastewater system's operation and maintenance costs.
(b) 
Bond Retirement Fund. After allocating funds from the Receiving Fund to the Operation and Maintenance Fund, a "Bond Retirement Fund" shall be established with funds remaining in the Receiving Fund. Funds deposited in the Bond Retirement Fund shall be used solely for the payment of principal and interest on outstanding bonds sold for the construction, installation, and/or improvement of the wastewater system. The Village Council shall deposit sufficient sums in the Bond Retirement Fund to meet principal and interest obligations of outstanding bonds due during the ensuing six-month period.
(c) 
Contractual Obligations Fund. After allocating funds from the Operation and Maintenance and Bond Retirement Funds, there shall next be established and maintained a separate account designated "Contractual Obligations Fund" from funds remaining in the Receiving Fund. Funds deposited in the Contractual Obligations Fund shall be used to pay contracts entered into by the Village for wastewater system construction and improvements under Act 342, Public Acts of 1939,[1] as amended, due in the ensuing six months.
[1] 
Each year in September, the Village Council shall determine whether the Contractual Obligations Fund contains sufficient monies to meet the Village's contractual obligations due during the ensuing year. If the Village Council determines that the monies in the fund will be insufficient to meet obligations, then the Village shall increase user rates in an amount sufficient to pay these obligations in full. Money on hand in the Contractual Obligations Fund shall be used solely for the Village's contractually obligated payments to improve the wastewater system.
[1]
Editor's Note: See MCLA § 46.171 et seq.
(d) 
Reserve Fund. After the semiannual transfers from the Receiving Fund to the Operation and Maintenance, Bond Retirement, and Contractual Obligations Funds, 50% of monies remaining in the Receiving Fund at the end of each fiscal year shall be transferred to an account designated as the "Reserve Fund." Monies deposited in the Reserve Fund may not accumulate above an amount equal to: the total of all principal and interest payments which will become due on outstanding bonds and all contractual payments which will become due on contractual obligations during the next two years. Reserve Fund monies may be used to pay current bond obligations and current contractual obligations in years when the Receiving Fund does not have sufficient monies to fund the necessary money transfers to the Bond Retirement and Contractual Obligations Funds.
(e) 
Surplus Fund. Monies remaining in the Receiving Fund at the end of any operating year, after transfers to the Operation and Maintenance, Bond Retirement, Contractual Obligations, and Reserve Funds may be transferred to an account designated the "Surplus Fund." Surplus Fund monies may be applied by the Village to the next year's operation, maintenance, and replacement expenses.
(2) 
All system revenues may be kept in one bank account. In such event, the allocation of monies under this section shall be entered on the Village's accounting records.
C. 
Insufficient funds. In the event the Receiving Fund contains insufficient monies to provide for Operation and Maintenance Fund requirements, the rates charged for operation and maintenance shall be adjusted to provide for sufficient revenue. If the Receiving Fund contains insufficient revenue for the Bond Retirement or Contractual Obligations Funds, any monies in the Reserve Fund shall be transferred, first, to the Bond Retirement Fund, and second, to the Contractual Obligations Fund.
D. 
Investments. System funds may be invested in accordance with applicable state statutes and limitations. Income received from such investments shall be credited to the Receiving Fund.
E. 
Additional contracts. Nothing contained in this article shall be construed to prevent the Village from entering into additional contracts with the county under Act 342, Public Acts of 1939,[2] as amended, for the acquisition, construction, and financing of additions, extensions, and improvements to the system, and the use of system revenues for the payment of additional obligations incurred under these contracts.
[2]
Editor's Note: See MCLA § 46.171 et seq.
F. 
Annual statements and audits. All accounting for revenues generated by the system shall be based on a fiscal year commencing April 1 and ending March 31. The Village shall maintain and keep accounting and record books which shall contain full and correct entries of all wastewater system transactions. Within three months after the end of each fiscal year, the Village shall prepare (or have prepared) a statement showing the system's cash income and disbursements at the beginning and end of the fiscal year. The statement shall also contain any and all information necessary to enable any person to be fully informed about the system's fiscal operation during each applicable year. Each annual statement shall be filed in the Clerk's office and open to public inspection. All system record books and accountings shall be audited annually by a certified public accountant to be designated by the Village Council. A certified copy of each audit shall be filed with the Clerk.
A. 
Sewer use rate. Except as otherwise provided, sewage disposal service provided by the wastewater system shall be paid by the owner or occupant of each lot or parcel of land, building, or premises connected to the wastewater system. Charges shall be based on the water meter readings for the water used. The monthly sewage use rates shall be as follows:
(1) 
The commodity charge shall be $4.26 per 1,000 gallons.
(2) 
The monthly billing charge shall be $2.08.
(3) 
The monthly sewer debt charge shall be $33.16.
(4) 
No free service shall be furnished to any person, any public agency, or any department of any public agency.
(5) 
Nonresidential user discharging waste. In addition to the commodity, billing, and debt charges, any nonresidential user discharging waste into the wastewater system shall pay a monthly nonresidential monitoring charge as set forth below in Subsection A(5)(a). This charge will be used to pay for the nonresidential monitoring expenses of the Great Lakes Water Authority and/or the City of Detroit. These charges shall be revised to reflect any look-back adjustment. For purposes of this section, the term "nonresidential" shall mean all users of the system excepting those users having a meter which services solely residential users regardless of the number of the dwelling units served by such meter or which are used for fire protection purposes only.
(a) 
The Village shall ensure that nonresidential monitoring charges are sufficient to cover the nonresidential monitoring expenses of the Great Lakes Water Authority and/or the City of Detroit. The charge shall also be comprised of a 10% administration fee.
(6) 
Any user discharging the following high-strength wastes shall be charged the following high-strength surcharges. These charges shall be revised to reflect any look-back adjustments.
Waste
Surcharge
(per pound)
BOD
$0.147 (above 275 mg/l)
SS
$0.092 (above 350 mg/l)
P
$0.807 (above 12 mg/l)
Fats, oil, and grease
$0.130 (above 100 mg/l)
(7) 
The above charges are user charges to pay the operation, maintenance, and replacement of the sewage works, and they are the same for customers located inside or outside the Village, and the equality of rates shall exist in any future modifications.
(8) 
Annual notification. All customers of the Village's wastewater system will receive an annual notification, posted on the Village's website, which will show the breakdown of the sewer bill into its components for operation, maintenance, replacement, and debt retirement.
(9) 
Charges under this article for dwelling units other than single-family residences (i.e., multiple-unit housing and mobile homes) shall be based upon the number of dwelling units per premises, each at the charges established above. No separate charge will be applied to the master meter installed at such premises.
B. 
Sewer connection inspection fee. In addition to all other charges provided in this article, each premises connecting to the wastewater system shall pay a $25 inspection fee for tapping of each sewer service pipe to a public sanitary sewer. This charge shall be paid in full when the building permit application is made. The applicant shall pay all sewer connection and related construction costs.
C. 
Sewer connection fee.
(1) 
In addition to all other charges provided in this article, each premises connecting to the wastewater sewer system shall pay a $1,200 sewer connection fee. This fee shall be paid in full when the building permit application is made. The sewer connection fee shall be considered payment of the applicant's fair share of major capital improvements to the wastewater system.
(2) 
For any occupational use other than residential uses (which includes industrial, commercial, and institutional users, except where prohibited by law), the sewer connection fee shall be multiplied by tap units based on the amount of metered water expected to be used. A single unit shall be considered the annual use of 50,000 gallons of metered water. The applicant shall pay a sewer connection fee equal to the fee per tap unit times the number of tap units of expected annual water demand for each occupational use as set forth in the Schedule of Sewer Tap Unit Factors provided below in this article.
D. 
Drainagewater system connection inspection fee (sump line). In addition to all other charges provided in this article, each premises connecting to the drainagewater system shall pay a drainagewater system connection inspection fee as provided for by the Village for inspection of each building service drain connection to the drainagewater system. This charge shall be paid in full when the building permit application is made. The applicant shall pay all drainagewater system connection and related construction costs.
E. 
Construction inspection charges.
(1) 
Any person constructing additions, repairs, extensions, or improvements to the drainagewater system and/or wastewater system shall request inspection of such construction by the Village and shall pay to the municipality the inspection costs as determined by the Village of New Haven.
(2) 
No additions, repairs, extensions, or improvements in the drainagewater and/or wastewater system shall be accepted for final connection to the system until the inspection costs are paid in full.
F. 
Schedule of Sewer Tap Unit Factors.
(1) 
The following Table of Sewer Tap Unit Factors shall determine the number of tap units to be used for a specific occupational use in determining the sewer connection fee for occupational uses other than residential use.
Occupational Use
Sewer Tap Unit Factor
Single-family residential
1.00 per dwelling
Auto dealers
0.20 per 1,000 square feet
Bakeries (excluding shops)
1.50 per 1,000 square feet
Banquet halls
0.50 per 1,000 square feet
Barbershops
1.00 per 1,000 square feet
Bars
2.50 per 1,000 square feet
Beauty shops
2.00 per 1,000 square feet
Boarding schools
0.25 per bed
Bowling alleys (no bars, lunch facilities)
0.20 per 1,000 square feet
Car wash:
a.
Manual, do-it-yourself
1.50 per stall
b.
Semiautomatic (mechanical without conveyor)
7.50 per stall
c.
Automatic with conveyor
20.00 per lane
d.
Automatic with conveyor, conserving and recycling water
5.00 per lane
Churches (no office, school, kitchen)
0.10 per 1,000 square feet
Cleaners (pickup only)
0.50 per 1,000 square feet
Cleaners (pressing facilities)
1.50 per 1,000 square feet
Clinics or offices:
a.
Medical
1.00 per 1,000 square feet
b.
Dental
1.50 per 1,000 square feet
Convalescent and/or nursing homes
0.30 per bed
Convents
0.20 per bed
Country clubs (plus complementary facilities)
1.00 per 1,000 square feet
Drugstores
0.50 per 1,000 square feet
Factories
0.50 per 1,000 square feet
Fraternal organizations
0.50 per 1,000 square feet
Funeral homes, including 1 residence
2.00 per funeral home
Grocery stores and supermarkets
0.75 per 1,000 square feet
Health clubs
2.30 per 1,000 square feet
Hospitals
1.20 per bed
Hotels and/or motels (exclusive of swimming pools, bars, restaurants, etc.)
0.25 per room
Efficiency units
0.50 per room
Laundry (self-service)
0.50 per washer
Meat markets and produce
1.00 per 1,000 square feet
Mobile home parks
1.00 per mobile home
Multiple-family residence
1.00 per unit
Office buildings
0.50 per 1,000 square feet
Public institutions, schools, government offices, etc.
0.50 per 1,000 square feet
Racquet/tennis clubs (no bars/restaurants)
0.80 per court
Restaurants:
a.
Conventional type
2.50 per 1,000 square feet
b.
Quick-service franchise type, without dishes, dealing mainly in hamburgers, with or without eating in building (includes, but not necessarily limited to: McDonalds, Wendy's, and Burger King)
8.00 per restaurant
c.
All other restaurants (includes, but not necessarily limited to: drive-ins, snack bars, carry-outs, such as fried chicken, pizzas and donut shops, could have some eating in building, all without dishes)
2.00 per restaurant
Rooming houses (no meals)
0.25 per room
Service stations
1.00 per 1,000 square feet
Stadiums (closed)
0.01 per seat
Stadiums (open)
0.008 per seat
Stores (other than specifically listed)
0.50 per 1,000 square feet
Summer camps
0.10 per bed
Swimming pools with bathhouses (residential excluded)
3.00 per 1,000 square feet
Theaters (drive-in)
0.012 per car space
Theaters (indoor)
0.008 per seat
Warehouses
0.10 per 1,000 square feet
All others
0.50 per 1,000 square feet
(2) 
When the unit factor in the above table refers to square feet, it shall mean the gross floor area of the building measured from outside of wall to outside of wall on each floor of the building, including any basement area, if used for any purpose, except as a storage, furnace, and/or air-conditioning equipment room.
(3) 
The total number of units assigned to a particular usage on a single premises (defined as a single use by a single lessee or owner), as computed from the above table, shall be a whole number and any fractional portion remaining equal to 0.5 of one unit or more shall be rounded up to the next higher whole number. In any event, a minimum of 1.00-unit factor shall be charged.
G. 
Billing charges. Billing charges for sewage disposal service shall be collected monthly. Bills shall become due and payable when received and, if not paid by the due date, a 10% penalty shall be added thereto.
H. 
Late penalty bills shall become due and payable when received and, if not paid by the due date, a 10% penalty shall be added thereto.
I. 
Enforcement.
(1) 
All sewage charges shall constitute a lien on the property serviced. If charges are not paid within 30 days after the due date of the bill, the Village shall place the amount owed on the next general tax roll to be collected as a part of the general municipal taxes.
(2) 
The Village shall have the right to shut off and discontinue the supply of water to any premises for the nonpayment, when due, of sewage disposal charges or other recurring charges.
(3) 
The Village shall charge a $30 fee for both water supply shutoff and resumption when a user requests a periodic or seasonal shutoff and resumption of water supply.