ADOPTED - DECEMBER 12, 2006
Agenda Item. No. 14
Introduced by the County Services and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION AMENDING RESOLUTION #06-156 UPDATING VARIOUS FEES FOR COUNTY SERVICES
RESOLUTION #06-316
WHEREAS, Resolution #06-156 updated various fees for county services based on the process established by the Board of Commissioners; and
WHEREAS, since adoption of this resolution, several policy changes have occurred in the office of the Drain Commissioner; in order to comply with the new Federal Phase II guidelines and Part 91 as amended; and
WHEREAS, the National Pollutant Discharge Elimination System (NPDES) categorizes acreage not requiring a permit for under one acre, requiring a NPDES permit for disturbances of 1-5 acres, but the Soil Erosion and Sedimentation Control permit issued by the Drain Commissioner’s Office serves as the permit and this office receives and reviews the reports of the required storm water operators, and requiring a full NPDES permit from the Michigan Department of Environmental Quality for disturbances of over five acres; and
WHEREAS, the time and cost involved for soil erosion inspections vary due to permit violators and additional staff and/or contract time needed for the full and fair enforcement of Part 91; and
WHEREAS, since the Drain Commissioner has been given the right to receive easements over real property, some property owners have needed to encroach on the easement given to them or by their predecessors in title; and
WHEREAS, the Drain Commissioner has required that work done by outside consultants and by drain employees to process an encroachment be reimbursed by the party seeking an encroachment; and
WHEREAS, more frequently, large amounts of General Fund employees’ time are being used to process encroachment requests to correct encroachments accidentally discovered well after the encroachment occurred.
THEREFORE BE IT RESOLVED, that the new fees for the commercial soil erosion permit be set at $400 for the first acre, $40 for each additional acre, $85 to transfer permits, and half of the original fee for a renewal.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners (the Board) make explicit that the published soil erosion fee pays for only the permit paperwork and two inspections, including the initial site review preparatory to issue the permit and the closing inspection.
BE IT FURTHER RESOLVED, that the Board authorizes the Drain Commissioner to require the permit holder to fund an escrow account to charge for further inspections at the inspector’s hourly rate.
ADOPTED - DECEMBER 12, 2006
Agenda Item. No. 14
RESOLUTION #06-316
BE IT FURTHER RESOLVED, that the Board authorizes the escrow account to be in acreage categories, as those under NPDES, and set $500 for a half-acre or less, $1,500 for a half–acre to one acre, $3,000 for one to five acres, $5,000 for five to ten acres and an additional $2,500 for each additional ten acres or fraction of ten acres. Refunds of unused escrow money shall be returned to the permit holder within 45 days of the closing inspection.
BE IT FURTHER RESOLVED, that the Board authorizes the Drain Commissioner to adjust the escrow account accordingly based on the proximity of the site to waters of the state (known as “sensitive” areas) or for the presence of “critical”(hard to stabilize) soils and conditions.
BE IT FURTHER RESOLVED, the Board of Commissioners authorizes easement encroachment fees to be set at the hourly rates for the positions involved, including the Drain Commissioner, Deputy Drain Commissioners, and Clerk Specialists, as well as a $30 deposit at the time of request.
BE IT FURTHER RESOLVED, that the Drain Commissioner’s Office will provide a report on the implementation of the fees to the County Services Committee at their first meeting in February, 2008.
COUNTY SERVICES: Yeas: Schor, Holman, Copedge, Severino, Vickers
Nays: None Absent: De Leon Approved 12/5/06
FINANCE: Yeas: Thomas, Grebner, Weatherwax-Grant, Dougan
Nays: None Absent: Hertel, Dedden Approved 12/6/06