Utilities

Chapter 18 UTILITIES*

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Chapter 18 UTILITIES*

*Cross references: Buildings and building regulations, ch. 4; planning, ch. 13; streets, sidewalks and other public places, ch. 15; subdivision and land division regulations, ch. 16.

ARTICLE I. IN GENERAL
Secs. 18-1--18-25. Reserved.
ARTICLE II. WATER AND SEWER SERVICE
DIVISION 1. GENERALLY
Sec. 18-26. Department established.
The township water and sewer department is hereby established.
(Ord. No. 154, § 3.1, 7-17-91)
Sec. 18-27. Manager.
The construction, operation, management and maintenance of the wastewater treatment and water supply systems of the township, whether owned by the township or operated under contract, shall be under the control of the manager of the water and sewer department. The manager shall be the township supervisor's duly appointed nominee, as confirmed by the township board. In the absence of an appointed manager, the department shall be operated under the direction of the township supervisor.
(Ord. No. 154, § 3.2, 7-17-91)
Sec. 18-28. Township agent.

The county department of public works is hereby appointed as agent of the township for the operation, maintenance and management of the wastewater treatment and water supply systems of the township.
(Ord. No. 154, § 3.3, 7-17-91)
Sec. 18-29. Unlawful discharge.
It shall be unlawful to discharge any sanitary sewage, industrial or commercial wastes or other polluted waters within the township unless suitable treatment has been provided in accordance with the provisions of this article.
(Ord. No. 154, § 3.4, 7-17-91)
Sec. 18-30. New private water supply and wastewater treatment systems.
(a) Where a public sanitary sewer is not available the sewers shall be connected to a private sewage disposal system complying with the terms of this article and the requirements of the county health department and county department of public works.
(b) No new private wastewater treatment or water supply system shall be constructed, installed or operated within the township unless the plans for the installation are approved and permitted by the county health department, the county department of public works, and the state department of natural resources, as required, and as conforming with their regulations. This article shall not be interpreted to impose greater restrictions and requirements than those that are imposed by the county health department or other governmental agencies having jurisdiction pertaining to new individual water wells for applications involving one building or one residential dwelling unit.
(c) All new private wastewater treatment and water supply systems serving more than one commercial or industrial structure or eight residential dwelling units or having a sewage discharge in excess of 5,000 gallons per day shall be operated by the township or its duly appointed agent.
(d) Operation of private wastewater treatment and water supply systems shall be without cost to the township and the county department of public works. Details of operational procedures shall be contained in a written operating agreement approved by the township and the county department of public works.
(Ord. No. 154, § 3.5, 7-17-91)
Secs. 18-31--18-40. Reserved.
DIVISION 2. WATER SUPPLY, MAINS
Sec. 18-41. Compliance required.
All new private water supply systems which will serve more than one commercial or industrial structure or eight residential dwelling units shall meet the applicable requirements of this division.
(Ord. No. 154, § 7.1, 7-19-91)
Sec. 18-42. Well sites.
(a) Sites shall be selected with approval of the state health department or its agent.
(b) Before acceptance, each well site shall be properly graded, seeded and mulched or sodded and have an access road installed.
(Ord. No. 154, § 7.2, 7-19-91)
Sec. 18-43. Wells.
(a) In general, a 12-inch minimum diameter production well of 2 1/2 gallons per minute per residence capacity and a six-inch minimum standby well of one gallon per minute per residence capacity shall be required for a private water supply as approved by the state department of health. Such wells should be a minimum of 20 feet apart. In a system contemplating adequate overhead storage, 1 1/4 gallons per minute per residence may be permitted.
(b) Before a test well is started, approval of the site should be obtained from the state department of health. After approval by state department of health of the test well, application for permit to dig a production well shall be made. No production well shall be drilled without such permit.
(Ord. No. 154, § 7.3, 7-19-91)
Sec. 18-44. Tests.
Pumping tests required under this division shall be as required by the state or county departments of public health.
(Ord. No. 154, § 7.4, 7-19-91)
Sec. 18-45. Pump houses, pumps, mechanical and electrical systems.
All pump houses, pumps and associated mechanical and electrical systems shall meet the applicable standards of the county health department and the department of public works. All such systems shall be reviewed and approved by the township engineer.
(Ord. No. 154, § 7.5, 7-19-91)
Sec. 18-46. Water mains.
(a) Water mains shall be ductile iron (Class 54) double cement lined. Standard wedges shall be furnished and installed with slip type joints in accordance with manufacturer's recommendations.
(b) All water mains shall be installed with a minimum cover of five feet below finished grade. Where water mains must dip a pass under a storm sewer or sanitary sewer, the sections which are deeper than normal shall be kept to a minimum length by use of vertical 11 1/4 inch bends properly anchored.
(c) Gate valves shall be located in the system such that not more than four valves need be turned off to isolate any section of the water main. Sufficient valves shall be placed such that not more than 30 residential lots shall be so isolated.
(d) Where possible, gate valves shall be located at street intersections five feet from the intersecting street right-of-way line.
(e) Along major roadways and in areas other than single family residential, hydrant spacing shall be a maximum of 350 feet.
(f) In a single-family residential subdivision, hydrants shall be installed along the water main at least every 600 feet. In no case shall a house be more than 350 feet from a hydrant. In commercial or industrial districts, additional hydrants may be required based upon the application of reasonable engineering principles and/or fire suppression or fire fighting considerations. Hydrants shall be installed at the ends of all dead-end water mains. When near a street intersection, hydrants shall be located 15 feet from the intersecting street right-of-way. Hydrants shall be township standard. Water mains shall be wrapped around cul-de-sacs. Water mains shall be looped unless it is demonstrated that such looping is not feasible.
(g) The plans shall indicate the finished grades of all hydrants and gate wells.
(h) Connection to existing water mains shall be made only after successful pressure test and chlorination.
(i) Water samples may not be taken from hydrants. Samples may be obtained from corps in G.V. & W. or corps installed on main with copper tubing to the ground surface. After testing, the copper and corps shall be removed and the main plugged.
(j) Minimum design shall be such that during normal operating conditions, 35 psi, at any point in the distribution system, shall be maintained, with not less than 20 psi during peak demand. Maximum safe operating pressure shall be 85 psi unless special provisions are made. Generally, operating pressures shall be between 40 and 60 psi.
(k) All hydrant installations must include a valve between the hydrant and the main, with an adjustable cast iron box to protrude above the proposed finished grade.
(l) Gate wells shall be used at all main line valve installations.
(m) All service installations shall be made by township or its agents according to charges established by the then current resolution adopted by the township board.
(n) "As built" drawings shall show exact location of valves, hydrants, main locations, house leads and services from lot or street corners and stationing from grade wells or hydrants.
(o) Grades on U.S.G.S. datum shall be established by the consulting engineer for all mains, structures and hydrants.
(p) Steamer or pumper openings shall face the street.
(q) Upon completion of mains, system shall be treated by 150 pounds pressure for four hours by the contractor and in no case shall there be any visible leakage or leakage exceeding 100 gallons per 24 hours per inch diameter of pipe per mile of length in a two-hour period or in accordance with the requirements of the township board.
(r) After testing is completed and approved, all water systems shall be flushed and disinfected in accordance with the requirements of American Water Works Association Specifications A.W.W.A. 70A-1947 before being put in service. Three-fourths-inch sampling cocks shall be installed for this purpose.
(Ord. No. 154, § 8.0, 7-19-91)
Secs. 18-47--18-55. Reserved.
DIVISION 3. SANITARY SEWERS
Sec. 18-56. Basic design standards.

Where sanitary sewers are proposed, the following notes shall appear on the plans:
(1) Down spouts, weep tiles, footing drains or any conduit that carries storm or groundwater shall not be allowed to discharge into a sanitary sewer.
(2) No sewer installation, or portion, shall have an infiltration exceeding 250 gallons per inch diameter per mile of pipe per 24-hour period.
(3) Concrete pipe wye openings shall contain factory installed premium joint material of a type suitable and approved for use with sanitary lead joint specified.
(4) The township standard details and specifications heretofore adopted, are incorporated as part of these standards.
(5) All building leads and risers shall be six-inch diameter with a minimum slope of 1.00 percent. Sewer pipe wye or tee openings shall contain factory installed premium joint material of the type identical to that of the building lead pipe used. Building leads to be furnished with removable airtight and watertight stoppers and shall be marked with a two-inch by two-inch at six feet, zero inches long or within one foot of ground surface six feet, zero inch stake, witnessed to permanent objects adjacent to construction.
(6) All new manholes shall have flexible, watertight seals where pipes pass through walls. Manholes shall be of precast sections with modified groove tongue and rubber gasket type joints. Precast manhole cone sections shall be township approved modified eccentric cone type. All manholes shall be provided with bolted, watertight covers.
(7) Wherever existing manholes or sewer pipe are to be tapped, drill holes at four-inch center to center around the periphery of opening, to create a plane of weakness joint, before breaking section out. Nonshrink grout shall be used to seal the opening and a concrete collar shall be poured 12 inches thick around the pipe and extended 12 inches beyond the opening.
(8) All connections to existing manholes which result in a difference in invert elevations exceeding 18 inches, will require a drop connection. Outside drop connections only will be approved, unless ground conditions result in an interior drop being authorized by the township.
(9) For the purpose of testing infiltration, a temporary 12-inch deep sump shall be provided in the first manhole above the connection which will be filled in, where possible, after successful completion of the infiltration test, up to the standard fillet provided for the flow channel. At all connections to existing sanitary systems or extensions thereto, provide a watertight bulkhead with a one-inch diameter pipe through the bulkhead for measuring infiltration immediately upstream.
(10) Sewers which are in easements shall be kept at least two feet away from side or rear lot lines. Easements shall have a minimum width of 12 feet.
(Ord. No. 154, § 4.1(1), 7-17-91)
Sec. 18-57. Determination of existing utility installations.
(a) Prior to starting any sanitary sewer design the applicant may make use of maps and information available at the township and county offices. It shall be the responsibility of the applicant to verify utility locations provided by the township.
(b) Prior to any excavation, the contractor shall telephone MISS DIG (647-7344) for the location of underground gas and cable facilities, and shall also notify representatives of other utilities located in the vicinity of the work.
(Ord. No. 154, § 4.1(2), (14), 7-17-91)
Sec. 18-58. Minimum slope.
The following table of minimum slopes for sanitary sewers shall be adhered to:
Size and Minimum Slope
10" at 0.28%
12" at 0.22%
15" at 0.15%
18" at 0.12%
21" at 0.10%
24" at 0.08%
Note: The minimum allowable size of a sanitary lateral is ten-inch diameter.
(Ord. No. 154, § 4.1(3), 7-17-91)
Sec. 18-59. Pipe bedding.
A note or detail shall show the type of bedding upon which the sewer pipe shall be installed. The bedding shall be approved by the township engineer based upon the application of reasonable standards.
(Ord. No. 154, § 4.1(4), 7-17-91)
Sec. 18-60. Extension of service leads.
Sanitary service leads are to be extended a minimum of ten feet beyond the property line.
(Ord. No. 154, § 4.1(5), 7-17-91)
Sec. 18-61. Manholes.
(a) Sanitary sewer manholes shall meet the following maximum spacing requirements:
10" . . . 300 feet
12" to 21" . . . 350 feet
24" & larger . . . 400 feet
(b) Manholes shall be placed in the street rights-of-way. In general, sanitary sewers will not be approved in a rear lot easement.
(Ord. No. 154, § 4.1(6), 7-17-91)
Sec. 18-62. Contents of sewer profile.
The following information shall be indicated on the sanitary sewer profile:
(1) Length of run between manholes.
(2) Size and slope of sewer.
(3) The location of compacted sand backfill.
(4) Top of castings and invert elevations of all manholes.
(5) Existing elevation along the route of the sewer and the proposed ground, top of curb or edge of pavement grade.
(Ord. No. 154, § 4.1(7), 7-17-91)
Sec. 18-63. Minimum depth.
A minimum depth from top of curb (or road centerline) to the top of an sanitary sewer of 8 1/2 feet at local control points, or a minimum of nine feet at locations where the sewer grade is parallel to the road grade shall be provided. In all cases, the sewer shall be deep enough to serve, by gravity, a standard depth basement.
(Ord. No. 154, § 4.1(8), 7-17-91)
Sec. 18-64. Plug for wye, end of connection.
Each wye or end of house connection shall have a plug with the same type of joint as the main sewer.
(Ord. No. 154, § 4.1(9), 7-17-91)
Sec. 18-65. Specifications for pipe, joints.
Allowable types of sewer pipe and joints shall be current township standards and shall be covered on the plans by note, where applicable.
(Ord. No. 154, § 4.1(10), 7-17-91)
Sec. 18-66. Basis of design.
A basis of design for the sanitary sewer shall accompany the plans when submitted for review showing that the proposed sanitary sewer has the capacity to carry the peak design flow.
(Ord. No. 154, § 4.1(11), 7-17-91)
Sec. 18-67. Connections; blind taps prohibited.
Sewer connections must be made at manholes. Blind taps shall not be permitted unless approved by the township engineer.
(Ord. No. 154, § 4.1(12), 7-17-91)
Sec. 18-68. Pump stations.
In special instances where a sewage lift station is required, the township engineer will provide pump station standards for use by the developer's engineer.
(Ord. No. 154, § 4.1(13), 7-17-91)
Secs. 18-69--18-80. Reserved.
DIVISION 4. STORMWATER DRAINAGE SYSTEM
Sec. 18-81. Design basis.

Storm drainage systems shall be designed for a ten-year storm. The rational method for arriving at stormwater runoff shall be used.
(1) The formula for rainfall intensity shall be equivalent to:
I = 175/T + 25
(2) Where T is the time of concentration. A map shall be submitted outlining the various areas, including offsite upstream areas, which drain to the points of inlet used for design together with the storm sewer design computations.
(3) In general, sufficient capacity shall be provided in the storm sewer system to take fully developed (fully paved and sewered) upstream drainage into the system.
(Ord. No. 154, § 5.1(1), 7-17-91)
Sec. 18-82. Hydraulic gradient.
Where the hydraulic gradient is above the top of the sewer pipe, the hydraulic gradient shall be shown in profile.
(Ord. No. 154, § 5.1(2), 7-17-91)
Sec. 18-83. Manhole spacing.
Manhole spacing for storm sewers shall be as follows:
TABLE INSET:

Diameter of Sewer Maximum
Manhole Spacing
Up to 15".......... 330'
18" to 30".......... 350'
36" and 42".......... 400'
48".......... 450'
54" to 60".......... 500'
66" and larger.......... 600'

Note: Height of elliptical pipe shall be used as a criteria for manhole spacing. Catch basins shall not be constructed over a sewer line to replace manholes.
(Ord. No. 154, § 5.1(3), 7-17-91)
Sec. 18-84. Storm sewer profile.
The following information shall be indicated on the storm sewer profile:
(1) Length of run between manholes.
(2) Size and slope of sewer between manholes.
(3) Class of bedding where concrete is required.
(4) Top of castings and invert elevations of all manholes.
(Ord. No. 154, § 5.1(4), 7-17-91)
Sec. 18-85. Pipe bedding.
A note or detail shall show the type of bedding upon which the sewer pipe shall be installed. Bedding shall be approved by the township engineer based upon the application of reasonable standards.
(Ord. No. 154, § 5.1(5), 7-17-91)
Sec. 18-86. Cover of sewer.
Where possible, a minimum of three feet of cover from the top of curb (or road centerline) to the top of any storm sewer shall be provided.
(Ord. No. 154, § 5.1(6), 7-17-91)
Sec. 18-87. Catch basins.
(a) Catch basins shall be located as follows, subject only to variances granted by the township engineer:
(1) At the radius return of street intersections. One hundred fifty feet maximum distance along the street between a high point and a corner catch basin is allowed when drainage is required to go around the corner.
(2) At all low points in streets.
(3) At intermediate points along the street such that there is a maximum of 600 feet of drainage draining from a high point to a catch basin or from a previous intercepting catch basin to this catch basin.
(4) A maximum of 900 feet of drainage is allowed from two directions.
(b) Field catch basins shall be provided at all low points in easements. Locate field catch basins such that not more than 600 feet of drainage runs into any one catch basin other than at a low point catch basin. One thousand two hundred feet of drainage is allowed to run into a low point catch basin.
(c) Locate field catch basins in rear lot easement swales when such swales change direction by more than 45 degrees.
(Ord. No. 154, § 5.1(7)--(9), 7-17-91)
Sec. 18-88. Finished easement grades.
Finished easement grades shall be indicated on the plans.
(Ord. No. 154, § 5.1(10), 7-17-91)
Sec. 18-89. Drains.
(a) Open drains will be permitted in accordance with the following:
(1) A permit must be obtained from the county drain commission for all connections to county drains. Plans shall conform to all current requirements for state law pertaining to floodplain determination, stream crossing requirements and other statutes relating to waterways.
(2) Major drains shall have side slopes no steeper than five horizontal to one vertical, where such slopes abut the development being proposed (major drains are defined as carrying a design flow exceeding 15 CFS). A cunnette or low flow channel within a major drain easement may be constructed with three-to-one sideslopes, where approved by the township. An easement at least 30 feet wider than the widest point from top of bank to top of bank is to be recorded as part of the subdivision or otherwise dedicated.
(3) Adequate culverts are required at all roads crossing a drain.
(4) Drain bottom and slopes to the hydraulic gradient line must be sodded or seeded.
(b) Headwalls and inlet structures shall be placed as required.
(Ord. No. 154, § 5.1(11), 7-17-91)
Sec. 18-90. Types of pipe, joints.
Allowable types of sewer pipe and joints shall be of current township standards and shall be covered on the plan by note or on the profile where applicable.
(Ord. No. 154, § 5.1(12), 7-17-91)
Sec. 18-91. Lateral storm sewers.
Where lateral storm sewers are proposed, they shall be constructed to provide a connection for footing drain house leads. Extensions of the storm sewer laterals to provide for footing drain discharge only, shall be a minimum of an eight-inch diameter on a minimum 0.4 percent grade with manholes spaced a maximum of 300 feet. A minimum four-inch diameter storm sewer lead shall be constructed from the lateral storm sewer to the property line to provide an outlet for the footing drain discharge. The lead shall be constructed at a minimum depth of 3 1/2 feet on a minimum of 1.0 percent grade.
(Ord. No. 154, § 5.1(13), 7-17-91)
Sec. 18-92. Slope.
Where possible, the slope of storm sewers shall provide a minimum velocity of 2.5 feet per second.
(Ord. No. 154, § 5.1(14), 7-17-91)
Secs. 18-93--18-105. Reserved.
DIVISION 5. STORMWATER RETENTION AND DETENTION
Sec. 18-106. When required.
Any new development or addition to an existing development must retain/detain the increased runoff onsite unless otherwise directed by the township engineer. Acceptable means of retention/detention can be achieved through standing water in parking areas or a separate retention/detention basin.
(Ord. No. 154, § 6.1(1), 7-17-91)
Sec. 18-107. Basic design standards.
The county method of retention basin design, as available from the county drain commission office, shall be utilized in determining the volume of retention required. Basins with orifice outlets will be required to hold the volume of a ten-year storm while basins with no outlets will be required to hold two consecutive 100-year storms. Discharge through an orifice outlet shall not exceed 0.2 cfs/acre.
(Ord. No. 154, § 6.1(2), 7-17-91)
Sec. 18-108. Minimum specifications.
(a) All manmade open stormwater retention/detention basins shall have side slopes no steeper than one vertical to five horizontal.
(b) The basin must be constructed to drain entirely unless designed to retain a permanent water level that conforms to the aesthetics of a landscape plan relating to the surrounding landscape.
(c) The bottom of the basin must have stable vegetative cover, or some other approved method of stabilization.
(d) A minimum of 12 inches of freeboard must be maintained with a positive, nonerodible overflow capable of handling the capacity of a 100-year storm.
(e) Minimum grade on the bottom of the basin shall be 1.0 percent where feasible.
(Ord. No. 154, § 6.1(3)--(7), 7-17-91)
Sec. 18-109. Maintenance agreement.
A maintenance agreement shall be required for all stormwater retention/detention basins.
(Ord. No. 154, § 6.1(8), 7-17-91)
Secs. 18-110--18-130. Reserved.
DIVISION 6. COMMUNITY SEWER SYSTEMS
Sec. 18-131. Short title.

This division shall be known and may be cited as the Charter Township of Milford "Community Sewer System Ordinance."
(Ord. No. 166, Art. I, 2-16-00)
Sec. 18-132. Intent and purpose.
Pursuant to Act No. 98 of the Public Acts of 1913, as amended, the Michigan Department of Environmental Quality ("MDEQ") is authorized to issue permits for on-site sewage disposal systems that service more than one property (referred to herein as a "community sewer system"). In issuing an Act 98 permit, the MDEQ requires that township to adopt a resolution stating that the township will assume responsibility for the operation, maintenance, and, in the event of system failure, clean-up of the proposed system, if the owner fails to do so. While the township recognizes that a community sewer system may be in the best interests of the health, safety, and welfare of the township and the residents in some circumstances, the township requires assurance that should an Act 98 permit be issued, that the township shall be indemnified from any costs or liability in connection with the design, construction, operation, maintenance, repair and/or replacement of that system. To this effect, this division is intended to regulate community sewer systems to provide those assurances.
(Ord. No. 166, Art. II, 2-16-00)
Sec. 18-133. Definitions.
Act 98 shall mean Act No. 98 of the Michigan Public Acts of 1913, as amended.
Act 98 permit shall mean a permit issued in accordance with the provisions of Act 98.
Association, for a condominium development, shall have the same meaning as "association of co-owners" found in Act No. 59 of the Michigan Public Acts of 1978, as amended. For a subdivision or other development it shall mean an association of homeowners or property owners organized pursuant to deed restrictions and/or restrictive covenants in a particular development.
Community sewer system or system shall mean a facility for the transportation, collection, processing or treatment of sanitary sewage which is owned by a non-governmental entity and which services of which is proposed to service more than one structure.
Development shall include a subdivision as defined by Act No. 288 of the Public Acts of 1967, as amended, a condominium pursuant to the provisions of Act No. 59 of the Public Acts of 1978, as amended, or any group of dwellings or structures which are proposed to be serviced by a community sewer system.
Development documents shall mean (a) for a condominium project, the master deed and bylaws provided by Act No. 59 of the Public Acts of 1978, as amended; and (b) with regard to subdivisions or other developments, deed restrictions and/or restrictive covenants.
Dwelling shall mean a structure primarily designed or used for residential purposes.
Expansion shall mean any activity whereby additional structures or users shall be added to an existing system.
Public sanitary sewer system shall mean a publicly-owned sanitary sewer system.
MDEQ shall mean the Michigan Department of Environmental Quality, or its successors.
Owner shall mean the owner of a fee simple interest, a land contract purchaser, or owner of a unit in a condominium, of property which is serviced or is proposed to be serviced by a community sewer system.
Sanitary sewer system shall mean a facility for transportation, collection, processing, or treatment or sanitary sewage.
Structure shall mean a building in which toilet, kitchen, laundry, bathing or other facilities which generate water carrying sanitary sewage are used for household, commercial, industrial, or other purposes.
Township shall mean the Charter Township of Milford, Oakland County, Michigan, acting through its duly elected township board.
(Ord. No. 166, Art. III, 2-16-00)
Sec. 18-134. Regulations.
(a) Except as provided in this division, it shall be unlawful to construct, install, or operate a community sewer system to service developments within the township.
(b) The township shall grant approval of a community sewer system only after the applicant has provided all information and met all the standards contained in this division.
(Ord. No. 166, Art. IV, 2-16-00)
Sec. 18-135. Requirements for approval.
(a) Any community sewer system shall comply with the terms of this division, applicable standards of the MDEQ, Michigan Department of Public Health, and Oakland County Health Department, and any other applicable laws and regulations of the federal government, State of Michigan, Oakland County, and the township.
(b) No new community sewer system or an expansion of an existing system shall be constructed, installed, or operated within the township unless the plans for the installation and system design have been approved by the township, the county health department, the state department of public health, and/or state department of environmental quality (MDEQ) (which ever has jurisdiction) as conforming with their regulations and a permit issued in accordance therewith, and any other applicable government unity having jurisdiction over the system.
(c) The applicant shall provide the following to the township before approval for a community sewer system may be granted:
(1) A certification from the system design engineer indicating that the system as designed and constructed will adequately process sanitary sewage and waste as required by applicable laws and regulations of the federal government, state, county and the township. The township engineer shall review and make a recommendation regarding the adequacy of such certification.
(2) An executed agreement between the applicant, owner, and/or association, and the county drain commissioner office, or another operator as determined by the township, in its sole discretion, to be properly certified and possessing the required ability to operate and manage the system. The agreement shall contain provisions for: (i) operation and maintenance of the system; (ii) collection of charges for connection to, use and replacement of the system; (iii) compliance with all applicable governmental laws, ordinances, regulations, and agreements regarding the system. The agreement shall provide that it may not be terminated without township approval. The language of such agreement shall be approved by the township attorney and township engineer prior to granting of township approval.
(3) An executed agreement between the applicant, owner, and/or association, and the township in a form acceptable to the township. The agreement shall provide the terms and conditions related to the township's obligation to oversee the system and shall specify:
a. The applicant, owner, and/or association shall be responsible for operation and maintenance of the system.
b. The individual or entity responsible for such operation and maintenance on behalf of the applicant, owner, and/or association.
c. Standards for operation, maintenance, repair and/or replacement of the system.
d. The applicant, owner, and/or association shall jointly and severally indemnify the township from any and all costs and liability incurred by the township with respect to operation, maintenance, repair and replacement of the system.
e. The applicant, owner, and/or association shall establish an escrow account in an amount determined by the township to satisfy all costs relating to the maintenance, operation, repair and/or replacement of the system. The amount of the escrow account shall be established by the township prior to granting approval for the system.
f. The applicant, owner, and/or association shall pay an application fee designed to reimburse the township for all its expenses involved in review of the construction and design of the system, or preparing or reviewing any documents referenced in this article, including review by the township engineer and township attorney, as required.
g. That should the designated individual or entity fail to comply with any requirements listed in subsection c., that the township, may, with or without notice, enter onto the property, perform any necessary maintenance, repair, replacement and/or operation, with the applicant, owner and/or association reimbursing the township all such costs resulting from such activity plus a 25 percent administration fee; and that in default of such payment, the township shall be entitled to withdraw any or all of the escrow account referenced in subsection e. without the consent of the applicant, owner, association or any other person or entity, and additionally undertake whatever collection proceedings are available to it by law including, but not limited to, the addition of any such costs to the tax roll to be collected in the same manner as special assessments are assessed against any real property, or interest therein, serviced by the system.
h. The applicant, owner and/or association shall provide for the maintenance of a policy of casualty insurance for the replacement value of the insurable components of the system and a policy of comprehensive general liability insurance with limits acceptable to the township, naming the township as an additional insured.
i. The township may, at its sole discretion, require that the community sewer system be abandoned and all properties in the development be connected to any publicly-owned community sewer system which may be constructed in the future abutting the development or in an easement abutting the development.
j. The township shall have the option to purchase for the sum of $1.00 (1) marketable title to any lands required to be titled in the name of the township by governmental or regulatory requirements, or (2) easements reasonably deemed by the township to be necessary in conjunction with the township's assumption of responsibility for the community sewer system or future publicly-owned community sewer system.
(4) The provisions of the development documentation referenced in the preceding section shall also be included in a separate document, in form approved by the township attorney, and included within the condominium disclosure documents for a condominium project, or in a separate recordable document for other developments, and delivered to the prospective purchaser prior to the execution of a purchase agreement for property proposed to be serviced by a community sewer system.
(5) A permanent and irrevocable easement, in recordable form, shall be granted by the applicant, owner and/or association to the township and its employees, agents, and assigns authorizing them to enter onto the property upon which the system is located for the purpose of inspections, improvement, repairing, maintaining, and/or replacing the system area and requiring that the system area shall be maintained so and to be accessible at all times, prohibiting any structures or landscaping within such area that would unreasonably interfere with such access.
(d) No building permit shall be used for any structure or development proposed to be serviced by a community sewer system until the township has approved such system in accordance with terms and provisions of this division.
(e) Anything in this division to contrary notwithstanding, the township shall not be responsible or obligated to perform any needed or desired repairs, maintenance, improvement, and/or replacement of the system or any portion thereof. Any such repairs, maintenance improvement and/or replacement undertaken by the township shall be in its sole and absolute discretion.
(f) At any time approval for a community sewer system is granted, the township may condition such approval upon the applicant and current and future owners of property proposed to be serviced by the system and/or any association, to adhere to certain operational and maintenance requirements. The contractor and/or association shall furnish periodic operating reports in accordance with the maintenance requirements and schedule. Any such requirements shall be made a part of the development documents.
(g) The development documents referenced in section (c)(3) and (4) shall be recorded at the office of the county register of deeds. After approval by the township the development documents, as they pertain to the system, shall not be changed without township approval. The documents shall contain language to that effect.
(h) The association, individual owners and/or users of the system shall be responsible for all costs involved in the installation, operation, maintenance, repair, replacement and liability associated with the system. The township may, at its option, elect to collect all costs it may incur in connection with the system pursuant to the other provisions of this division, or by direct court action against the association, owners and/or users of the system.
(Ord. No. 166, Art. V, 2-16-00)
Sec. 18-136. Enforcement and penalties.
(a) Civil remedies. The provisions of this division shall be enforceable through any and all remedies at law or in equity in any court of competent jurisdiction. Any violation of this division is deemed to be nuisance per se.
(b) Criminal remedies. Any person convicted of a violation of this division, or any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document, filed or required to be maintained pursuant to this division, shall, upon conviction be punished by a fine of not more than $500.00 or imprisonment in the county jail for a period of time not to exceed 90 days, or both such fine and imprisonment, in the discretion of the court, together with costs of prosecution.
(Ord. No. 166, Art. VI, 2-16-00)

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