Chapter 18 UTILITIES*
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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