Fill and Sign the New Ordinance Requires Sewer Inspection Before Property Form

Township CountyOrdinance Requiring Connection to Sewage SystemORDINANCE NO. AN ORDINANCE OF THE TOWNSHIP OF , COUNTY, , REQUIRING ALL OWNERS OF PROPERTY LOCATED WITHIN THIS MUNICIPALITY AND ACCESSIBLE TO AND WHOSE PRINCIPAL BUILDING IS WITHIN A DISTANCE FROM THE SEWER SYSTEM OF THE PEGASUS SEWER AUTHORITY TO CONNECT SUCH PROPERTY WITH AND TO USE SUCH SEWER SYSTEM; PROVIDING FOR THE ENFORCEMENT OF REGULATIONS, ADOPTED BY THE AUTHORITY GOVERNING THE MANNER OF MAKING SUCH CONNECTIONS AUTHORIZING THIS MUNICIPALITY TO MAKE CONNECTIONS AT THE COST AND EXPENSE OF ANY OWNER OF IMPROVED PROPERTY FAILING TO MAKE SUCH CONNECTION; AN ADOPTING CERTAIN RULES AND REGULATIONS; PROHIBITING THE CONNECTION OF PRIVY VAULTS, CESSPOOLS, SINKHOLES, SEPTIC TANKS AND SIMILAR RECEPTACLES TO ANY SEWER; PROHIBITING THE MAINTENANCE OF CERTAIN RECEPTACLES AND REQUIRING ABANDONMENT THEREOF WHERE A SEWER IS AVAILABLE; SETTING FORTH RELATED MATTERS; ADOPTING REGULATIONS FOR HOLDING TANKS AND PORTABLE TOILETS AND PRESCRIBING PENALTIES FOR VIOLATION. The governing body of the Township of , County, , enacts and ordains as follows: ARTICLE I DEFINITIONS SECTION 1.01. Unless the context specifically and clearly declares otherwise the meaning of terms and phrases used in this Ordinance shall be as follows: A. "Authority" shall mean the Sewer Authority, County, Pennsylvania, a municipal authority of the Commonwealth; B. "Building Sewer" shall mean the extension from the sewage drainage system of any structure to the Lateral of a Sewer; C. "Commonwealth" shall mean the Commonwealth of ; D. "Property" shall mean any property within this Municipality upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings and from which structures Sanitary Sewage and/or Industrial Wastes shall be or may be discharged; E. Industrial Establishment" shall mean any Property located in this Municipality used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any other Property located in this Municipality from which wastes, in addition to or other than residentially generated, Sanitary Sewage, shall be discharged, (this definition i s intended to cover establishments normally categorized as commercial); E. "Industrial Wastes" shall mean any and all wastes discharged from an Industrial Establishment, other than Sanitary Sewage; G. Lateral" shall mean that part of the Sewer System extending from a Sewer to the curb line or, if there shall be no curb line, to a point designated by the Municipality, or, if no such lateral shall be provided, then "lateral" shall mean that portion of, or place in, a Sewer which is provided for connection of any Building Sewer; H. Municipality" shall mean the Township of , County, , a Municipal subdivision of the Commonwealth, acting by and through its governing body, or, in appropriate cases, acting by and through its authorized representatives. I. Owner" shall mean any Person vested with ownership, legal or equitable, sole or partial, of any Property; J. “Person" shall mean any individual, partnership, company, association, society, trust, corporation or other group or entity; K. Portable Toilet - is any holding tank system that is delivered to a property by a company licensed or approved by the Commonwealth of to provide that service. L. Holding Tank - is any sewage collection device which stores sewage rather than providing on site treatment. M. "Sanitary Sewage" shall mean normal water - carried household and toilet wastes from any Property; N. "Sewer" shall mean any pipe or conduit constituting a pan of the Sewer System used or usable for sewage collection purposes; O. "Sewer System" shall mean all facilities, as of any particular time, for collecting, pumping, transporting, treating and disposing of Sanitary Sewage and/or Industrial Wastes, situate in or adjacent to this Municipality and owned by the Authority; P. "Street" shall mean and shall include any publicly owned street, road, lane, court, cul-de- sac, alley, public way or public square; and ARTICLE II USE OF PUBLIC SEWERS REQUIRED SECT1ON 2.01. The Owner of any single family residential Property whose principal building is within 150 feet from the Sewer System and the owner of any other building whose principal building is within a distance of 150 feet times the projected EDU's for the building (projected EDU's shall be determined using current Authority EDU flow calculations Regulations) shall connect such property with and shall use such Sewer System, in such manner as this Municipality may require, within 60 days after notice to such Owner from the Authority, in writing, to make such connection, for the purpose of discharge of all Sanitary Sewage and Industrial Wastes from such Property; Provided, however, that no property owner of a facility using less than 10 EDU's either in an individual facility or as part of a land development or subdivision activity shall be required to make a connection which crosses a state owned highway. SECTION 2.02. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a Sewer shall be required under Section 2.1, shall be conducted into a Sewer, subject to such limitations and restrictions as shall be established herein or as otherwise shall be established by this Municipality, from time to time. SECTION 2.03. No Person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within this Municipality any Sanitary Sewage or Industrial Wastes in violation of Section 2.01. No Person shall discharge or shall permit to be discharged to any natural outlet within this Municipality any Sanitary Sewage or Industrial Wastes in violation of Section 2.01, except where suitable treatment has been provided which is satisfactory to this Municipality. SECTION 2.04. No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any Property which has been connected to a Sewer or which shall be required under Section 2.01 to be connected to a Sewer. SECTION 2.05. No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a Sewer. SECTION 2.06. The notice by this Municipality to make a connection to a Sewer, referred to in Section 2.01, shall consist of a written statement referring to this Ordinance, specifying that such connection shall be made within 60 days from the date such notice is given. Such notice may be given at any time when a Sewer is in place which can receive and can convey Sanitary Sewage and Industrial Wastes for treatment land disposal from the particular Property. Such notice shall include a summary of physical requirements of the Authority for sewage connections. ARTICLE III BUILDING SEWERS AND CONNECTIONS SECTION 3.01. No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any Sewer or any part of the Sewer System without first obtaining a tapping permit, in writing from the Authority. SECTION 3.02. Application for a permit required under Section 3.01 shall be made by the Owner of the property served or to be served or by the duly authorized agent of such Owner. SECTION 3.03. No Person shall make or shall cause to be made a connection of any Property with a Sewer until such Person shall have fulfilled each of the following conditions: A. Such Person shall have notified the Authority of the desire and intention to connect such Property to a Sewer; B. Such Person shall have applied for and shall have obtained a permit as required by Section 3.01. C. Such Person shall have given the designated representative of the Authority at least 24 hours' notice of the time when such connection will be made so that the Authority may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing. D. If applicable, such Person shall have furnished satisfactory evidence to the Secretary of this Municipality that any tapping (or connection) fee, which may be charged and imposed by the Authority against the Owner of each Property who connects such Property to a Sewer, has been paid. SECTION 3.04. Except as otherwise provided in this Section 3.04, each Property shall be connected separately and independently with a Sewer through a Building Sewer. Grouping of more than one Property on one Building Sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of the Authority, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by the Authority. SECTION 3.05. All costs and expenses of construction of a Building Sewer and all costs and expenses of connection of a Building Sewer to a Sewer shall be borne by the Owner of the Property to be connected; and such Owner shall indemnify and shall save harmless this Municipality and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of the construction of a Building Sewer, the connection of a Building Sewer to a Sewer, or the abandonment of a privy vault, cesspool, sinkhole, septic tank or similar receptacle as required under Section 2.04 of this Ordinance. SECTION 3.06. A building Sewer shall be connected to a Sewer at the place designated by this Authority and where, if applicable, the lateral is provided. The invert of a Building Sewer at the point of connection shall be at the same or higher elevation than the invert of the Sewer. A smooth, neat joint shall be made and the connection of a Building Sewer to the Lateral shall be made secure and watertight. SECTION 3.07. If the Owner of any Property abutting on or adjoining any street in which a Sewer constituting part of the Sewer System is located, after 60 days' notice from this Municipality requiring the connection of such property with a Sewer, in accordance with Section 2.01, shall fail to connect such Property, as required, this Municipality may make such connection and may collect from such Owner the costs and expenses thereof by a Municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law. ARTICLE IV. RULES AND REGULATIONS GOVERNING BUILDING SEWERS AND CONNECTIONS TO SEWERS SECTION 4.01. Where a Property, at the time connection to a Sewer is required, shall be served by its own sewage disposal system or sewage disposal device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or sewage disposal devise and attachment shall be made, with proper fittings, to continue such house sewer line as a Building Sewer. SECTION 4.02. No Building Sewer shall be covered until it has been inspected and approved by the Authority. If any part of a Building Sewer is covered before so being inspected and approved, it shall be uncovered for inspection, at the cost and expense of the Owner of the Property to be connected to a Sewer. SECTION 4.03. Every Building Sever of any Property shall be maintained in a sanitary and safe operating condition by the Owner of such Property. SECTION 4.04. Every excavation for a Building Sewer shall be guarded adequately with barricades and lights to protect all Persons from damage and injury. Any Street, sidewalk and other public property disturbed in the course of installation of a Building Sewer shall be restored, at the cost and expense of the Owner of the Property being connected, in a manner satisfactory to this Municipality. Any crossing of Township streets shall be made only after issuance of a street opening permit by the municipality, and in conformance with the rules and regulations of the Municipality pertaining thereto. SECTION 4.05. If any Person shall fail or shall refuse, upon receipt of a notice of this Municipality or the Authority, in writing, to remedy any unsatisfactory condition with respect to a Building Sewer, within 60 days of receipt of such notice, this Municipality may refuse to permit such Person to continue to discharge Sanitary Sewage and Industrial Wastes into the Sewer System until such unsatisfactory condition shall have been remedied to the satisfaction of this Municipality and the Authority. SECTION 4.06. This Municipality reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a Sewer and with the Sewer System, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this Ordinance. ARTICLE V. USE OF HOLDING TANKS AND PORTABLE TOILETS SECTION 5.01 Use of permanent holding tanks shall be by permit issued by the Township Sewage Enforcement Officer under regulations and procedures heretofore adopted by the Township except as such regulations are specifically modified by this resolution. SECTION 5.02 License and Fee. The user of each Holding Tank shall annually notify the township of the continuation of any holding tank system previously approved by the Sewage enforcement officer and provide a brief statement that the tank is to be continued in use in the foregoing year. The supervisors shall assess a fee for annual registration of holding tanks at their reorganization meeting The Township Secretary shall maintain a record of all holding tanks in the township. Failure of the any person utilizing a holding tank to so register within 60 days of January 1, shall be deemed to constitute a waiver of any right to continue the use. SECTION 5.03 Bond Holding tanks that are permanent in nature by being fixed to the property or which are owned by anyone other than a company which is regularly engaged in pumping and disposing of the tanks shall be subject to a bond requirement of $1,000.00 which may be posted by approved Surety, Irrevocable Letter of Credit drawn on a or County Bank or by cash. SECTION 5.04 Portable Toilets Use of portable toilets owned by the company responsible for pumping and disposing of the sewage shall not be subject to a bond requirement. Users of Portable toilets shall never the less register the same as provided for in section 5.02 above. SECTION 5.05 PORTABLE TOILET SITING CONDITIONS Where a portable toilet is to be located on a persons property for more than three consecutive days, the portable toilet shall be screened on three sides by a wooden enclosure fence, consistent with neighborhood architectural standards and sufficient to block view of the facility from neighboring residential properties. In addition, disinfectants and deodorizers shall be used as necessary to prevent odors from disturbing neighbors. Where a portable toilet is to be located on property for more than 30 days, the facility shall also be enclosed on three sides by shrubbery at least 5 feet in height and forming a solid screen. No portable toilet shall be located closer than 25 feet from any property line. ARTICLE VI. ENFORCEMENT SECTION 6.01. Any Person who shall violate this Ordinance shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine or not less than fifteen dollars ($15.00) - nor more than six hundred dollars ($600.00), together with costs or prosecution in each case. Each day that a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such. SECTION 6.02. Costs imposed under provisions of this Ordinance shall be enforceable and recoverable in the manner at the time proved by applicable law; as a municipal lien to the benefit of the Municipality or Authority as the case may be. SECTION 6.03 Fines under this ordinance shall be assessed by the municipal officer responsible for residential zoning. Any fine amount may be may be appealled to the Township Board of Supervisors within 30 days of imposition. ARTICLE VII. EFFECTIVE DATE SECTION 7.01. This Ordinance shall become effective in thirty days. ARTICLE VIII SEVERABILITY SECTION 8.01. In the event any provision, section, sentence, clause or part of this Ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Ordinance, it being the intent of this Municipality that such remainder shall be and shall remain in full force and effect ARTICLE IX DECLARATION OF PURPOSE SECTION 9.01. It is declared that enactment of this Ordinance is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Municipality. ARTICLE X REPEALER SECTION 10.01. All ordinances are parts of ordinances and all resolutions or parts of resolutions which are inconsistent with this Ordinance shall be and the same expressly are repealed. ORDAINED AND ENACTED into law by the governing body of the Township of in lawful session assembled this _____ day of _______________, 20 . CERTIFICATE I, the undersigned, secretary of the Township of , County, , certify that the foregoing is a true and correct copy of an Ordinance of the Municipality which was duly enacted by affirmative vote of a majority of the members of the governing body of the Municipality at an open meeting duly held on ___________________, 20 after due notice given as required by law; that said ordinance has been duly recorded in the Ordinance Book of the Municipality; that said Ordinance was duly published as required by law; and that said Ordinance remains in effect, unaltered and unamended, as of the date of this Certificate . IN WITNESS WHEREOF, I see my hand and affix the official seal of the Municipality, this _____ day of ______________ 20 . ___________________________________ Secretary (SEAL)