[Adopted 5-9-1984 by Ord. No. 90]
[Amended 11-19-1997 by Ord. No. 178]
For the purpose of this article, the following
terms shall have the meaning indicated:
The Warwick Township Municipal Authority.
The Board of Supervisors of Warwick Township, Lancaster County,
Pennsylvania.
A person, or his authorized agent, for whom subdivision or
land development plans are being, or have been, made or for whom the
planning module for land development as required by the Department
of Environmental Protection of the Commonwealth of Pennsylvania is
being, or has been, prepared.
A comprehensive plan for the provision of adequate sewage
systems adopted by the Township of Warwick and submitted to and approved
by the State Department of Environmental Protection as provided by
the Pennsylvania Sewage Facilities Act and the provisions of Chapter
71 of Title 25 of the Pennsylvania Code.
A form provided by the Department of Environmental Protection
of the Commonwealth of Pennsylvania for new subdivisions to be prepared
by the person subdividing or developing the tract, or by any other
person, pertaining to revisions or supplements to the Township's official
sewage plan which requires the Township's acceptance and submission
to said Department of Environmental Protection.
A structure enclosed within exterior walls or fire walls,
built, erected and framed of component structural parts and designed
for the housing, shelter, enclosure and support of individuals, animals
or property of any kind; main structure on a given lot.
All existing or proposed structures and appurtenances of
the Township or the Authority for the provision of sanitary sewerage
service including, but not limited to, collector and interceptor sewers,
pumping stations, force mains and sewage treatment plants.
All structures and appurtenances for the provision of sanitary
sewerage service to two or more lots or a land development including,
but not necessarily limited to, sanitary sewers (both collector and
interceptor sewers), laterals, pumping stations and force mains.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, transfer of ownership or building or
lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or residential
dwellings, shall be exempted.
The Township of Warwick, Lancaster County, Pennsylvania.
The Board may, as a condition to (A) the approval
of a land development or subdivision; (B) the acceptance of a planning
module for land development or the adoption of a revision or supplement
to the Township's official sewage plan; (C) the issuance of a permit
by the Township's Sewage Enforcement Officer to install the second
or subsequent individual or community sewage system in a subdivision;
or, (D) the issuance of a permit by the Township's Zoning Officer
to construct or erect any principal building in a subdivision or land
development, require sanitary sewerage facilities to be planned, designed
and constructed by a developer under the circumstances and in the
manner hereinafter set forth.
[Amended 11-19-1997 by Ord. No. 178]
A developer shall provide a subdivision or land
development with complete sanitary sewerage facilities which shall
be extended to and connected with (or installed in a manner suitable
for connection with) the existing or proposed public sewer system
at the expense of the developer and in accordance with the Township's
and the Authority's design and construction requirements in the following
circumstances:
A.
When the Authority's public sewer system is within
1,000 feet of the proposed subdivision or land development.
B.
Where the Authority has proposed the construction
of a public sewer system which will be within 1,000 feet of the proposed
subdivision or land development.
C.
Where construction or development plans approved by
the Township and/or the Authority provide for the extension of the
Authority's public sewer system to within 1,000 feet of the proposed
subdivision or land development and, in the Township's opinion, such
connection is practicable.
[Amended 11-19-1997 by Ord. No. 178]
A.
If § 245-21 of this article is inapplicable or if immediate connection to the public sewer system referred to in § 245-21 is not practicable, but where the proposed subdivision or land development is within an area planned for public sewer service by adopted planning documents of the Township and/or the Authority within the next 10 years, the developer shall install sanitary sewerage facilities, including sewer lines, valves, laterals and other necessary accessories and appurtenances in accordance with the rules and regulations of the Authority in order to provide adequate sewer service to each lot and/or each principal building when connection with the public sewer system is made. The design of such sanitary sewerage facilities shall be in accordance with the rules and regulations of the Authority and shall be approved by the Authority. The sewer lines shall be suitably capped at the limits of the proposed subdivision or land development and the service laterals shall be capped at the street right-of-way line.
B.
Whenever capped sanitary sewerage facilities are required by Subsection A, of this section, the service laterals shall be so installed as to avoid placing building connections under paved areas or driveways, and all of the sewer lines and service laterals shall be installed before the streets shown on the subdivision or land development plan are constructed.
C.
When capped sanitary sewerage facilities are required
by this section, the developer shall also install onlot sewage disposal
systems for each lot and/or principal building.
The Board, when determining whether or not the
installation of sanitary sewerage facilities is practicable or whether
or not an adequate public sewer system will become available within
a reasonable time, shall consider all relevant factors including the
topography of land, the proximity of the subdivision or land development
to an existing or proposed public sewer system, the projected date
for the construction of a proposed public sewer system and whether
the installation can be effected without prohibitive expense or undue
hardship. The Board may require a developer to submit such additional
information as it reasonably needs to determine the practicability
of installing sanitary sewerage facilities in a subdivision or land
development.
Security satisfactory to the Board and/or the
Authority shall be furnished by the developer to guarantee completion
of all improvements and installations required by this article and
to guarantee payment of all engineering services required by this
article.
The Board and/or the Authority shall appoint
an engineer or engineering firm having experience and a favorable
repute in the field of public sanitary wastewater engineering, appropriately
licensed by the Commonwealth of Pennsylvania, to review the design
of and inspect the construction of all sanitary sewerage facilities
to be constructed by the developer in order to give assurance that
said facilities will coordinate and have congruity with the Township's
official sewage plan. After review of the design, said engineer or
engineering firm will recommend the action to be taken by the Board
and/or the Authority. The design of such sanitary sewerage facilities
must be approved by the Board and/or the Authority prior to beginning
the construction thereof.
The costs of engineering services which are
rendered for the review of design and inspection of construction shall
be paid by the developer. The costs for services shall be in accordance
with said engineer's or said engineering firm's standard per diem
rates. The procedure for payment will be decided upon among the Board
and/or the Authority, the engineer and the developer prior to the
beginning of work by the engineer or engineering firm.
It shall be deemed a violation of this article
for any developer to fail or refuse to extend the public sewer system
or to fail or refuse to install sanitary sewerage facilities in a
subdivision or land development in the manner which the Board shall
direct pursuant to the terms of this article.
[Amended 11-9-1988 by Ord. No. 133; 11-19-1997 by Ord. No.
178]
If the Board of Supervisors or the officer designated
to enforce this article by the Board of Supervisors determines that
a person has committed or permitted the commission of a violation
of this article, the Board of Supervisors or such enforcement officer
shall inform such person in writing of the violation, shall notify
such person to cease the violation of this article and shall inform
such person that he/she or she must pay a civil penalty to the Township
within the range of the amounts set forth below to settle the violation.
The penalty for a first offense shall be not less than $50 and not
more than $600; the penalty for a second offense shall be not less
than $100 and not more than $600; and the penalty for a third or greater
offense shall be not less than $200 and not more than $600. If such
person fails or refuses to remit the penalty to the Township within
10 days from the date of the written notice of the violation of this
article, the Township may commence a civil enforcement proceeding
seeking penalties and costs for the violation of this article and/or
may commence an action in equity. The Township shall seek a judgment
for the penalty previously imposed together with additional daily
penalties for continuing violations plus all court costs, including
the reasonable attorneys' fees incurred by the Township in the enforcement
proceedings. Each day that a violation continues shall constitute
a separate violation, and each section of this article which is violated
shall constitute a separate violation. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure.
In addition to the remedies provided in § 245-28, above, any continued violation of this article may be abated by proceeding against the violator in a court of equity for relief.
