Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
ACT 537 PLAN
The Township's Official Plan as defined in the Pennsylvania
Sewage Facilities Act of January 24, 1966, P.L. 1535 (1965), No. 537,
as amended, 35 P.S. §§ 750.1-750.20a ("Sewage Facilities
Act" or "Act 537").
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
GRINDER PUMP
Any electric-motor-driven, submersible, centrifugal pump
capable of macerating all material found in normal domestic sanitary
sewage, including reasonable amounts of objects, such as plastics,
sanitary napkins, disposable diapers, rubber and the like, to a fine
slurry, and pumping this material through a small diameter discharge.
IMPROVED PROPERTY
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
OFFICIAL PLAN REVISION
A change in the Township's Act 537 Plan to provide for additional
or newly identified future or existing sewage facilities needs, as
defined fully in Section 1 of the Sewage Facilities Act, 35 P.S. § 750.1.
PROPERTY OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
SEWAGE
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, or to animal or aquatic life or to the use of
water for domestic water supply or for recreation or any substance
which constitutes pollution under the Clean Stream Law, 35 P.S. §§ 691.1-691.1001,
as amended.
TOWNSHIP
Willistown Township and/or its Board of Supervisors.
The connection of existing properties or proposed new land development
to an existing or proposed sewerage system through the use of sewage
grinder pumps, their associated force mains, or low-pressure laterals
shall occur only after an official plan revision to the Township's
Act 537 Plan, approved by both the Township and Department, designates
that the proposed properties be served by such a connection.
The Township is hereby authorized and empowered to adopt such
rules and regulations concerning sewage which it may deem necessary
from time to time to affect the purposes herein. The Township is hereby
authorized and empowered to take such other actions as are necessary,
including, but not limited to, entering into agreements with property
owners that ensure proper operation and maintenance of sewage facilities
within the Township's borders, including, but not limited to, sewage
grinder pumps and any associated force mains or low-pressure laterals.
[Amended 3-11-2024 by Ord. No. 1-2024]
A. The Township shall exercise its powers and legal authority set forth
herein, and under all applicable statutes, ordinances, and other laws,
to affect the purposes of this article.
B. The Township shall not be responsible for the installation, use,
operation, maintenance, service, repair or replacement of grinder
pumps or low-pressure sewer laterals throughout Willistown Township.
C. All grinder pumps and low-pressure sewer laterals and the installation,
use, operation, maintenance, service, repair and replacement thereof
shall comply with the rules and regulations of the Township in effect
from time to time.
D. All grinder pumps and low-pressure sewer laterals shall be connected
to the sewage collection and conveyance system in full compliance
with the rules and regulations of the Township in effect from time
to time.
E. The Township shall require initial inspections of all grinder pumps
and low-pressure sewer laterals when a new sewer connection is made.
[Amended 3-11-2024 by Ord. No. 1-2024]
A. Each property owner served by a grinder pump shall bear full responsibility
for installing, using, operating, maintaining, servicing, repairing
and replacing his/her grinder pump and/or its low-pressure sewer lateral,
unless otherwise set forth herein.
B. Each property owner served by a grinder pump shall close the sewage
system and cease operations during any period when the grinder pump
and/or low-pressure sewer lateral serving a property is inoperable
for more than 90 days.
C. Where the grinder pump and/or low-pressure sewer lateral is shared
between property owners, they shall submit to the Township a Declaration
of Easements, Covenants and Restrictions in recordable form setting
forth the agreement of each benefited property owner with respect
to the installation, use, operation, maintenance, service, repair
and replacement of the grinder pump and/or low-pressure sewer lateral,
which agreement shall bind all future property owners. Following the
approval of the sewer connection by all applicable agencies, the Township
will not issue a permit for its installation until evidence is presented
that the agreement has been recorded in the Office for the Recorder
of Deeds, Chester County, Pennsylvania.
In addition to any other remedies provided in this ordinance, any violation of §§
105-113 and
105-114 above shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
All such rules and regulations adopted by the Township to effectuate
this article shall be in conformity with the provisions herein, all
other ordinances of the Township, and all applicable laws, and applicable
rules and regulations of administrative agencies of the Commonwealth
of Pennsylvania.