[Ord. 164, 9/8/1903, § 1]
Any person or corporation now owner or that may hereafter become
owner of real estate with buildings thereon abutting on any street,
avenue or alley along which a public sewer has been or shall hereafter
be constructed, shall, within three months after the service of a
notice in writing or printing, either personally on said owner or
by leaving a copy at his residence, or by leaving a copy on the premises
required to be connected with the public sewer, either with the agent
of the owner, the person in charge of the premises or the tenant,
of the passage by Council of a resolution requiring said property
to be connected with the public sewer, construct and connect a private
sewer from their said property to and with the public sewer, and the
same shall be constructed wholly at the cost of the property owner.
On failure to make the connection as herein directed within three
months after service of notice as aforesaid the Borough may construct
said private sewer and make said connection and collect the cost thereof
from the owner of said property either by personal action or by lien
against the premises as is provided by law for the collection of sewerage
tax.
[Ord. 164, 9/8/1903, § 2]
Any person or corporation owning real estate with improvements
thereon, not abutting on any street, avenue or alley having or which
shall have a public sewer thereon, may, after obtaining the permission
of Council, if they so desire, construct a private sewer for the use
of their property, subject to the conditions hereinafter provided.
[Ord. 164, 9/8/1903, § 3]
All such private sewers within the limits of any street, avenue
or alley shall be made of such material as Council may determine upon,
and the same shall be laid and constructed in the manner directed,
and by and the supervision and control of the Council and, Borough
Engineer and the earth of the excavations made in said work shall
be replaced and thoroughly tamped or flooded or both as may be directed,
and to the level of the said street grade, and whenever the street
is improved and paved the property owner shall replace all street
improvements disturbed by reason of said work in as good condition
and in the same manner as they were before being disturbed, and all
surplus material shall be removed by the owner.
[Ord. 164, 9/8/1903, § 4]
All connections with the public sewers shall be used only for
the purpose of carrying of roof, water, waste water used in buildings
and sewage. No person or corporation shall connect any cesspool or
privy vault with any public sewer. All water closets must be of an
improved flush tank pattern.
[Ord. 164, 9/8/1903, § 5; as amended by Ord. 752,
1/17/2012]
No person or corporation shall open any of the streets, avenues or alleys of said Borough for the purpose of connecting with any public sewer or make any connection with any public sewer without first having obtained a permit from the Borough Secretary to do so, which permit shall be first sanctioned by the Sewer Committee. For said permit there shall be paid to the Borough Secretary for the use of the Borough, the sum in an amount as established, from time to time, by resolution of Borough Council, except where the sewer to be connected with is on a paved street, avenue or alley, in which case the fee for said permit shall be in an amount as established, from time to time, by resolution of Borough Council. All openings in the streets, avenues and alleys for the purpose of connecting with the public sewers shall be under the same supervision and regulations as is provided in § 18-103 hereof.
[Ord. 164, 9/8/1903, § 6]
When a public sewer shall have been constructed in or along
any street, avenue or alley within the Borough limits, the owners
of all property fronting on said street, avenue or alley within reach
of said sewer shall within three months after the completion of said
public sewer connect their premises with said public sewer. After
said period of three months from the completion of a public sewer
along the line of or within reach of any property in said Borough,
it shall be unlawful to use or maintain any cesspool or privy vault
on, or to allow any sink water, wash water or waste water, except
roof water to flow onto the streets, avenues, or alleys of the Borough
from said property.
[Ord. 164, 9/8/1903, § 7; as amended by Ord. 752,
1/17/2012]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to a fine
of not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
[Ord. 630, 1/16/1991, Art. 1]
The following words, when used in this Part, shall have the
meanings ascribed to them in this section, except where the context
shall clearly indicate otherwise:
Any person who makes application for a permit.
The Borough of Ben Avon, Allegheny County, Pennsylvania.
Any person who has been issued a permit under this Part and
who has agreed thereby to fulfill all of the terms of this Part.
Any natural person, partnership, firm, association, corporation
or authority.
All public sanitary sewer pipes, conduits, receptacles, vaults
and other means of collecting, transporting and discharging sanitary
sewage in the Borough into the interceptor sewers of the Allegheny
County Sanitary Authority.
A public street, public easement, public right-of-way, public
highway, public alley, public way, or public road accepted or maintained
by the Borough.
The act of cutting into the public sanitary sewers of the
Borough and connecting a lateral from a wholly private dwelling into
the public sanitary sewers.
[Ord. 630, 1/16/1991, Art. 2; as amended by Ord. 752, 1/17/2012]
1.
It shall be unlawful for any person to tap-in to a public sewer in
the Borough of Ben Avon without first securing a permit from the Borough
for each such separate undertaking and paying the appropriate fee
to the Borough as hereinafter provided.
2.
No person to whom a permit has been granted shall perform any of
the work authorized by such permit in any degree or quantity greater
than that specified in the permit.
3.
Work for which a permit has been issued shall commence within 10
days after the issuance of the permit therefor. If not so commenced,
the permit shall be automatically terminated. Permits thus terminated
may be renewed upon the payment of an additional permit fee as originally
required.
4.
Permits are not transferable from one person to another and the work
shall not be made in any place other than the location specifically
designated in the permit.
5.
Every permit shall expire at the end of the period of time which
shall be set out in the permit. If the permittee shall be unable to
complete the work within the specified time, he shall, prior to expiration
of the permit, present in writing to the Public Works Director a request
for an extension of time, setting forth therein the reasons for the
requested extension. If in the opinion of the Public Works Director
such an extension is necessary and not contrary to the public interest,
the permittee may be granted additional time for the completion of
the work.
6.
Every permit shall be granted subject to the right of the Borough
or of any other person entitled thereto to use the street for any
purpose for which such street may lawfully be used, not inconsistent
with the permit.
7.
Any permit may be revoked by the Public Works Director, after notice
to the permittee, for:
A.
Violation of any condition of the permit or of any provisions of
this Part.
B.
Violation of any provision of any other applicable ordinance or law
relating to the work.
C.
Existence of any condition or the doing of any act constituting or
creating a nuisance or endangering the lives or properties of others.
A permittee may be granted a period of three days from the date of
the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before said permit
is revoked.
[Ord. 630, 1/16/1991, Art. 3; as amended by Ord. 752, 1/17/2012]
1.
It shall be the duty and responsibility of any applicant to:
A.
Make a written application for such permit with the Public Works
Director on such form as he shall prescribe. No work shall commence
until the Public Works Director has approved the application and plan
and issued a permit and until the permittee has paid and provided
all fees, deposits and certificates required by this Part.
B.
Furnish in triplicate a plan showing the work to be performed under
said permit. If approved by the Public Works Director, one copy of
such plan shall be returned to the applicant at the time the permit
is granted.
C.
Agree to save the Borough, its officers, employees, and agents harmless
from any and all costs, damages and liabilities which may accrue or
be claimed to accrue by reason of any work performed under said permit.
The acceptance of any permit under this Part shall constitute such
an agreement by the applicant whether the same is expressed or not.
D.
Comply with all rules and regulations of the Allegheny County Health
Department regarding sanitary sewer tap-ins.
2.
It shall be the duty and responsibility of any person receiving a
permit to:
A.
Pay a permit fee in an amount as established, from time to time,
by resolution of Borough Council.
C.
Keep the original copy of the permit and an approved copy of the
plan at all times while such work is in progress at the location for
which said permit was granted and show such permit and/or plan upon
demand by the Borough or police authorities.
[Ord. 630, 1/16/1991, Art. 4; as amended by Ord. 752, 1/17/2012]
1.
Opening and Excavation Restrictions.
A.
Pipe drains, pipe culverts, public utility lines and other facilities
encountered shall be protected by the permittee, who shall be liable
for any damage thereto.
B.
Work authorized by a permit shall be performed between the hours
of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless permittee
obtains written consent from the Public Works Director to do the work
at an earlier or later hour. Such permission shall be granted only
in the case of an emergency.
C.
In granting any permit, the Public Works Director may attach such
other conditions thereto as may be reasonably necessary to prevent
damage to public or private property or to prevent the operation from
being conducted in a manner hazardous to life or property or in a
manner likely to create a nuisance.
2.
Backfilling and Restoring Opening.
A.
The permittee shall give 48 hours' notice of intention to open,
and close the excavation, and of its intention to cut into the sanitary
sewer line.
B.
The Public Works Director or his authorized representative shall
make daily inspections of all work authorized by a permit.
C.
Permittee shall not close the opening without the required inspections
by the Public Works Director or his authorized representative and
the Allegheny County Health Department, if required.
[Ord. 630, 1/16/1991, Art. 5; as amended by Ord. 752, 1/17/2012]
Each applicant, upon the receipt of a permit, shall provide
the Borough with an acceptable certificate of insurance indicating
that he is insured against claims for damages for personal injury
as well as against claims for property damage which may arise from
or out of the performance of the work, whether such performance be
by himself, his subcontractor, or anyone directly or indirectly employed
by him. Such insurance shall cover collapse, explosive hazards and
underground work by equipment on the street, and shall include protection
against liability arising from completed operations. The amount of
insurance shall be prescribed by the Public Works Director in accordance
with the nature or the risk involved; provided, however, that the
liability insurance for bodily injury in effect shall not be in an
amount less that $100,000 for each person and $300,000 for each accident
and for property damages an amount not less than $50,000, with an
aggregate of $100,000 for all accidents.
[Ord. 630, 1/16/1991, Art. 6; as amended by Ord. 752, 1/17/2012]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to a fine
of not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
