[Adopted 12-4-2017 by Ord. No. 137]
This article is enacted to govern sewer service for Township
properties located within the service area of the East Berlin Area
Joint Authority. Properties located within the service area, as delineated
on the Township's Official Sewage Facilities Plan (Act 537 Plan)
shall be subject to the provisions of this article.
The following words and/or phrases, as used in this article,
shall have the following meanings:
A structure containing more than one domestic establishment,
not classified as a single-family detached or attached structure.
The East Berlin Area Joint Authority, a municipality authority
organized under the Municipality Authorities Act, as amended, 53 Pa.C.S.A.
§ 5601 et seq.
That part of the main horizontal drain and its branches inside
the walls of the building, vault or area extending to and connecting
with the house sewer.
Any improved property used, in whole or in part, for the
sale, storage and/or distribution of any product, commodity, article
or service.
The party obtaining sewer service to a property as hereinafter
classified:
A building under one roof and occupied by one family or business.
For the purpose of this article, a motel or hotel shall qualify as
a single business, provided that no guest, customer or user shall
remain upon the premises any one period in excess of six months.
A combination of buildings in one common enclosure, occupied
by one family or business.
One side of a double house, occupied by one family or business,
having a solid vertical partition wall.
One side or part of a house, occupied by one family or business,
even though the water closet and/or other fixtures may be used in
common.
Each apartment in a building having more than one apartment.
Each apartment, office or business in a building having a number
of apartments and/or offices and/or businesses.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to make a subdivision
of land or a land development. The words "subdivider" or "builder"
are construed to mean the same as "developer" when used herein.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A subdivision of land into lots for the purpose of conveying
such lots singly or in groups to any person, partnership or corporation
for the purpose of the erection of buildings by such persons, partnership
or corporation;
Any man-made change to improved or unimproved real estate, including
but not limited to buildings, mobile homes, or other structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations.
Any room, group of rooms, house trailer or other enclosure
occupied or intended for occupancy as separate living quarters with
separate cooking facilities by a family or other group of persons
living together or by a person living alone.
That part of the main house drain or sewer extending from
a point five feet outside of the inner face of the outer walls of
a building, vault or area to its connection with the lateral.
Any property on which there is erected a structure intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and/or from which structure sanitary sewage and/or industrial
wastes are or may be discharged.
Any improved property or premises used or intended for use
wholly or in part for the manufacturing, processing, cleaning, laundering
or assembling of any product, commodity or article, or from which
wastes, in addition to and other than sanitary sewage, shall be discharged.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land. The word "owner"
means the same as "landowner" and may be used interchangeably. As
used in this article, "landowner" and "owner" shall mean only those
owners of property situated within the service area of the Authority.
That part of the sewer system extending from a public or
private main sewer to the curbline or property line if there is no
curb.
Any improved property or portions thereof not classified
as a domestic establishment.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority or other group
or entity.
Normal water-carried household and toilet wastes from any
improved property.
That portion of the Township delineated on the Township Sewage
Facilities Plan as served or to be served by the East Berlin Area
Joint Authority.
The Township of Hamilton, Adams County, Pennsylvania.
Sanitary sewage and other wastes discharged from any improved
property, excepting groundwater, stormwater, runoff, and waters resulting
from precipitation.
Any pipe or conduit constituting a part of the system used
or usable for sewage collection purposes and connected to or owned
by the East Berlin Area Joint Authority.
All facilities, as of any particular time, for collecting,
pumping, transmitting, treating and disposing of sanitary sewage and/or
industrial wastes, situated in the service, and owned by the East
Berlin Area Joint Authority.
Before service is initiated, the property owner requiring such
service shall make written application for service on a form to be
provided by the Authority and shall be subject to the rules and regulations
of the Authority.
A.
No connection or disconnection shall be made to or from the wastewater
system except under the supervision, control and approval of the Authority's
authorized representative.
B.
No repairs, alterations or additions to any house sewer or lateral
connected to the wastewater system shall be made until an application
is on file and a permit is issued by the Authority.
C.
Notwithstanding Section 6 of the resolution of the Authority, no
improved property within Hamilton Township within the service area
of the Authority, as defined in this article and existing on the date
of enactment of this article, shall be required to connect to the
wastewater system unless the Township finds that the property has
a malfunctioning on-lot sewer system that cannot be repaired or replaced.
Upon notice from the Township to an affected property owner, the owner
shall apply to the Authority for connection to the sewer system as
provided in this article, paying all fees and costs required. Connection
shall be made as promptly as possible, but in no case more than 90
days after notice from the Township, unless the Authority finds that
a longer period is warranted. Existing property owners within the
service area of the Authority with functioning on-lot sewer systems
may elect to connect to the sewer system, provided that, if such connection
is made, the use of the on-lot system must be permanently discontinued.
D.
No new on-lot sewer systems may be constructed on properties where
any portion of the property line lies within 200 feet of an existing
Authority sewer line. All such new construction shall apply for and
obtain a connection permit from the Authority. New construction lying
outside of the 200-foot distance may elect to connect to the Authority's
sewer system by applying for a connection or, when necessary, an extension
of the sewer main as provided in the Authority's ordinance. In
the event that the Authority is not able to issue a connection permit
for new improvement because of a lack of sewer capacity or for other
reason, the owner may apply to the Township for a permit to construct
an on-lot sewer system. In such a case, the property owner shall not
be required to connect to the Authority's sewer system unless
the on-lot system is determined to be failing and no replacement or
repair is possible.
When application has been received for wastewater system service
requiring improvements to or extension of the wastewater system, the
property owner shall comply with the financial security requirements
of the Authority.
Property owners connected to the Authority's wastewater
system shall pay to the Authority all required rates and connection
fees according to the rules and regulations set by the Authority.
Except as otherwise provided in this article, the Township adopts
the rules and regulations of the Authority as they pertain to connection
to and use of the sewer system by properties within the Authority's
sewer service area.
A.
Discharges restricted. No owner of property shall be permitted to
discharge into the wastewater system any stormwater drainage, sump
pump discharge, groundwater, subsurface drainage or roof runoff.
B.
The East Berlin Area Joint Authority is delegated as the agent of
the Township for matters concerning the connection to and use of the
wastewater system within the service area of the Authority, provided
that matters related to on-lot sewer systems shall be governed by
the ordinances of the Township. The Authority may prosecute violations
of this article, including violations of the rules and regulations
of the Authority, in the name of the Township, or may refer such matters
to the Township for prosecution. All civil penalties and fines collected
from such prosecution shall be remitted to the Township.
The provisions of this article are severable, and if any of
its provisions shall be held to be unlawful such unlawfulness shall
not affect or impair any of the remaining provisions of the Ordinance.
It is hereby declared to be the legislative intent of the Supervisors
of Hamilton Township that this article would have been adopted had
any such unlawful provision not been included herein.
A.
Civil penalty. Any person violating any provision of this article,
including but not limited to any provision of an applicable Authority
rule or regulation, shall be subject to a civil penalty not to exceed
$600.
B.
Summary offense. Any person violating any provision of this article
shall, upon conviction before a District Justice for each such violation,
be sentenced to pay a fine of not less than $250 nor more than $1,000,
plus costs of prosecution.
C.
Each day that a violation occurs shall be a separate offense subject
to the civil penalties and summary offense provisions of this article.
D.
In appropriate cases, the Township or the Authority may proceed in
equity in the Court of Common Pleas to restrain, prevent, or correct
any violation of this article or of the Authority's rules and
regulations.
The rules and regulations regarding reservation of sewer system capacity adopted by the Authority shall govern the reservation of capacity for new land development within the Authority service area. Modules for amendment of the Township's Official Sewage Facilities Plan for properties within the service area to be served by the wastewater system shall include documentation that the developer has complied with those rules and obtained a reservation of capacity in the Authority's sewer system. If the Authority cannot reserve adequate capacity for a new land development within the Authority's service area, the landowner may apply for construction of an on-lot sewer system pursuant to the provisions of Chapter 103, Article IV, of the Township Ordinances.
