The purpose of this article is to establish procedures for the installation, use and maintenance of sewage grinder pumps and any associated force mains or low-pressure laterals. It is hereby declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of West Brandywine Township.
When applicable, the connection of existing properties or a proposed new land development to an existing or proposed sewer system shall occur only after an official plan revision to the Township's Act 537 Plan, approved by both the Township and DEP.
The Township and the Authority are hereby authorized and empowered to adopt such rules and regulations concerning the use and maintenance of grinder pump systems which they may deem necessary from time to time to effect the purposes herein. The Township and the Authority are hereby authorized and empowered to take such other actions as are necessary, including, but not limited to, requiring property owners to enter an agreement with the Township and/or the Authority to assure proper operation and maintenance of grinder pump systems.
A. 
The Township shall exercise its powers and legal authority set forth herein, and under all applicable statutes, ordinances, and other laws, to effect the purposes of this article.
B. 
The Township shall enter into an agreement with each property owner who proposes to install or who has installed a grinder pump system to assure the short- and long-term operation and maintenance, use, service, repair or replacement of such system. The agreement shall be in a form acceptable to the Township Solicitor and shall be recorded in the Office of the Recorder of Deeds in Chester County, Pennsylvania, prior to the issuance of a building sewer permit to connect the property to the Township's Municipal Authority's sewage collection and conveyance system. The agreement shall specify that the property owner is responsible for the short- and long-term operation and maintenance, use, service, repair or replacement of the grinder pump system. The agreement shall provide that if the property owner fails to adequately maintain the grinder pump system, the Township may enter the property served by such system and maintain the same at the sole cost and expense of the property owner. All of the Township's costs to maintain the grinder pump system, including administrative fees and legal fees, shall constitute a lien against the property until paid.
C. 
All grinder pump systems (and the installation, use, operation, maintenance, service, repair and replacement thereof) shall comply with the rules and regulations of the Township and the Authority which are then in effect.
D. 
The Authority shall provide the pressure sewer design condition to the applicant or its agent. The grinder pump system shall be designed for compliance with the prevailing International Plumbing Code. Where a permit from DEP is required, the applicant shall submit the system and design calculations to the Authority for review prior making application to the DEP for a permit. The aforementioned documentation shall be submitted to the Township prior to building sewer permit approval.
E. 
The Township or its designated agent shall inspect and approve the installation of the grinder pump system prior to it being covered, backfilled or concealed.
F. 
The Township and the Authority shall bear no responsibility for the purchase, installation, use, operation, maintenance, service, repair, or replacement of the grinder pump system, except as otherwise set forth herein.
A. 
Each property owner of a property served by a grinder pump system shall bear full responsibility for providing, installing, using, operating, maintaining, servicing, repairing and replacing his/her grinder pump system.
B. 
Each property owner of a property served by a grinder pump system shall enter into an agreement with the Township which imposes upon the property owner the duty of operating and maintaining the grinder pump system as further described in § 148-19B.
C. 
Each property owner of a property served by a grinder pump system shall have full responsibility for using the pump consistent with the manufacturer's instructions and shall avoid introducing into the Township's sewer collection system materials that may damage the pump, including, but not limited to, items designated as biodegradable in septic tanks.
D. 
If a property is using an on-lot septic system prior to the installation of the grinder pump system and connection to public sewer, the property owner shall within 90 days after connection to the public sewer decommission the existing on-lot system.
E. 
Each property owner of a property which is served by a grinder pump system shall immediately notify the Township of any alarm or other notification that the grinder pump system is malfunctioning. If the grinder pump system malfunctions or fails to operate as designed, the property owner shall immediately cease all operations of the grinder pump until it is repaired and/or replaced.
F. 
In the case where a grinder pump system requires property easement(s) from additional parcels to facilitate connection to the Municipal Authority's public sewer system, all declarations and covenants shall be in form acceptable to the Township Solicitor and recorded at the Chester County Recorder of Deeds Office prior to the issuance of a building sewer permit by the Township.
In addition to any other remedies provided in this article, any violation of § 148-20 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.