[HISTORY: Adopted by the Township Council of the Township of Mount
Holly 7-7-1980 as Sec. 12-8 of Ch. XII of the Revised General Ordinances.
Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 227.
It is hereby found and declared that by reason of the discharge of drainage
from sump pumps into side yards and onto public streets and sidewalks there
has been and in the future will be created dangerous conditions, including
the splashing of pedestrians, ice on streets and sidewalks and stagnant water
pools which form a breeding ground for mosquitoes and other pests, all of
which constitute a menace to the health, safety, morals, welfare and reasonable
comfort of the citizens and inhabitants of the Township. It is further found
and declared that by reason of the regulations and restrictions contained
herein, these conditions will be alleviated and the public health, safety
and welfare protected and fostered.
The purpose of this chapter is to protect the public health, safety,
morals and welfare by establishing certain regulations and restrictions concerning
the discharging of sump pumps; to authorize and establish procedures for the
abatement of dangerous conditions created by such discharge; and to fix notice
provisions and penalties for the violation of this chapter. This chapter is
hereby declared to be remedial and essential for the public interest, and
it is intended that this chapter be liberally construed to effectuate the
purposes as stated.
As used in this chapter, the following terms shall have the meanings
indicated:
Any material such as but not limited to sand, rock salt, salt, commonly
used to provide traction on icy surfaces and/or to melt the icy surface.
A man-made condition of the land constructed for the purpose of receiving
and transporting surface water runoff. Concave depressions or slopes forming
street gutters along curbs shall be considered "established watercourses."
A natural condition of the land which serves as a runoff for surface
waters.
The Plumbing Subcode Official of the Township of Mount Holly.
Any person who, alone or jointly or severally with others, shall
have legal or equitable title to any premises, with or without accompanying
actual possession thereof, from which a sump pump is being discharged.
Any device, whether activated by motor, engine or gravitational feed,
whereby accumulations of water are moved from the area of accumulation to
another area.
That part of the sump pump piping through which the effluents are
carried to their discharge point.
This chapter is applicable to all sump pump discharging, whether by
private person or public entity and whether discharged from private or public
property.
A.
Notwithstanding compliance with § 244-5 wherever sump pump discharge causes an icy condition on either a sidewalk or street, the property owner must:
B.
The property owner must modify and correct any sump pump
drain which is so situated as to prevent the safe passage along any street
or walkway by the average person.
A.
Prior to making any installation for sump pump discharge,
plans shall be submitted, in writing, to the Plumbing Inspector.
B.
In the case of nonestablished watercourses, the Plumbing
Inspector shall make a determination of the nonavailability of such courses
based on the following determinations:
C.
All sump pump piping shall be subject to inspection by
the Plumbing Inspector.
D.
An appeal from a decision of the Plumbing Inspector denying
application for or prohibiting the existing use of a sump pump discharge installation
shall be made by giving notice, in writing, to the Township Clerk within 10
days of the order by the Plumbing Inspector, but the order shall remain in
effect pending the resolution of the appeal. The notice shall be accompanied
by a copy of the application which was denied and a statement of the reason
the appellant feels the decision of the Plumbing Inspector was improper.
A.
Upon receipt of a notice of appeal from a decision of
the Plumbing Inspector, the Township Clerk shall schedule a hearing before
the Township Council to determine the appeal.
B.
The hearing before the Township Council shall be scheduled
no less than 10 nor more than 45 days from the date of receipt of the notice
of appeal.
C.
Notice of the time, date and place for said hearing shall
be given to the applicant at least eight days prior to the date set for said
hearing.
D.
At the hearing on the appeal, the applicant shall present
evidence indicating the type of sump pump installation he proposes for his
premises and why the action of the Plumbing Inspector was improper in denying
the application for the proposed installation. The Plumbing Inspector shall
then present his reasons denying said application. After hearing said evidence,
the Township Council may make its decision on said appeal or adjourn the matter
for the submission of further evidence that it may deem necessary before making
its decision. A decision shall be rendered, in writing, to the appellant after
all evidence has been received and considered.
A.
Any person who shall violate any of the provisions of
this chapter or fail to comply therewith or who shall violate or fail to comply
with any order made thereunder shall severally, for each and every violation
and/or act of noncompliance, be guilty of violating this chapter and be subject
to a fine not to exceed $1,000 or imprisonment for a term of not more than
90 days, or both.
[Amended 6-22-1992 by Ord.
No. 1992-5]
B.
The imposition of one penalty for any violation shall
not excuse the violation or permit it to continue.
C.
Each five days that prohibited conditions are maintained
shall constitute a separate offense.
D.
The application of the above penalty shall not be held
to prevent the enforced removal of prohibited conditions.
