[Adopted 5-21-2007 by Ord. No. 2007-03]
[1]
Editor's Note: Former Part 3, Sewer Connections,
adopted 4-19-1967 by Ord. No. 67-5, was repealed 6-15-1987 by Ord.
No. 87-6.
A.
ACT 537 PLAN
DEPARTMENT
GRINDER PUMP
IMPROVED PROPERTY
OFFICIAL PLAN REVISION
(1)
(2)
(3)
(4)
PROPERTY OWNER
SEWAGE
Definitions. Unless the context specifically and clearly
indicates otherwise, the meanings of terms used in this Part 3 shall
be as follows:
A municipality's official plan as defined in the Pennsylvania
Sewage Facilities Act, Act of January 24, 1966, P.L. 1535 (1965),
No. 537, as amended, 35 P.S. §§ 750.1 through 750.20a
("Sewage Facilities Act" or "Act 537").
The Pennsylvania Department of Environmental Protection.
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.
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.
A change in the Municipality'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, which may include one or more of the following:
UPDATE REVISIONA comprehensive revision to an existing official plan required when the Department or municipality determines the official plan or one or more of its parts is inadequate for the existing or future sewage facilities needs of a municipality or its residents or landowners.
SPECIAL STUDYA study, survey, investigation, inquiry, research report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.
REVISION FOR NEW LAND DEVELOPMENTA revision to a municipality's official plan resulting from a proposed subdivision as defined in the Act.
SPECIAL STUDYA study, survey, investigation, inquiry, research report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
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 Streams Law, 35 P.S. §§ 691.1
through 691.1001, as amended.
B.
Planning requirements. The connection of existing
properties or proposed new land development to an existing or proposed
sewerage system through the use of sewage grinder pumps, and any of
their associated force mains, or low-pressure laterals to an existing
sewerage system shall occur only after an official plan revision to
the Township's Act 537 Plan, approved by both the Township and Department,
that designates the proposed properties be served by such a connection.
C.
Powers of the Township.
(1)
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 effect the purposes herein.
(2)
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 assure 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.
D.
Duties and responsibilities of the Township.
(1)
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 Part 3.
(2)
The Township may enter into an agreement with
each property owner proposing to install or who has installed a sewage
grinder pump or low-pressure sewage system to assure the short- and
long-term operation and maintenance, use, service, repair or replacement
of such systems.
(3)
All grinder pumps and low-pressure sewer systems
(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.
(4)
All grinder pumps and low-pressure sewer systems
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.
(5)
The Township shall bear no responsibility for
the purchase, installation, use, operation, repair, maintenance, service,
repair or replacement of the grinder pump and/or its low-pressure
force main or lateral, except as otherwise set forth herein.
E.
Duties and responsibilities of others.
(1)
Each property owner served by a grinder pump
shall bear full responsibility for providing, installing, using, operating,
maintaining, servicing, repairing and replacing his/her grinder pump
and/or its low-pressure force main or lateral, unless otherwise set
forth herein.
(2)
Each property owner served by a grinder pump
shall have full responsibility for using the pump consistent with
the manufacturer's instructions and shall avoid introducing into the
sewerage system materials that may damage the impellers on the pump,
including, but not limited to, items designated as not biodegradable
in septic tanks.
(3)
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 system serving a property
is inoperable for more than two days.
(4)
Where low-pressure force main or 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 benefitted property owner
with respect to the installation, operation, use and maintenance,
service, repair and replacement of the low-pressure sewer system,
which agreement shall bind all future property owners. Following the
approval of the low-pressure system 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 recording of deeds of Montgomery County, Pennsylvania.
F.
Abatement of nuisances. In addition to any other remedies provided in this Part 3, any violation of Subsections D and E above shall constitute a nuisance and shall be abated by the Township by seeking either mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
G.
Rules and regulations to be in conformity with applicable
law. All such rules and regulations adopted by the Township to effectuate
this Part 3 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.
H.
Penalties.[1]
(1)
Any person or persons, firm or corporation who
shall violate any of the provisions of this Part 3, upon conviction
thereof, shall be liable to pay a fine or penalty not to exceed $1,000
plus costs of prosecution for each and every offense. All fines and
penalties imposed by this Part 3 are recoverable by summary proceedings
before the Magisterial District Judge, and all suits or actions at
law instituted for the recovery thereof are to be in the name and
for the use of Upper Gwynedd Township, against which the offenses
are committed. In default of payment of any fine or penalty imposed
by any Magisterial District Judge under the provisions of this Part
3, the person or persons so offending may be committed to the Montgomery
County Prison for a period not exceed 30 days.
(2)
Each day a violation is committed shall constitute
a separate offense and shall be punishable as such hereunder.
(3)
This section shall not preclude the Township
from any other remedy it may have at law or equity.
