Township of Lower Frederick, PA Article I Connections and Use

[Adopted 12-11-1979 by Ord. No. 79-6]

§ 123-1 Definitions.

Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:

BUILDING SEWER

The extension from the sewage drainage system of any structure to the lateral of a sewer.

COMMONWEALTH

The Commonwealth of Pennsylvania.

IMPROVED PROPERTY

Any property within this 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 sanitary sewage and/or industrial waste shall be or may be discharged.

INDUSTRIAL ESTABLISHMENT

Any improved property located in this Township used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any other improved property located in this Township from which wastes, in addition to or other than sanitary sewage, shall be discharged.

INDUSTRIAL WASTES

Any and all wastes discharged from an industrial establishment, other than sanitary sewage.

LATERAL

That part of the sewer system extending from a sewer to the curbline or, if there shall be no curbline, to the property line or, if no such lateral shall be provided, then "lateral" shall mean that portion of, or place in, a sewer which is provided for connection of any building sewer.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any improved property.

PERSON

Any individual, partnership, company, association, society, trust, corporation or other group or entity.

SANITARY SEWAGE

Normal water-carried household and toilet wastes from any improved property.

SEWER

Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.

SEWER SYSTEM

All facilities, as of any particular time, for collecting, pumping, transporting, and disposing of sanitary sewage and/or industrial wastes, for rendering sewage service in and for this Township and owned by the Township.

STREET

Includes any street, highway, road, lane, court, cul-de-sac, alley, public way or public square.

TOWNSHIP

The Township of Lower Frederick, Montgomery County, Pennsylvania, a second class township municipal subdivision of the commonwealth, acting by and through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.

§ 123-2 Use of public sewers required.

A. The owner of any improved property abutting on or adjoining any street in which a sewer constituting part of the sewer system is located shall connect such improved property with such sewer, in such manner as this Township may require, within 60 days after notice to such owner from this Township to make such connection for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township from time to time.

B. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under Subsection A, shall be conducted into a sewer, subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township, from time to time.

C. Prohibited deposit or discharge.

(1) No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within this Township any sanitary sewage or industrial wastes in violation of Subsection A.

(2) No person shall discharge or shall permit to be discharged to any natural outlet within this Township any sanitary sewage or industrial wastes in violation of Subsection A, except where suitable treatment has been provided which is satisfactory to this Township.

D. Privy vaults, cesspools, sinkholes, septic tanks or similar receptacles.

(1) No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection A to be connected to a sewer.

(2) Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned, shall be pumped clean by a registered septic hauler and shall be filled at the expense of the owner of such improved property, under the direction and supervision of this Township, and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and not cleansed and filled shall constitute a nuisance, and such nuisance may be abated, as provided by law, at the expense of the owner of such improved property.

[Amended 2-3-1998 by Ord. No. 98-2]

E. No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer. New connections shall be constructed in accordance with applicable Township sewer specifications and shall be installed from the sanitary sewer lateral to the existing foundation wall of the serviced building.

[Amended 2-3-1998 by Ord. No. 98-2]

F. The notice by this Township to make a connection to a sewer, referred to in Subsection A, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section thereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be given at any time when a sewer is in place which can receive and can convey sanitary sewer and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as may be provided, from time to time, by laws of the commonwealth.

§ 123-3 Building sewers and connections.

A. No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any sewer or any part of the sewer system without first obtaining approval from the Board of Supervisors, and a permit, in writing, from the Township.

[Amended 7-2-2019 by Ord. No. 1-2019]

B. Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.

C. No person shall make or shall cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions:

(1) Such person shall have notified the Secretary of this Township of the desire and intention to connect such improved property to a sewer.

(2) Such person shall have applied for and shall have obtained a permit as required by Subsection A.

(3) Such person shall have given the Secretary of this Township at least 24 hours' notice of the time when such connection will be made so that this Township may supervise and inspect the work of connection and necessary testing.

(4) Such person shall have furnished satisfactory evidence to the Secretary of this Township that any tapping (or connection) fee charged and imposed by the Schwenksville Borough Authority or the Township against the owner of each improved property who connects such improved property to a sewer has been paid.

[Amended 7-2-2019 by Ord. No. 1-2019]

D. Except as otherwise provided in this Subsection D, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of this Township, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by this Township.

E. All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and shall save harmless this Township from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to a sewer.

F. Connection of building sewer.

(1) A building sewer shall be connected to a sewer at the place designated by this Township and where, if applicable, the lateral is provided.

(2) The invert of a building sewer at the point of connection shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made and the connection of a building sewer to the lateral shall be made secure and watertight.

G. If the owner of any improved property abutting on or adjoining any street in which a sewer constituting part of the sewer system is located, after 60 days' notice from this Township requiring the connection of such improved property with a sewer, in accordance with § 123-2A, shall fail to connect such improved property, as required, this Township may make such connection and may collect from such owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.

§ 123-4 Rules and regulations.

A. Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or sewage disposal device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or sewage disposal device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer.

B. No building sewer shall be covered until it has been inspected and approved by this Township. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection, at the cost and expense of the owner of the improved property to be connected to a sewer.

C. Every building sewer of any improved property shall be maintained in a sanitary, safe operating condition by the owner of such improved property.

D. Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk and other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this Township.

E. If any person shall fail or shall refuse, upon receipt of a notice of this Township in writing, to remedy any unsatisfactory condition with respect to a building sewer, within 60 days of receipt of such notice, this Township may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of this Township.

F. This Township reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and with the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this article.[1]

[1] Editor's Note: See the additional rules and regulations adopted as an addendum to this ordinance 12-11-1979 by Ord. No. 79-6A, which is included at the end of this chapter.

§ 123-5 Violations and penalties.

A. Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $15 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Fines and costs imposed under provisions of this article shall be enforceable and recoverable in the manner at the time provided by applicable law.

§ 123-6 Declaration of purpose.

It is declared that enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Township.