[Adopted 12-11-1979 by Ord. No. 79-6]
Unless the context specifically and clearly
indicates otherwise, the meaning of terms and phrases used in this
article shall be as follows:
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
The Commonwealth of Pennsylvania.
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.
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.
Any and all wastes discharged from an industrial establishment,
other than sanitary sewage.
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity.
Normal water-carried household and toilet wastes from any
improved property.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
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.
Includes any street, highway, road, lane, court, cul-de-sac,
alley, public way or public square.
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.
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.
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.
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.
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.
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]
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.
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.
