[Adopted 3-10-1977 as Ord. No. XXXI]
For the purpose of this article, the following terms shall have the meaning indicated:
BOARD
The Board of Supervisors of Mount Joy Township, Lancaster County, Pennsylvania.
DEVELOPER
A person or his authorized agent for whom subdivision or land development plans are being or have been made or for whom the planning module for land development as required by the Department of Environmental Protection of the Commonwealth of Pennsylvania is being or has been prepared.
[Amended 3-18-2013 by Ord. No. 280-2013]
LAND DEVELOPMENT
Any activity defined as a land development within Chapter 119, Subdivision and Land Development.
[Amended 6-12-1989 by Ord. No. CVII; 3-18-2013 by Ord. No. 280-2013]
OFFICIAL SEWAGE PLAN
A comprehensive plan for the provision of adequate sewage systems adopted by the Township of Mount Joy and submitted to and approved by the State Department of Environmental Protection as provided by the Pennsylvania Sewage Facilities Act[1] and the provisions of Chapter 71 of Title 25 of the Pennsylvania Code.
[Amended 3-18-2013 by Ord. No. 280-2013]
PLANNING MODULE FOR LAND DEVELOPMENT
A form provided by the Department of Environmental Protection of the Commonwealth of Pennsylvania for new subdivisions to be prepared by the person subdividing or developing the tract or by any other person pertaining to revisions or supplements to the Township's Official Sewage Plan which requires the Township's acceptance and submission to said Department of Environmental Protection.
[Amended 3-18-2013 by Ord. No. 280-2013]
PRINCIPAL BUILDING
A. 
A structure enclosed within exterior walls or fire walls; built, erected and framed of component structural parts; and designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind.
B. 
Main structure on a given lot.
SANITARY SEWERAGE FACILITIES
All structures and appurtenances for the provision of sanitary sewerage service to two or more lots or a land development, including, but not necessarily limited to, sanitary sewers, both collector and interceptor sewers, pumping stations, force mains and sewage treatment plants.
SUBDIVISION
Any activity defined as a subdivision within Chapter 119, Subdivision and Land Development.
[Amended 3-18-2013 by Ord. No. 280-2013]
TOWNSHIP
The Township of Mount Joy, Lancaster County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
The Board may, as a condition to the approval of a land development or subdivision, the acceptance of a planning module for land development or the adoption of a revision or supplement to the Township's Official Sewage Plan, the issuance of a permit by the Township's Sewage Enforcement Officer to install the second or subsequent individual or community sewage system in a subdivision or the issuance of a permit by the Township's Zoning Officer to construct or erect any principal building in a subdivision or land development, require sanitary sewerage facilities to be planned and constructed by a developer under the circumstances and in the manner hereinafter set forth.
[Amended 6-12-1989 by Ord. No. CVII]
Where public sanitary sewerage facilities are within 3,000 feet of or where construction plans approved by the Township or any municipal authority created by the Township provide for the installation of such public sanitary sewerage facilities to within 3,000 feet of a proposed subdivision or land development and where, in the Township's opinion, it is practicable, the developer shall provide the subdivision or land development with complete sanitary sewerage facilities which shall be connected to the existing or proposed sanitary sewerage facilities at the expense of the developer and in accordance with the Township's design and construction requirements and the requirements of any municipality authority created by the Township.
A. 
If public sanitary sewerage facilities are not available within 3,000 feet of a proposed subdivision or land development or if a connection thereto is not deemed by said Township to be practicable in accordance with § 100-21 hereof, then in either such case, if said Township is of the opinion that such sanitary sewerage facilities will become available within a reasonable time, the developer shall be required to install a system of sanitary sewers in accordance with the Township's design and construction requirements and the requirements of any municipality authority created by the Township, together with all necessary laterals extending from the main sewer to the property right-of-way line, and the termini of all such sewers and laterals shall be capped by the developer pending the availability of a public sanitary sewer system to which they can be connected.
[Amended 6-12-1989 by Ord. No. CVII]
B. 
Whenever capped sewers are required by Subsection A of this section, the lateral shall be so installed as to avoid placing house connections under any paved areas or driveways, and all of the sewers and laterals shall be installed before the streets shown on the subdivision or land development plan are constructed.
The Board, when determining whether or not the installation of sanitary sewerage facilities is practicable, shall consider all relevant factors, including the topography of land, the proximity of the subdivision or land development to existing or proposed public sanitary sewerage facilities, the projected date for the construction of proposed public sanitary sewerage facilities and whether the installation can be effected without prohibitive expense or undue hardship. The Board may require a developer to submit such additional information as it reasonably needs to determine the practicability of installing sanitary sewerage facilities in a subdivision or land development.
Security satisfactory to the Board shall be furnished by the developer to guarantee completion of all improvements and installations required by this article and to guarantee payment of all engineering services required by this article.
The Board shall appoint an engineer or engineering firm having experience and a favorable repute in the field of public sanitary waste water engineering, appropriately licensed by the Commonwealth of Pennsylvania, to review the design of and inspect the construction of all sanitary sewerage facilities to be constructed by the developer in order to give assurance that said sewerage works will coordinate and have congruity with the Township's Official Sewage Plan. After review of the design, said engineer or engineering firm will recommend the action to be taken by the Board. The design of such sanitary sewerage facilities must be approved by the Board prior to beginning the construction thereof.
The costs of engineering services which are rendered for the review of design and inspection of construction shall be paid by the developer. The costs for services shall be in accordance with said engineer's or said engineering firm's standard per diem rates. The procedure for payment will be decided upon among the Board, the engineer and the developer prior to the beginning of work by the engineer or engineering firm.
It shall be deemed a violation of this article for any developer to fail to refuse to install sanitary sewerage facilities in a subdivision or land development in the manner which the Board shall direct pursuant to the terms of this article.
[Amended 6-12-1989 by Ord. No. CVII]
Any person who shall violate any of the provisions of this article shall, upon conviction thereby, by summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $600 and the costs of prosecution, which fine may be collected by suit or summary proceeding brought in the name of the Township of Mount Joy before any District Justice. Upon judgment against any person by summary conviction or by proceedings by summons on default of the payment of the fine imposed and the costs, the defendant may be sentenced and committed to the Lancaster County Prison for a period not exceeding 30 days.
In addition to the remedies provided in § 100-28 above, any continued violations of this article may be abated by proceeding against the violator in a court of equity for relief.