[Adopted 3-10-1977 as Ord. No. XXXI]
For the purpose of this article, the following
terms shall have the meaning indicated:
The Board of Supervisors of Mount Joy Township, Lancaster
County, Pennsylvania.
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]
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]
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]
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]
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.
Any activity defined as a subdivision within Chapter 119, Subdivision and Land Development.
[Amended 3-18-2013 by Ord. No. 280-2013]
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.
