No unauthorized person shall uncover, make any connection with
or opening into, use, alter or disturb any part of the public sewage
system or any appurtenance thereto without first obtaining a permit
from the Township.
A. Certificates of permit. It shall be unlawful for any person to construct,
repair or install sewer connections to the Township's public sewage
system unless such person is a holder of a certificate of permit issued
by the Township through its designated agent, and the work is to be
performed by a plumber or firm licensed by the Township to do plumbing
work. The Township shall renew permits upon the expiration of the
existing permit when authorized by Township regulations.
B. Capacity permits. A capacity permit shall assign a given quantity
of sewage capacity, which shall be a multiple of EDUs calculated in
accordance with this part, to a particular property or use. Every
use shall require, at a minimum, one EDU of capacity. No capacity
permit shall be issued without the payment of the applicable tapping
fee for such capacity.
(1) Agreements for capacity permits. Capacity permits shall not be issued
with regard to properties requiring Township subdivision approval
and Department of Environmental Protection planning module approval
until an agreement between the property owner and the Township has
been executed and delivered. No agreement for the provision of sewer
service shall be executed without the issuance of the requisite number
of capacity permits and payment of the applicable tapping fees. Such
an agreement shall always contain provisions, in form and substance
satisfactory to the Township, requiring the following:
(a)
A right-of-way agreement in form and substance satisfactory
to the Township.
(b)
An escrow agreement in form and substance satisfactory to the
Township.
(c)
A provision allowing, but not compelling, the Township to complete
development and installation of the sewers, in its discretion.
(d)
Provisions obligating the developer to pay all costs, including
but not limited to engineering costs and legal costs.
(e)
Provisions authorizing the cessation of work and indemnifying
and holding the Township harmless in the event of the issuance of
any citation precluding development by any governmental regulatory
body.
(f)
Provisions requiring that any new sewer extension shall be plugged
at the point of connection to the existing public sewage system until
the new sewer extension is determined to be acceptable for service
by the Township, and requiring that any water or debris accumulated
in the new sewer extension shall be removed to the satisfaction of
the Township prior to the removal of the plug.
(g)
Provisions obligating the developer to televise all sewers prior
to their transfer of ownership to the Township.
(h)
Provisions for testing and certification of sewers prior to
their transfer of ownership to the Township.
(i)
Provisions for the transfer of as-built drawings to the Township
upon completion of the construction of the sewer lines and laterals
and/or acceptance of flow by the Township, whichever occurs first.
(j)
Provisions recognizing the Township as the equitable owner of
the sewers until their satisfactory completion, and entitling the
Township to use such sewers to provide service and collect rentals
which it may charge for such service.
(k)
Provisions indemnifying and holding the Township harmless from
any and all obligations arising out of the developer's negligence
or defaults.
(m)
Provisions barring assignment of the development without the
Township's prior written approval.
(n)
Provisions specifying adjudication as the method and location
of dispute resolution.
(o)
Provisions for the dedication of completed lines to the Township.
(p)
Such other provisions as the Township may deem necessary and/or
the parties may agree upon.
(2) Assignment, transfer and sale of permits. Capacity permits shall
not be capable of being assigned, transferred or sold except as provided
for in this section. Owners of property may transfer capacity permits
which they have to other properties owned by the same party and located
within the jurisdictional confines of the Township's service area;
however, no transfer which would result in any particular property
having fewer units than in its base year, or, for proposed but uncompleted
developments, fewer units than the number of lots or units as set
forth in the final plans approved by the Township and recorded of
record, shall be allowed. Otherwise, units may only be assigned, sold
or transferred to the Township. The Township shall, upon written request
from a developer who has purchased capacity permits for a development,
which development is, subsequent to the execution of an agreement
with the Township, downsized, by action of an applicable governmental
body, or otherwise, accept the excess capacity permits for resale
on an as-requested basis, provided that said request is made and surrender
of the unit to the Township is completed within four years of the
initial issuance of the capacity permits. In the event a surrendered
unit is resold, the Township shall refund to the owner, placing the
unit with the Township for sale, the capacity fee which was paid by
the owner to the Township for the unit, less a per annum service charge
of $250 for each and every year that the unit was placed with the
Township for sale, commencing with the year in which the Township
receives written notice from the owner thereof of the desire to sell
such unit and ending with the year in which the unit is actually sold
by the Township. The Township shall maintain a chronological listing
of such units surrendered by owners and offer them for sale to prospective
purchasers on a first-in, first-out basis subject to the limitation
that the Township shall not allow such sales to exceed, on an annual
basis, 1/4 of the Township's sales of capacity. No payment shall be
due to the owner of a surrendered unit until and unless the unit is
actually sold and transferred and the proceeds of such sale have been
received by the Township. Thereafter, payment shall be made to the
owner by the Township within 60 days of the receipt of payment by
the Township. The Township shall hold such units for sale for five
years only.
(3) Renewal of permits. A renewal of a capacity permit shall extend the
period of time for physical connection of the unit to which it refers
for an additional period of one year. No permit shall be subject to
more than four renewals. At the expiration of a renewal period wherein
a renewal cannot again be issued or wherein renewal is not again sought,
the underlying permit giving rise to the renewal shall be considered
to be terminated without refund of any fees and charges theretofore
paid for same or for the renewal of same.
C. Connection permits. A connection permit shall authorize the physical
connection or continued connection of any single unit to the public
sewage system in accordance with the plan for same as approved by
the Township. Such permit shall allow such connection, subject to
the conditions that a capacity permit has theretofore been issued
for the unit, all necessary street lines and building sewers have
been completed, tested, inspected and approved, and all conditions
of the sewage agreement, if any, are satisfied. Physical connection
to the public sewage system shall occur within 90 days after the date
of issuance of the connection permit. Connection permits shall be
considered to run with the land. No property or use shall discharge
sewage to the public sewage system without a connection permit, nor
before the connection has been approved and certified by the Township
Engineer.
(1) No repair, alteration or installation shall be performed by any party
in or to any structure's sewer lines or internal plumbing in excess
of, or contrary to, the plan submitted with the permit application,
the Township's regulations, and as approved by the Township Engineer.
(2) Report of changed conditions. Each user shall notify the Township
of any planned significant changes to the user's operations or system
which might alter the nature, quality or volume of its wastewater
at least 15 days before the change.
(a)
The Township may require the user to submit such information
as may be deemed necessary to evaluate the changed condition, including
but not limited to the submission of an industrial discharge permit
application.
(b)
The Township may issue an industrial user permit or modify an
existing permit in response to the changed conditions or anticipated
changed conditions.
(c)
For purposes of this section, significant changes include, but
are not limited to, flow increases of 10% or greater, and/or the discharge
of any previously unreported pollutants.
D. Industrial/commercial user permit. All industrial and commercial
users proposing to connect to or discharge into the public sewage
system shall obtain an industrial user permit before connecting to
or contributing to the public sewage system any waste not considered
sanitary waste.
(1) Users required to obtain an industrial user permit shall complete
and file with the Township an application in the approved form accompanied
by the required fee as established by the Township from time to time.
Proposed new users shall apply at least 90 days prior to connecting
to, or contributing to, the public sewage system. In support of the
application, the user shall submit, in units and terms appropriate
for evaluation, the following information:
(a)
Name, address, and location (if different from the address);
(b)
S.I.C. number according to the standard industrial classification
manual, Bureau of the Budget, 1972, as amended from time to time;
(c)
Discharge constituents and characteristics, including but not
limited to those set forth herein, as determined by a reliable analytical
laboratory; a sampling analysis shall be performed in accordance with
the procedures established by the EPA pursuant to Section 304(g) of
the Act and contained in 40 CFR Part 136, as amended from time to
time;
(d)
Time and duration of contribution;
(e)
Average daily and peak wastewater flow rates, including daily,
monthly and seasonal variations, if any;
(f)
Site plans, floor plans, mechanical and plumbing plans and details
showing all sewers, sewer connections and appurtenances by size, location
and elevation;
(g)
Detailed descriptions of activities, facilities and plant processes
on the premises, including but not limited to all materials which
are or could be discharged;
(h)
When known, the nature and concentration of any pollutants in
the discharge which are limited by any Township, state or federal
pretreatment standards, and a statement regarding whether or not the
pretreatment standards are being met on a consistent basis, and, if
not, whether additional operation and maintenance and/or additional
pretreatment is required for the user to meet applicable pretreatment
standards;
(i)
If additional pretreatment and/or operation and maintenance
will be required to meet the pretreatment standards, the shortest
schedule by which the user will provide such additional pretreatment.
The completion date in such schedule shall not be later than the compliance
date established for the applicable pretreatment standard. The following
conditions shall apply to such schedule:
[1]
The schedule shall contain the increments of progress in the
form of dates for the commencement and completion of major events
leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contracts for major components, commencing
construction, completing construction, etc.).
[2]
No increment referred to in Subsection
D(1)(i) of this section shall exceed nine months.
[3]
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Township Engineer. The progress report shall include, at a
minimum: whether or not it complied with the increment of progress
to be met on such date and, if not, the date on which it expects to
comply with this increment of progress, the reason(s) for the delay,
and the steps being taken by the user to return the construction to
the schedule established. In no event shall more than nine months
elapse between successive progress reports to the Township Engineer.
(j)
Each product produced by type, amount, process or processes,
and rate of production;
(k)
Type and amount of raw materials processed (average and maximum
per day);
(l)
Number and type of employees, and hours of operation of plan,
and proposed or actual hours of operation of the pretreatment system;
(m)
Name, education and credentials of the proposed operator of
the pretreatment system;
(n)
Provisions for emergency notification in case of failure of
the pretreatment system, together with complete engineering details
of the monitoring and notification equipment to be employed, together
with installation schematics;
(o)
Details of an emergency preparedness plan setting forth the
steps to be taken by the user in the event of an improper discharge
of a toxic substance into the public sewage system, in order to prevent
pollution of the public sewage system;
(p)
Details of a slug control plan which, at a minimum, shall contain
discharge practices (including nonroutine batch discharges), detail
stored chemicals, and contain procedures for notifying the Township
immediately of slug discharges and preventing adverse impacts from
accidental spills.
(q)
Every categorical industrial user shall submit with its application
its baseline monitoring report (BMR). Said report shall, at a minimum,
identify the facility, indicate permits held, describe operations,
and contain flow and pollutant measurements. Said report shall be
signed and certified by an appropriate official of the user and by
a qualified professional. Said report shall contain the following:
[2]
Environmental permits held;
[3]
Description of operations;
[5]
Measurement of pollutants;
[6]
Certification by user of meeting pretreatment standards;
(r)
Other information the Township deems necessary to evaluate the
permit application. The Township shall evaluate the information furnished
by the user and may require additional information. After evaluation
and acceptance of the information furnished by the user, the Township
may issue an industrial user permit subject to terms and conditions
provided herein.
(2) Permit modifications. Within nine months of promulgation of a National
Categorical Pretreatment Standard, the industrial user permit of any
user to whom it is applicable shall be revised to require compliance
with such standard within the time frame prescribed by such standard.
Where a user subject to a National Categorical Pretreatment Standard
has not previously submitted an application for an industrial user
permit as required herein, the user shall apply for an industrial
user permit within 60 days after promulgation of the applicable National
Categorical Pretreatment Standard. In addition, the user with an existing
industrial user permit shall submit to the Township, within 90 days
after the promulgation of an applicable Federal Categorical Pretreatment
Standard, all information required herein.
(3) Permit conditions. Industrial user permits shall be expressly subject
to all provisions of this part and all other applicable regulations,
user charges and fees established by the Township. Permits may contain
the following:
(a)
The unit charge or schedule of user charges and fees for the
wastewater to be discharged to the public sewage system;
(b)
Limits on the average and instantaneous maximum wastewater constituents
and characteristics;
(c)
Limits on the average and instantaneous maximum rate and time
of discharge, or requirements for flow regulation and equalization;
(d)
Requirements for installation and maintenance of inspection
and sampling facilities;
(e)
Specifications for monitoring programs which may include but
shall not be limited to: sampling locations, frequency of sampling,
number, types and standards for tests, and reporting schedules;
(g)
Requirements for submission of technical reports or discharge
reports;
(h)
Requirements for maintaining and retaining plant records relating
to wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the public sewage system. Records of monitoring activities and results
shall be maintained and retained by the user for a period of not less
than three years. In the event of litigation concerning user discharges
in any forum, such records shall be maintained and retained by the
user until the conclusion of the litigation (issuance of a final nonappealable
or unappealed decree) or three years, whichever is longer;
(i)
Requirements for notification of slug discharges;
(j)
Other conditions as deemed appropriate by the Township to ensure
compliance with this part. The Township shall have the right to inspect
and copy, at any time and from time to time, and without further legal
enforcement, all records of monitoring, testing, sampling, treating
and discharging activities and results. Copies shall be made available
to the Township at the user's expense immediately upon demand;
(k)
Statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements;
(l)
A requirement that the user notify the Township within 24 hours
of becoming aware of any violation detected by sampling. Thereafter
the user will be required to resample and submit the results of the
resampling to the Township within 30 days of the date the user became
aware of the violation.
(4) Permit duration. Permits shall be issued for a specified time period,
not to exceed five years. A permit may be issued for a period of less
than one year or may be stated to expire on a specific date. The user
shall apply for permit reissuance a minimum of 180 days prior to the
expiration of the user's existing permit. The terms and conditions
of the permit may be subject to modification by the Township during
the term of the permit if limitations or requirements, as identified
herein, are modified, or for other just cause, as determined by the
Township from time to time.
(5) Industrial user permits shall be issued to a specific user for a
specific operation. An industrial user permit shall not be assigned,
transferred or sold to a new owner, new user, different premises,
or a new or changed operation without the prior written approval of
the Township. Any succeeding owner or user shall comply with all of
the terms and conditions of the existing permit.
(6) National Categorical Pretreatment Standards, if more stringent than
this part for a particular industrial category, shall apply. To that
end, the National Categorical Pretreatment Standards found in 40 CFR
Chapter I, Subchapter N, Parts 405 through 471, as amended from time
to time, are hereby incorporated herein.
(7) State requirements. State requirements and limitations on discharges
shall apply in each case where they are more stringent than federal
requirements and limitations or those set forth in this part.
(8) Township revision. The Township reserves the right to establish more
stringent limitations or requirements on discharges to the public
sewage system, if the Township in its discretion deems it necessary
to further the purpose of this part.
(9) Excessive discharge. No user shall at any time increase the use of
process water or attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with the limitations
contained in the Federal Categorical Pretreatment Standards, or in
any other pollutants' specific limitation developed by the Township
or the state.
(10) Accidental discharge. Each user shall provide protection from accidental
discharge or prohibited material or other substances regulated herein.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the owner's or user's sole cost
and expense. Detailed plans showing facilities and operating procedures
to provide such protection shall be submitted to and approved in writing
by the Township before commencement of construction of the facility.
No user who commences contribution to the public sewage system after
the effective date of this part shall be permitted to introduce pollutants
into the public sewage system until accidental discharge procedures
have been approved in writing by the Township. Review and approval
of such plans and operating procedures shall not relieve the industrial
user from the responsibility to modify the user's facilities whenever
necessary to meet the requirements of this part. In the case of an
accidental discharge, it is the responsibility of the user to immediately
notify the Township of such incident. The notification shall include
but not be limited to: the location of the discharge, the type of
waste discharged, its concentration and volume, and a description
of corrective actions to be taken.
(a)
Written notice. Within five days following an accidental discharge,
the user shall submit to the Township a detailed written report describing
the causes of the discharge and measures to be taken by the user to
prevent similar future occurrences. Such notification shall not relieve
the user of any expense, loss, damage or other liability which may
be incurred as a result of damage to the POTW, including but not limited
to fish kills and all damages to persons or property; nor shall such
notification relieve the user of any fines, civil penalties or other
liability which may be imposed by this part or other applicable law.
(b)
Employee notice. A notice shall be permanently and conspicuously
posted on the user's bulletin board or other prominent place advising
employees whom to call in the event of an accidental discharge. Employers
shall ensure that all employees who may cause or suffer such a discharge
to occur are advised of and are required to comply with the emergency
notification procedure.
(c)
At least once every two years, the Township Engineer shall evaluate
whether each industrial user requires a revision to its discharge/slug
control plan. The Township Engineer may require a user to develop
or revise, submit to him or her for approval, and implement such a
plan. Such plan shall contain, at a minimum, the following:
[1]
Description of discharge practices;
[2]
Description of stored chemicals;
[3]
Procedures for notification as set forth herein;
[4]
Procedures to prevent adverse impact from any accidental or
slug discharge.
(11) Access. The Township and its representatives shall be afforded access
at all times to any industrial user who will be connected to the public
sewage system. The Township shall have access to all meters, gauges
and other measuring devices used for the purpose of establishing or
determining water consumption, water excluded from the public sewage
system, domestic sewage, or industrial waste discharged to the public
sewage system.
(12) Sampling and inspection. The Township shall inspect, at least once
annually, the facilities of any industrial user to ascertain compliance
with the purpose and requirements of this part. Persons or occupants
of premises where wastewater is created or discharged shall allow
the Township and its representatives ready access at all reasonable
times to all parts of the premises for the purposes of inspection,
sampling, records examination, and performance of any duty of the
Township. The Township has the right to install on a user's property
such devices as are necessary to conduct sampling, inspection, compliance
monitoring and metering operations. Where a user has security measures
which require identification and clearance before entry into its premises,
the user shall make arrangements with its security personnel to ensure
that, upon presentation of suitable identification, Township representatives
shall be permitted to enter, without delay, for the purposes of performing
their official duties. Sampling and inspection shall occur at each
industrial user facility not less than once each year.
E. Industrial/commercial user permit renewal. An industrial user with
an expiring industrial discharge permit shall apply for a permit renewal
by submitting a completed application in accordance with the requirements
set forth herein not less than 90 days prior to the expiration of
the user's existing industrial waste discharge permit.
F. Abandonment and discontinuance permit.
(1) The Township shall permit a customer to abandon and discontinue sewer
service provided by the Township only if:
(a)
In the case of a nonresidential property only:
[1]
The customer applies for abandonment and discontinuance of service
in writing and pays to the Township the applicable fee;
[2]
The customer has its building sewer physically disconnected
from the public sewage system by a plumber licensed and approved by
the Township, and such disconnection is inspected and accepted in
writing by the Township; and
[3]
The improvements on the property served by the Township are
demolished.
(b)
In the case of a residential property only:
[1]
The customer applies for abandonment and discontinuance of service
in writing and pays to the Township the applicable fee;
[2]
The property is destroyed by a catastrophic event;
[3]
The customer has its building sewer physically disconnected
from the public sewage system by a plumber licensed and approved by
the Township, and such disconnection is inspected and accepted in
writing by the Township; and
[4]
The property owner does not intend to rebuild within one year
after the occurrence of such catastrophe.
(2) A customer who qualifies for abandonment and discontinuance of service
as provided above shall no longer be obligated to make any rate payments
to the Township from the date of disconnection with the written approval
by the Township. A customer who abandons and discontinues service
shall not be entitled to the return of any portion of any tapping
or connection fee theretofore paid. If the customer, or any subsequent
owner of a property with respect to which service was abandoned, determines
to improve such property, the customer or such subsequent owner shall
be required to connect to the public sewage system and to pay all
tapping fees and connection fees then applicable to such property.
(3) Fees to apply for sewer service abandonment shall be set from time
to time by resolution of the Board of Supervisors.
Before making a connection to the public sewage system, each
property owner shall make a written application therefor in the manner
prescribed by the Township and pay such permit fees and/or charges
as may be established from time to time by resolution of the Board
of Supervisors, including, without limitation, the following:
A. Connection fee: a fee which shall not exceed an amount equal to the
actual cost of the connection of the property extending from the Township's
sewer main to the property line of the property so connected. The
Township may also base such fee upon an average cost for previously
installed connections of similar type and size. In lieu of payment
of the connection fee, the Township may require the construction and
dedication of those facilities by the property owner(s) requesting
such connection.
B. Customer facilities fee: a fee which shall not exceed an amount equal
to the actual cost of the facilities serving the connected property
from the property line or curbside cleanout to the proposed dwelling
or building to be served. The customer facilities fee shall be chargeable
only in the event the Township, and not the property owner(s), installs
the customer facilities. In lieu of the payment of the customer facilities
fee, the Township may require the construction of those facilities
by the property owner(s) requesting customer facilities.
C. Tapping fee: The Township shall collect a tapping fee for each EDU
allocated to a property or used in accordance with the provisions
set forth herein.
(1) The owner or developer of any individual residential unit, multiple
residential unit or structure shall pay a single tapping fee for each
capacity permit for the right to connect to the public sewage system.
(a)
The tapping fee shall be paid in full to the Township prior
to the issuance of a permit necessary for construction. No connection
permit shall be issued without prior payment in full of the applicable
tapping fee and issuance of a capacity permit.
(b)
Each individual single-family unit devoted to residential use
only constitutes and will be charged for one EDU.
(2) Mixed residential and commercial uses. Any residential user desiring
to employ a portion of its premises for a commercial use shall complete
and submit an application to the Township therefor, which application
shall be under oath and shall detail the nature and scope of the proposed
use. Each such mixed use structure shall constitute and be charged
for a minimum of one EDU per use and the capacity permit for the structure
shall, therefore, require at a minimum two EDUs and two tapping fees.
Prior to issuance of a connection permit and the sale, leasing, rental
or use of an individual unit in a multiple-unit mixed residential
and commercial structure, an individual family unit in a multiple-family-unit
structure, or any other consumption unit deemed by the Township to
be necessary for the structure, the owner, builder or developer shall
pay to the Township a tapping fee for each such unit as shown on the
approved plans. The capacity permit shall be issued for the number
of EDUs represented by the structure upon payment in full of the requisite
tapping fees.
(3) For all improved commercial and industrial properties, tapping fees
shall be imposed for each EDU that is determined to be consumed or
consumable by such improved property. The quantity of EDUs applicable
to any property shall be determined on an annual basis and each property
shall be assessed one tapping fee per EDU for the highest number of
EDUs used by the property during each calendar year. The annual determination
of the number of EDUs used shall be compiled by adding, for each property
and each use, the total annual gallonage consumed by the property
and dividing that number by 70,000 to determine the number of EDUs
consumed (the number shall be rounded to the next highest EDU). To
the extent the annual highest number of EDUs per property exceeds
that property's base number, the property shall be assessed for the
additional capacity used at the rate of one tapping fee per EDU. "Base
year" shall be defined, for purposes of this subsection, as the number
of EDUs purchased by the applicable property during its first year
of connection to the public sewage system. EDUs billed to an applicable
property shall be considered as that property's capacity allocation.
No tapping fees shall be refunded for any reduction in use. The capacity
allocated to an applicable property shall be assignable and transferable
with the property, provided that all charges are paid in full as assessed.
Initial computations of EDUs for any property or use shall be greater
than or equal to the following minimums:
|
Description of Improved Property
|
Unit of Measurement
|
Number of Equivalent Dwelling Units per Unit of Measurement
|
---|
|
Retail store, professional office or other commercial enterprise,
including but not limited to doctors' office and automobile service
and repair facility, and convenience store that does not prepare food
|
1 to 5 employees
|
1
|
|
|
Each additional 5 employees or fraction thereof
|
1
|
|
Hotel, motel or boarding house (not including restaurant facilities)
|
1 to 3 rental rooms
|
1
|
|
|
Each additional room or fraction thereof
|
1
|
|
Restaurant, club, tavern or other retail food or drinking establishment
|
1 to 20 customer seats
|
1
|
|
|
Each additional 20 seats or fraction thereof
|
1
|
|
Beauty parlor or barber shop (whether or not attached to, or
part of, a residential dwelling)
|
First 3 chairs
|
1
|
|
|
Each additional 3 chairs
|
1
|
|
School (including cafeteria)
|
Every 25 students and personnel
|
1
|
|
Convenience store that prepares and sells food
|
|
2
|
|
Car wash
|
Every bay
|
1
|
|
Firehouse or government office without commercial facilities
|
|
1
|
|
Church without food or nursery service
|
|
1
|
|
Laundromat
|
Every washing machine
|
1/2
|
(a)
Where a property is devoted to two or more of the aforementioned
uses, the requisite number of EDUs shall be determined by adding the
applicable totals for all of the uses as set forth above. For example,
if a hotel has nine rooms and a restaurant and bar has seating for
21 patrons, the requisite number of EDUs would be six. Alternatively,
EDUs applicable to businesses, retail stores and professional offices
may be determined on the basis of the average number of full-time
and part-time employees at the premises (including individual owners
and employers) during the twelve-month period preceding the date the
owner of such improved property is required to, or in fact connects
to, the public sewage system. For initial connections of new businesses,
retail stores and professional offices uses, EDUs may be determined
on the basis of the average number of full-time and part-time employees
at the premises (including individual owners and employers) intended
to be employed at the inception of its connection. In all cases, the
Township shall be entitled to rely, when initially determining the
number of EDUs necessary for any use, on the information presented
to the Township by the owner.
(b)
Where a commercial or industrial structure or property has been
condominiumized, such that more than two uses exist within a given
structure or property, each of which is under separate ownership or
control, but the property and/or structure is held in single ownership
or managed by an association which is responsible for the sewage bill
for the entire structure or property, EDUs for such structure or property
shall be determined on the basis of gross metered sewage discharge
per annum. Initially, the requisite number of EDUs necessary for the
structure or property may be determined on the basis of the average
number of full-time and part-time employees (including individual
owners and employers) intended to be employed at the inception of
its connection to such structure or property, as a whole. This subsection
shall not be applicable where each use has its own facilities; rather,
it shall be applicable only where the facilities are central to the
uses and under the control of the structure or property owner or manager.
(c)
The Township shall regularly determine the number of additional
EDUs consumed by any given property on the basis of actual water consumption
or sewage discharge by such property. The number of EDUs charged to
the property shall be the quotient of the actual annual sewage discharge
of water consumption divided by 70,000 gallons, rounded up to the
next higher whole number.
(d)
The determination of EDUs shall be strictly in accordance with
the water meter's volumetric readings. The Township shall not be responsible
for the accuracy or maintenance of private water meters. Owners are
encouraged to have private water meters calibrated two times per year
and are solely responsible for their operation.
(4) A tapping fee representing the estimated number of EDUs applicable
to a property is due and payable when the Township receives an application
for a capacity permit. Thereafter, the Township shall annually review,
and may revise, the number of applicable EDUs and assess appropriate
tapping fee charges reflecting each such revision. If the number of
EDUs has increased, the Township shall notify the property holder
of such increase and advise the property owner of the applicable tapping
fee then due and owing to the Township for the additional capacity
consumed. The amount assessed shall be paid by the property owner
within 30 days after notification by the Township that it is due.
(5) During the course of any sewer line installation by the Township
on any street or road, and at such time as not to cause any delay
in the line installation, an abutting property owner (a nondeveloper)
may request the Township to install an additional sewer lateral to
any vacant individual residential lot abutting such line installation
and owned by such abutting property owner. The Township shall install
such a lateral for future service to the lot provided the property
owner executes and delivers to the Township an agreement with the
Township to pay the Township the then current tapping fee and capacity
permit fee within 18 months from the execution of the agreement, or
the six-month anniversary of the acceptance of the line for flow by
the Township, whichever date first occurs, and provided that the lot
may not thereafter be capable of subdivision.
All costs and expenses incident to the installation and connection
of the building sewer shall be borne by the owner. The owner shall
indemnify the Township and hold the Township harmless of and from
any and all demands, claims, losses, expenses and damages that may
directly or indirectly be occasioned by the installation of the building
sewer.
A separate and independent building sewer shall be provided
for each building. Exceptions to this provision may be made where
one building is located to the rear of another building on an interior
lot and no sewer line is available or can be constructed to the rear
building through an adjoining alley, courtyard or driveway, in which
case the building sewer from the front building may be extended to
the rear building only upon the prior written approval of the Township.
Such connection of the two buildings to the sewer lines shall be considered
as two building sewers.
A. Except as otherwise provided in this section, each improved property
shall be connected separately and independently with a sewer through
a building lateral. Groupings of more than one improved property on
one building lateral shall not be permitted except under special circumstances
and for good sanitary reasons or other good cause shown, and only
after the owner of such property obtains the prior written consent
of the Township. The provisions of this section shall not apply, insofar
as connection is concerned, to any owner, developer and/or builder
who has executed or who executes an agreement approved by the Township
which provides for the connection of an internal sewage system and/or
building laterals or other connections to the public sewage system.
B. All property owners shall maintain, repair and renew, at their sole
cost and expense, their sewer building lateral, cleanouts, vents and
water meters in such manner and condition so as to prevent and correct
leakage and/or hazardous conditions. All cleanouts and vents on the
building lateral shall remain at least six inches above finished grade
and shall be capped. Caps on cleanouts and vents shall be in accordance
with Township standards. Notwithstanding the foregoing, the property
owners may install or modify sewer cleanouts at grade, but shall,
in such event, incorporate the use of a cast iron frame and cover
so that the cover is visible at finished grade. The owner of the property
shall obtain the prior written consent of the Township Sewer Engineer
prior to installation of a cast iron frame and cover. In the event
of any manufacturer's defect in the water meter, excluding tampering
or intentional or negligent interference with the meter, the property
owner shall notify the Township, and the Township shall provide a
replacement meter. If the Township determines it is responsible to
provide a replacement water meter, it shall provide the replacement
at no cost to the property owner if the meter is still under warranty,
or at the adopted replacement charge in all other cases. In the event
of tampering, or negligent or intentional interference with the meter,
the property owner shall bear the full cost of replacement of the
water meter. Replacement of any commercial or industrial water meter
is the sole responsibility of the property owner in all events.
C. In the event the property owner fails to repair, maintain or replace
the sewer building lateral cleanouts, vents and/or water meter as
required above, after written notice of defect from the Township,
the property owner shall remedy the defect within 30 days of such
notice at the owner's sole cost and expense. Failure to remedy any
defect shall result in the Township correcting the defect at the property
owner's sole cost and expense, with all costs and expenses thereof,
including but not limited to legal fees, costs and interest recoverable
from the property owner by the Township as authorized by law or resolution
of the Township from time to time.
Old building sewers may be used in connection with a building
only when such connection is approved by the Sewer Inspector and they
meet the requirements of this part and all rules and regulations adopted
pursuant hereto.
In a building in which the building drain is too low to permit
gravity flow to the public sewer system, sanitary sewage carried by
such drain shall be lifted by approved artificial means and discharged
to the building sewer.
All excavations required for the installation of a building
sewer shall be open trench work unless otherwise approved by the Township
in writing. Pipe laying and backfill shall be performed in accordance
with Township regulations, and no backfill shall be placed until the
work has been inspected and approved.
All joints and connections shall be gastight and watertight.
Cast-iron, ductile iron and PVC pipe joints shall be installed with
gaskets. Other jointing materials and methods may be used with the
prior written approval of the Township.
All excavations for building sewer installation and connection
shall be adequately guarded with barricades and lights so as to protect
the public from hazards. Streets, sidewalks, parkways and other public
property disturbed in the course of such work shall be restored in
a manner satisfactory to the Township.
In cases where a builder or developer desires to install sewers,
laterals and building sewers to every housing unit within a housing
development or to every lot or unit within a subdivision or land development,
he shall meet all conditions as set forth in this section and in all
other sections of this part. Plot plans for such a development shall
be submitted to the Township, and the builder or developer shall enter
into an agreement with the Township for the provision of sewer service
which, at a minimum, shall include provisions requiring the establishment
of a construction escrow and a maintenance bond or escrow protecting
the Township against defects for a period of 18 months subsequent
to final completion and satisfactory inspection, in an amount not
less than 15% of the total costs of installation, and provisions requiring
the conveyance to the Township of the constructed sewers, excluding
building sewers. The builder or developer shall obtain the written
approval of the Township prior to the commencement of any construction.
Said plans shall conform to all Township sewer designs and construction
regulations. All legal and engineering fees and charges for plan review,
agreement preparation and permit issuance shall be borne by such builder
or developer. Upon approval of the plans by the Township and necessary
county and state agencies, the lines may be constructed by and at
the expense of the builder or developer, but only under the inspection
of an inspector designated by the Township. All costs of said inspections,
including salaries and expenses, shall be borne by the builder or
developer.