[Adopted 2-8-2007 by Ord. No. 829]
Unless the context specifically and clearly
indicates otherwise, the meanings of terms used herein shall be as
follows:
The Township's Official Plan as defined in the Pennsylvania
Sewage Facilities Act, Act of January 24, 1966, P.L. 1535 (1965),
No. 537, as amended, 35 P.S. §§ 750.1 through 750.20a
("Sewage Facilities Act" or "Act 537").
The Whitemarsh Township Municipal Authority, as presently
or hereafter constituted, which has been created by the Township Board
of Supervisors (the "Board") and to which has been referred by the
Board the specific project, inter alia, of sewers.
The Pennsylvania Department of Environmental Protection.
Any electric-motor-driven, submersible, centrifugal capable
of macerating all material found in normal domestic sanitary sewage,
including a reasonable amount of objects such as plastics, sanitary
napkins, disposable diapers, rubber and the like, to a fine slurry
and pumping this material through a small diameter discharge.
Any property within the 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 sewage
shall or may be discharged.
A grinder pump or grinder pumps and the associated force
mains, low-pressure laterals and/or additional equipment associated
therewith.
A change in the Township's Act 537 Official Plan to provide
for additional, newly identified future or existing sewage facilities
needs, which may include one or more of the following:
UPDATED REVISIONA comprehensive revision to an existing Official Plan required when the Department or the Township determines the Official Plan or one or more of its parts is inadequate for the existing or future sewage facilities needs of the Township or its residents or landowners.
SPECIAL STUDYA study, survey, investigation, inquiry, research report or analysis, which is directly related to an updated revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.
REVISION FOR NEW LAND DEVELOPMENTA revision to the Township's Official Plan resulting from a proposed subdivision as defined in Act 537.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, or to animal or aquatic life or to the use of
water for domestic water supply or for recreation or any substance
which constitutes pollution under the Clean Stream Law, as amended,
35 P.S. §§ 691.1 through 691.1001.
The connection of existing properties or proposed
land development to an existing or proposed sewage system through
the use of a low-pressure system shall occur only after either:
A.
An Official Plan revision to the Township's Act 537
plan designating the proposed properties to be served by low-pressure
system has been approved by both the Authority and the Department;
or
B.
A Department-approved exemption from the Official
Plan revision has been obtained by the property owner.
A.
The Township and the Authority are hereby authorized
and empowered to adopt such rules and regulations concerning sewage
which are deemed necessary from time to time to effect the purposes
herein. All such rules and regulations adopted by the Township or
the Authority shall be in conformity with the provisions herein, all
other applicable Township ordinances and regulations, and all applicable
laws, rules and regulations, including, but not limited to, applicable
rules and regulations of administrative agencies for the Commonwealth
of Pennsylvania.
B.
The Township, in cooperation with the Authority, is
hereby authorized and empowered to undertake within the Township the
control of procedures for the installation, use and maintenance of
low-pressure systems.
C.
The Township, in cooperation with the Authority, is
hereby authorized to undertake such actions as are necessary, including,
but not limited to, entering into agreements with property owners
that assure proper operation and maintenance of the low-pressure systems
within the Township's borders.
The Township reserves the right to, and may from time to time, adopt, revise, amend and readopt such rules and regulations as it deems necessary and proper for the use, operation and maintenance of low-pressure systems within the Township, and all such rules and regulations shall become a part of this Article VI.
A.
Each property owner whose improved property is served
by a low-pressure system shall have full responsibility for providing,
maintaining, operating, repairing and replacing the low-pressure system.
B.
All low-pressure systems, and the associated installation,
operation, service and replacement thereof, shall comply with all
applicable rules and regulations of the Township and/or the Authority
as are established from time to time by the Township and/or the Authority.
C.
The Township, in cooperation with the Authority, shall
maintain control over the type of grinder pumps and associated force
main components used so that full service capability is available
locally and on short notice.
D.
Each property owner whose improved property is served
by a low-pressure system shall use the grinder pump in a manner fully
consistent with the manufacturer's instructions and shall avoid introducing
into the low-pressure system bulky paper or plastic materials, including,
but not limited to, items designated as biodegradable in septic tanks,
that may damage the impellers or the grinder pump.
E.
Within 24 hours of discovery of a malfunction and/or
inoperation of a grinder pump or the associated low-pressure system,
each property owner whose improved property is served by the grinder
pump shall close the low-pressure system and cease operations until
such time as the grinder pump and associated low-pressure system has
been fully restored to operational status. Each property owner shall
have an alarm panel inside the improved property that notifies the
property owner of any inoperation or malfunction of the low-pressure
system.
F.
Twenty-four-hour emergency replacement units for grinder
pumps serving individual residential dwelling units will be provided
by the Township, or its designated representative, at the property
owner's sole cost and expense. Installation of the temporary replacement
grinder pump shall be the property owner's sole responsibility and
shall be at its sole cost and expense.
G.
Except as set forth in § 95-46F, regarding the provision of twenty-four-hour emergency replacement grinder pumps provided at the property owner's sole cost and expense, neither the Township nor the Authority shall have any responsibility for the purchase, operation, repair, maintenance or replacement of the grinder pump or any portion of the low-pressure system.
H.
Each property owner who desires to install a low-pressure
system to service its improved property shall execute a low-pressure
sewer system operations and maintenance agreement with the Township,
in recordable form, setting forth the rights, duties and obligations
of the property owner with respect to the low-pressure system.
I.
In addition to the foregoing, where the low-pressure
system is intended to be shared between two or more property owners,
the property owners shall submit to the Township a declaration of
easements, covenants and restrictions, in recordable form, setting
forth the agreement of each benefited property owner with respect
to the installation, use and maintenance of the low-pressure system,
which agreement shall bind all future property owners. The Township
shall not issue a permit on behalf of the Authority for installation
of the low-pressure system until evidence is presented, in a form
satisfactory to the Township and the Authority, that the low-pressure
system has been approved by all applicable agencies and that the declaration
of easements, covenants and restrictions has been recorded in the
Office of the Recorder of Deeds, Montgomery County, Pennsylvania.
J.
The Township shall have the right, but not the obligation,
to enter onto any property to inspect, maintain, service, repair or
replace any low-pressure system. The cost of such maintenance, service,
repair or replacement shall be assessed against the property owner
and shall become a lien on said property. The Township, at the time
of entering upon any such property, shall file a notice of lien upon
said property in the office of the Prothonotary of Montgomery County.
If the property owner fails to satisfy the lien within 30 days of
the filing date of the notice of lien, the Township may seek to execute
on the lien and/or proceed to collect the amount due by commencing
an action in assumpsit.
In addition to any other remedies provided herein, any violation of § 95-46, above, shall constitute a nuisance which may be abated by the Township or the Authority by seeking mitigation of the nuisance, use of statutory enforcement procedures and/or such other appropriate equitable or legal relief from a court of competent jurisdiction as the Township determines is necessary to adequately abate the nuisance.
