[Adopted 8-11-1999 by Ord.
No. 2-99]
As used in this article, the following terms shall have the meanings
indicated:
Any system of piping, tanks or other facilities for the collection
of sewage from two or more lots, and the treatment and/or disposal of such
sewage into a soil absorption area or retaining tank on one or more of such
lots, or on an adjacent site.
A part of a subdivision or a parcel of land used as a building site
or intended to be used for building purposes, whether immediate or future,
which would not be further subdivided. Whenever a lot is used for a multiple-family
dwelling or for commercial or industrial purposes, the lot shall be deemed
to have been subdivided into an equivalent number of single-family residential
lots as determined by estimated sewage flows.
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 substances 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 which constitutes pollution under the Clean Streams
Law of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 35 P.S. § 691.901 et seq.
A.
No community onlot sewage system shall be constructed,
installed or operated without a prior written agreement relating to the long-term
operation and maintenance of such sewage system, made between the owners(s)
of each lot involved in the system and a person, firm or corporation experienced
in the operation and maintenance of such a system.
B.
Such agreement shall provide, in specific terms, for:
(1)
Allocation among the owner(s) of the lots involved of
the cost of operating and maintaining the sewage system.
(2)
Payment by each lot owner(s) at regular, specified intervals
of his, her, its or their proportionate share of such expenses.
(3)
Formal procedures for the collection of user fees and
the payment of operating expenses.
C.
Such agreement shall also contain the following provisions:
(1)
The owner(s) of each lot involved in the system shall
be responsible for all expenses related to the installation, operation and
maintenance of the sewage system.
(2)
The owner(s) of each lot involved in the system shall
be entirely responsible for any modifications or improvements in the system
which may be (or become) necessary to comply with all federal and state environmental
laws, regulations and/or permit conditions.
(3)
The owners(s) of each lot involved in the system shall
indemnify and hold harmless the Township of Independence against any liability,
loss or expense arising out of or related to the operation or maintenance
of the sewage system.
(4)
The obligations of the agreement shall be binding upon
any successor in interest to the owner(s) of each lot involved in the system.
(5)
The obligations of any owner(s) of a lot involved in
the system shall be enforceable by the owner(s) of any other lot involved
in the system.
(6)
The obligations of the owner(s) of each lot involved
in the system shall also be enforceable by the Township of Independence.
(7)
In any legal action for enforcement of the obligations
of the agreement, the landowner(s) in default shall be liable for all reasonable
attorney fees, court costs and other litigation expenses incurred by the enforcing
party.
D.
A copy of the agreement shall be delivered to the Township
Secretary.
E.
A copy of any amendment, addition or other modification
of the agreement shall promptly be delivered to the Township Secretary.
F.
The agreement shall be subject to approval of the Township
Solicitor for conformity to this article.
