[Adopted 5-1-1991 by Ord. No. 84]
This article shall be known and cited as the "Township Sewage Facilities Enabling Ordinance."
[1]
Editor's Note: Former § 95-27, Definitions, as amended, was repealed 9-7-2016 by Ord. No. 145. See now Art. VI, Definitions.
A. 
This § 95-28 applies to all individual and community onlot sewage systems located in the Township of Chadds Ford.
B. 
Any and all individual and community onlot sewage systems located in the Township of Chadds Ford, now existing or hereafter established, shall be designed, installed, operated and maintained in accordance with and pursuant to rules and regulations adopted, from time to time, by the Chadds Ford Township Sewer Authority and the Pennsylvania Department of Environmental Protection, or its successors.
[Amended 3-7-2001 by Ord. No. 84A]
C. 
A certified copy of all such rules and regulations adopted by the Chadds Ford Township Sewer Authority shall be filed with the Township for informational purposes within 30 days after adoption.
A. 
This § 95-29 applies to all individual and community sewerage facilities for collecting, pumping, transporting, treating and disposing of sanitary sewage and industrial wastes, situate in or adjacent to the Township of Chadds Ford, whether or not owned, maintained, operated or controlled by the Township or the Chadds Ford Township Sewer Authority.
B. 
Any and all individual and community sewerage systems and appurtenances in the Township of Chadds Ford shall be designed, installed, operated and maintained in accordance with and pursuant to rules and regulations adopted, from time to time, by the Chadds Ford Township Sewer Authority and the Pennsylvania Department of Environmental Protection, or its successors.
[Amended 3-7-2001 by Ord. No. 84A]
C. 
A certified copy of all such rules and regulations adopted by the Chadds Ford Township Sewer Authority shall be filed with the Township, for informational purposes, within 30 days after adoption.
A. 
When required by the Township, all owners of land intended to be improved and developed with on-site sewage disposal, as part of final approval of the improvement or development, must agree to design and install a capped sewer system for hooking to and becoming part of a community sewerage system within Chadds Ford Township. A capped sewer system shall be installed when the Township concludes, after consultation with the Authority, that the area to be subdivided or developed is likely to be served within a reasonable time by a collection system.
B. 
The sewer lines within a capped sewage system shall be suitably capped at the limits of the subdivision, and the laterals shall be capped at the street right-of-way line. When capped sewers are provided, on-site disposal facilities shall also be provided.
C. 
Any and all capped sewer systems located in Township of Chadds Ford shall be designed, installed, operated and maintained in accordance with the standards, specifications, rules and regulations adopted, from time to time, by the Chadds Ford Township Sewer Authority and Pennsylvania Department of Environmental Protection, or its successors.
[Amended 3-7-2001 by Ord. No. 84A]
D. 
Routing and limits of the installed capped sewer systems shall be approved by the Authority Engineer. The developer will submit to the Authority for approval a sketch of each lateral showing the location and depth of the end of the lateral.
E. 
A certified copy of all specifications and standards for capped sewers adopted by the Chadds Ford Township Sewer Authority shall be filed with the Township for informational purposes within 30 days after adoption.
A. 
Connection to system.
(1) 
The owner of any improved property which is or hereafter becomes adjoining or adjacent to a public sewer system, or whose principal building is or hereafter becomes located within 150 feet of a public sewer system, and the owner of any improved property which is or hereafter becomes accessible to and whose principal building is within 150 feet from a portion of the public sewer system which is extended or altered at the expense of a developer or other private person or corporation under the supervision of the Township or the Authority, shall connect such improved property to such public sewer system in such manner as the Authority may require within 60 days after notice to such owner from the Township to make such connection. Upon such connection, the owner of the improved property shall use the public sewer system for the purpose of discharging all sanitary sewage and industrial wastes from such improved property, subject to such limitations and restrictions which are established herein or which otherwise shall be established by the Township or the Authority from time to time.
[Amended 3-7-2001 by Ord. No. 84A]
(2) 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used and maintained at any time upon any improved property which has been connected to a public sewer system or which shall be required under this § 95-31 to be connected to a public sewer system. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of the Authority, shall be cleansed and filled under the direction and supervision of the Authority's engineer. Any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by the Authority, cleansed and filled, shall constitute a nuisance and such nuisance may be abated as provided by law, at the expense of the owner of such improved property.
(3) 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a public sewer system.
(4) 
The notice by the Township to make a connection to the public sewer system shall consist of a written or printed document requiring such connection in accordance with the provisions of this § 95-31 and specifying that such connection shall be made within 60 days from the date such notice is given. Such notice may be given at any time after a public sewer system is in place which can receive and convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by registered mail or by such method as at the time may be provided by law.
[Amended 3-7-2001 by Ord. No. 84A]
(5) 
If the owner of any improved property located in the Township which the Township requires be connected to the public sewer system pursuant to Subsection A(1) hereof shall fail to connect such improved property, as required, within 60 days after being served with notice from the Township in accordance with this § 95-31, then the Township or the Authority, in addition to all other available legal remedies, may make such connection or cause the same to be made and may collect from such owner the costs and expenses thereof. In such case, the Township or the Authority shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property to which connection has been so made, and such bills shall be payable immediately. In case of neglect or refusal by the owner of such improved property to pay said bill, the Township shall file a municipal lien for said construction within six months of the date of the completion of the construction of said connection, with interest to accrue on the amount of the unpaid bill at the rate of 10% per annum from the date of the completion of the work, the same to be subject in all respects to the general law provided for the filing and recovery of municipal liens.
[Amended 3-7-2001 by Ord. No. 84A]
B. 
Any and all connections of improved property to the public sewer system pursuant to the requirements of this § 95-31 shall be in accordance with and pursuant to the rules and regulations adopted, from time to time, by the Chadds Ford Township Sewer Authority.
C. 
A certified copy of all such rules and regulations adopted pursuant to this § 95-31 by the Chadds Ford Township Sewer Authority shall be filed with the Township, for informational purposes, within 30 days after adoption.
A. 
All permits relating to sewage disposal or sewage disposal systems required by Township ordinances or the regulations of the Chadds Ford Township Sewer Authority shall only be issued upon application made in writing to the Township or the Authority, as applicable, in such form and manner as may be prescribed by the Authority for a permit and upon payment of a permit fee in an amount established by the Authority from time to time.
B. 
All use and maintenance fees, inspection costs and connection charges relating to sewage disposal systems shall be set and collected in accordance with and pursuant to rules and regulations adopted, from time to time, by the Chadds Ford Township Sewer Authority and the Pennsylvania Department of Environmental Protection, or its successors.
[Amended 3-7-2001 by Ord. No. 84A]
C. 
A certified copy of all such rules and regulations covering fees, costs and charges and adopted by the Chadds Ford Township Sewer Authority shall be filed with the Township for informational purposes within 30 days after adoption.
[Amended 12-14-2009 by Ord. No. 122]
For any and every violation of the provisions of this article, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist; the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist; the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist; and the general agent, architect, contractor or any other person who knowingly commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Whenever such person or persons shall have been officially notified by the Zoning Officer or Sewage Enforcement Officer (SEO), or by service of a summons in a prosecution, or in any other official manner, that he is committing a violation of the article, each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now collected by law. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.