[HISTORY: Adopted by the Board of Supervisors
of the Township of Middle Smithfield as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-12-1990 by Ord. No. 57]
Unless the context specifically and clearly
indicates otherwise, the meanings of terms and phrases used in this
chapter shall be as follows:
Middle Smithfield Township Municipal Authority, a municipality
authority incorporated pursuant to provisions of the Municipality
Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended
and supplemented,[1] of the commonwealth.
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
The Commonwealth of Pennsylvania.
Any property within this 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 sanitary
sewage and/or industrial wastes shall be or may be discharged.
Any improved property located within this township and used
or intended for use, wholly or in part, for the manufacturing, processing,
cleaning, laundering or assembling of any product, commodity or article,
or any other improved property located within this township from which
wastes, in addition to or other than sanitary sewage, shall be discharged.
Any and all wastes discharged from any industrial establishment,
other than sanitary sewage.
That part of the sewer system extending from a sewer to the
curbline or, if there shall be no curbline, to the property line,
or if no such lateral shall be provided, then "lateral" shall mean
that portion of or place in a sewer which is provided for connection
of any building sewer.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipality authority or other
group or entity.
Normal water-carried household and toilet wastes from any
improved property.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
pumping, transmitting, treating and disposing of sanitary sewage and/or
industrial wastes, situate in or adjacent to this township and owned
by the Authority, and to be leased to this township for maintenance,
operation and use.
Any street, road, lane, court, cul-de-sac, alley or public
way or public square.
The Township of Middle Smithfield, Monroe County, Pennsylvania,
a township of the second class of the commonwealth, acting by and
through its Board of Supervisors or, in appropriate cases, acting
by and through its authorized representatives.
[1]
Editor's Note: See 53 P.S. § 301
et seq.
A.
The owner of any improved property accessible to and
whose principal building is within 150 feet from the sewer system
shall connect such improved property with and shall use such sewer
system, in such manner as this township may require, within 60 days
after notice to such owner from this township to make such connection,
for the purpose of discharge of all sanitary sewage and industrial
wastes from such improved property; subject, however, to such limitations
and restrictions as shall be established herein or otherwise shall
be established by this township, from time to time.
B.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under Subsection A, shall be conducted into a sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this township, from time to time.
C.
No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within this township any sanitary sewage or industrial wastes in violation of Subsection A.
D.
No person shall discharge or shall permit to be discharged to any natural outlet within this township any sanitary sewage or industrial wastes in violation of Subsection A, except where suitable treatment has been provided which is satisfactory to this township.
E.
Privy vaults, cesspools, sinkholes, septic tanks,
etc.
(1)
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection A to be connected to a sewer.
(2)
Every such privy vault, cesspool, sinkhole, septic
tank or similar receptacle in existence shall be abandoned and, at
the discretion of this township, shall be cleansed and shall be filled,
at the expense of the owner of such improved property, under the direction
and supervision of this township; and any such privy vault, cesspool,
sinkhole, septic tank or similar receptacle not so abandoned and,
if required by this township, not 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 sewer.
F.
Notice. The notice by this township to make a connection to a sewer, referred to in Subsection A, shall consist of a copy of this chapter, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this chapter and specifying that such connection shall be made within 60 days after the date such notice is given or served. Such notice may be given or served at any time after a sewer is in place which can receive and can convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be given or served upon the owner in accordance with law.
A.
No person shall uncover, shall connect with, shall
make any opening into or shall use, shall alter or shall disturb,
in any manner, any sewer or any part of the sewer system without first
obtaining a permit, in writing, from this township.
B.
Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
C.
No person shall make or shall cause to be made a connection
of any improved property with a sewer until such person shall have
fulfilled each of the following conditions:
(1)
Such person shall have notified the Secretary of this
township of the desire and intention to connect such improved property
to a sewer.
(2)
Such person shall have applied for and shall have obtained a permit as required by Subsection A.
(3)
Such person shall have given the Secretary of this
township at least 24 hours' notice of the time when such connection
will be made so that this township may supervise and inspect or may
cause to be supervised and inspected the work of connection and necessary
testing.
(4)
If applicable, such person shall have furnished satisfactory
evidence to the Secretary of this township that any tapping (or connection)
fee which may be charged and imposed by the Authority against the
owner of each improved property who connects such improved property
to a sewer has been paid.
D.
Except as otherwise provided in this subsection, each
improved property shall be connected separately and independently
with a sewer through a building sewer. Grouping of more than one improved
property on one building sewer shall not be permitted, except under
special circumstances and for good sanitary reasons or other good
cause shown, but then only after special permission of this township,
in writing, shall have been secured and only subject to such rules,
regulations and conditions as may be prescribed by this township.
E.
All costs and expenses of construction of a building
sewer and all costs and expenses of connection of a building sewer
to a sewer shall be borne by the owner of the improved property to
be connected; and such owner shall indemnify and shall save harmless
this township and the Authority from all loss or damage that may be
occasioned, directly or indirectly, as a result of construction of
a building sewer or of connection of a building sewer to a sewer.
F.
A building sewer shall be connected to a sewer at
the place designated by this township or by the Authority and where,
if applicable, the lateral is provided. The invert of a building sewer
at the point of connection shall be at the same or a higher elevation
than the invert of the sewer. A smooth, neat joint shall be made and
the connection of a building sewer to the lateral shall be made secure
and watertight.
G.
If the owner of any improved property located within this township and accessible to and whose principal building is within 150 feet from the sewer system, after 60 days' notice from this township, in accordance with § 148-2A, shall fail to connect such improved property as required, this township may enter upon such improved property and construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law.
A.
Where an improved property, at the time connection
to a sewer is required, shall be served by its own sewage disposal
system or sewage disposal device, the existing house sewer line shall
be broken on the structure side of such sewage disposal system or
sewage disposal device and attachment shall be made, with proper fittings,
to continue such house sewer line as a building sewer.
B.
No building sewer shall be covered until it has been
inspected and approved by this township. If any part of a building
sewer is covered before so being inspected and approved, it shall
be uncovered for inspection, at the cost and expense of the owner
of the improved property to be connected to a sewer.
C.
Every building sewer of any improved property shall
be maintained in a sanitary and safe operating condition by the owner
of such improved property.
D.
Every excavation for a building sewer shall be guarded
adequately with barricades and lights to protect all persons from
damage and injury. Any street, sidewalk and other public property
disturbed in the course of installation of the building sewer shall
be restored, at the cost and expense of the owner of the improved
property being connected, in a manner satisfactory to this township.
E.
If any person shall fail or shall refuse, upon receipt
of a notice of this township or the Authority in writing, to remedy
any unsatisfactory condition with respect to a building sewer within
60 days of receipt of such notice, this township or the Authority
may refuse to permit such person to discharge sanitary sewage and
industrial wastes into the sewer system until such unsatisfactory
condition shall have been remedied to the satisfaction of this township
and the Authority.
F.
This township reserves the right to adopt, from time
to time, additional rules and regulations as it shall deem necessary
and proper relating to connections with a sewer and with the sewer
system, which additional rules and regulations, to the extent appropriate,
shall be and shall be construed as part of this chapter.
A.
Any person who violates or permits a violation of
this chapter, upon being found liable therefor in a civil enforcement
proceeding, shall 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 chapter. No judgment shall be imposed until
the date of the determination of this violation by the District Justice
and/or Court. If the defendant neither pays nor timely appeals the
judgment, the township may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day a violation exists shall constitute
a separate offense. Further, the appropriate officers or agents of
the township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
[Amended 1-5-1998 by Ord. No. 84]
B.
Fines and costs imposed under provisions of this chapter
shall be enforceable and recoverable in the manner and at the time
provided by applicable law.
It is declared that enactment of this chapter
is necessary for the protection, benefit and preservation of the health,
safety and welfare of inhabitants of this township.
[Adopted 10-8-2009 by Ord. No. 169]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used herein shall be as follows:
A written certificate or document issued by the Authority
evidencing the right to physically connect the sewage lateral from
a building or dwelling to the central sewer system for a specified
structure or lot or parcel of land.
Any person or persons or entity who or which hold legal or
equitable title to a lot or parcel of land within the service area
of the Authority.
An equivalent dwelling unit ("EDU") shall be equal to a sewage
discharge use of 200 gallons per day for all purposes, or as may be
later changed by resolution adopted by the Authority.
A.
First-come-first-served basis; site-specific.
(1)
The sale and issuance of connection permits shall only be available
on a first-come-first-served basis to the owner(s) of lands within
the service area of the Authority. Reservation agreements shall not
be entertained or accepted. All connection permits must be paid for
in full at the time of issuance thereof. If connection permits are
issued for a development with a number of lots, each lot shall be
considered as a separate property hereunder. A plan of lots shall
be presented together with any application for connection permits
to be issued for a development with a number of lots.
(2)
Any such connection permit shall be site-specific, shall be based
on specific plans presented with the application for the particular
intended use for each requested connection permit or EDU, and shall
run with the title to the subject lot or parcel of land.
B.
Issuance of connection permit(s). The Authority shall issue a connection
permit to the owner(s) who purchase a right to connect sewage lines
to the Authority's sewer system. The connection permit shall
be in such form as may be approved by the Authority and shall contain
on its face its date of issuance, the specific site for which it is
issued, and the name of the owner(s) who or which purchased it. The
owner(s) who purchase a connection permit shall execute a user agreement
in such recordable form as may be approved by the Authority and shall
pay the cost of recordation of the same.
C.
Limitation of assignment of connection permit(s). A connection permit
shall not be assigned or transferred without the advance written approval
of the Authority. Any such assignee shall agree in writing to be bound
by the rules and regulations of the Authority. At the option of the
Authority, any assignment without the approval of the Authority shall
result in the forfeiture of the connection permit.
D.
Conditions precedent for connection permit issuance.
(1)
Applications to be site-specific; acceptance of plan required.
(a)
An applicant for a connection permit must hold legal or equitable
title to a specifically described lot or parcel of land for which
the connection permit is sought. The connection permit when issued
shall be site-specific for the said lot or parcel of land and may
not be assigned or transferred to another lot or parcel.
(b)
For purposes of the above provisions, an applicant or developer
may only make application for connection permits for a subdivision
or land development plan after official acceptance of a preliminary
subdivision or final land development plan by the Township, and after
Act 537 Wastewater Planning approval has been obtained from the Pennsylvania
Department of Environmental Protection.
(2)
Approved development sewer plans required. Before acceptance of any
connection permit application for a subdivision or land development
plan, the applicant or developer must submit to the Authority a detailed
sewer plan that shows all the internal sewage collection lines within
the development, which must be reviewed by the Authority Engineer
and then officially approved by the Authority and by the Pennsylvania
Department of Environmental Protection, if required.
(3)
Security for presentation of as-built plans. The applicant or developer
shall submit a financial security in such amount and form as may be
approved by the Authority guaranteeing the completion and presentation
of the required as-built sewer plans and specifications for a development.
(4)
Requirements for inspection of sewage line installation and submission
of as-built plans.
(a)
Prior to the covering of the installation of any of the internal
sewage collection lines within a development, the Authority shall
inspect and approve the installation of the said lines at the cost
and expense of the applicant or developer. The Authority Engineer
or his designee shall be present at all times during the laying and
installation of sewer lines.
(b)
Additionally, the applicant or developer shall submit to the
Authority an as-built set of plans and specifications for the said
internal sewage collection lines within three months of construction
of said lines.
(c)
Such as-built plans shall include the surveyed location of visible
portions of the installed system, with the signature and professional
seal of the Pennsylvania licensed surveyor responsible for the plan,
and the notarized signature of the contractor(s) responsible for the
installation of the system, certifying the plan, and stating that
the information shown on the plan was installed by the contractor(s)
in accordance with the plans and specifications approved by the Authority.
(5)
No connections without Authority inspection of actual connection.
Prior to the physical connection of any lot or structure within a
development, the proposed actual connection must be inspected and
approved by the Authority Engineer, or his designee, subsequent to
payment in advance of the costs and expenses of such inspection pursuant
to a fee schedule approved by the Authority.
E.
Authority's optional right to repurchase permits. The Authority
may, if requested by the owner(s), repurchase the connection permit(s),
at its option, for the same price paid by the original owner(s), subject
to a 15% administrative deduction. In the event of such a repurchase,
the Township shall file an appropriate Act 537 Plan amendment with
the Pennsylvania Department of Environmental Protection, and the owner(s)
consent to join in and execute the same, to eliminate any reference
to such connection permits for the subject property, and to eliminate
any planning approval for the said property which is contingent upon
the availability of the said connection permit(s).
F.
Contracts for engineering professional services. An applicant who
has submitted a subdivision and/or land development plan shall complete
and submit to the Authority a contract for engineering professional
services and pay a deposit for the required review fees upon submission
of a plan to the Township.
