[Adopted 12-27-1984 by Ord. No. 47A (Ch. 18, Part 2, of the
1984 Code of Ordinances)]
For the purpose of this article, the following terms shall have
the meaning indicated:
The Elizabethtown Regional Sewer Authority or any municipal
authority successor thereto which provides public sewer service within
any portion of the Township.
[Amended 12-5-2011 by Ord. No. 192-2011; 9-4-2012 by Ord. No.
196-2012]
The Board of Supervisors of West Donegal Township, Lancaster
County, Pennsylvania.
Any structure or any portion thereof intended to be used,
wholly or in part, for the purpose of carrying on a trade, business
or profession, or for social, amusement, religious, educational, charitable,
or public uses, and which contains plumbing for kitchens, toilets
or washing facilities.
A person or his authorized agent for whom subdivision or
land development plans are being or have been made, or for whom the
planning module for land development as required by the Department
of Environmental Protection of the Commonwealth of Pennsylvania is
being or has been prepared, or for whom a commercial establishment
or an industrial establishment is being constructed or erected.
Any room, group of rooms, building or other enclosure connected,
directly or indirectly, to the sewer system and used or intended for
use, in whole or in part, in the operation of a business enterprise
for manufacturing, processing, cleaning, laundering or assembling
any product, commodity or article.
A comprehensive plan for the provision of adequate sewage
systems adopted by the Township of West Donegal and submitted to and
approved by the State Department of Environmental Protection as provided
by the Pennsylvania Sewage Facilities Act and the provisions of Chapter
71 of Title 25 of the Pennsylvania Code.
A form provided by the Department of Environmental Protection
of the Commonwealth of Pennsylvania for new subdivisions to be prepared
by the person subdividing or developing the tract, or by any other
person, pertaining to revisions or supplements to the Township's
Official Sewage Plan which requires the Township's acceptance
and submission to said Department of Environmental Protection.
A structure enclosed within exterior walls or fire walls,
built, erected and framed of component structural parts and designed
for the housing, shelter, enclosure and support of individuals, animals,
or property of any kind; main structure on a given lot.
All existing or proposed structures and appurtenances of
the Township or the Authority for the provision of sanitary sewerage
service, including but not limited to collector and interceptor sewers,
pumping stations, force mains and sewage treatment plants.
All structures and appurtenances for the provision of sanitary
sewerage service to two or more lots or a land development or to a
commercial establishment or an industrial establishment, including
but not necessarily limited to sanitary sewers (both collector and
interceptor sewers), laterals, pumping stations, force mains, and
grinder pump units.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, transfer of ownership or building
or lot development; provided, however, that the subdivision by acres,
not involving any new street or easement of access or residential
dwellings, shall be exempted.
The Township of West Donegal, Lancaster County, Pennsylvania.
The Board may, as a condition to i) the approval of a land development
or subdivision; ii) the acceptance of a planning module for land development
or the adoption of a revision or supplement to the Township's
Official Sewage Plan; iii) the issuance of a permit by the Township's
Sewage Enforcement Officer to install the second or subsequent individual
or community sewage system in a subdivision; or iv) the issuance of
a permit by the Township's Zoning Officer to construct or erect
any principal building in a subdivision or land development or to
construct or erect a commercial establishment or an industrial establishment,
require sanitary sewerage facilities to be planned, designed and constructed
by a developer under the circumstances and in the manner hereinafter
set forth.
A developer shall provide a subdivision or land development
or a commercial establishment or an industrial establishment with
complete sanitary sewerage facilities which shall be extended to and
connected with (or installed in a manner suitable for connection with)
the public sewer system at the expense of the developer and in accordance
with the Township's and the Authority's design and construction
requirements:
A.
When an
adequate public sewer system exists or when construction or development
plans approved by the Township and/or the Authority provide for the
installation of an adequate public sewer system in the vicinity of
the location of the proposed subdivision, land development, commercial
establishment or industrial establishment; and
B.
Where,
in the Township's opinion, it is practicable and reasonable.
A.
If immediate connection to the adequate public sewer system referred to in § 170-30 is not practicable, then in such case if the Township is of the opinion that an adequate public sewer system will become available within a reasonable time, the developer shall be required to install sanitary sewerage facilities in accordance with the Township's and the Authority's design and construction requirements, together with all necessary laterals extending from the main sewer to the street right-of-way line, and the termini of all such sewers and laterals shall be capped by the developer pending the availability of an adequate public sewer system to which they can be connected.
B.
Whenever capped sewers are required by § 170-31A of this article, the laterals shall be so installed as to avoid placing house connections under any paved areas or driveways, and all of the sewers and laterals shall be installed before the streets shown on the subdivision or land development plan are constructed.
The Board, when determining whether or not the installation
of sanitary sewerage facilities is practicable or whether or not an
adequate public sewer system will become available within a reasonable
time, shall consider all relevant factors, including the topography
of land; the proximity of the subdivision, land development, commercial
establishment or industrial establishment to an existing or proposed
public sewer system; consistency with the Official Sewage Plan as
revised from time to time; consistency with the Authority's projected
sewer service area; the projected date for the construction of a proposed
public sewer system; and whether the installation can be effected
without prohibitive expense or undue hardship. The Board may require
a developer to submit such additional information as it reasonably
needs to determine the practicability of installing sanitary sewerage
facilities in a subdivision or land development or to serve a commercial
establishment or an industrial establishment.
Prior to determining whether to require the construction of sanitary sewerage facilities under § 170-30 or 170-31 of this article, the Township shall request recommendations from the Authority as to the desirability of the proposed sanitary sewerage facilities and the impact of such proposed sanitary sewerage facilities on the public sewer system.
Security satisfactory to the Board and/or the Authority shall
be furnished by the developer to guarantee completion of all improvements
and installations required by this article and to guarantee payment
of all engineering services required by this article.
The Board and/or the Authority shall appoint an engineer or
engineering firm having experience and a favorable repute in the field
of public sanitary wastewater engineering, appropriately licensed
by the Commonwealth of Pennsylvania, to review the design of and inspect
the construction of all sanitary sewerage facilities to be constructed
by the developer in order to give assurance that said facilities will
coordinate and have congruity with the Township's Official Sewage
Plan. After review of the design, said engineer or engineering firm
will recommend the action to be taken by the Board and/or the Authority.
The design of such sanitary sewerage facilities must be approved by
the Board and/or the Authority prior to beginning the construction
thereof.
The costs of engineering services which are rendered for the
review of design and inspection of construction shall be paid by the
developer. The costs for services shall be in accordance with said
engineer's or said engineering firm's standard per diem
rates. The procedure for payment will be decided upon among the Board
and/or the Authority, the engineer and the developer prior to the
beginning of work by the engineer or engineering firm.
It shall be deemed a violation of this article for any developer
to fail or refuse to extend the public sewer system or to fail or
refuse to install sanitary sewerage facilities in a subdivision or
land development or to serve a commercial establishment or an industrial
establishment in the manner which the Board shall direct pursuant
to the terms of this article.
[Amended 10-7-1996 by Ord. No. 109-96; 5-19-1997 by Ord. No. 114-1997]
For each violation of the provisions of this article, any person
who commits, takes part in, or assists in any such violation shall
be liable, upon conviction thereof in a summary proceeding, to pay
a fine of not less than $200 nor more than $1,000 for each offense,
together with the costs of prosecution. Each day or portion thereof
in which a violation exists shall be considered a separate violation
of this article, and each section of this article which is violated
shall be considered a separate violation. In default of payment of
such fine, such person shall be liable to imprisonment for a period
not exceeding 30 days.
In addition to the remedies provided in § 170-38 above, any continued violations of this article may be abated by proceeding against the violator in a court of equity for relief.
[Amended 12-27-1984 by Ord. No. 47A]
Ordinance No. 25-1979 of the Township of West Donegal is specifically
repealed; provided, however, the repeal of said Ordinance No. 25-1979
shall not affect any subdivision or land development plan which under
Pennsylvania statutory and decisional law is presently subject to
the provisions of Ordinance No. 25-1979. All other ordinances and
parts of ordinances are repealed insofar as they are inconsistent
herewith.
