Township of Upper Chichester, PA
Delaware County
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Table of Contents
Table of Contents
[Adopted 10-13-1958 by Ord. No. 145 (Ch. 18, Part 1, of the 1987 Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
AUTHORITY
Chester Township Sewer Authority as originally organized and as presently or hereafter constituted, which has been created by the Board of Supervisors of Chester Township and to which has been referred by said Board of Supervisors the specific project of sewers.
OCCUPIED BUILDING
Each single dwelling unit, household unit, flat or apartment unit, store, shop, office, business or industrial unit or family unit contained within any structure (including mobile homes) erected and intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage is, or may be, discharged.
PERSON
An individual, firm, company, association, society, corporation or group.
PROPERTY ACCESSIBLE TO THE SEWER SYSTEM
Improved property which adjoins, abuts on, or is adjacent to, the sewer system and the principal building on which is within 250 feet from the sewer system.
SANITARY SEWAGE
The normal water-carrying household and toilet wastes from residences, business buildings, institutions and industrial establishments.
SEWER SYSTEM
The sanitary sewer collection system, together with appurtenant facilities constructed or about to be constructed for the Township and any improvement, additions or extensions that hereafter may be made thereto by the Authority or the Township or to any part or parts of any or all thereof.
TOWNSHIP
Upper Chichester Township, Delaware County, Pennsylvania, or the duly constituted and elected municipal officials therefor.
Whenever the sewer system is completed and ready for public use, it shall be the duty of the Township to cause notice of the fact to be given by advertisement, published once in one newspaper of general circulation in the Township, and such advertisement shall state that the sewer system may be used by all persons owning occupied buildings on property accessible to the sewer system, subject to the payment of any connection charges and of annual sewer rentals, in amounts as may from time to time be fixed by the Authority as owner of the sewer system or Chester Township as the lessee and operator thereof.
A. 
All persons owning any occupied building now erected upon property accessible to the sewer system shall, at their own expense, connect such building with the sewer system within 60 days after the date of publication specified in § 455-2.
B. 
All persons owning any property accessible to the sewer system upon which an occupied building is hereafter erected shall, at the time of the erection of such building and at their own expense connect the same with the sewer system.
C. 
All persons owning any occupied building upon property which hereafter becomes accessible to the sewer system shall, at their own expense, connect such building with the sewer system within 60 days after notice to do so from the Township.
D. 
Where more than one occupied building, as hereinbefore defined, is contained in a separate structure, a single common connection to the lateral of the sewer system may be permitted for accommodating all units contained in such structure, except that separate connections shall be required for each semidetached or row-type house or structure.
[Amended 11-17-1987 by Ord. No. 456]
A. 
It shall be unlawful for any person owning any property accessible to the sewer system to erect, construct or use or maintain or cause to be erected, constructed, used or maintained, any privy, cesspool, sinkhole, septic tank or other receptacle or facility on such premises for receiving sanitary sewage after the expiration of the particular period specified in § 455-3 hereof, or otherwise at any time to erect, construct, use or maintain any pipe, conduit, drain or other facility for the discharge of sanitary sewage into the gutters of the Township, the storm sewers of the Township or upon public or private property or otherwise, except into the sewer system.
B. 
Any person who erects, constructs, uses or maintains a privy, cesspool, sinkhole, septic tank or other facility on any property accessible to the sewer system, or otherwise erects, constructs, uses or maintains any pipe, conduit, drain or other facility for the discharge of sanitary sewage in violation of this article, shall be deemed, and shall be declared to be erecting, constructing and maintaining a nuisance, which nuisance the Township is hereby authorized and directed to abate in the manner provided by law.
C. 
Persons with sewer pumps, ejectors, etc., required to pump sewage from a lower level to the Township Sewer System may retain a septic system as a backup in the event of electrical failure.
[Amended 6-13-1963 by Ord. No. 207; 11-17-1987 by Ord. No. 456]
No privy vault, cesspool, sinkhole or similar receptacle for human excrement shall hereafter be maintained upon any premises from which connection with the sewer system shall have been made, or upon any premises that is within 250 feet, or less, of any approved, accessible sewer line, unless such septic system is constructed for emergency backup in case of electrical failure. (See § 455-4 above.) Every such privy vault, cesspool, sinkhole or other receptacle shall, within 60 days after final enactment of this amendment in the case of premises now connected with a sewer, and within 60 days after connection with a sewer, in the case of premises hereafter so connected, be abandoned, cleansed and filled, and shall then be inspected by an agent appointed by the Board of Commissioners. In addition to the fine, costs and penalties that may be imposed upon persons violating this section, any such privy vault, cesspool, sinkhole or other such receptacle not abandoned, cleansed and filled as required by this section shall constitute a nuisance and such nuisance may be abated on order of the Board of Health as provided by law, at the expense of the owner of such property.
No connection shall be made to the sewer system, except in compliance with the ordinances and resolutions, as well as such rules and regulations as may, from time to time, be enacted, adopted, approved or promulgated by the Township or the Authority.
After the expiration of the particular periods specified in § 455-3 of this article, if any owner of an occupied building on property accessible to the sewer system shall have failed to connect such property with the sewer system as required by said § 455-3, it shall be the duty of the sewer manager, if any, to so report to the Township. Upon any such failure to connect, the Township shall cause to be served on the owner of such property so failing to connect to said sewer system, and also upon the occupants of the building in question, a copy of this article and a written or printed notice requiring such connection to be made, and such notice shall further state that its requirements shall be complied with within 60 days from the date thereof.
[Amended 11-17-1987 by Ord. No. 456; 12-8-1988 by Ord. No. 465[1]]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, together with the costs of prosecution, and, in default of payment of such fine and costs, shall be subject to imprisonment for a term not to exceed 30 days. Each thirty-day period during which such violation of such provision shall continue shall be deemed to be a separate offense. Each occupied building, as hereinbefore defined, whether or not the owners thereof shall be permitted to connect two or more occupied buildings or units by a single common connection to a lateral of the sewer system or shall be required to make separate connections for each occupied building or unit, shall constitute a separate and distinct unit under the provisions of this article, and the persons owning occupied buildings, consisting of multiple units contained in the same structure, who violate any of the provisions of this article, shall be subject to the aforesaid fine for each and every one of such occupied buildings or units which are in violation of the provisions of this article and in default of payment of any fine.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 11-17-1987 by Ord. No. 456]
The Township hereby grants to the Authority all and every easement, right-of-way and all other rights necessary and desirable and permits on, over or under the public streets, sidewalks and alleys for the purpose of constructing the sewer system therein.