[Ord. 99, 5/8/1973, § 1.01]
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this Part 12 shall be as follows:
AUTHORITY
Strasburg, Lancaster County, Borough Authority, a Pennsylvania municipality authority.
BUILDING SEWER
The extention from the sewage drainage system of any structure to the Lateral of a Sewer.
BOROUGH
The Borough of Strasburg, Lancaster County, Pennsylvania, a municipality of the Commonwealth of Pennsylvania, acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.
IMPROVED PROPERTY
Any property located within this Borough upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use or human beings or animals and from which structure Sanitary Sewage and/or Industrial Wastes shall be or may be discharged.
INDUSTRIAL ESTABLISHMENT
Any room, group or rooms, building or other enclosure used or intended for use, in whole or in part, in the operation of a business enterprise for the manufacturing, fabricating, processing, cleaning, laundering or assembling of any product, commodity or article, or from which any process waste, as distinct from Sanitary Sewage, shall be discharged.
INDUSTRIAL WASTES
Any solid, liquid or gaseous substance or water borne wastes or form of energy rejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from Sanitary Sewage.
LATERAL
That part of the Sewer System extending from a sewer to the curb line or, if there shall be no curb line, 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.
OWNER
Any Person vested with ownership, legal or equitable, sole or partial, of any Improved Property.
PERSON
Any individual, partnership, company, association, society, trust, corporation or other group or entity.
SANITARY SEWAGE
Normal water-carried household and toilet wastes discharged from any Improved Property.
SEWER
Any pipe, main or conduit constituting a part of the Sewer System used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting, transporting, pumping, treating and disposing of Sanitary Sewage and Industrial Wastes, situate in or adjacent to this Borough, owned by the Authority and leased to this Borough for operation and use.
[Ord. 99, 5/8/1973, Art. II]
1. 
The owner of any Improved Property benefited, improved or accommodated by a Sewer shall connect such Improved Property with such Sewer, in such manner as this Borough may require, within 45 days after notice to such Owner from this Borough to make such connection, for the purpose of discharge of all Sanitary Sewage and Industrial Wastes from such Improved Property, subject to such limitations and restrictions as shall be established by this Borough, from time to time.
2. 
All Sanitary Sewage and Industrial Wastes from any Improved Property, after connection of such Improved Property with a Sewer shall be required under § 102(1), shall be conducted into a Sewer, subject to such limitations and restrictions as shall be established herein or as otherwise shall be established by this Borough, from time to time.
3. 
No Person shall place or deposit or permit to be placed or deposited upon public or private property within this Borough any Sanitary Sewage or Industrial Wastes in violation of § 102(1).
No Person shall discharge or permit to be discharged to any natural outlet within this Borough any Sanitary Sewage or Industrial Wastes in violation of § 102(1), except where suitable treatment has been provided which is satisfactory to this Borough.
4. 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or maintained at any time upon any Improved Property which has been connected to a Sewer or which shall be required under § 102(1) to be connected to a Sewer.
Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this Borough, shall be cleansed and filled at the expense of the owner of such Improved Property and under the direction and supervision of this Borough; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Borough, 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.
5. 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a Sewer.
6. 
The notice by this Borough to make a connection to a Sewer, referred to in § 102(1), shall consist of a copy of this Part 1, 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 Ordinance and specifying that such connection shall be made within 45 days from the date such notice is given. Such notice may be given at any time after a Sewer 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 other method as at the time may be provided by law.
[Ord. 99, 5/8/1973, Art. III; as amended by Ord. 1999-4, 6/8/1999, § 1]
1. 
No person shall connect any improved property with any part of the sewer system without first making application for and securing a permit, in writing, from the Borough and complying with all of the requirements of this Chapter and all applicable Authority resolutions.
A. 
An application for a permit shall be made on a form to be provided by the Borough. All tapping, connection and customer facilities fees imposed by resolution of the Authority, together with any permit processing fee imposed by the Borough, shall be paid at the time application is made for a permit to connect to the sewer system.
B. 
A permit for connection to the sewer system shall be valid for a period of one year from the date of the permit.
C. 
If a person who has obtained a permit authorizing the connection of a proposed improved property with the sewer system elects to abandon development, such person may return the permit to the Borough and request a refund of the tapping, connection and customer facilities fees paid to the Authority. No refund of the permit processing fee shall be made. The Authority may return the tapping, connection and customer facilities fees as and to the extent set forth in applicable Authority resolutions. If such person elects to proceed with construction in the future, such person shall make a new application for a permit to connect to the sewer system and shall pay all tapping, connection and customer facilities fees imposed by the Authority and all permit fees imposed by the Borough in effect at the time such person makes reapplication for a permit.
D. 
If a person who is required by the Borough under any applicable mandatory connection ordinance to connect an improved property to the sewer system has obtained a permit authorizing such connection but has failed or refused to connect such improved property to the sewer system before the expiration of the permit, such person shall be required to obtain a new permit and to pay (i) the difference between the tapping, connection and customer facilities fees paid at the time the original permit was issued and the tapping, connection and customer facilities fees payable at the time reapplication is made to the Authority and (ii) the then in effect permit fee to the Borough.
2. 
Each Person who desires to connect an improved property to the sewer system shall pay a connection fee. The amount of the connection fee for each individual connection to the sewer system shall be the actual cost incurred by the Authority and/or the Borough, including the cost of inspection and restoration of the property. The owner of the improved property shall deposit with the Authority or the Borough the sum of $1,500 to be placed in escrow in order to insure reimbursement of the Authority's and/or the Borough's actual costs in connecting owner's improved property to the sewer system. In the event the actual expenses incurred by the Authority and/or the Borough in connecting the owner's improved property to the sewer system exceed $1,500, the owner shall pay such excess amount within 30 days of receipt of the Authority's or the Borough's invoice for such expenses. In the event that the actual expense incurred by the Authority and/or the Borough in connecting the owner's improved property to the sewer system is less than $1,500, the Authority or the Borough shall refund such excess amount, without interest, to the owner.
3. 
No person shall make or cause to be made a connection of any Improved Property with a Sewer until such Person shall have fulfilled each of the following conditions:
A. 
Such Person shall have notified the Secretary of this Borough of the desire and intention to connect such Improved Property to a Sewer.
B. 
Such Person shall have applied for and obtained a permit as required by § 103(1).
C. 
Such Person shall have given the Secretary of this Borough at least 24 hours' notice of the time when such connection will be made so that this Borough may supervise and inspect the work or connection and necessary testing.
D. 
Such Person shall have furnished satisfactory evidence to the Secretary of this Borough that any tapping fee charged and imposed by the Authority against the Owner of each Improved Property who connects such Improved Property to a Sewer has been paid.
4. 
Except as otherwise provided in this § 103(4), 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 and then only after special permission of this Borough, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by this Borough.
5. 
All costs and expenses of construction of a Building Sewer and all costs and expenses of connection of a Building Sewer to a Sewer, including testing, shall be borne by the Owner of the Improved Property to be connected; and such Owner shall indemnify and save harmless this Borough from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a Building Sewer or of connection or a Building Sewer to a Sewer.
6. 
A Building Sewer shall be connected to a Sewer at the place designated by this Borough and where 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.
7. 
If the owner of any Improved Property benefited, improved or accommodated by a Sewer, after 45 days' notice from this Borough requiring the connection of such Improved Property with a Sewer, in accordance with § 102(1), shall fail to connect such Improved Property, as required, this Borough may make such connection and may collect from such Owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.
[Ord. 99, 5/8/1973, Art. IV]
1. 
Where an Improved Property, at the time connection to a Sewer is required, shall be served by its own sewage disposal system or device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or device and attachment shall be made, with proper fittings, to continue such house sewer line, as a Building Sewer.
2. 
No Building Sewer shall be covered until it has been inspected and approved by this Borough. 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.
3. 
Every Building Sewer of any Improved Property shall be maintained in a sanitary and safe operating condition by the Owner of such Improved Property.
4. 
Every excavation for a Building Sewer shall be guarded adequately with barricades and lights to protect all Persons from damage and injury. Streets, sidewalks and all other public property disturbed in the course of installation of a Building Sewer shall be restored, at the cost and expense of the Owner of the Improved Property being connected, in a manner satisfactory to the Borough.
5. 
If any Person shall fail or refuse, upon receipt of a notice from this Borough, in writing, to remedy any unsatisfactory conditions with respect to a Building Sewer, within 45 days of receipt of such notice, this Borough may refuse to permit such Person to discharge Sanitary Sewage and Industrial Wastes into the Sewer System until such unsatisfactory conditions shall have been remedied to the satisfaction of this Borough.
6. 
This Borough 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 the Sewer System, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as a part of this Part 1.
[Ord. 99, 5/8/1973, Art. V; as amended by Ord. 1988-2, 6/14/1988; and by Ord. 1999-4, 6/8/1999, § 2]
1. 
Any person who or which shall violate or shall assist or permit any other person to violate any of the provisions of this Part shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $1,000.
2. 
In addition to or in lieu of the penalties provided in subsection (1) hereof, the Borough may commence actions to collect fees which are due and payable under this Part and/or may file a municipal claim for the unpaid fees, plus costs of collection including the reasonable attorneys' fees incurred by the Borough, against the improved property. Any violation of this Part may be abated by proceeding against the violator in a court of equity for relief.
[Ord. 99, 5/8/1973, Art. VIII]
It is declared that the enactment of this Part 1 is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Borough.