[Adopted 8-23-1988 by Ord. No. 88-5 (Ch. 18, Part 2, of the
1991 Code of Ordinances)]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms and phrases used in this article shall be as
follows:
Fairview Township Authority, a municipality authority incorporated
pursuant to the provisions of the Municipality Authorities Act of
1945, approved May 2, 1945, P.L. 382, as amended and supplemented,
of the commonwealth.[1]
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 in 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.
Includes any street, road, lane, court, cul-de-sac, alley,
public way or public square.
The Township of Fairview, York 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 now Municipality Authorities Act, 53 Pa.C.S.A.
§ 5601 et seq.
A.
The owner of any improved property adjoining or adjacent to or 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
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.
[Amended 1-6-2014 by Ord.
No. 2014-1]
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 to 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 Subsection A. 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 B, except where suitable treatment has been provided which is satisfactory to this Township.
D.
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. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned, cleansed and 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, 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.
E.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle
at any time shall be connected with a sewer.
F.
The notice by this Township to make a connection to a sewer, referred to in Subsection A, shall consist of a copy of this article, including any amendments 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 article 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.
[Amended 4-13-1993 by Ord. No. 93-1]
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.
(5)
Such person shall have paid the Township an inspection fee, the amount
of which shall be established from time to time by resolution of the
Board of Supervisors.
D.
Except as otherwise provided in this Subsection D, 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 § 232-9, 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 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 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 article.
[Amended 4-26-1989 by Ord. No. 89-3; 5-14-1991 by Ord. No. 91-2; 8-13-1996 by Ord. No. 96-5]
Any person found to be in violation of this article shall pay
a fine of not more than $1,000. The person specifically authorized
by the Board of Supervisors of Fairview Township shall determine in
each instance whether a violation has occurred under this article.
Upon determination that a violation has occurred, the officer or other
person designated by the Board of Supervisors shall impose a fine
upon the violator and shall give the violator written notice by United
States mail or in person of the violation and the imposition of the
fine. If the violator fails to pay the fine within the time specified
in the notice of violation, the authorized person may institute a
civil enforcement proceeding on behalf of the Township, and any person
found to be in violation shall pay the fine as set forth above plus
all court costs and reasonable attorney's fees incurred by the
Township in the civil enforcement proceeding. Each day that a violation
of this article continues shall constitute a separate offense.
