[Adopted 4-27-2015 by Ord. No. 2015-04]
A.
This article shall be known and may be referred to as the "Route
100 Sanitary Sewer District Ordinance of Upper Uwchlan."
B.
The purpose of this article is to promote, protect, preserve and
otherwise provide for the public health, safety and welfare by providing
for the creation of the Route 100 Sanitary Sewer District and requiring
connection to public sewers for all residential properties adjoining
or adjacent to (or whose principal building is a dwelling within 150
feet of) an existing or future sanitary sewer line.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this article shall be as
follows:
With respect to a real property, that the real property adjoins
or is adjacent to either:
The Upper Uwchlan Municipal Authority which operates the
wastewater collection, treatment and disposal facilities owned by
the Township.
The Board of Supervisors of Upper Uwchlan Township, the governing
body of the Township.
That part of the sewage drainage system extending from any
permitted building to the lateral of the Route 100 public sewer.
The rated ability of the plant to receive and effectively
treat and dispose of a specified load. When the term is used in reference
to a pump station or sewer system, the term refers to the rated ability
to effectively convey a specified load.
Any real property within the Route 100 Sanitary Sewer District
which is improved with a building intended to be used wholly or in
part for the purposes of carrying on a trade, business or profession
or for social, amusement, religious, educational, charitable or public
uses.
The Commonwealth of Pennsylvania.
The Pennsylvania Department of Environmental Protection.
An equivalent dwelling unit, a measure of wastewater flow
anticipated to be received from a single-family dwelling or the equivalent
(225 gallons per day per EDU).
Any real property within the Route 100 Sewer District improved
with a building intended to be used wholly or in part for the manufacturing,
fabricating, processing, cleaning, laundering or assembly of any product,
commodity or article.
Any solid, liquid or gaseous substance or waterborne wastes
or form of energy rejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovery or processing
of natural resources, as distinct from domestic sanitary sewage.
That part of the Route 100 public sewer extending from a
sewer main, located in the street right-of-way or off-street easement,
to the building side of the building sewer serving a permitted building
and connected to or to be connected with the building sewer. If there
is no permitted building on a property, "lateral" shall mean that
part of the Route 100 public sewer extending from the sewer main to
the street right-of-way or off-street easement line for future connection
to the building sewer, if and when the property is improved with a
permitted building.
Any person vested with ownership, legal or equitable, sole
or partial, of any real property subject to this article.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority or other group
or entity. Whenever used in any provision of this article prescribing
and imposing a penalty or imposing a fine or imprisonment, "person"
shall include the members of an association, partnership or firm and
the officers of any agency or municipal, public or private corporation
for profit or not for profit.
The Route 100 Wastewater Treatment Facility owned by the
Township and operated by the Authority, located in the Township on
Fellowship Road and having a mailing address of 275 Fellowship Road,
Chester Springs, PA 19425, to which plant sanitary sewage, collected
and conveyed by the Route 100 public sewer, is treated and disposed.
Any real property within the Route 100 Sanitary Sewer District
improved with a dwelling.
The plant and all parts, facilities and other appurtenances,
including laterals, owned by the Township and operated by the Authority,
for the collection, conveyance, treatment and/or disposal of sanitary
sewage through means approved by the Department.
All of those real properties in the Township which are accessible
to the Route 100 public sewer.
Has the same meaning as set forth in the Pennsylvania Sewage
Facilities Act, 35 P.S. § 750.1 et seq., as amended, and
the rules and regulations of the Department adopted pursuant to such
Act.
The specifications for the construction and maintenance of
building sewers and laterals and the connection of the same to a wastewater
treatment facility owned by the Township, including, without limitation,
the Route 100 public sewer, set forth in the Authority document, prepared
by the ARRO Group, Inc., entitled "Technical Specifications for Construction
of Sanitary Sewers and Appurtenances." Without limiting, but in furtherance
of, the other applicable requirements of this article, the "technical
specifications," for purposes of the Pennsylvania Construction Code
Act, as amended, 35 P.S. §§ 7210.101 through 7210.1103,
where such Construction Code Act is applicable, shall constitute standards
containing provisions which equal or exceed the requirements of the
regulations promulgated under the Construction Code Act, the International
Residential Code or the International Plumbing Code, for lateral connections
located on private property and connecting to the public sewer (and,
for purposes of the foregoing, "lateral connections" shall include
a "lateral" and a "building sewer" as those terms are defined herein).
The Township of Upper Uwchlan, Chester County, Pennsylvania,
and, as applicable, such Township acting by and through the Board
of Supervisors or, in appropriate cases, authorized representatives.
The professional engineer, licensed as such by the commonwealth,
duly appointed and employed by the Township to act as its engineer
or engaged by the Township as a consultant thereto.
The Route 100 Sanitary Sewer District is hereby established
and shall consist of and include all real properties located in the
Township which are accessible to the Route 100 public sewer.
A.
Mandatory connection. Subject to the terms of this article, the owner
of any residential property located within the Route 100 Sanitary
Sewer District which adjoins or is adjacent to the Route 100 public
sewer or whose principal building is a dwelling which is within 150
feet of the Route 100 public sewer shall connect to and use the Route
100 public sewer within 60 days after notice from the Authority to
make such connection and use is served upon the owner.
(1)
The notice of connection referred to herein shall be in writing,
shall refer to this article, and shall require connection to the Route
100 public sewer within 60 days from the date of the notice or such
greater time as the Authority may determine to be reasonable and necessary.
The notice of connection shall be served upon the owner of record
of each residential property by personal service or by registered
mail or by such other method as at the time may be provided by law.
(2)
In the event the owner of a residential property who has been served
with notice to connect but fails to connect to and use the Route 100
public sewer within the sixty-day period (or such greater period as
may be specified in the notice of connection), the Township, at its
discretion, shall have the right, but not the duty, by itself or through
agents thereof, including the Authority, to enter upon the residential
property and construct the connection. In such case, the Township
shall, upon completion of the connection, send a bill to the owner
with an itemization of the costs of constructing the connection, which
bill shall be payable in full immediately upon receipt by the owner.
Should the owner fail to pay the bill or any part thereof, the Township
shall have the right to collect the same in the manner permitted and
pursuant to applicable law, including, but not limited to, the filing
of a municipal claim and lien therefor.
B.
Future connection. The owner of any real property which is accessible
to the Route 100 public sewer but which is unimproved on the effective
date of this article and which subsequently becomes improved with
a dwelling so as to become a residential property, shall, at the time
of the erection of the dwelling, install sanitary facilities in the
building and connect the same to the Route 100 public sewer and use
the Route 100 public sewer for the purpose of discharging all sanitary
sewage from the property.
C.
Connection at owner's expense. The connection to and use of the Route 100 public sewer pursuant to Subsections A and B above, as well as the installation of all sanitary facilities within the dwelling under Subsection B, shall be at the sole expense of the owner of the residential property and under and subject to all applicable rules, regulations and requirements as implemented from time to time by the Township and/or Authority, and otherwise as provided for by this article. Such expenses shall include, but not be limited to:
(1)
The cost of obtaining a sanitary sewer permit with the fee for such
permit to be established and revised, from time to time, by resolution
of the Authority;
(2)
The cost of construction of a building sewer;
(3)
The cost of connecting a building sewer to the Route 100 public sewer;
(4)
All inspection fees; and
(5)
If applicable, the cost of disconnecting and abandoning any on-site
septic system or other sewage disposal system or device.
A.
The owner of any commercial property, or industrial property which
is accessible to the Route 100 public sewer, irrespective of the distance
from the principal building to the Route 100 public sewer, who desires
to connect to and use the Route 100 public sewer for the purposes
of discharging all sanitary sewage and/or industrial waste from such
property, shall be permitted to connect to and use the Route 100 public
sewer for such purpose, provided 1) the Authority determines the plant
has sufficient capacity to accept, treat and dispose of such sanitary
sewage and/or industrial waste without adversely affecting or limiting
the plant's ability to handle sewage generated by residential properties
within the Route 100 Sanitary Sewer District, and, further provided,
in the case of industrial waste, 2) that the industrial waste is properly
and sufficiently pretreated as may be required by the applicable rules,
regulations and requirements of the Township and/or Authority.
B.
The owner of any commercial property, or industrial property which
is not accessible to the Route 100 public sewer, irrespective of the
distance from the principal building to the Route 100 public sewer,
who desires to connect to and use the Route 100 public sewer for the
purposes of discharging all sanitary sewage and/or industrial waste
from such property, shall be permitted to connect to and use the Route
100 public sewer for such purpose, provided 1) the owner, at owner's
sole expense, is able to arrange for connection to the Route 100 public
sewer through intervening real properties, 2) the Authority determines
the plant has sufficient capacity to accept, treat and dispose of
such sanitary sewage and/or industrial waste without adversely affecting
or limiting the plant's ability to handle sewage generated by residential
properties within the Route 100 Sanitary Sewer District, and, further
provided, in the case of Industrial Waste, 3) that the industrial
waste is properly and sufficiently pretreated as may be required by
the applicable rules, regulations and requirements of the Township
and/or Authority.
C.
Connection at owner's expense. The connection to and use of the Route 100 public sewer pursuant to Subsections A and B above shall be at the sole expense of the owner of the applicable real property and under and subject to all applicable rules, regulations and requirements as implemented from time to time by the Township and/or Authority, and otherwise as provided for by this article. Such expenses shall include, but not be limited to:
(1)
The cost of obtaining a sanitary sewer permit with the fee for such
permit to be established and revised, from time to time, by resolution
of the Authority;
(2)
The cost of construction of a building sewer;
(3)
The cost of connecting a building sewer to the Route 100 public sewer;
(4)
If applicable, the cost of obtaining an easement or right-of-way
to cross intervening real property(ies);
(5)
All inspection fees; and
(6)
If applicable, the cost of disconnecting and abandoning any on-site
septic system.
A.
Sanitary sewer permit.
(1)
No person shall uncover, connect with, make any opening into, use,
alter or disturb, in any manner, any building sewer, the Route 100
public sewer or any part thereof, without first obtaining a sanitary
sewer permit, in writing, from the Authority.
(2)
Application for a sanitary sewer permit shall be made by the owner
of the affected real property or by an agent duly authorized in writing
to act for the owner. The form and content of the sanitary sewer permit
application shall be established, from time to time, by the Authority.
(3)
Fees for a sanitary sewer permit shall be paid at the time of application
in accordance with a fee schedule adopted by resolution of the Authority.
The fee schedule may be revised from time to time by resolution of
the Authority.
B.
Prerequisites for connection to the Route 100 public sewer. No person
shall make, or shall cause to be made, any connection to the Route
100 public sewer until such person shall have fulfilled all of the
following conditions:
(1)
Where connection is in response to a notice to connect received from
the Authority, such person shall have notified the Authority of the
person's intention to comply with such notice and connect a residential
property to the Route 100 public sewer.
(2)
Where connection is permitted under § 141-18 above, such person shall have notified the Authority of the desire to connect to the Route 100 public sewer and the Authority has issued a written determination to the person that the plant has adequate capacity to accept, treat and discharge the sanitary sewage or industrial waste from the person's property.
(3)
Such person shall have applied for and obtained a sanitary sewer
permit.
(4)
Such person shall have paid, in full, the connection charges as provided
herein, together with any other applicable fees or charges including,
but not limited to, tapping fees.
(5)
Such person shall have given the Authority at least 48 hours' advance
notice of the time when such connection will be made so that the Authority
may supervise and inspect, or may cause to have supervised and inspected,
the work of the connection and necessary testing, such notification
to be given to the official or representative designated from time
to time by the Authority membership to receive such notification.
C.
All connections to be in accordance with the technical specifications;
location of connection; owner to bear all costs.
(1)
No person shall make, or cause to be made, any connection to the
Route 100 public sewer except in accordance with the technical specifications
and all other applicable rules, regulations and requirements adopted
by the Authority, as the same may be revised from time to time.
(2)
A building sewer shall be connected to the Route 100 Pubic Sewer
at the place designated by the Authority and, where, if applicable,
the lateral is provided, subject to and in accordance with the technical
specifications and all other applicable rules, regulations and requirements
adopted by the Authority.
(3)
All costs and expenses of construction of a building sewer and all
costs and expenses of connection of a building sewer to the Route
100 public sewer shall be borne by the owner of the real property
to be connected.
A.
Existing sewer line as a building sewer. Where an improved property,
at the time its connection to the Route 100 public sewer is to be
made, is served by an existing on-site septic system or other sewage
disposal system or sewage disposal device, the existing sewer line
shall be disconnected on the building side of such on-site septic
system or sewage disposal system or sewage disposal device and connection
shall be made, with proper fittings, to continue such sewer line as
a building sewer subject to and in accordance with the technical specifications
and all other applicable rules, regulations and requirements.
B.
Inspection and approval of building sewers.
(1)
No building sewer connection, maintenance, repair and/or replacement
shall be covered until it has been inspected and approved by the Authority
and as provided in and by the technical specifications and all other
applicable rules, regulations and requirements. If any part of a building
sewer is covered before being so inspected and approved, it shall
be uncovered, at the cost and expense of the owner of the real property
in question, for such inspection and approval.
(2)
All such inspections and approval by the Authority shall be at the
cost and expense of the owner of the real property in question.
(3)
All such inspections by the Authority shall be undertaken by the
Township Engineer and shall be completed not less than 72 hours after
the Authority is given notice by the owner of the real property in
question that the uncovered building sewer is ready for inspection.
(4)
Unless otherwise directed by the Board of Supervisors, all such approvals
by the Authority shall be given by the Township Engineer.
C.
Maintenance, repair and/or replacement of building sewers. It shall
be the responsibility of the owner of any improved property subject
to this article, at the expense of such owner, to maintain every building
sewer at all times in a sanitary and safe operating condition, and
to repair and replace the same as shall be necessary. Such maintenance,
repair or replacement shall be in accordance with the technical specifications
and all other applicable rules, regulations and requirements.
D.
Building sewer excavations. Every excavation for a building sewer
shall be guarded adequately with barricades and lights to protect
all persons from damage and injury, and any street, sidewalk and other
property disturbed in the course of the connection, maintenance, repair
and/or replacement of a building sewer shall be restored. Such guarding,
excavation and restoration shall be at the sole cost and expense of
the owner of the affected real property, shall be in a manner satisfactory
to the Authority, and otherwise subject to and in accordance with
the technical specifications and all other applicable rules, regulations
and requirements.
E.
Unsatisfactory condition of building sewers. If any person shall
fail or refuse, within 30 days of being served with a written notice
from the Authority to remedy any unsatisfactory condition, including,
but not limited to, inflow and infiltration, with respect to a building
sewer, the Authority may but is not obligated to refuse to permit
such person to discharge, or to continue to discharge, sanitary sewage
and/or industrial waste into the Route 100 public sewer until such
unsatisfactory condition shall have been remedied in a manner satisfactory
to the Authority and otherwise subject to and in accordance with the
technical specifications and all other applicable rules, regulations
and requirements. Such right of refusal shall be in addition to any
and all other remedies as may be available to the Authority to correct
the unsatisfactory condition.
The owner of a real property connecting to the Route 100 public
sewer shall indemnify, defend and save harmless the Township, the
Board of Supervisors, the Authority, the members of the Authority,
and the agents, servants, representatives and employees of the Township
and Authority, from and against any and all loss or damage, including
but not limited to personal injury (including death), property damage,
monetary loss, court costs and professional expenses, which are or
may be occasioned by or result from, directly or indirectly, the construction
of a building sewer, the connection of a building sewer to the Route
100 public sewer and/or the collection, conveyance, treatment and
disposal of sanitary sewage or industrial waste generated by or upon
such owner's real property.
A.
Fines and penalties.
(1)
Any person who fails or refuses to comply with any provision of this
article shall be in violation of this article, which violation shall
be enforced by action brought before a Magisterial District Judge
in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure.
(2)
Upon conviction, such person shall pay a fine of not less than $100
and not more than $1,000 (or such other maximum fine as then may be
provided or permitted by applicable law) per violation, together with
costs of prosecution, including, but not limited to, reasonable attorney's
fees, in each case. Upon default in payment of the fine and costs,
such person shall be subject to imprisonment to the maximum extent
allowed by law for the punishment of summary offenses.
(3)
Each day, or portion thereof, that a violation is found to exist,
and each provision of this article that is found to have been violated,
shall constitute a separate offense each punishable by the aforesaid
fine and imprisonment.
(4)
All fines and costs collected for the violation of this article shall
be paid to the Township.
B.
Other remedies. The provisions of Subsection A above (including, but not limited to, the manner of enforcement of a violation of this article and the fine and the penalty for such violation) shall not be in limitation of, but shall be in addition to:
(1)
Such other or further remedies or enforcement actions as may be available
to the Township and/or Authority under other provisions of this article
or under other law (including, but not limited to, other applicable
local, state or federal law) or in equity (including, but not limited
to, injunctive relief) for any actions or inactions which violate
any provision of this article. Nothing in this section or other provision
of this article shall be deemed to preclude the Township and/or Authority
from pursuing such other or further remedies concurrently.
(2)
Such other or further remedies or enforcement actions as may be available
to any governmental entity, other than the Township, having jurisdiction,
under any applicable local, state, or federal law, or in equity (including,
but not limited to, injunctive relief), for any actions or inactions
which violate any provision of this article.
