[Ord. 134, 6/6/2005, § 301]
1. 
Short Title. This Part shall be known and may be cited as the "Public Sanitary Sewage System Ordinance of East Coventry Township."
2. 
Purpose. The purpose of this Part is to promote, protect, preserve, and otherwise provide for the public health, safety and welfare by providing for public sanitary sewage systems within East Coventry Township and related matters, including, but not limited to, requiring or permitting the connection with and use of public sanitary sewage systems by certain improved properties, providing for connections to and extensions and use of public sanitary sewage systems, establishing a sanitary sewer district, and providing for connection charges and sewer rental fees.
[Ord. 134, 6/6/2005, § 302; as amended by Ord. 138, 12/18/2006, § 1; and by Ord. 144, 4/14/2008, § 1]
1. 
General.
A. 
The captions and headings used in this Part are for convenience only and shall not control or affect the meaning or construction of any provision of this Part.
B. 
Unless otherwise expressly stated, or where the context clearly indicates otherwise, the words and phrases defined in this Part, whether with initial capitalization, full capitalization, or otherwise, shall be construed throughout this Part to have the meanings indicated in this section.
C. 
The present tense of any word or phrase used in this Part includes the future; the singular number includes the plural, and the plural the singular; and the masculine gender includes the feminine and neuter.
D. 
Unless specifically provided otherwise in this Part, any reference in this Part to any other ordinance of the Township, to any federal, state or county law or statute, to any regulation, study, map, survey, report, specifications or other matter issued or prepared by the Township, or any officer of official thereof, and/or by any federal, state or county public body, or any officer or official thereof, shall include such other ordinance, such law or statute, and such regulation, study, map, survey, report, specifications or other matter, with all amendments and supplements thereto, and any new ordinance, law, statute, regulation, study, map, survey, report, specifications or other matter substituted for the same, as in force at the time of application under this Part.
E. 
Unless specifically provided otherwise herein, any reference in this Part to any governmental agency, department, board, commission or other public body, or to any public officer or other public official, shall include an entity or official which or who succeeds to substantially the same functions as those performed by such public body or official at the time of application under this Part.
F. 
The provisions of this Part shall be liberally construed to effectively carry out its purposes. In interpreting and applying the provisions of this Part, the provisions shall be held to be the minimum requirements for the promotion of such purposes.
G. 
Where the provisions of this Part impose greater restrictions than those of any other applicable ordinance or regulation of the Township, the provisions of this Part shall prevail and control. Where the provisions of any other applicable ordinance or regulation of the Township or any applicable state or federal statute or regulation impose greater restrictions than this Part, the provisions of such other applicable Township ordinance or regulation or such applicable state or federal statute or regulation shall prevail and control.
H. 
In the event of any inconsistency or conflict between or among the provisions of this Part, the provision or provisions imposing the greater or greatest restriction shall prevail and control.
2. 
Specific Definitions. As used in this Part, the following words and phrases shall have the meanings indicated below except where the context specifically and clearly indicates otherwise:
ACCESSIBLE TO A PUBLIC SEWER
With respect to a property, shall mean that the property adjoins, abuts on or is adjacent to (i) a public sewer or (ii) a street or off-street easement in which a public sewer is located.
APPLICABLE RULES, REGULATIONS AND REQUIREMENTS
All Township, Health Department, Commonwealth (including, but not limited, to PaDEP), and/or federal rules, regulations and requirements, which are applicable to a particular construction, installation, maintenance, work or other activity regulated, provided for, required or allowed by, or otherwise subject of or to this Part. Without limiting the generality of the foregoing, APPLICABLE RULES, REGULATIONS AND REQUIREMENTS shall include the Township Technical Specifications. In the event of any inconsistency or conflict between or among any such Township, Health Department, Commonwealth and/or federal rules, regulations and requirements, the rule, regulation or requirement, which imposes the greater or greatest restriction, shall prevail and control.
AUTHORITY
The North Coventry Municipal Authority, a Pennsylvania municipality authority, which owns and operates the wastewater treatment plant.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township, the governing body of the Township.
BUILDING SEWER
That part of the drainage system of a structure, extending from the structure to the edge of the public right-of-way or off-street easement where it connects to the lateral, into which part waste from the structure shall or may be discharged.
[Amended by Ord. No. 2023-261, 6/12/2023]
COMMONWEALTH
The Commonwealth of Pennsylvania.
CONSTRUCTION CODE ACT
The Pennsylvania Construction Code Act, Act of November 10, 1999, P.L. 491, No. 45, as amended, 35 P.S. §§ 7210.101 -- 7210.1103.
EDU
An equivalent dwelling unit, a measure of wastewater flow anticipated to be received from a single-family dwelling unit or the equivalent.
EDU ALLOCATION RESOLUTION
The resolution adopted from time to time by the Board of Supervisors, establishing and otherwise providing criteria allocating EDUs to improved properties according to use.
HEALTH DEPARTMENT
The Health Department of Chester County, Pennsylvania.
IMPROVED PROPERTY
Any property within the 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 or may be discharged.
INDUSTRIAL ESTABLISHMENT
Any improved property located in the 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 or may be discharged.
INDUSTRIAL WASTES
Any and all wastes discharged from an industrial establishment, other than sanitary sewage.
INTERNATIONAL RESIDENTIAL CODE
The "International Residential Code" as such term is defined and/or used in the Construction Code Act and the regulations promulgated thereunder.
INTERNATIONAL PLUMBING CODE
The "International Plumbing Code" as such term is defined and/used in the Construction Code Act and the regulations promulgated thereunder.
LATERAL
That part of the public sewer drainage system extending from a sewer main located in the street right-of-way or off-street easement to the edge of the public right-of-way or off-street easement where it connects with the structure-side of the building sewer serving an improved property and connected or to be connected with the building sewer. If there are no present improvements on a property, "lateral" shall mean that part of the public sewer extending from said sewer main to the street right-of-way line or off-street easement line for future connection to the building sewer, if and when the property is improved.
[Amended by Ord. No. 2023-261, 6/12/2023]
NATURAL OR CREATED OUTLET
Any outlet, whether naturally occurring or created, to a watercourse, ditch, pond, lake or other body of surface or ground water.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PADEP
The Department of Environmental Protection of the Commonwealth.
PART
This Part 3 of the Code of Ordinances of the Township of East Coventry, including any appendix to this Part 3 and any resolution adopted pursuant to or referred to in this Part 3.
PERSON
Any individual, partnership, company, association, society, trust, corporation, municipality, municipality authority or other group or entity. Whenever used in any provision of this Part 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 local agency or municipal, public or private corporation for profit or not for profit.
PUBLIC SEWER
Any off-site system, including all parts, facilities and other appurtenances thereof (including laterals), owned and/or operated by the Township, for the collection, conveyance, treatment and/or disposal of sanitary sewage and/or industrial wastes through means approved by PaDEP.
SANITARY SEWAGE
"Sewage" as defined in and by the Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, as amended, 35 P.S. § 750.1 et seq., and the rules and regulations of PaDEP thereunder.
TOWNSHIP
The Township of East Coventry, Chester County, Pennsylvania, acting by and through the Board of Supervisors or, in appropriate cases, authorized representatives.
TOWNSHIP ENGINEER
The professional engineer, licensed as such in the Commonwealth of Pennsylvania, duly appointed and employed as the engineer for Township or engaged by Township as a consultant thereto.
TOWNSHIP TECHNICAL SPECIFICATIONS
The specifications set forth in the document entitled "Technical Specifications for Construction of Sanitary Sewers and Appurtenances East Coventry Township," revised March 10, 2008, numbered ARRO 5222.01, and prepared by ARRO Consulting, Inc., as may be amended from time to time by resolution of the Board of Supervisors.
[Amended by Ord. No. 2020-246, 10/12/2020]
WASTEWATER TREATMENT PLANT
The wastewater treatment plant and related facilities in North Coventry Township, Chester County, Pennsylvania, owned and operated by the Authority, to which plant sanitary sewage and/or industrial waste, collected by the public sewer, is conveyed by the public sewer for treatment and disposal.
3. 
Township Technical Specifications. Without limiting, but in furtherance of, the generality of other applicable requirements of this Part, the Township Technical Specifications, for purposes of § 305 of the Construction Code Act, shall constitute standards containing provisions, which equal or exceed the requirements of the regulations, promulgated under the Construction Code Act, the International Residential Code and/or the International Plumbing Code, for lateral connections located on private property and connecting to the public sewer. For purposes of the foregoing, "lateral connections" shall include a "lateral" and a "building sewer" as those two terms are defined in Subsection 2.
[Ord. 134, 6/6/2005, § 303]
1. 
Required Connection with and Use of Public Sewers.
A. 
The owner of any improved property, which is accessible to a public sewer and whose principal structure, or any part thereof, is within 150 feet from the public sewer, shall connect the improved property to the public sewer and shall use the public sewer within 60 days, or such other additional time as may be determined appropriate by the Township, after notice from the Township to make such connection and use is served upon the owner, for the purpose of discharging all sanitary sewage and/or industrial wastes from the improved property. The notice of the Township to connect with and use the public sewer shall be in accordance with Subsection 3.
B. 
The owner of any unimproved property, which is accessible to a public sewer and which subsequently becomes an improved property with any part of the principal structure on the property being within 150 feet from the public sewer, shall, at the time of the erection of the structure, install sanitary facilities in the structure and connect the same to the public sewer and use the public sewer for the purpose of discharging all sanitary sewage and/or industrial wastes from the improved property.
C. 
The connection with and use of the public sewer under Subsections 1A and 1B above, as well as the installation of the sanitary facilities in the structure under Subsection 1B above, shall be at the expense of the owner of the improved property, subject to and in accordance with applicable rules, regulations and requirements, and otherwise subject to and in accordance with the provisions of this Part, including, but not limited to, the limitations and restrictions set forth in this Part.
2. 
Permitted Connection with and Use of Public Sewers.
A. 
The owner of any improved property accessible to a public sewer on which property no part of the principal structure is within 150 feet from the public sewer, who desires to connect with and use the public sewer for the purpose of discharging all sanitary sewage and/or industrial wastes from the improved property, shall be permitted to connect with and use the public sewer for such purpose, provided that the public sewer and wastewater treatment plant has sufficient capacity to accept, treat and dispose of the sanitary sewage and/or industrial wastes to be discharged from the improved property.
B. 
The owner of any improved property not accessible to a public sewer, but who desires to connect with and use the public sewer for the purpose of discharging all sanitary sewage and/or industrial wastes from the improved property, shall be permitted to connect with and use the public sewer for such purpose, provided that (i) the owner, at the owner's expense, is able to arrange for connection to the public sewer through intervening properties, and (ii) the public sewer and wastewater treatment plant has sufficient capacity to accept, treat and dispose of the sanitary sewage and/or industrial wastes to be discharged from the improved property.
C. 
The connection with and use of the public sewer under Subsections 2A and 2B above shall be at the expense of the owner of the improved property, subject and in accordance with applicable rules, regulations and requirements, and otherwise subject to and in accordance with the provisions of this Part, including, but not limited to, the limitations and restrictions set forth in this Part.
3. 
Notice.
[Amended by Ord. No. 2020-246, 10/12/2020]
A. 
The notice to the owner of improved property by the Township to make connection with and use a public sewer, as provided in Subsection 1, shall consist of a written or printed document referring to this Part and requiring the connection within 60 days, or such additional time as may be determined appropriate by the Township, from the date such notice is served upon the owner. The notice may be served at any time after a public sewer is in place that is able to receive and convey sanitary sewer and/or industrial wastes from the improved property to the wastewater treatment plant for treatment and disposal. The notice shall be served by personal service, regular first-class mail, certified mail and/or registered mail, whichever of such methods the Township in its discretion deems appropriate, unless a specific method is at the time required by law, in which case such specifically required method shall be used.
B. 
In the event that the owner of improved property fails to connect with and use the public sewer within such sixty-day period, or such additional time as may be determined appropriate by the Township, after the notice to connect and use has been served upon the owner, the Township, at its discretion, shall have the right, but not the duty, by itself or agents thereof, to enter upon the improved property and construct the connection. In such case, the Township shall, upon completion of the connection work, send an itemized bill of the cost of connection to the owner, which bill shall be payable in full immediately. Should the owner fail to so pay the bill, the Township shall have the right to collect the same, together with interest on the amount of such costs at the rate of 6% per annum (or such higher rate as may be permitted by law) plus a penalty of 5% on the amount of such costs, in the manner permitted and pursuant to applicable law, including, but not limited to, the filing of a municipal claim and lien therefor.
4. 
Limitations and Restrictions on Sanitary Sewage and Industrial Wastes to be Discharged into a Public Sewer. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a public sewer as may be required or permitted under Subsection 1 or 2, shall be conducted into the public sewer, subject, however, to limitations and restrictions as shall be provided in this Part and/or as otherwise may be established by the Township and/or the Authority from time to time. Such limitations and restrictions shall include, without limitation, the prohibited wastes set forth in Appendix "A" to this Part.
5. 
Sump Pumps and Other Prohibited Discharges into the Public Sanitary Sewer System.
[Added by Ord. No. 2020-239, 3/9/2020]
A. 
Intent. The intent of this § 18-303(5) is to prohibit the discharge of sump pumps and other groundwater conveyance systems into the public sanitary sewer system, to establish regulations governing the mandatory inspection of properties prior to a change of ownership of real property to ensure compliance, and to establish penalties for violations.
B. 
Prohibited Discharges.
(1) 
It shall be unlawful for any owner, occupant or user of any premises in the Township to direct or discharge into or allow any stormwater, surface water, groundwater, well water or water from industrial or commercial air-conditioning systems to drain or discharge, either directly or indirectly, into the public sanitary sewer system. No rain spout, or other form of surface drainage, and no foundation drainage or sump pump shall be connected to or discharged, either directly or indirectly, into any public sanitary sewer system.
(2) 
It shall be unlawful for any owner, occupant or user of any premises in the Township to maintain any connection with the public sanitary sewer system from sources carrying roof water, groundwater, surface water or any other natural precipitation.
C. 
Sewage Inspection Certificate.
(1) 
A sewage inspection certificate shall be secured from the Township Code Enforcement Officer within 30 days before or after a change in ownership of any residential dwelling connected to the public sewer system. No inspections shall be required for on-lot sewage systems. All applications for a sewage inspection certificate shall be in writing on a form furnished by the Township. An application fee shall accompany the application in an amount determined from time to time by resolution of the Board of Supervisors. A sewage inspection certificate shall not be required on the sale of a newly constructed dwelling to its initial occupant, provided the dwelling was inspected by the Township in the due course of construction prior to the issuance of a certificate of occupancy.
(2) 
Prior to the issuance of a sewage inspection certificate, the Code Enforcement Officer shall conduct an inspection of the premises and complete an inspection report and certification, which shall be submitted to the Township, certifying to the Township that there is no sump pump or other prohibited discharge into the public sanitary sewer system.
(3) 
The Township, its employees, agents and/or designees, shall be authorized to enter upon any property, at reasonable times and upon reasonable notice to the owner, to conduct the inspections and enforce the requirements of this § 18-303(5).
(4) 
If an illegal connection is discovered, whether from the inspection for a sewage inspection certificate or otherwise, a violation notice shall be issued by the Code Enforcement Officer and delivered personally or by certified mail to the property owner. The violation notice shall specify the nature of the violation(s), inform the property owner that the violation(s) must be promptly remedied, and specify the actions required to remedy the violation(s). No sewage inspection certificate shall be issued until such time as the violation is corrected, a satisfactory reinspection is conducted, and the required certification of compliance is provided to the Township.
(5) 
Upon satisfactory inspection of a property or upon completion of required remedial action as determined by reinspection of the property, the property owner shall be issued a sewage inspection certificate.
D. 
Removal of Illegal Connections.
(1) 
Any existing connection or installation in violation of this § 18-303(5) shall be immediately removed or corrected to bring the property into compliance.
(2) 
A plumbing permit shall be required for the installation, alteration or correction of sump pump plumbing. Any plumber registered with East Coventry Township who knowingly installs a sump pump or piping that is not in conformance with this § 18-303(5) shall, following the opportunity for a hearing before the Board of Supervisors, lose all registration privileges with the Township for a period of three years.
(3) 
If the Code Enforcement Officer issues a violation notice, the property owner shall remove or correct the violation within 30 days from the date of the violation notice. If the violation is not removed or corrected within 30 days after notice of the violation has been delivered personally or by certified mail to the property owner, the Township shall impose a surcharge upon the property owner as provided in § 18-305(5)E below. A surcharge also shall be imposed upon any property owner, after the thirty-day notice has been delivered, if the property owner refuses to allow a reinspection of the property.
E. 
Surcharge; Municipal Lien.
(1) 
Any property owner refusing to allow the property to be inspected to determine compliance as required by this § 18-303(5) shall, within 30 days of the date that admittance to the property is refused or denied, immediately become subject to a quarterly surcharge of $300, which shall be applied to the sanitary sewer component of the property owner's utility bill.
(2) 
Any property owner who receives a notice of violation and fails to remove or correct the violation within 30 days shall, following the expiration of such thirty-day period, immediately become subject to a quarterly surcharge of $300, which shall be applied to the sanitary sewer component of the property owner's utility bill.
(3) 
Any surcharge imposed hereunder shall continue until such time as an inspection satisfactory to the Code Enforcement Officer is permitted to be conducted demonstrating compliance with the requirements of this § 18-303(5).
(4) 
In the event the property owner fails to pay the surcharge within 60 days after the date on the sewer rental notice, a lien against the property of the owner shall be charged as provided by law for the filing of municipal claims.
F. 
Additional Penalties for Violations. Any owner or occupant of a property found to have caused or permitted a discharge in violation of this § 18-303(5) also shall be subject to the fines and penalties set forth in Chapter 5 (Code Enforcement) of the East Coventry Township Code of Ordinances. Each day a violation continues shall be deemed a separate offense. In addition, any person who violates this § 18-303(5) shall be liable to the Township for expense, loss or damage incurred by the Township as a result of the violation.
[Ord. 134, 6/6/2005, § 304]
1. 
No person shall place or deposit, or permit to be placed or deposited, upon public or private property within the Township any sanitary sewage or industrial wastes in violation of § 18-303, Subsection 1.
2. 
No person shall discharge, or permit to be discharged, to any natural or created outlet within the Township any sanitary sewage or industrial wastes in violation of § 18-303, Subsection 1, except where suitable treatment has been provided that is satisfactory to the Township, and that is consistent and in compliance with applicable rules, regulations and requirements including, but not limited to, applicable statutes of the Commonwealth, and any applicable rules, regulations and requirements and/or permits of or issued by the PaDEP and/or the Health Department.
[Ord. 134, 6/6/2005, § 305]
1. 
Except and may be otherwise specifically approved and authorized, in writing, by and at the discretion of the Township, no privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be constructed, used or maintained at any time upon any improved property which is connected to the public sewer or which is required to be connected with and use a public sewer under § 18-303, Subsection 1.
2. 
Except as may be otherwise specifically approved and authorized, in writing, by and at the discretion of the Township, every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned, and upon connection of the improved property to the public sewer, shall be (i) decommissioned and all components thereof removed from the improved property, or (ii) at the discretion of the Township, cleansed and filled. Such abandonment, decommissioning, removal, cleansing and filling shall be at the expense of the owner of the improved property, shall be completed within such time after connection of the improved property to the public sewer as the Township shall direct, shall be under the direction and supervision of the Township, and shall be in accordance with applicable rules, regulations and requirements. Any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned, decommissioned, removed, cleansed and/or filled, is hereby declared to be a nuisance, which shall be abated as provided by law at the expense of the owner of the improved property.
3. 
No such privy vault, cesspool, sinkhole, septic tank or similar receptacle shall, at any time, be connected to or with a public sewer.
[Ord. 134, 6/6/2005, § 306; as amended by Ord. 170, 8/9/2010, § I]
1. 
Sanitary Sewer Permit.
A. 
No person shall uncover, connect with, make any opening into, use, alter or disturb, in any manner, any public sewer/building sewer or any part thereof without first obtaining a sanitary sewer permit, in writing, from the Township.
B. 
Application for the sanitary sewer permit shall be made by the owner of the improved property, or by a duly authorized agent of such owner. The form and content of the sanitary sewer permit application shall be established, from time to time, by the Township. The sanitary sewer permit application shall be supplemented by any plans, specifications or other information considered pertinent by the Township or the Township Engineer.
[Amended by Ord. No. 2020-246, 10/12/2020]
C. 
Fees for application for a sanitary sewer permit shall be paid in accordance with a fee schedule adopted by resolution of the Board of Supervisors from time to time. The fee schedule may be revised, as necessary, by resolution of the Board of Supervisors.
D. 
A sanitary sewer permit shall remain valid for a period of one year from the date of its issuance and shall expire automatically on such anniversary date, unless 30 days prior to its expiration, an extension is requested in writing by the permittee for good cause and is granted in writing by the Township. The granting of an extension shall be contingent upon the availability of treatment capacity at the time of the extension request.
[Added by Ord. No. 2020-246, 10/12/2020]
E. 
The sanitary sewer permit shall be displayed prominently on the property to be connected to the public sewer continuously during construction of the building sewer and connection of the building sewer to the public sewer.
[Added by Ord. No. 2020-246, 10/12/2020]
F. 
Prior to issuance of the sanitary sewer permit, the applicant shall provide to the Township a certificate of insurance evidencing coverage of comprehensive general liability insurance, including contractual liability coverage with minimum limits of $1,000,000 combined single limit for bodily injury and property damage and workers' compensation insurance, as applicable. The foregoing insurance shall be continuously maintained while the sanitary sewer permit remains in effect and shall name East Coventry Township as additional insured.
[Added by Ord. No. 2020-246, 10/12/2020]
2. 
Prerequisites for Connection to Public Sewer. No person shall make, or shall cause to be made, any connection of any improved property to a public sewer until such person shall have fulfilled all of the following conditions:
A. 
Such person shall have notified the Township of their intention to connect the improved property to a public sewer, such notification to be given to such official or representative of the Township as shall be designated from time to time by the Board of Supervisors to receive such notification.
B. 
Such person shall have applied for and obtained a sanitary sewer permit as required by Subsection 1.
C. 
Such person shall have paid, in full, the connection charges as provided under and by § 18-309, together with any other applicable fees or charges, and shall have furnished satisfactory evidence that such fees have been paid.
[Amended by Ord. No. 2020-246, 10/12/2020]
D. 
Such person shall have given the Township at least 48 hours' notice prior to the time when such connection will be made so that the Township may supervise and inspect, or may cause to have supervised and inspected, the work of connection and necessary testing, such notification to be given to such official or representative of the Township as shall be designated from time to time by the Board of Supervisors to receive such notification.
E. 
All excavation, construction and connection work shall be completed in accordance with the Township Technical Specifications and other applicable rules, regulations and requirements.
[Added by Ord. No. 2020-246, 10/12/2020]
F. 
The developer or owner shall comply with the requirements of § 18-307 of this Part to the extent deemed applicable as determined by the Township in its sole discretion.
[Added by Ord. No. 2020-246, 10/12/2020]
3. 
Separate Connections.
A. 
Each improved property and each structure on an improved property discharging sanitary sewage and/or industrial wastes, to be connected to a public sewer, shall be connected separately and independently with the public sewer by and through a separate building sewer. The connection of more than one improved property, or more than one structure discharging sanitary sewage and/or industrial wastes on a single improved property, to one building sewer shall not be permitted.
B. 
Notwithstanding Subsection 3A above, the connection of more than one structure discharging sanitary sewage and/or industrial wastes on a single improved property to one building sewer (the "common building sewer") may be permitted by special permission of the Township, in writing, but only for good cause shown, and subject to the following conditions and such other conditions as may be prescribed by the Township:
(1) 
The minimum nominal diameter of the common building sewer shall be eight inches, the common building sewer shall extend to and connect to the public sewer via a sanitary sewer manhole (as opposed to a tee, wye or saddle connection), and the common building sewer shall be located within an easement, which shall in turn be offered for dedication to the Township along with the common building sewer. Upon acceptance of such dedication, the common building sewer and easement shall become a public sewer, and until such time as the Township accepts dedication thereof, the common building sewer and easement shall be considered an extension of public sewer as provided in § 18-307. For purposes of the remaining provisions of Subsection 3B, all requirements applicable to a public sewer shall apply to the common building sewer.
(2) 
The width of the easement in which the common building sewer is located shall comply with the requirements set forth in the Township technical specifications.
(3) 
The upper reach of the common building sewer shall terminate at a sanitary sewer manhole.
(4) 
Each individual structure on the improved property shall connect to the common building sewer via a building sewer and lateral, each as defined in § 18-302.
(5) 
Common building sewer design, materials and methods of construction and installation, including but not limited to, sanitary sewer manholes, shall comply with the requirements for gravity sewers as set forth in the Township technical specifications.
4. 
Costs of Construction and Connection of Building Sewers. All costs and expenses of construction of a building sewer and lateral, if needed, and all costs and expenses of connection to the public sewer, shall be borne by the owner of the improved property to be connected. The owner shall indemnify and shall save harmless the Township from all loss or damage that may be occasioned, directly or indirectly, as a result of the construction of the building sewer and lateral, if needed, and/or the connection to the public sewer.
[Amended by Ord. No. 2020-246, 10/12/2020]
5. 
Location of Connection of Building Sewers. A building sewer shall be connected to a public sewer at the place designated by the Township and where, if applicable, the lateral is provided, subject to and in accordance with the Township technical specifications and other applicable rules, regulations and requirements.
6. 
Existing House Sewer Line as a Building Sewer. Where an improved property, at the time its connection to a public sewer is to be made, is served by its own sewage disposal system or sewage disposal device, the existing house sewer line shall be disconnected on the structure side of such sewage disposal system or sewage disposal device and connection shall be made, with proper fittings, to continue such house sewer line as a building sewer, subject to and in accordance with the Township technical specifications and other applicable rules, regulations and requirements.
7. 
Inspection and Approval of Building Sewers.
A. 
No building sewer connection, maintenance, repair and/or replacement shall be covered until it has been inspected and approved by the Township, as provided in and by the Township technical specifications and 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 improved property, for such inspection and approval.
B. 
All such inspections and approval by the Township shall be at the cost and expense of the owner of the improved property.
C. 
All such inspections by the Township shall be undertaken by the Township Engineer, and shall be completed not less than 48 hours to 72 hours after the Township is given notice by the owner of the improved property that the uncovered building sewer is ready for inspection.
D. 
Unless otherwise directed by the Board of Supervisors, all such approvals by the Township shall be given by the Township Engineer.
8. 
Maintenance, Repair and/or Replacement of Building Sewers.
[Amended by Ord. No. 2020-246, 10/12/2020]
A. 
It shall be the responsibility of the owner of improved property, at the expense of the property owner, to maintain every building sewer on the improved property at all times in a sanitary and safe operating condition, and to repair and replace the same as shall be necessary. Such maintenance, repair and replacement shall be in accordance with and comply with all Township technical specifications and other applicable rules, regulations and requirements.
B. 
Without limiting the generality of the responsibility of the property owner to maintain, repair and/or replace a building sewer under Subsection A, the property owner shall perform and complete such maintenance, repair and/or replacement work as the Township may deem necessary as set forth in written notice to the property owner. All maintenance, repair and/or replacement work shall be performed and completed in a proper and timely manner to the satisfaction of the Township and in accordance with all Township Technical Specifications and other applicable rules, regulations and requirements. The property owner shall indemnify the Township from any loss or damage which may, directly or indirectly, result or arise from any such work.
9. 
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 cost and expense of the owner of the improved property, and in a manner satisfactory to the Township and otherwise subject to and in accordance with the Township technical specifications and other applicable rules, regulations and requirements. No sanitary sewer excavation shall remain open to inflow of surface water and/or stormwater for more than 10 hours.
[Amended by Ord. No. 2020-246, 10/12/2020]
10. 
Unsatisfactory Condition of Building Sewers. The Township, its employees, agents and/or designees, shall be authorized to enter upon any property, at reasonable times and upon reasonable notice to the owner, to inspect the building sewer located on the property to verify that the plumbing system serving the property is functioning properly. If the property owner or other person shall fail or refuse, upon being served with a written notice from the Township, to allow entry upon the property or to remedy any unsatisfactory condition, including but not limited to inflow and infiltration, with respect to a building sewer within 30 days of service of the notice, or such additional time as may be determined appropriate by the Township, the Township shall have the right, at its discretion, but not the obligation, to exercise any one or more of the following remedies:
[Amended by Ord. No. 2020-246, 10/12/2020]
A. 
Refuse to permit the property owner and/or such person to discharge, or to continue to discharge, sanitary sewage and/or industrial wastes into the public sewer until such unsatisfactory condition shall have been remedied in a manner satisfactory to the Township and otherwise subject to and in accordance with the Township Technical Specifications and other applicable rules, regulations and requirements. Such right of refusal shall be in addition to such other or further remedies as may be available to the Township to correct the unsatisfactory condition.
B. 
Enter the property, by its employees, contractors or designees, and perform such maintenance, repair and/or replacement work at the cost and expense of the property owner. Upon completion of the work, the Township shall issue to the property owner an itemized bill for the cost of such work, which shall be due and payable immediately upon presentation of such bill. Should the owner fail to so pay the bill, the Township shall have the right to collect the same, together with interest on the amount of such costs at the rate of 6% per annum (or such higher rate as may be provided or otherwise permitted by law) plus a penalty of 5% on the amount of such costs, in the manner permitted and pursuant to applicable law, including, but not limited to, the filing of a municipal claim and lien therefor.
C. 
The provisions of this subsection shall not limit any rights or remedies which may be available to the Township at law or in equity against any third person for the recovery of damages to the public sewer, including, without limitation, the recovery of the costs incurred by the Township to maintain, repair and/or replace a lateral.
11. 
Construction, Inspection and Maintenance of Laterals.
[Added by Ord. No. 2020-246, 10/12/2020]
A. 
All laterals shall be constructed and installed in accordance with the Township Technical Specifications and other applicable rules, regulations and requirements. Following completion, no lateral shall be covered until it has been inspected and approved by the Township Engineer at the sole cost and expense of the owner of the improved property.
B. 
All completed improvements connecting a building sewer to the public sewer shall become the property of the Township upon final inspection and approval of such improvements by the Township Engineer.
C. 
Following final inspection and approval by the Township Engineer, the Township shall be responsible, at its sole cost and expense, for the maintenance, repair and replacement of the laterals; provided, however, the Township shall not be responsible for the maintenance, repair or replacement of a lateral when such maintenance, repair or replacement is required as a result of, directly or indirectly, any use of or with respect to the lateral by the owner of the property served by the lateral (other than the proper use of the building sewer connected to the lateral) or by any other act or conduct of the property owner. In such case, the cost and expense for the maintenance, repair or replacement of the lateral shall be borne by the property owner. All work relating to the maintenance, repair or replacement of a lateral shall be performed by the Township.
12. 
Acceptance of Laterals Previously Constructed. All laterals constructed and connected to the public sewer prior to the date of enactment of this section shall be deemed Township property, whether or not specifically dedicated to and accepted by the Township, provided such laterals have been constructed within a Township or other public right-of-way and the construction and connection of such laterals to the public sewer were inspected and approved by the Township Engineer.
[Added by Ord. No. 2020-246, 10/12/2020]
[Ord. 134, 6/6/2005, § 307; as amended by Ord. No. 2020-246, 10/12/2020]
1. 
Compliance with Township Technical Specifications. All extensions of a public sewer shall be constructed, installed and/or otherwise completed in accordance with the Township Technical Specifications and other applicable rules, regulations and requirements. For purposes of this section, the term "public sewer" shall mean such term as defined in § 18-302, Subsection 2, as well as any "public sewer" as so defined but which is not, at the particular time, owned or operated by the Township but is intended to be ultimately owned and operated by the Township.
2. 
Compliance with Other Applicable Requirements. Any developer or property owner who desires to construct an extension of the public sewer shall, in addition to complying with the provisions of this section, comply with the requirements of § 18-306 to the extent applicable. In the event of a conflict between the provisions of § 18-306 and this section, the provisions of this section shall control.
3. 
Submission of Plans. The developer or property owner shall submit sewer design plans for the proposed sewer extension to the Township for review and approval of the Township Engineer. If the proposed sewer extension is to be constructed as part of a land development project subject to Chapter 22 [Subdivision and Land Development Ordinance] of the Code of Ordinances of the Township of East Coventry, then the process for review of the sewer design plans shall be in accordance with the procedures for preliminary and final plan review set forth in Chapter 22, Part 3. The sewer design plans shall contain an estimated construction schedule for installation of the sewer improvements. No construction work shall be commenced until a permit for such work and written authorization to proceed have been issued by the Township. All costs relating to the review of sewer design plans shall be paid by the developer or owner.
4. 
Permit for Surface Opening; Restoration of Surface. Whenever the surface of any street or sidewalk is disturbed by construction of a sewer extension, lateral or other required connection, it shall be the responsibility of the developer or property owner to obtain the permit required for opening or disturbing the surface of the street or sidewalk and restoring the surfacing material in kind. The developer and/or owner shall be responsible, jointly and severally, for any damage done to the public sewer system by rain, flooding or any other cause resulting from the developer's or owner's failure to take proper precautions during the construction and connection process to prevent damage to the public sewer system.
5. 
Development Agreement. Prior to the Township issuing written authorization to the developer or property owner to proceed with construction of a sewer extension, the developer or property owner shall execute an agreement with the Township, prepared by the Township Solicitor, setting forth the obligations of the parties as determined by the Township regarding construction of the sewer extension. If the proposed sewer extension is to be constructed as part of a land development project subject to Chapter 22 [Subdivision and Land Development Ordinance] of the Code of Ordinances of the Township of East Coventry, then the obligations of the parties relating to the sewer improvements shall be incorporated into the land development agreement required by Chapter 22. All costs relating to the preparation of said agreement shall be paid by the developer or owner.
6. 
Financial Security.
A. 
Prior to the Township issuing written authorization to the developer or property owner to proceed with construction of a sewer extension, the Township shall receive financial security in the form of an irrevocable letter of credit from a federal or commonwealth chartered lending institution, a cash escrow account in such lending institution deposited in an interest-bearing account in the name of the Township, or a performance bond in an amount equal to 110% of the estimated cost of construction as determined by the developer or owner and approved by the Township Engineer. If the financial security consists of an irrevocable letter of credit or performance bond, the terms shall be satisfactory in form and substance to the Township Solicitor.
B. 
Such financial security shall serve as security for the proper performance of the sewer work and for any repairs to streets, sidewalks and or public facilities that the Township deems necessary or appropriate as a result of said work. Partial releases of the financial security during the period of construction shall be authorized upon compliance with the procedures set forth in § 22-310 of Chapter 22 [Subdivision and Land Development Ordinance] of the Code of Ordinances of the Township of East Coventry.
C. 
The Township shall hold back 10% of the financial security until the developer or owner has posted a maintenance guarantee with the Township as required by Subsection 11 and the as-built plans required by Subsection 10 are verified and accepted by the Township.
7. 
Establishment of Escrow. Prior to the commencement of the sewer work, the developer or property owner shall, in addition to the posting of financial security, if applicable, deposit a cash escrow with the Township in an amount to be determined by the Township for payment of the estimated costs of reviewing the sewer design plans, performing construction inspections, and other administrative, legal and engineering services.
8. 
Supervision and Inspection by Township Engineer. Construction of the sewer extension shall be subject to the supervision of and inspection by the Township Engineer. The sewer extension shall not be covered until authorized by the Township Engineer, and all backfilling of trenches shall be under his supervision. All inspections shall be made and scheduled during regular business hours of the Township.
9. 
Requirements for Dedication and Acceptance by Township.
A. 
The sewer extension to be dedicated to the Township shall be designed, constructed and inspected in strict accordance with the final approved sewer design plans, the Township Technical Specifications and all other applicable rules, regulations and requirements, and any approved subdivision or land development plan for which the sewer extension was required.
B. 
The Township Engineer shall conduct a final inspection of the sewer extension prior to dedication. The inspection shall include a visual inspection, a televised inspection and/or such other tests of all sewer pipes as the Township Engineer deems necessary. The cost of these inspections shall be borne by the developer or property owner. The developer or owner shall correct any deficiencies identified by the visual or televised inspection or other testing to the satisfaction of the Township Engineer. All corrections shall be made at the developer's or owner's expense regardless of the type or nature of the deficiency. The Township Engineer shall advise the Township when all deficiencies have been corrected and the sewer extension is ready for dedication by issuance of the Township Engineer's certificate of completion for the improvements. No sewer extension shall be approved for use and acceptance by the Township until said sewer extension is formally approved by the Township Engineer.
C. 
All construction, connection and inspection fees shall be paid, and the Township shall be reimbursed in full, for all engineering, inspection, legal and other costs incurred relating to the review of plans, inspections during construction, testing and approval, and drafting of legal agreements and other documentation.
D. 
The sewer extension and related improvements shall be dedicated to the Township, free and clear of all encumbrances, by bill of sale or other documentation satisfactory to the Township Solicitor. Easements for the sewer improvements shall be recorded in the name of the Township for all sewers to be constructed outside of street rights-of-way dedicated or to be dedicated to the Township.
E. 
The developer shall deliver the as-built plans required by Subsection 10 and execute the maintenance agreement required by Subsection 11.
10. 
As-Built Plans. Within 60 days after completion and Township approval and final inspection of the sewer improvements, and prior to acceptance of dedication of the sewer extension by the Township, the developer shall submit to the Township as-built plans for the sewer improvements that conform to the Township's Standard Public Improvement Specifications. The developer also shall provide to the Township a copy of any operator manuals, parts lists, warranties or other documentation as appropriate prior to dedication.
11. 
Maintenance Period. As a condition of accepting dedication of the sewer extension and related improvements, the developer or property owner shall enter into a maintenance agreement with the Township, which shall be prepared by the Township Solicitor, guaranteeing the structural integrity and functioning of the dedicated improvements in accordance with the Township Technical Specifications and approved sewer design plans for a period of 18 months from the date of acceptance of dedication by the Township. The maintenance agreement shall require the posting by the developer or owner of financial security with the Township of the same type as provided in Subsection 6 in an amount equal to 15% of the actual cost of installation of the improvements.
12. 
Maintenance of Sewer Extensions. Following acceptance of dedication by the Township, the Township shall be responsible, at its sole cost and expense, for the maintenance, repair and replacement of the sewer extension.
13. 
Reimbursement for Sewer Extensions. Where a developer or property owner constructs or causes to be constructed an extension of the public sewer at its expense, the developer or owner shall enter into a written reimbursement agreement with the Township in form and substance satisfactory to the Township Solicitor. The reimbursement agreement shall provide for reimbursement to the developer or owner in accordance with applicable Township and other legal requirements when the owner of another property not in the development for which the extension was constructed connects a building sewer directly to the extension within 10 years of the date of the dedication of the extension to the Township. The Township shall be permitted to deduct from each reimbursement payment an amount equal to 5% thereof for administrative expenses for calculating, collecting, monitoring and disbursing the reimbursement payment.
[Ord. 134, 6/6/2005, § 308]
A single sanitary sewer district is hereby established, which shall comprise that portion of the Township north of Pigeon Creek and north of Bickels Run as more particularly shown and identified as the "Sanitary Sewer District" on the Sanitary Sewer District Map, dated May 17, 2005, appearing as Appendix "B" to this Part.
[Ord. 134, 6/6/2005, § 309]
1. 
The Township hereby imposes connection charges against and to be paid by the owner of any improved property required or permitted to be connected with and use a public sewer under and in accordance with this Part.
2. 
The connection charges imposed against and payable by the owner of improved property shall be established from time to time by resolution of the Board of Supervisors. The connection charges shall include, without limitation, a connection fee, customer facilities fee and/or a tapping fee as enumerated and defined in and by the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq. Connection charges in the nature of tapping fees, as established by said resolution, shall be imposed on the basis of EDUs allocated to the improved property pursuant to the EDU Allocation Resolution.
[Amended by Ord. No. 2020-246, 10/12/2020]
3. 
The connection charges shall be due and payable in full either at the time the application is made to the Township for a permit to connect to the public sewer, as provided in § 18-306, Subsection 1, or in the case an owner of improved property fails to make connection to the public sewer as required by the Township pursuant to § 18-303, Subsection 1, on the date when the Township connects the property to the public sewer at the cost and expense of the owner.
4. 
All connection charges shall be payable to the Township. Payments of connection charges shall be tendered to such official or representative of the Township as shall be designated and authorized from time to time by the Board of Supervisors to accept payment.
5. 
Payment of connection charges shall be enforced and recovered by the Township in such manner as provided or permitted by law then in effect.
[Ord. 134, 6/6/2005, § 310]
1. 
The owner of any improved property connected, or required to be connected, to a public sewer, shall pay a monthly, quarterly, semi-annual or annual sewer rental fee, as shall be adopted from time to time by resolution of the Board of Supervisors. The sewer rental fee, as adopted by said resolution, shall be imposed on the basis of EDUs allocated to the improved property pursuant to the EDU Allocation Resolution. The obligation to pay sewer rental fee shall commence on the earlier of the following two dates: (i) the date on which the improved property is connected to the public sewer; or (ii) in the case the owner of improved property does not connect the improved property to the public sewer within the time required by the Township pursuant to § 18-303, Subsection 1, the last date when owner should have connected the improved property to the public sewer as so required by the Township.
2. 
The sewer rental fee shall be in addition to (i) all costs and expenses of constructing the building sewer by which the improved property is connected, or required to be connected, to the public sewer, (ii) all costs and expenses in connecting such building sewer to the public sewer, and (iii) the connection charges provided under § 18-309.
3. 
The amount of the sewer rental fee shall constitute a lien until paid against the improved property connected, or required to be connected, to the public sewer, and, if not timely paid, may be recovered by the Township in such manner as provided or permitted by law then in effect.
4. 
All sewer rental fees shall be payable to the Township. Payments of sewer rental fees shall be tendered to such official or representative of the Township as shall be designated and authorized from time to time by the Board of Supervisors to accept payment.
5. 
All sewer rental fees shall be deposited in a special fund to be used only for payment of the cost of construction, reconstruction, repair, operation and maintenance of the public sewer.
6. 
Should the number of EDUs allocated to an improved property be adjusted in a manner prescribed in the EDU Allocation Resolution, the owner of the improved property shall pay the then current sewer rental fee based on the adjusted EDU allocation. Until such time of adjustment, the owner of the improved property shall continue to pay the sewer rental fee based on the current EDU allocation. In no case shall a retroactive reimbursement of sewer rental fees be made from Township to owner or from owner to Township for adjustment of EDU allocation to an improved property.
[Ord. 134, 6/6/2005, § 310.1; as added by Ord. 155, 4/13/2009, § I]
1. 
Authority. The fees for reservation of public sanitary sewage system and treatment plant capacity are imposed hereby under the authority of Article XXV (Sanitary Sewers) (53 P.S. § 67501-67517) of the Second Class Township Code (53 P.S. §§ 65101 — 68701).
2. 
Purpose. East Coventry Township has determined that allocation to and reservation of sanitary sewage system capacity for future use creates an unreasonable and inequitable economic burden upon the Township and the existing users connected to the public sanitary sewage system within the Township. Until such time as landowners who have been granted capacity choose to make use of such capacity, the Township and the existing users of the public sanitary sewage system are required to amortize the costs of the reserved facilities. Moreover, such reserved capacity remains unavailable to other persons who may have an immediate need for capacity. Therefore, it is determined to be in the best interest of the Township, the existing users of the public sanitary sewage system, and potential users without reserved capacity, that landowners desiring or required to reserve public sanitary sewage system capacity pay the full amount of the tapping fee plus charges designated and calculated to amortize the cost of the current debt service in proportion to the existing users of the system. The purpose of this section is to establish procedures for the imposition and collection of the tapping fee plus quarterly charges to be known as sewer reservation fees.
3. 
Additional Definitions. As used in this section, the following terms shall have the meanings indicated.
RESERVED CAPACITY
The allocated sanitary sewage capacity reserved for by an applicant after full payment of all applicable tapping fees and payment of quarterly sewer reservation fees.
SEWER RESERVATION FEE
The quarterly charges imposed upon a applicant for the allocated sanitary sewage capacity reserved.
TAPPING FEES
The approved tapping fee by the East Coventry Township Board of Supervisors pursuant to resolution or ordinance as calculated by the Township Engineer in accordance with Pennsylvania Act 57 of 2003 ("Act 57").
4. 
Reserved Capacity. Sewage treatment capacity is available only on a first-come, first-serve basis and shall not be deemed to be reserved for any subdivision, new development or existing improved property by virtue of approval of any Pennsylvania DEP Planning Module or Planning Module Exemption by the East Coventry Township Board of Supervisors. Sewage treatment capacity shall only be reserved upon payment of the full amount of the current tapping fee for each EDU being reserved, as established from time to time by resolution or ordinance of the Board of Supervisors which payment shall be made via cash or certified check payable to the "East Coventry Township." Upon Township's receipt of such payment, capacity shall be reserved for the number of EDUs for which the full amount of tapping fees are paid for a particular unimproved or undeveloped tract of land for which the application was submitted. No additional capacity will be reserved for unpaid EDUs. Reserved capacity may not be transferred or exchanged between parcels without the written approval of the Board of Supervisors. Reserved capacity may not be sold as a commodity.
5. 
Sewer Reservation Fee.
A. 
In addition to full payment of tapping fees as set forth above, a quarterly fee for the reservation of sanitary sewage capacity is hereby imposed upon an applicant for any connections not made within six months from the date of Township's receipt of tapping fees. The quarterly fees shall be calculated as set forth below in Subsection 5B pertaining to rates.
B. 
Rates.
(1) 
The reservation of capacity fee shall be equal to 60% of the average sanitary sewer bill for a residential customer of the Township, during the last billing cycle multiplied by the number of EDU's being reserved.
(2) 
Reservation of capacity fees shall be paid by the applicant reserving capacity on a quarterly basis as billed by the Township. The face amount of each quarterly bill shall be due and payable in full within 30 days from its date. If full payment of the face amount is not received within 30 days from its date, a penalty of 10% of the face amount of the bill shall be added thereto, and interest on the unpaid amount, including penalty, shall accrue at the rate of 9% per annum commencing from the 30th day until paid. The penalty and interest provided in this subsection shall be in addition to such other and further penalties, interest or other remedies which may be available to the Township should it proceed to collect such bill, penalty and interest by way of municipal claim and lien or other appropriate legal or equitable action.
(3) 
Adjustment to Rates. Any applicant who has reserved sewer capacity may apply to the Township to have the reserve capacity charges adjusted to reflect capacity utilized by connection to the sanitary sewage system during the preceding quarter following applicable Township procedures.
C. 
The annual reservation of capacity fee shall be applicable and continue in effect until any of the following events occur:
(1) 
The reserved capacity has been utilized or consumed by hooking up to the sewer system and regular sewer rental bills are being issued for the use.
(2) 
Any unused reserve capacity has been cancelled by the applicant for whom it was reserved, or by the Township as hereinafter provided.
(3) 
A period of five years shall have expired from the date of final approval by the Township of the development or project, or application. If after five years from the date of final approval by the Township, an applicant is still in need of all or a portion of the sanitary sewage capacity originally reserved, the applicant shall make application to the Township for continued reserve capacity which shall be processed as a new application for sewer capacity.
6. 
Adjustments to Capacity; Cancellation.
A. 
In the event that reserve capacity of any applicant shall be determined to be insufficient during the term of any permit, an applicant shall request additional reserve capacity. Such request shall be processed as a new application in accordance with all Township requirements.
B. 
Reserved capacity shall not be canceled and the corresponding piece of unimproved or undeveloped land shall be deemed to have reserved capacity in the amount of EDUs purchased from the date the tapping fees are paid in full. Such reserved capacity shall inure to the benefit of all successors, assigns and subsequent property owners. Any unpaid quarterly sewer reservation fees shall be collectable by the Township in the manner as unpaid sewer rents. No building permits shall be issued until all quarterly sewer reservation fees including all outstanding interest and/or all other delinquent amounts are paid in full. In the event excess EDUs have been purchased for a land development or subdivision, the property owner may request that the Township buy back excess EDUs if the property has been fully occupied and used for a minimal period of two years and records consistently reveal the number of excess units being offered for re-purchase by the Township at the original purchase price without interest, reimbursement of sewer reservation fees paid to Township or any other additional consideration. Such a request shall not obligate Township to re-purchase excess EDUs.
[Ord. 134, 6/6/2005, § 311]
1. 
Fines and Penalties.
A. 
Any person, who fails or refuses to comply with any provision of this Part, shall be in violation of this Part, which violation shall be enforced by action brought before a district justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
B. 
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.
C. 
Each day, or portion thereof, that a violation is found to exist, and each provision of this Part that is found to have been violated, shall constitute a separate offense each punishable by the aforesaid fine and imprisonment.
D. 
All fines and costs collected for the violation of this Part shall be paid to the Township.
2. 
Other Remedies. The provisions of Subsection 1 (including, but not limited to, the manner of enforcement of a violation of this Part and the fine and the penalty for such violation) shall not be in limitation of, but shall be in addition to:
A. 
Such other or further remedies or enforcement actions as may be available to the Township under other provisions of this Part or under other law (including, but not limited to, other applicable local, state or federal law) or in equity (including, but not limited injunctive relief) for any actions or inactions which violate of any provision of this Part. Nothing in this section or other provision of this Part shall be deemed to preclude the Township from pursuing such other or further remedies concurrently.
B. 
Such other or further remedies or enforcement actions as may be available to any governmental entity, other than Township, having jurisdiction, under any applicable local, state, or federal law, or in equity (including, but not limited injunctive relief), for any actions or inactions which violate any provision of this Part.