[Ord. 235, 11/7/2005, § 1]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
ACT 537 PLAN
A municipality's official plan as defined in the Pennsylvania
Sewage Facilities Act, Act of January 24, 1966, P.L. 1535 (1965),
No. 537, as amended, 35 P.S. §§ 750.1 — 750.20a
("Sewage Facilities Act" or "Act 537").
AUTHORITY
An authority, as defined by the Municipality Authorities
Act of 2001 (2001, June 19, P.L. 287, No. 22, and as amended thereafter,
53 Pa.C.S.A. § 5601 et seq.).
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
GRINDER PUMP
Any electric motor driven, submersible, centrifugal pump
capable of macerating all material found in normal domestic sanitary
sewage, including reasonable amounts of objects, such as plastics,
sanitary napkins, disposable diapers, rubber and the like, to a fine
slurry, and pumping this material through a small diameter discharge.
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 sewage
shall or may be discharged.
OFFICIAL PLAN REVISION
A change in the Township's Act 537 Plan to provide for additional
or newly identified future or existing sewage facilities needs, as
defined fully in § 1 of the Sewage Facilities Act, 35 P.S.
§ 750.1.
PROPERTY OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
SEWAGE
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, or to animal or aquatic life or to the use of
water for domestic water supply or for recreation or any substance
which constitutes pollution under the Clean Streams Law, 35 P.S. §§ 691.1
- 691.1001, as amended.
TOWNSHIP
The Board of Supervisors of Wrightstown Township.
[Ord. 235, 11/7/2005, § 2]
The connection of existing properties or proposed new land developments
to an existing or proposed sewerage system through the use of sewage
grinder pumps, their associated force mains, or low-pressure laterals
shall occur only after an official plan revision to the Wrightstown
Township Act 537 Plan, approved by both Wrightstown Township and the
Department, designating that the proposed properties are to be served
by such a connection.
[Ord. 235, 11/7/2005, § 3]
1. The Township is hereby authorized and empowered to adopt such rules
and regulations concerning sewage which it may deem necessary from
time to time to affect the purposes herein.
2. The Township is hereby authorized and empowered to take such other
actions as are necessary including, but not limited to, entering into
agreements with property owners that assure proper operation and maintenance
of sewage facilities within Wrightstown Township's borders including,
but not limited to, sewage grinder pumps and any associated force
mains or low-pressure laterals.
[Ord. 235, 11/7/2005, § 4]
1. The Township shall exercise its powers and legal authority set forth
herein, and under all applicable statutes, ordinances, and other laws
to effect the purposes of this Part.
2. The Township may enter into an agreement with each property owner
proposing to install or who has installed a sewage grinder pump or
low pressure sewage system to assure the short- and long-term operation
and maintenance, use, service, repair or replacement of such systems.
3. All grinder pumps and low pressure sewer systems shall be connected
to the sewage collection and conveyance system in full compliance
with the rules and regulations of the Township in effect from time
to time.
4. The Township shall maintain control over of the type of grinder pumps
used and may maintain extra grinder pump units or replacement parts
for emergency to be used for emergency repairs, the property owner
shall reimburse Township at the current replacement cost.
5. The Township shall bear no responsibility for the purchase, installation,
use, operation, maintenance, service, repair, or replacement of the
grinder pump and/or its low-pressure force main or lateral, except
as otherwise set forth herein.
[Ord. 235, 11/7/2005, § 5]
1. Each property owner served by a grinder pump shall bear full responsibility
for providing, installing, using, operating, maintaining, servicing,
repairing and replacing his/her grinder pump and/or its low-pressure
force main or lateral, unless otherwise set forth herein.
2. Each property owner served by a grinder pump shall have full responsibility
for using the pump consistent with the manufacturer's instructions
and shall avoid introducing into the sewerage system materials that
may damage the impellers on the pump including, but not limited to,
items designated as biodegradable in septic tanks.
3. Each property owner served by a grinder pump shall close the sewage
system and cease operations during any period when the grinder pump
and/or low-pressure system serving a property is inoperable for more
than two days.
4. Where the low pressure force main or lateral is shared between property
owners, they shall submit to the Township a declaration of easements,
covenants and restrictions in recordable form setting forth the agreement
of each benefitted property owner with respect to the installation,
use, operation, maintenance, service, repair and replacement of the
low pressure sewer system, which agreement shall bind all future property
owners. Following the approval of the low pressure system by all applicable
agencies, the Township will not issue a permit for its installation
until evidence is presented that the agreement has been recorded in
the Office for the Recording of Deeds, Bucks County, Pennsylvania.
5. It shall be unlawful for a property owner and/or agent of same to
remove a grinder pump or to bypass the pump to allow sewage to enter
the sanitary sewer system without first passing through a properly
functioning grinder pump.
[Ord. 235, 11/7/2005, § 6]
In addition to any other remedies provided in this Part, any violation of §§
18-304 and
18-305 above shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction. The Township shall have the right to enter onto the property and replace a failing grinder pump to abate a present emergency endangering public health and safety and to recover the costs of such action from the property owner whose grinder pump causes the nuisance. Any costs remaining unpaid for a period of 30 days after demand for payment shall constitute a municipal lien on the property.
[Ord. 235, 11/7/2005, § 7]
All such rules and regulations adopted by the Wrightstown Township
Board of Supervisors to effectuate this Part shall be in conformity
with the provisions herein, all other ordinances of the Township,
and all applicable laws, and applicable rules and regulations of administrative
agencies of the Commonwealth of Pennsylvania.
[Ord. 235, 11/7/2005, § 8; as amended by Ord. 266,
9/17/2007]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day a violation continues unabated after
receipt of notice by the property owner to correct same shall be considered
a separate violation.