[Adopted 11-9-1936 by Ord. No. 21 (Ch. 18, Part 1, of the 1978 Code of
Ordinances)]
Any owner of property situate within the Borough of Fox Chapel
benefited, improved and accommodated by any sanitary sewer shall connect
the buildings erected on such property at the proper cost of the owner
within 45 days after notice so to do, and upon failure to make such
connections, the Borough may make the same and collect the cost thereof
from the owner by municipal claim or by a civil action, in the discretion
of the Borough. Connection shall be made even in instances where doing
so will require the use of an on-lot sewage pump to convey the sewage
to the Borough's sewer. When public sewers abut any property or are
otherwise reasonably available, any other method or manner of disposing
of sewerage from such property will not be permitted. Availability
will be determined by the Borough based on all relevant facts and
circumstances, including, but not limited to, distance from the sewer,
topography, cost, number of properties involved and legal ability
to build and utilize connections. The Secretary of the Borough is
hereby directed to have the said notice prepared and served promptly
upon the owner of all properties benefited, improved and accommodated
by any sanitary sewer, when and as the construction of any sewer is
completed, and to make return of service of said notice to the Borough.
In the event that such notice is not served promptly, connection must
nonetheless be made when notice is given, including prior to the sale
of any property on which structures have been erected.
[Amended 8-8-1955 by Ord.
No. 142; 10-20-1958 by Ord. No. 194]
No connection shall be made to any part of the system of sewers
unless and until a written permit is granted therefor, signed by the
Borough Manager, which permit shall be issued upon application in
such form as may be required. Where it shall be necessary to open
any street in the Borough in order to make such connection, no such
permit shall be issued until the applicant therefor shall have obtained
any permit required by any other ordinance of the Borough for making
an opening or excavation in or under a street and shall have met any
conditions and paid any fee prescribed for such permit. No connection
shall be made to any Borough sewer or laterals by any person until
notice to do so has been given by the Borough Secretary, and no system
of house plumbing shall be connected with any lateral until the whole
system of house plumbing has been examined and approved by the Borough
Manager, and he is satisfied that the same is properly vented and
trapped.
[Amended 4-16-1990 by Ord. No. 507]
A.
The use of the sewer system and the connections thereto shall be
in strict conformity with the laws of the commonwealth and of the
Department of Environmental Protection of the commonwealth. No storm,
ground, roof or surface water, exhaust steam, oil, benzine, gasoline
or other combustible gas or liquid, or similar substances, and no
garbage, offal or other substances or liquid (an "extraneous discharge")
other than such as are usually contemplated in a sanitary sewerage
system shall be emptied into or permitted to enter the laterals or
sewers of the Borough sewer system.
B.
Any and all extraneous discharges are hereby declared to be a nuisance.
In making connections, all trenches shall be entirely protected
and safeguarded by barriers and lights and shall be refilled and tamped
to the same condition as before opening and so maintained, and the
owner of the property and the contractor, if any, shall be jointly
and severally liable for injury to the Borough's sewers or to any
person or to any property by reason of the making of said connections.
[Amended 8-8-1955 by Ord.
No. 142; 10-20-1958 by Ord. No. 194; 4-16-1990 by Ord. No. 507]
A.
The Borough Manager shall have complete control over the sizes and
kinds of pipes to be used and the manner of laying pipes and connecting
joints, and also the number of connections when more than ordinary
service is required, and he may require extra connections and extra-size
pipe where necessary in his opinion or to conform to the Plumbing
Code.
B.
The Borough shall have the right to perform ordinary and regular
inspections and testing of the sewer system, including the sewer pipes
and laterals. The Borough may enter on private property to accomplish
said inspections and testing with reasonable notice to the occupants
of said property. The purposes of said inspections and testing shall
include, but not be limited to, whether any extraneous discharges
are occurring in the sewer system.
[Amended 8-8-1955 by Ord.
No. 142; 10-20-1958 by Ord. No. 194]
No person shall be permitted to open a portion of a street or
connect with any Borough sewer or lateral until the persons doing
the work have satisfied the Borough Manager that they are capable
of performing the work according to the standards required by this
article and by the Plumbing Code.[1] The Borough Manager may cause to be stopped any piece
of work if the same is not being done in a skillful and workmanlike
manner and in accordance with the standards set forth in the Plumbing
Code and any other applicable ordinance.
The same procedure is required in the case of repairs, alterations
and additions as is required in making original connections.
[Amended 10-20-1958 by Ord. No. 194; 3-20-1978 by Ord. No. 370; 4-16-1990 by Ord. No. 507]
A.
Any person, partnership or corporation violating any provisions of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 and costs of prosecution or, in default
of payment of such fine and costs, to undergo imprisonment for not
more than 30 days, provided that each violation of any provision of
this article and each day the same is continued shall be deemed a
separate offense.
B.
If a nuisance exists under § 285-3A hereof, the Borough may require such person to abate the nuisance within 30 days of the receipt of written notice from the Borough. If such person fails to abate the nuisance, the Borough may cause the nuisance to be abated and collect the cost thereof together with a penalty of 10% of such cost from the landowner of the property.
C.
The collection of the cost of abatement or repair and any associated
or other penalty under the provisions of this article shall not be
construed as stopping the Borough from proceeding in courts of law
or equity to abate, restrain or enjoin conduct forbidden under this
article or from abating the nuisance under existing law. It is hereby
declared to be the purpose of this article to provide additional and
cumulative remedies, and nothing in this article shall in any way
abridge or alter rights of action or remedies now or hereafter existing
in equity or under the common law or statutory law, including the
right of the Borough to lien affected property under the Municipal
Claims and Liens Law, 53 P.S. § 7101 et seq.[1]
[Added 7-19-1965 by Ord.
No. 267; amended 5-20-1968 by Ord. No. 295; 4-21-1969 by Ord. No. 302; 4-19-1971 by Ord. No. 315]
No building lot located in the Borough of Fox Chapel, except
those lots in the Aspinwall-Delafield Plan of Lots, which is not on
the effective date of this article connected with the sanitary sewers
constructed, owned or leased by the Borough, shall hereafter become
so connected, directly or indirectly, except in accordance with a
permit issued by the Borough Manager and payment to the Borough of
the fee or fees hereinafter provided, which shall be in addition to
the fee provided by Ordinance No. 143, as amended.[1]
[Added 7-19-1965 by Ord.
No. 267; amended 4-21-1969 by Ord. No. 302; 4-19-1971 by Ord. No. 315; 10-15-1990 by Ord. No. 514]
The developer of a subdivision or plan of lots shall defray
all costs for extending a sewer or sewers to the Borough of Fox Chapel
Sanitary Authority sewer line(s) and also for the cost of all sewers
in the plan of lots and such other costs as may be related thereto
and shall comply with all Borough and Sanitary Authority requirements,
including the payment of all applicable fees.
[Added 7-19-1965 by Ord.
No. 267; amended 10-15-1990 by Ord. No. 514]
Council shall have the power to waive the sewer connection permit
fee in cases where, by reason of the contribution made by owners of
lots to the costs of sewer systems located within or outside the Borough
serving such lots, collection of such fees would, in the opinion of
Council, be inequitable.
[Added 4-24-1980 by Ord.
No. 418]
No sanitary sewer lateral from any building or structure may
be connected to any sanitary sewer owned, operated or leased by the
Borough, nor may a connection be made to an existing lateral which
connects to such a sewer without the builder, developer or owner of
the building or structure first submitting an application for and
obtaining a connection permit from the Borough Manager or an authorized
representative of the Manager.
[Added 4-24-1980 by Ord.
No. 418; amended 7-25-1980 by Ord. No. 424; 10-15-1990 by Ord. No. 514]
Prior to the issuance of any connection permit, the applicant
or his or her authorized representative shall pay to the Borough of
Fox Chapel a permit fee in accordance with the schedule of fees as
from time to time established or amended by Borough Council.
[Added 4-24-1980 by Ord.
No. 418]
A.
In the event a wye connection is not available, or in case a request
is approved to locate a building lateral so that an existing wye is
not used, and it becomes necessary to connect elsewhere into the public
sanitary sewer, a mechanical tap shall be made.
B.
Said tap shall be made by Borough personnel only. The cost of making
the tap shall be borne by the applicant, said cost to include actual
labor and material costs plus 20%. Under no circumstances shall connections
to public sanitary sewers be made other than by a mechanical tap.
Connection into existing manholes shall not be permitted unless a
stub was provided for such purpose at the time the public sewer was
constructed.[1]
