[Ord. 88, 7/9/2003, § 1]
For the purpose of this Part, unless otherwise expressly used,
the following terms shall have the meanings herein respectively indicated:
Bath Borough Municipal Authority, a Pennsylvania municipality
authority.
The Board of Supervisors of Upper Nazareth Township.
The extension from the sewer drainage system of any structure
to the lateral of a sewer.
Any property located 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 waste shall be or may be discharged.
That part of the sewer system extending from sewer to the
curbline, or, if there shall be no curbline to the property line,
or, if no such lateral shall be provided, then "lateral" shall mean
that portion of, or place in, a sewer which is provided for connection
of any building sewer.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property or real estate.
Any individual, firm, partnership, company, association,
society, trust, corporation or other group or entity of any kind.
Normal water-carried household and toilet wastes discharged
from any improved property.
All facilities, as of any particular time, for collecting,
transporting, pumping, treating and disposing of sanitary sewage and
industrial waster, situated in or adjacent to this Borough, owned
and operated by the Authority.
Any pipe, main or conduit constituting a part of the sewer
system used or usable for sewage collection purposes.
Any street, alley, public way and public place as now laid
out, whether opened or unopened, dedicated to public use, and all
extensions or additions thereof as may now or hereafter be made.
The Township of Upper Nazareth, Northampton County, Pennsylvania,
a municipality of the Commonwealth of Pennsylvania, acting by and
through its Board of Supervisors, or, in appropriate cases, acting
by and through its authorized representatives.
All facilities for distribution of water services owned by
Bath Authority as of any particular time for processing distribution
of and providing water owned by Bath Authority or provided to the
Township which is part of the Bath Authority systems.
[Ord. 88, 7/9/2003, § 2]
1.
The Township, by and through its Board of Supervisors, shall enter
into an agreement with the Authority which agreement shall, inter
alia:
A.
Grant to the authority the right and privilege of constructing, maintaining
and operating within the Township a collection system for sanitary
sewage, which sewage will be transported by said system to the expanded
plan of the Authority and a distribution system for the providing
of water service to the several residents of a western portion of
the Township.
(1)
Authorize the Authority to enter into agreements and contracts
with developers in the Township to construct said sewage plants and
water distribution system in accordance with the requirements and
specifications of the Authority and to transfer title and interest
in those sewer and water lines and collection and distribution systems
to the Authority.
(2)
Authorize the Authority in the operation of the construction,
maintenance and operation of the collection and distribution system,
to provide for the payment of the necessary costs of construction,
maintenance and operation in accordance with the terms of this Part,
laws of the Commonwealth of Pennsylvania and rules and regulations
which may be promulgated by the Authority and the Township.
B.
The Authority's construction and maintenance of the systems
shall be performed so as not to endanger or interfere with the lives
of persons, or to interfere with new improvements the Township may
deem proper to make, or to unnecessarily hinder or obstruct the free
use of the streets, alleys, bridges, or other public property.
C.
The Authority shall interfere as little as possible with the travel
and use of the streets in the Township during the construction, repair
and maintenance of the systems.
D.
The Authority shall be responsible to restore the streets in accordance
with the reasonable rules, regulations and conditions as shall be
adopted and specified from time to time, by resolution or ordinance
of this Township; and this Township does reserve the right to adopt
and specify, from time to time, such reasonable rules, regulations
and conditions in connection with exercise by the Authority of such
rights and privileges.
E.
In the event that a change is made in the grade of public streets,
alleys, avenues and ground by the Township, which may necessitate
a change in the system to conform to the change of grade, Authority
shall make necessary changes to the system at its own expense upon
due notice from the Board.
F.
Authority will provide service of system without any installation,
monthly service charge or any charge whatsoever to the Township Fire
Department, Township Municipal Buildings, Township Police and Fire
Stations within the area to be served by this Part, or as this Part
may be in the future be amended.
[Ord. 88, 7/9/2003, § 3]
1.
All sanitary sewage and industrial wastes from any property, after
connection of such property with a sewer, shall be required to be
conducted into a sewer, subject to the rules and regulations as shall
be established herein or as otherwise shall be established by the
Authority from time to time.
2.
No person shall place or deposit or permit to be placed or deposited upon public or private property within this Township any sanitary sewage or industrial wastes in violation of Subsection 1. No person shall discharge or permit to be discharged to any natural outlet within this Township any sanitary sewage or industrial wastes in violation of Subsection 1, except where suitable treatment has been provided which is satisfactory to the Authority.
3.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or maintained at any time upon any property which has been connected to a sewer or which shall be required under Subsection 1 to be connected to a sewer. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned, and, at the discretion of the Township, shall be cleaned and filled at the expense of the owner of such property and under the direction and supervision of the Authority; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned, and if required by this Township, cleansed and filled, shall constitute a nuisance and such nuisance may be abated as provided by law, at the expense of the owner of such improved property.
[Ord. 88, 7/9/2003, § 4]
1.
No person shall uncover, connect with, make any opening into or use,
alter or disturb in any manner any sewer or any part of the sewer
system, any water line or part of the water distribution system without
first obtaining a permit, in writing from the Authority.
2.
Application for a permit required under Subsection 1 of this section shall be made by the owner of the improved property served or to be served.
3.
No person shall make or cause to be made a connection to any improved
property with a sewer or water hook-up until such person shall have
fulfilled each of the following conditions:
A.
Such person shall have notified the Authority of the desire and intention
to connect such improved property to sewer and water.
B.
Such person shall have applied for and obtained a permit as required by Subsection 1 of this section.
C.
Such person shall have given the Authority at least 24 hours'
notice of the time when such connection will be made so that this
Township and the Authority may supervise and inspect the work of connection
and necessary testing.
D.
Such person shall have furnished satisfactory evidence to the Authority
that any tapping fee charged and imposed by the Authority against
the owner of each property who connects such property to sewer and
water has been paid.
4.
All costs and expenses of construction of a building sewer and all
costs and expenses of connection of a building sewer to a sewer, including
testing, shall be borne by the owner of the improved property to be
connected; and such owner shall indemnify and save harmless the Authority
from all loss or damage that may be occasioned, directly or indirectly,
as a result of connection of a building sewer to a sewer.
5.
A building sewer shall be connected to a sewer at the place designated
by the Authority and where the lateral is provided. The invert of
a building sewer at the point of connection shall be at the same or
a higher elevation than the invert of the sewer. A smooth, neat joint
shall be made and the connection of a building sewer to the lateral
shall be made secure and watertight.
[Ord. 88, 7/9/2003, § 5]
1.
No building sewer shall be covered until it has been inspected and
approved by the Authority. If any part of a building sewer is covered
before so being inspected and approved, it shall be uncovered for
inspection at the cost and expense of the owner of the improved property
to be connected to a sewer.
2.
Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
3.
Every excavation for a building sewer shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Streets, sidewalks and all other public property disturbed
in the course of installation of a building sewer shall be restored,
at the cost and expense of the owner of the improved property being
connected, in a manner satisfactory to the Authority.
4.
If any person shall fail or refuse, upon receipt of a notice from
the Authority, in writing, to remedy and unsatisfactory conditions
with respect to a building sewer, within 45 days of receipt of such
notice, this Township may refuse to permit such person to discharge
sanitary sewage and/or industrial wastes into the sewer system until
such unsatisfactory conditions shall have been remedied to the satisfaction
of the Authority.
5.
This Township authorizes the Authority to adopt, from time to time,
additional rules and regulations as it shall deem necessary and proper
relating to connections to the sewer system and the water system,
which additional rules and regulations to the extent appropriate,
shall be construed as a part of this Part.
[Ord. 88, 7/9/2003, § 6; as amended by A.O.]
1.
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 that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
2.
Fines and costs imposed under provisions of this Part shall be enforceable
and recoverable in the manner at the time provided by applicable law.
[Ord. 88, 7/9/2003, § 8]
It is hereby declared that the enactment of this Part is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this Township.
[Ord. 88, 7/9/2003, § 9]
1.
Authority shall, at all times, keep in effect the following types
of minimum insurance coverage:
A.
Workmen's compensation upon its employees engaged in any manner
in the installation or servicing of its plant and equipment within
the Township.
B.
Property damage liability insurance to the extent of $500,000 per
accident with up to $1,000,000 personal injury liability insurance.
This insurance shall be placed with a food and reliable company and
proof of insurance shall be submitted to the Township at the time
of acceptance of this Part by the Authority, and periodically thereafter
as often as such policy or policies shall be replaced or reissued.
Authority shall indemnify, protect and save harmless the Township
from and against losses and physical damages to property, or in bodily
injury or death to persons, including payments made under any Workmen's
Compensation Law, which may arise out of or be caused by the construction,
maintenance, and operation of sewage system, within the Township,
or by any act of Authority, its agents or employees. Authority shall
carry insurance in the above-described minimum amounts to protect
the parties hereto from and against all claims, damages, actions,
judgments, costs, expenses and liabilities which may arise or result,
directly or indirectly, from or by reason of such loss, injury or
damage. All insurance required shall be and remain in full force and
effect for the entire life of the rights granted hereunder.
[Ord. 88, 7/9/2003, § 10]
The Township shall have the right to supervise all construction,
installation, or excavation work performed on the streets subject
to the provisions of this Part and to make such inspection as it shall
find necessary to insure compliance with governing ordinances.
[Ord. 88, 7/9/2003, § 11]
Authority is subject to all requirements of the Township ordinances,
rules and regulations and specifications of the Township heretofore
or hereafter enacted or established including, but not limited to,
those concerning street work, street excavation, use, removal and
relocation of property within a street and other street work.
