Township of Carroll, PA Article IV Mandatory Connection to Certain Sewer Line

[Adopted 4-3-1986 by Ord. No. 54-1986]

§ 308-25 Connection to sewer system required.

A. The owner of each improved property within the Township limits which is benefited, improved, or accommodated by a sanitary sewer line which is to be constructed by the Dillsburg Area Authority or the Township on Mountain Road, Homewood Street, pertinent portions of Mumper Lane, portions of Ore Bank Road, and the Fairway Hills subdivision, as well as an extension main which connects said lines to the municipal system, and such other mains as may be constructed by the Township into which there is generated sanitary sewage or industrial waste, shall, upon receipt of written notice from the Township or the Dillsburg Area Authority on behalf of the Township, connect such improved property to the sewage system without delay, in accordance with the rules and regulations of the Authority which are currently in effect. For the purpose of this article, an improved property shall be deemed accessible to the sewer system of the Authority if the following conditions be met:

(1) Such property abuts upon or adjoins a public street, alley, road, or other public highway in which there is a collection line of the sewer system owned or operated by the Authority;

(2) If a collection line of said sewer system runs through said property; and if any part of the principal building on such property is within 150 feet of any such sewer collection line, provided the subject property is not exempted from the mandatory connection directive by the terms and conditions of the Sewage Service Agreement between the Township and the Authority dated April 3, 1986.

B. If any owner of improved property required to be connected to said system shall neglect or refuse to connect therewith after receiving written notice so to do, the Township shall give such owner written notice making reference to this section of the article, and ordering such owner to make the required connection within 60 days of the date of said notice. Upon failure of such owner to make the required connection within said sixty-day period, the Township, or its agents, shall, in accordance with the provisions of the Second Class Township Code,[1] enter upon such property and construct such connection, and, upon completion of the construction, send an itemized bill of the cost of the construction of such connection to the property owner, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such property to pay said bill, it shall be the duty of the proper Township officials and Township Solicitor to file municipal liens for the cost of said construction within six months of the date of the completion of the construction of said connection.

[1] Editor's Note: See 53 P.S. § 65101 et seq.

C. If any owner of improved property within the Township shall have failed to connect his or her property to the sewer system, as required by Subsection A, and the Township shall have given such owner written notice pursuant to Subsection B of this article, and if such owner shall have failed within the sixty-day period to make the required connection, such failure shall be, and hereby is, declared a violation of this article, and such owner shall upon conviction thereof forfeit and pay to the use of the Township a sum not exceeding $200 for each 30 days, or fraction thereof, during which such violation shall persist, together with the cost of prosecution, such sums to be collected as prescribed by law. The sum herein forfeited shall be considered a penalty.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

D. It shall be unlawful, in the case of new connections, at any time after the latter of 60 days from the receipt of written notice pursuant to Subsection A or B of this article, or the date on which the Authority may accept sewage into the sewer system, or the Township may accept sewage into the main to be constructed by the Township, or pursuant to this Subsection D in the case of other violations, for any person, firm, or corporation:

(1) To own, maintain, operate, or use within the Township a privy, cesspool, vault, septic tank or similar receptacle designed for sanitary sewage, upon any property now or hereafter improved, which is accessible to the sewer system;

(2) To connect any such privy, cesspool, vault, septic tank or similar receptacle with any sewer line;

(3) To discharge industrial waste into any storm sewer or other sewer or outlet other than that which is connected to mains leading to the treatment plant of the Authority;

(4) To violate the rules and regulations of the Authority governing the sewer system, including permitting the discharge of roof water, stormwater, surface drainage, or foundation drainage into the sewer system, connections to the sewer system without first obtaining a permit from the Authority, or permitting an inspection of a building sewer and connection by the Authority, or its agent, or discharging industrial waste or other substance into the sewer system otherwise than in accordance with the Authority rules and regulations; or

(5) To violate any additional rules and regulations as may be established by Carroll Township for sewage to be introduced into mains constructed by or for Carroll Township.

E. All persons, firms, or corporations violating Subsection D of this article shall, upon conviction thereof, forfeit or pay to the use of the Township a sum not exceeding $100 for each 60 days, or fraction thereof, that such violation shall persist, together with the costs of prosecution, which sums shall be collected as prescribed by law. The sum herein forfeited shall be considered a penalty.

F. No owner of property shall be permitted to discharge into the sewer system any waste or drainage other than sanitary sewage, except as may be expressly permitted by the rules and regulations of the Authority which are currently in effect.

G. Notice to property owners under Subsections A and B of this section may be given either by personal service or by registered or certified mail sent to the last known address of such owner.

§ 308-26 Covenants of Township.

A. Carroll Township hereby covenants and agrees with the Dillsburg Area Authority that it will not repeal or rescind § 308-25 of this article unless and until the agreement between the Authority dated as of April 3, 1986, shall have been amended or revoked by the parties thereto, and that it will at all times vigorously enforce the requirements and prosecute violations hereof.

B. The Township hereby covenants and agrees with the Authority that it will, to the extent permitted by law, pay over to the Authority all fines and penalties collected under § 308-25 of this article, less the cost of collection paid or incurred by the Township.

C. Any developer of land to which the subdivision or land development ordinances of the Township shall apply, and whose property can be served by the sewer system, shall construct sewer collection lines within the development in accordance with the Authority's rules and regulations, as well as other ordinances of this Township, and upon the Authority's approval of such construction, shall convey the lines to the Authority unless they are connected directly to a line constructed by the Township. The Township shall procure from the Authority a specific capacity to be reserved for such development, and shall notify the developer within 30 days from such allocation by the Authority of the number of units for which treatment is reserved for that developer. Each such developer shall pay to the Authority such charges as may be established by the Authority from time to time, for the reservation of capacity in the treatment plant, and shall pay to the Township such other costs or charges as may be required by ordinances of the Township.

§ 308-27 Authority rates, rules, and regulations.

A. The Township hereby approves the rules and regulations of the Authority governing the sewer system, and agrees to cooperate with the Authority in the enforcement thereof.

B. Said rules and regulations shall apply to all persons connected to the sewer system, whether required to do so by this article, or voluntarily connected to said system. Said persons will also be subject to any additional rules and regulations which may be required by ordinance of the Township. A copy of said rules and regulations of the Authority, as well as further regulations as may be required by the Township, and all amendments thereto, shall be filed with the Township Secretary for inspection by interested individuals.

C. All persons connected to the sewer system, whether required to do so by this article, or voluntarily connecting thereto, shall pay sewer rentals to the Authority, in accordance with the rate schedules established by the Authority from time to time, as well as any additional sewer rentals as may be required by ordinance of the Township.

§ 308-28 Prior ordinance and construction.

All ordinances and resolutions or parts thereof which are inconsistent herewith are hereby repealed to the extent of the inconsistency, but nothing herein shall be construed to permit any person connected to sewer facilities within the Township other than the Authority's sewer system to disconnect therefrom, nor shall this article repeal or affect in any way any pending violations of other ordinances of the Township relating to sewer facilities or any prosecutions thereunder.