[Ord. 2005-2, 2/10/2005, § 1]
1. 
The introductory clauses of this Part, but not the title, shall be considered integral parts of this Part as statements of intention and purpose.
2. 
Unless the context specifically and clearly indicates otherwise, the meanings of terms and phrases used in this Part shall be as follows:
ACT 537 PLAN
The Official Sewage Facilities Plan for Stewartstown Borough, including portions of Hopewell Township dated November, 1998, and revised May, 2002.
AUTHORITY
The Stewartstown Borough Authority, York County, Pennsylvania, a municipal authority organized and existing under the laws of the Commonwealth of Pennsylvania.
BOROUGH
Stewartstown Borough, York County, Pennsylvania, a Borough of the Commonwealth of Pennsylvania.
BUILDING SEWER
The extension from the sewage drainage system of any structure to the lateral of a sewer.
IMPROVED PROPERTY
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.
INDUSTRIAL WASTE
Any waste that is not sanitary sewage.
LATERAL
That part of the sewer system extending from a sewer to the curb line, or if there shall be no curb line, to the property line, or, if no such lateral shall be provided, then "lateral" shall mean that portion of, or place in, a sewer that is provided for connection of any building sewer.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, company, association, society, corporation or other group or entity.
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any improved property.
SEWER
Any pipe or conduit constituting a part of the sewer system used or usable for sanitary sewage collection purposes.
SEWER SYSTEM
All facilities for the collection, transportation, pumping, treatment or disposal of sanitary sewage situate in the Township or Borough that are owned or operated by the Authority or Borough.
STREET
Includes any street, road, lane, court, cul-de-sac, alley, public way, public square or right-of-way.
TOWNSHIP
The Township of Hopewell, York County, Pennsylvania, a second class township of the Commonwealth of Pennsylvania.
WATER SYSTEM
The water supply system owned by the Authority and operated by the Borough, their respective successors or assigns, including mains, pipes, fittings, valves, accessories and appurtenant water supply works and water distribution system facilities, including all property, real, personal and mixed, rights, powers, licenses, easements, rights-of-way, privileges, franchises and other property or interests in property of whatsoever nature used or useful in connection with all such facilities and together with all additions, extensions, alterations, improvements and betterments thereof or thereto which may be made, installed or acquired, from time to time, by or for the Authority or Borough.
[Ord. 2005-2, 2/10/2005, § 2]
1. 
The owner of any improved property adjoining or adjacent to or whose principal building is within 150 feet of the sewer system shall connect to and use the sewer system within 60 days after written notice to such owner to make such connection from the Township, the Borough or the Authority. Such written notice shall include a reference to this Part, and shall be served upon the owner either by personal service or by registered or certified mail, or by such other method as at the time may be provided by law. If an owner shall fail to connect such improved property, as required, the Township, the Borough or the Authority, or their agents, may enter upon the improved property and make such connection. The Township, the Borough or the Authority shall send an itemized bill of the cost of construction to the owner of the improved property, which bill shall be payable immediately. If the owner fails to pay the bill, then the Township, the Borough or the Authority shall file a municipal lien for the cost of construction within six months after the date of the completion of said connection.
2. 
No person shall place or deposit, or permit to be placed or deposited, upon public or private property, or any natural outlet within the Township, any sanitary sewage in violation of this Part, except where suitable treatment has been provided which is satisfactory to the Township.
3. 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used and maintained at any time upon any improved property which has been connected to the sewer system or which is required to be connected to the sewer system under this Part. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be abandoned and, at the discretion of the Township or Authority, shall be cleansed and filled under the direction and supervision of the Township or Authority and at the expense of the owner. Any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned, and, if required, cleansed and filled, shall constitute a nuisance and may be abated as provided by law, at the expense of the owner of such improved property. No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be connected at any time to the sewer system.
4. 
In the event that the Authority's water system abuts or is adjacent to an improved property that is connected to or that is required to connect to the sewer system, then the owner of the improved property shall also be required to connect to the Authority's water system within 90 days after written notice to such owner to make such connection from the Township, the Borough or the Authority. Such written notice shall include a reference to this Part, and shall be served upon the owner either by personal service or by registered or certified mail, or by such other method as at the time may be provided by law. If an owner shall fail to connect such improved property, as required, the Township, the Borough or the Authority, or their agents, may enter upon the improved property and make such connection. The Township, the Borough or the Authority shall send an itemized bill of the cost of construction to the owner of the improved property, which bill shall be payable immediately. If the owner fails to pay the bill, then the Township, the Borough or the Authority shall file a municipal lien for the cost of construction within six months after the date of the completion of said connection.
5. 
New buildings or structures to be connected to the sewer system or water system shall be connected prior to habitation, occupancy or use, and no certificate of occupancy shall be issued for any such improved property unless and until it has been connected to the sewer system or water system, inspected and approved by the Borough or the Authority.
[Ord. 2005-2, 2/10/2005, § 3]
1. 
No person shall uncover, connect with, make any opening into or use, alter or disturb, in any manner, any part of the sewer system or the water system without first making an application for and obtaining a permit, in writing, from the Borough or Authority, and paying all fees in connection therewith.
2. 
No person shall make or shall cause to be made a connection of any improved property into the sewer system or the water system until such person shall have fulfilled each of the following conditions:
A. 
Such person shall have notified the designated representative of the Borough or Authority of the desire and intention to connect such improved property to the sewer system or the water system.
B. 
Such person shall have applied for and shall have obtained a connection permit.
C. 
Such person shall have given such designated representative of the Borough or Authority at least 48 hours' notice of the time when such connection will be made so that the Borough or Authority may supervise and inspect, or may cause to be supervised and inspected, the work of connection and necessary testing.
D. 
Such person shall have furnished satisfactory evidence to such designated representative of the Borough or Authority that any fee charged and imposed by the Borough or the Authority against the owner of each improved property who connects to the sewer system or the water system has been paid.
3. 
All costs and expenses of the connection of an improved property to the sewer system or the water system shall be borne by the owner of the improved property to be connected, and such owner shall indemnify and shall save harmless the Township, the Borough and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of the connection of the improved property to the sewer system or the water system.
4. 
An improved property shall be connected to the sewer system or the water system at the place designated by the Borough or the Authority. For connections to the sewer system, 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 sound and watertight.
5. 
All connections to and use of the sewer system or the water system shall be made in conformance with the rules and regulations of the Authority or Borough, as may be adopted, established or amended from time to time.
6. 
Each improved property shall be connected separately and independently to the sewer system through a building sewer, or to the water system in a manner approved by the Borough or the Authority. A grouping of more than one structure on an improved property or a grouping of more than one improved property on one building sewer or on the water system is prohibited, except under special circumstances and for good sanitary reasons or other good cause shown. Such grouping is subject to special permission of the Borough or the Authority and will be subject to such rules, regulations and conditions as prescribed by the Borough or the Authority.
7. 
If any person shall fail or shall refuse, upon receipt of a written notice from the Township, the Borough or the Authority, to remedy any unsatisfactory condition with respect to connection to or use of the sewer system or the water system within 30 days of receipt of such notice, the Township, the Borough or the Authority may take the following action:
A. 
With respect to the sewer system, take such action as is authorized by law.
B. 
As to the water system, refuse to permit such person to use the water system until such unsatisfactory condition shall have been remedied to the satisfaction of the Township, the Borough, or the Authority.
8. 
Where an improved property, at the time connection to a sewer is required, is served by its own sewage disposal system or sewage disposal device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or sewage disposal device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer.
9. 
The internal water and plumbing system of any Improved property serviced by a private water system or on-lot water system shall be immediately disconnected upon the connection of such building to the water system, and such private or on-lot system shall not be used for human consumption. There shall be no cross-connection of any private water system or on-lot water system with the water system. The owner of an improved property who connects to the water system may, but shall not be required to, cap the private or on-lot water system. If the owner chooses to do so, he or she shall notify the Borough or the Authority before capping the system, and shall comply with all requirements of the Borough or the Authority for doing so. If the owner chooses not to do so, then the Township, the Borough, or the Authority shall have the right, upon notice to the owner and occupant of the improved property, if different from the owner, to enter the premises to inspect the plumbing at all points of connection to the water system, or possible points of connection to the private water system, to assure that no cross-connection exists. In the event that the owner or occupant of an improved property for whose property this section applies, and who has not capped his or her private or on-lot water system, refuses to allow such inspections, then that owner shall immediately he required to cap his or her private or on-lot water system in the manner set forth in this section.
10. 
No building sewer or connection to the water system shall be covered until it has been inspected and approved by the Borough or the Authority. If any part of a building sewer or connection to the water system 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 system or the water system.
11. 
Every building sewer of any improved property or connection to the water system shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
12. 
Every excavation for a building sewer or connection to the water system shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk and other property disturbed in the course of installation of a building sewer or connection to the water system shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to the Township.
[Ord. 2005-2, 2/10/2005, § 4]
1. 
Every person required to connect to the sewer system or the water system shall pay to the Borough or the Authority, in such manner and at such time as established by the Borough or the Authority, a tapping fee, a connection fee and any other fees established from time to time by the Borough or the Authority for connection to the sewer system or the water system.
2. 
The Borough or the Authority are authorized to charge the owners, occupiers or users of improved property connected to the sewer system or the water system or required to be connected to the sewer system or the water system user charges at such rates as the Borough or the Authority may from time to time establish for sewer service or water service.
3. 
The sewer service or water service provided by the Borough or the Authority shall be billed and collected by the Borough or the Authority according to its normal operating procedures and in accordance with its rules, regulations and procedures as established from time to time. Any user charges that are delinquent may be collected by the Borough or the Authority by any means provided by law, including the filing of a lien in the manner provided by law for the filing of municipal liens. The Township reserves the right to collect any delinquent accounts on behalf of the Borough or the Authority by any means provided by law in the event that the Township deems it necessary to do so.
[Ord. 2005-2, 2/10/2005, § 5]
To the extent that a person or industrial establishment uses the sewer system for industrial waste, then such industrial use shall be subject to the laws, rules and regulations established by federal, state or local authority for the discharge of industrial waste.
[Ord. 2005-2, 2/10/2005, § 6]
Nothing in this Part shall be construed to give the Borough or the Authority or any other service provider authorization to enforce mandatory connections for sewer or water service or to expand the sewer system or water system beyond the Act 537 Plan service area without the written consent of the Township. The Township by this Part expressly limits the mandatory connection to sewer, and the provisions of this Part to connection to the water system, to the Township's and the Borough's Act 537 Plan service area pursuant to § 18-302, Subsection 4.
[Ord. 2005-2, 2/10/2005, § 7; as amended by Ord. 2016-1, 1/4/2016]
1. 
Any person, firm or corporation who shall violate any provision of this Part or the rules and regulations of the Authority, 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 reasonable attorney fees incurred by the Township in the enforcement proceeding 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. 
Any penalty, fines and costs imposed under provisions of this Part shall be enforceable and recoverable in the manner provided by applicable law.
3. 
Nothing in this section shall prohibit either the Township, Borough or Authority from enforcing the provisions of this Part by any other remedy available at law or in equity, and the remedies provided herein shall be cumulative and concurrent.
4. 
Nothing in this Part shall prevent the Authority from enforcing its rules and regulations within the Township for users of the sewer system or water system.
5. 
The Township reserves the right to delegate enforcement of this Part to the Borough or the Authority.
A. 
Notwithstanding all actions available in § 18-307, Subsection 3, the Township by this Part automatically delegates to the Borough and the Authority the power to enforce the requirements of § 18-302, 18-303, 18-304, or 18-305, and for any emergencies which may arise which require prompt and immediate action by the Borough or the Authority.
[Ord. 2005-2, 2/10/2005, § 8]
1. 
In the event any provision, section, sentence, clause or part of this Part shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Part, it being the intent of the Township that such remainder shall remain in full force and effect.
2. 
It is declared that enactment of this Part is necessary for the protection, benefit, and preservation of the health, safety and welfare of the inhabitants of the Township.
3. 
The Township is authorized to enter into an agreement with the Borough or the Authority in order to carry out the intent and purpose of this Part and in order to comply with the Intergovernmental Cooperation Act, 53 Pa.C.S.A. § 2301 et seq. The Chairman and the Secretary of the Board of Supervisors are authorized to execute that agreement on behalf of the Township. A copy of the agreement is attached hereto as Exhibit 18-3-A and incorporated by reference.[1] Any subsequent amendments or modifications to that agreement may be made and adopted by the Township Board of Supervisors by resolution.
[1]
Editor's Note: Said agreement is on file in the Township offices.