This article shall be known as the "Capped Sewer Ordinance."
For the purpose of this article, the following terms shall have
the meaning indicated:
DEVELOPER
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
LAND DEVELOPMENT
A.
The improvement of one or two or more contiguous lots, tracts,
or parcels of land for any purpose, including large-scale agricultural
operations and earthmoving activities in excess of one acre, involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
(2)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of, streets, common areas,
leaseholds, condominiums, cooperatives, building groups or other features.
B.
A subdivision of land; provided, however, that the addition
of an accessory building, including farm buildings less than 8,000
square feet in size, on a lot or lots subordinate to an existing principal
building, shall not constitute a "land development," as defined herein.
SUBDIVISION
The subdivision or redivision of a lot, tract, or parcel
of land by any means into two or more lots, tracts, parcels, or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devises, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Sanitary sewers shall be planned and constructed by the developer
in all instances where sanitary sewer facilities for transporting
sewage for treatment are available to which the developer can connect.
If such facilities are not available, but the subdivision or land
development is within the five-year or ten-year future growth/sewered
areas as defined by the Municipality's Official Sewage Facilities
Plan, or will, in the opinion of the Board of Supervisors (hereinafter
called the "Board"), become available within a reasonable time or,
shall be requested by the appropriate governmental agency responsible
for the planning, development or regulation of community sewage systems,
then sanitary sewers shall be installed by the developer and all termini
shall be capped by him.
The sanitary engineer for the Metal Township Municipal Authority
(hereinafter "Authority") shall design, or approve the design if formulated
by others, and shall supervise and inspect construction of all sanitary
sewers constructed by the developer in order to give assurance that
said sewers will coordinate and have congruity with the Board's
overall comprehensive sewer plans. All sewage pumping stations, interceptors
and treatment plants to be installed by the developer shall be designed
by (or approved by, if the design is formulated by others) the Authority's
sanitary engineer who shall also supervise and inspect construction
thereof.
Design, approval of design, supervision and inspection fees
for services rendered on behalf of the developer by the Authority's
sanitary engineer shall be in accordance with fees set forth from
time to time by the Authority for such purposes.
Any person, partnership, or corporation who or which shall violate a provision of this article shall be subject to the fines, costs and penalties as a nuisance under Chapter
14, §
14-3 et seq.