[Adopted 1-7-2002 by Ord. No. 2002-1]
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.