[Ord. 4-2009, 11/11/2009]
The purpose of this Part is the establishment of the requirement
of mandatory connection to the Oxford Area Sewer Authority village
sewer system for the specific, defined and limited area known commonly
as the "Village of Lincoln," specifically being certain portions of
Ashmun Avenue, Broad Street, Cherry Street, Elkdale Road, Elkview
Road, First Avenue, Park Lane, Second Avenue, Third Avenue and Walnut
Street along which and within which are situated certain lots, all
specifically identified and numbered on the map attached hereto as
Exhibit A, entitled "Eligible Lincoln Village Sewer Lots," and Schedule
1 thereto, which is incorporated herein by reference as though set
out in full.[1]
[1]
Editor's Note: Said map and schedule are on file in the
Township offices. Ordinance 2-2011, adopted 4/13/2011, placed a moratorium
on new connections until all dwellings with existing failing systems
within the eligible area were connected to the system. The moratorium
was removed 12/14/2011 by Ord. 7-2011, 12/14/2011.
[Ord. 4-2009, 11/11/2009]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this Part shall be as follows:
The Oxford Area Sewer Authority, a municipality authority
existing and governed pursuant to provisions of the Municipality Authorities
Act (53 Pa.C.S.A., Ch. 56), as amended and supplemented, of the commonwealth.
Any room, group of rooms, apartment, house trailer, building
or other enclosure connected, directly or indirectly, to the village
sewer system and occupied or intended for occupancy as separate living
quarters by a family or any other group of persons living together
or by a person or persons living alone.
Any property upon which there is erected any structure intended
for continuous or periodic habitation, occupancy, or use by human
beings or animals and from which sanitary sewage shall be or may be
discharged.
Any improved property which shall be used, in whole or in
part, for manufacturing, processing, cleaning, laundering or assembling
any product, commodity or article or from which any process waste,
as distinct from sanitary sewage, shall be discharged.
Solid, liquid or gaseous substances or forms of energy rejected
or escaping in the course of any industrial, manufacturing, trade
or business process or in the course of development, recovery or processing
of natural resources, as distinct from sanitary sewage, including
such groundwater, surface water or stormwater as may be present.
The sewer main constituting part of the village sewer system,
extending from a point in the Township to the connection with the
university sewer system.
That part of the sewer system extending from a 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 that is provided for connection
of any sewer.
Any room, group of rooms, building or other enclosure connected,
directly or indirectly, to the village sewer system, which does not
constitute either a domestic establishment or an industrial establishment.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, corporation, partnership, limited liability
company, copartnership, firm, company, corporation, association, joint-stock
company, trust, estate, governmental entity or any other legal entity,
or their legal representatives, agents, or assigns. The masculine
gender shall include the feminine, and the singular shall include
the plural where indicated by the context.
Normal water-carried household and toilet waste from any
improved property, excluding, however, the effluent from septic tanks
or cesspools, rainwater, stormwater and groundwater, as well as roof
or surface water drainage or percolating or seeping waters, or accumulation
thereof, whether underground or in cellars or basements.
The Township of Lower Oxford, Chester County, Pennsylvania,
a political subdivision of the commonwealth, acting by and through
its authorized representatives.
The sewage collection system, together with the sewage treatment
plant, including all related and necessary facilities, to be acquired,
constructed, owned and operated by the university, including all future
additions and improvements thereto, in and for providing sewage collection,
transportation and treatment services for the university.
The plans and drawings titled "Gravity Sewers, Pump Station,
and Force Main Design for Lincoln Village," prepared by Light-Heigel
& Associates, Inc., dated December 11, 2007, as revised through
June 27, 2008, a set of which are on file in the offices of the Authority.
The sewage collection system, together with the interceptor,
meter facilities and pumping facilities, including all related and
necessary facilities, to be acquired, constructed, owned and operated
by the Authority, including all future additions and improvements
thereto, in and for providing sewage collection and transportation
services for the village, and to be connected to the university sewer
system.
[Ord. 4-2009, 11/11/2009]
1.
The owner of any improved property which is included on any of the
above-referenced streets within the Village of Lincoln University
and which is specifically identified and numbered on the map which
is attached hereto as Exhibit A and Schedule 1 and which is included
within the specific limited area known as "Eligible Lincoln Village
Sewer Lot," and only such property, shall connect such improved property
with such sewer, in such manner as the Authority may require, within
one year after adoption of this Part, such owner from Lower Oxford
Township to make such connection, for the purpose of discharging all
sanitary sewage from such improved property; subject, however, to
such limitations and restrictions as shall be established herein or
otherwise by the Authority from time and time.
2.
All sanitary sewage from any identified eligible property, after
connection of such improved property, shall be conducted into such
sewer; subject, however, to such limitations and restrictions as shall
be established herein or otherwise by the Authority from time to time.
3.
No person shall place, shall deposit, or shall permit to be placed
or deposited upon public or private property within this Township
any sanitary sewage or industrial waste in violation of this Part.
4.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle
shall be used or shall be maintained at any time upon any improved
property that has been connected to a sewer or that shall be required
under previous sections 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 Authority, shall
be cleansed and shall be filled, at the expense of the owner of such
improved property, unless otherwise provided for by the Authority,
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 the Authority, not 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.
Lower Oxford Township shall have the right to pursue this nuisance
action against the property owner.
5.
The notice by Lower Oxford Township, or by the Authority on this
Township's behalf, to make a connection to a sewer may be given
at any time after a sewer is in place that can receive and can convey
sanitary sewage and for treatment and disposal from the particular
improved property and when capacity within that sewer system is available.
[Ord. 4-2009, 11/11/2009]
In case any owner of property required to connect to such sewer
shall neglect or refuse to connect with and use said sewers for such
period of one year after adoption of this Part, Lower Oxford Township
and the Authority or their agents may enter upon such property and
construct such connection. In such case, the Authority or Lower Oxford
Township shall, forthwith upon completion of the work, send an itemized
bill of the costs of construction of such connection to the owner
of the property to which connection has been made, which bill shall
be payable forthwith. In case of neglect or refusal by the owner of
such property to pay said bill, a municipal lien for said construction
shall be filed within six months of the date of completion of the
construction of said connection, the same to be subject in all respects
to the general law providing for the filing and recovery of municipal
liens.
[Ord. 4-2009, 11/11/2009]
Any person or entity required to connect to a property with
the sewer system of the Authority shall make application for a tapping
permit therefor to Lower Oxford Township on forms furnished by the
Township and shall set forth, in said application, the character of
structure and use, the lot number and location, and the name of the
person who is to make the connection.
[Ord. 4-2009, 11/11/2009]
No privy vault, cesspool, septic tank or similar receptacle
for human excrement shall at any time, now or hereafter, be connected
with the sanitary sewers of the Authority.
[Ord. 4-2009, 11/11/2009]
The construction of all private sewers or laterals and their
connections with any lines of the sewer system shall be done in accordance
with rules and regulations established by the Authority and shall
be inspected by Lower Oxford Township, its representative, before
being covered.
[Ord. 4-2009, 11/11/2009]
The Board of Supervisors of Lower Oxford Township hereby delegates
to the Oxford Area Sewer Authority the sole and exclusive authority
for the administration of this monthly sewer fee and billing, as well
as the Board of Supervisors of Lower Oxford Township shall, by separate
resolution, establish a connection, tapping fee and a permit fee.
[Ord. 4-2009, 11/11/2009]
Any connection charge established by Lower Oxford Township shall
be payable upon receipt of the invoice for the same but shall include
a provision for payments over time, to be paid in full within 24 months
of the connection.
[Ord. 4-2009, 11/11/2009]
It shall be unlawful for any person, firm or corporation to
tap into said village sewage system before making payment of the charges
herein established.
[Ord. 4-2009, 11/11/2009]
Any person(s), partnership or any agents or executive officers
of any corporation violating any provisions of this Part shall, upon
conviction, be subject to a fine of not less than $200 and not more
than $1,000 for each offense and an equal fine amount for each thirty-day
period, or fraction thereof, wherein the violation is not corrected
to the satisfaction of the Authority or Lower Oxford Township. Additionally,
if this matter is turned over to an attorney, costs for litigation
shall be added to the fine amount. Each day or portion thereof in
which a violation exists shall be considered a separate violation,
and each section of this Part which is violated shall be considered
a separate violation.
[Ord. 4-2009, 11/11/2009]
The provisions of this Part shall be severable; and if any of
the provisions shall be held to be unconstitutional or invalid for
any reason, such decision shall not affect the validity of any of
the remaining provisions of this Part. It is hereby declared as the
legislative intent that this Part would have been adopted had such
unconstitutional or invalid provision not been included therein.
