[Added 12-17-2019 by Ord.
No. 2019-04[1]]
[1]
Editor's Note: This article also renumbered former Arts. XII
through XXIII as Arts. XIII through XXIV, respectively.
A.
COMPLIANCE
EMPLOYEES
NOTICE
PRIVATE SEWER SERVICE LATERAL
SUMP PUMP
SYSTEM
TOWNSHIP
TRANSFER
(1)
(2)
(3)
(4)
(5)
USER
Unless the context specifically indicates otherwise, the meanings
of terms used in this article shall be as follows:
Whenever necessary, means compliance with the provisions
of this article set forth herein, and any amendments thereto, as well
as Falls Township Code of Ordinances, and all rules, regulations,
and resolutions of the Township of Falls.
Whenever necessary, means and includes such employees and
designated representatives or officials of the Township of Falls,
as the Township shall, from time to time, designate and utilize in
the making of the inspection and/or tests hereafter described in carrying
out the duties as prescribed herein to be performed on behalf of the
Township.
Advising when inspections and tests of the system should
be performed by the Township.
The sewer pipe extending from a building to the sewer main,
including the saddle connection, if any.
Any pump connected to the private sewer service lateral,
or to any lateral connected to the private sewer service lateral that
is being used to pump ground stormwater into the sanitary sewer system.
All facilities for collecting, pumping, and disposing of
sanitary sewage, which are owned by the Township of Falls, the Township
of Falls Authority, the Lower Bucks County Joint Municipal Authority
or the Municipal Authority of the Borough of Morrisville within the
sanitary sewer service area of the Township of Falls.
The Township of Falls, Bucks County.
The transfer of title to real estate when sale or gift is
intended and excluding transfers that occur for the following reasons:
Conversion: a change in an entity's form or organization, place
of organization or name;
Financing transaction: when realty is transferred by the debtor
solely for the purpose of serving as security for the payment of a
debt; or when no sale or debt is intended;
Living trust is established;
Confirmatory deeds;
The transfer of newly constructed properties from the developer
to the first purchaser.
The owner, lessee, or occupant of the property on which the
buildings and/or appurtenances that are connected to the system are
located.
B.
Throughout this article, references to the singular shall include
the plural, and vice versa, wherever required by the context.
A.
Inspection.
(1)
Prior to the transfer of any property located in the Township
which is connected to the system, the seller of the property shall
be required to retain the services of a master plumber or utility
contractor for the purposes of conducting an inspection of the property
to ensure compliance with the provisions of this article, as well
as the Township's rules, regulations, and resolutions, and to issue
a certified report regarding the state of the private sewer service
lateral serving the property.
(2)
Said inspections shall also require a video inspection of the
sanitary sewer service lateral from the residence to the connection
to the system to ensure compliance.
(3)
Such certified report shall clearly indicate whether the private
sewer service lateral serving the property is in satisfactory or defective
condition as set forth herein and based upon the rules, regulations
and resolutions of the Township and/or sound engineering practice.
(a)
If the private sewer service lateral is in satisfactory condition,
the certified report shall clearly indicate that there is no inflow
and/or infiltration into the private sewer service lateral, nor any
illegal connections, and that the cleanout vent is capped and not
damaged. The report shall identify the type of cap and the height
above grade. All mushroom caps shall be a minimum of six inches above
grade.
(b)
If the private sewer service lateral serving the property is
in defective condition, the certified report shall identify the deficiencies.
(4)
Exception. An inspection shall not be required where the private
sewer service lateral has been inspected and a certified report indicating
that the private sewer service lateral is in satisfactory condition,
that there is no inflow and/or infiltration into the private sewer
service lateral, nor any illegal connections, and that the cleanout
vent is capped and not damaged within the six months immediately preceding
the transfer of the property in question.
B.
Deficiencies.
(1)
Should the certified report state that the private sewer service
lateral is defective based upon the rules, regulations, and resolutions
of the Township, and/or sound engineering practice, the lateral pipe
shall be replaced or realigned, as appropriate. In the sole discretion
of the Township, limited permission for spot and/or minor repairs
and maintenance may be granted. The pipe replacement/realigning/spot
repair shall be performed by a master plumber or utility contractor
in accordance with Township Code of Ordinances requirements, as well
as the then-in-place rules, regulations, and resolutions of the Township.
(2)
A private sewer service lateral that contains a whole building
trap shall not by itself constitute a deficiency under this article.
However, if an inspection reveals inflow and/or infiltration or any
other condition requiring replacement of the lateral, a new or replacement
whole building trap shall not be permitted.
(3)
If the private sewer service lateral requires replacement or
realignment, the property owner shall first obtain the necessary permit(s)
from the Township. The Township shall inspect the work as the replacement
or realignment is performed to ensure compliance with all applicable
Township Code of Ordinances requirements.
(4)
If, in its sole discretion, the Township grants permission to
perform spot and/or minor repairs, upon completion of same, the seller
or property owner shall be required to retain the services of a master
plumber or utility contractor for the purposes of reinspecting the
private sewer service lateral, including a video inspection, and issuing
a certified report regarding the state of the private sewer service
lateral.
C.
In the event that any transfer of title occurs without an inspection
having being conducted and without the seller obtaining a certified
report, the buyer or purchaser of the property shall be responsible
for having the aforementioned inspection conducted, for the submission
of the certified result to the Township, and for the correction of
any deficiencies identified in the certified report.
D.
Upon receipt of a certified report from a master plumber or utility contractor that the private sewer service lateral is in satisfactory condition, as specified in § 184-67.2A(3)(a) herein, or upon final inspection or approval from the Township of the replacement or realignment of the private sewer service lateral, the property owner or seller may submit an application for a private sewer service lateral inspection permit. Upon payment of any application and inspection fee, and upon the Township's receipt and approval of the certification set forth herein, including a copy of the televised video inspection, the Township shall issue a private sewer service lateral inspection permit to the seller who shall deliver said permit to the buyer or purchaser of the property at the time of the sale or conveyance.
E.
In the event that the property owner or seller fails to replace the private sewer service lateral as required by § 184-67.2B(1) herein, the Township shall be authorized as permitted by law to go onto the property and replace the private sewer service lateral and charge the property owner or seller for the cost and expenses incurred by the Township to replace the private sewer service lateral. In the event that satisfactory payment arrangements are not agreed upon between the Township and property owner or seller, the Township may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[1] and/or pursue other legal remedies for the collection
of same.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
F.
The property owner shall permit the designated employees or agents
of the Township access during reasonable hours of the day to all parts
of the property to make necessary inspections and observations.
G.
Any notice to repair a sewer lateral issued as a result of an inspection
under this section shall be in compliance with the Municipal Code
and Ordinance Compliance Act, 68 P.S. § 1081 et seq., Act
99 of December 20, 2000, and any penalties under that Act shall be
in addition to the penalties imposed by this article.
A.
Within 30 days of receipt of notice from the Township that the Township,
the Township of Falls Authority, the Lower Bucks Joint Municipal Authority
or the Municipal Authority of Morrisville Borough intends to replace
or repair a sewer conveyance line to which the user's private sewer
service lateral is connected, all users of the system shall make an
appointment with the Township to allow the user's private sewer service
lateral to be inspected to determine the private sewer service lateral's
compliance with the Township Code of Ordinances, as well as the rules,
regulations, and resolutions of the Township.
B.
The Township shall not charge the user for the inspection required
by this section. Such inspection shall be performed at the Township's
cost.
C.
If, upon completion of an inspection, the lateral is found to be
defective, based upon the Township's rules, specifications, regulations,
and resolutions and/or sound engineering practice, the lateral pipe
shall be replaced or realigned at the property owner's expense. At
the sole discretion of the Township, limited permission for spot and/or
minor repairs and maintenance may be granted. The pipe replacement/realigning/spot
repair shall be performed by a master plumber or utility contractor
in accordance with Township Code of Ordinances, as well as the rules,
regulations, and resolutions of the Township.
D.
The purpose of the inspection required by this article is to locate
any inflow and infiltration into the private sewer service lateral,
to make sure that there are not any holes or damage in or to the private
sewer service lateral, to verify that all cleanouts and/or vents are
properly capped and not damaged, and to identify any clay or older
private sewer service laterals.
E.
In the event that the property owner fails to replace the private sewer service lateral as required by § 184-67.3C above, the Township shall be authorized as permitted by law to go onto the property and replace the private sewer service lateral and charge the property owner for the cost and expenses incurred by the Township to replace the private sewer service lateral. In the event that satisfactory payment arrangements are not agreed upon between the Township and property owner, the Township may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[1] and/or pursue other legal remedies for the collection
of same.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
F.
The property owner shall permit the designated employees or agents
of the Township access during reasonable hours of the day to all parts
of the property to make necessary inspections and observations.
A.
Within 30 days of receipt of notice from the Township that the Township,
the Township of Falls Authority, the Lower Bucks Joint Municipal Authority
or the Municipal Authority of Morrisville Borough intends to replace
or repair a sewer conveyance line to which the user's private sewer
service lateral is connected, all users of the system shall make an
appointment with the Township to allow the user's private sewer service
lateral to be inspected to determine the private sewer service lateral's
compliance with the Township Code of Ordinances, as well as the rules,
regulations, and resolutions of the Township.
B.
The Township shall not charge the user for the inspection required
by this section. Such inspection shall be performed at the Township's
cost.
C.
If, upon completion of an inspection, the lateral is found to be
defective, based upon the Township's rules, specifications, regulations,
and resolutions and/or sound engineering practice, the lateral pipe
shall be replaced or realigned at the property owner's expense. At
the sole discretion of the Township, limited permission for spot and/or
minor repairs and maintenance may be granted. The pipe replacement/realigning/spot
repair shall be performed by a master plumber or utility contractor
in accordance with Township Code of Ordinances as well as the rules,
regulations, and resolutions of the Township.
D.
The purpose of the inspection required by this article is to locate
any inflow and infiltration into the private sewer service lateral,
to make sure that there are not any holes or damage in or to the private
sewer service lateral, to verify that all cleanouts and/or vents are
properly capped and not damaged, and to identify any clay or older
private sewer service laterals.
E.
In the event that the property owner fails to replace the private sewer service lateral as required by § 184-67.4C above, the Township shall be authorized as permitted by law to go onto the property and replace the private sewer service lateral and charge the property owner for the cost and expenses incurred by the Township to replace the private sewer service lateral. In the event that satisfactory payment arrangements are not agreed upon between the Township and property owner, the Township may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[1] and/or pursue other legal remedies for the collection
of same.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
F.
The property owner shall permit the designated employees or agents
of the Township access during reasonable hours of the day to all parts
of the property to make necessary inspections and observations.
At all times it shall be the responsibility of the user to maintain,
repair, and replace all the cleanouts along his/her private sewer
service lateral, including the cleanout at the right-of-way, or curbline,
or the edge of the pavement, whichever applies.
A.
Any person, firm or corporation who violates or permits a violation
of this article shall be guilty of a summary violation and, upon conviction,
shall be sentenced to pay a fine of no more than $1,000, plus all
court costs, including reasonable attorneys' fees, incurred by the
Township in the enforcement of this article. Each day a violation
exists shall constitute a separate offense. In default of the payment
of any fine, the defendant shall be sentenced to imprisonment to the
extent allowed by law for the punishment of summary offenses. Further,
the appropriate officers or agents of the Township are hereby authorized
to file a citation for such summary violation and seek any other available
relief at law or equity, including injunction, to enforce compliance
with this article.
B.
If any person violates any of the requirements of this article, the
Township Solicitor may commence an action for appropriate legal and/or
equitable relief in the appropriate court, including seeking injunctive
relief.
