[Ord. No. 93-2, § 2, 5-5-1993; Ord. No. 95-3, § 2, 7-5-1995]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this article shall be as
follows:
BOROUGH
The Borough of Pottstown, Montgomery County, Pennsylvania,
a municipal corporation of the Commonwealth, acting by and through
its council, and/or the Pottstown Borough Authority, a municipality
authority incorporated by appropriate action of such borough acting
by and through its board, or, in appropriate cases, acting by and
through their authorized representatives;
BUILDING SEWER
The extension from the sewage drainage system of any structure
to the lateral of a sewer;
EQUIVALENT DWELLING UNIT (EDU)
Shall be defined and determined as follows:
B.
Single family dwelling: 1 EDU.
C.
Each multi-family dwelling unit or apartment unit: 1 EDU.
D.
Commercial establishment containing, attached to or appended
to a residential unit (per commercial and/or residential unit): 1
EDU.
E.
Commercial, industrial, public - To be determined by meter service
size, as follows:
Water Meter/Service Size
(in inches)
|
Equivalent Dwelling Unit (EDU)
|
---|
5/8
|
1
|
3/4
|
2
|
1
|
3
|
1.5
|
6
|
2
|
11
|
3
|
23
|
4
|
41
|
6
|
64
|
8
|
92
|
IMPROVED PROPERTY
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sanitary
sewage and/or industrial wastes shall be or may be discharged;
INDUSTRIAL ESTABLISHMENT
Any improved property located in the Township used or intended
for use, wholly or in part, for the manufacturing, processing, cleaning,
laundering or assembling of any product, commodity or article, or
any other improved property located in the Township from which wastes,
in addition to or other than sanitary sewage, shall be discharged.
INDUSTRIAL WASTES
Any and all wastes discharged from an industrial establishment,
other than sanitary sewage.
LATERAL
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 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,
trust, corporation, municipality, municipality authority 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 for usable for sewage collection purposes;
SEWER SYSTEM
All facilities, as of any particular time, for collecting
and transmitting sanitary sewage and/or industrial wastes, situate
in or adjacent to the Township and owned by the Township;
STREET
And shall include any street, road, land, court, cul-de-sac,
alley, public way or public square;
TOWNSHIP
West Pottsgrove, Montgomery County, Pennsylvania, a political
subdivision of the Commonwealth, acting by and through its Board of
Commissioners, or, in appropriate cases, acting by and through its
authorized representatives; and
TREATMENT AGREEMENT
The sewage treatment service agreement by and between the
Township and the borough relating to, inter alia, the transportation,
treatment and disposal of sanitary sewage and industrial wastes discharged
from the sewer system.
[Ord. of 7-3-1946, § 1]
A system of sewers and drains within the Township is hereby
established, the locations of the sewer mains in such system to be,
as far as practicable, along and within the lines of the public streets
and roads of the Township, as may seem advisable to the Township Commissioners
and to the extent and in the places that may from time to time be
determined by the Township Commissioners. Where it is reasonably impracticable,
in the judgment of the Township Commissioners, in locating any part
of such system, to carry such sewers or drains along the lines of
public streets or roads, the Commissioners may and shall locate and
construct so much of the same as they may deem necessary through private
lands, paying to the owners of such lands such reasonable damages
as may be agreed upon with such owners or as shall be determined by
viewers in the manner provided by law for eminent domain proceedings.
[Ord. of 7-3-1946, § 2]
The Township Commissioners shall from time to time make all
necessary provisions for the disposition of the sewage and drainage
within, or for carrying the same beyond, the limits of the Township,
and, to this end, they may and shall from time to time enter into
such contracts as they may deem advisable and necessary with the Borough
of Pottstown and any other municipalities and with other corporations
or persons, to purchase, acquire, enter upon, take, appropriate, occupy,
and use such lands, rights, and interests, within the corporate limits
of such other municipalities, as the Commissioners shall determine
to be necessary for the proper location, construction, maintenance
use and operation of sewer mains, drains, or disposal plants, or necessary
for future additions to and enlargement of such sewage facilities.
[Ord. of 7-3-1946, § 3; Ord. of 9-6-1972; Ord. No. 73-2, 3-7-1973; Ord. No.
93-2, § 2, 5-5-1993]
A. Sewer and drains shall be constructed in accordance with plans and
specifications prepared by the Township Engineer. Sewer and drain
construction as designated by this article shall include mains, laterals,
pumps, road restoration and paving, and all facilities and services
required for the sewer project including engineering services for
design and construction, permit costs and related expenses, including
attorney's fees.
B. The total assessable cost or partial portion of such cost of construction
of all sewers and drains constructed by the Township Commissioners
under this article shall be charged upon the properties accommodated,
improved or benefited thereby to the extent of such benefits and the
charge for any such sewer construction in the Township shall be assessed
upon the properties, accommodated, improved or benefited by an assessment
on each lot or piece of land in proportion to the front footage abutting
on the sewer. However, when the lot or piece of land is on a corner,
it shall be assessed for its entire frontage abutting on any sewer
except when such property is a vacant lot or contains only a single
family dwelling, in which case it shall be assessed along the shorter
frontage and assessed along the longer frontage abutting on a sewer,
commencing at a point no closer to the corner than 125 feet.
C. Any property benefited, improved, or accommodated by the sanitary
sewer which shall not be lawfully subject to assessment in proportion
to the front footage, or as to which such manner of assessment shall
not reasonably measure the benefit to such property, shall be assessed
by the Township by an assessment against the properties benefited,
improved, or accommodated by the sanitary sewer to the extent of such
benefits. Each such benefited, improved, or accommodated property
shall be assessed with not less than the whole amount of the benefit
accruing to it and legally assessable. The amount of the charge on
each property shall be determined as provided in the First- Class
Township Code for the assessment of benefits.
D. Upon completion of the sewer project and by reference to this article,
the total cost and expenses including engineering and legal services
thereof, shall be determined and shall be, in whole or in part, assessed
by Township ordinance against the properties benefited, improved or
accommodated by the sanitary sewer by an assessment based on the front
foot rule as set forth herein and collected in accordance with the
assessing ordinance.
E. Any assessment authorized under this article shall be payable within
one month from the date thereof, and after the expiration of said
period of one month, interest thereon at the maximum rate as provided
by law shall be added thereto.
F. If any assessment authorized under this article shall not have been
paid in full, said assessment shall become due and it shall be the
duty of the Township Solicitor to collect the same with interest 30
days after the said notice, by an action in assumpsit, or by a lien
to be filed and collected in the same manner as municipal claims.
Interest on such lien shall be in the maximum amount authorized by
law with respect to such liens.
All such charges assessed hereunder shall be a lien against
such properties and said charges shall be assessed and collected and
the liens enforced in the manner provided by law. The solicitor shall
file a municipal lien against any property owner or owners not paying
their assessment in full within 30 days of the date the notice of
assessment is given to said owner, the cost of the filing of said
lien and the satisfaction thereof to be paid by the owners of the
assessed property.
[Ord. of 7-3-1946, § 4; Ord. No. 93-2,
§ 2, 5-5-1993]
Upon receipt of the Township Engineer's certification of
completion of sewer and drainage construction as aforesaid, the Commissioners
shall direct the Township Secretary to give notice of the assessment
as provided in the First Class Township Code and to collect from the
owner or owners of the aforementioned real property the amount of
costs as assessed pursuant to the aforementioned front foot rule or
by benefit assessment in the manner hereinabove provided and to provide
that payment of the said assessment shall be made payable to the Township
Treasurer for the use of the Township, and the Commissioners shall
direct the Solicitor of the Township to secure the payment of the
assessment together with filing and satisfaction expenses by the filing
of the lien in the manner hereinabove set forth.
[Ord. of 73-3, 3-7-1973; Ord. No. 89-3, § 1, 3-1-1989; Ord. No. 93-2, § 2, 5-5-1993; Ord. No. 95-3, §§ 1, 2, 7-5-1995; Ord. No. 2006-6, § 1, 11-1-2006]
A. The owner of any improved property benefited, improved or accommodated
by a sewer shall connect such improved property with such sewer, in
such manner as the Township may require, within 90 days after notice
to such owner from the Township to make such connection, for the purpose
of discharge of all sanitary sewage and industrial wastes from such
improved property; subject, however, to such limitations and restrictions
as shall be established herein, or otherwise shall be established
by the Township or under the treatment agreement, from time to time.
B. The notice by the Township to make a connection to a sewer, referred
to above shall consist of a copy of this chapter, including any amendments
and/or supplements at the time in effect, or a summary of each section
thereof, and a written or printed document requiring the connection
in accordance with the provisions of this article and specifying that
such connection shall be made within 90 days from the date such notice
is given. Such notice may be given at any time after a sewer is in
place that can receive and can convey sanitary sewage and industrial
wastes for treatment and disposal from the particular improved property.
Such notice shall be served upon the owner either by personal service
or by certified mail, or by such other method as at the time may be
provided by law.
C. All costs and expenses of construction of a building sewer and costs
and expenses of connection of a building sewer to a sewer shall be
borne by the owner of the improved property to be connected; and such
owner shall indemnify and shall save harmless the Township and the
borough from all loss or damage that may be occasioned, directly or
indirectly, as a result of construction of a building sewer or of
connection of a building sewer to a sewer.
D. If the owner of any improved property benefited, improved or accommodated
by a sewer, after 90 days' notice form the Township as set forth
above, shall fail to connect such improved property, as required,
the Township may make such connection and may collect from such owner
the costs and expenses thereof with a penalty of 10% together with
the maximum interest allowed by law, by a municipal claim, an action
in assumpsit or such other legal proceeding as may be permitted by
law.
E. Whenever the owner of an improved property connects such property
and or the buildings or other structures on said property with the
Township sewer system, a connection fee in the amount of $1,700 per
EDU shall be paid to the Township for each such property, building
or other structure so connected to the sewer system. Said fee shall
be in addition to any charge which is assessed or collected against
such property in the construction or acquisition of such sanitary
sewer system by the Township.
The connection fee in the amount of $1,700 per EDU shall be
imposed for all buildings or other structures connected to the sanitary
sewer system whether any part, or extension thereof, has been constructed
by the Township at the expense of a private person or corporation
or has been constructed by a private person or corporation under the
supervision of the Township at the expense of the private person or
corporation, regardless of whether said sewer system extension has
been formally accepted by Township.
Whenever a sewer user request an increase to it's sewer allocation which is in excess of the sewage or wastewater daily flows as set forth in the user permits issued by the Borough of Pottstown, pursuant to Sections
19-101 and
19-102 of Article
IV of the Code of Ordinances of West Pottsgrove Township, such user shall provide the Township with satisfactory proof that sufficient capacity exists in the wastewater treatment plant of the Borough of Pottstown and that existing Township sewer line shave the capacity to handle such increased flow. If Township determines that sufficient capacity exists in its lines and in the Borough of Pottstown wastewater treatment plant and which will not violate any terms of the sewage treatment and service agreement between the Township and the Borough of Pottstown, the Township may grant such increase to user, regardless of user's existing water meter size, upon payment of user of the connection fee in the amount of $1,700 per EDU for such increase in sewage and/or waste water discharges.
Upon the failure of the owner of any property assessed a connection
fee within three months after notice to do so, the Township shall
collect the cost thereof with a penalty of 10%, together with the
maximum interest allowed by law from the owner by a municipal claim
or such other legal proceedings as may be permitted by law.
G. The Chairman of the Sewer Committee, the Township Secretary, or any
proper Township, officer or official designated by the Board of Commissioners,
shall, upon motion by the Commissioners, prepare such notices and
cause the same to be served upon the owners of all property abutting
on or adjoining any street or alley in which the sewers are laid,
a return and record thereof to be made and kept by the Township Secretary.
All persons so connecting to such sewer shall be required to pay in
addition to the assessment, connection fee, and actual cost of making
such connection, a user charge in such amount as may be prescribed
by the Township Commissioners from year to year. The user charges
shall be payable on a quarterly basis. Such user charges shall constitute
a lien, until paid, against the property so connecting with the Township
sewer system, and the amount thereof, together with the maximum interest
allowed by law, may and shall be recovered by the Township Commissioners
or their designated representatives by municipal claim or such other
legal proceedings as may be permitted by law.
[Ord. of 7-3-1946, § 6]
It shall be obligatory upon any and all persons constructing
or owning any drain, soil pipe, passage or connection between a sewer
and any ground, structure or place of business, an din like manner
the duty of the owners of all grounds, structures and business places,
and all parties interested therein or thereat, to cause and require
that such drain, soil pipe, passage or connection shall be adequate
for its purpose, and shall at all times allow to pass freely all material
and drainage that enters or should enter the same.
[Ord. of 7-3-1946, § 7; Ord. No. 93-2,
§ 2, 5-5-1993]
A. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under Section
19-32, shall be conducted into a sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by the Township, from time to time.
B. No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within the Township any sanitary sewage or industrial wastes in violation of Section
19-32.
No person shall discharge or shall permit to be discharged to any natural outlet within the Township any sanitary sewage or industrial wastes in violation of Section
19-32, except where suitable pretreatment has been provided that is satisfactory to the Township.
C. 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 Section
19-32 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 Township, shall be cleansed and shall be filled, at the expense
of the owner of such improved property, under the direction and supervision
of the Township; and such privy vault, cesspool, sinkhole, septic
tank or similar receptacle not so abandoned and, if required by the
Township, 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.
D. No privy vault, cesspool, sinkhole, septic tank or similar receptacle
at any time shall be connected with a sewer.
[Ord. of 93-2, § 2, 5-5-1993; Ord. No. 95-3, §§ 1, 2, 7-5-1995]
A. No person shall uncover or open any portion of a street or road,
shall connect with, shall make any opening into or shall use, shall
alter or shall disturb in any manner, any sewer or any part of the
sewer system, nor increase sewage or waste water flows over previously
permitted limits, without first obtaining a permit, in writing, from
the Township.
B. Application for a permit required under this section shall be made
by the owner of the improved property served or to be served or by
the duly authorized agent of such owner.
[Ord. of 93-2, § 2, 5-5-1993]
No person shall make or shall cause to be made a connection
of any improved property with a sewer until such person shall have
fulfilled each of the following conditions:
A. Such person shall have notified the secretary, or other designated
representative, of the Township of the desire and intention to connect
such improved property to a sewer;
B. Such person shall have applied for and shall have obtained a permit as required by Section
19-35.
C. Such person shall have given the secretary, or other designated representative,
of the Township at least 48 hours' notice of the time when such
connection will be made so that the Township 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 the secretary,
or other designated representative of the Township that any connection
fee that may be charged and imposed by the Township against the owner
of each improved property who connects such improved property to a
sewer has been paid; and
E. Such person shall provide the Secretary, or other designated representative,
of the Township with an estimate of the expected quantity of sanitary
sewage or industrial wastes to be discharged into the sewer system
from such improved property and, if applicable, evidence of agreement
with the Township and the Borough as to the availability of capacity
in the waste water treatment plant of the borough, and the terms of
payment therefore, to accommodate treatment and disposal of such sanitary
sewage or industrial wastes.
[Ord. of 93-2, § 2, 5-5-1993; Ord. No. 2006-6, § 2, 11-1-2006]
A. Except as otherwise provided in this section each improved property
shall be connected separately and independently with a sewer through
a building sewer. Grouping of more than one improved property on one
building sewer shall not be permitted, except under special circumstances
and for good sanitary reasons or other good cause shown, but then
only after special permission of the Township, in writing, shall have
been secured and only subject to such rules, regulations and conditions
as may be prescribed by the Township.
B. A building sewer shall be connected to a sewer at the place designated
by the Township and where, if applicable, the lateral is provided.
C. 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 secure and watertight.
D. Where an improved property, at the time connection to a sewer is
required, shall be 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.
E. No building sewer shall be covered until it has been inspected and
approved by the Township. If any part of a building sewer 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.
F. Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
G. Whenever a person desires Township to extend it's sanitary sewer
into an area which is designated unsewered under the Township's
existing Act 537 Plan, such persons hall be required in addition to
the filing of appropriate planning modules with Township and Department
of Environmental Protection, to:
1. Determine the number of EDUs required through appropriate Engineering
analysis;
2. Provide Township with satisfactory proof that sufficient capacity
exists in the Wastewater Treatment Plant of the Borough of Pottstown
to handle the requested allocation;
3. Provide satisfactory proof that existing Township sewer lines and
pumping stations have the capacity to handle such increase flow; and
4. Purchase said sewer allocation from Township.
If Township determines that sufficient capacity exists in it's
lines and in the Borough of Pottstown Wastewater Treatment Plant and
that such sewer extension sill not violate any terms of the Sewage
Treatment and Service Agreement between Township and the Borough of
Pottstown, Township may permit the extension of sewer service to such
unsewered area upon payment by such person of $1,700 per EDU request.
|
In addition, a connection fee in the amount of $1,700 per EDU
shall be imposed for all buildings or other structures connected to
the sanitary sewer system whether any part, or extension thereof,
has been constructed by the Township at the expense of a private person
or corporation or has been constructed by a private person or corporation
under the supervision of the Township at the expense of the private
person or corporation, regardless of whether said sewer system extension
has been formerly accepted by Township.
|
Upon the failure of the owner of any property assessed a fee
to purchase EDUs for such sewer line extension or to pay the additional
connection fee within three months after notice to do so, Township
shall collect the cost thereof with a penalty of 10%, together with
the maximum interest allowed by law from the owner by a municipal
claim or such other legal proceedings as may be permitted by law.
|
[Ord. of 7-3-1946, § 11]
Any person who may engage in the business of contracting for
the making of sewer connections from the curbline to the main shall
give a bond in sum of $1,000, conditioned to observe all regulations
made by the Township authorities with respect to the construction
of such connections and further conditioned upon the careful, competent
and workmanlike performance of the work, and shall also apply to the
Township Commissioners and secure a license to engage in such constructions,
and shall satisfy the Commissioners as to his ability and competency
to do such work.
[Ord. of 93-2, § 2, 5-5-1993]
The Township and the Borough shall have the right to gain access
to and upon the improved property, at all reasonable times, after
connection of the building sewer to the sewer for the purposes of
inspection, observation, measurement, sampling and testing, and the
performance of all other functions relating to sewer services rendered
by the Township and the Borough. If at any time said building sewer
and the composition or quantity of waste being discharged therein
from the improved property does not comply with the restrictions,
rules and regulations set forth herein or hereinafter adopted, or
will cause the Township to be in violation of the treatment agreement,
notice of same, in writing, shall be given to the owner of the improved
property to make the necessary change or repairs within 60 days of
receipt of such notice. If the owner shall fail or shall refuse to
make said necessary change or repairs within said time period, Township
or Borough may refuse to permit such person to discharge sanitary
sewage and industrial wastes into the sewer system until such change
or repairs shall have been remedied to the satisfaction of the Township
and Borough, and such person shall be responsible for paying any surcharges,
penalties or rentals payable by the Township to the Borough under
the treatment agreement arising from such discharge.
[Ord. of 7-3-1946, § 13; Ord. No. 89-3, § 1, 3-1-1989; Ord. No. 2009-4, § 8, 3-18-2009]
A. A sum, as established by resolution of the Board of Commissioners shall be deposited by cash or certified check with the Township in all cases where trenches are into or through concrete, macadam or any other type of road or pavement surfaces, to secure the proper restoration of the excavation in accordance with Chapter
16, Article
IV, and all subparts, together with all applicable building codes and ordinances.
B. All work on connections between the sewer and curb shall be completed
within 30 days after issuing the permit required by this article,
unless the time be extended in writing by the Sewer Committee or other
proper Township Official.
[Ord. of 93-2, § 2, 5-5-1993]
The Township reserves the right to adopt, by resolution from
time to time, additional rules and regulations as it shall deem necessary
and proper relating to connections with a sewer, with the sewer system
and compliance with the treatment agreement, which additional rules
and regulations shall be construed as if part of this article.
Whenever hereafter the Township may be ordinance or in any other
legal way direct the paving or permanent improvement of any street
or alley in which a public sewer has therefore been constructed, the
Township Secretary shall serve notice on each owner of property abutting
on those portions of the street or alley to be paved, and in which
such sewer has been constructed, requiring such owner, within 10 days
from such service to make connection with such sewer for each abutting
lot of property, at intervals in no case greater than 50 feet at the
main, and carry the same to the line of the sidewalks inside the line
of the curb, so that the pavement need not afterwards be broken. Such
notice shall be served on the owner either personally or by certified
mail, or by such method as may be provided by law. Upon failure of
any person to comply with such notice, the Township may cause such
connection to be made as above provided and collect the costs thereof
from the property owner with a penalty of 20% together with the maximum
interest allowed by law by filing a municipal lien therefore or by
action in assumpsit as provided by law.
[Ord. of 7-3-1946, § 16; Ord. No. 93-2, § 2, 5-5-1993]
Wherever main sewers have been laid through private property
with the consent of the owner, or under a right acquired by condemnation
proceedings, such owner, his heirs and assigns shall have the right
to connect buildings erected on lands abutting along and upon such
main sewers upon the same terms and conditions as set forth in this
article and under the same regulations prescribed from time to time
by the Township for the making of connections with sanitary sewers
constructed in the streets and alleys.
[Ord. of 93-2, § 2, 5-5-1993]
A. All sewers of every kind, nature and description proposed to be constructed
in building developments within the Township shall be completely constructed,
built and installed at the sole cost, expense and liability of the
person promoting, sponsoring, managing, constructing, developing or
erecting such building development, and/or the owners of property
abutting on and benefited by the line as installed, provided that
the actual work of construction and installation may at the option
and discretion of the Township, be done either by the owners and developers
under proper agreement and supervision, or by the Township at the
entire cost of the owner.
B. Prior to the construction and installation of any such sewer, complete
plot plans showing detail, elevation, grades and drainage pitch for
construction thereof shall first be submitted to the Township Commissioners
and approved.
C. Following such approval, the construction and installation shall
be done in conformance with the approved plans and with all Township
regulations and requirements in relation thereto, and shall be done,
in any event under and subject to the supervision, direction and control
of the Township engineer and shall be subject to his approval. As
built plans shall be provided to Township within 60 days of completion
of construction.
D. Any and all sewers or sections thereof hereafter constructed and
installed in such building developments within the Township shall
not be accepted, connected with, or emptied into the Township system,
nor become a part of the Township system until they shall have been
completed, inspected, and approved and all connection fees paid and
found to be in accordance with the provisions of this article and
with all regulations and requirements of the Township, and shall have
been so certified by the Township Engineer. Prior to certification,
the developer, contractor, or property owners (as the case may be)
shall dedicate and transfer good title by deed, bill of sale, or otherwise
to the Township of all the sewer lines in such building developments.
In addition, at the time of the dedication and transfer of said title
to said sewer lines, the transferor shall guarantee for a period of
two years from the date of said dedication, the stability of all materials
and work and to promptly make good and replace all defective materials
and to remedy all defects in materials and workmanship, all shrinkage
to the satisfaction of the Township Engineer, and at no expense to
the Township when notified in writing to do so my the Township Engineer.
In order to secure the guarantee as herein required, the Township
shall be assured by means of a proper guarantee by the deposit of
funds or securities in escrow in an amount equal to 15% of the Township
Engineer's estimate of the cost of original construction of said
sewer lines and laterals.
[Ord. of 93-2, § 2, 5-5-1993; Ord. No. 2009-4, § 8, 3-18-2009]
Every owner of real property situate within the Township, in
or through which a culvert, conduit, pipe or any other object is used
as a conductor of surface and drainage water for the purpose of draining
such surface water in its natural course, shall, before the installation
of any such pipe, conduit or culvert, upon his private property, first
secure from the Township Secretary a permit for the installation,
the cost which shall be sum as established by resolution of the Board
of Commissioners, and the work shall conform to specifications and
size, nature and materials as shall be prepared by the Township Engineer
at owner's expense.
[Ord. of 93-2, § 2, 5-5-1993]
It shall be unlawful for any person to put, place, or deposit
any snow, hail, ice, grass, debris or any other matter in the paved
gutters or watercourses of the Township. Building materials occupying
the streets shall not be placed within 20 inches of the curbstone.
[Ord. of 93-2, § 2, 5-5-1993]
Any person who is found by a district judge or court of competent
jurisdiction to have violated any provision of this article, the orders,
rules, regulations and permits issued hereunder shall, for each and
every offense, be sentenced to pay a fine not less than $250 nor more
than $1,000 for each offense, or in default of payment of such fine,
by imprisonment for not more than 30 days. Each day on which a violation
shall occur or continue to occur, shall be deemed a separate and distinct
offense. In addition to the penalties provided herein, the Township
may recover penalties, damages, costs, reasonable attorney's
fees, court costs, court reporter's fees and other expense of
litigation by appropriate suit at law against the person found to
have violated this article, or the orders, rules, regulations and
permits issued hereunder.