[Adopted 4-21-2022 by Ord. No. 358]
A.
AUTHORITY
BOARD OF COMMISSIONERS
COMPLIANCE
EMPLOYEES
I/I
NOTICE
PRIVATE SANITARY SEWER LATERAL
PRIVATELY OWNED SANITARY SEWER SYSTEM
PUBLICLY OWNED SANITARY SEWER SYSTEM
SUMP PUMP
SYSTEM
TOWNSHIP
TRANSFER
(1)
(2)
(3)
(4)
(5)
USER
Unless the context specifically indicates otherwise, the meanings
of the terms used in this Part 6 shall be as follows:
The Lower Pottsgrove Township Authority.
The Board of Commissioners of Lower Pottsgrove Township.
Compliance with the provisions of this Part 6 as set forth herein, and any amendments thereto; the Township Code of Lower Pottsgrove Township, including, but not limited to, Chapter 185; all rules, regulations, and resolutions of any applicable municipal authority and the Pennsylvania Department of Environmental Protection; sound engineering practice; and the standard specifications governing connection to and use of sanitary sewer collection systems.
Such employees, agents, consultants and designated representatives
or officials of Lower Pottsgrove Township and the Lower Pottsgrove
Township Authority as the Township and Authority 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.
Inflow and infiltration of groundwater and surface water
into the sanitary sewer mains, manholes and laterals that either connect
to or are a component of the public and private sanitary sewer system.
Advisements of inspections and tests of the system to be
performed by the Township or Authority.
The sewer pipe extending from a building to the right-of-way
of a public street or the edge of a sanitary sewer easement in all
areas of Lower Pottsgrove Township.
The private sanitary sewer service system located in Lower
Pottsgrove Township. This includes all of the sanitary sewer mains,
manholes, laterals (from sanitary sewer main to right-of-way of a
road or edge of a sanitary sewer easement), pump stations and related
sanitary sewer facilities that are neither a part of a publicly owned
sanitary sewer system nor a part of a private sanitary sewer lateral.
The public sanitary sewer service system located in Lower
Pottsgrove Township. This includes all of the sanitary sewer mains,
manholes, laterals (from sanitary sewer main to right-of-way of a
road or edge of a sanitary sewer easement), pump stations and related
sanitary sewer facilities.
Any pump connected to the private sanitary sewer lateral,
or to any pipe connected to the private sanitary sewer lateral, that
is being used to pump or convey groundwater or surface water into
the sanitary sewer system.
All facilities for collecting, pumping, and disposing of
sanitary sewage which are owned by the Lower Pottsgrove Township Authority.
Lower Pottsgrove Township.
The transfer of title to real estate when sale or gift is
intended, but 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 or corrective deeds; and
Deeds that transfer title of ownership from a single individual
into the names of the marital unit of husband and wife.
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 Part 6, references to the singular shall include
the plural, and vice versa, wherever required by the context.
A.
The seller of any residential property located in the Township which
is connected to the system shall be required to retain the services
of a licensed plumber or licensed utility contractor for the purposes
of conducting an inspection of the private sanitary sewer lateral
to ensure compliance with the provisions of this Part 6. Said inspections
shall include, among other things, a video inspection of the private
sanitary sewer lateral from the building to the point where the lateral
connects to the sanitary sewer main, all of which together shall constitute
the certification of compliance of the private sanitary sewer lateral.
The seller shall only be responsible for the private sanitary sewer
lateral. Any deficiencies in the lateral from the right-of-way of
a roadway or edge of the easement to the sanitary sewer main shall
not be the responsibility of the seller. The four-to-six-inch connection
shall be the responsibility of the seller if this connection occurs
at the edge of a right-of-way of a roadway or the edge of the easement.
B.
Should the private sanitary sewer lateral be found not in compliance,
the lateral, including cleanouts and vent pipes, shall be replaced
or repaired by the property owner and brought into compliance before
transfer or sale of the property can be approved by the Township.
If the property owner/seller and buyer/purchaser of the property cannot
agree upon the cost of the necessary repairs or who is to perform
such repairs, an estimated amount of money will be held in escrow
by a title company until the said repairs are complete. The pipe replacement
or repair shall be performed by a licensed plumber or licensed utility
contractor.
C.
In the event that any transfer of title occurs without the required
inspection under this Part 6 having been conducted and without the
seller obtaining an approved inspection permit from the Township,
the buyer/purchaser of the property shall be responsible for having
the required inspection completed and for the submission of an approvable
inspection form with the required inspection video to the Township.
Any claims of damages between the seller and buyer/purchaser of the
property for the lack of compliance with this Part 6 shall be solely
a private civil matter between the parties, and shall not fall under
the Township's domain, jurisdiction or authority to settle or
mediate.
D.
This section shall not apply to the initial transfer of a newly constructed
building involving a new private sanitary sewer lateral connection.
E.
The Township, upon payment of the application and inspection fee and upon the Township's receipt and approval of the certification set forth in Subsection A above, including a copy of the televised video inspection, which shall include the certification specifically certifying that a) no I/I enters into the private sanitary sewer lateral, b) the private sanitary sewer lateral does not require any repairs, nor contain any illegal connections, and c) the cleanout or vent is undamaged and capped above grade, shall then issue a private sanitary sewer 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.
F.
In the event that the property owner fails to repair or replace the private sanitary sewer lateral as required by Subsection B above, the Township shall be authorized as permitted by law to enter the property and repair or replace the private sanitary sewer lateral. If the Township repairs or replaces the private sanitary sewer lateral, the Township shall charge the property owner for the cost and expenses incurred by the Township to repair or replace the private sanitary sewer lateral, and the property owner shall pay the Township within 30 days of the date of the charge/invoice. In the event that the property owner fails to tender payment or fails to enter into satisfactory payment arrangements with the Township, 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.
G.
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 for
the Township to ensure compliance with this Part 6.
H.
The Township does not require nor does the Township issue a use and
occupancy certificate or a temporary use and occupancy certificate
for purposes of conducting an inspection of the private sanitary sewer
lateral to ensure compliance with the provisions of this Part 6, including
the requirement of such an inspection upon the transfer of residential
property.
A.
Upon 10 days' written notice from the Township that the Township
intends to replace or repair a sanitary sewer conveyance line to which
the user's private sanitary sewer lateral is connected or upon
the Township identifying a problem with any private sanitary sewer
lateral during a routine inspection of the sanitary sewer system,
all affected users of the system shall make an appointment with the
Township to allow the user's private sanitary sewer lateral to
be inspected in accordance with the terms and conditions set forth
herein to determine compliance.
B.
Upon completion of an inspection by the Township, if the private
sanitary sewer lateral is found not to be in compliance with the terms
of this Part 6 and other applicable Township regulations, the lateral,
including all cleanouts and vent pipes, shall be replaced or repaired
and brought into compliance by the property owner within 30 days of
notice of the noncompliance of the system. The pipe replacement or
repair shall be performed by a licensed plumber or licensed utility
contractor.
C.
The purpose of the inspection required by this Part 6 is to remove
any I/I from entering into the private sanitary sewer lateral; to
ensure that there are no holes or damage in or to the private sanitary
sewer lateral; to verify that all cleanouts and/or vents are properly
capped above ground and not damaged; and to identify and remove any
roof leaders, yard or driveway drains or sump pump connections as
well as any other potential sources of I/I in or to the laterals throughout
the Township.
E.
In the event that the property owner fails to repair or replace the private sanitary sewer lateral as required by Subsection B above, the Township shall be authorized as permitted by law to enter the property and replace the private sanitary sewer lateral. If the Township repairs or replaces the private sanitary sewer lateral, the Township shall charge the property owner for the cost and expenses incurred by the Township to repair or replace the private sanitary sewer lateral, and the property owner shall pay the Township within 30 days of the date of the charge/invoice. In the event that the property owner fails to tender payment or fails to enter into satisfactory payment arrangements with the Township, 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 for
the Township to ensure compliance with this Part 6.
A.
All privately owned sanitary sewer systems are to have their sanitary sewer mains, manholes and laterals that are not part of the private sanitary sewer lateral inspected and repaired on the schedule that is outlined in Subsection B below. The owners of each privately owned sanitary sewer system will be responsible to inspect, repair if necessary and obtain an approved private sanitary sewer system inspection form which, once approved by the Township, will be the private sanitary sewer system permit.
B.
The owners (individual, corporation, homeowners' association
or other entity) that own a private sanitary sewer system in Lower
Pottsgrove Township must comply with the following ten-year cycle
for the inspection and repairs of all privately owned sanitary sewer
systems:
(1)
The owner of a private sanitary sewer system must have their private
sanitary sewer system video inspection performed by a licensed plumber
or licensed utility contractor in every year ending in the number
four (4) (i.e., 2024, 2034, 2044).
(2)
The owner of the private sanitary sewer system shall obtain a cost
estimate for any repairs that are identified either as a result of
the inspection or as noted by the Township, which cost estimate must
be obtained no later than any year ending in the number five (5) (i.e.,
2025, 2035, 2045). This schedule for obtaining a cost estimate will
enable the owner time to secure sufficient funds to pay for the necessary
repairs.
(3)
The owner shall perform the required repairs and provide an updated inspection form with a video inspection to the Township documenting that the private sanitary sewer system has had all repairs completed and that the private sanitary sewer system complies with all Township requirements which shall be completed and provided to the Township in every year ending in the number six (6) (i.e., 2026, 2036, 2046). Submissions by the owner to the Township for extension of time to perform repairs based upon the owner's claim of hardship, as set forth in Subsection B(4) below, shall be submitted prior to September of any year ending in the number six.
(4)
The owner of a private sanitary sewer system may request a one-year
extension to perform the required repairs by applying for a hardship
to the Township, which shall be determined as approved solely in the
Township's discretion. The owner shall provide to the Township
the basis for any claimed hardship with documentation of the hardship
to the Township, and shall further provide certification that the
required work, regardless of the hardship, will be completed in the
year ending in the number seven (7) (i.e., 2027, 2037, 2047).
A.
All nonresidential units and apartment complexes are to have their laterals inspected and repaired on the schedule that is outlined in Subsection B below. The property owners of each nonresidential unit or apartment complex will be responsible to inspect, repair if necessary and obtain an approved lateral inspection form which, once approved by the Township, will be the private sanitary sewer lateral permit.
B.
The property owners of all nonresidential units and apartment complexes
must comply with the following ten-year cycle for the inspection and
repairs of all private sanitary sewer laterals:
(1)
The nonresidential unit or apartment complex property owner's
private sanitary sewer laterals must be visually inspected with a
video inspection performed by a licensed plumber or licensed utility
contractor in every year ending in the number four (4) (i.e., 2024,
2034, 2044).
(2)
The nonresidential unit or apartment complex property owner's
private sanitary sewer laterals shall obtain a cost estimate for any
repairs that are identified either as a result of the inspection or
as noted by the Township, which cost estimate must be obtained no
later than any year ending in the number five (5) (i.e., 2025, 2035,
2045). This schedule for obtaining a cost estimate will enable the
nonresidential unit or apartment complex property owner to secure
sufficient funds to pay for the necessary repairs.
(3)
The nonresidential unit or apartment complex property owner shall perform the required repairs and provide an updated inspection form with a video inspection to the Township documenting that the private sanitary sewer lateral has had all repairs completed and that the private sanitary sewer lateral complies with all Township requirements which shall be completed and provided to the Township in every year ending in the number six (6) (i.e., 2026, 2036, 2046). Submissions by the nonresidential unit or apartment complex property owner to the Township for extension of time to perform repairs based upon the nonresidential unit or apartment complex property owner's claim of hardship, as set forth in Subsection B(4) below, shall be submitted prior to September of any year ending in the number six.
(4)
The nonresidential unit or apartment complex property owner may request
a one-year extension to perform the required repairs by applying for
a hardship to the Township, which shall be determined as approved
solely in the Township's discretion. The nonresidential unit
or apartment complex property owner shall provide to the Township
the basis for any claimed hardship with documentation of the hardship
to the Township, and shall further provide certification that the
required work, regardless of the hardship, will be completed in the
year ending in the number seven (7) (i.e., 2027, 2037, 2047).
A.
In the event a user (including any private sanitary sewer system owner, nonresidential unit owner or apartment complex owner) refuses to comply with any of the terms or conditions of §§ 185-67 through 185-70 hereinabove, a surcharge of $25 per month for each and every month that said noncompliance exists shall be imposed by the Township upon the property owner, in addition to all other charges authorized and imposed under law. Should a user continue to refuse to comply for a period of 60 days after the final notice of noncompliance, the surcharge shall be increased to $50 per month for each and every month that said noncompliance exists, which shall be imposed by the Township to the property owner in addition to all other charges authorized and imposed under law.
B.
In the event a user claims to be in compliance with the inspection requirements of §§ 185-67 through 185-70, above, but the Township determines that the buildings and/or appurtenances of said user are not in compliance, then, and in such event, the Township by its designated employee shall provide written notice to the user, who shall be required to commence corrective work and achieve compliance within 45 days of the date of the notice.
C.
After notice to the user as required in Subsection B above, and in the event that the building and/or appurtenances of the user are still determined by the Township not to be in compliance following the time period for corrective work set forth in Subsection B of this section, and the user refuses or fails to bring the buildings and/or appurtenances into compliance, a surcharge of $50 per month as set forth in Subsection A, above, shall be imposed for each user not in compliance, in addition to all other charges authorized and imposed under any applicable law, which violation fines shall commence at the billing period immediately following the date of the inspection or testing by the Township or the date that such noncompliance was determined.
D.
The surcharge referred to herein shall be removed upon the following
conditions:
(1)
The user utilizing the system executes a grant of inspection to the
Township; and
(2)
The Township or its authorized agent inspects and/or performs tests
on the building and/or appurtenances connected to the system and determines
that the buildings and/or appurtenances connected to the system are
in compliance.
E.
In the event that subsequent inspections and/or tests of a property previously in compliance with this Part 6 determine that the property no longer complies with this Part 6, the terms and provisions of § 185-71 shall apply, except the user shall also be liable for the payment of a sum equal to the number of the months since the original determination of compliance was made, multiplied by the monthly surcharge amount provided for in § 185-71C, for knowingly, willfully and/or intentionally creating or permitting such violation to commence and continue. An example of noncompliance reoccurrence is when a reconnection of a sump pump or other prohibited connection is discovered.
In the event a user is determined to be noncompliant a second or subsequent time, then the user shall be liable for the payment of a sum equal to $1,000 per day, plus an amount equal to the sum of the months since the original noncompliance was corrected (and, if never corrected, from the date of such noncompliance determination), multiplied by the monthly surcharge amount provided for in § 185-71.
Any user violating any of the provisions of this Part 6 shall
be liable to the Township for any and all expenses, costs, and fees,
including, but not limited to, reasonable attorney's fees, occasioned
or caused to the Township by reason of seeking enforcement of such
Ordinance against the violator, as well as for any losses or damages
occasioned or caused to the Township by reason of such violation.
The Township shall have full power and authority to invoke any
legal, equitable, or special remedy for the enforcement of this Part
6.
This Part 6 shall be deemed supplemental to all other ordinances
and provisions of the Township for enforcement and compliance purposes,
and shall not be deemed to amend or rescind said other ordinances
and provisions; further, that any fines, fees, charges, or penalties
levied or imposed pursuant to this Part 6 shall be in addition to
any fines, fees, charges, or penalties levied or imposed pursuant
to all other ordinances and provisions of the Township.
The provisions of this Part 6 shall be deemed severable, and should any section or part hereof be deemed invalid or unenforceable by the Courts of the Commonwealth of Pennsylvania, such section, clause, sentence, or provision shall be deemed stricken and the invalid or unenforceable part shall not affect the validity or enforceability of any other part or parts of this Part 6 which can be given effect without such part or parts as may be so deemed invalid or unenforceable.
The ordinance shall be effective April 21, 2022.
