[Adopted 8-19-2020 by Ord. No. 937]
Every owner of property in Penn whose property abuts upon any
public sanitary sewer presently in existence or to be constructed
in the future by the Franklin Township Municipal Sanitary Authority
(FTMSA), or any other person and/or entity, shall connect, at its
own cost, the house, building or other structures located on said
property with the aforementioned public sanitary sewers for the purpose
of disposing of all acceptable sanitary sewage emanating from said
property. "House, building or other structure" as used in this article
shall be defined as any house, building or other structure that is
occupied or building or structure that has facilities for the discharge
of water or other waste considered by law to be such that same must
be treated by a sewage treatment facility.
The owner of property upon which a house, building or other
structure currently exists or is to be constructed may request FTMSA
for an exemption to connect to the public sanitary sewer if the house,
building or other structure on the property is or will be more than
200 feet from the public sanitary sewer.
It shall be unlawful for any owner, lessee or occupier of any
property in Penn abutting upon any aforementioned public sanitary
sewer to employ any means, either by septic tank, cesspool, privy
vault, mine hole or otherwise, for the disposal of acceptable sanitary
sewage other than into and through said public sanitary sewers.
Where any house, building or structure in Penn abutting upon
any aforementioned public sanitary sewer is now or hereafter may be
using any method for the disposal of acceptable sanitary sewage other
than through said public sanitary sewer, it shall be the duty of the
authorized representative of FTMSA to notify the owner, lessee or
occupier of such structure, in writing, either by personal service,
certified mail or registered mail, to disconnect the same and make
proper connection for the discharge and disposal of all acceptable
sanitary sewage through said public sanitary sewers, as herein provided,
within 60 days after receipt of such notice. Any owner or lessee or
occupier of a structure who cannot comply with the provisions of this
section as to connection within the sixty-day period stipulated above
due to causes beyond his control shall apply to FTMSA within said
sixty-day period for a time extension of up to six months in duration.
Said application shall be made on a form to be furnished by FTMSA
and shall contain a voluntary agreement on the part of the applicant
under which the applicant shall agree to commence paying the regular
monthly sewer rates immediately even though actual connection to the
public sanitary sewers will not be accomplished until some later date
within the said six-month extension period.
No privy vault, cesspool, septic tank, mine hole or similar
receptacle for human excrement shall at the present time or at any
time hereafter be connected with the aforesaid public sanitary sewers.
It shall be unlawful for any person, firm or corporation connected
to any aforementioned public sanitary sewers to connect any roof drain
thereto or permit any roof drain to remain connected thereto, or to
permit, allow or cause to enter into said public sanitary sewers any
stormwater, foundation drain water, spring water, surface water or
any sewage or industrial waste from any property other than that for
which a permit is issued.
No person, firm or corporation shall make or cause to be made
any connection with any of the aforementioned public sanitary sewers
until he has fulfilled all of the following conditions:
A. He shall make application to FTMSA upon a permit form to be formulated
and supplied by FTMSA for permission to connect to the aforementioned
public sanitary sewers. Among other things, the applicant must state
the character and use of each structure located upon his property.
B. He shall pay the required FTMSA tap fee to FTMSA at the time of making
application for permission to make a connection.
C. No work shall commence before the payment of the aforesaid tap fee
and issuance of the aforementioned connection permit.
D. He shall give the designated inspector of FTMSA at least 72 hours'
notice of the time when such connection shall be made in order that
said inspector can be present and approve the work of connection.
The inspector shall signify his approval of the connection by endorsing
his name and the date of approval on the aforementioned connection
permit in the possession of the permittees.
E. At the time of inspection of the connection, the owner or owners
of properties shall permit the inspector full and complete access
to all sanitary and drainage arrangements and facilities in each building
and in and about all parts of the property. No building sewer line
shall be covered over or in any manner concealed until after it is
inspected and approved by said inspector.
The construction of all building sewer lines or house service
sewers shall be done in accordance with the specifications, plans
and procedures established by FTMSA in its Sewer System Rules and
Regulations, as the same may be from time to time published and amended,
copies of which, upon adoption by FTMSA, shall be maintained on file
with the Chief Administrator.
If the owner or owners of any occupied houses, buildings or
structures in Penn shall neglect or refuse to comply with the provisions
of this article or written notice as prescribed herein, Penn or FTMSA
may perform or cause to be performed such work and labor and furnish
or cause to be furnished such material as may be necessary to comply
with the provisions of this article at the cost and expense of such
owner or owners, together with 10% additional thereof and all charges
and expenses incidental thereto, which sum shall be collected from
said owner or owners for the use of Penn or FTMSA as debts are by
law collectible, or Penn or FTMSA may, by its proper officer, file
a municipal claim or lien therefor against said premises as provided
by law.
"Unacceptable sanitary sewage," for purposes of this article,
shall have the same definition as that which is set forth in FTMSA's
Sewer System Rules and Regulations, said Rules and Regulations being
hereby approved by Penn and held to be applicable to all users of
the aforementioned public sanitary sewers.
FTMSA, from time to time, shall, by resolution, adopt procedures
and methods to be followed by property owners in connection with connecting
to any public sanitary sewer; methods and manner of disconnecting
from the house, building or structure the pre-public sanitary sewage
disposal method; the various fees, rates and charges, without limitation,
that can be implemented by FTMSA pursuant to the laws of the Commonwealth
of Pennsylvania, including, but not limited to, the Municipal Authorities
Act of 2001 and any amendments thereto: to make determinations from time to time with regard to
the method of calculating the rates and other charges legally permissible
by law to fix, alter, charge, impose and collect; to enter into financing
arrangements, if necessary, for the construction, improvement, repair,
maintenance and operation of its facilities and properties; and to
otherwise do and perform any act permissible by law.
After the effective date of this article, it shall be unlawful
for any person to sell, transfer, assign (as in the event of a mortgage),
pledge or hypothecate any interest in real property within Penn on
which a house, building or structure exists without first obtaining
a certification of sewer lateral from the proper officers of FTMSA.
As used in this article, the following terms shall have the
meanings indicated:
CERTIFICATION OF SEWER LATERAL
An official statement from the proper official of FTMSA stating
that, after inspection, there are no known illegal stormwater or surface
water connections into the sanitary sewer, and no "failed" tests or
"failure" as defined herein on the specific property. A certification
of sewer lateral will be required upon the sale, transfer, assignment
(as in the event of a mortgage), pledge or hypothecation of any interest
in real property within Penn.
EXEMPT TRANSACTIONS
No testing of sewer laterals shall be required upon the sale,
transfer, assignment (as in the event of a mortgage), pledge or hypothecation
of any interest in real property if it is a:
A.
Transfer between husband and wife incidental to a divorce;
B.
Transfer through a decree of distribution incidental to the
administration of an estate; or
C.
A refinancing of an existing mortgage by a mortgagor who, prior
to the date of this article, has had a visual inspection of the sewer
lateral, had action taken to correct any failure within five years
of the refinancing and obtained a certification of sewer lateral or
is otherwise capable of producing sufficient documentation that the
sewer lateral is no longer structurally defective or noncompliant
as hereinafter defined.
ILLEGAL STORMWATER OR SURFACE WATER CONNECTIONS
Includes, but is not limited to, the discharge of groundwater
or surface water for the connection of downspouts, roof drainage,
surface area drainage, or foundation or basement drainage into the
sanitary sewer system.
INSPECTION METHOD
The inspection necessary to obtain a certification of sewer
lateral shall be accomplished by televising the sewer lateral according
to procedures adopted by FTMSA ("inspection method") designed to detect
a structurally defective lateral or a sewer lateral that is not in
compliance with the Rules and Regulations of FTMSA then in effect
("noncompliant"). Upon receipt of inspection results that demonstrate
the lateral is structurally defective or noncompliant, which shall
constitute a failed test ("failure" or "failed"), such sewer lateral
must be repaired, replaced and/or altered by the property owner prior
to the issuance of a certificate indicating the absence of liens on
the real property in question.
PERSON
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, authority, or other entity recognized by law
as the subject of rights and duties.
STRUCTURALLY DEFECTIVE SEWER LATERAL
A sewer lateral that exhibits root intrusion, separated joint(s),
broken pipe(s), cracks, inflow and/or infiltration of stormwater,
spring water and/or groundwater, or any other condition which lends
itself to inflow and/or infiltration of water into the sewer lateral
other than sanitary and/or gray water ("structurally defective").
FTMSA may perform testing from time to time on all sewer laterals,
new or existing, throughout Penn to determine if there are any structurally
defective and/or noncompliant sewer laterals. Upon completion of the
testing, if it is determined by FTMSA that a parcel of real estate
upon which a house, building or structure exists does not have a structurally
defective or a noncompliant sewer lateral, the person who is the owner
of said real estate upon which the house, building or structure exists
will be issued a certification of sewer lateral and that certification
of sewer lateral shall be evidence of the lack of a structurally defective
and noncompliant sewer lateral regarding the house, building or structure
on the real estate for a period of three years from the issuance date
thereof. After the expiration of three years, a certification of sewer
lateral will be required upon any sale, transfer, assignment (as in
the event of a mortgage), pledge or hypothecation of any interest
in that property. The manner and method of testing shall be in accordance
with the inspection method defined herein. After the completion of
testing by FTMSA, if the testing determines the existence of structurally
defective and/or noncompliant sewer lateral(s), the person owning
said real estate upon which a house, building or structure exists
shall cause the structurally defective and/or noncompliant sewer lateral(s)
to be removed/repaired/altered, the same retested, and the payment
of any additional fees and costs and the procurement of a certification
of sewer lateral to be completed within 18 months of the determination
of the existence of a structurally defective and/or noncompliant sewer
lateral.
Persons required under this article to obtain a certification
of sewer lateral shall make application on a form furnished by FTMSA,
and payment of all necessary fees, at least 30 days before the date
of the event requiring acquisition of the certificate of sewer lateral.
The applicant shall then make arrangements with an individual(s) designated
by FTMSA to inspect and televise the sewer laterals on the property.
The individual performing the test shall notify FTMSA if there is
a structurally defective and/or noncompliant sewer lateral whereupon
FTMSA, upon the payment of any established fee, shall issue a certification
of sewer lateral if no structurally defective or noncompliant sewer
laterals are found. When a structurally defective and/or noncompliant
sewer lateral is discovered by the means of the above-mentioned testing,
no certification of sewer lateral will be issued until the structurally
defective and/or noncompliant sewer lateral is repaired, replaced
and/or altered and the sewer lateral is retested and exhibits no structural
defects and/or noncompliance issues, and any additional fees and costs
paid and certification of such removal/repair/alteration is received
from the individual performing the testing.
FTMSA shall not issue a municipal no-lien letter until such
time as FTMSA has in its possession a certification of sewer lateral.
FTMSA is hereby authorized, empowered and directed by resolution
to make reasonable rules and regulations for the operation and enforcement
of the testing provisions as necessary, which shall include, but not
be limited to:
A. Establishing acceptable forms of security or guarantee;
B. Acceptable testing methods;
C. Establishing the forms of applications, agreements, purchaser acknowledgments,
and certifications;
D. A schedule of fees and costs necessary to enforce the terms, conditions
and provisions for testing.
Nothing in this article shall limit in any fashion whatsoever
Penn's right or FTMSA's right to enforce any ordinance,
resolution or law of Penn or FTMSA, the intent being that this article
shall supplement already existing resolutions and ordinances dealing
with the enforcement of sanitary sewer status within Penn. Nothing
in this article shall be a defense to any citation issued by any municipal
corporation or the Commonwealth of Pennsylvania pursuant to any other
law or ordinance.
Any person who shall fail, neglect or refuse to comply with
any of the terms or provisions of this article, or of any resolution,
regulation or requirement pursuant thereto and authorized thereby,
shall, upon conviction before any District Justice, be sentenced to
pay a fine of $1,000 and costs of prosecution, and in a default of
payment thereof, to imprisonment for a term not to exceed 90 days.
Each day that a person is in violation shall constitute a separate
offense.
The provisions of this article are severable, and if any section,
sentence, clause or phrase shall be held by a court of competent jurisdiction
to be illegal, invalid or unconstitutional, the remaining portions
of this article shall not be affected or impaired thereby.
Any ordinance or resolution or part of any ordinance or resolution
conflicting with the provisions of this article be and the same are
hereby repealed to the extent of such conflict.
This article shall become effective within five days of passage.
For the purpose of this article, the Township hereby delegates
and authorizes FTMSA to act as its designated agent for the purpose
of enforcing the provisions of this article.