[Ord. No. 331, 12/21/2022; as amended by Ord. No.
332, 5/17/2023]
(a) Objectives. The Township of Amity wishes to set forth regulations
and penalties concerning illegal sewer connections and procedures
for sellers of homes in Amity Township to follow in order to prevent
illegal sewer connections.
(b) Definitions. When used herein the following words shall have the
following meanings:
APPLICANT
Any person (defined below) selling improved property (defined
below) or purchasing improved property (defined below) located within
the Township.
EVIDENCE OF COMPLIANCE CERTIFICATE
A certificate from Amity Township confirming that it has
on file a written report or statement from an inspector (defined below)
certifying there is not located on a property any illegal connections
(defined below) into the sanitary sewer system (defined below).
ILLEGAL CONNECTIONS
Connections to the sanitary sewer system that allow inflow
to be discharged into the Township's sanitary sewer system.
INSPECTION
Shall include a physical inspection, which may include dye
testing (a commonly accepted plumbing test whereby a nontoxic, nonstaining
dye is introduced into the storm/surface/groundwater collection system
of improved property to determine if any storm/surface/groundwater
is entering the sanitary sewer system), smoke testing to detect roof
leaders, and any other reasonable and appropriate testing methodology(ies)
acceptable; and shall require televising of the lateral from the home
to the main (to be witnessed by the Township's representative
and the video file to be provided to the Township) to determine if
any storm/surface/groundwater is entering the sanitary sewer system.
PERSON
Any natural person, partnership, association, authority,
syndicate, firm, corporation, developer, contractor, government, or
other entity recognized by law as the subject of rights and duties.
PURCHASER
A person acquiring title to improved property with or without
consideration.
SANITARY SEWERS
Sewers designed and built to carry sanitary sewage and/or
industrial waste separately from water discharge.
SELLER
A person transferring or conveying title to improved property
to another person.
STORM SEWER SYSTEM
A sewer system designed to accept and transport flows of
storm/surface/groundwater, as distinct from sewage.
TOWNSHIP
Amity Township, Berks County, Pennsylvania.
(c) Prohibitions.
(1)
From and after the effective date of this article, it shall
be unlawful for a person to construct, install, maintain, repair,
operate, use, or allow an illegal connection to the sanitary sewer
system on improved property owned by that person. This prohibition
expressly includes illegal connections made prior to the effective
date of this article, unless the connection was permissible when made,
and a permit was issued by the Township. In such a case, the owner
of the improved property shall have one year from the date of this
ordinance (or the date of issuance of a temporary certificate of compliance
in the case of a purchase of property) to remediate the illegal connection
to prevent inflow into the sanitary sewer system.
(2)
From and after the effective date of this article it shall be
unlawful for any person whose improved property is connected to the
sanitary sewer system to sell improved property located within the
Township on which a building or improvement exists without first obtaining
and delivering to the purchaser (defined above) an evidence of compliance
certificate or a temporary evidence of compliance certificate from
the Township as required under this article.
(3)
From and after the effective date of this article it shall be
unlawful for any person (purchaser) to purchase improved property
located within the Township connected to the sanitary sewer system
on which a building or improvement exists without first obtaining
from a seller a valid evidence of compliance certificate or a temporary
evidence of compliance certificate.
(d) Disconnection of Illegal Connections. Illegal connections must be
disconnected from the sanitary sewer system and redirected, as appropriate,
to either a separate storm sewer system, or another appropriate legal
place. Connection of the illegal connection to the Township's
separate storm sewer system is subject to the prior approval of the
Township. In no event is water to be discharged from the illegal connection
upon or across public or private sidewalks or discharged onto adjacent
property. Prior to the commencement of any work on the disconnection
of an illegal connection or repair of a sewer lateral, all necessary
and required building permits, street opening permits, sidewalk opening
permits, tap-in permits, and other approvals and permits that may
be necessary to accomplish the disconnection shall be acquired, and
all fees paid, and a plan of corrective action shall be presented
to the Township, for the Township's approval, on a Township Corrective
Action Plan form (plan form). "Disconnection" shall mean that the
illegal connection is disconnected and removed from the sanitary sewer
system, and that the illegal connection access to the sanitary sewer
system at that location is permanently capped and sealed. The disconnection
of the illegal connection shall be certified by an inspector on the
Township plan form.
(e) Evidence of Compliance Certificate for Sale of Improved Property.
(1)
Any person selling improved property (applicant) located within
the Township whose improved property is connected to the sanitary
sewer system shall have said improved property inspected by a Township
inspector or representative and have their sewer lateral televised
from the home to the main by a professional qualified to conduct such
work (electronic file to be provided to the Township). Said person
shall arrange for an inspection by obtaining an application for evidence
of compliance certificate (application) from the Township, submitting
the completed application to the Township, and paying such fee(s)
and cost(s) as required by the Township. The inspection must be scheduled
in conjunction with the televising of the lateral to allow the Township's
representative to witness the televising. Upon completion of the inspections,
the inspector shall complete the appropriate section of the inspection
results form (results form) confirming that the property has been
inspected and certifying the results of such inspection.
(i)
If the inspector determines that there are no illegal connections
on the improved property and the lateral is in good working order,
he shall so note on the results form and the application, and the
Township shall issue the evidence of compliance certificate promptly
after the Township's receipt of the properly completed application
and results form.
(ii)
If the inspector determines that there is/are illegal connection(s)
on the improved property or the lateral requires repair(s) he shall
so note on the results form, and the applicant shall present a plan
of corrective action, for the Township's approval, on a Township
plan form. The time period for the completion of the remedial work
(based upon the extent of the work required and the existing conditions)
shall be such as the Township will approve. After the corrective action
has been taken, the applicant shall submit a report thereof to the
Township on the Township's corrective action report form (report
form) and pay any additional fee(s) and cost(s) required by the Township.
The improved property will be reinspected, and if the inspector determines
that there are then no illegal connections on the improved property,
he shall so certify on the report form, and the Township shall issue
the evidence of compliance certificate promptly after the Township's
receipt of the completed application and the report form.
(iii) If the reinspection reveals the existence of
any illegal connections, the inspector shall so certify on the results
form, and the Township shall reject the application as per Subsection
(g).
(2)
An evidence of compliance certificate shall expire three years
following the date of its issuance. If any additions are made to the
property within the period of three years or the property is re-sold
within three years, a certification shall be obtained from an inspector
that the addition has no illegal connections.
(f) Evidence of Compliance Certificate for Purchase of Improved Property.
(1)
Any person purchasing improved property (purchaser) located
within the Township connected to the sanitary sewer system on which
a building or improvement exists without first obtaining from a seller
a valid evidence of compliance certificate or a temporary evidence
of compliance certificate shall have said improved property inspected
by a Township inspector and have their sewer lateral televised from
the home to the main by a professional qualified to conduct such work
(electronic file to be provided to the Township). Said person shall
arrange for an inspection by obtaining an application for evidence
of compliance certificate (application) from the Township, submitting
the completed application to the Township and paying such fee(s) and
cost(s) as required by the Township. The inspection must be scheduled
in conjunction with the televising of the lateral to allow the Township's
representative to witness the televising. Upon completion of the inspection,
the inspector shall complete the appropriate section of the inspection
results form (results form) confirming that the property has been
inspected and certifying the results of such inspection.
(i)
If the inspector determines that there are no illegal connections
on the improved property and the lateral is in good working order,
he shall so note on the results form and the application, and the
Township shall issue the evidence of compliance certificate promptly
after the Township's receipt of the properly completed application
and results form.
(ii)
If the inspector determines that there is/are illegal connection(s)
on the improved property or the lateral requires repair(s) he shall
so note on the results form, and the applicant shall present a plan
of corrective action, for the Township's approval, on a Township
plan form. The time period for the completion of the remedial work
(based upon the extent of the work required and the existing conditions)
shall be such as the Township will approve. After the corrective action
has been taken, the applicant shall submit a report thereof to the
Township on the Township's corrective action report form (report
form) and pay any additional fee(s) and cost(s) required by the Township.
The improved property will be reinspected, and if the inspector determines
that there are then no illegal connections on the improved property
he shall so certify on the application and the report form, and the
Township shall issue the evidence of compliance certificate promptly
after the Township's receipt of the properly completed application
and report form.
(iii) If the reinspection reveals the existence of
any illegal connections, the inspector shall so certify on the results
form, and the Township shall reject the application as per Subsection
(g).
(2)
An evidence of compliance certificate shall expire three years
following the date of its issuance. If any additions are made to the
property within the period of three years, a certification shall be
obtained from an inspector that the addition has no illegal connections.
(g) Temporary Evidence of Compliance Certificate.
(1)
In the event that an illegal connection is discovered, or lateral
repairs are required pursuant to Subsection (d), and the applicant
believes that it would create an undue hardship to perform the necessary
corrective action prior to the date of closing on the sale of the
property, the applicant may apply to the Township for a temporary
evidence of compliance certificate on a Township-approved form. The
Township may issue a temporary evidence of compliance certificate
upon the payment of such fee(s) and cost(s) as the Township may from
time to time establish, and provided there is strict compliance with
all the following conditions:
(i)
Either the Township is provided with a bona fide, executed contract
(hereinafter "contract") between the applicant and a contractor requiring
the contractor to complete the necessary remedial work to correct
and/or disconnect and remove the illegal connection or make lateral
repair(s). The time period set forth in the contract for the completion
of the remedial work (based upon the extent of the work required and
the existing conditions) shall not exceed one year. If the work required
hereunder is not completed within one year, the Township may revoke
the temporary occupancy certificate; or
(ii)
The Township is provided with a plan for remediation of the
illegal connection, to bring the illegal connection into compliance
with applicable ordinances on public sanitary sewer connection, or
to make required lateral repairs. The remediation plan, together with
the estimated cost of the work, shall be signed by a qualified contractor,
and shall set forth a timeline of no more than one year for full completion
of the work.
(iii) A written agreement between the purchaser or
transferee and the Township under which the purchaser or transferee
agrees to be responsible for all cost overruns related to the remedial
work together with a grant to the Township of a license to enter upon
the property to complete the work at the expense and cost of the purchaser
or transferee should the contractor or the applicant default on the
contract. Any cost overrun exceeding the security posted with the
Township shall remain the sole and exclusive liability of the purchaser
or transferee and constitute a recordable lien against the improved
property.
(2)
The temporary evidence of compliance certificate shall be effective
for no more than one year, unless the Township determines there is
an emergency jeopardizing health and safety, wherein a lesser period
of time will be prescribed, and the expiration date shall be noted
thereon. In the event the required remedial work necessitated by the
sale of improved property is not practical due to the absence of available
remedies, and where the Township has adopted a plan of corrective
action applicable to the sanitary sewers serving such improved property,
then the temporary evidence of compliance certificate shall be extended
until the planned corrective action is completed.
(3)
If, upon expiration of the temporary evidence of compliance
certificate, all remedial work has not been completed and the evidence
of compliance certificate has not been issued, the security deposited
with the Township shall be forfeited and the Township may use said
security to have the required remedial work completed.
(h) Rejection of Application. The Township may reject an application
for an evidence of compliance certificate or for a temporary evidence
of compliance certificate whenever the requirements of this article
have not been met. In the event of such a rejection, the applicant
may, within 15 days of the rejection, file an appeal with an appropriate
appellate body.
(i) Township Resolutions. The Township may, by resolution, adopt any
or all of the following in order to accomplish the purposes of this
article:
(1)
Establish and promulgate any and all forms, fees, procedures,
regulations and/or guidelines necessary to implement and effectuate
the objectives and purposes of this article.
(2)
Establish the procedures and guidelines for the retention, release,
and/or payment of any security held by the Township under and pursuant
to Subsection (f) above.
(j) Access and Inspection.
(1)
Property owners shall allow persons working on behalf of the
Township ready access to all parts of the premises for the purposes
of determining compliance with this article.
(2)
If a property has security measures in force which require proper
identification and clearance before entry into its premises, the owner
and/or possessor shall, upon reasonable notice by the Township, make
the necessary arrangements to allow access by representatives of the
Township.
(3)
The owner and/or possessor of the property shall allow the Township
reasonable access to all parts of a property necessary to the inspections
of the property. The Township shall have the right to set up on any
property such devices as are necessary in the opinion of the Township
to conduct inspections of the property.
(4)
Any temporary or permanent obstruction to safe and easy access
to the property to be inspected shall be promptly removed by the owner
and/or possessor of the property at the oral or written request of
the Township and shall not be replaced until such inspection is completed
and/or any violations of this article are corrected, and such corrections
are certified by an inspector.
(5)
The Township may provide notice of the inspections of a property
or properties orally or by written notice or publication. Notice is
required if the owner and/or possessor specifically refuses access.
(6)
If the Township has been refused access to any part of a property
on which an illegal connection is suspected, and the Township is able
to demonstrate probable cause to believe that there may be a violation
of this article, or that there is a need to inspect and/or sample
as part of a routine program of inspection and sampling designed to
verify compliance with this article or any order issued hereunder,
or to protect the overall public health, safety, environment and welfare
of the community, then the Township may seek issuance of a search
warrant from any court of competent jurisdiction.
(k) Violations and Penalties. Notice of noncompliance/violation. Whenever
the Township finds that a noncompliance or violation of this article
has occurred, the Township may order compliance by written notice
of noncompliance/violation. Said notice may be served personally on
the owner and/or possessor of the property, or by leaving the same
at the principal building on the property, or by posting the same
conspicuously on the property, or by certified mail sent to the address
of the property or at such other address for the owner and/or possessor
as maintained in the Township or County of Berks records.
(1)
The notice of noncompliance/violation shall contain:
(i)
The name and address of the alleged noncomplier/violator;
(ii)
The address, when available, or a description of the building,
structure, or land upon which the noncompliance/violation is occurring,
or has occurred;
(iii) A statement specifying the nature of the noncompliance/violation;
(iv)
A description of the remedial measures necessary to restore
compliance with this article and a time schedule for the completion
of such remedial action;
(v)
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of noncompliance/violation
is directed; and
(vi)
A statement that the determination of violation may be appealed
by filing a written notice of appeal with an appropriate appellate
body within 15 days of the service of notice of noncompliance/violation.
(2)
Such notice of noncompliance/violation may require without limitation:
(i)
The performance of inspections, monitoring, analyses, and reporting;
(ii)
The elimination, disconnection, and removal of the illegal connection(s)
in accordance with Subsection (c); and
(iii) That the person whose discharges, practices,
or operations are in noncompliance/violation of this article shall
cease and desist from such noncompliance/violations.
(l) Appeal of Notice of Noncompliance/Violation. Any person receiving
a notice of noncompliance/violation may appeal the determination of
violation by filing a written notice of appeal with an appropriate
appellate body within 15 days of the service of the notice of noncompliance/violation.
(m) Enforcement Measures.
(1)
If the noncompliance/violation(s) has/have not been corrected
in accordance with the provisions and/or times established pursuant
to this article, the Township is authorized to take any and all measures
necessary to abate the noncompliance/violation, disconnect and remove
the illegal connection(s), and/or restore the property. The costs
of the enforcement measures taken by the Township shall constitute
a recordable lien against the property.
(2)
Where correction of the noncompliance/violation cannot be made
in accordance with the provisions and/or times established pursuant
to this article, upon proof to the Township of a contract for performance
of the correction work, or other document satisfactory to the Township
showing good faith commencement of correction of the noncompliance/violation,
abatement by the Township may be delayed up to a maximum of 60 days
after the notice of noncompliance/violation or, in the case of appeal,
for a maximum of 60 days after the decision of the appellate body
upholding the determination of noncompliance/violation made by the
Township.
(n) Danger to Public Health or Safety. In the event a noncompliance/violation
of this article constitutes an immediate danger to public health or
public safety, the Township is authorized to take any and all measures
necessary to abate the noncompliance/violations, disconnect and remove
the illegal connection(s), and/or restore the property. The costs
of the measures taken by the Township shall constitute a recordable
lien against the property.
(o) Nuisance; Injunctive or Other Relief. In addition to the enforcement
processes and penalties provided, any condition caused or permitted
to exist in violation of the provisions of this article is a threat
to public health, safety, welfare, and the environment and is declared
and deemed to be a nuisance, and the Township may seek abatement thereof
by injunctive or other equitable relief as provided by law.
(p) Cumulative Remedies; Recovery of Fees and Costs.
(1)
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state, or local
law, and the Township may seek cumulative remedies.
(2)
The Township may recover attorney fees, court costs, and other
expenses associated with enforcement of this article, including sampling
and monitoring expenses.
[Ord. No. 227, 9/5/2006]
All others of property connected or connecting with the sewage
system, and all of the owners of property who may hereafter connect
with and use the same shall pay annual sewer rentals or charges in
quarterly installments as hereinafter provided, for the use of such
sewage facilities based upon a schedule of rates to be established
by resolution of the Board of Supervisors as may be enacted from time
to time.
[Ord. No. 227, 9/5/2006;
as amended by Ord. No. 300, 6/10/2017]
Sewer rentals or charges shall be paid quarterly in accordance
with billings for sewage services; except that during the first quarter
that a residential, commercial or industrial user begins to be based
on a per-diem amount, they shall be prorated from the time such sewer
connection is made until the next following quarterly billing period.
All current unpaid charges for sewage service shall be subject to
a 10% penalty if not paid within 30 days from the billing date. In
addition, a 5% penalty will be applied to the entire accrued principal
balance if not paid within 55 days of the due date each quarter.
[Ord. No. 227, 9/5/2006]
Annual sewer rental charges shall be a lien on the properties
charged with payment thereof, from the effective date of this Part,
and if not paid after 30 days' notice, may, along with all costs and
expenses associated therewith including, but not limited to, filing
and legal fees, be collected in any manner provided by law, including
without limitation the entry of a municipal lien of record in the
Office of the Prothonotary of Berks County, Pennsylvania.
[Ord. No. 227, 9/5/2006]
No statement contained herein shall be construed as to prevent
any special agreement or arrangement between the Township and any
person or entity whereby an industrial waste of any strength or character
may, subject to the discretion of the Township, be accepted by the
Township for treatment, subject to payment therefore by the said person
or entity.
[Added by Ord. No. 300,
6/10/2017]
It shall be the responsibility of each owner of an improved
property to provide this Township with, and thereafter to keep this
Township continuously advised of, the correct mailing address of such
owner. Failure of any owner to receive a bill for charges due and
payable shall not be considered an excuse for nonpayment, nor shall
such failure result in an extension of the period of time during which
the net bill shall be payable.