[Adopted 11-15-2004 by Ord. No. 447 (Ch.
143, Art. IV, of the 1990 Code)]
The following words, terms and phrases, as used
in this article, shall have the following meanings given herein. When
not inconsistent with the context, words used in the singular include
the plural, words in the plural include the singular, and words used
in the present tense include the future. The word "shall" is always
mandatory.
The Township's Official Plan as defined in the Pennsylvania
Sewage Facilities Act, Act of January 24, 1966, P.L. 1535 (1965),
No. 537, as amended, 35 P.S. §§ 750.1-750.20a ("Sewage
Facilities Act" or "Act 537").
An Authority, as defined by the Municipality Authorities
Act of 2001 (2001, June 19, P.L. 287, No. 22, and as amended thereafter,
53 Pa. C.S.A. § 5601 et seq.).
The Pennsylvania Department of Environmental Protection.
Any electric-motor-driven, submersible, centrifugal pump
capable of macerating all material found in normal domestic sanitary
sewage, including reasonable amounts of objects such as plastics,
sanitary napkins, disposable diapers, rubber and the like, to a fine
slurry, and pumping this material through a small diameter discharge.
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 sewage
shall or may be discharged.
The Board of Supervisors of Upper Providence Township, Montgomery
County, Pennsylvania.
The Upper Providence Township Municipal Authority.
A change in the Township's Act 537 Plan to provide for additional
or newly identified future or existing sewage facilities needs, as
defined fully in the Sewage Facilities Act, 35 P.S. § 750.2.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person or entity vested with ownership, legal or equitable,
sole or partial, of any property located in the Township.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health or to animal or aquatic life or to the use of
water for domestic water supply or for recreation, or any substance
which constitutes pollution under the Clean Streams Law, 35 P.S. §§ 691.1
to 691.1001, as amended.
The connection of existing properties or proposed
new land development to an existing or proposed sewerage system through
the use of sewage grinder pumps, their associated force mains or low-pressure
laterals shall occur only after an Official Plan Revision to the Township's
Act 537 Plan, approved by both the Township and the Department, designates
that the proposed properties be served by such a connection.
The Township is authorized and empowered to
adopt such rules and regulations concerning sewage which it may deem
necessary from time to time to effect the purposes herein. The Township
is authorized and empowered to take such other actions as are necessary,
including without limitation entering into agreements with property
owners that assure proper operation and maintenance of sewage facilities
within the Township's boundaries, including without limitation sewage
grinder pumps and any associated force mains or low-pressure laterals.
A.
The Township
shall exercise its powers and legal authority set forth herein, and
under all applicable statutes, ordinances, and other laws to effect
the purposes of this article.
B.
The Township
may enter into an agreement with each property owner proposing to
install or who has installed a sewage grinder pump or low-pressure
sewage system to assure the short-and long-term operation and maintenance,
use, service, repair or replacement of such systems.
C.
All grinder pumps
and low-pressure sewer systems (and the installation, use, operation,
maintenance, service, repair and replacement thereof) shall comply
with the rules and regulations of the Township.
D.
All grinder pumps
and low-pressure sewer systems shall be connected to the sewage collection
and conveyance system in full compliance with the rules and regulations
of the Township and the Municipal Authority.
E.
The Township
shall maintain control over the type of grinder pumps used and assure
that full service capability is available locally on short notice.
F.
The Township
shall bear no responsibility whatsoever for the purchase, installation,
use, operation, maintenance, service, repair or replacement of the
grinder pump and/or its low-pressure force main or lateral, or any
of their component parts, except as otherwise set forth herein.
A.
Each property
owner served by a grinder pump shall bear full responsibility for
providing, installing, using, operating, maintaining, servicing, repairing
and replacing his or her grinder pump and/or its low-pressure force
main or lateral, unless otherwise set forth herein.
B.
Each property
owner served by a grinder pump shall have full responsibility for
using the pump consistent with the manufacturer's instructions and
shall avoid introducing into the sewerage system materials that may
damage the impellers on the pump, including without limitation items
designated as biodegradable in septic tanks.
C.
Each property
owner served by a grinder pump shall close the sewage system and cease
operations during any period when the grinder pump and/or low-pressure
system serving a property is inoperable for more than one day.
D.
Where the low-pressure
force main or lateral is shared between property owners, they shall
submit to the Township a declaration of easements, covenants and restrictions
in recordable form setting forth the agreement of each benefited property
owner with respect to the installation, use, operation, maintenance,
service, repair and replacement of the low-pressure system, which
agreement shall bind all future property owners. Following the approval
of the low-pressure system by all applicable governmental entities,
the Township will not issue a permit for its installation until evidence
is presented that such agreement has been recorded in the Office of
the Recorder of Deeds in and for Montgomery County, Pennsylvania.
All such rules and regulations adopted by the
Township to effectuate this article shall be in conformity with the
provisions hereof and all other ordinances of the Township and all
applicable laws and applicable rules and regulations of the administrative
agencies of the Commonwealth of Pennsylvania.
