[Adopted 8-9-2005 by Ord. No. 571]
The purpose of this article is to provide for the regulation
of installation, maintenance and use of sewage grinder pumps and any
associated force mains or low-pressure laterals for the protection,
benefit and preservation of the health, safety and welfare of the
residents of Lower Moreland Township.
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 to 750.20a ("Sewage
Facilities Act" or "Act 537").
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 Commissioners of Lower Moreland Township, Montgomery
County, Pennsylvania.
The Lower Moreland Township 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 Section 1 of the Sewage Facilities Act, 35 P.S. § 750.1.
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 properties within a
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, designating that the proposed properties
shall 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 require that the property owner enter into an agreement
with the Township as to the operation, maintenance, repair, usage,
service and replacement of the grinder pump and associated facilities.
If any such agreement is required by the Township, the property owner
may not install, activate, use or operate a grinder pump until and
unless the property owner has executed such an agreement on terms
as are reasonably required by the Township.
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 and the
Municipal Authority.
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 three days.
D.
Where the low-pressure force main or lateral is shared between property
owners, they shall submit to the Township a declaration of easement,
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.
The property owner shall be obligated to indemnify, hold harmless
and defend the Township and the Lower Moreland Township Authority
and all officers, public officials, solicitors, engineers, employees
and agents of the Authority or Township from any claims, suits, fines,
remedial expenses, damages, legal expenses or judgments indirectly
and directly related to the grinder pump and associated facilities,
or to the design, construction, operation, maintenance, repair or
replacement of the grinder pump or any associated facilities. The
property owner shall reimburse the Township and Authority for any
expenses it may incur, including legal fees, engineering fees and
expert witness fees. In the event the property owner shall fail to
pay the costs, legal fees, other expenses, damages or judgment as
herein provided, the Township and Authority shall have the right to
recover such sums by all legal means, including by placing a municipal
lien on the property. The Township and the Authority and any person
or entity entitled to a defense or indemnity under this article shall
also be entitled to collect from property owner all costs and expenses
(including all attorney's fees and other litigation costs) incurred
in taking any action to enforce the property owner's duty to defend
or duty to reimburse costs or duty to hold harmless. The indemnity,
defense and hold harmless obligations of the property owner under
this article shall include and extend to all loss, injury or damage
even if such is attributable in part, but not exclusively to, the
fault, failure or negligence of the Authority or the Township or any
officer, public official, solicitor, engineer, agents or employees
of either the Authority or the Township. The indemnity, defense and
hold harmless obligations of property owner under this agreement apply
to, and include, claims made by, and injuries to, employees of property
owner.
