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.
ACT 537 PLAN
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").
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
GRINDER PUMP
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.
IMPROVED PROPERTY
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.
MUNICIPALITY
The Board of Commissioners of Lower Moreland Township, Montgomery
County, Pennsylvania.
OFFICIAL PLAN REVISION
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.
PROPERTY OWNER
Any person or entity vested with ownership, legal or equitable,
sole or partial, of any property located in the Township.
SEWAGE
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.
In addition to any other remedies provided in this article, any violations of §§
160-38 and
160-39 hereof shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
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.