[Amended 12-13-2007 by Ord. No. 2007-18]
The purpose of this article is to provide standards
for the construction of sanitary sewer systems within Springettsbury
Township by authorizing Springettsbury Township to establish by regulation
design standards and specifications for sewer facilities and for the
connection of such facilities to the public sewer system. Any reference
to the Springettsbury Township Sewer Authority in this article shall
be deemed to refer to the Township.
Unless the context specifically and clearly
indicates otherwise, the meaning of the terms in this article shall
be as follows:
AGENT
A Springettsbury Township representative or inspector.
APARTMENT COMPLEX
A building structure consisting of one or more individual
dwelling units constructed above one or more other individual dwelling
units contained in the same building structure, intended for continuous
or periodic habitation by human beings. For the purpose of this article,
one apartment complex shall be served by one service connection.
AUTHORITY
Springettsbury Township Sewer Authority, a Pennsylvania Municipal
Authority.
BUILDING
An enclosed structure having a roof supported by columns,
walls, arches or other devices and adapted to occupancy or use for
public, institutional, residence (residential), commercial, manufacturing
or storage purposes.
BUILDING DRAIN or HOUSE LATERAL
The extension from the building drain from a single building
that is not a land development to the service connection of a private
or public sewer or to any other point of disposal. The building sewer
or house lateral shall be owned, operated and maintained by the property
owner.
DEP
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
[Amended 4-25-1996 by Ord. No. 1996-05]
DEVELOPER
Any property owner or person representing the property owner
or tenant with the permission of such property owner who makes or
causes to be made a subdivision of land or a land development. When
authorized, in writing, representatives, contractors, engineers or
any other employee of the developer shall be included within the definition.
In the case of an individual property owner proposing to connect to
an existing sanitary sewer main or interceptor, the individual property
owner shall be the developer.
EPA
The Environmental Protection Agency of the United States.
HOUSE LATERAL or BUILDING SEWER
The extension from the building drain from any structure
to the service connection of a private or public sewer or to any other
point of disposal. The house lateral or building sewer shall be owned,
operated and maintained by the property owner.
INDUSTRIAL WASTE
Any liquid, gaseous or waterborne wastes from industrial
or commercial establishments.
LAND DEVELOPMENT
Any of the following activities.
A.
The improvement of one or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenants.
(2)
The division or allocation of land or space,
whether initially or cumulatively, between two or more existing or
prospective occupants by means of, or for the purpose of, streets,
common areas, leaseholds, condominiums, building groups or other features.
MUNICIPALITY
The Township of Springettsbury, located in York County, Pennsylvania,
and having the appropriate jurisdiction.
PERSON
An individual, a partnership, an association, a corporation,
a joint stock company, a trust, an unincorporated association, a government
body, a political subdivision, a municipality, a municipal authority
or any other group or legally recognized entity. The masculine gender
shall include the feminine, singular shall include the plural where
indicated by the context.
PRIVATE SEWER SYSTEM
Sewage facilities which are privately owned, either individually
or in common, and which serve a subdivision or land development, make
one or more service connections with the public sewer system and no
part of which are intended to be dedicated to the Authority for public
use. Said facilities shall be owned, operated and maintained by the
property owner or developer.
PROPERTY OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property or his authorized representative.
PUBLIC WATER SYSTEM
Sewage facilities owned by the Authority or sewage facilities
constructed by a developer which serve a subdivision or land development
and which are located in a public right-of-way or in a right-of-way
intended to be dedicated to public use together with the facilities
constructed therein as an extension of the Authority's system. Said
facilities shall be owned by the Authority and operated by the Township.
SANITARY SEWER
Any pipe or conduit constituting a part of any public or
private sewer system used or usable for sewage collection and transportation
purposes. For the purposes of this article, a sanitary sewer is intended
to exclude the introduction of storm, surface and groundwater.
SERVICE CONNECTION
That part of the public or private sewer system extending
from the sanitary sewer main or interceptor to a point behind the
curbline, or if there shall be no curbline, to a point behind the
curbline projected or the edge of any sanitary sewer easement. The
service connection shall be maintained by the Township with respect
only to public sewer systems. For the purpose of this article, an
apartment complex service connection shall be supplied by a single
six-inch diameter building sewer constructed and installed per single
building structure. For this purpose of this article, a townhouse
complex service connection shall be supplied by an individual six-inch
diameter building sewer constructed and installed per individual townhouse
unit.
SEWAGE
Normal water-carried household and toilet wastes from any
property and industrial wastes, carried either separately, but excluding
groundwater, surface water or stormwater.
SEWAGE FACILITIES
All sewer facilities used or useful in connection with the
collection, transportation, pumping, treatment and disposing of sewage
including, but not limited to, sewer lines, manholes, pump stations,
control buildings, treatment works and related facilities.
STRUCTURE
A combination of materials used to form a construction, excavation
or erection, with a movable or fixed location on the surface of the
ground or affixed to something having a fixed location on the surface
of the ground.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot developments.
TOWNHOUSE
A single-family dwelling unit connected to at least one other
townhouse unit. For the purpose of this article, each townhouse unit
shall be served by an individual service connection and its associated
building sewer.
TOWNSHIP
The Township of Springettsbury, York County, Pennsylvania.
TOWNSHIP SPECIFICATIONS
For the purpose of this article, refer to technical specification
for sewer construction on file at the Springettsbury Township Wastewater
Treatment Facility.
UNIT
A.
For the purpose of this article, refer to any
and all of the following; provided that each unit as so defined generates
or has the potential to generate sewage:
(2)
That section of a multifamily structure or building
that is intended to independently house a separate living quarters
for a family or for persons living together or for persons living
alone.
(3)
A separate building designed and intended for
a business or commercial use.
(4)
That section of a building designed and intended
to independently support a business or that is intended for a specific
commercial use.
B.
For the purpose of this article, that portion
of a building intended for a specific commercial use and that portion
of a building used as an individual dwelling unit intended for domestic
use, regardless of the number of those entities contained in a building
and regardless of whether each of those entities is served by a separate
building sewer or house lateral, shall each constitute a separate
unit.
No sewage facilities for any building sewer,
private sewer system or public sewer system shall be constructed or
installed within the Township except in accordance with the provisions
of this article and no building sewer or private sewer systems shall
make a service connection to the public sewer system unless it is
so constructed.
Building sewers from the service connection
to the structure's building drain shall be designed and constructed
in accordance with the requirements, standards and specifications
of the Springettsbury Township Plumbing Code, as amended, and shall be installed by the property owner
or developer at his own expense.
All sewage facilities, other than building sewers,
shall be designed and constructed in accordance with the regulations
of the Authority setting forth the requirements, standards and specifications
for private sewer systems and public sewer systems and for service
connections to the public sewer system. The installation of sewage
facilities other than building sewers may be performed by the developer,
the Authority or the Township at the option of the Township. The cost
of installation, inspection and testing shall be at the expense of
the property owner or the developer.
[Amended 4-25-1996 by Ord. No. 1996-05]
The Township, in consultation with the Authority's
engineer, shall within 60 days of the effective date of this article,
promulgate proposed regulations setting forth the requirements, standards
and specifications for the design and construction of sewage facilities
in private sewer systems and public sewer systems and all service
connections to the public sewer system. Such regulations shall be
approved and adopted by the Authority within 30 days thereafter with
such amendments, modifications or supplements as the Authority shall
deem appropriate. Thereafter, the Township shall propose amendments,
modifications or supplements to the regulations, from time to time,
as conditions or circumstances shall warrant. All regulations and
any amendments, modifications and supplements thereto shall be adopted
by resolution of the Authority and be effective 30 days following
adoption. Copies of the approved regulations may be provided at a
cost to be determined through Township resolution.
Where unusual or abnormal conditions or circumstances
are present in any subdivision or land development or there exists
conditions or circumstances not covered by the Authority's regulations,
the developer's engineer shall consult with and obtain the concurrence
of the Authority's engineer in the design and construction of the
affected sewage facilities.
Any developer aggrieved by the application of
any regulation adopted by the Authority may request the Authority
to waive or modify such regulation. The request shall be in writing,
shall specify a hardship or reason for varying the regulation, which
shall be other than solely economic and shall state the minimum variance
from the regulation which will provide the relief sought. The Authority
shall refer such request to the Township for its review and comment.
Within 45 days of the filing of the request, the Authority shall hold
a public hearing on the request at which the developer and the Township
may appear and be represented by their attorneys, engineers or other
consultants. The Authority shall render a decision, in writing, within
30 days of the date of the hearing and deliver the same to the developer
and Township by ordinary mail.
[Amended 4-25-1996 by Ord. No. 1996-05]
Notwithstanding the provisions of this article,
if DEP or EPA shall by regulation prescribe any requirement, standard
or specification for sewage facilities more stringent than, or in
addition to, those provided herein, then the DEP or EPA regulation,
as the case may be, shall prevail over or supplement any regulation
of the Township or of the Authority.
All developers proposing to construct any private sewer system or public sewer system in any subdivision or land development within the Township shall familiarize themselves with the regulations of the Authority related to the design and construction of such systems. The developer may request, and upon such request the Township shall schedule, a meeting to review preliminarily the sewage facilities required to serve the developer's proposed subdivision or land development. If the developer shall have filed a sketch plan with the Township for review pursuant to §
289-8 of Chapter
289, Subdivision and Land Development, the developer shall request and provide representation at such meeting.
[Amended 4-25-1996 by Ord. No. 1996-05]
Prior to the filing of any final subdivision
or land development plan with the Township the developer shall file
with the Township two copies of a final planning module, including
all information or documents which the Township may reasonably request
to assist in evaluating the sewage requirements of the developer's
project.
[Amended 4-25-1996 by Ord. No. 1996-05]
The Township shall review each planning module
and approve or disapprove the same within 60 days of the date of the
Township determines the planning module is administratively complete.
The Township's decision shall be communicated in writing mailed to
the developer within 15 days of the date it is rendered. When a planning
module is not approved as filed, the decision of the Township shall
specify the basis for the disapproval. Fees and associated costs for
planning module review by the Township may be charged to the developer
and shall be set through Township resolution.
[Amended 4-25-1996 by Ord. No. 1996-05]
A. The approval of a planning module authorizes the developer to make application with the Township for a sewer construction permit in accordance with §
265-54 of this article and upon issuance of the sewer construction permit commence construction of the proposed sewage facilities in accordance with the Township's decision, provided the Township has approved the developer's preliminary subdivision or land development plan.
B. The Township shall not approve a final subdivision or final land development plan unless the developer shall have completed construction of the sewage facilities approved by the Township or the developer shall have filed with the Township adequate financial security guaranteeing the completion of the sewage facilities as provided in §
265-54 hereof.
[Amended 4-25-1996 by Ord. No. 1996-05]
When the developer elects not to complete construction of the sewage facilities prior to seeking approval of a final subdivision or final land development plan, the developer shall file with the Township a written guarantee with financial security to assure the completion of that part of the sewage facilities that are to be a part of the public sewer system as provided in § 301(s.1) of the Municipal Authorities Act of 1945, as amended. In the alternative, the developer may file such security with the Township as provided in §
289-29 of Chapter
289, Subdivision and Land Development.
[Amended 4-25-1996 by Ord. No. 1996-05]
All public and private sewage systems shall
be installed in accordance with the Township specifications and all
the rules and regulations adopted by the Township and all rules and
regulations of DEP and/or EPA, if applicable. No modification of the
plans and specifications shall be permitted during the course of the
work unless prior approval of the modification is granted by the Township.
The construction of the sewage system shall, at all times, be subject
to inspection by the Township's designated representative and by any
other municipal or state representative having jurisdiction over such
installation. No building sewer connections to manholes shall be permitted.
Fees for inspections shall be determined through Township resolution.
Sanitary sewer construction permits shall contain
at least the following terms and conditions:
B. General limitations and requirements.
C. Specific limitations and requirements.
Sanitary sewer construction permits are issued
by the Township to a specific developer for a specific purpose and
shall not be assigned or transferred or sold to a new developer or
to a different location or for a different project without the approval
of the Township.
[Amended 12-11-2003 by Ord. No. 2003-18]
A. Sanitary sewer construction permits shall be subject
to revocation according to the following provisions:
(1) Failure of developer to factually report plans.
(2) Failure of developer to factually report changes in
plans.
(3) Refusal of reasonable access to the developer's site
for the purposes of inspection.
(4) Violations of the conditions of the permit.
(5) Violation of any Township rule or regulation.
(6) Any deviation from approved plans and specifications.
(7) Any violation of the rules and regulations of DEP
and or EPA.
B. The Township will not revoke a permit without first
allowing the developer to show cause why the proposed action should
not be taken. Before any additional construction takes place after
a permit revocation the developer must first apply for and be granted
a reinstatement of the revoked permit or a new permit as the Township
may require and pay all delinquent fees, charges and costs occasioned
by the permit revocation and reinstatement or reissue of the permit.
All construction work performed by the developer
or the developer's contractors in the construction of sewage facilities
shall be inspected by the Township for compliance with the Authority's
approval and the regulations related thereto. The Township shall designate
an inspector for the project who shall have the right to enter upon
and be present at the job site at any and all times during the progress
of the work and who shall be given free and uninterrupted access to
observe, inspect, test and otherwise assure that the materials, construction
methods and work performed by the developer conform to the approval
and the regulations.
Periodically throughout the construction project,
but at a minimum upon completion of all necessary inspections by the
Township's agent, any inspection costs, as determined through a resolution
by the Township Board of Supervisors, shall be paid by the developer.
Costs shall include, but not be limited to, reasonable costs of maintaining
an inspector on the project and the cost of any tests required to
be performed by the Township in connection with the work.
Upon completion of construction and prior to
the discharge of any sewage into the public or private sewer system,
the Township's agent shall conduct a final inspection, which inspection
shall include such tests as the sewer design plans, specifications,
applicable regulations and Township specifications required. Any deficiencies
noted at the time of final inspection by the Township's agent shall
be reported, in writing, to the developer who shall correct such deficiencies.
Thereafter, the developer may request that a reinspection be made
by the Township's agent. All remaining fees that are due the Township
but not previously collected including, but not limited to, those
for inspections shall be paid prior to final approval of the system
by the Township.
Upon the completion of the construction and such final inspection and testing as described under §
265-62 of this article, the Township shall notify the developer, in writing, of the approval of the sewage facilities for use. No sewage shall be discharged into or through such facilities until such notification is given. As a condition precedent to approval of the sewage facilities for use, the developer shall file with the Township the following:
A. If a private sewer system, the sepia mylar film and
two sets of direct blue line prints of as-built drawings and plans
of the sewage facilities as constructed.
B. If a public sewer system:
(1) The sepia mylar film and two sets of direct blue line
prints of as-built drawings and plans of the sewage facilities as
constructed.
(2) A maintenance agreement in form acceptable to the
department whereby the developer agrees to maintain the sewage facilities
in good order and repair for a period of one year from the date of
acceptance.
(3) An irrevocable and unconditional deed of dedication
offering the sewage facilities and all easements or rights-of-way
in which such facilities are located to the Authority for public use
free and clear of all liens and encumbrances.
At a minimum of one year following the approval
of the sewage facilities for use and provided the developer shall
have kept and maintained such facilities in good order and repair
during said period, the Authority, in its sole discretion, may by
resolution accept the developer's offer and deed of dedication. From
and after such acceptance, the sewage facilities and all easements
or rights-of-way in which such facilities are located shall be and
become the property of the Authority and be maintained by the Authority
or the Township, as the case may be, in the same manner as if the
facilities had been constructed by the Authority for public use.
[Amended 12-13-2007 by Ord. No. 2007-18]
All inspection fees and/or miscellaneous charges
imposed by this article shall be a debt due to the Township and shall
be a lien on the property served if not paid.