Township of Kidder, PA Article I Capped Sewers

[Adopted 6-1-1973 by Ord. No. 18]

§ 142-1 Short title.

This article shall be known and may be cited as the “Capped Sewer Ordinance.”

§ 142-2 Sewage facilities, standards and permits.

A. The minimum sewage facility that shall be provided for each dwelling, building, commercial or industrial enterprise shall be of materials, design and function in accordance with standards and regulations as determined by the Pennsylvania Department of Environmental Protection. Unless otherwise provided in the Pennsylvania Sewage Facilities Act and regulations thereunder, all installations of sewage facilities within the Township shall be in accordance with a permit issued by the Township. Regardless of whether an owner, tenant, manager or contractor installing or intending to install a sewage facility may be exempt from being required to obtain a sewage permit such exemptions shall only be valid after written application is made and approved by the Township setting forth the basis upon which an exemption is claimed.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. In addition to satisfying all requirements under Subsection A, the subdivider shall provide the subdivision with a complete sanitary collection system, including a collector main installed in the street bed or approved right-of-way and laterals installed from the collector main to the lot line. The collector main shall be of a material and design approved by the Township and shall conform in all respects to the standards and requirements as published in the Sewage Manual by the Department of Environmental Protection. The lateral to the lot line shall be of a material and design approved by the Township and for the residences shall be of a minimum inside diameter of six inches between the collector main and the right-of-way line of the street or highway. Laterals for buildings other than single-family residences shall be commensurately larger and as approved by the Township Engineer. The sewage collector mains and laterals shall be plugged watertight pending connection with a public sewer system.

[Amended 5-2-1975 by Ord. No. 25]

C. Following the construction of the sewage collection system, the subdivider shall provide the Township with "as built" plans prepared by a registered professional engineer or registered professional surveyor, showing the size, location and length of all lines. All descriptions are to include bearings and distances.

D. Upon proper cause, the Supervisors, at an open meeting, may waive, modify, alter or suspend the requirement of Subsection B.

E. All subdividers in the initial submission to the Planning Commission shall set forth in written preliminary outline their plans to satisfy the requirements of this § 142-2.

§ 142-3 Violations and penalties.

Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgement, the Township may enforce the judgement pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

§ 142-4 Abatement of nuisances.

In addition to any other remedies provided to this article, any violation of § 142-2 above shall constitute a nuisance and may be abated by the Supervisors of Kidder Township by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.