Township of Upper Pottsgrove, PA Article II Connection to Township System; On-Lot Disposal Systems

[Adopted 4-26-1976 by Ord. No. 84 (Ch. 18, Part 4, of the 1993 Code)]

§ 275-10 Sewage collection system.

[Amended 8-22-1994 by Ord. No. 255; 10-21-1996 by Ord. No. 271]

Wherever practicable building sewers shall be installed and connected to the Township sewage collection system. In areas not presently served by the Township sewage collection system, the Township may require, in accordance with the Pennsylvania Sewage Facilities Act[1] and the rules and regulations promulgated thereunder, in addition to installation of on-site sewage disposal facilities, the installation and capping of building sewers, laterals and mains, if studies of the Township indicate that extension of the Township sewage collection system to serve the property appears probable or necessary to protect public health.

A. When a feasibility analysis, conducted by the Township Engineer, the Health Department, the Department of Environmental Protection, or other governmental agency having jurisdiction, determines that a sewage collection system is practicable, then a sewage collection system, with connections to each building in a subdivision or land development, shall be installed at the expense of the applicant or subdivider, and connected to the Township sewage collection system.

B. If the Township sewage collection system is not available in the vicinity, but the area in question is within the planning areas for public sewers delineated on the Act 537 Plan, a sewage collection system, together with all necessary laterals extending from the mains to the street right-of-way lines, shall be constructed and installed at the expense of the applicant or subdivider. The sewage main shall be capped in accordance with applicable specifications at the limits of the subdivision or land development; and the laterals shall be capped in accordance with applicable specifications at the street right-of-way lines. The sewage collection system installation shall include the construction within rights-of-way or easements to bring the sewage main to the future connection with the Township sewage collection system.

C. If sewage collection systems are not to be installed at the time of subdivision and development, subdividers shall grant, reserve, and set aside easements in streets and roads for installation and maintenance of sewage lines at such time that the subdivision or land development shall be a part of the Township sewage collection system.

D. When a capped sewage collection system is provided, on-site disposal facilities shall also be provided.

E. The size, grade, location of manholes and other details of the sewage collection system shall meet applicable specifications.

F. Lateral connections to each lot shown on the final plan shall be installed to the right-of-way line of the street prior to paving. Each building shall have a separate connection to the Township sewage collection system.

G. Prior to the commencement of construction of the sewage collection system in the subdivision or land development for connection or future connection to the Township sewage collection system, the subdivider or applicant shall execute, acknowledge and deliver to the Township a written agreement to and with the Township providing for the construction, installation and completion of the sewage collection system in the subdivision or land development and the connection or future connection thereof to the Township system. The agreement shall contain such terms and conditions as the Township shall require and approve including, without limitation, terms and conditions concerning: plans; permits; financing; inspections; approvals; dedication and conveyance of sewerage facilities and appurtenances; costs, expenses and deposits therefor; and bonds, guarantees and/or other financial security. The Township shall provide the agreement to the subdivider or applicant for execution, acknowledgement and delivery. The agreement may be set forth as a separate instrument or included as part of the agreement or agreements providing for the construction, installation, completion and financial security to guarantee the completion of other improvements and common amenities in or related to the subdivision or land development.

H. The subdivider or applicant shall pay all applicable fees, costs and charges, including deposits therefor, in such amounts and at such times as the Board of Commissioners, by resolution, shall establish from time to time, with respect to the construction, installation and completion of the sewage collection system in the subdivision or land development and the connection or future connection thereof to the Township sewage collection system.

I. This section shall be applicable to all subdivisions and land developments, whether utilizing public or private streets; and in the case of a subdivision or land development utilizing private streets, the subdivider or the applicant shall execute a recordable covenant with the Township that, for the purposes of sewage connections, assessments and rentals, the rights and liabilities of himself and his grantees, heirs, successors, and assigns shall be the same as if his property abutted a public street.

[1] Editor's Note: See 35 P.S. § 750.1 et seq.

§ 275-11 On-lot disposal systems.

[Amended 8-22-1994 by Ord. No. 255; 10-21-1996 by Ord. No. 271]

If public sewage disposal is not available and sewage treatment is on a project or individual lot basis, such private facilities shall be installed by the subdivider, developer, builder or property owner consistent with then-current law and regulations of the Department of Environmental Protection and/or the Health Department, and under the supervision of representatives of the either or both of said departments.

A. Necessary tests and inspections. All percolation tests, soil samples and other data to determine the size and extent of the facilities needed, as such tests, samples and other data may be deemed necessary by the Department of Environmental Protection and/or the Health Department, shall be performed or provided by the subdivider, developer, builder or property owner. During the installation of such facilities and before final coverage thereof, the subdivider, developer, building or property owner shall allow representatives of the Department of Environmental Protection, the Health Department and/or the Township to make such inspections and checks deemed necessary by the representatives to assure that all requirements and specifications have been satisfied. Such representatives shall be granted free access to the development area at all times during the period of such testing, sampling, data gathering and facilities installation and completion.

B. Certificate of approval. A certificate of approval, or other evidence satisfactory to the Township, delivered to the Township Secretary and indicating that the private facilities satisfy all applicable requirements and specifications, shall be a requirement and condition of final plan approval.

§ 275-12 Rules and regulations.

[Added 9-29-2003 by Ord. No. 356]

The Board of Commissioners is hereby authorized to adopt, by resolution, rules and regulations for the maintenance and repair of on-lot systems to be applied in those instances when the Pennsylvania Department of Environmental Protection (DEP) requires an agreement between the Township and a property owner for maintenance and repair of a new on-lot individual sewage disposal system, or when the Township reasonably believes that such an agreement is necessary in order to protect the health, safety, and welfare of its residents. Such rules and regulations may be amended from time to time by further resolution of the Board of Commissioners. The rules and regulations may include provisions for the payment of fees and the establishment of an escrow account.