[Adopted 11-4-1974 as Ord. No. 19]
This article shall be known as the "Capped Sewer
Ordinance."
For the purpose of this article, the following
terms shall have the meanings indicated:[1]
A person, or his authorized agent, for whom subdivision or
land development plans are being or have been made.
A land development as defined in the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended
and reenacted, 53 P.S. § 10101 et seq.
[Amended 4-13-1993 by Ord. No. 88]
A structure enclosed within exterior walls or fire walls;
built, erected and framed of component structural parts; and designed
for the housing, shelter, enclosure and support of individuals, animals
or property of any kind; the "principal building" is the main structure
on a given lot.
The professional engineer appointed by the Board to serve
in that capacity.
All structures and appurtenances for the provisions of sanitary
sewerage service to two (2) or more lots, including, but not necessarily
limited to, sanitary sewers, both collector and interceptor sewers,
pumping stations, force mains and sewage treatment plants.
A subdivision as defined by the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended
and reenacted, 53 P.S. § 10101 et seq.
[Amended 4-13-1993 by Ord. No. 88]
[1]
Editor's Note: The former definition of "Board,"
which immediately followed this lead-in paragraph, was deleted 4-13-1993
by Ord. No. 88.
Sanitary sewers shall be planned and constructed
by the developer in all instances where sanitary sewer facilities
for transporting sewage for treatment are available to which the developer
is permitted to connect. If such facilities are not available, but
will, in the opinion of the Board, become available within a reasonable
time, then sanitary sewers shall be installed by the developer and
all termini shall be capped by him. Security satisfactory to the Board
shall be furnished by the developer to guarantee completion of all
improvements and installations required by this article and to guarantee
payment for all engineering services required by this article.
The Sanitary Engineer will review the design
of and inspect the construction of all sewerage works constructed
by the developer in order to give assurance that said sewerage works
will coordinate and have congruity with the township's Comprehensive
Sewerage Plan. After review of the design, the Sanitary Engineer will
recommend the action to be taken by the Board. The design of the sewerage
works must be approved by the Board prior to the beginning of construction
of the same.
The costs of engineering services which are
rendered by the Sanitary Engineer for review of design and inspection
of construction shall be paid by the developer. The costs for services
shall be in accordance with Sanitary Engineer's standard per diem
rates. The procedure for payment will be decided upon among the Board,
the Sanitary Engineer and the developer prior to the beginning of
work by the Sanitary Engineer.
[Amended 4-13-1993 by Ord. No. 88]
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof by summary proceeding,
be sentenced to pay a fine of not less than fifty dollars ($50.) nor
more than one thousand dollars ($1,000.), and the costs of prosecution,
which fine and costs may be collected by suit or summary proceeding
brought in the name of the Township of Brecknock before any District
Justice. Upon judgment against any person by summary conviction or
by proceedings by summons on default of the payment of the fine imposed
and the costs, the defendant may be sentenced and committed to the
county jail for a period not exceeding thirty (30) days.
In addition to the remedies provided in § 86-48 above, any continued violations of this article which shall constitute a nuisance in fact or which shall, in the opinion of the Board, create a nuisance may be abated by proceeding against the violator in a court of equity for relief.
