[Adopted 7-11-2006 by Ord. No. 4-2006]
This article shall be known as the "New Salem
Borough Sewer Connection Ordinance."
Unless the context specifically and clearly
indicates otherwise, the meaning of the terms used in this article
shall be as follows:
North Codorus Township Sewer Authority, a Pennsylvania Municipality
Authority.
The Borough of New Salem, York County, Pennsylvania.
Any structure erected and intended for continuous or periodic
habitation, occupancy or use (whether or not so used) by human beings
or animals and from which structure sewage or industrial waste, or
both, is or may be discharged.
The extension of the sewage drainage system from any building
to the lateral or service connection of a sewer.
Any property located within the Borough and within the area
served by the sanitary sewer system constructed by the Borough upon
which there is erected a building or buildings.
Any solid, liquid or gaseous substance or form of energy
rejected or escaping in the course of any industrial, manufacturing,
trade or business process or in the course of the development, recovery
or processing of natural resources, as distinct from sewage, excluding
any groundwater, surface water or stormwater.
That part of the sewer system extending from a sewer to a
point at the edge of the curb or sidewalk line, or, if no curb or
sidewalk, to the outer edge of the street, or, if no street, to the
outer edge of the sewer right-of-way line.
Any privy vault, cesspool, sinkhole, septic tank, similar
receptacle or other system intended to dispose of sewage on improved
property which is located on such improved property.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property located within the area served
by the sanitary sewer system constructed by the Borough.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity, public or private.
The building or buildings which constitute the main or primary
use of the property. In all instances, a residential dwelling shall
constitute the principal building, but for purposes of this article
there can be more than one principal building on an improved property,
so long as any such building constitutes a substantial use of the
improved property.
That portion of, or place in, a sewer, in those cases where
no lateral is provided, which is provided for connection of any building
sewer.
Normal water-carried household and toilet wastes, including
the wastewater, from any improved property, excluding any groundwater,
surface water or stormwater.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
pumping, treating and disposing of sewage and industrial waste.
Includes any street, road, lane, court, alley and public
square.
The Township of North Codorus, York County, Pennsylvania.
[Added 12-1-2015 by Ord.
No. 2-2015]
[Amended 12-1-2015 by Ord. No. 2-2015]
The owner of any improved property adjoining or adjacent to the sewer system that has a building or buildings of which any part is within 200 feet of the sewer system shall connect such building on the improved property with the sewer system, in such a manner as the Borough may require; provided, however, that the owner shall apply for a permit, pursuant to § 170-40, within 30 days after notice to such owner from the Borough to make such connection, and shall make such connection within 90 days after the issuance of such notice as provided in this section and § 170-38, for the purpose of discharge of all sewage and, to the extent permitted by the rules and regulations of the Township, industrial wastes from such improved property, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the Township, from time to time. An extension of the time allowed to make connection may be granted upon written request of the owner to the Borough, and at the Borough's sole and absolute discretion. If the Borough, in its sole and absolute judgment, determines that unique circumstances exist which make it impossible or impracticable for an improved property, which would otherwise be required to connect to the sewer system because of the distance from the building to the sewer system, or for any other reason, to connect to the sewer system, the Borough may waive such connection in writing, and shall notify the owner in writing of such waiver.
[Amended 12-1-2015 by Ord. No. 2-2015]
All sewage and, to the extent permitted by the Township, industrial wastes from any improved property, after connection of such improved property with the sewer as required by § 170-32, shall be discharged into the sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the Borough or Township, from time to time.
A.
No person shall place or deposit or permit to be placed
or deposited upon public or private property, within the area in the
Borough served by the sanitary sewer, any sewage or industrial wastes
in violation of this article.
B.
No person shall discharge or permit to be discharged
to any on-lot system or natural outlet, within the area in the Borough,
any sewage or industrial wastes in violation of this article.
No person shall discharge or cause to be discharged
any stormwater, surface water, ground water, roof runoff or subsurface
drainage into any sewer.
A.
No on-lot system shall be used and maintained at any time upon any improved property which has been connected to a sewer or which shall be required, under § 170-32, to be connected to a sewer.
B.
For all improved properties required to connect to
the sewer, every on-lot system in existence shall be abandoned, pumped,
cleaned and filled under the observation or direction of the Borough
or its duly authorized representative. Any on-lot system not so abandoned,
cleaned and filled shall constitute a nuisance and such nuisance may
be abated as provided by law, at the expense of the owner of such
improved property. In the alternative, a septic tank, if appropriate,
may be utilized as a location for the placement of a grinder pump
to serve the improved property. Use of the septic tank as a location
for a grinder pump shall be allowed only upon written application
to the Borough, which application shall be granted, provided that
the installation of the grinder pump be completed in a manner satisfactory
to the Borough and under applicable law. In such case, the septic
tank must be structurally sound and watertight, and, after the grinder
pump is installed in it, the remaining portion must be filled with
materials approved by the Borough. The owner must provide information
to the Borough to prove that the septic tank is structurally sound
and, further, allow the Borough, or its duly authorized representative,
to inspect the grinder pump following its installation.
No on-lot system at any time shall be connected
to a sewer.
The notice by the Borough to make a connection to a sewer, required by § 170-32, shall consist of a written or printed document requiring the connection and referring to this article, and may be given at any time after a sewer is in place. Such notice shall be served upon the owner by Borough Council, or its designated agent, either by personal service or by certified or registered mail, or by affixing a copy of the notice to the building at an entrance or other conspicuous place.
No person shall uncover, connect with, make
any opening into or use, alter or disturb in any manner any sewer
or any part of the sewer system without first obtaining a sewer connection
permit, in writing, from the Borough.
Application for a permit required under § 170-39 shall be made by the owner of the improved property served or to be served, or a certified plumber on behalf of the owner, within 30 days after receipt of the notice as set out in § 170-32. The application shall be submitted to the Borough on a form designated by the Borough. All applicable fees, including the tapping fee, shall be paid by the owner prior to the issuance of the permit.
No person shall make or cause to be made a connection
to any improved property with a sewer until such person has fulfilled
each of the following conditions:
Except as otherwise provided in this section,
each improved property and building thereon shall be connected separately
and independently with a sewer through a building sewer. In the case
of multiple uses in a building, each such use shall obtain and have
its own sewer capacity. Grouping of one or more buildings on an improved
property on a building sewer may be permitted, under special circumstances
and for good cause shown. However, such grouping shall be allowed
only after a written request is submitted to the Borough and the Borough
grants its approval in writing. In such case, the approval may be
accompanied with conditions.
All costs and expenses of construction of a
building sewer and all costs and expenses of connection of a building
sewer to a sewer, including testing, shall be borne by the owner of
the improved property to be connected. Any and all owners shall indemnify
and save harmless the Borough from all loss or damage that may be
occasioned, directly or indirectly, as a result of construction of
a building sewer or of connection of a building sewer to a sewer.
If the owner of any improved property benefited, improved or accommodated by a sewer, after 30 days' notice from the Borough, or such other time period authorized by the Borough in accordance with § 170-32, shall fail or refuse to obtain the necessary permit to connect such improved property, and to connect to the sewer system, within the required time, the Borough or its designated agent may make such connection and the Borough may collect from such owner all of the costs and expenses thereof, including attorneys' fees, by the filing of a municipal claim or lien, or commencement of any other such legal proceeding as may be permitted by law. Payment of sewer rents shall not be abated due to failure to connect within the designated time.
If an improved property is served by an on-lot
system at the time connection to the sewer is required, the on-lot
system shall be broken at a location to ensure that the on-lot system
is no longer used. The location of the break shall be determined by
the Borough, and it may be within or without the building. The owner
may utilize pipes or other portions of the on-lot system for the building
sewer if the owner obtains prior written approval from the Borough
and such use is not otherwise prohibited by applicable ordinance or
law. Where an improved property, at the time connection to a sewer
is required, is served by an on-lot system, the on-lot system may
be broken between the building and the on-lot system at a location approved as directed by the
Borough, and an attachment be made with proper fittings to continue
use of the pipes serving the building as part of the building sewer,
if approved in writing by the Borough and not prohibited by other
ordinance or law.
No building sewer shall be covered until it
has been inspected and approved by the Borough. Upon approval, the
Borough shall issue a written approval to the owner. If any part of
a building sewer is covered before being inspected and approved, it
shall be uncovered for inspection at the cost and expense of the owner
of the improved property to be connected to the sewer.
Every building sewer of any improved property
shall be constructed and maintained in a sanitary, safe and watertight
operating condition at the cost and expense of the owner of such improved
property.
Every excavation for a building sewer shall
be guarded adequately with barricades and lights to protect all persons
from damage and injury. Streets, sidewalks and other public property
disturbed in the course of installation of a building sewer shall
be restored, at the cost and expense of the owner of the improved
property being connected, in a manner satisfactory to the Borough
or its agent.
If any person shall fail or refuse, upon receipt
of a notice from the Borough, in writing, to remedy any unsatisfactory
condition with respect to a building sewer, within 30 days of receipt
of such notice, the Borough may refuse to permit or allow such person
to discharge sewage and industrial waste into the sewer system until
such unsatisfactory condition shall have been remedied to the satisfaction
of the Borough.
The installation of a building sewer shall be
the responsibility of the owner and shall be installed at the cost
and expense of the owner. Building sewers shall be installed in accordance
with rules and regulations of or approved by the Authority and Borough
regarding installation of building sewers, and any other applicable
law, which rules and regulations are incorporated by reference as
part of this article and made part hereof, and which may be reviewed
at the Borough Building or Borough Secretary's office with prior notice.
[Amended 12-1-2015 by Ord. No. 2-2015]
The Borough shall have the right to enact and
enforce rules and regulations, the right to charge administrative
fees and inspection fees, the right to amend the rules and regulations
and fees, and the right to adopt by reference any rules and regulations
of the Township regarding the installation of building sewers or discharge
from time to time, and to adopt, from time to time, additional rules
and regulations as deemed necessary and proper relating to connections
with the sewer and the sewer system and its subsequent use, and all
of which rules, regulations, fees, conditions and obligations shall
become and shall be construed as part of this article.
Any person who shall violate any provisions
of this article shall, upon conviction thereof in a summary proceeding
before a Magisterial District Judge, be sentenced to pay a fine of
not more than $1,000, together with costs of prosecution, including
attorneys' fees, and, in default thereof, to undergo imprisonment
in the York County Prison for a period not exceeding 30 days. Each
day that a violation continues shall be deemed to be a separate offense
and shall be punishable as such.
Fines and costs imposed under provisions of
this article shall be enforceable and recoverable in any manner at
the time provided by applicable law.
The remedies set forth in this article are in
addition to any and all other remedies that are or may be available
to the Borough or the Authority at law or in equity.
It is declared that the enactment of this article
is necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of the Borough.
