[Adopted 4-1-2003 by Ord. No. 176-4-03]
This article shall be known as the "North Codorus
Township Capped Sewer Ordinance."
The purpose of this article is to establish
procedures for requiring the installation of capped sewers as hereinafter
more fully described, and the Supervisors hereby find that the enactment
of this article is necessary for the protection, benefit and preservation
of the health, safety, and welfare of the inhabitants of North Codorus
Township.
For the purpose of this article, words and terms
used herein shall be interpreted as follows:
A.
DEVELOPMENT
LOT
PERSON
USED or OCCUPIED
The following terms shall have the meanings indicated:
Includes a land development and a subdivision as defined
in the North Codorus Township Subdivision and Land Development Ordinance,[1] a condominium, a planned residential development and a
mobile home or manufactured housing park.
Includes the words "plot" or "parcel."
Any natural person, firm, association, partnership, corporation,
or other legal entity.
As applied to any land or building, shall be construed to
include the phrase "intended or designed to be occupied."
B.
The singular shall include the plural. Words or phrases
used in the present tense shall include the future.
C.
The word "shall" is and shall be mandatory.
D.
The masculine shall include the feminine and neuter.
E.
Any word or phrase not defined herein shall be defined
in accordance with standard usage and understanding.
A.
Where a land development or subdivision as defined
in the North Codorus Township Subdivision and Land Development Ordinance,
or a condominium, a planned residential development or a mobile home
or manufactured housing park is proposed for land located in North
Codorus Township (which land is hereinafter referred to as "the subject
land"), the owner or developer of the subject land shall apply to
the North Codorus Township Sewer Authority[1] (hereinafter referred to as the "Authority") for a determination
as to the likelihood that sanitary sewers are to be installed within
the area within which the subject land is situated.
[1]
Editor's Note: The North Codorus Township Sewer Authority
was terminated 9-3-2013 by Ord. No. 259-09-2013.
B.
In making said determination, the Authority shall
take into consideration all reasonable and relevant factors and data,
including, but not limited to, the projected growth of the area involved
and the economic impact upon the then present or proposed sanitary
sewer system facilities, with reference being made to the approved
Act 537 Plan and revisions thereto.
C.
Said determination shall be made by the Authority
within 45 days after written application therefor has been made to
the Authority by the owner or developer.
Upon the Authority's determination, pursuant
to the aforesaid application, that the subject land on which the proposed
development is located lies within the area for which public sanitary
sewer system facilities are proposed, or for which there exists the
reasonable potential that public sanitary sewer system facilities
will be proposed for installation within five years from the proposed
date of development, or for which a feasibility study for public sewers
has been made, the owner or developer of the subject land shall install
in the development a complete sanitary sewer collection system, including
collector mains installed in the streetbed or approved right-of-way
and laterals installed from the collector main to the right-of-way
line. The sewer collector mains and laterals shall be plugged watertight
pending connection with the public sanitary sewer system facilities
of the Authority.
A.
The plans and specifications for the installation
of the said sanitary sewer collection system must be prepared for
the proposed development and submitted to the Authority for review
by the Authority's Engineer and for approval by the Authority. No
improvement of any nature of the subject land on which the proposed
development is located shall be started until and unless the developer
complies with this section and approval is granted by the Authority.
B.
The Engineer of the Authority shall make on-site inspections
of the installation of the said sanitary sewer collection system and
all of its facilities during its construction from time to time as
the Engineer shall deem necessary in the Engineer's sole discretion.
No part of the sanitary sewer collection system shall be covered upon
completion thereof until the Engineer of the Authority makes final
inspection of and approves the said system.
C.
Upon completion of the said sanitary sewer collection
system, the developer shall file with the Authority and with North
Codorus Township a final plan and specifications for the said system
as built, which final plan must be prepared by a registered professional
engineer or registered professional surveyor, showing the size, location,
depth, and length of all lines and laterals. All descriptions are
to include bearings and distances.
D.
Upon completion of the said sanitary sewer collection
system, and as a condition of approval to the owner or developer,
the owner and developer shall transfer the facilities and improvements
and any easements to the Authority and shall execute such bonds, guarantees
and warranties for maintenance and relative to the design and construction
of the facilities and improvements together with a hold-harmless agreement
as the Authority may require. Furthermore, the owner and developer
shall post with the Authority a performance bond with a surety company
lawfully doing business in Pennsylvania as a surety company, as surety,
wherein the developer is obligor and the Authority is obligee, or
a bond secured by a mortgage which is a first lien upon real estate
being held by the mortgagor in fee simple, free and clear of all liens
and encumbrances, as in the opinion of Authority's solicitor shall
not render the title unmarketable and which real estate shall have
a fair-market value in at least the amount of the bond plus estimated
costs of foreclosure, or an irrevocable letter of credit from a local
lending institution, or cash in such amount and in such form as is
satisfactory to the Authority, which said security shall secure unto
the Authority the performance of the developer's obligation under
this article.
E.
The owner and developer shall pay all costs incurred
by the Authority in the inspections, reviews, and approvals made by
the Authority and its Engineer as provided in this section in monthly
installments as billed by the Authority. Prior to the beginning of
any inspection, the owner or developer shall deposit a sum, as set
from time to time by resolution of the Board of Supervisors, with
the Authority to be applied to such cost, and the owner and developer
shall pay any cost in excess of that amount within 30 days from the
date invoiced for the same by the Authority. Final approval shall
not be given to the owner or developer by the Authority until all
such costs have been paid in full.[1]
A.
All sanitary sewer systems installed pursuant to this
article shall be compatible with the public sanitary sewer system
of the Authority, conforming in all respects to the standards and
requirements to which the said system of the Authority must conform,
and having the capacity to receive and transport sewage to a treatment
plant.
B.
Sewage collection and transportation shall be by gravity
flow mains; provided, however, that pumps and force mains shall be
provided if the Authority concludes that the cost or other difficulty
involved in providing gravity flow will prevent the reasonable use
of the subject premises. In the latter event, the owner and developer
shall transfer any and all such pumps, force mains and appurtenant
facilities to the Authority upon completion of the said sanitary sewer
collection system, and the same shall be covered by all security required
pursuant to this article.
A.
No person shall sell, transfer or agree to or enter
into an agreement to sell or transfer any land situate in North Codorus
Township for which a development is proposed unless and until there
has been full and complete compliance with the provisions of this
article. No building or occupancy permit or certificate shall be valid
nor may be used unless there has been such compliance.
B.
Any person who does not comply with the requirements
of this article or who shall in any way violate any specific provision
of this article shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense. The conviction of any person
under this section shall not preclude North Codorus Township or the
Authority from recovering any loss or damage occasioned by the violation.
C.
In addition to the penalties set forth herein, in
the event of a failure to comply with the provisions hereof, North
Codorus Township or the Authority may institute civil action in law
or in equity to redress any violation hereof, or failure to comply
with any of the terms or conditions of any approval given hereunder,
including, but not limited to, an action for an injunction to restrain
any further development or to compel compliance.
D.
North Codorus Township hereby specifically grants
authority to the Authority to prosecute any person for violation of
this article or to bring a civil action as provided for herein.
