[Adopted 2-9-2005 by Ord. No. 291]
The purpose of this article is to establish
procedures for the installation, use and maintenance of sewage grinder
pumps and any associated force mains or low-pressure laterals. It
is hereby 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 this municipality.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
Horsham Township's Official Plan as defined in the Pennsylvania
Sewage Facilities Act, Act of January 24, 1966, P.L. 1535 (1965),
No. 537, as amended, 35 P.S. §§ 750.1 to 750.20a ("Sewage
Facilities Act" or "Act 537").
The Horsham Water and Sewer Authority.
The Pennsylvania Department of Environmental Protection.
Any electric motor driven, submersible pump capable of macerating
all material found in normal domestic sanitary sewage, including reasonable
amounts of objects, such as plastics, sanitary napkins, disposable
diapers, rubber and the like, to a fine slurry, and pumping this material
through a small diameter discharge.
Horsham Township, Montgomery County, Pennsylvania, a second
class township having an address of 1025 Horsham Road, Horsham, PA
19044.
Any parcel of real estate located within Horsham Township
subject to the regulations of 25 Pa. Code 71.01 et seq, and upon which
there is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sewage shall or may be discharged.
[Amended 10-11-2006 by Ord. No 2006-9]
A change in the Horsham Township Act 537 Plan to provide
for additional or newly identified future or existing sewage facilities
needs, as defined fully in Section 1 of the Sewage Facilities Act,
35 P.S. § 750.1.
UPDATE REVISIONA comprehensive revision to the Act 537 Plan required when the Department or Horsham Township determines the official plan or one or more of its parts is inadequate for the existing or future sewage facilities needs of Horsham Township or its residents or landowners.
SPECIAL STUDYA study, survey, investigation, inquiry, research report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.
REVISION FOR NEW LAND DEVELOPMENTA revision to the Act 537 Plan resulting from a proposed subdivision as defined in the Act.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in Horsham Township.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, or to animal or aquatic life or to the use of
water for domestic water supply or for recreation or any substance
which constitutes pollution under the Clean Streams Law, 35 P.S. §§ 691.1
to 691.1001, as amended.
The connection of proposed new land development
or a proposed new improved property to an existing or proposed sewerage
system through the use of sewage grinder pumps, their associated force
mains, or low-pressure laterals shall occur only after an official
plan revision to the Act 537 Plan, approved by both Horsham Township
and the Department, designates that the proposed properties be served
by such a connection. All existing improved properties containing
a grinder pump prior to the passage of this article are exempt from
the provisions contained herein.
A.
The Authority is hereby authorized and empowered to
enforce the provisions of this article and to adopt such rules and
regulations concerning sewage which it may deem necessary from time
to time to effect the purposes herein.
B.
The Authority is hereby authorized and empowered to
take such other actions as are necessary, including, but not limited
to, entering into agreements with property owners that assure proper
operation and maintenance of sewage facilities within the Authority's
service area, including, but not limited to, sewage grinder pumps
and any associated force mains or low-pressure laterals.
A.
Horsham Township shall exercise its powers and legal
authority set forth herein, and under all applicable statutes, ordinances,
and other laws to effect the purposes of this article.
B.
The Authority shall require an agreement with each
property owner proposing to install a sewage grinder pump or low-pressure
sewage system to assure the short- and long-term operation and maintenance,
use, service, repair or replacement of such systems.
C.
The Authority shall require that all grinder pumps
and low-pressure sewer systems (and the installation, use, operation,
maintenance, service, repair and replacement thereof) shall comply
with the rules and regulations of the Authority in effect from time
to time.
D.
The Authority shall require that all grinder pumps
and low-pressure sewer systems shall be connected to the Authority's
sewage collection and conveyance system in full compliance with the
rules and regulations of the Authority in effect from time to time.
E.
The Authority shall review the type of grinder pump
used and assure that the property owner has provided documentation
that full service capacity is available locally on short notice in
case of malfunction.
F.
Horsham Township and/or the Authority shall bear no
responsibility for the purchase, installation, use, operation, maintenance,
service, repair, or replacement of the grinder pump and/or its low-pressure
force main or lateral, except as otherwise set forth herein.
A.
Each property owner served by a grinder pump shall
bear full responsibility for providing, installing, using, operating,
maintaining, servicing, repairing and replacing his/her grinder pump
and/or its low-pressure force main or lateral, unless otherwise set
forth herein.
B.
Where the low-pressure force main or lateral is shared
between property owners, they shall submit to Horsham Township a declaration
of easements, covenants and restrictions in recordable form setting
forth the agreement of each benefited property owner with respect
to the installation, use, operation, maintenance, service, repair
and replacement of the low-pressure sewer system, which agreement
shall bind all future property owners. Following the approval of the
low-pressure system by all applicable agencies, the Authority will
not issue a permit for its installation until evidence is presented
that the agreement has been recorded in the Office for the Recording
of Deeds, Montgomery County, Pennsylvania.
C.
Each property owner shall annually renew, at the owner's
own expense, for the life of the grinder pump and shall annually provide
to the Authority a copy of a maintenance contract with a plumber duly
registered with Horsham Township, or a private, independent contractor
who has been given special training by the original equipment manufacturer
to service the grinder pump and all appurtenances (collectively "maintenance
contractor").
[Amended 10-11-2006 by Ord. No 2006-9]
D.
Each property owner shall have the maintenance contractor
inspect the grinder pump at least every three years and have the maintenance
contractor provide the owner and the Authority with copies of the
inspection report, signed by the maintenance contractor, certifying
that the grinder pump is operational. The costs of such inspections
shall be borne solely by the owner. The report shall also indicate
resolution of any deficiencies noted in the maintenance contractor's
inspection or any service or alarm call during the period between
inspections. If a revision or modification is made to the grinder
pump, an amended and revised drawing detailing the revision or modification
shall be provided to the owner and the Authority. The owner is responsible
for obtaining any required permits from the Township for any revision
or modification to the grinder pump.
[Amended 10-11-2006 by Ord. No 2006-9]
In the event Horsham Township or the Authority
elects to perform the property owner's obligations contained in this
article or any agreements entered into by the property owner and Horsham
Township or the Authority, Horsham Township and/or the Authority shall
charge the property owner the cost incurred by Horsham Township or
the Authority in performing property owner's obligations hereunder
or in any subsequent agreements, and property owner shall reimburse
Horsham Township and/or the Authority for all such costs.
In the event of property owner's failure to
perform under this article or any subsequent agreements resulting
herefrom, Horsham Township and/or the Authority shall have the right
to pursue whatever legal or equitable remedy they shall deem appropriate,
including, but not limited to, bringing an action for specific performance
against the property owner to compel compliance with this article
or any subsequent agreement resulting herefrom. Horsham Township and/or
the Authority shall also have the right to file a lien against the
property to secure to Horsham Township and/or the Authority any reimbursement
of costs due to them.
In addition to any other remedies provided in this article, any violation of §§ 176-18 and 176-19 above shall constitute a nuisance and shall be abated by Horsham Township or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
All such rules and regulations adopted by the
Authority to effectuate this article shall be in conformity with the
provisions herein, all other ordinances of Horsham Township, and all
applicable laws, and applicable rules and regulations of administrative
agencies of the Commonwealth of Pennsylvania.
