Questions about eCode360? Municipal users Join us Monday through Wednesday between 12pm and 1pm EDT to get answers and other tips!
Township of Middle Smithfield, PA
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Middle Smithfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Middle Smithfield Township Municipal Authority — See Ch. 7, Art. I.
Building construction — See Ch. 85.
Wells — See Ch. 193.
[Adopted 7-12-1990 by Ord. No. 57]
Unless the context specifically and clearly indicates otherwise, the meanings of terms and phrases used in this chapter shall be as follows:
AUTHORITY
Middle Smithfield Township Municipal Authority, a municipality authority incorporated pursuant to provisions of the Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended and supplemented,[1] of the commonwealth.
BUILDING SEWER
The extension from the sewage drainage system of any structure to the lateral of a sewer.
COMMONWEALTH
The Commonwealth of Pennsylvania.
IMPROVED PROPERTY
Any property within this township 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 sanitary sewage and/or industrial wastes shall be or may be discharged.
INDUSTRIAL ESTABLISHMENT
Any improved property located within this township and used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any other improved property located within this township from which wastes, in addition to or other than sanitary sewage, shall be discharged.
INDUSTRIAL WASTES
Any and all wastes discharged from any industrial establishment, other than sanitary sewage.
LATERAL
That part of the sewer system extending from a sewer to the curbline or, if there shall be no curbline, to the property line, or if no such lateral shall be provided, then "lateral" shall mean that portion of or place in a sewer which is provided for connection of any building sewer.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, company, association, society, trust, corporation, municipality, municipality authority or other group or entity.
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any improved property.
SEWER
Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting, pumping, transmitting, treating and disposing of sanitary sewage and/or industrial wastes, situate in or adjacent to this township and owned by the Authority, and to be leased to this township for maintenance, operation and use.
STREET
Any street, road, lane, court, cul-de-sac, alley or public way or public square.
TOWNSHIP
The Township of Middle Smithfield, Monroe County, Pennsylvania, a township of the second class of the commonwealth, acting by and through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.
[1]
Editor's Note: See 53 P.S. § 301 et seq.
A. 
The owner of any improved property accessible to and whose principal building is within 150 feet from the sewer system shall connect such improved property with and shall use such sewer system, in such manner as this township may require, within 60 days after notice to such owner from this township to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this township, from time to time.
B. 
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under Subsection A, shall be conducted into a sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this township, from time to time.
C. 
No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within this township any sanitary sewage or industrial wastes in violation of Subsection A.
D. 
No person shall discharge or shall permit to be discharged to any natural outlet within this township any sanitary sewage or industrial wastes in violation of Subsection A, except where suitable treatment has been provided which is satisfactory to this township.
E. 
Privy vaults, cesspools, sinkholes, septic tanks, etc.
(1) 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection A to be connected to a sewer.
(2) 
Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this township, shall be cleansed and shall be filled, at the expense of the owner of such improved property, under the direction and supervision of this township; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this township, not cleansed 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.
(3) 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer.
F. 
Notice. The notice by this township to make a connection to a sewer, referred to in Subsection A, shall consist of a copy of this chapter, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this chapter and specifying that such connection shall be made within 60 days after the date such notice is given or served. Such notice may be given or served at any time after a sewer is in place which can receive and can convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be given or served upon the owner in accordance with law.
A. 
No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any sewer or any part of the sewer system without first obtaining a permit, in writing, from this township.
B. 
Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
C. 
No person shall make or shall cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions:
(1) 
Such person shall have notified the Secretary of this township of the desire and intention to connect such improved property to a sewer.
(2) 
Such person shall have applied for and shall have obtained a permit as required by Subsection A.
(3) 
Such person shall have given the Secretary of this township at least 24 hours' notice of the time when such connection will be made so that this township may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing.
(4) 
If applicable, such person shall have furnished satisfactory evidence to the Secretary of this township that any tapping (or connection) fee which may be charged and imposed by the Authority against the owner of each improved property who connects such improved property to a sewer has been paid.
D. 
Except as otherwise provided in this subsection, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of this township, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by this township.
E. 
All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and shall save harmless this township and the Authority 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.
F. 
A building sewer shall be connected to a sewer at the place designated by this township or by the Authority and where, if applicable, the lateral is provided. The invert of a building sewer at the point of connection shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made and the connection of a building sewer to the lateral shall be made secure and watertight.
G. 
If the owner of any improved property located within this township and accessible to and whose principal building is within 150 feet from the sewer system, after 60 days' notice from this township, in accordance with § 148-2A, shall fail to connect such improved property as required, this township may enter upon such improved property and construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law.
A. 
Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or sewage disposal device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or sewage disposal device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer.
B. 
No building sewer shall be covered until it has been inspected and approved by this township. If any part of a building sewer is covered before so 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 a sewer.
C. 
Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
D. 
Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk and other public property disturbed in the course of installation of the building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this township.
E. 
If any person shall fail or shall refuse, upon receipt of a notice of this township or the Authority in writing, to remedy any unsatisfactory condition with respect to a building sewer within 60 days of receipt of such notice, this township or the Authority may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of this township and the Authority.
F. 
This township reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and with the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this chapter.
A. 
Any person who violates or permits a violation of this chapter, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of this violation by the District Justice and/or Court. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[Amended 1-5-1998 by Ord. No. 84]
B. 
Fines and costs imposed under provisions of this chapter shall be enforceable and recoverable in the manner and at the time provided by applicable law.
It is declared that enactment of this chapter is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this township.
[Adopted 10-8-2009 by Ord. No. 169]
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used herein shall be as follows:
CONNECTION PERMIT
A written certificate or document issued by the Authority evidencing the right to physically connect the sewage lateral from a building or dwelling to the central sewer system for a specified structure or lot or parcel of land.
OWNER(S)
Any person or persons or entity who or which hold legal or equitable title to a lot or parcel of land within the service area of the Authority.
An equivalent dwelling unit ("EDU") shall be equal to a sewage discharge use of 200 gallons per day for all purposes, or as may be later changed by resolution adopted by the Authority.
A. 
First-come-first-served basis; site-specific.
(1) 
The sale and issuance of connection permits shall only be available on a first-come-first-served basis to the owner(s) of lands within the service area of the Authority. Reservation agreements shall not be entertained or accepted. All connection permits must be paid for in full at the time of issuance thereof. If connection permits are issued for a development with a number of lots, each lot shall be considered as a separate property hereunder. A plan of lots shall be presented together with any application for connection permits to be issued for a development with a number of lots.
(2) 
Any such connection permit shall be site-specific, shall be based on specific plans presented with the application for the particular intended use for each requested connection permit or EDU, and shall run with the title to the subject lot or parcel of land.
B. 
Issuance of connection permit(s). The Authority shall issue a connection permit to the owner(s) who purchase a right to connect sewage lines to the Authority's sewer system. The connection permit shall be in such form as may be approved by the Authority and shall contain on its face its date of issuance, the specific site for which it is issued, and the name of the owner(s) who or which purchased it. The owner(s) who purchase a connection permit shall execute a user agreement in such recordable form as may be approved by the Authority and shall pay the cost of recordation of the same.
C. 
Limitation of assignment of connection permit(s). A connection permit shall not be assigned or transferred without the advance written approval of the Authority. Any such assignee shall agree in writing to be bound by the rules and regulations of the Authority. At the option of the Authority, any assignment without the approval of the Authority shall result in the forfeiture of the connection permit.
D. 
Conditions precedent for connection permit issuance.
(1) 
Applications to be site-specific; acceptance of plan required.
(a) 
An applicant for a connection permit must hold legal or equitable title to a specifically described lot or parcel of land for which the connection permit is sought. The connection permit when issued shall be site-specific for the said lot or parcel of land and may not be assigned or transferred to another lot or parcel.
(b) 
For purposes of the above provisions, an applicant or developer may only make application for connection permits for a subdivision or land development plan after official acceptance of a preliminary subdivision or final land development plan by the Township, and after Act 537 Wastewater Planning approval has been obtained from the Pennsylvania Department of Environmental Protection.
(2) 
Approved development sewer plans required. Before acceptance of any connection permit application for a subdivision or land development plan, the applicant or developer must submit to the Authority a detailed sewer plan that shows all the internal sewage collection lines within the development, which must be reviewed by the Authority Engineer and then officially approved by the Authority and by the Pennsylvania Department of Environmental Protection, if required.
(3) 
Security for presentation of as-built plans. The applicant or developer shall submit a financial security in such amount and form as may be approved by the Authority guaranteeing the completion and presentation of the required as-built sewer plans and specifications for a development.
(4) 
Requirements for inspection of sewage line installation and submission of as-built plans.
(a) 
Prior to the covering of the installation of any of the internal sewage collection lines within a development, the Authority shall inspect and approve the installation of the said lines at the cost and expense of the applicant or developer. The Authority Engineer or his designee shall be present at all times during the laying and installation of sewer lines.
(b) 
Additionally, the applicant or developer shall submit to the Authority an as-built set of plans and specifications for the said internal sewage collection lines within three months of construction of said lines.
(c) 
Such as-built plans shall include the surveyed location of visible portions of the installed system, with the signature and professional seal of the Pennsylvania licensed surveyor responsible for the plan, and the notarized signature of the contractor(s) responsible for the installation of the system, certifying the plan, and stating that the information shown on the plan was installed by the contractor(s) in accordance with the plans and specifications approved by the Authority.
(5) 
No connections without Authority inspection of actual connection. Prior to the physical connection of any lot or structure within a development, the proposed actual connection must be inspected and approved by the Authority Engineer, or his designee, subsequent to payment in advance of the costs and expenses of such inspection pursuant to a fee schedule approved by the Authority.
E. 
Authority's optional right to repurchase permits. The Authority may, if requested by the owner(s), repurchase the connection permit(s), at its option, for the same price paid by the original owner(s), subject to a 15% administrative deduction. In the event of such a repurchase, the Township shall file an appropriate Act 537 Plan amendment with the Pennsylvania Department of Environmental Protection, and the owner(s) consent to join in and execute the same, to eliminate any reference to such connection permits for the subject property, and to eliminate any planning approval for the said property which is contingent upon the availability of the said connection permit(s).
F. 
Contracts for engineering professional services. An applicant who has submitted a subdivision and/or land development plan shall complete and submit to the Authority a contract for engineering professional services and pay a deposit for the required review fees upon submission of a plan to the Township.