[Adopted 7-20-1998 by Ord. No. 706]
After the installation of any manhole incident
to the construction of a sanitary sewer line within the corporate
limits of the Township of Penn, the aforesaid manhole(s) shall not
be elevated except as hereinafter provided:
A.
In the event that a person, individual, corporation,
partnership or other entity desires a manhole owned or maintained
by the Authority to be elevated, raised or altered in any way, said
person, individual, corporation, partnership or other entity shall
make a written request to the Authority.
B.
Upon receipt of said written request, the Authority
shall, within five days of receipt of said request, acknowledge, in
writing, receipt of said request and either grant or deny permission
for the elevation or alteration of said manhole or manholes. The cost
of elevating said manhole shall be borne by the person, individual,
corporation, partnership or other entity by whom the request has been
made. The elevation of said manhole or manholes shall only be accomplished
by employees, agents, servants or workmen of the Authority. In order
to assure the payment for cost of elevating said manhole, the person,
individual, corporation, partnership or other entity requesting the
elevation of said manhole shall deposit with the Authority a sum of
$500 for each manhole which has been requested to be elevated. Said
deposit shall be made with the Secretary of the Authority, and no
work shall be performed until said money has been deposited with the
Secretary of the Authority. The Authority shall then proceed to perform
the work of elevating said manhole or manholes and shall charge the
cost of said manhole elevation against elevation, shall include the
cost of materials necessary to perform the work requested and shall
further include the hourly rate paid by the Authority to its employees,
which shall include the hourly rate paid by the Authority to its employees,
all taxes that the Authority pays with respect to said hourly rate,
a pro-rata share on an hourly basis of all benefits paid by the Authority
to its personnel. In the event that the cost of elevating said manhole
or manholes is in excess of the amount deposited, the applicant shall
deposit with the Authority sufficient sums of money to reimburse the
Authority for its cost of performing said work. In the event that
the cost of elevating said manhole is less than the sum deposited,
the balance shall be returned to the applicant upon completion of
the elevation of said manhole or manholes. The Authority shall provide
to the applicant an itemized breakdown of all costs incurred by the
Authority for the completion of said work.
C.
In the event a developer or person, individual, corporation,
partnership or other entity shall have constructed a sanitary sewer
line and manhole or manholes which have not yet been accepted by the
Authority and it is required that a manhole be elevated, the elevation
of said manhole shall be performed by the developer or individual,
pursuant to the then existing Authority construction specifications.
In said event, the applicant shall provide to the Authority the appropriate
construction drawings indicating the nature and extent of the elevation
of said manhole and the applicant shall deposit with the Authority
the sum of $250, per manhole, as an inspection fee, which fee shall
be paid to the Authority to reimburse the Authority the cost of inspecting
the work to be performed. In the event that the cost of inspection
is in excess of the sum deposited, the applicant shall pay to the
Authority, within five days of receipt of the bill for the charges
incurred, the balance due and owing. In the event that the cost of
inspection is less than the amount deposited, the township shall refund
to the applicant the excess sums of money held by the Authority.
No person, individual, corporation, partnership
or other entity may cover a manhole located within the corporate limits
of the Township of Penn with either dirt or any other material or
substance.
Sanitary sewer rights-of-way dedicated to the
Authority shall be encumbered as hereinafter set forth:
A.
No structure shall be constructed or installed within
the limits of the sanitary sewer right-of-way. This shall include
but not be limited to garages, utility sheds, dog houses, etc.
B.
Fences may be installed in said right-of-way subject
to the right of the Authority to at any time remove the fence to perform
maintenance, repair or replacement of the sanitary sewer line located
within said right-of-way. It shall be the responsibility of the property
owner to reinstall the fence that has been installed at the property
owner's own expense, and the Authority shall not have any obligation
with respect to the repair, replacement or maintenance of any fence
so installed.
C.
In the event that flowers or small shrubs are planted
on the right-of-way, the Authority may, at any time, enter upon said
right-of-way for the performance of maintenance, repair or replacement
of said sanitary sewer line without obligation to the property owner
for the loss, repair or replacement of said flowers or small shrubs.
D.
In the event that there are trees or shrubs located
within said right-of-way which in the opinion of the Authority or
its designated representative are causing or contributing to the blockage
of the sanitary sewer line located therein, or that any tree, shrub
or structure is any way affecting the right of the Authority to maintain,
repair or replace said line, the property owner shall, within five
days after receiving written notice from the Authority, remove said
trees or shrubs from said right-of-way at his sole cost and expense.
In the event that the property owner does not remove the same within
five days from the date of said notice, the Authority shall have the
right to enter upon said right-of-way and to remove the trees, large
shrubs or structure or structures from the sanitary sewer right-of-way.
In the event that the Authority is required to remove the trees, large
shrubs or structure or structures as hereinbefore set forth, the cost
of removal of the same shall be borne by the property owner. The Authority
shall be reimbursed by the property owner the cost of said removal
of said trees, large shrubs or structure or structures, and, in the
event that the property owner does not pay the cost of the same within
30 days after written notice given to the property owner by the Authority,
the Authority shall have the right to lien said property pursuant
to the Municipal Lien Law of the Commonwealth of Pennsylvania.[1] The removal of trees, large shrubs or structure or structures
by the Authority as aforesaid shall not, in any way, obligate the
Authority to repair, replace or reimburse the property owner for the
cost of said trees, large shrubs or structure or structures, and no
damages shall inure to the benefit of the property owner by reason
of the action of the Authority.
[1]
Editor's Note: See 53 P.S. § 7101
et seq.
The Authority shall have the right to enter
upon any property serviced by a sanitary sewer line and have the right
to inspect all lateral sanitary sewer line connections within the
corporate limits of the Township of Penn. Said right of entry shall
be to determine whether or not said lateral sewer lines are the cause
of either infiltration or inflow into the sanitary sewer lines of
the Authority. The Authority's right to inspect said sanitary sewer
lines shall include, but not be limited to, the right to dye test
said lateral lines; air test said lateral lines; smoke test said lateral
lines; inspect surface drains and lines to determine whether or not
the same are connected into or intersect with said lateral lines;
or the use of a portable television camera or any other means as deemed
necessary by the Authority. In the event that the township finds that
said lateral sewer lines are either malfunctioning or defective and
are allowing infiltration or inflow into the sanitary sewer lines
of the Authority; or said lateral sewer lines are connected to facilities
which allow or otherwise are involved with sources of nonpermissible
materials which are entering into the lateral sewer lines, the property
owner shall repair or replace said defective lateral within 30 days
of receipt of written notice from the Authority. In the event that
the property owner fails or refuses to perform the necessary repair
and/or replacement of said lateral sewer lines, the Authority shall
have the right to enter upon said property for the purpose of repairing
or replacing said lateral sewer line. In the event that the Authority
is required to repair or replace said lateral sewer line, the cost
of said repair or replacement shall be borne by the property owner,
and the Authority shall be reimbursed said costs. In the event that
the property owner fails or refuses to reimburse said costs within
30 days of written notice by the Authority, the Authority shall have
the right to lien said property pursuant to the Municipal Lien Law
of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 53 P.S. § 7101
et seq.
A.
In the event that an existing on-site sewage disposal
system is abandoned and the use thereof discontinued by reason of
the construction of a sanitary sewer line to service the property,
the existing on-site septic tank shall be pumped by a certified sewage
disposal hauler so that the contents thereof shall be removed. Further,
the lid or top to the septic tank shall be removed and the entire
septic tank filled with either sand, gravel or other appropriate granular
material as may be approved and deemed appropriate by the Authority.
B.
The removal of the existing sewage waste from the
then existing on-site sewage disposal system and the removal of the
lid or top to said septic tank and the filling of said septic tank
shall occur within 30 days of the discontinuance of the use of said
septic tank.
An inspection fee of $150 will be paid to the
Authority for any inspection services rendered by township personnel
for any lateral repair, replacement, alteration, reconnection or any
other service rendered by the Authority.
Any person, individual, corporation, partnership
or other entity who or which shall violate any section of this article
shall, upon conviction thereof before any District Justice, be sentenced
to pay a fine of not more than $1,000 for each and every offense and
costs.
For the purpose of this article the Township
of Penn hereby delegates and authorizes the Authority to act as its
designated agent for the purpose of enforcing the provisions of this
article.
