[Adopted 11-15-2004 by Ord. No. 447]
The following words, terms and phrases, as used
in this article, shall have the following meanings given herein. When
not inconsistent with the context, words used in the singular include
the plural, words in the plural include the singular, and words used
in the present tense include the future. The word "shall" is always
mandatory.
The 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. §§ 750.1-750.20a ("Sewage
Facilities Act" or "Act 537").
An Authority, as defined by the Municipality Authorities
Act of 2001 (2001, June 19, P.L. 287, No. 22, and as amended thereafter,
53 Pa. C.S.A. § 5601 et seq.)
The Pennsylvania Department of Environmental Protection.
Any electric-motor-driven, submersible, centrifugal 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.
Any property within the 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 sewage
shall or may be discharged.
The Board of Supervisors of Upper Providence Township, Montgomery
County, Pennsylvania.
The Upper Providence Township Municipal Authority.
A change in the Township's 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.
Any person or entity vested with ownership, legal or equitable,
sole or partial, of any property located in the 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. §§ 691.1-691.1001,
as amended.
The connection of existing properties or proposed
new land development 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 Township's
Act 537 Plan, approved by both the Township and the Department, designates
that the proposed properties be served by such a connection.
The Township is authorized and empowered to
adopt such rules and regulations concerning sewage which it may deem
necessary from time to time to effect the purposes herein. The Township
is authorized and empowered to take such other actions as are necessary,
including without limitation entering into agreements with property
owners that assure proper operation and maintenance of sewage facilities
within the Township's boundaries, including without limitation sewage
grinder pumps and any associated force mains or low-pressure laterals.
A.
The 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 Township may enter into an agreement with each
property owner proposing to install or who has installed 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.
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 Township.
D.
All grinder pumps and low-pressure sewer systems shall
be connected to the sewage collection and conveyance system in full
compliance with the rules and regulations of the Township and the
Municipal Authority.
E.
The Township shall maintain control over the type
of grinder pumps used and assure that full service capability is available
locally on short notice.
F.
The Township shall bear no responsibility whatsoever
for the purchase, installation, use, operation, maintenance, service,
repair or replacement of the grinder pump and/or its low-pressure
force main or lateral, or any of their component parts, 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 or her grinder
pump and/or its low-pressure force main or lateral, unless otherwise
set forth herein.
B.
Each property owner served by a grinder pump shall
have full responsibility for using the pump consistent with the manufacturer's
instructions and shall avoid introducing into the sewerage system
materials that may damage the impellers on the pump, including without
limitation items designated as biodegradable in septic tanks.
C.
Each property owner served by a grinder pump shall
close the sewage system and cease operations during any period when
the grinder pump and/or low-pressure system serving a property is
inoperable for more than one day.
D.
Where the low-pressure force main or lateral is shared
between property owners, they shall submit to the 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 system, which agreement shall
bind all future property owners. Following the approval of the low-pressure
system by all applicable governmental entities, the Township will
not issue a permit for its installation until evidence is presented
that such agreement has been recorded in the Office of the Recorder
of Deeds in and for Montgomery County, Pennsylvania.
All such rules and regulations adopted by the
Township to effectuate this article shall be in conformity with the
provisions hereof and all other ordinances of the Township and all
applicable laws and applicable rules and regulations of the administrative
agencies of the Commonwealth of Pennsylvania.