Township of Rochester, PA
Beaver 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 Commissioners of the Township of Rochester as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Rochester Township Sewer Authority — See Ch. 7, Art. I.

Building construction — See Ch. 53.

International construction codes — See Ch. 60.

Grading, excavation and fill — See Ch. 81.

Street openings — See Ch. 138, Art. I.

Subdivision and land development — See Ch. 141.

ARTICLE I
Connections and Charges (§ 118-1 — § 118-4) 

ARTICLE II
Discharges to Sanitary Sewer; Testing and Inspection (§ 118-5 — § 118-14) 

[Adopted 6-18-1985 by Ord. No. 309 as Art. 929 of the 1985 Codified Ordinances]

§ 118-1
Sewer connection required. 

§ 118-2
Cleaning and filling of privies, septic tanks or similar receptacles. 

§ 118-3
Bills for sewer service. 

§ 118-4
Violations and penalties. 

§ 118-1 Sewer connection required.

Editor's Note: Former Sec. 929.01, Authority, which immediately preceded this section, was repealed 7-19-2001 by Ord. No. 388.
A. 

Every owner of property in the Township whose property is within 400 feet of any public sanitary sewer presently constructed or to be constructed in the future shall connect, at his/her own cost, the building, buildings or other structures located on such property with the aforementioned sanitary sewers for the purpose of disposing of all sanitary sewage as is customarily disposed of in such a system of sanitary sewers.

[Amended 7-19-2001 by Ord. No. 388]

B. 

No owner, lessee or occupier of any property in the Township abutting on any line of the sanitary sewer system shall employ any means, either by septic tank, cesspool, privy tank, mine hole or otherwise, for the disposal of sanitary sewage, other than into and through the public sanitary sewers.

C. 

Where any structure in the Township is now or hereafter may be using any method for the disposal of sanitary sewage other than through such public sanitary sewers, the Township Secretary or other person authorized by the Township Commissioners shall notify the owner, lessee or occupier of such structure in writing, either by personal service, certified mail or registered mail, to disconnect the same and make proper connections for the discharge and disposal of the sewage through the public sanitary sewers as herein provided, within 60 days after receipt of such notice; provided, however, notwithstanding anything herein contained to the contrary, that no owner, lessee or occupier of such structure shall be required to make a connection where his/her sewage would not by natural gravity flow into the public sanitary sewers.

D. 

No privy vault, cesspool, septic tank, mine hole or similar receptacle for human excrement shall at any time, now or hereafter, be connected with the aforesaid public sanitary sewers.

E. 

No person, firm or corporation connected to the aforementioned public sanitary sewers shall connect any roof drain thereto or permit any roof drain to remain connected thereto or shall permit, allow or cause to enter into such public sanitary sewers any stormwater, foundation drain water, surface water or any sewage from any property other than that for which a permit was issued.

F. 

No person, firm or corporation shall make or cause to be made any connection with any of the aforementioned public sanitary sewers until he, she or it has fulfilled all of the following conditions:

(1) 

The person, firm or corporation shall make application to the Township upon a permit form to be formulated and supplied by the Township or its agent for permission to connect to the aforementioned public sanitary sewers. Among other things, the applicant must state the character and use of each structure located upon the property.

(2) 

The person, firm or corporation shall pay a tap or connection charge in such amount as established by the Township for each dwelling or family unit or other structure connected to the sewer system to the Township or its designated agent at the time of making application for permission to make a connection.

(3) 

No work shall commence before the payment of the tap charge and issuance of the aforementioned connection permit.

(4) 

The person, firm or corporation shall give the designated inspector of the Township at least 24 hours' notice of the time when connection shall be made, in order that the inspector can be present to inspect and approve the work of connection. The inspector shall signify his/her approval of the connection by endorsing his/her name and the date of approval on the aforementioned connection permit in the possession of the permittee.

(5) 

At the time of inspection of the connection, the owner or owners of properties shall permit the inspector full and complete access to all sanitary and drainage arrangements and facilities in each building and in and about all parts of the property. No building sewer line shall be covered over, or in any manner concealed, until after it is inspected and approved by the inspector.

G. 

The construction of all building sewer lines or house service sewers shall be done in accordance with the specifications, plans and procedures established by the Township or the Township Sewer Authority, as the same may be from time to time published and amended, copies of which will be on file with the Township Secretary.

H. 

If the owner or owners of any occupied building or buildings in the Township neglect or refuse to comply with the provisions of this section or the written notice as prescribed in Subsection C hereof, the Township may perform or cause to be performed such work and labor and furnish or cause to be furnished such material as may be necessary to comply with the provisions of this section at the cost and expense of such owner or owners together with 10% additional thereof, and all charges and expenses incident thereto, which sum shall be collected from such owner or owners for the use of the Township as debts are by law collectible, or the Township may, by its proper officer, file a municipal claim or lien therefor against the premises as provided by law.

§ 118-2 Cleaning and filling of privies, septic tanks or similar receptacles.

[Amended 7-19-2001 by Ord. No. 388]

No privy vault, cesspool, septic tank or similar receptacle for human excrement shall hereafter be maintained upon any premises from which connection with any of the Township sewers has been made. Every such privy vault, cesspool, septic tank or other receptacle shall, within 30 days after final enactment of this article in the case of premises now connected with a sewer and within 30 days after connection with a sewer in the case of premises hereafter so connected, be abandoned, cleaned and filled under the direction and supervision of the Township Sewer Authority. Any such privy vault, cesspool, septic tank or other receptacle not abandoned, cleaned and filled as required by this section shall constitute a nuisance and may be abated on order of the Township as provided by law, at the expense of the owner of such property.

§ 118-3 Bills for sewer service.

[Amended 7-19-2001 by Ord. No. 388]

Bills for sewer service shall be rendered by and in the manner and in the form prescribed by the Township Sewer Authority. All bills for sewer service shall be rendered to the owner of the premises to which sewer service is furnished, and such owner shall in all cases be liable for payment of such bills.

§ 118-4 Violations and penalties.

[Amended 7-19-2001 by Ord. No. 388]

Whoever violates any provision of this article shall be fined not more than $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, imprisoned for a term not exceeding 30 days.

[Adopted 8-19-2004 by Ord. No. 408
Editor's Note: This ordinance also superseded former Art. II, Discharges to Sanitary Sewer, adopted 4-10-1996 by Ord. No. 358, as amended.
]

§ 118-5
Certain connections prohibited. 

§ 118-6
Prohibited acts. 

§ 118-7
Smoke and/or dye tests; inspections. 

§ 118-8
Submission to testing required. 

§ 118-9
Discovery of illegal connections; remedial work. 

§ 118-10
Remediation; written plan; site inspection; prohibited discharges; certificate of compliance. 

§ 118-11
Presale inspection of real estate required. 

§ 118-12
Promulgation of rules and regulations. 

§ 118-13
Violations and penalties. 

§ 118-14
Each calendar day as separate violation. 

§ 118-5 Certain connections prohibited.

From and after the effective date of this article, no person, firm, corporation, property owner, lessee, occupier, developer or contractor shall connect, or cause or permit to be connected to the public sanitary sewers located within the Township of Rochester any rain leader, downspout, gutter, parking lot drain, driveway drain, interior or exterior sump, french drain, swimming pool drain, spring or other source or device capable of carrying surface water, rain water, stormwater or groundwater into the public sanitary sewers.

§ 118-6 Prohibited acts.

A. 

Certain discharges prohibited. From and after the effective date of this article, no person, firm, corporation, real property owner, lessee, occupier, developer or contractor shall cause or permit the discharge of surface water, rainwater, stormwater or groundwater into the public sanitary sewers within the Township.

B. 

Affirmative duty. From and after the effective date of this article, it shall be the affirmative duty of every real property owner to repair and maintain in water-tight condition all sanitary sewer laterals from private structures located upon the owner's real property to the public sanitary sewer located in the Township's right-of-way.

§ 118-7 Smoke and/or dye tests; inspections.

A. 

Smoke and/or dye tests authorized. The proper officers, employees or agents of the Township, as appointed or hired by the Township from time to time, are hereby authorized and directed to conduct periodic smoke and/or dye tests and such other appropriate inspections, at public cost, of all existing structures located in Rochester Township and all structures located in adjacent municipalities with whom the Township has a reciprocal inspection agreement and whose sewer drains are known or reasonably suspected to be connected to the public sanitary sewers within the Township. Upon prior written notice to the owner and occupant, such appropriate other inspections may include an inspection and dye testing of plumbing fixtures and traps inside any structure in the Township.

B. 

Purpose of inspections. The purpose of the inspections shall be to determine if the structure is in compliance with this article and all regulations promulgated hereunder, and all other ordinances, laws and regulations pertaining to sewer systems and structures.

C. 

Written notice of inspection required. The Township, or its agents, shall give at least seven days' written notice of the inspection program and of the approximate date that the inspection shall be conducted.

D. 

Hours of inspection. All inspections shall be performed between the hours of 8:00 a.m., local time, and 5:00 p.m., local time, unless the owner or occupant of the structure requests another time for the convenience of the owner or occupant and the Township.

§ 118-8 Submission to testing required.

Every owner, lessee or occupier of land within Rochester Township shall submit to smoke and/or dye testing under this article.

§ 118-9 Discovery of illegal connections; remedial work.

A. 

Discovery of illegal stormwater or surface water connections. When illegal stormwater or surface water connections or conditions have been discovered, all necessary remedial work to correct such illegal connections shall be completed by the owner, lessee or occupier of the premises, weather permitting, within 180 days of the date the party receives notification of the illegal connection or condition. Notice shall be by regular mail, postage prepaid, addressed to the party at the property or at such other address for the party maintained in the Township records. Notice shall be deemed to have been received three days after mailing, unless returned by the Post Office.

B. 

Delay because of weather conditions. When weather conditions shall not reasonably permit either the commencement or the completion of the remedial work within 180 days of the notice of the violation, the Township may extend the time for commencing or completing the work for a period not to exceed an additional 180 days, provided that the owner, lessee or occupier of the premises submits to the Township:

(1) 

A written contract to complete the work from a qualified independent contractor; and

(2) 

A cashier's or certified check payable to the Township in a sum equal to 110% of cost of the work set forth in the contract, to be held by the Township as security for prompt and complete remediation once the weather permits; and

(3) 

A written license, on a form prepared by the Township, permitting the Township, or its authorized agents and employees, to enter upon the premises to complete the work if the owner, lessee or occupier fails to do so after reasonable notice.

C. 

Severe economic hardship. In the event that the necessary remedial work would create a severe economic hardship for the owner, lessee or occupier of the premises, application may be made to the Township for an extension of up to an additional 180 days to complete said work. A severe economic hardship shall occur when any person responsible for compliance with this article as to the particular premises has a level of income considered to be "low-moderate" under federal guidelines.

D. 

Completion of remedial work by the Township. In the event that the owner, lessee or occupier of the premises neglects, refuses or is unable to effect the necessary remedial work within the time permitted, including any extension, the Township may undertake to have the remedial work completed at the expense of the owner, lessee or occupier of the premises, and to require the necessary arrangements for the payment of the cost of such work by the owner, lessee or occupier of the premises upon an installment basis mutually satisfactory to the Township and the owner, lessee or occupier of the premises. Under such circumstances, the Township shall file a lien against such property pursuant to the Pennsylvania Municipal Claims Act, which lien shall remain in effect until payment in full.

§ 118-10 Remediation; written plan; site inspection; prohibited discharges; certificate of compliance.

A. 

Acceptable remediation of illegal connections. Acceptable remediation of an illegal connection to the Township's sanitary sewer system under this article shall mean that the illegal connection is to be disconnected from the public sanitary sewer system within the Township and access to the sewer at that location shall be permanently capped or sealed. Such source shall be discharged properly:

(1) 

To the storm sewer of the Township, if, in the opinion of the Township Engineer, such connection is reasonably feasible; or

(2) 

To the curb drain in the public streets of the Township, if, in the opinion of the Township Engineer, such connection is feasible; or

(3) 

To a surface outlet wholly upon the subject property; or

(4) 

If alternatives of Subsection A(1), (2) or (3) are not feasible in the opinion of the Township Engineer, then to a dry sump located wholly on the property. Such remediation shall be constructed in accordance with specifications prepared by the Township Engineer.

B. 

Written plan required. Prior to beginning remediation of an illegal connection, the owner, lessee or occupant shall prepare and file with the Township a written plan documenting the proposed remediation in accordance with all applicable laws and all rules and regulations promulgated thereunder, including a measurement of the surface area drained by each outlet to be remedied; a list of materials to be used; and the disposition of the water for each outlet. The plan shall be subject to review and approval by the Township prior to the commencement of any remedial work. Upon plan approval, the Township shall certify its approval upon the plans. A copy of the approved plans shall be kept on file with the Township. Upon rejection of the plan, the Township shall return the plan to the applicant and shall state the reason(s) for the rejection.

C. 

Site inspection required. Prior to covering any work to remediate an illegal connection under this article, the owner, lessee or occupant shall submit the site to inspection by the Township. The Township shall have the right to reject any work which does not conform to an approved plan or to any and all applicable laws and rules and regulations promulgated thereunder including, but not limited to, any rules and regulations adopted pursuant to this article. Rejected work shall be promptly removed by the owner, lessee or occupant and promptly replaced by conforming work.

D. 

Certain discharges of water prohibited. From and after the effective date of the article, it shall be unlawful for any owner, lessee or occupier, developer or contractor either directly or indirectly to permit water to be discharged upon or across any public or private sidewalk or discharged onto any adjacent property causing a safety hazard or public nuisance. Should the owner, lessee, occupier, developer or contractor fail to maintain the discharged water in a safe and lawful manner, following due notice from the Township to correct the problem within 30 days, the owner, lessee, occupier, developer or contractor shall be subject to all the penalties provided herein or all those provided under applicable law and shall be responsible for any costs incurred by the Township and/or the affected adjacent property owners to remediate the problem.

E. 

Certification of compliance. Upon completion of smoke or dye testing and the remediation of any illegal connections in accordance with an approved plan filed with the Township, the Township shall issue a certificate of compliance as to that property.

§ 118-11 Presale inspection of real estate required.

From and after the effective date of this article, its shall be unlawful for any person to sell real estate served by public sanitary sewers within the Township of Rochester on which a building or improvement exists, without first delivering to the purchaser a certificate of compliance as to that property from the proper Official of Rochester Township. A presale inspection of real estate for illegal sewer connections or faulty sanitary sewer laterals shall be performed by the Township, or its duly authorized agent. At a minimum, said inspections shall include a smoke and dye test. Any remediation of an illegal connection shall be completed in the manner set forth herein, including a filed plan, inspection by the Township and issuance of a final compliance certificate. The owner of real estate subject to a presale inspection shall pay for the cost of the inspection. The issuance of a presale certificate by the Township shall be a condition precedent to the issuance of a lien or tax certificate by the Township and the appropriate Township Officials are hereby prohibited from issuing a municipal no-lien letter unless the presale inspection is conducted. The Township shall fix the fee for the cost of the presale inspection and certificate from time to time by resolution. A certificate issued under § 118-10E of this article, or a presale certificate issued under this section, shall be valid in lieu of a presale inspection and certificate for a period of one year after issuance.

§ 118-12 Promulgation of rules and regulations.

The Township may from time to time promulgate, by resolution, reasonable rules and regulations pertaining to the operation and enforcement of this article, which may include, but are not limited to, establishing the form of applications and certificates, design criteria and specifications and minium standards for independent contractors.

§ 118-13 Violations and penalties.

Any person, firm or corporation who shall neglect or refuse to comply with, or who shall otherwise violate, any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not to exceed $600.

§ 118-14 Each calendar day as separate violation.

Every calendar day after the owner, lessee or occupier of premises has received written notice of the violation shall constitute a separate violation of this article.