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Township of Whitemarsh, PA
Montgomery County
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Table of Contents
Table of Contents
[Adopted 4-21-1958 by Ord. No. 119]
As used in this article, the following terms shall have the meanings indicated:
AUTHORITY
The Whitemarsh Township Authority, as presently or hereafter constituted, which has been created by the Board of Township Supervisors and to which has been referred by the Board of Township Supervisors the specific project, inter alia, of sewers.
OCCUPIED BUILDING
Any structure erected within 150 feet of the sewer system and which is intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage and industrial waste, or either thereof, is or may be discharged.
PERSON
Individuals or natural persons, or artificial persons existing only in contemplation of law, and shall be construed to include associations, partnerships, limited partnerships, joint-stock companies and corporations.
PROPERTY
Real estate which adjoins, abuts on or is adjacent to the sewer system.
SEWAGE
The normal water-carried household and toilet wastes from residences, business buildings, institutions and industrial establishments.
SEWER DISTRICT
Township Sewer Districts No. 1 and 1B as designated, created and laid out hereinafter in § 95-2 of this article.
[Amended 5-11-1978 by Ord. No. 344]
SEWER SYSTEM
The sanitary sewer collection system and sewage treatment plant together with appurtenant facilities constructed in and for Sewer District No. 1 in the Township of Whitemarsh, and any improvements, additions or extensions that hereafter may be made thereto by the Authority or the Township or to any part or parts of any or all thereof.
TOWNSHIP
The Township of Whitemarsh, Montgomery County, Pennsylvania, or the duly constituted and elected municipal authorities thereof.
A. 
There is hereby designated and created in the Township of Whitemarsh a sewer district, to be known as "Township Sewer District No. 1," bounded and described as follows:
Beginning at the Township line at its intersection with the Schuylkill River, and extending over and along its various courses and distances in a general northeasterly direction to its intersection with Twelfth Avenue; thence through the center of Twelfth Avenue in a general northward direction by its various courses and distances to the north side of County Road; thence over and along the north side of County Road in a general northeasterly direction by its various courses and distances to its intersection with Flourtown Road (L. R. 46087); thence through the center of Flourtown Road and in a general southeasterly direction by its various courses and distances to the intersection with Joshua Road (L. R. 46102); thence through the center of Joshua Road and in a general northeasterly direction by its various courses and distances to a point 300 feet northeast of the Flourtown Road; thence in a general southeasterly direction paralleling the various courses and distances of Flourtown Road to a point 300 feet southeast of Thomas Road; thence in a general southwesterly direction paralleling the various courses and distances of Thomas Road to its intersection with the Township boundary; thence in a general southeasterly direction on the various courses and distances of said Township boundary to a point 300 feet south of Barren Hill Road (L. R. 46103); thence in a general easterly direction paralleling the various courses and distances of Barren Hill Road to the intersection of the Township boundary at the Schuylkill River; thence on said Township boundary in a general easterly direction by its various courses and distances to the point of beginning.
B. 
There is further designated and created in the Township of Whitemarsh a sewer district, to be known as "Township Sewer District No. 1B," bounded and described as follows:
[Added 5-11-1978 by Ord. No. 344]
Beginning at Flourtown Road (L. R. 46087); thence over and along the north side of County Road (Butler Pike) to its intersection with Township Line Road (including Pumping Station No. 5-A); thence in a general southeasterly direction by its various courses and distances to its intersection with Militia Hill Road (L. R. 46088); thence in a general southwesterly direction by its various courses and distances to the intersection of Flourtown Road and Penn Central Railroad (Trenton cutoff); thence in a general northwesterly direction over and along the center line of Flourtown Road (L. R. 46087) to its intersection with County Road (Butler Pike)
The sewer district is hereby included in and designated as the initial sewer service area of the Authority, and the Authority is authorized and directed to construct the sewer system for and in the sewer district.
After the completion of the construction of sewers within the sewer district, it shall be unlawful for any person owning any occupied building on property accessible to the sewer system to erect, construct or use or maintain or cause to be erected, constructed, used or maintained any privy, cesspool, sinkhole, septic tank or other receptacle on such property or elsewhere for receiving sewage. After such completion, any person who erects, constructs or maintains a privy, cesspool, sinkhole or septic tank or other receptacle for receiving sewage on or from any property accessible to the sewer system in violation of this article shall be deemed and shall be declared to be erecting, constructing and maintaining a nuisance, which nuisance the Township is hereby authorized and directed to abate in the manner provided by law.
Whenever the sewer system is completed and ready for public use, it shall be the duty of the Township to cause notice of the fact to be given by advertisement published once in one newspaper of general circulation in the Township, and such advertisement shall state that the sewers may be used by all persons owning occupied buildings on property accessible to the sewer system, subject to the payment of any connection charges and of annual sewer rentals in amounts as may from time to time be fixed by the Township.
A. 
All persons owning any occupied building now erected upon property accessible to the sewer system shall at their own expense make a connection with the said sewers within 60 days after the date of publication specified in § 95-5 and in the manner set forth in the rules, regulations, terms and conditions of such connections and the use of the sewers from time to time adopted by the Authority or the Township.
B. 
All persons owning any property accessible to the sewer system upon which an occupied building is hereinafter erected shall, at the time of the erection of such building and at their own expense, make the connection with such sewers.
C. 
All persons owning any occupied building upon a premises which hereafter becomes accessible to the sewer system shall, at their own expense, make the connection with such sewers within 60 days after notice to do so from the Township.
D. 
All persons acquiring title to any occupied building now erected upon property accessible to the sewer system shall at their own expense, upon acquisition of title to such property, connect to the sewer system in accordance with the terms of this section within 60 days after notice to such owner.
[Added 9-10-2015 by Ord. No. 957]
E. 
All persons acquiring title to any property accessible to the sewer system upon which an occupied building is hereinafter erected shall, at the time of erection of said building and at their own expense, connect to the sewer system in accordance with the terms of this section within 60 days after notice to such owner.
[Added 9-10-2015 by Ord. No. 957]
After the expiration of the particular periods specified in § 95-6 of this article, if any owner of an occupied building on property accessible to the sewer system shall have failed to connect such property with the sewer system as required by said § 95-6, the Township shall cause to be served, either by personal service or by registered United States mail, on the owner of such property so failing to connect to said sewer system, and also upon the occupants of the building in question, a copy of this article and a written or printed notice requiring such connection to be made, and such notice shall further state that its requirements shall be complied with within 60 days from the date thereof.
The Township hereby grants to the Authority all and every easement, right-of-way and other rights necessary or desirable on, over or under the streets within the sewer district for the purpose of constructing sewers therein.
The provisions of Ordinance No. 36, known as the "Whitemarsh Township Plumbing Code," adopted November 9, 1951, and the regulations adopted thereunder and the amendments to the ordinance and regulations are incorporated herein by reference and to the same effect as if they were set out in full herein.[1]
[1]
Editor's Note: Ordinance No. 36 was superseded 3-12-1964 by 0rd. No. 170, which was superseded November 1972 by Ord. No. 271, which was repealed 7-16-1981 by Ord. No. 417, which adopts the BOCA Basic Building Code, Eighth Edition, 1981.