[Adopted 4-21-1958 by Ord. No. 119]
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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.
Real estate which adjoins, abuts on or is adjacent to the
sewer system.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and industrial establishments.
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]
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.
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.
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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)
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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.