[Adopted 1-21-1986 as Ch. 18, Part 1, of the 1986 Code]
For the purpose of constructing, extending,
installing, maintaining, safeguarding, or repairing its sewer facilities,
the Upper Southampton Sewer Authority is authorized to enter in, under
and upon any and all streets or other ways within this Township now
or hereafter in public use; subject, however, to the following conditions:
A.
That the Authority shall comply with such reasonable
rules and regulations as the Board of Supervisors may from time to
time prescribe and shall cause as little inconvenience to the public
in the use of such streets and ways as may be reasonably possible.
B.
That upon completion of any work in, under and upon
such streets and ways, the Authority shall restore the excavated areas
as nearly as may be to the condition prevailing before the commencement
of the work.
C.
That the Authority shall be responsible for and indemnify
the Township and its Board of Supervisors against all loss and expense
by reason of injury to persons or damage to property resulting from
the operations of the Authority or the maintenance of its facilities,
in, under or upon such streets and ways, and upon request of the Board
of Supervisors shall obtain policies of insurance in reasonable amounts
covering such risks.
The Township of Upper Southampton hereby releases
and confirms to Upper Southampton Sewer Authority all right, title
and interest which the Township has or may have in and to all sewer
lines, connections and facilities in, under and upon the streets and
ways now or hereafter in public use within the Township.
As used herein, the following terms shall have
the meanings stated:
The Upper Southampton Sewer Authority or any successor thereto.
Each structure for continuous or periodic human occupancy
or for industrial activity from which sanitary sewage or industrial
waste is or may be discharged, and includes, without limiting the
generality of the foregoing, dwellings, flats, apartments, stores,
shops, offices and business or industrial establishments.
A sewer for the carrying of sanitary sewage or industrial
waste from a building to the point of connection with a public sewer.
The waste product discharged from any establishment resulting
from the manufacture, processing, cleaning, laundering or assembly
of any product, commodity or article.
Any individual, firm, company, association, society, partnership
or corporation.
Facilities owned by the Authority for the collection of sanitary
sewage and industrial wastes within this Township.
The normal water-carried household and toilet wastes resulting
from human occupancy.
When any public sewer is ready for use the Authority
shall cause notice of that fact to be published once in a newspaper
of general circulation in the Township, such notice to state that
owners of property accessible to such sewer and whose principal buildings
are within 150 feet therefrom are compelled to make connection therewith
pursuant to this article. A copy of such notice, together with a copy
of this article and any ordinance or any resolution of the Authority
then in effect imposing sewer tapping fees or sewer rents and any
rules and regulations relating to public sewers shall be mailed to
each person known to the Authority to own property accessible to such
sewer, but failure to mail such copies or defect in the mailed copies
or in the mailing thereof shall not affect the validity of the notice.
A.
Any person owning property accessible to a public sewer on which there is a building (or principal building if there be more than one) within 150 feet from such sewer shall, at his expense, install sanitary facilities and, if industrial waste is discharged from such building, industrial waste-carrying facilities in such building and connect the same to the public sewer within 60 days after publication of the notice specified in § 142-4.
B.
Any person owning property accessible to a public
sewer on which a building is hereafter erected within 150 feet therefrom
shall, at the time of erection and at his expense, install sanitary
facilities and, if industrial waste will be discharged from such building,
industrial waste-carrying facilities in such building and connect
the same to the public sewer.
C.
Any person owning property accessible to a public
sewer on which there is a building more than 150 feet from such sewer
and any person owning property not accessible to a public sewer who
is nevertheless able to arrange for connection thereto through intermediate
property may, upon suitable application and at his expense, be permitted
to make such connection.
[Amended 12-15-1987 by Ord. No. 251]
It shall be unlawful for any person owning or occupying a property on which there is a building required to be connected to a public sewer under the provisions of § 142-5 hereof to construct or use on such property any privy, cesspool, septic tank or other device for the disposal of sanitary sewage or industrial waste. Any such privy, cesspool, septic tank or other device constructed or used in violation hereof is hereby declared to be a nuisance which shall be abated as provided by law. When a property is connected to a public sewer, immediately and therefore, any septic tanks, cesspools, holding tanks and similar devices on the property connected to an individual on-site sewage system shall be abandoned by the owner and/or occupier of the property and filled with clean three-quarter-inch stone, sand or similar material.
If any person required to make a connection
to a public sewer by § 105 hereof fails to do so after reasonable
notice and opportunity, the Authority shall report such failure to
the Board of Township Supervisors, who may proceed as permitted by
law to enter upon the property (or authorize the Authority to do so
as Agent of the Supervisors), make such connection and collect the
cost thereof by municipal lien or otherwise.
Any person violating any provision of this article
shall be served with written notice stating the nature of the violation
and prescribing a time limit of not more than 10 days for the correction
thereof. Any person continuing such a violation beyond such time limit
shall be subject to fine as hereinafter provided. Each separate building
or dwelling unit in respect of which a violation occurs and each ninety-day
period during which a violation continues beyond the reasonable time
limit afforded for the correction thereof shall be deemed a separate
offense.
A.
No building sewer shall be constructed except upon
permit issued pursuant to the Township Sanitation Code.
B.
All building sewers shall be constructed in compliance
with the standards prescribed by the Township Sanitation Code in effect
at the time construction thereof is commenced.
C.
Each application for a permit to construct a building
sewer shall be accompanied by such information and drawings as the
Township or Authority shall require; and by the applicant's agreement
to indemnify the Township and the Authority against any loss or damage
that may directly or indirectly be occasioned by the installation
of the building sewer.
D.
The Township shall be allowed to inspect the work at any stage of construction and, in any event before any underground portions of the work shall be covered, the applicant shall notify the Township when the work is ready for final inspection. The Township shall inspect within 48 hours of its receipt of notice. Contemporaneously with such notification the applicant shall notify the Township of his readiness to make connection with the public sewer and pay the Township the requisite connection fee referred to in Subsection E hereof. The Township shall supervise the work of connecting as it is made by or on behalf of the applicant and shall do so without delaying the progress of the work.
F.
The connection fee for sewer service to any Garden Apartment Development under construction or to be constructed hereafter in the Township of Upper Southampton is hereby established at the sum of $75 for each dwelling unit in such Garden Apartment Development, which sum shall be in addition to and exclusive of the connection fees presently in effect for connections other than residential connections under Subsection E of this article.
Any person required by this article to connect
to a public sewer shall also be required to pretreat or regulate the
flow of any sanitary sewage or industrial waste which fails to meet
the minimum sewage acceptability standards prescribed by the Sanitation
Code in effect at the time discharge is made into the sewer; provided,
however, that the Authority may prescribe standards for pretreatment,
may prescribe more stringent acceptability standards and may contract
for accepting industrial waste in special cases.
Any person required by this article to connect
to a public sewer shall permit authorized employees of the Township
or the Authority to enter upon his property at reasonable times to
inspect building sewers, sanitary sewage or industrial waste-carrying
facilities or pretreatment facilities or to measure and test sanitary
sewage or industrial waste being discharged into public sewers.
From and after the passage of this article,
it shall be unlawful for any person to maliciously break, injure,
destroy, deface or damage, or interfere with, or derange or displace,
any part of any building, structure, pipe, valve, hydrant, line, manhole,
manhole cover, tank, pump, or any appurtenant part or portion of any
public water system or public sewer systemic the Township of Upper
Southampton.
[Amended 6-7-1988 by Ord. No. 256; 6-19-2012 by Ord. No.
414]
Any violation of this article shall be enforced
by action brought before a District Justice in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure. Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 and/or to imprisonment for a
term not to exceed 10 days. Each day that a violation of this article
continues, or each section of this article which shall be found to
have been violated, shall constitute a separate offense. For purposes
of this section, the doing of any act or thing prohibited by any provision
of this article, or the failure to do any act or thing as to which
any provision of this article creates an affirmative duty, shall constitute
a violation of this article punishable as herein stated.
