[Adopted 11-1-2000 by Ord. No. 124-00]
This article shall be known as "The Jackson Township Capped Sewer Ordinance."
The purpose of this article is to establish procedures for requiring the installation of capped sewers as hereinafter more fully described, and it is hereby directed that the enactment of this article is necessary for the protection, benefit, and preservation of the health, safety and welfare of the inhabitants of this municipality.
A. 
For the purpose of this article, words and terms used herein shall be interpreted as follows:
AUTHORITY
The Jackson Township Sewer Authority, a Pennsylvania municipality authority.
LAND DEVELOPMENT
(1) 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving;
(a) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(b) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
(2) 
A subdivision.
(3) 
Development in accordance with § 503(1.1) of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended.[1]
LOT
Shall also be considered to mean "plot" or "parcel."
PERSON
Any individual, partnership, company, association, society, trust, corporation or other group or entity, public or private.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development.
SUFFICIENT CAPACITY
That the sewer system is or will be physically capable of conveying both the existing and projected sewage flows, and furthermore, that the treatment plant has a permitted capacity (as defined by the Pennsylvania Department of Environmental Protection) to be capable of accepting and treating both the existing and projected sewage flows.
TOWNSHIP
Jackson Township, York County, Pennsylvania.
[1]
Editor's Note: See 53 P.S. § 10503(1.1).
B. 
Word usage.
(1) 
The word "used" and the word "occupied" as applied to any land or building shall be construed to include the phrase "intended, or designed to be occupied."
(2) 
The singular shall include the plural.
(3) 
Words or phrases used in the present tense shall include the future.
(4) 
The masculine shall include the feminine and neuter.
(5) 
Any word or phrase not defined herein shall be defined in accordance with standard usage and understanding.
A. 
If Jackson Township determines that a proposed subdivision or land development lies within the Jackson Township Capped Sewer District as established on the official Jackson Township Capped Sewer District Map, attached hereto,[1] which shall be adopted from time to time by resolution of the Board of Supervisors, the developer of the proposed subdivision or land development shall apply to the Jackson Township Sewer Authority (hereinafter "Authority") for a determination as to whether or not sufficient capacity exists or will exist within the next five years in the Authority's sanitary sewer system to accommodate the proposed development's sewage flows. If sufficient capacity exists or will exist, the developer shall install capped sewers. This system shall include, but not be limited to: collector mains installed in the street bed or approved right-of-way; laterals installed from the collector main to the right-of-way line; and pump stations, where necessary. The sanitary sewer system shall be constructed according to Township specifications, and the collector mains and laterals shall be plugged watertight pending connection with the sanitary sewer system of the Authority.
[Amended 4-2-2002 by Ord. No. 130-02]
[1]
Editor's Note: The Capped Sewer District Map is on file in the Township offices.
B. 
In making its determination, the Authority shall take into consideration all reasonable and relevant factors and data, including, but not limited to, the projected growth of the area involved and the economic impact upon the present sanitary sewer system facilities, with reference being made to the Authority's projected area of service.
C. 
Said determinations shall be made by the Authority within 45 days after written application has been made to the Authority by the developer.
A. 
The plans and specifications for the installation of the sanitary sewer system facilities must be submitted to the Authority for review by the Authority's Engineer. The subdivision plan shall not be approved by the Board of Supervisors until it is first approved by the Authority.
B. 
The Engineer of the Authority, as he deems necessary, shall make periodic on-site inspections of the installation of the sanitary sewer system facilities during their construction. No part of the sanitary sewer system shall be covered until the Engineer makes final inspection and approves the system.
C. 
Upon completion of the sanitary sewer system, the developer shall file with the Authority and with the Township a final plan and specifications for the system as built, which final plan must be prepared by a Registered Professional Engineer or Registered Professional Surveyor, showing the size, location and length of all lines. All descriptions shall include bearings and distances.
D. 
As a condition of final plan approval, the developer shall, upon completion of the sanitary sewer system, transfer the facilities and improvements and any easements to the Authority and shall execute such maintenance bonds, guaranties and warranties relative to the design and construction of the facilities and improvements. The Authority reserves the right to require the developer to execute a hold harmless agreement absolving the Authority and the Township from any liability relative to the construction, design or installation of said sanitary sewer system.
E. 
The developer shall pay all costs incurred by the Authority in the inspections, reviews and approvals made by the Authority and its Engineer during the course of design and construction of the sanitary sewer system. Prior to the beginning of inspections as defined in this section, the developer shall deposit a sum amounting to 3.5% of the estimated cost of said system. Any cost in excess of that amount shall be remitted by the developer within 30 days from the date invoiced by the Authority. Final approval shall not be given to the developer by the Authority until all such costs have been paid in full.
All sanitary systems installed pursuant to this article shall be compatible with the sanitary sewer systems of the Authority, conforming in all respects to the standards and requirements to which said system of the Authority must conform, and having the capacity to receive and transport sewage to the treatment plant.
A. 
No person shall sell, transfer or enter into agreement to sell or transfer any land in a subdivision or land development situated within the Township unless and until there has been full and complete compliance with the provisions of this article. No building or occupancy permit or certificate shall be valid unless there has been such compliance.
B. 
Any person who does not comply with the requirements of this article or who shall in any way violate or permit the violation of any specific provision of this article shall, upon being found liable therefor in a civil proceeding before a District Magistrate, be sentenced to pay a fine of not more than $1,000 per day and court costs, plus reasonable attorney's fees. Each continuing day of violation of this article shall constitute a separate offense.
C. 
In addition, in the event of a defendant's failure to comply with the provisions hereof, Jackson Township or the Authority may commence an action for an injunction to restrain any further subdivision or development and to compel compliance.