[Adopted 10-20-1971 by Ord. No. 1971-3; amended in its entirety 7-9-2001 by Ord. No.
2001-2 (Ch. 18, Part 1, of the 1983 Code of Ordinances)]
As used in this article, the following terms
shall have the meanings indicated:
New Freedom Borough Authority as presently or hereafter constituted,
which has been created by the New Freedom Borough Council.
The Borough of New Freedom, York County, Pennsylvania, a
municipality of the Commonwealth of Pennsylvania, acting by and through
its Council or, in appropriate cases, acting by and through its authorized
representatives.
That part of a sewer line extending from the inner face of
the outer walls of a building, vault or area to its connection with
the lateral.
Any property located within the Borough upon which there
is erected or operated a structure intended for continuous or periodic
habitation, occupancy or use by human beings or animals and from which
structure sanitary sewage or industrial wastes shall be or may be
discharged.
Any room, group of rooms, building or other enclosure used
or intended for use, in whole or in part, in the operation of a business
enterprise for the manufacturing, fabricating, processing, cleaning,
laundering or assembling of any product, commodity or article, or
form which any process waste, as distinct from sanitary sewage, shall
be discharged.
Any solid, liquid, gaseous or waterborne substance or form
of energy rejected or escaping in the course of any industrial, manufacturing,
trade or business process or in the course of the development, recovering
or processing of natural resources as distinct from sewage.
Part of the sewer system extending from a public or private
main sewer to curbline or property line.
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 or is adjacent to the sewer
system having an improved property, regardless of the length of the
house sewer or manner in which sewage flows from the occupied building
to the sewer system.
The normal water-carried household and toilet wastes generated
from any improved property.
Both sanitary sewage and industrial waste.
Any pipe, main or conduit constituting a part of the sewer
system used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
transporting pumping, treating and disposing of sewage, owned by the
Authority, leased to the Borough or contracted for by the Authority
or the Borough.
A.
All persons owning any improved property now erected
upon premises accessible to the sewer system shall, at their own expense,
connect such building with the sewer system within 90 days after notice
to such person from the Borough to make such connection.
B.
All persons owning any premises accessible to the
sewer system upon which a building is hereafter erected shall, at
the time of the erection of such building, and at their own expense,
connect the same with the sewer system.
C.
All persons owning any improved property upon premises
which hereafter become accessible to the sewer system shall, at their
own expense, connect such building with the sewer system within 90
days after notice of such person from the Borough to make such connection.
D.
All persons shall indemnify and save harmless this
Borough and Authority from all loss or damage that may be occasioned,
directly or indirectly, as a result of construction of a lateral,
house sewer or connection of a house sewer to the sewer system.
A.
It shall be unlawful for any person owning any premises 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 premises for receiving sewage after the expiration of the period specified in § 172-2 hereof or to connect any of the above to the sewer system or otherwise at any time to erect, construct, use or maintain any pipe, conduit, drain or other facility for the discharge of sewage except into the sewer system.
B.
Any person who erects, constructs or maintains a privy,
cesspool, sinkhole or septic tank on any premises accessible to the
sewer system or otherwise erects, constructs, uses or maintains any
privy, cesspool, sinkhole, septic tank or other receptacle on such
premises for receiving, sewage in violation of this article shall
be deemed and shall be declared to be erecting, constructing and maintaining
a nuisance, which nuisance the Borough is hereby authorized and directed
to abate in the manner provided by law.
No connection shall be made to the sewer system
except in compliance with the ordinances, resolutions, rules and regulations
of the Borough Council or as may be otherwise required by law.
A.
Application for service line. Any property owner desiring
the introduction of a new service line from the sewer system to his
premises must first make written application on forms furnished by
the Borough. The application must be signed by the property owner
or his duly authorized representative. No owner or tenant of any premises
connected with the sewer system shall permit another person or premises
to use or connect with his service line, except upon written permission
from the Borough.
B.
Permit for connection. It will be necessary to have
a permit from the Borough before making any connection to the sewer
system. After proper application for service has been received and
upon payment of any fee required by the Borough, the Borough will
issue permits authorizing the attachment of the lateral and/or the
applicant's house sewer to the sewer system.
C.
Service connections. No sewer connection or disconnection
shall be made nor any lateral or house sewer line installed except
in the manner and of a type approved by the representatives of the
Borough who shall have supervision and control over the same. Maintenance,
installation and use of plumbing fixtures and appliances shall also
be subject to appraisal of said representatives. The lateral and house
sewer line shall be at the applicant's expense. After all pipe is
laid and before the ditch is closed, all work must be inspected and
approved by the representative of the Borough.
D.
Grease traps and oil separators. All hotels, restaurants,
boardinghouses and public eating places and similar uses shall install
grease traps and all automotive service and repair stations and body
shops and similar uses shall install grease traps and oil separators
on the house drains before draining into the sewer system. The grease
traps and oil separators shall be of such character as may be approved
by the Borough. The owner or operator of an improved property in which
a grease trap or oil separator is installed shall provide to the Borough
on a semiannual basis documentation demonstrating that the grease
trap or oil separator has been properly cleaned, serviced and maintained.
The Borough shall have the authority to require more frequent documentation
evidencing adequate cleaning and/or maintenance.
E.
Inspections. The Borough or its authorized representatives
shall have the right of access at all reasonable times to all parts
of any premises connected with the sewer system and to examine and
inspect the connections thereto and the plumbing fixtures and appliances
and use thereof and to compel the discontinuance of any improper connection,
installation, maintenance or use. The Borough may make reasonable
charges for such inspections to users of the sewer system.
F.
Release of liability. Neither the Borough, the Authority
nor the treating municipality shall be liable for any damage or expense
resulting from leaks, stoppages or defective plumbing or from any
other cause occurring to any premises or within any house or building;
and it is hereby expressly stipulated by all persons that no claims
shall be made against either the Borough or the treating municipality
on account of the breaking or stoppage of or any damage or expense
to any lateral, house sewer or house drain when the cause thereof
is found to be in such lateral, house sewer or house drain. The Borough
and the treating municipality shall not be liable for a deficiency
or failure of service when occasioned by an emergency, required repairs
or failure for any cause beyond its control.
G.
Prohibited discharges. No person shall discharge or
cause to be discharged any stormwater, surface water, groundwater,
roof runoff or substance drainage into any sanitary sewer. No roof
drain, foundation drain or floor drain may be connected, directly
or indirectly, into the sewer system.
H.
Maintenance. The owner of any sewer lines which are
discharging sewage into the public sewer system shall keep such lines
free of roots, grit, soil, stones, building materials, built-up solids
and all other objects not limited by the foregoing which are not intended
for disposal in a sewer line or which are likely to impede the flow
of sewage in a sewer line. Such lines shall be maintained by the owner
free of deflection, cracks or other openings which contribute to or
are likely to contribute to infiltration or inflow. The owner shall
be required to clean and flush all materials discharged from the owner's
sewer lines that are discharged into the lateral prior to discharge
into the Borough's sewer main.
I.
Changing rules and regulations. The Borough reserves
the right to change or amend, from time to time, these rules and regulations
in accordance with law.
J.
Where the sewer system of the Borough is to be extended
at the expense of the owner of properties, the owner shall have the
right to construct the extension or install the customer facilities
himself or through a subcontractor approved by the Borough, which
approval shall not be unreasonably withheld. Construction by the owner
shall be in accordance with plans and specifications approved by the
Borough and shall be undertaken only pursuant to the existing regulations,
requirements, rules and standards of the Borough applicable to such
construction. The owner may be required to deposit with the Borough,
in advance of construction, the Borough's estimated reasonable and
necessary cost of reviewing plans; construction inspections, administrative,
legal, and engineering services. The Borough may require the property
owner to reimburse it for reasonable and necessary expenses it incurred
as a result of the extension. If an independent firm is employed for
engineering review of the plans and the inspection of improvements,
reimbursement for its services shall be reasonable and in accordance
with the ordinary and customary fees charged by the independent firm
for work performed for similar services in the community. The fees
shall not exceed the rate or cost charged by the independent firm
to the Borough when fees are not reimbursed or otherwise imposed on
applicants.
[Added 8-8-2005 by Ord. No. 2005-10]
(1)
In the event the owner disputes the amount of any billing in connection with the review of plans, construction inspections, administrative, legal, and engineering services, the owner shall, within 20 working days of the date of billing, notify the Borough that the billing is disputed as excessive, unreasonable, or unnecessary, in which case the Borough shall not delay or disapprove any application or any approval or permit related to the extension or facilities due to the owner's dispute over the disputed billings unless the property owner has failed to make payment in accordance with the decision rendered under Subsection J(3) within 30 days after the mailing date of such decision.
(2)
If within 30 days from the date of billing, the Borough
and the owner cannot agree on the amount of billings which are reasonable
and necessary, the property owner and Borough shall, by mutual agreement,
appoint a professional of the same profession and discipline licensed
in Pennsylvania to review the billings and make a determination as
to the amount of billings which is reasonable and necessary.
(3)
The professional appointed under Subsection J(2) shall hear evidence and review the documentation as the professional in his or her sole opinion deems necessary and shall render a decision within 60 days of the billing date. The owner shall be required to pay the entire amount determined in the decision immediately.
(4)
In the event that the Borough and the owner cannot
agree upon the professional to be appointed within 30 days of the
billing date, the president judge of the court of common pleas of
the judicial district in which the municipality is located or, if
at the time there is no president judge, the senior active judge then
sitting upon application of either party shall appoint a professional,
who shall be neither the Borough Engineer nor any professional who
has been retained by or performed services for the Borough or the
owner within the preceding five years.
(5)
The fee of the appointed professional for determining
the reasonable and necessary expenses shall be paid by the owner if
the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required in the decision
is less than the original bill by $2,500 or more, the Borough shall
pay the fee of the professional. If the amount of the payment required
in the decision is less than the original bill by $2,499 or less,
the Borough and the owner shall each pay 1/2 of the fee of the appointed
professional.
Any person who shall violate the provisions
of this article shall, upon conviction in proceedings commenced by
New Freedom Borough before any Magisterial District Judge, be subject
to a fine of no more than $1,000. Upon judgment against any person
by conviction or by proceedings by summons or default of the fine
imposed and costs, said person may be sentenced to the York County
Jail for a period not exceeding 30 days. If such person violating
the provisions of this article shall be a partnership, then the members
thereof or, if such person is a corporation or association, then the
officers thereof, shall, in default of payment of any fine levied
hereunder, be imprisoned. Each day of continued violation of any provision
of this article shall constitute a separate offense.
