[Adopted 8-19-2004 by Ord. No. 408[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
II, Discharges to Sanitary Sewer, adopted 4-10-1996 by Ord. No. 358,
as amended.
From and after the effective date of this article, no person,
firm, corporation, property owner, lessee, occupier, developer or
contractor shall connect, or cause or permit to be connected to the
public sanitary sewers located within the Township of Rochester any
rain leader, downspout, gutter, parking lot drain, driveway drain,
interior or exterior sump, french drain, swimming pool drain, spring
or other source or device capable of carrying surface water, rain
water, stormwater or groundwater into the public sanitary sewers.
A.
Certain discharges prohibited. From and after the effective date
of this article, no person, firm, corporation, real property owner,
lessee, occupier, developer or contractor shall cause or permit the
discharge of surface water, rainwater, stormwater or groundwater into
the public sanitary sewers within the Township.
B.
Affirmative duty. From and after the effective date of this article,
it shall be the affirmative duty of every real property owner to repair
and maintain in water-tight condition all sanitary sewer laterals
from private structures located upon the owner's real property to
the public sanitary sewer located in the Township's right-of-way.
A.
Smoke and/or dye tests authorized. The proper officers, employees
or agents of the Township, as appointed or hired by the Township from
time to time, are hereby authorized and directed to conduct periodic
smoke and/or dye tests and such other appropriate inspections, at
public cost, of all existing structures located in Rochester Township
and all structures located in adjacent municipalities with whom the
Township has a reciprocal inspection agreement and whose sewer drains
are known or reasonably suspected to be connected to the public sanitary
sewers within the Township. Upon prior written notice to the owner
and occupant, such appropriate other inspections may include an inspection
and dye testing of plumbing fixtures and traps inside any structure
in the Township.
B.
Purpose of inspections. The purpose of the inspections shall be to
determine if the structure is in compliance with this article and
all regulations promulgated hereunder, and all other ordinances, laws
and regulations pertaining to sewer systems and structures.
C.
Written notice of inspection required. The Township, or its agents,
shall give at least seven days' written notice of the inspection program
and of the approximate date that the inspection shall be conducted.
D.
Hours of inspection. All inspections shall be performed between the
hours of 8:00 a.m., local time, and 5:00 p.m., local time, unless
the owner or occupant of the structure requests another time for the
convenience of the owner or occupant and the Township.
Every owner, lessee or occupier of land within Rochester Township
shall submit to smoke and/or dye testing under this article.
A.
Discovery of illegal stormwater or surface water connections. When
illegal stormwater or surface water connections or conditions have
been discovered, all necessary remedial work to correct such illegal
connections shall be completed by the owner, lessee or occupier of
the premises, weather permitting, within 180 days of the date the
party receives notification of the illegal connection or condition.
Notice shall be by regular mail, postage prepaid, addressed to the
party at the property or at such other address for the party maintained
in the Township records. Notice shall be deemed to have been received
three days after mailing, unless returned by the Post Office.
B.
Delay because of weather conditions. When weather conditions shall
not reasonably permit either the commencement or the completion of
the remedial work within 180 days of the notice of the violation,
the Township may extend the time for commencing or completing the
work for a period not to exceed an additional 180 days, provided that
the owner, lessee or occupier of the premises submits to the Township:
(1)
A written contract to complete the work from a qualified independent
contractor; and
(2)
A cashier's or certified check payable to the Township in a sum equal
to 110% of cost of the work set forth in the contract, to be held
by the Township as security for prompt and complete remediation once
the weather permits; and
(3)
A written license, on a form prepared by the Township, permitting
the Township, or its authorized agents and employees, to enter upon
the premises to complete the work if the owner, lessee or occupier
fails to do so after reasonable notice.
C.
Severe economic hardship. In the event that the necessary remedial
work would create a severe economic hardship for the owner, lessee
or occupier of the premises, application may be made to the Township
for an extension of up to an additional 180 days to complete said
work. A severe economic hardship shall occur when any person responsible
for compliance with this article as to the particular premises has
a level of income considered to be "low-moderate" under federal guidelines.
D.
Completion of remedial work by the Township. In the event that the
owner, lessee or occupier of the premises neglects, refuses or is
unable to effect the necessary remedial work within the time permitted,
including any extension, the Township may undertake to have the remedial
work completed at the expense of the owner, lessee or occupier of
the premises, and to require the necessary arrangements for the payment
of the cost of such work by the owner, lessee or occupier of the premises
upon an installment basis mutually satisfactory to the Township and
the owner, lessee or occupier of the premises. Under such circumstances,
the Township shall file a lien against such property pursuant to the
Pennsylvania Municipal Claims Act, which lien shall remain in effect
until payment in full.
A.
Acceptable remediation of illegal connections. Acceptable remediation
of an illegal connection to the Township's sanitary sewer system under
this article shall mean that the illegal connection is to be disconnected
from the public sanitary sewer system within the Township and access
to the sewer at that location shall be permanently capped or sealed.
Such source shall be discharged properly:
(1)
To the storm sewer of the Township, if, in the opinion of the Township
Engineer, such connection is reasonably feasible; or
(2)
To the curb drain in the public streets of the Township, if, in the
opinion of the Township Engineer, such connection is feasible; or
(3)
To a surface outlet wholly upon the subject property; or
B.
Written plan required. Prior to beginning remediation of an illegal
connection, the owner, lessee or occupant shall prepare and file with
the Township a written plan documenting the proposed remediation in
accordance with all applicable laws and all rules and regulations
promulgated thereunder, including a measurement of the surface area
drained by each outlet to be remedied; a list of materials to be used;
and the disposition of the water for each outlet. The plan shall be
subject to review and approval by the Township prior to the commencement
of any remedial work. Upon plan approval, the Township shall certify
its approval upon the plans. A copy of the approved plans shall be
kept on file with the Township. Upon rejection of the plan, the Township
shall return the plan to the applicant and shall state the reason(s)
for the rejection.
C.
Site inspection required. Prior to covering any work to remediate
an illegal connection under this article, the owner, lessee or occupant
shall submit the site to inspection by the Township. The Township
shall have the right to reject any work which does not conform to
an approved plan or to any and all applicable laws and rules and regulations
promulgated thereunder including, but not limited to, any rules and
regulations adopted pursuant to this article. Rejected work shall
be promptly removed by the owner, lessee or occupant and promptly
replaced by conforming work.
D.
Certain discharges of water prohibited. From and after the effective
date of the article, it shall be unlawful for any owner, lessee or
occupier, developer or contractor either directly or indirectly to
permit water to be discharged upon or across any public or private
sidewalk or discharged onto any adjacent property causing a safety
hazard or public nuisance. Should the owner, lessee, occupier, developer
or contractor fail to maintain the discharged water in a safe and
lawful manner, following due notice from the Township to correct the
problem within 30 days, the owner, lessee, occupier, developer or
contractor shall be subject to all the penalties provided herein or
all those provided under applicable law and shall be responsible for
any costs incurred by the Township and/or the affected adjacent property
owners to remediate the problem.
E.
Certification of compliance. Upon completion of smoke or dye testing
and the remediation of any illegal connections in accordance with
an approved plan filed with the Township, the Township shall issue
a certificate of compliance as to that property.
From and after the effective date of this article, its shall be unlawful for any person to sell real estate served by public sanitary sewers within the Township of Rochester on which a building or improvement exists, without first delivering to the purchaser a certificate of compliance as to that property from the proper Official of Rochester Township. A presale inspection of real estate for illegal sewer connections or faulty sanitary sewer laterals shall be performed by the Township, or its duly authorized agent. At a minimum, said inspections shall include a smoke and dye test. Any remediation of an illegal connection shall be completed in the manner set forth herein, including a filed plan, inspection by the Township and issuance of a final compliance certificate. The owner of real estate subject to a presale inspection shall pay for the cost of the inspection. The issuance of a presale certificate by the Township shall be a condition precedent to the issuance of a lien or tax certificate by the Township and the appropriate Township Officials are hereby prohibited from issuing a municipal no-lien letter unless the presale inspection is conducted. The Township shall fix the fee for the cost of the presale inspection and certificate from time to time by resolution. A certificate issued under § 118-10E of this article, or a presale certificate issued under this section, shall be valid in lieu of a presale inspection and certificate for a period of one year after issuance.
The Township may from time to time promulgate, by resolution,
reasonable rules and regulations pertaining to the operation and enforcement
of this article, which may include, but are not limited to, establishing
the form of applications and certificates, design criteria and specifications
and minium standards for independent contractors.
Any person, firm or corporation who shall neglect or refuse
to comply with, or who shall otherwise violate, any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine
not to exceed $600.
Every calendar day after the owner, lessee or occupier of premises
has received written notice of the violation shall constitute a separate
violation of this article.
