[HISTORY: Adopted by the City Council of the City of Altoona as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction standards — See Ch. 270.
Floodplain regulations — See Ch. 362
Planning — See Ch. 535.
Stormwater management, erosion and sedimentation control — See Ch. 620.
Subdivision of land and land developments — See Ch. 640.
Zoning — See Ch. 800.
[Adopted 9-28-2016 by Ord. No. 5686]
The purpose of sewage facilities planning is to ensure the orderly operation, expansion, and maintenance of the sewer infrastructure within the City limits. This is controlled by the issuance of "equivalent dwelling units" (EDUs) of sewage, with each EDU being equal to 400 gallons of sewage per day. The EDUs are issued to a landowner subsequent to a sewage facilities planning module approval by the City and by the Pennsylvania Department of Environmental Protection (DEP). No building permit or other permit will be approved or issued by the City until the applicant has received the approval of the sewage facilities planning module or exemption from the City and/or DEP.
This section is reserved for future use
This section is reserved for future use.
This section is reserved for future use.
This section is reserved for future use.
DELEGATED AGENCY
A municipality, local agency, or county to which the Department was delegated the authority to review and approve subdivisions for new land developments as supplements to the official plan of a municipality in which the subdivision is located.
EQUIVALENT DWELLING UNIT
For the purpose of determining the number of lots in a subdivision only as it relates to the determination of planning exemptions and fees for planning module reviews under PA Title 25, article I, chapter 71, that part of a multiple family dwelling or commercial or industrial establishment with flows equal to 400 gpd. These flow figures are not intended to be used for the calculation of flows for the design of community sewerage systems or for the allocation of flows related to community sewerage systems. Community sewerage system flows for design and permitting purposes shall be calculated using the procedures established in the Department's Domestic Wastewater Facilities Manual (DEP-1357).
LARGE VOLUME ON LOT SEWAGE SYSTEM
An individual or community onlot sewage system with a design capacity to discharge subsurface sewage flows which are in excess of 10,000 gpd.
LIMITING ZONE
A soil horizon or condition in the soil profile or underlying strata which includes one of the following:
A. 
A seasonal-high water table, whether perched or regional, determined by direct observation of the water table or indicated by soil mottling.
B. 
A rock with open joints, fracture or solution channels, or masses of loose rock fragments, including gravel, with insufficient fine soil to fill the voids between the fragments.
C. 
A rock formation, other stratum or soil condition which is so slowly permeable that it effectively limits downward passage of effluent.
LOCAL AGENCY
A municipality (or any combination of municipalities acting cooperatively or jointly under the laws of the commonwealth), county, county department of health or joint county department of health.
LOT
A part of a subdivision or a parcel of land used as a building site or intended to be used for building purposes, whether immediate or future, which would not be further subdivided. Whenever a lot is used for a multiple-family dwelling or for commercial, institutional or industrial purposes, the lot shall be deemed to have been subdivided into an equivalent number of single-family residential lots as determined by estimated sewage flows.
MUNICIPALITY
A city, town, township, borough or home rule municipality other than a county.
OFFICIAL PLAN
A comprehensive plan for the provision of adequate sewage systems, adopted by a municipality or municipalities possessing authority or jurisdiction over the provision of the systems, and submitted to, and approved by, the Department as provided by the act, and this part.
OFFICIAL PLAN REVISION
A change in the municipality's official plan to provide for additional, newly identified future or existing sewage facilities needs, which may include one or more of the following:
A. 
UPDATE REVISIONA comprehensive revision to an existing official plan required when the Department or municipality determines the official plan or one or more of its parts is inadequate for the existing or future sewage facilities needs of a municipality or its residents or landowners.
B. 
REVISION FOR NEW LAND DEVELOPMENTA revision to a municipality's official plan resulting from a proposed subdivision as defined in the act.
C. 
SPECIAL STUDYA study, survey, investigation, inquiry, research report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.
D. 
SUPPLEMENTA sewage facilities planning module for a subdivision for new land development which will not be served by sewage facilities requiring a new or modified permit from the Department under The Clean Streams Law,[1] and which is reviewed and approved by a delegated agency.
E. 
EXCEPTION TO THE REQUIREMENT TO REVISEA process established in § 71-55 (relating to exceptions to the requirement to revise the official plan for new land development) which describes the criteria under which a revision for new land development is not required.
PERSON
An individual, association, public or private corporation for profit or not-for-profit, partnership, firm, trust, estate, department, board, bureau or agency of the United States, commonwealth, political subdivision, municipality, district, authority or another legal entity which is recognized by law as the subject of rights and duties. The term includes the members of an association, partnership or firm and the officers of a local agency or municipal, public or private corporation for profit or no-for-profit.
RESIDENTIAL SUBDIVISION PLAN
A subdivision in which at least 2/3 of the proposed daily sewage flows will be generated by residential uses.
SEWAGE
A substance that contains the waste products or excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances being harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply or for recreation. The term includes any substance which constitutes pollution under The Clean Streams Law.[2]
SEWAGE ENFORCEMENT OFFICER
An official of the local agency who reviews permit applications and sewage facilities planning modules, issues permits as authorized by the act and conducts investigations and inspections that are necessary to implement the act and the regulations thereunder.
SEWAGE FACILITIES
A system of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of this commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste. The term includes:
A. 
INDIVIDUAL SEWAGE SYSTEMA system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into waters of this commonwealth or by means of conveyance to another site for final disposal.
B. 
INDIVIDUAL ON LOT SEWAGE SYSTEMAn individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a soil absorption area or spray field or by retention in a retaining tank.
C. 
INDIVIDUAL SEWERAGE SYSTEMAn individual sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a soil absorption area, or retention in a retaining tank.
D. 
COMMUNITY SEWAGE SYSTEMA sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site.
E. 
COMMUNITY ONLOT SEWAGE SYSTEMA system of piping, tanks or other facilities serving two or more lots and collecting, treating and disposing of sewage into a soil absorption area or retaining tank located on one or more of the lots or at another site.
F. 
COMMUNITY SEWERAGE SYSTEMA publicly or privately owned community sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a soil absorption area, or retention in a retaining tank.
SEWAGE MANAGEMENT PROGRAM
A program authorized by the official action of a municipality for the administration, management and regulation of the disposal of sewage.
SEWER AUTHORITY
A municipal authority, established under the Municipality Authorities Act of 1945 (53 P.S. §§ 301 through 401), which provides, maintains, owns or operates sewage facilities.
SMALL FLOW TREATMENT FACILITIES
An individual or community sewerage system designed to adequately treat sewage flows not greater than 2,000 gpd for final disposal using a stream discharge or other disposal methods approved by the Department.
SOIL HORIZON
A layer of soil approximately parallel to the soil surface, the chemical and physical characteristics of which are distinguishable by observation or other method of analysis, from the chemical and physical characteristics in adjacent layers of soil.
SOIL PROFILE
The collection of soil horizons, including the natural organic layers on the surface.
SUBDIVISION
The division or redivision of a lot, tract or other parcel of land into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines. The enumerating of lots shall include as a lot that portion of the original tract or tracts remaining after other lots have been subdivided therefrom.
WATERS OF THIS COMMONWEALTH
Rivers, streams, creeks, rivulets, impoundments, ditches, water courses, storm sewers, lakes, dammed water, ponds, springs and other bodies or channels of conveyance of surface and underground water, or of their parts, whether natural or artificial, within or on the boundaries of this commonwealth.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
A. 
Any person, firm, or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs, and in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this part continues or each section of this chapter, which shall be found to have been violated shall constitute a separate offense.
B. 
In, addition, the City, through its Solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equality for the enforcement of this chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.
C. 
Enforcement for any violation of this chapter, without limiting any other enforcement mechanism available, may also be conducted as permitted by Pennsylvania law.
[Adopted 4-8-2020 by Ord. No. 5760]
The 39th Street Sanitary Sewer District is hereby established and shall include 39th Street and Walnut and Oak Avenues as delineated herein. The purpose of the District is to promote public health by connecting existing properties on private septic systems to public sewerage and to ensure the connection of any new structures in the District to the sanitary sewer system. Understanding that such connections confer both public and private benefits, a further purpose of the District is to recover a portion of the project costs from those property owners directly benefiting from the sanitary sewer improvements described herein.
The said 39th Street Sanitary Sewer District shall be subject to the same rules, regulations, charges, rates and fees as all other sewer districts in the City. Said 39th Street Sanitary Sewer District shall specifically be subject to all of the provisions set forth in Chapter 580 of the City of Altoona Code of Ordinances relating to sewer and sewage facilities, as those ordinances may be amended from time to time, including but not limited to mandatory connection provisions.
The said 39th Street Sanitary Sewer District shall be comprised of that portion of the City that is described on Exhibit "A," which is attached hereto and a part hereof.
The proper officials of the City of Altoona are hereby authorized and directed to do all matters and things required to be done to begin billing all users of the said system in accordance with the above-mentioned Chapter 580 of the City of Altoona Code of Ordinances, as those ordinances may be amended from time to time.
Upon notice from the City to connect, the owners of all improved properties in the 39th Street Sanitary Sewer District shall connect to the sewer lines no later than 60 days after such notice is given; however, an extension of an additional 60 days may be granted by the City. Notice to connect shall be in writing directed by regular mail to the owner(s) of the properties in the 39th Street Sanitary Sewer District to be connected as their names and addresses appear on the City of Altoona tax duplicate. Connection is required for all buildings and structures used for human occupancy within 300 feet of the public sewer or sewer extension installed in the 39th Street Sanitary Sewer District in such manner as the City Council may order or require for the purpose of discharge of such wastewater.
The owner of any property required to connect to the 39th Street Sanitary Sewer District shall obtain a plumbing permit issued by the City of Altoona's Department of Codes and Inspections prior to connection to the public sewer line extension. All plumbing shall comply with the requirements of the Uniform Construction Code and shall be inspected and approved by the City of Altoona Department of Codes and Inspections, or its designee. The owner shall make any interior plumbing adjustments, if required, for the purpose of the inspection and shall notify the City at least 24 hours prior to the time when such connection is to be made.
A. 
Special assessment fee. The special assessment fee is determined by the cost of assessable sewer main improvements where such cost shall be divided equally between the City and the properties within the District. The portion owed by the properties within the District shall be further divided equally between said properties. At the time of adoption of this article, the estimated cost of construction is $134,102. Pursuant to this article, the City does hereby charge the portion of the cost of construction of assessable sewer mains constituting the 39th Street Sanitary Sewer District against properties abutting along the line thereof benefited, improved or accommodated thereby by an equal special assessment per equivalent dwelling unit ("EDU") or buildable lot, at the rate of $14,900.22 per EDU or buildable lot.
B. 
Tapping and connection fees. The special assessment shall be in addition to any other charges or fees normally imposed by the City, including any connection, permit, inspection, or Act 203 tapping fees set forth in the City of Altoona Code of Ordinances and any resolutions adopted thereunder. The tapping and connection fees for connection to the sewer system as of the adoption of this article shall be in accordance with the rules and regulations established by the Altoona Water Authority from time to time. If the tapping fee and/or permit, inspection, and/or other charges change from the time of adoption of this article, the amount owed shall be adjusted accordingly.
C. 
Applicability. This assessment and all terms and conditions of this article shall apply to the properties abutting along the line thereof benefited, improved or accommodated to include:
(1) 
Any developed lot in the District;
(2) 
Any undeveloped lot in the District desirous of connecting to the 39th Street Sanitary Sewer District which did not pay an assessment under the provisions of this article;
(3) 
Any lot created from a lot that was part of the 39th Street Sanitary Sewer District and that did pay a special assessment under the provisions of this article.
D. 
Payment due: Payment of the special assessment fee is due at the time the property owner applies for a permit to connect to the sewer system or within 60 days of notice from the City to connect to the sewer system, whichever is earlier. If the property owner is not able to pay the special assessment fee in full, the property owner may elect to pay the fee and other directly related charges over time in conformance with § 580-15 of this article. If such election is made, any charges owed under this article shall be paid at the same interval as regular sanitary sewer service and under the schedule determined pursuant to § 580-15.
E. 
Sunset provision: Upon repayment of the full amount of the costs of construction of 39th Street Sanitary Sewer District and certification of such repayment by the City Manager, no further special assessments or annual surcharges shall thereafter be charged and so much of this article establishing such assessments and surcharges shall be of no further force or effect.
Such assessments shall be made and collected in the following manner:
A. 
Certificate of completion. Whenever construction of a sewer main or mains has been completed in a street, road, lane, court, public way, public square, cul-de-sac, alley, highway, or other public property or in a private property which shall abut upon, be adjacent to or front upon a particular property or a particular group of properties and has been approved for assessment purposes by the Director of Public Works, the Director, within 60 days thereafter, shall file with the City a statement certifying that such sewer main or mains has or have been completed and approved for assessment purposes, stating the date of such completion, describing such sewer main or mains in reasonable detail, describing the property or properties abutting along the line thereof, adjacent thereto or fronting thereupon which are benefited, improved or accommodated thereby and the name or names of the owner or owners of such property or properties.
B. 
Compliance. Upon receipt by the City of any certificate of completion as provided for in Subsection A above, the City shall examine the same and shall determine whether or not such certificate is in accordance with the provisions of this article. After making such determinations and such adjustment, if any, as may be necessary and appropriate, the City shall direct the preparation of a proper assessment bill for the amount charged against each property that is required to connect to the sewer system.
C. 
Billing. A proper assessment bill for the amount charged against each property required to connect to the sewer system shall be prepared and shall be executed on behalf of the City by the Clerk of the City or such person as designated by the Clerk, and such assessments, so determined, shall be collected from the owner or owners of each property against which such equal assessment has been made, in the manner provided in this article.
D. 
Filing. A schedule of all assessment bills shall be filed with the Clerk of the City. The City, at the discretion of City Council, also may cause a brief notice to be inserted in a newspaper of general circulation in the City to the effect that appropriate assessment bills have been prepared and will be served upon property owners of a designated area.
E. 
Service. Within 30 days or as soon as practical of the filing with the City of any certificates of completion, as provided in Subsection A above, assessment bills, in the form specified in Subsection C above, shall be served upon the owner or owners of such property or properties by certified mail, return receipt requested. If unclaimed, service shall be made in person (which shall include leaving the same with an adult member of the family with whom said owner or owners shall reside). The expense thereof shall be added as a cost of collection. If the owner or owners of such properties shall have no residence in the City or cannot be found in the City, then the certificate of assessment shall be posted upon the premises or a copy thereof shall be left with the occupant of the premises, if there shall be such occupant, and, in addition, a copy of such certificate of assessment shall be mailed, by registered or certified mail, to the owner or owners or his or her duly designated agent or attorney at his or their last known address.
If any owner or owners of property against which an assessment shall have been made shall refuse or neglect to pay such assessment before receiving a permit to connect to the 39th Street Sanitary Sewer District, the City, within the time permitted by law, may file a municipal claim therefor, together with interest at the maximum rate permitted by law from the date of completion of the work. The Clerk of the City shall certify to the City Solicitor all unpaid assessments and such Solicitor, at the direction of the City Council, shall file municipal claims or liens therefor in the proper office of Blair County, Pennsylvania, as provided by law against the property or properties with respect to which such assessment or assessments shall have been charged. The Solicitor thereupon shall proceed to collect all such assessments either under general laws relating to collection of municipal claims or, if so directed by the City, the filing of suit or suits in assumpsit, or both.
The provisions of this article shall be enforced in accordance with § 580-7 of the City of Altoona Code of Ordinances.
The Manager and Mayor of the City of Altoona are authorized and directed to do all matters and things required to be done by Pennsylvania laws and hereby for the purpose of carrying out the intent and purposes of this article.
The City reserves the right, from time to time, to adopt modifications of, supplements to or amendments of this article except with respect to interest, times of payment of assessments, and filing of municipal claims or liens shall not be changed in a substantial manner unless such change shall be necessary to bring the same in compliance with applicable law.