[Added 12-18-2019 by Ord. No. 2397-19]
Unless the context specifically and
clearly indicates otherwise, the meanings of terms used in this article
shall be as follows:
The Township's Official Plan as defined in the Pennsylvania
Sewage Facilities Act, Act of January 24, 1966, P.L. 1535 (1965),
No. 537, as amended, 35 P.S. §§ 750.1 through 750.20a ("Sewage
Facilities Act" or "Act 537").
The Pennsylvania Department of Environmental Protection.
Any electric-motor-driven, submersible, centrifugal capable
of macerating all material found in normal domestic sanitary sewage,
including a reasonable amount of objects such as plastics, sanitary
napkins, disposable diapers, rubber and the like, to a fine slurry
and pumping this material through a small diameter discharge.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
A duplex grinder pump system and the associated force mains,
low-pressure laterals and/or additional equipment associated therewith.
A change in the Township's Act 537 Official Plan to provide
for additional, newly identified future or existing sewage facility's
needs, which may include one or more of the following:
UPDATED REVISIONA comprehensive revision to an existing Official Plan required when the Department or the Township determines the Official Plan or one or more of its parts is inadequate for the existing or future sewage facilities needs of the Township or its residents or landowners.
SPECIAL STUDYA study, survey, investigation, inquiry, research report or analysis, which is directly related to an updated revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.
REVISION FOR NEW LAND DEVELOPMENTA revision to the Township's Official Plan resulting from a proposed subdivision as defined in Act 537.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance 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 or any substance
which constitutes pollution under the Clean Stream Law, as amended,
35 P.S. §§ 691.1 through 691.1001.
The connection of existing properties
or proposed land development to an existing or proposed sewage system
through the use of a low-pressure system within the Township shall
occur only after either:
A.
The Township is hereby authorized and empowered
to adopt such rules and regulations concerning sewage which are deemed
necessary from time to time to effect the purposes herein. All such
rules and regulations adopted by the Township shall be in conformity
with the provisions herein, all other applicable Township ordinances
and regulations, and all applicable laws, rules and regulations, including,
but not limited to, applicable rules and regulations of administrative
agencies for the Commonwealth of Pennsylvania.
B.
The Township is hereby authorized and empowered
to undertake within the Township the control of procedures for the
installation, use and maintenance of low-pressure systems.
C.
The Township is hereby authorized to undertake
such actions as are necessary, including, but not limited to, entering
into agreements with property owners that assure proper operation
and maintenance of the low-pressure systems within the Township's
borders.
The Township reserves the right to,
and may from time to time, adopt, revise, amend and readopt such rules
and regulations as it deems necessary and proper for the use, operation
and maintenance of low-pressure systems within the Township, and all
such rules and regulations shall become a part of this article.
A.
Each property owner whose improved property
is served by a low-pressure system shall have full responsibility
for providing, maintaining, operating, repairing, replacing the low-pressure
system and assuring that full service capability is available locally
and on short notice.
B.
All low-pressure systems, and the associated
installation, operation, service and replacement thereof, shall comply
with all applicable rules and regulations and comply with the latest
edition of the Plumbing Code.
C.
Each property owner whose improved property
is served by a low-pressure system shall use the grinder pump in a
manner fully consistent with the manufacturer's instructions and shall
avoid introducing into the low-pressure system bulky paper or plastic
materials, including, but not limited to, items designated as biodegradable
in septic tanks, that may damage the impellers or the grinder pump.
D.
Within 24 hours of discovery of a malfunction
and/or nonoperation of a grinder pump or the associated low-pressure
system, each property owner whose improved property is served by the
grinder pump shall close the low-pressure system and cease operations
until such time as the grinder pump and associated low-pressure system
has been fully restored to operational status. Each property owner
shall have an alarm panel inside the improved property that notifies
the property owner of any nonoperation or malfunction of the low-
pressure system.
E.
At the property owner's sole cost and expense,
the property owner shall have a standby twenty-four-hour emergency
replacement unit for the grinder pump serving an individual residential
dwelling unit, through contract with an independent contractor or
otherwise. Installation of the temporary replacement grinder pump
shall be the property owner's sole responsibility and shall be at
its sole cost and expense.
F.
The Township shall not have any responsibility
for the purchase, operation, repair, maintenance or replacement of
the grinder pump or any portion of the low-pressure system.
G.
Each property owner who desires to install
or maintain a low-pressure system to service its improved property
shall execute a low-pressure sewer system operations and maintenance
agreement with the Township, in a recordable form. The property owner
must have an operation and maintenance contract with either a plumber
or a private, independent contractor who has specialized training
by the manufacturer of the original equipment to service the grinder
pump(s) and all of its appurtenances. The contract shall be renewed
annually. The low-pressure system shall be inspected every three years
as a minimum. The property owner must provide written proof to the
Township of this inspection by providing a copy of the inspection
report.
H.
Each property owner whose improved property
is served by a low-pressure system shall ensure that a professional
contractor inspects the grinder pump at least once every three years
and that a written inspection report is generated from each inspection.
The property owner shall provide the Township with copies of the inspection
report, signed by the contractor. The inspection report shall certify
that the grinder pump is operational, indicates resolution of any
deficiencies noted in the contractor's inspection, as well as any
service or alarm calls which occurred in the period between inspections.
Should the property owner wish to make a revision or modification
to the grinder pump, the property owner is responsible for obtaining
any required permits from the Township prior to modification or revision
as well as providing an amended and revised drawing detailing the
revision or modification to the Township. All costs associated with
inspections, modifications and amendments of and to the grinder pump
shall be borne solely by the property owner.
I.
In addition to the foregoing, where the
low-pressure system is intended to be shared between two or more property
owners, the property owners shall submit to the Township a declaration
of easements, covenants and restrictions, in recordable form, setting
forth the agreement of each benefited property owner with respect
to the installation, use and maintenance of the low-pressure system,
which agreement shall bind all future property owners. The Township
shall not issue a permit for installation of the low-pressure system
until evidence is presented, in a form satisfactory to the Township,
that the low-pressure system has been approved by all applicable agencies
and that the declaration of easements, covenants and restrictions
has been recorded in the Office of the Recorder of Deeds, Montgomery
County, Pennsylvania.
J.
The Township shall have the right, but
not the obligation, to enter onto any property to inspect, maintain,
service, repair or replace any low-pressure system. The cost of such
maintenance, service, repair or replacement shall be assessed against
the property owner and shall become a lien on said property. The Township,
subsequent to the time of entering upon any such property, shall file
a notice of lien upon said property in the office of the Prothonotary
of Montgomery County. If the property owner fails to satisfy the lien
within 30 days of the filing date of the notice of lien, the Township
may seek to execute on the lien and/or proceed to collect the amount
due by commencing an action in assumpsit.
In addition to any other remedies provided herein, any violation of § 238-39 or any part thereof, above, shall constitute a nuisance which may be abated by the Township by seeking mitigation of the nuisance, use of statutory enforcement procedures and/or such other appropriate equitable or legal relief from a court of competent jurisdiction as the Township determines is necessary to adequately abate the nuisance.
