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Borough of Schwenksville, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Schwenksville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Borough Authority — See Ch. 5, Art. I.
Construction codes — See Ch. 71.
Streets and sidewalks — See Ch. 143.
Subdivision and land development — See Ch. 147.
[Adopted 1-24-1964 by Ord. No. 77]
As used in this article, the following terms shall have the meanings indicated:
AUTHORITY
Schwenksville Borough Authority, Montgomery County, Pennsylvania, as presently or hereafter constituted, which has been created by the Borough Council and to which has been referred by the Borough Council the specific project of sewers.
BOROUGH
The Borough of Schwenksville, Montgomery County, Pennsylvania, or the duly constituted and elected municipal authorities thereof.
OCCUPIED BUILDING
Each single dwelling unit, household unit, flat or apartment unit, store, shop, office, business or industrial unit or family unit contained within any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage is or may be discharged.
PERSON
An individual, firm, company, association, society, corporation or group.
PROPERTY ACCESSIBLE TO THE SEWER SYSTEM
Improved property which adjoins, abuts on, or is adjacent to, the sewer system or any portion thereof or any public street, alley or way in which there is a sewer line.
SANITARY SEWAGE
The normal water carried household and toilet wastes from residences, business buildings, institutions and industrial establishments.
SEWER SYSTEM
Refers to the public sanitary sewage collection system, sewage treatment plant and related facilities about to be constructed, among other things, for the Borough and any improvements, additions or extensions that hereafter may be made thereto by the Authority or the Borough or to any part or parts of any or all thereof and shall specifically include all presently existing public sewer lines now owned or hereafter acquired by the Authority.
Whenever the sewer system is completed and ready for public use, it shall be the duty of the Borough to cause notice of the fact to be given by advertisement published once in one newspaper of general circulation in the Borough, and such advertisement shall state that the sewer system may be used by all persons owning occupied buildings on property accessible to the sewer system, subject to the payment of any connection charges and of annual sewer rentals in amounts as may from time to time be fixed by the Borough.
A. 
All persons owning any occupied building now erected upon property accessible to the sewer system shall, at their own expense, connect such building with the sewer system within 60 days after the date of publication specified in § 128-2.
B. 
All persons owning any property accessible to the sewer system upon which an occupied 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 occupied building upon property which hereafter becomes accessible to the sewer system shall, at their own expense, connect such building with the sewer system within 60 days after notice to do so from the Borough.
D. 
Where more than one occupied building, as hereinbefore defined, is contained in a separate structure, a single common connection to the lateral of the sewer system shall be permitted for accommodating all units contained in such structure, except that separate connections shall be required for each semidetached or row-type house or structure.
[Amended 10-12-2006 by Ord. No. 335]
After the expiration of the particular periods specified in § 128-3 of this article, if any owner of the occupied building on property accessible to the sewer system shall have failed to connect such property with the sewer system as required by said § 128-3, the Borough shall cause a copy of this article and a written or printed notice requiring such connection to be made, which notice shall further state that its requirements shall be complied with within 30 days from the date thereof, to be served upon the owner or owners of such property so failing to connect to said sewer system either personally or by leaving the same with an adult member of the family with whom the said owner or owners reside. If the owner or owners of such property have no residence, or cannot be found, in the Borough, then a copy of such article and such notice shall be posted upon such property and copy thereof left with the occupant of such property, if there be one, and shall further be mailed by registered United States mail to the owner or owners or his or their agent or attorney at his or their last known address.
[Amended 10-12-2006 by Ord. No. 335]
A. 
It shall be unlawful for any person owning or occupying any property 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 or otherwise for receiving sanitary sewage after the expiration of the particular period specified in § 128-3 hereof, or otherwise at any time to erect, construct, use or maintain any pipe, conduit, drain or other facility for the discharge of sanitary sewage into the gutters of the Borough, the storm sewers in the Borough or upon public or private property or otherwise, except into the sewer system.
B. 
Any person who erects, constructs, uses or maintains a privy, cesspool, sinkhole or septic tank on any property accessible to the sewer system or otherwise erects, constructs, uses or maintains any pipe, conduit, drain or other facility for the discharge of sanitary 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.
[Amended 10-12-2006 by Ord. No. 335]
No connection shall be made to the sewer system, except in compliance with the ordinances and resolutions as well as such rules and regulations as may, from time to time, be enacted, adopted, approved or promulgated by the Borough or the Authority. The following rules and regulations have been promulgated by the Borough and shall apply:
A. 
Unlawful discharge. No roof, storm, cellar seepage, surface waters or groundwaters shall be discharged into the sanitary sewer system.
B. 
Inspections. The Borough, Authority, or their representatives shall have the right of access at all reasonable times, including by appointment, to all parts of every residential, industrial or commercial premises connected to the sewer system and to examine and inspect all plumbing fixtures and the connections made thereof to the sewer system for any improper connection, installation, maintenance or use of the sewer system. The Borough or the Authority may make reasonable charges for such inspections to users of the sewer system.
C. 
Release of liability. Neither the Borough nor the Authority 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 that all persons making connection with the sewer system that no claims shall be made against either the Borough or the Authority on account of the breaking or stoppage of, or any damage to, any lateral or house sewer line or connection when the cause thereof is found to be in such lateral or house sewer line or connection. The Borough and the Authority shall not be liable for deficiency or failure when occasioned by an emergency, or the required repairs or failure for any cause beyond control.
D. 
Changing rules and regulations. The Borough and the Authority reserve the right to change or amend from time to time these rules and regulations in accordance with law.
[Amended 10-12-2006 by Ord. No. 335]
The provisions of this article are declared to be for the health, safety and welfare of the citizens of the Borough, and persons violating any provisions of this article, upon conviction before any District Justice of Montgomery County, shall be punishable for each offense by a maximum fine of $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, by imprisonment for not more than 30 days. Each ninety-day period during which such violation of such provision shall continue shall be deemed to be a separate offense. Each occupied building, as hereinbefore defined, whether or not the owners thereof shall be permitted to connect two or more occupied buildings or units by a single common connection to a lateral of the sewer system or shall be required to make separate connections for each occupied building or unit, shall constitute a separate and distinct unit under the provisions of this article and the persons owning occupied buildings, consisting of multiple units contained in the same structure, who violate any of the provisions of this article shall be subject to the aforesaid fine for each and every one of such occupied buildings or units which are in violation of the provisions of this article.
[Amended 10-12-2006 by Ord. No. 335]
Borough hereby grants to the Authority all and every easement, right-of-way and any and all other rights necessary or desirable on, over or under the public streets, sidewalks and alleys in the Borough, for the purpose of construction of the sewer system therein.
[Adopted 10-11-2012 by Ord. No. 370[1]]
[1]
Editor's Note: This article provided an effective date of 1-1-2013.
The above recitals shall form a part of this article as though the same were set forth herein at length.[1]
[1]
Editor's Note: The complete text of this ordinance is available for viewing in the Borough offices.
A. 
Unless the context specifically Indicates otherwise, the meaning of terms used in this article shall be as follows:
AUTHORITY
The Schwenksville Borough Authority.
BOROUGH
The Borough of Schwenksville.
COMPLIANCE
Whenever necessary, means compliance with the provisions of the article set forth herein, and any amendments thereto, as well as Schwenksville Borough Code, Chapter 128 and all rules, regulations, and resolutions of the Schwenksville Borough Authority.
COUNCIL
The Schwenksville Borough Council.
EMPLOYEES
Whenever necessary, means and includes such employees and designated representative or officials of the Borough of Schwenksville, or the Schwenksville Borough Authority, as the Borough or the Authority shall, from time to time, designate and utilize in the making of the inspection and/or tests hereafter described in carrying out the duties as prescribed herein to be performed on behalf of the Borough and/or the Authority.
NOTICE
Advising when inspections and tests of the system should be performed by the Borough or the Authority.
PRIVATE SEWER SERVICE LATERAL
The sewer pipe extending from a building to the cleanout, or if no cleanout exists to, the curbline or cartway.
SUMP PUMP
Any pump connected to the private sewer service lateral, or to any lateral connected to the private sewer service lateral that is being used to pump ground-/stormwater into the sanitary sewer system.
SYSTEM
All facilities for collecting, pumping, and disposing of sanitary sewage, which are owned by the Schwenksville Borough Authority within the sanitary sewer service area of the Borough of Schwenksville.
TRANSFER
The transfer of title to real estate when sale or gift is intended and excluding transfers that occur for the following reasons:
(1) 
Conversion: a change in an entity's form or organization, place of organization or name;
(2) 
Financing transaction: when realty is transferred by the debtor solely for the purpose of serving as security for the payment of a debt; or when no sale or debt is intended;
(3) 
Living trust is established;
(4) 
Confirmatory deeds.
USER
The owner, lessee, or occupant of the property on which the buildings and/or appurtenances that are connected to the system are located.
B. 
Throughout this article, references to the singular shall include the plural, and vice versa, wherever required by the context.
A. 
The seller of any property (residential or commercial) located in the Borough which is connected to the system shall be required to retain the services of a master plumber or utility contractor for the purposes of conducting an inspection of the property to ensure compliance with the provisions of this article; Borough Code, Chapter 71;[1] as well as the Authority's rules, regulations, and resolutions. Said inspections shall also require a video inspection of the sanitary sewer lateral from the residence to the connection to the system to ensure compliance.
[1]
Editor's Note: See Ch. 71, Uniform Construction Codes.
B. 
Should the lateral be found to be defective, based upon the Borough's or Authority's rules, regulations, and resolutions and/or sound engineering practice, the lateral pipe shall be replaced or realigned. In the sole discretion of the Authority, limited permission for spot and/or minor repairs and maintenance may be granted. The pipe replacement/realigning/spot repair shall be performed by a master plumber or utility contractor in accordance with Borough Code, Chapter 71, requirements; as well as the Authority's rules, regulations, and resolutions.
C. 
In the event that any transfer of title occurs without an inspection having been conducted and without the seller obtaining a certified report, the buyer or purchaser of the property shall be responsible for having the aforementioned inspection conducted and for the submission of the certified result to the Authority.
D. 
This article shall not apply to transfer of newly constructed properties.
E. 
Upon payment of any application and inspection fee and upon the Authority's receipt and approval of the certification set forth in Subsection A above, including a copy of the televised video inspection, the certification specifically certifying that there is no inflow and/or infiltration into the private sewer service lateral, nor any illegal connections and that the cleanout vent is capped and not damaged, the Authority shall issue a private sewer service lateral inspection permit to the seller who shall deliver said permit to the buyer or purchaser of the property at the time of the sale or conveyance.
F. 
In the event that the property owner fails to replace the private sewer service lateral as required by Subsection B above, the Authority shall be authorized as permitted by law to go onto the property and replace the private sewer service lateral and charge the property owner for the cost and expenses incurred by the Authority to replace the private sewer service lateral. In the event that satisfactory payment arrangements are not agreed upon between the Authority and property owner, the Authority may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[2] and/or pursue other legal remedies for the collection of same.
[2]
Editor's Note: See 53 P.S. § 7101 et seq.
G. 
The property owner shall permit the designated employees or agents of the Authority access during reasonable hours of the day to all parts of the property to make necessary inspections and observations.
A. 
All users of the system shall, upon notice from the Authority that it intends to replace or repair a sewer conveyance line to which the user's private sewer service lateral is connected, make an appointment, within 30 days of being notified, with the Authority to allow the user's private sewer service lateral to be inspected in accordance with the terms and conditions set forth herein; in accordance with the terms and conditions of the ordinances of the Borough and the standard specifications governing connection to and use of the sanitary sewage collection system of the Authority, including, but not limited to, the requirements set forth herein; the requirements of Borough Code, Chapter 71;[1] as well as the rules, regulations, and resolutions of the Authority.
[1]
Editor's Note: See Ch. 71, Uniform Construction Codes.
B. 
If, upon completion of an inspection, the lateral is found to be defective, based upon the Authority's rules, specifications, regulations, and resolutions and/or sound engineering practice, the lateral pipe shall be replaced or realigned. At the sole discretion of the Authority, limited permission for spot and/or minor repairs and maintenance may be granted. The pipe replacement/realigning/spot repair shall be performed by a master plumber or utility contractor in accordance with Borough Code Chapter 71; as well as the rules, regulations, and resolutions of the Authority.
C. 
The purpose of the inspection required by this article is to locate any inflow and infiltration into the private sewer service lateral; to make sure that there are not any holes or damage in or to the private sewer service lateral; to verify that all cleanouts and/or vents are properly capped and not damaged; and to identify any clay or older private sewer service laterals.
D. 
The Authority shall not charge the user for the inspection required by this § 128-12.
E. 
In the event that the property owner fails to replace the private sewer service lateral as required by Subsection B above, the Authority shall be authorized as permitted by law to go onto the property and replace the private sewer service lateral and charge the property owner for the cost and expenses incurred by the Authority to replace the private sewer service lateral. In the event that satisfactory payment arrangements are not agreed upon between the Authority and property owner, the Authority may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[2] and/or pursue other legal remedies for the collection of same.
[2]
Editor's Note: See 53 P.S. § 7101 et seq.
F. 
The property owner shall permit the designated employees or agents of the Authority access during reasonable hours of the day to all parts of the property to make necessary inspections and observations.
A. 
All users of the system shall, upon notice from the Authority that it intends to perform inspections of the sanitary sewer system in their area, make an appointment, within 30 days of being notified, with the Authority to allow the user's private sewer service lateral to be inspected in accordance with the terms and conditions of the ordinances of the Borough and the standard specifications governing connection to and use of the sanitary sewage collection system of the Authority, including, but not limited to, the requirements as set forth herein; Schwenksville Borough Code, Chapter 71;[1] as well as the rules, regulations, and resolutions of the Authority.
[1]
Editor's Note: See Ch. 71, Uniform Construction Codes.
B. 
If, upon completion of an inspection the lateral is found to be defective, based upon the Authority's rules, specifications, regulations, and resolutions and/or sound engineering practice, the lateral pipe shall be replaced or realigned. In the sole discretion of the Authority, limited permission for spot and/or minor repairs and maintenance may be granted. The pipe replacement/realigning/spot repair shall be performed by a master plumber or utility contractor in accordance with Borough Code, Chapter 71; as well as the rules, regulations, and resolutions of the Authority.
C. 
The purpose of the inspection required by this article is to locate any inflow and infiltration into the private sewer service lateral; to make sure that there are not any holes or damage in or to the private sewer service lateral; to verify that all cleanouts and/or vents are properly capped and not damaged; and to identify any clay or older private sewer service laterals.
D. 
The Authority shall not charge the user for the inspection required by this § 128-13.
E. 
In the event that the property owner fails to replace the private sewer service lateral as required by Subsection B above, the Authority shall be authorized as permitted by law to go onto the property and replace the private sewer service lateral and charge the property owner for the cost and expenses incurred by the Authority to replace the private sewer service lateral. In the event that satisfactory payment arrangements are not agreed upon between the Authority and property owner, the Authority may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[2] and/or pursue other legal remedies for the collection of same.
[2]
Editor's Note: See 53 P.S. § 7101 et seq.
F. 
The property owner shall permit the designated employees or agents of the Authority access during reasonable hours of the day to all parts of the property to make necessary inspections and observations.
At all times, it shall be the responsibility of the user to maintain, repair, and replace all the cleanouts along his/her private sewer service lateral, including the cleanout at the right-of-way, or curbline, or the edge of the pavement, whichever applies.
A. 
In the event a user refuses to comply with any of the terms or conditions of §§ 128-11 through 128-14, above, a surcharge of $25 per month shall be imposed in addition to all other charges authorized and imposed under any applicable Resolutions of the Authority commencing at the next billing period following the date of such failure to comply. Should a user continue to refuse to comply for a period of 60 days after the final notice of noncompliance, the surcharge shall be increased to $50 per month.
B. 
In the event a user complies with the inspection requirements of §§ 128-11 through 128-14, above, and the Authority determines that the buildings and/or appurtenances of said user are not in compliance, then and in such event, the Authority by its designated employee shall provide written notice to the user, who shall be required to commence compliance with the applicable provisions set forth herein; Schwenksville Borough Code, Chapter 71;[1] as well as the rules, regulations, and resolutions of the Authority, within 45 days of the date of the notice.
[1]
Editor's Note: See Ch. 71, Uniform Construction Codes.
C. 
In the event that the building and/or appurtenances of the user are still determined not to be in compliance with the article set forth herein, and any amendments thereto; Schwenksville Borough Code, Chapter 71; or the rules, regulations, and resolutions of the Authority, and the time period for the commencement of corrective work expires, and the user refuses or fails to bring the buildings and/or appurtenances in compliance with this article, a surcharge of $50 per month as per Subsection A per billing account for such user shall be imposed, in addition to all other charges authorized and imposed under any applicable resolutions of the Authority commencing at the next billing period following the date of the inspection or testing by the Authority or such noncompliance was determined, for permitting such violation to continue to exist.
D. 
The surcharge referred to herein shall be removed only upon the following conditions:
(1) 
The user utilizing the system executes a grant of inspection to the Authority; and
(2) 
The Authority or its authorized agents inspects and/or performs tests on the building and/or appurtenances connected to the system and determines that the buildings and/or appurtenances connected to the system are compliant; or
(3) 
Under any of these conditions, surcharges will continue to be billed to the user until the date when the buildings and/or appurtenances in question are determined to be in compliance.
E. 
In the event a user is found to be in compliance and subsequent inspections and/or tests determine that noncompliance now exists, the terms and provisions of § 128-15, shall be applicable, except that, in addition to the surcharge being charged in accordance with § 128-15C, if any, the user shall also be liable for the payment of a sum equal to the number of the months since the original determination of compliance was made, multiplied by the monthly surcharge amount provided for in § 128-15C, for knowingly, willfully and/or intentionally creating or permitting such violation to commence and continue. A noncompliance reoccurs when a reconnection of a sump pump or other prohibited connection is discovered with the performance of a subsequent inspection.
In the event a user is found to be in a state of noncompliance of a second or subsequent time, then the user shall be liable for the payment of a sum equal to $1,000 per day, plus an amount equal to the sum of the months since the original noncompliance was corrected (and if never corrected, from the date of such noncompliance determination), multiplied by the monthly surcharge amount provided for in § 128-15A or C, for knowingly, willfully, and/or intentionally permitting such violation to commence and continue.
Any user violating any of the provisions of this article shall be liable to the Borough and/or the Authority for any expenses, costs, and fees, including, but not limited to, reasonable attorneys' fees, occasioned or caused to the Borough by reason of seeking enforcement of such article against the violator, as well as for any losses or damages occasioned or caused to the Borough and/or the Authority by reason of such violation.
The Borough and/or the Authority shall have full power and authority to invoke any legal, equitable, or special remedy for the enforcement of this article.
This article shall be deemed supplemental to all other ordinances and provisions thereof for enforcement and compliance purposes, and shall not be deemed to amend or rescind said other ordinances and provisions; further, that any fines, fees, charges, or penalties levied or imposed pursuant to this article shall be in addition to any fines, fees, charges, or penalties levied or imposed pursuant to all other ordinances and provisions thereof.