Township of Cheltenham, PA Article III Connections

§ 238-14 When connections required.

A. Whenever any portion of the sewer system of the Township of Cheltenham, including any branch or extension of the same, has been completed and is ready for public use, it shall be the duty of the Township to cause a printed or written notice of the completion of such sewer, together with a copy of this chapter, to be served in the manner hereinafter provided on the owner of each property abutting on the highway, road, street or walk along which such sewer has been laid; such notice in each instance shall state that it is the duty of such owners to cause the buildings erected on their premises requiring sewage drainage and situate within 200 feet of such sewer to be connected therewith at their own expense and subject to the payment of the annual sewer rental for the use of the same; and that, upon the failure of any such owner to comply with the requirements of such notice and of this article, the Township will cause such connection to be made at the expense of such owner, who shall thereupon also become subject to a penalty or fine as set forth in § 238-26.

[Amended 11-21-1995 by Ord. No. 1846-95]

B. It shall be the duty of every owner of premises abutting on any such sewer, within 60 days of the service of such notice as aforesaid, or, in the case of the erection of a new building on any such premises after the sewer has been made ready for public use, then within 60 days from the completion of such new buildings, to cause each old or new building thereon erected requiring sewage drainage and located within 200 feet of such sewer to be separately connected therewith, unless special permission to the contrary shall have been granted by the Township, provided that, in every instance, all connections shall be made directly to the sewer and not through any intermediate well; and provided, further, that from and after the expiration of 60 days from the notice of the completion of any such sewer as aforesaid, no well shall be used for sewerage drainage from any building within 200 feet from such sewer.

C. If at any time the Township shall deem it necessary for the public health to require that any buildings erected on premises abutting on, adjoining or adjacent to any township sewer, wheresoever any such building may be located on such premises, shall be connected with such sewer, the Township shall report the matter to the Board of Township Commissioners; and, after receiving the approval and authorization of said Board in any such case, shall thereupon cause to be served upon the owner or owners of any such building, in the manner hereinafter provided, a copy of this article and a printed or written notice directing that the necessary connections be made within 60 days from the date of its service, such notice to be similar in form to that referred to in Subsection A of this section.

D. Upon the failure of any owner or premises situate along the line of a township sewer, who has been duly notified as hereinbefore provided, to cause any building or buildings erected on such premises to be connected with any such sewer to comply with the requirements of any such notice or with the provisions of this article, the Township shall report such failure to the Board of Township Commissioners, and, if said Board shall then so direct, the Township shall cause the necessary connections to be made, and upon completion of the work for the same, shall render a bill covering the cost of said work to the owner of such premises, and file a duplicate thereof with the Township Treasurer, to whom such bill shall be made payable for the use of the Township. All such bills shall contain a notice that if said bills are not paid within 30 days after the date thereof, the same will be collected in the manner provided by law. Upon the expiration of 30 days after said bills shall have been rendered to the owners of such premises, it shall be the duty of the Township Treasurer to refer to the Township Solicitor all such bills remaining unpaid, and the Township Solicitor shall thereupon take the necessary steps to effect the collection of such unpaid bills in the manner provided by law.

E. Whenever the Township shall be required by any of the provisions of this article to serve any notice on any property owner, such service shall be deemed sufficient for all purposes if such notice shall have been left with the property owner personally or left with the known agent or occupant of the premises or, if there be no agent or occupant known to the Township, then if the same shall have been posted on the premises.

F. Any property owner, or any other person, who shall fail to comply with any of the requirements of any permit or of this article or shall fail to comply with any rule or regulation of the Township concerning the manner of making connections to the Township sewer or the use of the same or who shall in any way violate any of the provisions of this article shall be liable on conviction thereof to a fine or penalty as set forth in § 238-26 for each and every offense. Whenever any such property owner, or other person, shall have been notified by the Township or by the services of summons in a prosecution or in any other way that a violation of this article or of the rules and regulations of the Board of Township Commissioners or of the Township is being committed by him or them, each day in which he or they shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines and penalties are now by law collective.

[Amended 11-21-1995 by Ord. No. 1846-95]

§ 238-14.1 Maintenance.

[Added 4-16-1996 by Ord. No. 1860-96; amended 4-18-2000 by Ord. No. 1960-00]

A. The owner shall restore all disturbed areas on private property to original or better condition.

B. If a contractor is engaged to repair or replace a building sewer, the contractor shall obtain a plumbing permit for the work prior to commencing work. The fee for said plumbing permit shall be set forth from time to time by resolution of the Board of Commissioners.

C. If a contractor is engaged to rod or clear a building sewer (by whatever means), the contractor shall notify the Township within 48 hours of the commencement of work (preferably prior to the commencement of work).

D. If the Township determines that a lateral from a house or building is blocked with roots, the Township will notify the owner, and the owner shall arrange to have the lateral cleaned within 30 calendar days of the date of notification by a private contractor. The private contractor or owner shall notify the Township at least 48 hours prior to the commencement of work.

E. When a lateral is cleaned, the cleaning shall commence from inside the house or building and proceed towards the connection to the Township sewer in order to ensure that the entire lateral is cleaned.

§ 238-14.2 Sanitary sewer laterals.

[Added 12-21-2016 by Ord. No. 2336-16]

A. Definitions. For the purposes of this chapter, the following words will have the meanings set forth hereafter:

CARTWAY

The portion of a street or alley intended for vehicular use.

EXTRANEOUS WATER

Water other than wastewater, including, but not limited to, stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, drainage from cellar or French drains, sump pump discharge, swimming pool drainage, condensate de-ionized water, and/or noncontact cooling water.

OWNER

The title holder of the property within or under which the sanitary sewer lateral runs including, but not limited to, individuals and entities, residential and nonresidential, for profit and not-for-profit, as well as homeowner associations and condominium associations.

REGULATIONS

Rules and regulations promulgated by the Township Board of Commissioners in support of this chapter and the purposes of the chapter.

SANITARY SEWER LATERAL

A service line which transports or which is designed to transport wastewater from an individual building or buildings to a sewer main.

SEWAGE

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 substances being harmful or inimical to public health or to animal or aquatic life or to the use of water for domestic supply or for recreation or which constitutes pollution under the Pennsylvania Clean Streams Law[1] including, but not limited to, human excrement and gray water (wastewater from household showers, dishwashing operations and similar sources).

SEWER

A pipe or drain used to carry off liquid and solid sewage.

SEWER MAIN

A publicly owned sanitary sewer conveyance line contained within or under the cartway or a public right-of-way. Such lines are generally eight inches in diameter or larger.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snow-melt.

TOWNSHIP

Cheltenham Township, Montgomery County, Pennsylvania, or its contractor.

TOWNSHIP ENGINEER

The Township Engineer or his/her designee.

VIDEO and RECORDING (Sometimes used herein in the past tense and other tenses as well)

Closed circuit digital video and recording.

WASTEWATER

Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions and other nonresidential uses, whether treated or untreated.

[1] Editor's Note: See 35 P.S. § 691.1 et seq.

B. Inspection of sanitary sewer laterals.

(1) The Township may perform inspections to confirm the integrity of its sanitary sewer system, including inspection by video and recording, and/or other inspection techniques. Such inspections will involve the sanitary sewer laterals as well as the connection of sanitary sewer laterals to the sewer main. The Township will provide written notice of an impending inspection of a sanitary sewer lateral to the owner, no less than 15 days prior to such inspection, by first class mail to the address set forth in Township records where local tax bills are sent. If the Township performs an inspection by video and recording of a portion of a sanitary sewer lateral, the Township will provide the owner with a copy of the inspection report as part of the second component of the two-part program referred to in the recitals of this chapter.

(2) An owner who prefers to obtain their own video and recording of their sanitary sewer lateral, or who efobjects to the proposed video and recording of their sanitary sewer lateral by the Township, shall provide written notice to the Township of the preference and/or objection, setting forth their intention to do the video and recording themselves, which must be received by the Township within 15 days of the mailing of notice from the Township that the owner's sanitary sewer lateral will be inspected by video and recording and/or other inspection techniques. Such an owner shall be responsible to have their sanitary sewer lateral videoed and recorded at their sole cost and expense and shall provide an original recording of such video and recording to the Township Sewer Department, recorded and produced in strict accordance with the regulations, within 60 days of the mailing of such notice of preference and/or objection. If such owner complies with this Subsection B and the regulations pertaining to video and recording, the Township will not video and record the applicable sanitary sewer lateral of the owner. If the owner fails to comply strictly with the regulations, additional video and recording shall be undertaken and completed by the owner until the video and recording strictly complies with such regulations in the exclusive determination of the Township Engineer. The Township Engineer's determination shall be based upon the regulations pertaining to video and recording of same. An owner who has provided written notice to the Township as provided herein that they prefer to obtain their own video and recording of their sanitary sewer lateral, or who objects to the proposed video and recording of their sanitary sewer lateral by the Township, but fails to comply with this Subsection B after 10 days' written notice to so comply, mailed to the address described above, shall be deemed to have provided consent for the video and recording and inspection of their sanitary sewer lateral by the Township, and the Township may thereafter perform such video and recording and inspection without further notice to the owner.

C. Prohibition of sources of inflow. A downspout, drain, water line, hose, or other connection which allows extraneous water to enter a sanitary sewer lateral and/or the sewer main is prohibited, and shall be repaired and/or replaced so that the extraneous water can no longer enter the sanitary sewer lateral and the sewer main. If the Township identifies the existence of such a prohibited connection and notifies the owner, the owner shall complete the repair or replacement to become compliant with this subsection within 60 days of such notice.

§ 238-14.3 Remedies.

[Added 12-21-2016 by Ord. No. 2336-16]

A. Remedies: civil penalty and other remedies. The Township reserves the right to resolve any dispute between an owner and the Township regarding enforcement of this chapter on terms other than those set forth in this section by an agreement with the owner. Any person who violates § 238-14.2C of the Code, whether intentionally or through neglect or omission, shall, if judgment is entered against them, be responsible to pay a civil penalty not to exceed $1,000 per violation, plus costs of suit and/or shall be subject to all other remedies available to the Township. Each day that a violation occurs shall constitute a separate violation.

B. Remedies cumulative. The remedies set forth in this subsection are cumulative and in addition to, not exclusive of or in substitution for, any other remedies, at law or equity, otherwise available to the Township.

C. Civil penalty related to violation of § 238-14.2B(2). If an owner who provides written notice of a preference or an objection to the Township under § 238-14.2B(2) does not thereafter comply with that subsection or the regulations pertaining to video and recording, in addition to other penalties provided for herein, if judgment is entered against such owner, then such owner shall be responsible to pay a civil penalty of $100 plus costs of suit and shall be subject to all other remedies available to the Township.

§ 238-15 Payment of assessment required prior to connection.

No connection between any property and any township sewer shall be permitted or made under any circumstances unless and until the assessment against said property therefor shall have been paid.

§ 238-16 Connection of property on township line.

In all cases where the Township sewer lies in any road dividing this township from another municipality and no provision has been made with such other municipality for the joint ownership or control of said sewer, the owners of property lying outside the Township desiring to connect therewith may be permitted so to do before the payment of the cost of said sewer computed according to the foot frontage of said property abutting thereon and upon the owner entering into an agreement to pay the annual service rental herein fined, in form as prescribed by the Township, subject to discontinuances if default shall be made therein.

§ 238-17 Connection by owners not abutting sewer; liens.

A. No owner shall be permitted to connect with the outfall sewer except upon the conditions and payments hereafter prescribed by the Township. Owners of property in the Township, not abutting on any sewer and not assessed therefor, shall only be permitted to connect with the sewer upon making payments and complying with the terms and regulations prescribed by the Township.

B. No property situate in the Township of Cheltenham which does not abut upon a sanitary sewer shall be permitted to connect into the Township sewer system at any point unless the property owner enters into an agreement with the Township binding upon the owner, his successors, heirs and assigns by which he authorizes and empowers the Township to assess said property for the cost of construction at any time thereafter a sanitary sewer abuts said property, said assessment to be in accordance with the foot front rule, and provided further that in the event said assessment is not paid, the Township may lien the property in the manner in which municipal claims are liened as provided by law.

§ 238-18 Application for connection; conditions.

All connections of properties with said sewers shall be made only upon application or permit in prescribed form and shall be made in accordance with such rules and regulations and upon such terms and conditions as the Township shall from time to time adopt and prescribe and the Board of Commissioners shall approve. Said township is hereby directed to adopt and from time to time change said rules and terms, and the same when promulgated by the Township and approved shall have the same force and effect as if set out at length in this article.

§ 238-19 Cost of connection.

[Amended 11-21-1995 by Ord. No. 1846-95]

The township is further authorized at its discretion to provide for the construction by the Township Engineer of private lateral connection in public streets at the expense of the property owner applying for such connection and charges, to be set forth from time to time by resolution of the Board of Commissioners, shall be made therefor.[1]

[1] Editor's Note: See also Ch. A300, Fees.

§ 238-20 Garbage grinders. [1]

A. No person shall install or use or, if already installed, shall continue to use, except as hereinafter provided, any domestic garbage grinder unless he shall obtain a permit therefor from the Township of Cheltenham; provided that no such permit shall be granted and the installation and use shall not be permitted for any such domestic garbage grinder when connected with a sewer unless the Sewer Engineer shall certify that said sewer is actually connected to the Township of Cheltenham sewage system and that the proposed installation and use conforms to the regulations and requirements of the Township of Cheltenham.

B. Any person desiring to install or use or to continue to use any domestic garbage grinder shall make application to the Township of Cheltenham on a form to be furnished by the Township showing the location of the property in which the grinder is to be installed, used or continued to be used and the type of grinder installed or intended to be installed and giving such additional information as the Township, through its Sewer Engineer and Building Inspector, may require. If the application is approved, the Township shall issue a permit for such installation and use or continued use, provided that, before such permit is issued, the applicant shall pay a permit fee, to be set forth from time to time by resolution of the Board of Commissioners.[2]

[Amended 11-21-1995 by Ord. No. 1846-95]

[2] Editor's Note: See also Ch. A300, Fees.

[1] Editor's Note: See also Ch. 209, Plumbing Standards.

§ 238-21 Air conditioners.

No water used in the operation of and in conjunction with any air-conditioning system shall be discharged into the sewer system, except that home air conditioners may be discharged into the sewer system if they do not exceed a maximum of 20 gallons of water per day.

§ 238-22 Dumping or discharging sewage into system.

A. It shall be unlawful for any person or persons, association or corporation to dump or discharge in the sewage system or into any sewer manhole of the Township of Cheltenham any sewage without first securing from the Township a permit.

B. The township is authorized to issue permits to residents of the Township of Cheltenham, or their agents and employees, to permit the dumping of raw sewage from cesspools into manholes of the sewage system in the Township, provided that the tank trucks conveying said sewage are approved by the Township, are provided with airtight fillers and do not release sewage from said trucks through a hose having a larger diameter than five inches.

C. There shall be charged for every permit a fee, to be set forth from time to time by resolution of the Board of Commissioners.[1]

[1] Editor's Note: The fourth unnumbered paragraph of original Section 15-20, establishing penalties for dumping or discharging sewage, was deleted 11-21-1995 by Ord. No. 1846-95. See now § 238-26 of this chapter.

§ 238-23 (Reserved) [1]

[1] Editor's Note: Former § 238-23, Sewer rates, was repealed 11-20-2019 by Ord. No. 2394-19. This ordinance also repealed former § 238-23.1, Sewer charge adjustment, and provided that "(1) Such repeal shall not be effective until completion of the closing between the Township and Aqua Pennsylvania Wastewater, Inc. pursuant to that Asset Purchase Agreement dated June 22, 2018 ("Closing"); (2) to the extent that the Township attempts to collect amounts from delinquent customers or others for delinquencies incurred prior to Closing, including but not limited to delinquent accounts, rates, sewer rate charges based on water consumption, attorney’s fees, interest (whether incurred before or after Closing) and any other costs, penalties, late fees or charges, Sections 238.23, 238.23.1, 238-23A and 238.24 shall not be deemed repealed until all such funds are collected by the Township; and (3) subject to the other terms set forth in this Ordinance.

§ 238-24 (Reserved) [1]

[1] Editor's Note: Former § 238-24, Discount; penalty; interest, was repealed 11-20-2019 by Ord. No. 2394-19.

§ 238-25 Corner lot assessments.

When a lot or piece of land is on a corner, it shall be assessed for its frontage abutting on any sewer except when such property is a vacant lot or contains only a single-family dwelling in which case it shall be assessed along the shorter frontage and along the longer frontage abutting on the sewer, commencing at a point no closer to the corner than 125 feet.

§ 238-26 Violations and penalties.

[Amended 3-21-1989 by Ord. No. 1686; 11-21-1995 by Ord. No. 1846-95]

Any person or legal entity violating the provisions of this chapter or any of the rules and regulations prescribing the method of using or connecting with the Township's sewer system shall, upon summary conviction before a District Justice, pay a fine of not more than $600, together with costs of suit, collectible in the manner provided by law. Each violation after notice of an offense or service of a summons shall constitute a distinct and separate offense.