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Township of Caln, PA
Chester County
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Table of Contents
Table of Contents
[Adopted 3-27-1997 by Ord. No. 1997-2[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of former Art. I, Sewer Connections, adopted 1-23-1967 by Ord. No. 1967-2, as amended.
As used herein, the following terms shall have the meanings stated:
OCCUPIED BUILDING
Each structure for continuous or periodic human occupancy for which sanitary sewage is or may be discharged, including, without limiting the generality of the foregoing, dwellings, flats, apartments, stores, shops, offices and business or industrial establishments.
PERSON
Any individual, firm, company, association, society, partnership or corporation.
PROPERTY ACCESSIBLE TO A PUBLIC SEWER
Property which adjoins, abuts on or is adjacent to a public sewer or a street or highway in which a public sewer is located, but not including any property on which the principal occupied building is located more than 150 feet from a public sewer.
PUBLIC SEWER
Facilities, including any part of but not necessarily the entirety of a system of such facilities, operated by Caln Township for the collection of sanitary sewage within this Township. Such term includes lateral lines from a main street sewer to the curb or right-of-way line where such lateral lines are constructed by Caln Township.
SANITARY SEWAGE
The normal, water-carried drains and toilet wastes resulting from occupancy.
SEPARATE DELINEATED UNITS
A portion or part of a building or structure or a portion or part of land which is occupied and used by a tenant or owner of a condominium unit and which is separate and distinct from that of other units of use within the structure or upon the land.
Upon the completion of any public sewer, Caln Township, charged with the operation thereof, shall cause notice of that fact to be published once in a newspaper of general circulation in the Township, such notice to state that owners of property accessible to such sewer and upon which there is an occupied building are compelled to make connection therewith pursuant to this chapter. A copy of such notice, together with a copy of this chapter and any ordinance then in effect imposing sewer connection fees and sewer rents, shall be mailed to each person known to Caln Township to own property accessible to such sewer, but failure to mail such copies or a defect in the mailed copies or a defect in the mailing thereof shall not affect the validity of the notice.
A. 
Any person owning property accessible to a public sewer and upon which there is an occupied building shall, at his own expense, install sanitary facilities in such building and connect the same to the public sewer within 180 days after the property owner's receipt of written notice from the Township that the public sewer has been dedicated to the Caln Township Municipal Authority or the Township or within 180 days after the property has been posted with written notice that the public sewer has been dedicated to the Caln Township Municipal Authority or the Township, whichever date is earlier.
[Amended 1-26-2006 by Ord. No. 2006-3]
B. 
Any person owning property accessible to a public sewer and upon which an occupied building is hereafter erected shall, at the time of erection and at his expense, install sanitary facilities in such building and connect the same to the public sewer.
C. 
Persons owning properties not accessible to a public sewer and upon which there are occupied buildings more than 150 feet from such sewer, and persons owning properties not accessible to a public sewer, who are nevertheless able to arrange for connections thereto through intermediate properties, shall be permitted to make such connection.
A. 
It shall be unlawful for any person owning or occupying a property on which there is a building required to be connected to a public sewer under the provisions of § 128-3 hereof to construct or use on such property any privy, privy vault, cesspool, septic tank or other device for the disposal of sanitary sewage, and any such prohibited devices shall be cleaned and filled in with clean bank-run gravel or dirt within 90 days following the date on which the aforesaid connection is required to be made, provided that reinforced concrete septic tanks must be cleaned within the said period but need not be filled.
B. 
Any such privy, privy vault, cesspool, septic tank or other device constructed or used in violation hereof is hereby declared to be a nuisance, which shall be abated as provided by law.
No connection shall be made to any public sewer except upon payment of the prescribed connection fee and upon permit issued by Caln Township pursuant to rules and regulations regarding connections promulgated by Caln Township and approved by the Board of Commissioners. No person shall make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from Caln Township.
If any person required to make a connection to a public sewer by § 128-3 hereof fails to do so after reasonable notice and opportunity, Caln Township shall report such failure to the Board of Commissioners, which may proceed as permitted by law to enter upon the property, make such connection and collect the cost thereof by municipal lien or otherwise.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewerage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
Any person who shall violate any provisions of this chapter, as the same may now be or may hereafter be amended, or any order issued by any Township official pursuant to the provisions of this chapter, including but not limited to any person causing or suffering any unauthorized discharge or any person failing to install, within the time limits mandated by the order so to do, an approved sewer meter or other approved measuring device or any pretreatment facility for industrial waste shall, upon summary conviction before an issuing authority having jurisdiction thereof, be punished by a fine of not more than $1,000 for each offense. Each separate building, each separate dwelling unit and each separate discharge in respect to which a violation occurs and each separate seven-day period during which a violation continues shall be deemed a separate offense. Failure to pay sewer rents imposed under § 128-11 shall not be deemed a summary offense but shall be collected as by law and/or by ordinance provided.