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Home My WebLink AboutLetterkenney Sewage Ordinance MAR-29-2012 10: 13 From:LETTERKENNY TOWNSHIP 7175327134 To:2648667 P.2'14 LETTERKENNY TOWNSHIP FRANKLIN COUNTY,PENNSYLVANIA ORDINANCE NO, 1-2007 AN AMENDMENT TO ORDINANCE 1980-1,OF THE BOARD OF SUPERVISORS OF LETTERICENNY TOWNSITYP REQUIRING ALL OWNERS OF IMPROVED PROPERTY LOCATED WITHIN THE LETTERKENNY TOWNSHIP ACCESSIBLE TO AND WHOSE PRINCIPAL BUILDING IS WITHIN 300 FEET FROM THE SEWER SYSTEM TO BE ACQUIRED AND TO BE CONSTRUCTED BY LETTERKENNY TOWNSHIP MUNICIPAL AUTHORITY TO CONNECT SUCH IMPROVED PROPERTY WITH AND TO USE SUCH SEWER SYSTEM. SECTION 2.01-Amended Section MAR-29-2012 10:13 Fr om:LETTERKENNY TOWNSHIP 7175327134 To:2648667 P.4'14 • TOWNSHIP OF LETTERKENNY ' Franklin County, Pennsylvania ORDINANCE NO. 1980 - AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF LETTERKENNY, FRANKLIN COUNTY, PENNSYLVANIA, REQUIRING ALL OWNERS OF IMPROVED PROPERTY LOCATED WITHIN THIS TOWNSHIP AND ACCESSIBLE TO AND WHOSE PRINCIPAL BUILDING IS WITHIN T _FEET FROM THE Se( ft ( 'e. SEWER SYSTEM TO BE ACQUIRED AND Td'gE-"CONSTRUCTED /9/1».-E...w BY LETTERKENNY TOWNSHIP MUNICIPAL AUTHORITY TO /-07007 CONNECT SUCH IMPROVED PROPERTY WITH AND TO USE SUCH SEWER SYSTEM; REGULATING THE MANNER OF MAKING SUCH CONNECTIONS; AUTHORIZING THIS TOWNSHIP TO MAKE CONNECTIONS AT THE COST AND EXPENSE OF ANY OWNER OF IMPROVED PROPERTY FAILING TO MAKE SUCH CONNECTION; ADOPTING CERTAIN RULES AND REGULATIONS AND PROVIDING FOR ADOPTION OF ADDITIONAL RULES AND REGULATIONS ; PROHIBITING THE CONNECTION OF PRIVY VAULTS , CESSPOOLS , SINKHOLES, SEPTIC TANKS AND SIMILAR RECEPTACLES TO ANY SEWER; PROHIBITING THE MAINTENANCE OF CERTAIN ' RECEPTACLES AND REQUIRING ABANDONMENT THEREOF WHERE A SEWER IS AVAILABLE; SETTING FORTH RELATED MATTERS ; AND PRESCRIBING PENALTIES FOR VIOLATIONS . • • The Board of Supervisors of the Township of Letterkenny, Franklin County, Pennsylvania, enacts and ordains as follows : • .._.._...__._... .._ MAR-29-2012 10: 14 From:LETTERKENNY TOWNSHIP 7175327134 To:2648667 P.5/14 • ARTICLE I DEFINITIONS SECTION 1 . 01 . Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases • used in this Ordinance shall be as follows : A. "Authority" shall mean Letterkenny Township Municipal Authority, a municipality authority of the Commonwealth. B. "Building Sewer" shall mean the extension from the sewage drainage system of any structure to the Lateral of a Sewer and shall include any existing sewer line which shall continue as part of' a Building Sewer. C. "Commonwealth" shall mean the Commonwealth of Pennsylvania. • D. "Improved Property" shall mean any property within this 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 Sanitary Sewage and/or Industrial Wastes shall be or may be discharged. • E. "Industrial Establishment" shall mean any Improved Property located within this Township and used or intended for use , wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article , or any other Improved Property located within this Township from which wastes , in addition to or other than Sanitary Sewage, shall be discharged. -2- MAR-29-2012 10: 14 From:LETTERKENNY TOWNSHIP 7175327134 To:2648667 P.6'14 F. "Industrial Wastes" shall mean any and all wastes discharged from an Industrial Establishment other than Sanitary Sewage. G . "Lateral" shall mean that part of the Sewer System extending from a Sewer to the curb line or, if there shall be no curb line, to the property line or , if no such Lateral shall be provided, . then "Lateral" shall mean that portion of , or place in, a Sewer which is provided for connection of any Building Sewer. H. "Owner" shall mean any Person vested with ownership, legal or equitable, sole or partial , of any Improved Property_ I . "Person" shall mean any individual , partnership. company, association, society, trust , corporation or other group or entity. J_ "Sanitary Sewage" shall mean normal water-carried household and toilet wastes from any Improved Property, including such ground, surface or storm water as may be present. K. "Sewer" shall mean any pipe or conduit constituting a part of the Sewer System used or usable for sewage collection purposes . L. "Sewer System" shall mean all facilities , as of any particular time, for collecting, pumping, transporting, treating and disposing of Sanitary Sewage and/or Industrial Wastes situate in or adjacent to this Township and owned by the Authority. M. "Street" shall mean and shall include any street, road, , lane , court , cul-de-sac , alley, public way or public square. -3- MAR-29-2012 10:14 From:LETTERKENNY TOWNSHIP 7175327134 To:2648667 P.7'14 ■ N. "Township" shall mean the Township of Lerrrrkcnny , Franklin County , Pent►`.J). ',ar, i :a , :i m.)01 , i p:, l r.1 I . Commonwealth, acting by and through its Board of Supervisors or , • in appropriate cases , acting by and through officials or employees empowered to so act by the Board of Supervisors. ARTICLE II USE OF PUBLIC SEWERS REQUIRED SECTION 2. 01. The Owner of any Improved Property laccessible to and whose principal building is within feet from the Sewer System acquired or constructed by the Authority shall connect such Improved Property with and shall use such Sewer System, in such manner as may be required, within 60 days after notice to such Owner from this Township to make such connection, for the purpose of discharge of all Sanitary Sewage and Industrial Wastes from such Improved Property; subject , however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township from time to time. SECTION 2. 02. All Sanitary Sewage and Industrial Wastes from any Improved Property , after connection of such Improved Property with a Sewer , shall be required, under Section 2. 01. to be conducted into a Sewer; subject, however , to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township from time to time. -4- MAR-29-2012 10:14 From:LETTERKENNY TOWNSHIP 7175327134 To:2648667 P.8/14 ti SECTION 2. 03 . No Person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within this Township any Sanitary Sewage or Industrial Wastes in violation of Section 2. 01. No Person shall discharge or shall permit to be discharged to any natural outlet within this Township any Sanitary Sewage or Industrial Wastes in violation of Section 2. 01 , except where suitable treatment has been provided which is satisfactory to this Township and appropriate state and federal agencies. SECTION 2 . 04. No privy vault , cesspool, sinkhole , septic tank or similar receptacle shall be used or shall be maintained at any time upon any Improved Property which has been connected to a Sewer or which shall be required under Section 2. 01 to be connected to a Sewer. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and , at the discretion of this Township , shall be cleansed and shall be filled, at the expense of the Owner of such Improved Property , under the direction and supervision of this Township ; and any such privy vault , cesspool , sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Township , not cleansed and filled, shall constitute a nuisance, and such nuisance may be abated, as provided by law, at the expense of the Owner of such Improved Property . SECTION 2.05. No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a Sewer. -5_ MAR-29-2012 10:14 From:LETTERKENNY TOWNSHIP 7175327134 To:2648667 P.9/14 SECTION 2 . 06. The notice by this Township to make a connection to a Sewer , referred to in Section 2. 01 , shall consist of a copy of this Ordinance, including any amendments and/or supplements at the time in effect , or a summary of each Section hereof , and a written notification requiring the connection in accordance with the provisions of this Ordinance and specifying that such connection shall be made within 60 days after the date such notice is given or served. Such notice may be given 'or served at any time after a Sewer is in place which can receive and can convey Sanitary Sewage and Industrial Wastes for treatment and disposal from the particular Improved Property. Such notice shall be given or served upon the Owner in accordance with law. ARTICLE III BUILDING SEWERS AND CONNECTIONS SECTION 3 . 01. No Person shall uncover , shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner , any sewer or any part of the Sewer System without first obtaining a permit from the Authority. SECTION 3. 02. All Building Sewers and connections shall conform to and be governed by the rules , regulations and specifications adopted by the Authority. Section 3. 03. Application for a permit required under . Section 3.01 shall be made by the Owner of the Improved Property served or to be served or by the duly authorized agent of such Owner. -6- MAR-29-2012 10:19 From:LETTERKENNY TOWNSHIP 7175327134 To:2648667 P.9'14 SECTION 2. 06. The notice by this Township to make a connection to a Sewer , referred to in Section 2 . 01 , shall consist of a copy of this Ordinance, including any amendments and/or supplements at the time in effect , or a summary of each Section hereof , and a written notification requiring the connection in accordance with the provisions of this Ordinance and specifying that such connection shall be made within 60 days after the date such notice is given or served. Such notice may be given 'or served at any time after a Sewer is in place which can receive and can convey Sanitary Sewage and Industrial Wastes for treatment and disposal from the particular Improved Property. Such notice shall be given or served upon the Owner in accordance with law. ARTICLE III BUILDING SEWERS AND CONNECTIONS SECTION 3 . 01 . No Person shall uncover , shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner , any sewer or any part of the Sewer System without first obtaining a permit from the Authority. SECTION 3. 02. All Building Sewers and connections shall conform to and be governed by the rules , regulations and specifications adopted by the Authority. Section 3. 03. Application for a permit required under . Section 3.01 shall be made by the Owner of the Improved Property served or to be served or by the duly authorized agent of such Owner. -6- MAR-29-2012 10: 19 From:LETTERKENNY TOWNSHIP 7175327134 To:2648667 P. 10'14 SECTION 3. 04. No Person shall make or shall cause to be made a connection of any Improved Property with a Sewer until such Person shall have fulfilled each of the following conditions : • A. Such Person shall have notified the Authority of the desire and intention to connect such Improved Property to a Sewer. B. Such Person shall have applied for and shall have obtained a permit as required by Section 3. 01 . C. Such Person shall have given the Authority at least 24 hours notice of the time when such connection will be made so that the Authority may supervise and inspect the work of connection and necessary testing. D. Such Person shall have furnished satisfactory evidence that any tapping (or connection) fee charged and imposed by the Authority against the Owner of each Improved Property who connects such Improved Property to a Sewer has been paid. SECTION 3 . 05. All costs and expenses of construction of a Building Sewer and all costs and expenses of connection of a Building Sewer to a Sewer shall be borne by the Owner of the Improved Property to be connected; and such Owner shall indemnify and shall save harmless this Township and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a Building Sewer or of connection of a Building .Sewer to a Sewer. -7- MAR-29-2012 10:23 From:LETTERKENNY TOWNSHIP 7175327134 To:2648667 P.10'14 SECTION 3. 04. No Person shall make or shall cause to be made a connection of any Improved Property with a Sewer until such Person shall have fulfilled each of the following conditions : A. Such Person shall have notified the Authority of the desire and intention to connect such Improved Property to a Sewer. B. Such Person shall have applied for and shall have obtained a permit as required by Section 3. 01. C. Such Person shall have given the Authority at least 24 hours notice of the time when such connection will be made so that the Authority may supervise and inspect the work of connection and necessary testing. D. Such Person shall have furnished satisfactory evidence that any tapping (or connection) fee charged and imposed by the Authority against the Owner of each Improved Property who connects such Improved Property to a Sewer has been paid. SECTION 3 . 05. All costs and expenses of construction of a Building Sewer and all costs and expenses of connection of a Building Sewer to a Sewer shall be borne by the Owner of the Improved Property to be connected; and such Owner shall indemnify and shall save harmless this Township and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a Building Sewer or of connection of a Building .Sewer to a Sewer. -7- MAR-29-2012 10:35 From:LETTERKENNY TOWNSHIP 7175327134 To:2648667 P.1/5 SECTION 3. 06. A Building Sewer shall be connected to a Sewer at the place designated by the Authority_ SECTION 3. 07 . If the Owner of any Improved Property abutting on or adjoining any Street in which a Sewer constituting part of the Sewer System is located, after 60 days notice from this Township requiring the connection of such property to the Sewer System, shall fail to connect such Improved Property, as required, this Township may make such connection and may collect from such Owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law. SECTION 3. 08 . Every Building Sewer hereafter constructed shall meet standards of construction and conditions imposed by the Authority, duly adopted and promulgated. No Building Sewer hereafter constructed or uncovered shall be covered until it has been inspected and approved by the Authority. If any part of a Building Sewer hereafter constructed or uncovered is covered before so being inspected or approved, it shall be uncovered for inspection, at the cost and expense of the Owner of the Improved Property to be connected to a Sewer. SECTION 3. 09 . Every Building Sewer of any Improved Property shall be maintained in a sanitary and safe operating condition by the Owner of such Improved Property. -8- MAR-29-2012 10:35 From:LETTERKENNY TOWNSHIP 7175327134 To:2648667 P.2/5 SECTION 3 . 10. Every excavation for a Building Sewer shall be guarded adequately with barricades and lights to protect all Persons from damage and injury. Any street , sidewalk and other public property disturbed in the course of installation of a Building Sewer shall be restored, at the cost and expense of the Owner of the Improved Property being connected, in a manner satisfactory to this Township. ARTICLE IV ENFORCEMENT SECTION 4.01. Any Person who shall violate this Ordinance shall be liable , upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine of not less than $50. 00 nor more than $100. 00, together with costs of prosecution in each case. Each day that a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such. SECTION 4. 02 . Fines and costs imposed under provisions of this Ordinance shall be enforceable and recoverable in the manner at the time provided by law. ARTICLE V EFFECTIVE DATE • SECTION 5. 01. This Ordinance shall become effective in accordance with law. -9- ....... .. .. ... .... . . MAR-29-2012 10:35 From:LETTERKENNY TOWNSHIP 7175327134 To:2648667 P.3'5 ARTICLE VI SEVERABILITY SECTION 6. 01. In the event any provision, section . sentence , clause or part of this Ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence , clause or part of this Ordinance , it being the intent of this Township that such remainder shall be and shall remain in full force and effect. ARTICLE VII DECLARATION OF PURPOSE SECTION 7 . 01. It is declared that enactment of this Ordinance is necessary for the protection, benefit and preservation of the health , safety and welfare of inhabitants of this Township. ARTICLE VIII REPEALER SECTION 8. 01 . All ordinances or parts of ordinances and all resolutions or parts of resolutions which are inconsistent with this Ordinance shall be and the same expressly are repealed. DULY ENACTED AND ORDAINED this ,D` • day of . 1980 , by the Board of Supervisors of the Township of Letterkenny, Franklin County, Pennsylvania, in lawful session duly assembled. TOWNSHIP OF LETTERKENNY ATTEST : Franklin County , Pennsylvania Se ary Chairman o the Board of Supervisors (SEAL) -10- MAR-29-2012 10:35 From:LETTERKENNY TOWNSHIP 7175327134 To:2648667 P.4'5 CERTIFICATE I , the undersigned , Secretary of the Township of Letterkenny , Franklin County, Pennsylvania (the "Township") , certify that : the foregoing is a true and correct copy of an Ordinance which duly was enacted by the Board of Supervisors of the Township , in accordance with law, at a public meeting duly held on N o 4._ 1 Q � Piet said Ordinance has been certified and recorded by me , as Secretary of the Township , in the book provided for the purpose of such recording; said Ordinance, upon enactment , as aforesaid, was assigned Ordinance No. 1980 - / ; said Ordinance has been advertised as required by law; and said Ordinance has not been amended, altered or repealed, as of the date of this Certificate . IN WITNESS WHEREOF, I set my hand and affix the official seal of the Township this / day of .'"' , 19 Sb. Bev- ' k3c"1.Ub Township ecretary (SEAL)