Jenkintown Borough’s Use & Occupancy (U&O) ordinance was enacted in May 2017. The portion of the ordinance covering sewer lateral inspections has raised questions among members of our community. To clarify the provisions of the ordinance, Borough Council has prepared this informational document that includes background that was instrumental in passing the ordinance. Additional information can be obtained from Borough Hall or by contacting your Council representative.
Why Borough Council Enacted the U & O ordinance
Jenkintown Borough, established in 1874, is an older, populated community located just outside of Philadelphia. This mostly residential community is characterized by a historic housing stock and an aging infrastructure. One of the challenges with older wastewater infrastructure specifically is that some of the infrastructure may be compromised, resulting in avoidably high current usage levels that may exceed the capacity of the treatment infrastructure. Since all flows into the sewage treatment process are treated as waste regardless of their origin, the borough and its residents face higher than necessary sewage processing costs. These excess costs affect all residents regardless of whether they are among the owners of the broken, cracked, or otherwise compromised lateral sewers subject to Inflow and Infiltration. These excess flows into the sewage processing system will also affect the borough’s ability to receive allocations of sewer system capacity – measured in Equivalent Dwelling Units – from the Pennsylvania Department of Environmental Protection (PA DEP). These periodic EDU allocations are necessary to the borough’s ability to accommodate new business development and growth. The compromised lateral sewers owned by some property owners may also lead to other noxious and potentially hazardous environmental consequences including surface and groundwater contamination.
As noted, wastewater or sewage is carried away from borough homes and businesses in pipes known as laterals that connect each home to a public sewage system where it is treated at a municipal waste treatment facility. If the laterals that transport waste become damaged, cracked or broken after years of service, they may allow groundwater and storm runoff to seep into the waste pipes on their way to treatment. If the damaged laterals allow one gallon of storm water to flow into one gallon of waste water, the result is simply two gallons of waste water, unnecessarily increasing the cost to the borough of treating its sewage flows. Since these sewage flows are divided equally among all borough residents, the compromised laterals on the property of one resident serve to increase the annual sewage processing costs of all borough residents.
The U&O provision covering laterals is intended to introduce a relatively easily enforceable ordinance that will help to ensure that laterals are in good condition, free from cracks and other issues that may allow clean or storm water to infiltrate the waste stream on its way to being treated. In this way, our waste treatment infrastructure capacity is not burdened with unnecessary flows (allowing EDUs to be more readily allocated by PA DEP) and the borough’s sewage processing costs are not unnecessarily increased for all residents because of excess flows originating on only a few borough properties. Because sewer laterals are underground, learning which laterals are compromised to a degree that raises borough sewage flows unnecessarily and raises sewage costs to all property owners is both costly and difficult. Making lateral sewer inspection and remediation when necessary a U&O requirement at the time of property transfer is an imperfect but effective way of seeing to the integrity of the borough waste water removal system. Imposing as little as is necessary on our infrastructure can also preserve the borough’s capacity for future development and improvements.
While the insurance against lateral blockages that is marketed through AQUA may be a valuable stopgap against personal inconvenience and costs from an actual lateral blockage and backup, the insurable events in that coverage have nothing to do with the focus of the inspections that would be part of the U&O requirements. In fact, the lateral line cracks and compromises that are the focus of the U&O inspections may themselves prevent a blockage, since the cracks allow sewage to continue to flow through or from the compromised lateral pipes. Because the laterals are not visible, the inspections are necessary to learn more about the conditions of the laterals at any given location.
The Journey to Treatment
Currently, Jenkintown sends all of its sewage through Cheltenham Township, which then sends most of its sewage to Philadelphia, which it pays for sewer treatment. Cheltenham receives and treats all of Jenkintown’s sewage – which accounts for approximately 11% of the total amount. The sewage is treated and the resulting effluent is safely discharged into the Delaware River.
In 2005, Cheltenham and Pennsylvania Department of Environmental Protection (PA DEP) agreed on a Corrective Action Plan (CAP) to address sewage treatment issues caused by a leaky system. The plan has limited new connections to the sewer system to prevent the hydraulic overload from being aggravated by the new flow.
Borough management has a decade long history of cooperating with the PA DEP so that the Borough is compliant with the requirements that the PA DEP puts on Cheltenham Township and the City of Philadelphia.
On December 18, 2019, the Cheltenham wastewater system was acquired by Aqua to facilitate the repairs to the compromised areas of the sewer system. Aqua has budgeted $54.8 million over 10 years to upgrade Cheltenham’s systems. Aqua will also spend $18.5 million in system upgrades that will impact Jenkintown and Abington. Despite these planned fixes, these communities are under pressure to reduce overflows.
The Impact of Exceeding Capacity
Each treatment facility has a specific capacity. When extra water arrives with wastewater, it increases the strain on the treatment facility. In older, populated communities, this extra capacity stresses the systems. Communities like Jenkintown are impacted because their ability to receive annual allocations of the sewage flow capacity – known as Equivalent Dwelling Units (EDUs)—necessary for new businesses and residences, is impeded.
Jenkintown was blocked from issuing U&O permits to attract new businesses because it could not guarantee its sewage capacity. Jenkintown Council’s priority has been to encourage business and economic development to relieve—as much as possible— residents’ tax burden. Successful business development and residential development are stymied when there is insufficient sewage capacity.
The Borough’s Response
Jenkintown’s Borough Manager has worked conscientiously with the PA DEP to seek remedies for sewage overflows. The Borough continues it’s ongoing plan for systematically addressing the publicly-owned portions of the system. The PA DEP has also urged municipalities to address privately-owned lateral connections to further remedy the problem. Jenkintown’s decision to require inspections at the point of property transfer is a compromise that is less demanding on residents than a more aggressive approach of requiring immediate inspections of all laterals and repairs when defects are revealed.
Number of Homeowners Impacted
Since the ordinance was enacted in 2017, there have been 119 sanitary sewer lateral inspections at the time of property sales within Jenkintown Borough (this does not include condominium sales). Of those, 32, or 27%, were found to need repair while 87 (73%) laterals were found to have no deficiencies.
Similarly, when Cheltenham inspected over 2,000 home lateral systems, 21% required repairs of some type. After completing those inspections in cooperation with PADEP, Cheltenham abruptly halted its inspection program and plans (to the surprise, incomprehension, and dismay of PADEP), and moved forward with its plan to sell its waste sewage system to AQUA.
The Cost of Repairs
The average cost of a sewer lateral inspection done in Jenkintown by a licensed professional is approximately $400. For the 32 homes requiring lateral repairs, the average repair cost has been approximately $4,677. Repair costs have ranged from a high of $10,700 to a low of $1,200.
The cost of obtaining a permit for U&O is:
- $50 (Condo where no concrete or lateral inspections apply)
- $100 (if a NASSCO certified plumber performs the lateral inspection)
- $300 (if the plumber performing the lateral inspection is not NASSCO certified)
This fee covers the cost of having an engineering professional review the video inspection and file an official report.
Listing a Property
When a property is listed with a realtor, one of the services the realtor provides is to help the seller prepare the property for the optimum sale price and ensure that the transfer of property is seamless. This preparation often includes having the seller complete a disclosure of property defects. Traditionally, the buyer assumes the costs of a radon inspection, termite inspection and often a home inspection, which would include an assessment of the structure’s roof, HVAC system, and electrical system.
Realtors should inform their clients of the mandates contained in the U&O, underscoring the importance of the lateral inspection, and the homeowner’s responsibility to shoulder the costs associated with the inspection and any required repairs.
What’s Covered Under the U&O?
Jenkintown Borough’s residential U&O requires that:
- A property’s sidewalks and curbs must be inspected and in good repair
- The property contains working smoke and carbon monoxide detectors
- Street numbers must be displayed and visible from the street
- A sewer lateral inspection must be performed
Expediting the Sale
Borough Council has directed the Borough Manager to work with realtors and property owners to facilitate the inspection and repair process in a timely and courteous manner. If a broken lateral requires a repair, the sale will not be held up and the new owners may be issued a temporary U&O. The repair could be part of the sale negotiation with funds being held in escrow to cover needed repairs. This is very similar to the way in which radon remediation, termite remediation, or roof repairs are handled when a home sale is negotiated.
Setting the Record Straight
Inspections are meant to help control the cost of waste sewer services in the Borough and the availability of capacity in the Borough’s sewer system for future development and growth.
Compromised laterals lead to poor water quality, which can have wide-ranging consequences and adverse impacts on health and the environment.
Choosing the right U&O inspection is essential. U&O video inspections are not the same as the sewer lateral blockages that are covered by relatively low-cost insurance programs sold through AQUA by various insurance companies. Contact the Borough for more information and clarification.
The Importance of the U&O Ordinance
Borough Council supports the U&O ordinance because it can help to protect the community from the costs associated with sewage treatment and pollution and protect the health of its residents.
Borough Council is made up of residents of the Borough of Jenkintown – your neighbors. Many of us own homes that were built in the early part of the 20th Century, which will require that the laterals be scoped and possibly repaired when the property is sold. Some of us have already repaired sewer laterals due to known problems and blockages. The overarching impact of this ordinance is to improve the environmental impact on our densely populated community.
Get Involved
Our community benefits when residents are informed and involved. There are several ways to keep apprised of Jenkintown‘s issues. The Borough publishes Council and Committee meeting agenda on its website. Meetings minutes are also available. All proceedings are open to the public. Council encourages the public to attend Committee meetings, which are more like “work sessions,” and engage in discussions and ask questions.
Throughout the process, the Council has made every effort to be open and transparent about the ordinance. Starting in June of 2016, the public was invited to attend and participate in eight (8) public meetings of the Building, Zoning, & Revitalization Committee and two (2) public Borough Council meetings. The ordinance was legally adopted (with a unanimous vote from all representatives) in May of 2017.
It is not too late to get involved and give your feedback to Council. We urge all residents to share their thoughts, feedback, questions, and compliments about the U&O and other Borough issues directly with the Borough. With your input and support, we can work together to ensure Jenkintown’s brightest future.