(A) Requirements.
(1) A replacement area shall be required on all lots or parcels created by or involved in a subdivision/land development after October 17, 2005 and proposed to be served by an OLDS.
(2) A replacement area shall be required for all community sewage systems designed to treat four EDUs or more and which will dispose of sewage, in whole or in part, in to the soil.
(3) Any proposed replacement area shall comply with this subchapter, any other township ordinance, the Pennsylvania Sewage Facilities Act (Act 537), 35 P.S. §§ 750.1 et seq., the rules and regulations of the BCDH and the DEP and all applicable regulations and statues of the commonwealth, including, but not limited to, isolation distances.
(4) Allowance of open land for the replacement area, without the performance of appropriate soil testing to verify suitability of the land for a replacement area, shall not constitute compliance with the requirements of this section.
(5) Every replacement area shall be protected by a recorded easement that contains the following restrictions.
(a) No improvements, whether permanent or temporary, shall be constructed upon or within the replacement area.
(b) No permanent or temporary alterations, grading, excavation, stockpiling of any soil or any other material shall take place on or in the replacement area.
(c) During any construction or other activities, the replacement area shall be marked and blocked off to prevent equipment heavier than a common riding mower/garden tractor from traveling over or operating upon the surface of the replacement area.
(d) The final cover or improvement to every replacement area shall be limited to shallow-rooted plant matter.
(B) Identification of replacement area.
(1) For an individual sewage system, any applicant who proposes to install an OLDS and is required to provide a replacement area shall demonstrate to the satisfaction of the township that a suitable replacement area exists on the same lot as the proposed sewage system. The township or the BCDH shall perform or observe all tests required to identify the proper location for the replacement area.
(2) For a community sewage system, any applicant who proposes to install an OLDS and is required to provide a replacement area shall demonstrate to the satisfaction of the township that a suitable replacement area exists on the same site as the proposed sewage system. The township or the BCDH shall perform or observe all tests required to identify the proper location for the replacement area. Where the site is being subdivided, the proposed community system and the proposed replacement area shall be located upon the same new lot.
(3) The location of the replacement area, as confirmed by the township, shall be identified on the plot plans and diagrams submitted as part of any permit, subdivision, land development or planning module application.
(4) Any revisions to a permit or plan affecting a previously approved replacement area shall be reviewed for approval by the Township Board of Supervisors or its authorized representative.
(5) If a replacement area has been already identified upon a lot or parcel, an applicant may attempt to identify, to the township’s satisfaction, an alternate replacement area upon the lot or parcel. This alternate replacement area shall comply with this subchapter. Once an alternate replacement area is identified, this alternate replacement area may be designated the replacement area required by this subchapter and shall be considered as such for the purposes of this subchapter, so long as it meets all of the requirements and protections of this subchapter.
(C) Subdivision/land development restrictions. Any application for subdivision or land development that provides for a replacement area(s) upon its plans shall place a note upon the approved record plans stating that no improvements shall be constructed upon and no alterations shall be made to any replacement area. The applicant shall also execute and record new or corrected deeds for each lot created by or a part of the subdivision or land development that contain language protecting the replacement area within that lot’s boundaries. The subdivision/land development plan shall also note and specifically require the replacement area be marked and physically blocked off to prevent equipment with greater wheel loadings than a common riding mower/garden tractor from traveling over or operating upon the surface of the replacement area during construction. The plan shall require the final cover or improvement to every replacement area to be limited to shallow-rooted plant matter.
(Ord. 207, passed 12-14-2011)