(A) Construction escrow.
(1) Prior to receiving a sewage management permit, an applicant shall file with the township a construction escrow in the amount listed below. The purpose of this construction escrow is to guarantee the proper and complete installation and construction of the proposed sewage system and to enable the township to effect repairs to an improperly/incompletely installed/constructed/repaired/replaced sewage system.
(2) Without limitation as to other types of construction escrow that the township may approve, federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts shall be deemed acceptable financial security for this construction escrow requirement.
(3) The amount of required construction escrow shall be as follows. These escrow requirements may be modified from time to time by separate resolution of the Township Board of Supervisors:
(a) Individual OLDS. No escrow required;
(b) Holding tank. No escrow required;
(c) Community sewage system (serving four EDUs or less). Five thousand dollars. This escrow shall be held until construction is completed to the satisfaction of the Township Engineer, all necessary permits have been obtained and the system is running properly for six months; and
(d) Community sewage system (serving more than four EDUs). One hundred ten percent of the estimated construction cost as approved by the Township Engineer. This escrow shall be held until construction is completed to the satisfaction of the Township Engineer, all necessary permits have been obtained and the system is running properly for 18 months.
(4) An applicant shall be responsible for all administrative, inspection and enforcement costs incurred by the township regarding the installation, construction, repair, alteration, expansion and/or replacement of a sewage system. If the applicant fails to promptly pay these costs, the township may recover these unpaid costs either directly from the construction escrow; by placing a municipal lien against the property(ies) to be served by the sewer system; or by other legal means.
(5) An applicant shall be responsible to properly and fully install, construct, repair, alter, expand and/or replace the proposed sewage system. If the applicant fails to completely and/or properly install, construct, repair, alter, expand and/or replace the proposed sewage system as permitted and approved, the township or its employees/agents may enter upon the property and make whatever repairs, renovations, improvements or corrections necessary to properly and fully install and construct the sewage system. The applicant shall be responsible for all costs incurred by the township in completing, repairing, renovating, improving or correcting the sewer system. The township may recover these costs either directly from the construction escrow: by placing a municipal lien against the property(ies) to be served by the sewer system; or by other legal means.
(6) In the event the construction escrow is reduced below the amount required by this subchapter or by an amending resolution of the Township Board of Supervisors, the township shall notify the applicant of such reduction, and within 30 days of such notice, the applicant shall provide enough additional financial security to ensure that the construction escrow meets the applicable requirement.
(7) The township shall return to the applicant all unused construction escrow monies once such an escrow is no longer required by this subchapter.
(B) Maintenance escrow.
(1) Prior to issuing an occupancy permit for any property served by a newly installed, constructed, repaired, altered, expanded and/or replaced sewage system, the applicant shall submit to the township, when required below, a maintenance escrow along with an executed operation and maintenance (O&M) agreement. The purpose of this financial security and O&M agreement is to guarantee the continuing proper maintenance, operation and repair of the system and to enable the township to effect repairs to an improperly maintained, operated or repaired sewage system.
(2) Without limitation as to other types of maintenance escrow that the township may approve, federal or commonwealth chartered lending institution restrictive or escrow accounts shall be deemed acceptable financial security for this escrow requirement.
(3) The amount of required maintenance escrow shall be as follows. These escrow requirements may be modified from time to time by separate resolution of the Township Board of Supervisors:
(a) Individual subsurface or sandmound system. No escrow required;
(b) Individual drip irrigation or micromound system. Five hundred dollars to be held until the property is connected to another sewage system;
(c) Individual A/B or stream discharge system or IRSIS. Five hundred dollars to be held until the property is connected to another sewage system;
(d) Individual sewage system installed to replace a failing sewage system. Five hundred dollars to be held until the property is connected to another sewage system;
(e) Individual holding tank. Five hundred dollars to be held until the holding tank is removed and the property is connected to another sewage system;
(f) Individual alternate sewage system (other than those listed above). Two thousand five hundred dollars to be held until the property is connected to another sewage system;
(g) Individual experimental sewage system. Five thousand dollars to be held until the property is connected to another sewage system; and
(h) Community sewage system (servicing four EDUs or less). Seven thousand five hundred dollars. This escrow shall be held until all the property(ies) served by this sewage system is (are) connected to another sewage system.
(i) Community sewage system (servicing more than four EDUs). Fifty percent of the actual construction costs for the first two years of operation which can be reduced to 10% after two years of operation upon request of the applicant. This escrow shall be held until all the property(ies) served by this sewage system is (are) connected to another sewage system.
(4) An applicant shall be responsible for all administrative, inspection and enforcement costs incurred by the township regarding the operation, maintenance, repair and replacement of a sewage system. If the applicant fails to promptly pay these costs, the township may recover these unpaid costs either directly from the maintenance escrow: by placing a municipal lien against the property(ies) served by the sewer system; or by other legal means.
(5) An applicant shall be responsible to properly maintain, operate, repair and replace the proposed sewage system. If the applicant fails to fully and properly maintain, operate, repair and/or replace the proposed sewage system, the township or its employees/agents may enter upon the property and maintain, operate, repair, renovate, improve, correct or replace the sewage system as is necessary. The applicant shall be responsible for all costs incurred by the township in taking these actions. The township may recover these costs either directly from the maintenance escrow: by placing a municipal lien against the property(ies) served by the sewer system; or by other legal means.
(6) In the event the maintenance escrow is reduced below the amount required by this subchapter or by an amending resolution of the Township Board of Supervisors, the township shall notify the applicant of such reduction, and within 30 days of such notice, the applicant shall provide enough additional financial security to ensure that the maintenance escrow meets the applicable requirement.
(7) The township shall return to the applicant all unused maintenance escrow monies once such an escrow is no longer required by this subchapter.
(Ord. 207, passed 12-14-2011; Ord. 231, passed 8-9-2017)