1. Requirements.
A. After the effective date of this Part, a replacement area for an individual on-lot sewage system shall be required for all lots or lots to be created which are not serviced or to be serviced by a community sewage system, or for which a valid permit for installation of an individual on-lot sewage system has not been issued. Lots existing prior to the effective date of this Part shall be exempt from the requirements for this Section.
B. The replacement area provided shall comply with the Act and with all regulations issued by the DEP as incorporated into this Part concerning individual on-lot sewage systems, including isolation distances, and with the terms of this Part and any other applicable Borough ordinances.
2. Identification of Replacement Area.
A. Each applicant who shall submit a plan for the subdivision or development of land or who shall apply for a permit for the installation of an individual on-lot sewage system, or who shall request approval of a planning module for land development or the adoption of a revision, exception to revision, or supplement to the official plan shall demonstrate to the satisfaction of the SEO that a suitable area exists on the lot or on each lot to be created for an initial individual on-lot sewage system and for the replacement area. The SEO shall perform or observe all tests required for the location of an individual on-lot sewage system to confirm the suitability of the replacement area. Allowance of open land for the replacement area without testing performed or observed by the SEO shall not constitute compliance with the requirements of this Section.
B. The location of the initial individual on-lot sewage system and the replacement area as confirmed by the SEO shall be identified on the plot plans and diagrams submitted as part of the permit application.
C. If the application has been submitted as part of an application for subdivision or land development approval or as part of a request that the Borough approve a planning module for land development or amend its official plan, or a request for an exception to the revision of the official plan, the location of each initial individual on-lot sewage system and each replacement area shall be noted upon the plans. If the application is for subdivision or land development approval, a note constituting a permanent easement shall be added to the plans stating that no improvements shall be constructed upon the replacement area, and the deed to be recorded for each lot created as part of the subdivision or land development shall contain language reflecting this limitation.
D. Any revisions to a permit or plan affecting a replacement area which previously has been approved pursuant to the provisions of this Part shall be reviewed for approval by the Council or its authorized agent.
3. Construction Restrictions.
A. The easement for the replacement area noted upon the plan and recorded with the Dauphin County Recorder of Deeds shall state that no permanent or temporary improvements of any character, other than shallow- rooted plant matter, shall be constructed upon the replacement area.
B. This provision shall be enforced by the Borough unless the person who desires to construct such improvements shall demonstrate to the satisfaction of the SEO that an alternate replacement area which complies with all applicable regulations of the DEP, this Part and all other applicable Borough ordinances, exists upon the lot. If such an alternate replacement area shall be identified, the alternate replacement area may be considered to be the replacement area. The newly designated replacement area shall thereafter be considered the replacement area for the purposes of this Part.
4. Relief from Replacement Area Requirement.
A. If any lot held in single and separate ownership as of the effective date of this Part does not contain land suitable for a replacement area, the applicant submitting a land development plan or a planning module for land development or desiring to install an individual on-lot sewage system may request that the Council grant an exception to the requirements of providing a replacement area. The applicant for such an exception shall present credible evidence to the Council demonstrating (1) that the lot was held in single and separate ownership on the effective date of this Part; (2) the size of the lot; (3) inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired; and (4) the testing conducted to determine that the lot is not suitable to provide a replacement area.
B. At all times the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exception from the terms of this Part. In no case shall any lot be exempted from the requirements of §18-204 of this Part.
(Ord. 02-06, 9/3/2002, §306)