1. Requirements.
A. Should any lot on which an onlot disposal system exists be subdivided after the effective date of this Part, the new lot or lots not served by the existing onlot disposal system, and not served by a community sewage system, shall have designated upon the plans for such lot sufficient and suitable space for an onlot disposal system and also a replacement area as described more fully herein. The newly created lot within which lies the onlot disposal system which had previously served the undivided lot shall be exempt from the requirements of this Section.
B. If a subdivision or land development plan shall be submitted with respect to any lot not served by an onlot disposal system on the effective date of this Part, and such plan does not provide for connection of proposed structures to a community sewage system, then the subdivision or land development plan shall set forth a suitable area on each lot for an onlot disposal system. The plan shall also set forth, for each lot to be served by an onlot disposal system, a separate replacement area as defined in this Part..
C. The replacement area provided shall comply with the Act and with all regulations issued by the DEP as incorporated into this Part concerning individual onlot disposal 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 onlot disposal 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 Borough SEO that a suitable area exists on the lot or on each lot to be created for an initial individual onlot disposal system and for the replacement area. The Borough SEO shall perform or observe all tests required for the location of an individual onlot disposal system to confirm the suitability of the replacement area. Allowance of open land for the replacement area without testing performed or observed by the Borough SEO shall not constitute compliance with the requirements of this Section.
B. The location of the initial individual onlot disposal system and the replacement area as approved by the Borough 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 a 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 onlot disposal 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 that previously has been approved pursuant to the provisions of this Part shall be reviewed by the SEO and submitted for approval by the Council.
3. Construction Restrictions.
A. The easement for the replacement area noted upon the plan and recorded with the Perry 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 Borough SEO that an alternate replacement area that 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 required by this Part and shall be designated as 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 onlot disposal system may request that the Council grant an exception to the requirement of providing a replacement area. The applicant for such an exception shall present credible evidence to the Council demonstrating that the lot was held in single and separate ownership on the effective date of this Part, the size of the lot, inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired and the testing conducted to determine that the lot is not suitable to provide a replacement area. An exception shall be granted only if applicant proves by clear and convincing evidence that applicant's plan shall dispose of sewage in a manner consistent with all applicable Borough, Commonwealth and Federal law and conducive to the public health.
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 excepted from the requirements of §18-504.
(Ord. 535, 7/8/2002)