(A) Generally. Every person who owns a property within the township on which a holding tank is located and every person who applies for a building permit to construct a new residence or other building which is to be serviced by a holding tank for which a County Department of Health permit is issued after the effective date of this subchapter, shall comply with the provisions of this section as hereafter set forth.
(B) Required. Every person who owns a property within the township on which a holding tank is located shall:
(1) Have the holding tank of the property pumped prior to or when the holding tank has reached 75% of designed capacity; and
(2) Annually provide the township with proof of a pumping and/or hauling contract with a DEP certified hauler licensed by the County Health Department.
(C) Procedure for obtaining a holding tank permit; rehabilitation of a holding tank or change in ownership of a holding tank.
(1) Prior to the issuance of a use and occupancy permit involving new construction, and in the case where no prior security has been posted to secure the costs of future operation and maintenance of a holding tank, then also involving rehabilitation of a holding tank, resale of the property or change of tenants in a dwelling using a holding tank, the owner shall:
(a) Obtain verification from the County Development of Health indicating that the site is generally suitable for installation of a holding tank;
(b) File copy of the site plan and design of the proposed holding tank with the township;
(c) Submit such additional information on size, location or otherwise as the township may require in order to complete a review;
(d) Pay a fee to the township for the holding tank permit in accordance with the appropriate resolution as adopted by the Board of Supervisors from time to time;
(e) Execute an agreement for maintenance and hold the township harmless in the event of a claim against the township arising from the operation of the holding tank (refer to division (D) below); and
(f) Deposit and/or post permanent escrow funds in the form and/or amount as provided by the holding tank maintenance agreement. These funds are to be held by the township and used only in the event the township is required to perform any services, or pay for any services, relative to the holding tank. Board of Supervisors shall have the right to claim the entire escrow deposit as reimbursement for township expenses.
(2) A permit issued under the terms of this agreement shall become null and void if the holding tank installation has not been completed to the satisfaction of the township within two years of the date of issuance.
(D) Holding tank maintenance agreement. The owner of a property that utilizes a holding tank shall execute a maintenance agreement approved by the township to ensure compliance with the regulations and standards of operation and maintenance of the system. The escrow or other security shall be sufficient to cover the cost of the future operation and maintenance of the system over its design life up to a maximum of 50% for each of the first two years of operation and not more than 10% for each year thereafter of the equipment and installation cost of the system.
(Ord. 167, passed 8-27-2013)