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(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)
The owner of a property that utilizes an alternate system shall comply with the following:
(A) Construct and maintain the system in conformance with this subchapter and any other ordinance of the township, the Sewage Facilities Act, 35 P.S. §§ 750.1 et seq., the rules and regulations of the BCDH and PADEP, and all applicable regulations and statues of the Commonwealth; and
(B) Execute an agreement with the township to hold the township harmless in the event of a claim against the township arising from the operation and maintenance of the system, and furthermore, pay a nonrefundable fee to the township for township cost of administration, compliance monitoring and enforcement of this subchapter.
(Ord. 167, passed 8-27-2013) Penalty, see § 51.99
All community sewage systems shall comply with the following, along with any specific requirements of the sewage system type listed in the above sections:
(A) Construct and maintain the system in conformance with this subchapter and any other ordinance of the township, the Sewage Facilities Act, 35 P.S. §§ 750.1 et seq., the rules and regulations of the BCDH and PADEP, and all applicable regulations and statutes of the Commonwealth;
(B) Execute an agreement with the township to hold the township harmless in the event of a claim against the township arising from the operation and maintenance of the system, and furthermore, pay a nonrefundable fee to the township for township cost of administration, compliance monitoring and enforcement of this subchapter;
(C) Seepage bed(s) (including toe of sand mound slope) or the wetted perimeter of a spray field shall not encroach within the required minimum front, side or rear yard setback designated by the Township Zoning Ordinance or 100 feet of a property boundary, whichever setback distance is greater;
(D) No portion of the sewage system property line or easement horizontal isolation distance required pursuant to 25 Pa.Code Chapter 73 (Standards for Sewage Disposal Facilities), may be located on any lot or property other than the lot containing the system;
(E) Buffering: all community sewage systems shall be buffered as follows:
(1) A Type 2 buffer as specified in § 503 of the Zoning Ordinance is required around the perimeter of the community sewage system including the disposal area;
(2) A fence at least four feet in height of material approved by the township installed along the entire length of the property line;
(3) Buffer plant materials shall conform to requirements of § 516 of the Subdivision and Land Development Ordinance, as amended; and
(4) Where full grown trees exist on the site which duplicates the requirements for buffering, the buffering requirements of this subchapter may be waived or reduced by the Board of Supervisors.
(F) No livestock of any type or equipment heavier than a common riding mower/garden tractor shall be allowed upon the absorption area of any community sewage system; and
(G) Replacement sewage disposal area is required and shall be in accordance with § 51.18.
(Ord. 167, passed 8-27-2013)
(A) Replacement sewage disposal areas required. Where replacement sewage disposal areas are required by the Zoning Ordinance, the following requirements shall be met.
(1) Any proposed replacement area shall comply with this subchapter, any other township ordinance, the Sewage Facilities Act, 35 P.S. §§ 750.1 et seq., the rules and regulations of the BCDH and PADEP, and all applicable regulations and statutes of the Commonwealth, including, but not limited to, isolation distances.
(2) 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.
(3) Every replacement area shall be protected by a deed restriction or recorded easement that contains the following restrictions.
(a) No grading or other improvements, whether permanent or temporary, shall be permitted 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 by construction fencing 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.
(d) The final cover or improvement to every replacement area shall be limited to shallow rooted plant material.
(e) Replacement area shall be protected from livestock pasture/grazing.
(B) Identification of replacement area within new subdivisions.
(1) Any applicant who proposes to install an individual or community sewage system within a subdivision submitted after the effective date of this subchapter 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 BCDH shall observe all tests required to identify the proper location for the replacement area.
(2) 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.
(3) Replacement areas for individual sewage systems may encroach within front, side and rear yard setbacks as established by the Zoning Ordinance; however, must be consistent with environmental protection standards of the Zoning Ordinance.
(4) Replacement areas for community sewage systems shall not encroach within the required minimum front, side or rear yard setbacks designated by the Township Zoning Ordinance or within 50 feet of a property boundary, whichever setback is greater.
(5) Any revisions to a permit or plan affecting a previously approved replacement area shall be reviewed for approval by the Board of Supervisors or its authorized representative.
(6) 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. The alternate replacement area shall comply with this subchapter. When an alternate replacement area is identified, the alternate replacement area may be considered as such for the purposes of this subchapter, as long as it meets all the requirements and protections of this subchapter.
(C) Subdivision/land development restrictions.
(1) All applications for subdivision or land development shall provide for a replacement area(s) upon its plan(s) and 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 the lots boundaries.
(2) 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. The plan shall require the final cover or improvement to every replacement area to be limited to shallow-rooted plant matter.
(Ord. 167, passed 8-27-2013)
(A) All owners of property or persons who propose utilizing an individual spray irrigation system, small flow treatment facility, community on-lot sewage disposal facility, alternate or experimental sewage disposal facility or sewage disposal facility on sites containing marginal conditions for on-lot sewage disposal shall execute a sewage facilities operation and maintenance agreement with the township. The agreement will contain system specific requirement for the proposed system type. The agreement shall further provide for deposit of a nonrefundable fee to the township for administration and future compliance monitoring; and provide for sufficient financial security to guarantee the proper operation and maintenance of the proposed facility in accordance with the Act, which may include cash, letter of credit, or other township approved financial security. The amount of financial security to guarantee the proper operation and maintenance of the proposed facility shall be established by separate resolution of the Board of Supervisors, as amended from time to time.
(B) Prior to execution of an operation and maintenance agreement by the township, the property owner shall accomplish the following items:
(1) The applicant shall obtain verification from the County Department of Health indicating that the site is generally suitable for installation of an on-lot sewage disposal facility as proposed;
(2) A fee in an amount established by separate resolution of the Board of Supervisors, as amended from time to time, shall be paid to the township for review of submitted documentation, and preparation of the operation and maintenance agreement; and
(3) The applicant shall deposit financial security as required by the operation and maintenance agreement, to be held by the township and used only in the event that the township is required to perform any services, or pay for any services, relative to administering terms of the operation and maintenance agreement. Financial security amount for community sewage systems shall be established by the township based on the size of the system and an estimate of annual operation and maintenance costs submitted by the design engineer and approved by the township.
(Ord. 167, passed 8-27-2013)
(A) The township shall be authorized to exercise the powers conferred upon it pursuant to the terms and conditions of this subchapter or any other applicable laws of the county, state and federal government.
(B) The Board of Supervisors may establish fees, by resolution, the purpose of which is to defray the cost of inspections and other aspects of the sewage management program as set forth in this subchapter.
(Ord. 167, passed 8-27-2013)
(A) Any property owner aggrieved by the written decision of a township employee or other authorized agent of the township pursuant to this subchapter may appeal the decision by written notification to the Board of Supervisors, provided that the appeal notification shall be filed within 30 days from the date of the decision at issue.
(B) The property owner and/or person filing an appeal shall be entitled to a hearing before the Board of Supervisors, or its designee, within 30 days of receipt of the appeal. Either party, by good cause shown, may extend the time for a hearing but a decision shall be left to the discretion of the Board of Supervisors, or its designee. A hearing shall be conducted in accordance with the provisions of the Pennsylvania Local Agency Act, being 2 Pa.C.S. §§ 551 and 751 to 754 and a decision shall be rendered, in writing, within 45 days of the conclusion of the hearing and all proceedings related thereto. If the Board of Supervisors or its designee shall fail to render a decision within 45 days following the conclusion of all proceedings related to the hearing, then the relief sought by the property owner and/or person filing the appeal shall be deemed granted. Any property owner and/or person aggrieved by a decision of the Board of Supervisors or its designee may, within 30 days after such decision of the Board, file an appeal to the Court of Common Pleas of the county.
(Ord. 167, passed 8-27-2013)
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