(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)