[Adopted 4-14-1997 by Ord. No. 99]
This article shall be known and may be cited
as "The Brighton Township Sanitary Sewage Facilities Ordinance."
The purpose of this article is to promote the
public health, safety, cleanliness and comfort of the citizens of
the Township of Brighton.
Unless otherwise expressly stated, the words
and phrases contained in this article shall be construed to have the
meanings as set forth in the Pennsylvania Sewage Facilities Act, as
amended,[1] PA Code Title 25, Environmental Resources, Chapters 71,
72 and 73, which definitions are incorporated herein by reference
and made a part thereof.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
A.
Inside sanitary facilities and a sanitary sewage disposal
system shall be provided for every improvement hereafter erected and
intended to be used for dwelling purposes even though such structure
is fabricated or manufactured elsewhere and placed on a lot and intended
to be used as a dwelling, whether affixed thereto permanently or temporarily
and whether mobile or immobile.
B.
It shall be unlawful for any person, persons, partnership,
association or corporation to permit the flow of sewage except into
a municipal sanitary sewer system or into an approved on-lot sanitary
sewage disposal system.
A.
No person shall install, construct or request bid
proposals for construction or alteration of an individual sewage system
or community sewage system or construct or request bids for construction
thereof, nor shall any person occupy any building or structure for
which an individual sewage system or a community sewage system is
to be installed, without first obtaining a permit indicating that
the site and the plans and specifications of such system are in compliance
with the Pennsylvania Sewage Facilities Act, as amended,[1] and the rules and regulations adopted pursuant to said
Act, as promulgated by the Department of Environmental Protection
or as supplemented by the Township of Brighton.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
B.
A sewage permit shall be required in every instance
where a person desires to install, construct, alter or change an individual
or community sewage system on any tract of land of any size in any
location in the Township of Brighton.
C.
The rules and regulations of the Department of Environmental
Protection of the Commonwealth of Pennsylvania, adopted pursuant to
the Pennsylvania Sewage Facilities Act, the Act of January 24, 1966,
P.L. 1535, may be found in PA Code Title 25, Environmental Protection,
Chapters 71, 72 and 73, as amended, which rules and regulations as
revised are incorporated herein by reference and made a part hereof
and adopted by the Township of Brighton. A copy of such rules and
regulations and those promulgated by the Township of Brighton are
on file in the office of the Township Manager.
Applications for a sewage permit shall be obtained
from the township office and completed by the applicant. All applications
for sewage permits shall be subject to all the conditions that may
be required by the rules and regulations of the Department of Environmental
Protection and the Township of Brighton. At the time of filing the
completed application with the township, the applicant shall be responsible
for submitting a plan of the sewage disposal system to the Municipal
Sewage Enforcement Officer so that he may determine that such plan
is in accordance with the requirements of this article.
No building permits for the construction of
a new residential dwelling or commercial building shall be issued
by the Township of Brighton unless and until an on-lot sanitary sewage
disposal application or an application to connect to the public sewer
system has been filed with the proper township office and been approved
by the Township Manager or other designated official.
A.
All applications must be accompanied by a plan of
the sewage disposal method which the applicant proposes to use and
by the appropriate fee as prescribed by the Board of Supervisors.
B.
Where the property abuts the public sewer system,
a connection shall be made to that sanitary sewer for the discharge
of all sewage, unless a special exception or variance is granted by
the Board of Supervisors of the Township of Brighton, upon application
made by the property owner.
C.
Where the property does not abut the public sewer
system, all sewage shall be discharged into an individual or community
sewage disposal system, the plan for which must be reviewed and approved
by the Township Sewage Enforcement Officer before any construction
activity of any nature has taken place.
The cost of an application for a sewage permit
shall be set by resolution of the Board of Supervisors of the Township
of Brighton and shall be reviewed annually with the Sewage Enforcement
Officer. The fee does not include and the township assumes no responsibility
for the cost of labor, materials and equipment for preparing test
pits and percolation holes for conducting required percolation tests.
These costs are the responsibility of the property owner/applicant.
The construction and installation of all improvements
authorized by the issuance of a sewage permit shall be completed within
three years of the date of issuance of the permit.
In the event that an on-lot sewage disposal
system is not properly maintained so that it malfunctions and is permitted
to fill up and overflow onto the surrounding surface or otherwise
fails to meet the rules, regulations and requirements of the Township
of Brighton and/or the Department of Environmental Protection, upon
receipt of any complaint or notice of any malfunction, the Sewage
Enforcement Officer shall immediately investigate and report to the
Board of Supervisors. If the investigation supports the complaint
and the existence of a health hazard, it shall be the duty of the
Sewage Enforcement Officer to give written notice to the offending
person, firm or corporation to make the necessary corrections within
30 days or such other reasonable time as is appropriate, at the discretion
of the Board of Supervisors, in order to bring the sewage disposal
system into conformity to the regulations, requirements and specifications
of this article. Upon failure to comply within the time granted, such
persons, firm or corporation shall be deemed to have violated the
provisions of this article, and each subsequent day in which the malfunction
continues shall be deemed a separate violation.
The provisions of this article shall be enforced
by an action brought before a District Justice in the same manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure. Any person guilty of a violation of the
provisions of this article, upon conviction in the proceedings before
the District Justice, shall be sentenced to pay a fine not exceeding
$100 for each violation.
In addition to any other remedies provided for in this article, any violation of § 160-56 of this article shall constitute a nuisance and may be abated by the Township of Brighton by seeking appropriate, equitable or legal relief from a court of competent jurisdiction.
