[Adopted 6-10-1985 (Art. 927 of
the 1985 Code of Ordinances); amended in its entirety 11-10-1997 by Ord. No. 97-12]
As used in this article, the following terms
shall have the meanings indicated:
Any system, whether publicly or privately owned, for the
collection and disposal of sewage or industrial wastes of a liquid
nature or both, including various devices for the treatment of such
sewage or industrial wastes serving three or more individual lots.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
A single system of piping, tanks or other facilities serving
one or two lots and collecting and disposing of sewage in whole or
in part into the soil of the property or into any waters of this commonwealth.
A part of a subdivision or a parcel of land used as a building
site or intended to be used for building purposes, whether immediate
or future, which will not be further subdivided.
Any individual copartnership, association or private corporation.
Any proposed new residence or other building, the useful
occupancy of which will require the installation or erection of a
sewage disposal system other than one which is to be served by a community
water supply and a community sewage system.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings and any
noxious or deleterious substances being harmful or inimical to the
public health or to animal or aquatic life or to the use of water
for domestic water supply or for recreation.
The division of a single tract or other parcel of land or
a part thereof into three or more lots, and shall also include changes
in street lines or lot lines.
The Township of Lower Allen.
No person, including those persons proposing
to install such a system on a lot 10 acres or larger and who are otherwise
qualified for a permit exemption in accordance with the provisions
of Section 7(a)(1) of the Pennsylvania Sewage Facilities Act [35 P.S.
§ 750.7(a)(1)], shall install an individual or community
sewage disposal system or construct any building in which an individual
or community sewage disposal 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 provisions of this article
and the standards adopted pursuant to this article. No permit shall
be required in those cases where a permit from the Department of Environmental
Protection has been obtained or where the Department determines that
such permit is not necessary for the protection of the public health.
Application for a permit to install an individual
or community sewage disposal system shall be in writing, to the Township,
and shall be made on a formal application blank, and each application
shall include such data as shall be prescribed by said technical standards
for construction.
A permit to install an individual or community
sewage disposal system shall be issued or denied within seven days
after receiving an application for a permit, except that in case the
Township finds the data submitted by an applicant incomplete, the
time for acting thereon shall be extended seven days beyond the date
of submission of adequate supplementary or amendatory data. Denial
or permit shall be supported by a statement, in writing, of the reasons
for such actions.
No system or structure designed to provide individual
or community sewage disposal to any realty improvement shall be covered
from view until approval to cover the same has been given by the Township
or its authorized representative. If 48 hours have elapsed, excepting
Sundays and holidays, since the Township received notification of
completion of construction, the applicant may cover the system or
structure, unless permission has been refused by the Township.
In case any permit to install an individual
or community sewage disposal system is denied or revoked, a hearing
will be held thereon before the Township within 15 days after request
therefor is made by the applicant. Within seven days following the
date of such hearing, the applicant shall be notified, in writing,
of the determination of the hearing.
If the Township determines that any change has
occurred in the physical conditions of any lands of a realty improvement
which will materially affect the operation of the community or individual
sewage disposal system covered by any permit issued under this article,
the permit shall be revoked and a new permit shall be obtained before
construction proceeds.
The Township shall have the power to make or
cause to be made such inspections and tests as may be necessary to
carry out the provisions of this article, and its authorized representatives
shall have the right to enter upon lands for such purposes.
Every applicant for a permit to install an individual
or community sewage disposal system shall pay to the Township, at
the time of the filing of the application, such fee as the Township
may from time to time prescribe, by resolution, which fee shall be
applied toward the cost of administration of this article.
The Township hereby adopts the standards of
the Department of Environmental Protection relative to the installation
of individual and community sewage disposal systems as the standards
to be applied to any application for permit under this article, whether
such standards have been adopted by the Department or shall in the
future be adopted by the Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation violating any
provision of this article, or who fails to act in compliance with
this article, shall be subject to the summary offense penalties of
35 P.S. § 750.13 and, in addition thereto, may be subject
to the civil penalties of 35 P.S. § 750.13a.
