[Adopted 8-1-2007 by Ord. No. 370]
As used in this article, the following terms
shall have the meanings indicated:
The Pennsylvania Sewage Facilities Act (35 P.S. § 750.1,
et seq.)
A water-type receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water-carrying system
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. The terms "holding tank" and "retaining
tank" shall, for the purpose of this article, be interchangeable.
The terms "holding tank" and "retaining tank," shall not, for purposes
of this article, include a privy, chemical toilet, incinerating toilet,
composting toilet or recycling toilet.
An agreement between the permit holder and the Township whereby
the permit holder guarantees the performance of all obligations of
a permit holder under this article.
A valid sewage disposal system permit issued by the Bucks
County Department of Health, after further review and approval by
the Lower Makefield Township Board of Supervisors.
[Amended 10-20-2010 by Ord. No. 387]
A person who possesses a valid holding tank permit as issued
by the Bucks County Department of Health, and after further review
and approval by the Lower Makefield Township Board of Supervisors.
[Amended 10-20-2010 by Ord. No. 387]
[Amended 10-20-2010 by Ord. No. 387]
A holding tank may not be installed and/or used unless the property
owner(s) possess(es) the valid sewage disposal system permit issued
by the Bucks County Department of Health. The installation and/or
use of any holding tank on any property within the Township is hereby
prohibited except by the holder of a valid and current permit, a valid
and current sewage disposal system permit issued by the Bucks County
Department of Health and such use issued in conformity with the provisions
of this article, the Bucks County Department of Health rules and regulations
governing individual and community on-lot sewage disposal systems,
applicable provisions of the Act and such other applicable statutes,
regulations and plans, including, but not limited to, the Act 537
Plan of the Township of Lower Makefield. The use of temporary holding
tanks in the Township may be permitted, subject to the following conditions,
as follows:
A.
The permit
holder shall connect to a public sewer once access becomes available
and cease using the temporary holding tank within a period of 30 days
after the permit holder has been approved to connect to a public sewer.
B.
The permit
holder, upon cessation of use of the holding tank, is responsible
for having the tank pumped out by a Bucks County Department of Health
licensed sewage hauler and removal of the tank or, in the alternative,
to insure that the tank is to be drained and backfilled with crushed
stones or screening.
C.
A temporary holding tank under this article must comply with the applicable provisions of the Pennsylvania Code, including, but not limited to, Title 25, Environmental Protection; Chapter 72 and Chapter 73; § 73.62, Standards for holding tanks, (a), (b), (c) and (d); and Chapter 73, § 73.31, Standards for Septic Tanks, (b)(1).
D.
The Township
may, in its discretion, require the permit holder to post a performance
bond with the Township in an amount to be determined by the Township.
E.
The permit holder must execute a holding tank security
agreement on a form approved by the Township whereby the permit holder
assumes responsibility for the installation and maintenance of the
proposed sewage generated thereby and ultimate removal/drainage/backfill
of a temporary holding tank upon expiration of the applicable time
period set forth in this article, with an indemnification agreement
saving and holding the Township harmless from any and all liability
and expenses, including legal fees, arising from the use of said facility
or related to the sewage therefrom at any and all times and of every
nature.
The owner of an improved property in the Township
that utilizes a temporary holding tank and every permit holder shall
comply with the following:
A.
Maintain the holding tank in conformance with this
article and the holding tank security agreement, and abide by the
provisions of any applicable law, and the applicable regulations of
any administrative agency of the Commonwealth of Pennsylvania and
any applicable plan, including, but not limited to, the Act 537 Plan
of the Township of Lower Makefield.
B.
Permit the Township or its designated agent to inspect
holding tanks at any reasonable time to insure that the facility is
properly maintained and functioning.
C.
Retain pumping receipts and maintenance records from
the holding tank to be produced for the Township upon the Township's
request.
D.
Permit only the property owner or a person lawfully
occupying the premises designated in the permit to use the holding
tank facility or deposit sewage therein.
E.
Holding tanks must be pumped out solely by a Bucks
County Department of Health licensed sewage hauler and removed or
backfilled with crushed stone or screening.
No holding tank shall be used or installed on
any property in the Township unless or until a permit therefor has
been issued in accordance with the provisions of this article.
A.
A permit may be issued only when the proposed site and proposed holding tank conform to the use restrictions in § 166-35.
B.
A person requesting a permit for a holding tank shall
submit a written application, on a form provided by the Township,
together with such fee as is established by resolution of the Board
of Supervisors.
C.
If the Township determines that an initial application
is incomplete or is unable to verify the information contained therein,
the Township shall notify the applicant in writing within seven days
of receipt of the application. The notice shall include the reasons
why the application is not acceptable. When the required information
is received, the Township shall act upon the application within 15
days of such receipt.
D.
The application for a permit shall include and be
accompanied by the following:
(1)
A detailed statement of reasons the temporary holding
tank is requested;
(2)
A plan at a proposed site detailing the location of
the placement of the temporary holding tank;
(3)
A notarized statement from an entity or an agency
licensed or approved by the Department of Environmental Protection
for sewage disposal confirming without reservation that said entity
or agency shall accept sewage from the proposed facility during the
entire period of use thereof;
(4)
A copy of a valid sewage disposal system permit issued
by the Bucks County Department of Health; and
(5)
A security agreement on a form approved by the Township,
whereby the applicant assumes responsibility for the installation
and maintenance of the proposed facility and the pumping, hauling
and ultimate disposal of the sewage generated thereby and ultimate
removal of a temporary holding tank upon expiration of the permit
with an indemnification agreement saving and holding the Township
harmless from any and all liability and expenses, including legal
fees, arising from the use of the said facility or related to the
sewage therefrom at any and all time and of every nature.
E.
A permit shall be required for alterations or connections
to an existing holding tank when the alteration or connection requires
the repair, replacement or enlargement of a holding tank, or the repair,
replacement, disturbance, modification or enlargement of a soil absorption
area or spray field, or the soil within or under the soil absorption
area or spray field, as described in Title 25 of the Pennsylvania
Administrative Code or any other applicable statute or regulation.
A.
The Board of Supervisors, or its designated agent,
may issue a permit upon determining that the application is complete,
that the applicant has satisfied all requirements of this article
and that the proposed holding tank will not create a nuisance or a
threat to the health and welfare and the community and the public.
B.
The Board of Supervisors, or its designated agent,
may impose such reasonable conditions and safeguards upon the permit
as are necessary to protect the public interest.
C.
The Township shall issue or deny the required permit
in writing within seven days from the date the complete application
and all supporting documentation is received.
D.
Failure to act on an application shall not be deemed an approval thereof. If the Township fails to act upon an application within seven days of receipt, or within 15 days of receipt of supplemental information under § 166-37C, the applicant may request a hearing before the Board of Supervisors.
E.
The Township will not issue a building permit or occupancy
permit for a building structure that will utilize a temporary holding
tank until the application, design and construction of the tank are
approved by the Bucks County Department of Health and it has issued
an Act 537 permit for such system.
[Amended 10-20-2010 by Ord. No. 387]
In the event an application is denied, written
notice of denial setting forth the reasons for said action shall be
mailed to the applicant not later than seven days following the date
of said denial. The Township shall provide the required notice to
such other state and local entities and departments as are required
by applicable law and regulation.
A permit issued pursuant to this article shall
not be transferred. A transfer or attempted transfer of any permit,
or any interest therein, shall constitute a default under the holding
tank security agreement and a violation subject to the hereinafter
stated penalties.
As set forth under Title 25, § 71.63,
of the Pennsylvania Code, there shall be an annual inspection of the
temporary holding tank and said inspection shall generate a written
inspection report. The Township is to receive, review and retain all
pumping receipts from permitted holding tanks.
A.
Any person who violates any provision of this article
shall, upon conviction thereof by summary proceedings before a Magisterial
District Judge, be sentenced to pay a fine of not less than $1,000,
plus all court costs, including reasonable attorneys' fees incurred
by the Township as a result thereof. No judgment shall commence or
be imposed, levied or payable until the date of determination of violation
by the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues of each section of this article shall constitute
a separate offense.
B.
In addition, the Township, upon violation of a provision
of this article or default under a security agreement or performance
bond hereunder, shall, after five days', written notice is mailed
to the address of the property owner as stated in the permit or application,
have the following rights and recourse:
(1)
The Township shall have the right to revoke any permit
issued hereunder and institute any and all appropriate legal action
to restrain and prevent further use of the facility.
(2)
The Township, or its designated agent or agents, shall
have the right to enter upon the premises of the property owner and
take such remedial action as is necessary to maintain the system or
prevent a nuisance or health hazard, including the disconnection of
the system, pumping thereof, and hauling and disposal of the sewage
therefrom.
(3)
The Township shall have the right to impose upon the
property owner or permit holder all costs, fees and expenses, including
reasonable legal fees incurred as a result of a remedial action, enforcement
proceeding or litigation required or occasioned by any default, and
to institute any and all lawful proceedings in any court, including
actions for damages and costs, and equitable or injunctive relief,
including restraint of further use and occupancy of the premises.
(4)
The Township shall, in addition, have the right to
enter a lien upon the property owner or permit holder in the Office
of the Prothonotary or Recorder or Deeds in an amount equal to the
costs and expenses incurred as a result of any default or violation.
Upon the owner's failure to satisfy said lien, the Township shall
have the right to enforce the same by execution sale or foreclosure.
In addition to any other remedies provided in this article, any violation of § 166-38 shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
The use of the retaining tanks is temporary
and the validity of the permit, as provided in this agreement, shall
not exceed the period of 30 days after the applicant has been approved
to connect to a public sewer. The applicant or the permit holder is
responsible for removing said holding tank from the ground upon expiration
of the permit. Extensions of permits will be granted by the discretion
of the Township for good cause only.
A.
A permit shall be revoked by the Township at any time
for one or more of the following reasons:
(1)
When a change has occurred in the physical conditions
of lands which will materially affect the operation of a holding tank
covered by a permit issued by the Township under this article;
(2)
When one or more tests material to the issuance of
the permit has not been properly conducted;
(3)
When information relevant to the issuance of the permit
has been falsified;
(4)
When the original decision of the Township otherwise
failed to conform with the Act and this article; and/or
(5)
When the permit holder has violated the Act, this
article or the requirements of the permit.
B.
The notice of revocation of a permit shall be in writing
to the permit holder and shall include the reasons for revocation,
notice of the permit holder's opportunity to request a hearing before
the Township within 10 days of receipt of the revocation notice, and
notice that no further construction or use of either the holding tank
or the structure for which it is intended may take place until a new
permit is issued or the revocation is reversed by the Township.
C.
If a permit holder fails to file a written request
for a hearing under this article within 10 days after receipt of notice
of revocation, revocation shall be final.
This article constitutes the exclusive basis
whereby temporary holding tanks may be utilized within Lower Makefield
Township. All other ordinances, resolutions or parts of ordinances
or resolutions, insofar as they are inconsistent herewith, or purport
to authorize the use of holding tanks except as herein provided, are
hereby repealed.
If any sentence, clause, section or part of
this article is for any reason found by a court of competent jurisdiction
to be unconstitutional, illegal or invalid, such unconstitutionality,
illegality or invalidity shall not affect or impair any of the remaining
provisions, sentences, clauses, sections or parts of this article.
It is hereby declared as the intent of the Board of Supervisors of
Lower Makefield Township that this article would have been adopted
had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof had not been included therein.
