[Ord. 10-90, 7/3/1990, § 1; as amended by Ord.
2010-4, 6/2/2010, Part I]
It shall be unlawful for any person, firm, association, or corporation
to erect, construct, install, alter or extend any sewage system of
any kind within the limits of Shrewsbury Township or to have present
on his property in Shrewsbury Township any sewage disposal system
of any kind without a permit having been issued pursuant to this Part
permitting such erection, construction, installation, alteration or
extension and unless all of the provisions of the Pennsylvania Sewage
Facilities Act, and the regulations issued pursuant thereto respecting
the erection, construction, installation, alteration, extension, operation
and maintenance of the sewage disposal system have been complied with.
[Ord. 10-90, 7/3/1990, § 2]
It shall be unlawful for any person, firm, association or corporation
to maintain or use any sewage disposal system of any kind so that
vectors (insects and rodents capable of carrying disease) may have
access to the excrementitious matter contained thereon or so that
such sewage disposal directly or indirectly drains or discharges over
or upon the surface of the ground or into any waters of the Township.
It shall also be unlawful for any person, firm, association or corporation
to fail to comply with the requirements set forth in paragraphs .A
and/or .B of this Section.
A.
In the event any sewage disposal system shall be in violation of this Section of this Part, the owner of such system shall within two days of the occurrence of such violation apply to the Sewage Enforcement Officer for a permit to repair or replace such system unless pursuant to § 18-101 of this Part a permit for the required repair or alteration is not required, in which case the owner shall within 10 days repair the system, and within 10 days of being requested to do so, shall make such tests as the Sewage Enforcement Officer deems necessary to enable him to determine whether the sewage disposal system can be repaired and, if so, how it can be repaired, or if it cannot be repaired whether it can be replaced and if so, how it can be replaced. The Sewage Enforcement Officer shall investigate the conditions and evaluate the tests made by the owner, and if he determines the system can be repaired, or alternatively be replaced, he shall issue a permit authorizing such repair or replacement. He shall set forth on the permit or on an attachment thereto, the steps that the owner is to take to effect the repair and/or replacement of the system.
B.
The owner shall within 10 days of the issuance of such permit, complete
the repair and/or replacement of the sewage disposal system in accordance
with the requirements set forth on the permit or on the attachment
thereto unless the Sewage Enforcement Officer grants an extension
of time in writing, in which event the repair and/or replacement shall
be completed within the extended time. No work shall be covered until
inspected by the Sewage Enforcement Officer.
[Ord. 10-90, 7/3/1990, § 3]
It shall be unlawful for any person, firm, association or corporation
to occupy a building or structure or permit a building or structure
to be occupied as a dwelling unless such building or structure is
served by a sewage disposal system which is in compliance with all
of the provisions of the Pennsylvania Sewage Facilities Act and the
regulations issued pursuant thereto.
[Ord. 10-90, 7/3/1990, § 4]
All applications for permits shall be made to the Township Secretary,
who shall refer such applications to the permit officer or enforcement
official designated by the Board of Supervisors of Shrewsbury Township,
who shall evaluate the application's soil conditions to insure compliance
with the Pennsylvania Sewage Facilities Act, the regulations issued
pursuant thereto and with this Part. The applicant shall dig such
holes as may be required by the Sewage Enforcement Officer in order
to conduct percolation tests and evaluate soil conditions. All percolation
tests and/or probe hole evaluations shall be performed by the Shrewsbury
Township Sewage Enforcement Officer or someone specifically approved
by him.
[Ord. 10-90, 7/3/1990, § 5; as amended by Ord.
2008-02, 8/6/2008]
Applications for permits shall be in writing, shall be signed
by the applicant, and shall be on the standard form adopted by or
prescribed by the Pennsylvania Department of Environmental Protection
and/or by Shrewsbury Township. Any system for which a permit is granted
shall be completed within 12 months of the date of the granting of
the permit.
[Ord. 10-90, 7/3/1990, § 6; as amended by Ord.
91-7, 3/6/1991; by Ord. 96-4, 3/9/1996, § 6; by Ord. 00-07,
5/3/2000, § 6; and by Ord. 2008-02, 8/6/2008]
1.
The fees to be paid at the time of the application in such amounts
as may be established from time to time by resolution of the Board
of Supervisors.
2.
No fee shall be refunded to the applicant in the event a permit is
not granted or in the event the evaluation of percolation tests and/or
analysis of probe holes causes the permit officer to reject the lot
as a site for an on-site sewage disposal system. All tests required
by any application not performed by the Township permit or enforcement
officer shall be performed by the applicant at his own expense in
a manner satisfactory to the permit or enforcement officer.
3.
In the event a check paying any of the fees provided in this Section
is dishonored, any permit or approval issued, the fees for which were
in whole or in part covered by such check, shall be void and shall
not be reinstated until the Township has received payment in full
of all sums represented by such dishonored check plus an additional
administrative charge in an amount as established from time to time
by resolution of the Board of Supervisors.
[Ord. 10-90, 7/3/1990, § 7; as amended by Ord.
91-7, 3/6/1991; by Ord. 2008-02, 8/6/2008; and by Ord. No. 2023-03, 5/3/2023]
The Township Code Enforcement Officer is hereby authorized to
enforce a violation of the provisions of this Part by initiating a
civil enforcement proceeding before a Magisterial District Justice.
Upon being found liable therefor, a violator shall be subject to a
civil penalty not to exceed $300 for the first offense, $600 for a
second offense, and $1,000 for the third and each subsequent offense
per violation, plus additional daily penalties for continuing violations,
court costs and reasonable attorney fees incurred by the Township
in the enforcement proceedings. In addition to or in lieu of civil
actions before a Magisterial District Justice, the Township may enforce
this Part by an action in equity. Each day that a violation continues
shall be deemed a separate violation.
[Ord. 10-90, 7/3/1990, § 8]
1.
No person, firm, association, or corporation which has been in violation
of any of the provisions of this Part shall subsequently be issued
a permit to erect, construct, alter, or extend any sewage disposal
system of any kind until the previous violation has been cured by
the securing of a permit.
2.
For purposes of the interpretation of this Section, the person, firm,
association, or corporation applying for a permit, hereinafter referred
to as "applicant," shall be considered the identical person, firm,
association, or corporation as the one in violation, hereinafter referred
to as "violator," if at least 20% of the ownership equity in both
the "applicant" and the "violator" can be attributed to the same person,
firm, association, or corporation. For purposes of this Section, a
person, firm, association, or corporation shall have attributed to
him:
A.
All of the equity, stock, or partnership share owned by a corporation
in which he and his spouse own at least 50% of all of the outstanding
voting stock.
B.
With respect to a corporation in which he and his spouse own less
than 50% of the outstanding voting stock, the same percentage of the
ownership equity, stock, or partnership share that the voting stock
owned by him and his spouse bears to the entire outstanding voting
stock of the corporation.
C.
All of the equity, as tenants in common, joint tenants, or tenants
by the entireties, owned by him and his spouse.
D.
All of the equity owned by a partnership in which the value of the
partnership shares owned by him and his spouse is at least 50% of
the value of all of the partnership shares.
E.
With respect to a partnership in which the value of the partnership
shares owned by him and his spouse is less than 50% of all the partnership
shares, the same percentage of ownership equity which the value of
the partnership shares owned by him and his spouse to the value of
all the partnership shares.
3.
For purposes of this Section, "he" shall be interpreted to refer
to the masculine, the feminine, and the neuter.
[Ord. 10-90, 7/3/1990, § 9]
It shall be the burden of the "applicant" to prove that the
applicant is not the same person, firm, association, or corporation
as the "violator."
