[Ord. 2014-7, 6/17/2014, § I]
1.Â
This part shall be known and may be known as "an ordinance providing
for the On-Lot Sewage Management Program for Solebury Township."
2.Â
As mandated by the municipal codes, the Clean Streams Law (35 P.S.
§§ 691.1 — 691.1001), and the Pennsylvania Sewage
Facilities Act (Act of January 24, 1966, P.L. 1535 as amended, 35
P.S. § 750.1 et seq., known as Act 537), municipalities
have the power and the duty to provide for adequate sewage treatment
facilities and for the protection of the public health by preventing
the discharge of untreated or inadequately treated sewage. The Official
Sewage Facilities Plan for Solebury Township indicates that a sewage
management program will be implemented to effectively prevent and
abate water pollution and hazards to the public health caused by improper
treatment and disposal of sewage, which is also in accordance with
the resource protection goals of Solebury Township's Comprehensive
Plan.
3.Â
The purpose of this part is to provide for the regulation, inspection,
operation, maintenance and rehabilitation of on-lot sewage disposal
systems; to further permit the Township to intervene in situations
which may constitute a public nuisance or hazard to the public health;
and to establish penalties and appeal procedures necessary for the
proper administration of a sewage management program.
[Ord. 2014-7, 6/17/2014, § II]
A component of an individual or community sewage system where
liquid from a treatment tank seeps into the soil, and which consists
of an aggregate-filled area containing piping for the distribution
of liquid and the soil or sand/soil combination located beneath the
aggregate.
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, (1965 P.L. 1535, No. 537), as amended, 35 P.S. § 750.1
et seq., and which is also referred to as Act 537.
Coarse material manufactured from stone, gravel or slag,
having Type B characteristics as described in the Department of Transportation
specifications, Form 408, section 703.3, Table B and uniform size
and grading equivalent to American Association of State Highway and
Transportation Officials No. 57, as described in Form 408, section
703.3, 2 Table C.
A demonstrated method for the treatment and disposal of sewage
that meet the criteria in 25 Pa. Code § 73.72, and as described
in the Alternate Systems Guidance published by DEP. Examples include,
but are not limited, to composting toilets, sand filter and peat-based
systems, gray-water systems and drip irrigation systems.
A certified sewage enforcement officer, professional engineer
or sanitarian, Plumbing Inspector, soils scientist or any other qualified
or licensed provisions of this part.
The Board of Supervisors of Solebury Township.
An individual or third party employed by the Township responsible
for administering and enforcing Building Code inspections and permitting
under the Uniform Commercial Code and Township ordinances.
[Added by Ord. No. 2021-008, 10/19/2021]
The piping carrying liquid wastes from a building to the
treatment tank or holding tank.
A covered pit with open jointed lining which receives sewage
or other organic wastes directly from a building drain or building
sewer and which retains and allows liquid waste to pass through the
bottom and sides of the pit. This is an antiquated sewage system that
predates DEP standards at 25 Pa. Code § 73.[1]
A community sewage system, which uses a system of piping,
tanks or other facilities for collecting, treating or disposing of
sewage into a soil absorption area or spray field or by retention
in a retaining tank.
A sewage facility, whether publicly or privately owned, for
the collection of sewage from two or more lots, or two or more equivalent
dwelling units, and the treatment and/or disposal of the sewage on
one or more of the lots or at another site.
A system employing the use of demonstrated on-lot sewage
treatment and disposal technology in a manner specifically recognized
by the Pennsylvania Sewage Facilities Act. The term refers to individual
and community on-lot sewage systems, including sand mounds but does
not include alternate or experimental sewage systems.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
The pump housed in a dosing tank which provides a measured
volume of sewage effluent to a pressurized distribution system in
an absorption area.
The number of lots in a subdivision for the purpose of determining
planning exemptions and fees for planning module reviews; or that
part of multiple-family dwellings, and commercial, industrial or institutional
establishments with sewage flows equal to 400 GPD. EDUs shall be rounded
up to whole numbers.
A method of on-lot sewage treatment and disposal not included
in the Act and which is proposed for the purposes of testing and observation.
An individual sewage system serving a single lot that uses
a system of piping, tanks or other facilities for collecting, treating
or disposing of sewage into a soil absorption area or spray field
or by retention in a retaining tank.
An individual sewage system which serves a single dwelling
and which treats and disposes of sewage using a system of piping,
treatment tanks and soil renovation through spray irrigation.
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into waters of the Commonwealth of Pennsylvania or by
means of conveyance to another site for final disposal.
A land development as defined in the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended,
53 P.S. § 10101 et seq.
The entity to which DEP has delegated the authority to administer
the new land development planning and sewage facilities permitting
provisions of the Act. The local agency for the Township is the Bucks
County Department of Health.
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. Whenever a lot is used for a multiple-family dwelling or
for commercial, institutional or industrial purposes, an EDU value
shall be assigned, as determined by an estimate of sewage flows.
Those actions required to provide for the long term proper
functioning of an on-lot sewage system, including, but not limited
to, pumping septage from a septic tank, cesspool or dry well and pump
tank; cleaning, pumping or leveling of distribution box; removal of
trees or other growth affecting the operation of an on-lot sewage
system; diversion of surface water away from an on-lot sewage system;
and reduction of flow from the structure being served, such as installation
of water conservation devices.
The condition which occurs when an on-lot sewage disposal
system discharges inadequately treated sewage onto the surface of
the ground, into the groundwater or surface waters, or causes the
contamination of private or public drinking water supplies, nuisance
problems or hazard to public health. Systems shall be considered to
be malfunctioning if any condition noted occurs for any length of
time during any time of the year. Indications of malfunctioning systems
include, but are not limited to, foul odors, lush grass growing over
the on-lot sewage system, overflow of any component, backup of wastewater
in the attached buildings, soggy ground over the on-lot sewage system,
or surfacing sewage effluent flowing over the ground.
A Comprehensive Plan for the provision of adequate sewage
systems, adopted by the Township and approved by DEP in accordance
with the Act and with applicable DEP regulations.
Any sewage system for disposal of domestic sewage involving
pretreatment and subsequent disposal of clarified sewage into a subsurface
soil absorption area or retaining tank. The term refers to both individual
and community sewage systems.
The form made available by the Township to property owners
to register their on-lot sewage system with the Township.
Any person or persons, corporation, partnership, trust, or
other legal entity holding deed/title to lands within the Township.
Any individual, association, partnership, public or private
corporation for profit or not-for-profit, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district, authority, or any other legal entity whatsoever
is recognized by law as the subject of rights and duties. Whenever
the term person is used in connection with any clause prescribing
and imposing a penalty or imposing a fine or imprisonment, the term
person shall include the members of an association, partnership or
firm and the officers of any local agency or municipal, public or
private corporation for profit or not-for-profit.
A supplement, revision to, or exception to the revision of
Solebury Township's Official Sewage Facilities Plan submitted in accordance
with DEP requirements and as required for approval of a subdivision
or land development plan.
The form used by the licensed pumper/hauler to report pumping
of an on-lot sewage system.
Any person who engages in cleaning or pumping out individual
or community on-lot sewage systems and who transports the septage
removed from these sewage systems for disposal, as licensed by the
Bucks County Department of Health.
Work done to modify, alter, relocate, repair, enlarge or
replace all or part of an existing on-lot sewage system including
filters, pumps and connecting lines.
An area designated as the future location of an individual
on-lot sewage system that shall be installed should the originally-installed
individual on-lot sewage system fail or otherwise become inoperable
and which shall meet all the regulations of DEP and all applicable
Township ordinances for an individual on-lot sewage disposal system,
and shall be protected from encroachment by an easement recorded on
the final plan as filed with the Bucks County Recorder of Deeds.
A watertight receptacle that receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. The term includes the following:
|
CHEMICAL TOILET — A permanent or portable non-flushing
toilet using chemical treatment in the retaining tank for odor control.
| |
|
COMPOSTING TOILET — A device for holding and processing
human and organic kitchen waste employing the process of biological
degradation through the action of microorganisms to produce a stable,
humus-like material.
| |
|
HOLDING TANK — A tank, whether permanent or temporary,
to which sewage is conveyed by a water-carrying system.
| |
|
INCINERATING TOILET — A device capable of reducing waste
materials to ashes.
| |
|
PRIVY — A tank designed to receive sewage where water
under pressure is not available.
| |
|
RECYCLING TOILET — A device in which the flushing medium
is restored to a condition suitable for reuse in flushing.
|
The residual scum and sludge pumped from an on-lot sewage
system comprised of a septic tank.
A substance that contains any of the waste products or excrement
or other discharge from the bodies of human beings or animals; a substance
harmful to the public health, to animal or aquatic life, or to the
use of water for domestic water supply or for recreation; or a substance
which constitutes pollution under the Pennsylvania Clean Streams Law
at 35 P.S. §§ 691.1 — 691.1001
A person certified by the Pennsylvania Department of Environmental
Protection in accordance with 25 Pa. Code § 71, Administration
of Sewage Facilities Program, to perform percolation tests, site and
soil evaluations, and review and issue sewage permits for on-lot sewage
disposal systems. The Sewage Enforcement Officer for the Township
is provided by the Bucks County Health Department.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this part, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder
and such other regulations adopted by the Township to effectively
enforce and administer this part.
An individual or community sewage system designed to adequately
treat sewage flows not greater than 2,000 gallons per day (GPD) for
final disposal using a stream discharge or other methods approved
by DEP.
Piping, spray heads and ground surface to the outside edges
of the wetted perimeter, used for the application and treatment of
the sewage effluent from an individual residential spray irrigation
system.
A division of a lot, tract or other parcel of land as defined
by the Pennsylvania Municipalities Planning Code, Act of July 31,
1968, P.L. 805, No. 247, as amended, 53 P.S. § 10101 et
seq.
Solebury Township, Bucks County, Pennsylvania, its Board
of Supervisors, their designated officials or authorized agent.
Rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, ponds, springs and
other bodies and channels of conveyance of surface or underground
water, or any of their parts, whether natural or artificial within
or on the boundaries of this commonwealth.
A Township official/employee responsible for zoning and subdivision
and land development functions as set out by the Municipalities Planning
Code, the Zoning Code and the Subdivision and Land Development Ordinance,
and for administering and enforcing Township Code of Ordinances.
[Added by Ord. No. 2021-008, 10/19/2021]
[1]
Editor's Note: The former definition of "Codes Enforcement
Officer," which immediately followed this definition, was repealed
by Ord. No. 2021-008, 10/19/2021.
[Ord. 2014-7, 6/17/2014, § III]
From the effective date of this part, its provisions shall apply
to all persons owning any property served by an individual or community
on-lot sewage disposal system and to all persons installing, servicing
or rehabilitating on-lot sewage disposal systems.
[Ord. 2014-7, 6/17/2014, § IV]
1.Â
No person shall install, construct, or rehabilitate, or solicit proposals
for the installation, construction or rehabilitation of an individual
or community on-lot sewage system, or occupy any building or structure
for which an individual or community on-lot sewage system is to be
installed without first obtaining a permit from the Bucks County Department
of Health. The permit shall indicate that the site and the plans and
specifications of the system comply with the provisions of the Clean
Streams Law, the Pennsylvania Sewage Facilities Act and the regulations
adopted pursuant to those Acts.
2.Â
Systems or structures designed to provide individual or community
sewage disposal shall not be covered from view until approval to cover
the same has been given by the Bucks County Department of Health.
3.Â
Applicants for individual or community sewage system permits shall
notify the Bucks County Department of Health of the schedule for construction
of the permitted on-lot sewage disposal system so the inspections,
in addition to the final inspection required by the Act, may be scheduled
and performed by the Bucks County Department of Health.
4.Â
No building or occupancy permit shall be issued by the Township or
its Building Code Official for a new building which will contain sewage
generating facilities until a valid sewage permit has been obtained
from the Bucks County Department of Health.
[Amended by Ord. No. 2021-008, 10/19/2021]
5.Â
No building or occupancy permit shall be issued by the Township,
and no work shall begin on any alteration or conversion of any existing
structure, if said alteration or conversion will result in the increase
or potential increase in sewage flows from the structure, until approval
of use of the existing sewage system has been received from the Bucks
County Department of Health. The Township should receive notification
from the Bucks County Department of Health of all sewage permits reviewed
and issued in the Township.
6.Â
Individual or community sewage disposal permits may be issued only
by a Sewage Enforcement Officer employed by the Bucks County Department
of Health in the Township per the requirements of 25 Pa. Code § 72.
7.Â
No contractor shall install, construct or rehabilitate or alter an
individual or community sewage disposal system without verifying that
the property owner has complied with the provisions of this part.
8.Â
Exemptions for properties of 10 acres or more are not permitted.
These properties shall obtain a permit indicating that the on-lot
sewage disposal system meets the construction requirements of the
Pennsylvania Sewage Facilities Act 537 as identified in 25 Pa. Code
§ 72.22(e) and (f).
9.Â
The planning, design, siting, construction, maintenance, repair and
replacement of any on-lot sewage disposal system shall be conducted
in accordance with the requirements found at 25 Pa. Code § 73
and as adopted by resolution of the Township Board of Supervisors.
[Ord. 2014-7, 6/17/2014, § V]
1.Â
Replacement areas are necessary if the primary on-lot sewage disposal
area fails and presents a threat to human health. The requirement
for, and protection of, replacement areas provide minimum standards
for the prevention and suppression of disease and health risks associated
with the use of on-lot sewage disposal systems.
2.Â
A replacement area shall be defined for all new or proposed lots
that will not be served by public sewer. The replacement area shall
comply with all isolation distances required by DEP in accordance
with 25 Pa. Code § 73 and with the Township requirements.
3.Â
The proposed lot must have sufficient suitable area for the proposed
primary on-lot sewage disposal system as well as 100% reserve replacement
area in the event of a failure of the primary on-lot sewage disposal
system. The proposed replacement area shall be protected and reserved
for future use as an absorption area with similar design and configuration
as the primary on-lot sewage disposal system for potential repair
or replacement of the primary on-lot sewage disposal system. The replacement
area shall meet DEP criteria and be tested and receive soil suitability
approval by Bucks County Department of Health at the same time as
the primary area.
4.Â
A holding tank shall not be designed as a replacement area.
5.Â
Areas reserved for primary and replacement on-lot sewage disposal
sites may not have driveways, parking areas or structures constructed
over them. A Declaration of Restrictions shall be recorded at the
sole expense of the property owner in the office of the Bucks County
Recorder of Deeds stating that the replacement area shall not be graded
or disturbed, that no permanent or temporary improvements of any character
shall be constructed thereon, and that no plant material shall be
established within the replacement area other than shallow-rooted
plant material. A plan depicting the replacement area shall be recorded
with the Declaration of Restrictions.
6.Â
Any person who desires to construct improvements within the replacement
area shall demonstrate to the satisfaction of the Bucks County Department
of Health and the Township that an alternate replacement area location,
which complies with DEP and Township requirements, exists upon the
lot. If the substituted replacement area is acceptable, a Declaration
of Restrictions shall be recorded at the sole expense of the property
owner in the office of the Bucks County Recorder of Deeds designating
the new replacement area location and vacating the original replacement
area.
[Ord. 2014-7, 6/17/2014, § VI]
1.Â
Any on-lot sewage disposal system may be inspected by the Township
or its authorized agent at any reasonable time as of the effective
date of this part.
2.Â
The Township or its authorized agent will provide advance notification
to the resident/owner of the Township's intent to inspect an on-lot
sewage disposal system. The resident/owner may or may not be present
during the inspection, at the resident's/owner's discretion.
3.Â
Such inspection may include a physical tour of the property, the
taking of samples from surface water, wells, other groundwater sources,
the sampling of the contents of the sewage disposal system itself
and/or the introduction of a traceable substance into the interior
plumbing of the structure served to ascertain the path and ultimate
destination of wastewater generated in the structure. A copy of the
inspection report shall be furnished to the property owner.
4.Â
An authorized agent shall have the right to enter upon land for the
purposes of inspections described in this section. In the event that
access to inspect the property is denied, the Township shall be authorized
to take such steps as are appropriate to secure access to the property
for the purpose of determining compliance with the terms and conditions
of this part. Such steps shall include, but not be limited to, the
seeking of an administrative search warrant from the appropriate judicial
official.
[Ord. 2014-7, 6/17/2014, § VII]
1.Â
In accordance with the requirements of 25 Pa. Code § 73,
only normal domestic wastewater including kitchen, bathroom, laundry
and softener backwash wastewater shall be discharged into on-lot sewage
disposal systems. The following shall not be discharged into on-lot
sewage disposal systems:
A.Â
Industrial waste.
B.Â
Automobile oil and other non-domestic oil.
C.Â
Toxic or hazardous substances or chemicals including, but not limited
to, pesticides, disinfectants (excluding household cleaners), acids,
paints, paint thinners, herbicides, gasoline and other solvents.
D.Â
Clean surface or ground water, including water from roof or cellar
drains, springs, basement sump pumps and French drains.
E.Â
Any nonbiodegradable materials.
F.Â
Backflow from the absorption area following or during pumping out
of the on-lot sewage disposal system.
G.Â
Surface discharges, ponding or other signs of malfunction in the
vicinity of the absorption area.
2.Â
All new construction served by on-lot sewage disposal systems shall
be required to install water conservation devices and fixtures in
compliance with the provisions of the Pennsylvania Uniform Construction
Code and Res. 88-2, Revision No. 2, of the Delaware River Basin Commission
as it may be amended from time to time. Any existing malfunctioning
on-lot sewage disposal system may also be required to install water
conservation devices and fixtures to improve the performance of such
malfunctioning systems.
3.Â
The use of garbage disposals connected to on-lot sewage disposal
systems in the Township is prohibited for new construction and is
strongly discouraged for existing on-lot sewage disposal systems,
as garbage disposals may increase solids in the treatment tank which
requires more frequent pumping or they may cause malfunctioning of
the on-lot sewage disposal system.
[Ord. 2014-7, 6/17/2014, § VIII]
1.Â
All on-lot sewage disposal systems shall be inspected and pumped
out by a licensed pumper/hauler selected by the property owner at
least once every three years or whenever an inspection reveals that
the treatment tanks are filled with solids or scum in excess of one-third
of the liquid depth of the tank. The three-year period begins for
new on-lot sewage disposal systems on the date when the on-lot sewage
disposal system is approved for use by the Bucks County Department
of Health. Existing on-lot sewage disposal systems shall begin their
three-year pumping schedule within 12 months of the date the notification
letter from the Township is postmarked.
2.Â
The property owner of an on-lot sewage disposal system is responsible
for providing a copy of the pumper/hauler receipt to the Township
within 30 days of the date of the pumping.
3.Â
Sand filters that are part of IRSIS, SFTF or other approved on-lot
sewage disposal systems shall be inspected and repaired, as necessary,
at least once every year.
4.Â
Any non-routine maintenance or repairs performed on an on-lot sewage
disposal system must be reported to the Bucks County Department of
Health and the Township by the property owner for approval prior to
initiating such maintenance or repairs.
5.Â
Surface contouring (grades) and other measures consistent with 25
Pa. Code § 73 shall be maintained to divert stormwater away
from treatment facilities and absorption areas and protect absorption
areas from physical damage.
6.Â
Where applicable, pursuant to § 18-111 of this part, the on-lot sewage disposal system shall be maintained in accordance with provisions of the operation and maintenance agreement executed for the on-lot sewage disposal system.
7.Â
Emergency repair or replacement of on-lot sewage disposal system
components without prior approval or permit from the Bucks County
Department of Health shall be limited to pumping of a septic tank,
tight tank or cesspool as frequently as necessary to prevent backup
or breakout of the system.
[Ord. 2014-7, 6/17/2014, § IX]
1.Â
No person shall operate and maintain an on-lot sewage disposal system
in such a manner that it malfunctions, as determined by the Bucks
County Department of Health. All liquid wastes, including kitchen
and laundry wastes and water softener backwash, shall be discharged
to a treatment tank. No sewage system shall discharge untreated or
partially treated sewage to the surface of the ground or into the
waters of the commonwealth unless a permit to discharge has been obtained
from DEP.
2.Â
If the Bucks County Department of Health identifies a malfunction
of an on-lot sewage disposal system, the property owner shall make
application to the Bucks County Department of Health for approval
to repair, rehabilitate or replace the malfunctioning system. Such
repairs, rehabilitation or replacement may include: cleaning, repair
or replacement of components of existing on-lot sewage disposal system;
adding capacity or otherwise altering or replacing the on-lot system's
treatment tank; expanding or replacing the existing disposal area;
replacing a gravity distribution system with a pressurized system;
and such other alternatives as appropriate for the specific site.
3.Â
If a property with a malfunctioning on-lot sewage disposal system
abuts or fronts an existing municipal sewer system, the Bucks County
Department of Health may require the property owner to connect to
the municipal sewer system at the property owner's sole expense. In
this case, the Bucks County Department of Health may not approve the
repair of the malfunctioning on-lot sewage disposal system.
4.Â
The Township will notify the Bucks County Department of Health if
Township staff observes any malfunction of an on-lot sewage disposal
system within the Township.
5.Â
The Bucks County Department of Health will provide copies of all
approvals issued for the repair or replacement of malfunctioning on-lot
sewage disposal systems to the Township.
[Ord. 2014-7, 6/17/2014, § X]
1.Â
All proposed and existing lots in the Township shall employ either individual or community sewage disposal. The highest priority sewage disposal alternative in accordance with Subsection 2 that can be administratively and technically implemented on the property shall be utilized. If sewage disposal cannot be provided by a higher rank alternative than proposed, the applicant shall submit a written explanation of the reasons why the lot is not suitable for a higher ranked disposal option, and include appropriate supporting data. A decrease in the number of dwelling units and/or business establishments that could be served by one of the sewage disposal alternatives on the subject property shall not constitute a valid reason why a higher ranked alternative is not utilized in favor of a lower priority alternative.
2.Â
On-lot sewage disposal priority alternatives ranked from high to
low are shown on Table 18-1-1.
|
Table 18-1-1
On-lot Sewage Disposal Priority Alternatives
| ||
|---|---|---|
|
1
|
Individual On-Lot Subsurface Sewage Disposal
| |
|
2
|
Individual On-Lot Elevated or At-Grade Sand Mound Bed
| |
|
3
|
Individual On-Lot Residential Spray Irrigation System
| |
|
4
|
Individual On-Lot Alternate System
| |
|
5
|
Community On-Lot Subsurface Sewage Disposal
| |
|
6
|
Community On-Lot Elevated or At-Grade Sand Mound Bed
| |
|
7
|
Community On-Lot Spray Irrigation System
| |
|
8
|
Experimental System or Other System Not Listed Above
| |
|
9
|
Holding Tank per BCDH and DEP Requirements
| |
[Ord. 2014-7, 6/17/2014, § XI]
The Township, upon written notice from the Bucks County Department
of Health that an imminent health hazard exists due to failure of
a property owner to maintain, repair or replace an on-lot sewage disposal
system, shall have the authority to perform or contract to have performed,
the work required by the Bucks County Department of Health. The property
owner shall be charged for the work performed and, if necessary, a
lien shall be recorded in accordance with law.
[Ord. 2014-7, 6/17/2014, § XII]
1.Â
All septage pumper/haulers operating within the Township shall be
licensed by the Bucks County Department of Health and/or DEP, as applicable.
2.Â
All septage originating within the Township shall be disposed of
at sites or facilities approved by DEP. Approved sites or facilities
shall include the following: septage treatment facilities, wastewater
treatment plants, composting sites and approved farm lands.
[Ord. 2014-7, 6/17/2014, § XIII]
1.Â
All owners of property or persons proposing to utilize an individual
residential spray irrigation system, small flow treatment facility,
alternate or experimental sewage disposal facility, or on-lot sewage
disposal system on a site containing marginal site conditions, shall
execute a sewage facilities operation and maintenance agreement with
the Township. Such Agreement will contain system specific requirements
for the proposed system type.
2.Â
The operation and maintenance agreement shall provide for the deposit
of a nonrefundable fee to the Township for administration and future
compliance monitoring; and shall further provide for sufficient financial
security to guarantee the proper operation and maintenance of the
proposed facility in accordance with the Pennsylvania Sewage Facilities
Act, which may include, cash, Letter of Credit, or other Township-approved
financial security. The amount of financial security shall be established
by the Township and is subject to revision from time to time by adoption
of a resolution of the Board of Supervisors.
3.Â
Prior to adoption of an Operation and Maintenance Agreement by the
Township, the property owner shall accomplish the following:
A.Â
Owner shall furnish verification in writing from the Bucks County
Department of Health indicating that the site complies with design
standards in accordance with 25 Pa. Code § 73 for installation
of an on-lot-sewage disposal system as proposed.
B.Â
Three copies of the design and site plan for the proposed on-lot
sewage disposal system, including details associated with required
maintenance of the system, shall be provided to the Township. Owner
shall furnish permit information to the Township for a small flow
treatment facility upon receipt from DEP.
C.Â
A fee and escrow, in an amount established by separate resolution
of the Board of Supervisors and as amended from time to time, shall
be deposited with the Township for review of the submitted design
and site plan and for preparation of the operation and maintenance
agreement.
D.Â
Financial security, as required by the operation and maintenance
agreement, will be held by the Township for so long as the system
remains in use and until the property is connected to public sewers
and used only in the event the Township is required to perform any
services, or pay for any services, relative to administering the operation
and maintenance agreement. Such financial security shall be deposited
by the owner in a form acceptable to the Township.
4.Â
If a property owner that has a sewage facilities operation and maintenance
agreement with the Township proposes to sell the property containing
such sewage facilities, the owner shall provide the buyer with a copy
of the Township maintenance requirements and the maintenance and repair
record for the sewage facilities. In addition, any sale agreement
for the purchase of a property containing sewage facilities as defined
under this part shall contain the buyer's acknowledgment of receipt
of the operation and maintenance agreement for said property.
[Ord. 2014-7, 6/17/2014, § XIV]
1.Â
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this part.
2.Â
The Township shall employ qualified individuals to carry out the
provisions of this part. While the sewage enforcement officer represents
the Bucks County Department of Health, the Township may employ a Zoning
Officer, secretary, administrator or other persons as required. The
Township may also contract with private qualified persons or firms
as necessary to carry out the provisions of this part.
[Amended by Ord. No. 2021-008, 10/19/2021]
3.Â
The Township shall establish all administrative procedures necessary
to properly carry out the provisions of this part.
4.Â
The Township may establish fees, by resolution of the Board of Supervisors,
the purpose of which is to defray the costs of the on-lot sewage management
program as set forth in this part.
[Ord. 2014-7, 6/17/2014, § XV]
1.Â
Appeals from written decisions of the Township or its authorized
agents under this part shall be made to the Township in writing within
30 days from the date of the decision in question.
2.Â
The person appealing shall be entitled to a hearing before the Township
Board of Supervisors within 30 days of receipt of the appeal. The
hearing shall be conducted in accordance with the provisions of the
Pennsylvania Local Agency Act. The hearing may be postponed for a
good cause shown by the appellant or the Township. Additional evidence
may be introduced at the hearing provided that it is submitted with
the written notice of appeal. The Township shall thereafter affirm,
modify or reverse the aforesaid decision.
3.Â
A decision shall be rendered in writing by the Township within 45
days of the date of the hearing. If a decision is not rendered within
45 days, the relief sought by the appellant shall be deemed granted.
4.Â
Any person aggrieved by a decision of the Board of Supervisors under
this part may file an appeal to the Court of Common Pleas of Bucks
County within 30 days after such written decision from the Board of
Supervisors.
[Ord. 2014-7, 6/17/2014, § XVI; as amended by A.O.]
1.Â
Any person failing to comply with any provisions of this part shall
be given notice by the Township of the noncompliance. The person will
be given 60 days to comply with this part.
2.Â
After 60 days, any person, firm or corporation who shall violate
any provision of this part, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment in the Bucks County Prison not to exceed 90 days.
Each day that such violation is continued after notice shall constitute
a new and separate offense, punishable by like fine, penalty or imprisonment,
and further notices to the offender shall not be required in order
to constitute such continuances as an additional offense or offenses.
3.Â
All fines, penalties and costs collected for the violation of this
part shall be paid over to the Township. Proceedings for the violation
of this part and for the collection of fines and penalties imposed
thereby may be commenced by warrant or by summons at the discretion
of the magisterial district judge before whom the proceedings is begun.
4.Â
In addition to the rights as set forth in this section, the Township
may take such other rights as are available to it to enforce the provisions
of this part including resorting to the courts of equity to seek compliance
with the provisions of this part.
