In accordance with § 18-104 of this Part, an on-lot disposal system (OLDS), as defined in Table 1 of this Part[1], requiring an operation and maintenance agreement (O&M) shall not be installed, nor shall any building be occupied, until an OLDS O&M agreement in a form deemed acceptable by the Township has been executed by the Township. The applicant for a building permit for any subdivision or land development which will utilize such an OLDS shall submit to the Township an OLDS O&M agreement prior to filing of a building permit application.
[1]
Editor's Note: Table 1 is on file in the Township offices.
To meet the requirements of § 18-131, an OLDS O&M agreement shall be submitted to the Upper Makefield Township Code Enforcement Office on any business day.
A. 
The Code Enforcement Office shall forward one copy of the O&M agreement to the Township Engineer and Solicitor for review and comment.
B. 
The Code Enforcement Office may review the O&M agreement with the Township Planning Commission, Township Engineer, Township Solicitor and other municipal officials in order to determine approval, conditional approval or disapproval of the agreement.
A. 
The Code Enforcement Office shall issue a Township OLDS O&M agreement for IRSIS, individual small flow stream discharge, or experimental OLDS prior to submission of an application for permit to the Bucks County Department of Health (BCDH) and, in the case of a large volume on-lot sewage system, a water quality management permit from PADEP. In the case of new systems that require sewage facilities planning approval, the property owner shall execute an O&M agreement prior to granting of planning approval by the Township. This section applies to new OLDS and replacement of existing OLDS.
B. 
No OLDS as defined in Table 1 of this Part[1] requiring an O&M agreement shall be installed, nor shall any building be occupied, until an OLDS O&M agreement has been issued by the Township.
[1]
Editor's Note: Table 1 is on file in the Township offices.
New OLDS installation. An application for an OLDS O&M agreement for new construction shall include the following items:
A. 
Two copies of the proposed O&M agreement in a form acceptable to the Township. (See Appendix A for an example O&M agreement[1]).
[1]
Editor's Note: Appendix A is on file in the Township offices.
B. 
Two copies of the approved subdivision or land development plan, except for situations in which an O&M agreement is required as part of sewage facilities planning, in which event the proposed subdivision or land development plan shall be submitted with the application.
C. 
Two copies of the BCDH sewage disposal system application for permit with all approved maps, plans, and narratives.
A. 
Construction escrow.
(1) 
As required by Table 1 of this Part[1] and as outlined below, the property owner or agent of the owner shall file with the Upper Makefield Board of Supervisors a construction escrow financial security for each community OLDS. The construction standards and purpose and management of the escrow shall be governed by a construction agreement and a financial security agreement between the Township and the owner in a form acceptable to the Township.
[1]
Editor's Note: Table 1 is on file in the Township offices.
(2) 
Financial security shall be in the form of cash, an irrevocable letter of credit, a restricted escrow account, or other form deemed acceptable by the Township.
(3) 
The amount of the construction escrow shall be as follows:
(a) 
For conventional individual subsurface OLDS, there shall be no construction escrow required.
(b) 
For individual residential spray irrigation systems (IRSIS), individual small flow stream discharge systems and individual alternate or experimental OLDS, there shall be no construction escrow required.
(c) 
For all community OLDS, the construction escrow shall be 110% of the estimated construction cost. The cost of the facilities shall be established by submission to the Board of Supervisors of a bona fide bid from the contractor or contractors chosen by the developer or property owner to complete the facilities reviewed and approved by the Township Engineer. If the developer requires more than one year from the date of posting of the financial security to complete the required facilities, the amount of financial security shall be increased by an additional 10% for each one year period after the first anniversary date of posting of financial security.
(d) 
The construction escrow shall be released to the property owner following completion of OLDS construction to the satisfaction of the BCDH and Township Engineer, and upon posting of the performance guarantee required by § 18-135B(1)(c) of this Part. Escrow funds shall be reduced by unpaid administrative, engineering, and legal expenses incurred during construction.
B. 
Performance guarantee.
(1) 
The Township requires a financial security performance guarantee to ensure continued operation and maintenance of the system. As outlined in Table 1 of this Part,[2] the following are the requirements for performance guarantees for OLDS operation and maintenance:
(a) 
For conventional individual subsurface OLDS, there shall be no performance guarantee required.
(b) 
Individual residential spray irrigation systems (IRSIS), individual small flow stream discharge systems, and individual alternate and experimental systems shall require a three-thousand-dollar cash performance guarantee for the life of the system to be deposited with the Township by system owner. The escrow shall be replenished as required by the operation and maintenance agreement.
(c) 
For all community OLDS, the performance guarantee shall be a cash escrow in an amount equal to two times the estimated annual cost of operation and maintenance, which shall be retained by the Township for the life of the system. The cash escrow shall be provided by the property owner, developer or contractor at the time of execution of the O&M agreement, and must be verified as accurate by the Township Engineer. The escrow shall be replenished as required.
[2]
Editor's Note: Table 1 is on file in the Township offices.