[Adopted 6-22-1988 by Ord. No. 318-88(Ch.
170, Art. IX, of the 1986 Code)]
The purpose of this article is to establish
procedures for the use and maintenance of holding tanks, as herein
defined, designed to receive and retain sewage, whether from residential
or commercial uses, and it is hereby declared that the enactment of
this article is necessary for the protection, benefit and preservation
of the health, safety and welfare of the inhabitants of this Borough.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
The Borough of Franklin Park.
A watertight receptacle which receives and retains sewage
with a capacity of sewage limited to 1,200 gallons and is designed
and constructed to facilitate ultimate disposal of the sewage at another
site. Such "holding tanks" include but are not limited to the following:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank system where sewage is conveyed to said tank by a water-carrying system.
VAULT PIT PRIVYA holding tank system designed to receive sewage where water under pressure is not available.
Any property within the Borough upon which there is erected
a structure intended for continuous or habitual habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
Any person who has a leasehold interest in any realty within
the Borough, whether the original lessee or a subtenant.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located within the Borough.
Any individual, partnership, company, association, corporation
or group or entity.
Any substance that contains any of the waste products or
excrement or other discharges from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, welfare or safety or to animal or aquatic life
or to the streams and rivers or to the use of water, whether for domestic
water consumption, supply or recreation.
The Zoning Officer of the Borough of Franklin Park.
A.
The Council of the Borough of Franklin Park may adopt
such rules and regulations concerning sewage that it may deem necessary
from time to time to control the methods of holding tank sewage collection,
transportation and collection thereof, and the Council may adopt such
rules and regulations concerning sewage that it may deem necessary
from time to time to effect the purposes herein. Such rules and regulations
shall be adopted by the Council either by motion or resolution.
B.
All such rules and regulations adopted by the Council
shall be in conformity with all applicable laws and applicable rules
and regulations of administrative agencies of the Commonwealth of
Pennsylvania.
[Amended 9-21-1994 by Ord. No. 413-94[1]]
A.
The collection and transportation of sewage from any
improved property utilizing a holding tank shall be done solely by
or under the direction and control of the Borough, and the disposal
thereof shall be made only at such site or sites as may be approved
by the Department of Environmental Protection of the Commonwealth
of Pennsylvania.
B.
The Borough will receive, review and retain pumping
receipts from permitted holding tanks.
C.
The Borough will complete and retain annual inspection
reports for each permitted tank.
The owner and the lessee, severally and jointly,
of an improved property that utilizes holding tanks shall:
A.
Maintain the holding tank in conformance with this
article and any other ordinance of the Borough, the provisions of
any applicable law, the rules and regulations of the Borough and any
other administrative agency of the Commonwealth of Pennsylvania or
Allegheny County.
B.
Any owner or lessee, prior to the collection, transportation
and disposal of the contents of any holding tank, shall make application
to the Zoning Officer setting forth the following:
C.
Upon the receipt of the application, the Zoning Officer
shall review the application for compliance with any rules and regulations
of the Borough or provisions of any applicable law.
D.
If the Zoning Officer disapproves the application
for collection and disposal, the Zoning Officer shall, by written
statement, state the objections of the Borough and what provisions
are necessary to correct said application. The owner and lessee shall
immediately take steps to correct the deficiencies of the application
and resubmit a new application for collection, transport and disposal
of the contents therein.
E.
The collection, transportation and disposal of the
contents of any holding tank shall be done at the cost of the owner
and/or lessee severally or jointly; provided, however, that if, in
the opinion of the Zoning Officer, the owner or lessee has neglected
or failed to collect, transport and dispose of the contents of any
holding tank as may be necessary, the Zoning Officer is authorized
to engage a qualified person to collect, transport and dispose of
the contents of said holding tank. The cost of such collection, transportation
and disposal shall be billed to the owner and/or lessee, jointly or
severally.
F.
Prior to the construction of any holding tank authorized
by the Zoning Officer pursuant to this article, or any other applicable
written law, rules and regulations, the owner and/or lessee shall
make application for a holding tank permit together with payment of
a license fee as set by resolution of the Borough Council. In addition
to the fee required, the owner and/or lessee shall be required to
place with the Borough a performance bond, with approved security
conditioned upon the faithful performance of collection, transportation
and disposal of the contents of the holding tank and removal of said
tank, in such amounts as determined by the Borough Engineer. In setting
the amount of the bond, the Borough Engineer shall determine the size
of the holding tank in relationship to the anticipated use as indicated
by the structure or dwelling said holding tank shall service and shall
make a calculation as to the number of times the contents of said
holding tank shall need to be collected, transported and disposed
within a calendar year and the cost of removal of said tank when no
longer needed. The Borough Engineer shall further estimate the cost
of the collection, transportation and disposal of the contents therein
for each annual year, which shall be the principal amount of the bond
required. All said bonds with approved surety shall be renewed annually
and shall be required during the use of said tank. The principal amount
of said bond may be increased or decreased annually by the Engineer
in accordance to the anticipated cost as determined by the aforesaid
calculations.[1]
G.
Should any owner and/or lessee neglect or fail to
make collection, transportation and disposal of the contents as required
or fails to do so within five days from notification by the Zoning
Officer, the Zoning Officer shall take one or more of the following
steps:
(1)
Arrange and contract for the collection, transportation
and disposal of the contents of said holding tank.
(2)
Issue a cease-and-desist order for use of the toilet
and sewage facilities which void into the said holding tanks.
(3)
Suspend and/or revoke the occupancy permit of the
buildings or structures said holding tank or tanks service.
H.
Prevent any leakage of the contents of said holding
tank into the ground, any watershed or any watercourse. Upon discovery
of any leakage by any person or the Zoning Officer, the owner and/or
lessee shall immediately cease using all toilet and sewage facilities
voiding into said holding tank until repaired or replaced and, within
one day, collect, transport and dispose of the contents.
I.
Upon construction of sanitary sewers in the area,
the owner shall, within 60 days after notice by the Borough, tap in
all sewage facilities servicing the site into the Borough's sanitary
sewer line and pay any and all fees or costs connected with said tap-in.
Prior service of the realty by a holding tank shall not be construed
to relieve the realty or the owner from payment of any assessed benefits
to the realty benefited by the construction of sanitary sewers.[2]
J.
Upon completion of the tap-in of any holding tank
site into the Borough's sanitary sewer system or upon the expiration
of 60 days from the date of notice, whichever is sooner, collect,
transport and dispose of the contents of any holding tank and remove
the holding tank from the site. In the proper case or circumstance,
the Zoning Officer may give written consent to the owner and/or lessee
to fill the holding tank with sand in lieu of removal.[3]
A.
Prior to any installation of any holding tank or issuance
of a holding tank permit by the Zoning Officer, the lessee or person
making actual installation of the holding tank shall submit, in writing,
to the Zoning Officer, at least two weeks prior to the intended installation,
the following data:
(1)
The type of holding tank intending to be installed
together with the size and capacity of said tank.
(2)
The useful life of said tank.
(3)
A certification from the manufacturer or any other
qualified person that said tank shall not leak its content during
the useful life of said tank.
(4)
The method of installation and the person hired to
do said installation.
B.
However, upon review of the application by the Zoning
Officer, after consultation with the Borough Engineer, the Zoning
Officer shall make a determination that the proposed tank, quantity
and size and installation methods are consistent with rules and regulations
of the Borough regulating this matter, the rules and regulations of
the Commonwealth of Pennsylvania, the County of Allegheny or any other
governmental agencies regulating these matters. If the Zoning Officer
approves the application for installation, upon payment of the required
fee, the Zoning Officer shall issue the holding tank permit. If the
Zoning Officer disapproves the tank, he shall set forth, in writing,
the causes and basis for his disapproval.
Any applicant or affected person may, within
10 days of a decision of the Zoning Officer, appeal such decision
to the Borough Council for a review. The requested review shall be
conducted during a regularly scheduled meeting. The Borough Council
may affirm, or reverse or modify, the findings of the Zoning Officer.
Any person adversely affected by a decision of the Borough Council
may appeal to a court of competent jurisdiction within 30 days of
the date of the decision; provided, however, that no such appeal from
the decision of the Zoning Officer or from Council of the Borough
of Franklin Park shall act as a stay to any decisions rendered by
the Zoning Officer or the Borough Council.
In applying the provisions of this article,
they shall be interpreted to be the minimum requirements for the promotion
of the public health, safety and general welfare. It is not intended
to interfere with, abrogate or annul any other ordinance, rules, regulations
or permits previously adopted or issued, except as amended hereby,
or with any other rules or regulations of any other administrative
agency having jurisdiction of this matter. Where this article imposes
greater restrictions upon the use of holding tanks, then this article
shall control.
A.
Any person, firm or corporation who shall violate
any provision of this article or fails to comply therewith or with
any of the requirements thereof, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough, shall
pay a judgment of not less than $100 nor more than $600 plus costs,
including reasonable attorney's fees incurred by the Borough. A separate
offense shall arise for each day or portion thereof in which a violation
of this article is found to exist and for each section of this article
found to have been violated. The Borough may also commence appropriate
actions in equity or other to prevent, restrain, correct, enjoin or
abate violations of this article. All penalties collected for violations
of this article shall be paid to the Borough Treasurer.[1]
B.
In addition to any other remedies provided in this
article, any violation of this article shall constitute a nuisance
and may be abated by either seeking appropriate equitable legal relief
from a court of competent jurisdiction or, when the Zoning Officer,
as authorized by this article, is required to take affirmative steps
to correct the condition by hiring contractors for the collection,
transportation and disposal of the content of said holding tank or
the removal of said holding tank, the costs incurred shall be imposed
on the owner of the property and the Solicitor of the Borough is hereby
authorized to lien said property for recovery of costs and/or file
action to recover said costs from the bonding company of said owner
or lessee. In addition, the Solicitor is hereby authorized to file
a civil suit in a court of competent jurisdiction to recover the costs
by civil suit.
