[Amended 1-5-1998 by Ord. No. 431]
No person, firm or corporation shall construct,
alter or repair any individual or community sewage system within the
Township of Derry unless a permit to do so has been issued by the
person or officer charged with the issuance thereof. Permits shall
only be issued when the proposed construction, alteration or repair
is determined to comply with the relevant regulations of the Pennsylvania
Department of Environmental Protection and/or Derry Township, whichever
is more restrictive, and upon the receipt by Derry Township of the
prescribed permit fee. The terms “individual sewage system”
and “community sewage system” shall be construed as the
terms are defined in the Pennsylvania Sewage Facilities Act No. 537
of 1966, as has been or may be amended.[1]
[1]
Editor's Note: See 35 P.S. §750.1 et
seq.
[Amended 1-5-1998 by Ord. No. 431; 3-14-2006 by Ord. No.
553]
The fee for a permit to repair or alter an individual
or community sewage disposal system shall be in an amount as established
from time to time by resolution of the Board of Supervisors, and the
fee for a permit to construct a new individual or community sewage
disposal system shall be in an amount as established from time to
time by resolution of the Board of Supervisors. Fees shall be paid
at the time of permit issuance.
[Amended 1-5-1998 by Ord. No. 431]
The applicant for an individual or community
sewage system permit shall reimburse the Township of Derry for costs
which the Township incurs in having a consultant or sewage enforcement
officer employed by companies or corporation under contract with Derry
Township perform or evaluate potential individual or community disposal
system sites, issue permits or perform inspections of the installation
of an individual or community sewage system. Such reimbursement, which
shall not exceed the actual costs incurred by Derry Township, shall
be made within 30 days of an applicant being invoiced for such services
by the Township. In the event the applicant disputes the amount of
any such reimbursement charge, the applicant shall, within 10 working
days of the date of the invoice to the applicant, notify the Township
that the reimbursement fee is disputed as unreasonable or unnecessary,
in which case, an application shall not be delayed or disapproved
due to the applicant's dispute over such reimbursement charges. The
dispute shall be resolved in accordance with the provisions of the
Pennsylvania Sewage Facilities Act No. 537 of 1966, as has been or
may be amended.[1]
[1]
Editor's Note: See 35 P.S. §750.1 et
seq.
Appeal from refusal to grant permits and inspection
of installations of individual or community sewage disposal systems
shall be as provided by the Sewage Facilities Act[1] and the rules and regulations as promulgated thereunder,
a copy of which shall always be kept at the office of the Township
Supervisors of the Township of Derry, where the same may be inspected
during office hours.
[1]
Editor's Note: See 35 P.S. §750.1 et
seq.
[Amended 1-5-1998 by Ord. No. 431[1]]
Any person, firm or corporation who shall violate
any provision of this article, or of the Pennsylvania Sewage Facilities
Act[2] or of the rules and regulations of the Department of Environmental
Protection promulgated thereunder and referred to herein, or any provision
of any regulation adopted by the Township of Derry, upon conviction
thereof in an action brought before a district justice 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 not to exceed 90 days. Each day
that a violation of this article continues or each section of this
article which shall be found to have been violated shall constitute
a separate offense.
Notwithstanding any provision of any ordinance
heretofore enacted and notwithstanding any provision of the rules
and regulations of the Department of Environmental Protection of the
Commonwealth of Pennsylvania promulgated in connection with the Sewage
Facilities Act,[1] and incorporated herein by reference thereto, the provisions
of this article shall after the effective date thereof be fully applicable
for all sewage facilities proposed to be installed within the Township
regardless of the size of the lot upon which such installation is
to be made. It is the intent and purpose of this section to prohibit
the installation of any sewage facilities at any place in the Township
except in compliance with the provisions of this article.
[1]
Editor's Note: See 35 P.S. §750.1 et
seq.
