As used in this article, the following terms
shall have the meanings indicated:
ACT
The Pennsylvania Sewage Facilities Act (35 P.S. § 750.1,
et seq.)
HOLDING TANK or RETAINING TANK
A water-type receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water-carrying system
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. The terms "holding tank" and "retaining
tank" shall, for the purpose of this article, be interchangeable.
The terms "holding tank" and "retaining tank," shall not, for purposes
of this article, include a privy, chemical toilet, incinerating toilet,
composting toilet or recycling toilet.
HOLDING TANK SECURITY AGREEMENT
An agreement between the permit holder and the Township whereby
the permit holder guarantees the performance of all obligations of
a permit holder under this article.
PERMIT
A valid sewage disposal system permit issued by the Bucks
County Department of Health, after further review and approval by
the Lower Makefield Township Board of Supervisors.
[Amended 10-20-2010 by Ord. No. 387]
PERMIT HOLDER
A person who possesses a valid holding tank permit as issued
by the Bucks County Department of Health, and after further review
and approval by the Lower Makefield Township Board of Supervisors.
[Amended 10-20-2010 by Ord. No. 387]
[Amended 10-20-2010 by Ord. No. 387]
A holding tank may not be installed and/or used unless the property
owner(s) possess(es) the valid sewage disposal system permit issued
by the Bucks County Department of Health. The installation and/or
use of any holding tank on any property within the Township is hereby
prohibited except by the holder of a valid and current permit, a valid
and current sewage disposal system permit issued by the Bucks County
Department of Health and such use issued in conformity with the provisions
of this article, the Bucks County Department of Health rules and regulations
governing individual and community on-lot sewage disposal systems,
applicable provisions of the Act and such other applicable statutes,
regulations and plans, including, but not limited to, the Act 537
Plan of the Township of Lower Makefield. The use of temporary holding
tanks in the Township may be permitted, subject to the following conditions,
as follows:
A. The permit
holder shall connect to a public sewer once access becomes available
and cease using the temporary holding tank within a period of 30 days
after the permit holder has been approved to connect to a public sewer.
B. The permit
holder, upon cessation of use of the holding tank, is responsible
for having the tank pumped out by a Bucks County Department of Health
licensed sewage hauler and removal of the tank or, in the alternative,
to insure that the tank is to be drained and backfilled with crushed
stones or screening.
C. A temporary holding tank under this article must comply with the applicable provisions of the Pennsylvania Code, including, but not limited to, Title 25, Environmental Protection; Chapter 72 and Chapter
73; § 73.62, Standards for holding tanks, (a), (b), (c) and (d); and Chapter
73, § 73.31, Standards for Septic Tanks, (b)(1).
D. The Township
may, in its discretion, require the permit holder to post a performance
bond with the Township in an amount to be determined by the Township.
E. The permit holder must execute a holding tank security
agreement on a form approved by the Township whereby the permit holder
assumes responsibility for the installation and maintenance of the
proposed sewage generated thereby and ultimate removal/drainage/backfill
of a temporary holding tank upon expiration of the applicable time
period set forth in this article, with an indemnification agreement
saving and holding the Township harmless from any and all liability
and expenses, including legal fees, arising from the use of said facility
or related to the sewage therefrom at any and all times and of every
nature.
The owner of an improved property in the Township
that utilizes a temporary holding tank and every permit holder shall
comply with the following:
A. Maintain the holding tank in conformance with this
article and the holding tank security agreement, and abide by the
provisions of any applicable law, and the applicable regulations of
any administrative agency of the Commonwealth of Pennsylvania and
any applicable plan, including, but not limited to, the Act 537 Plan
of the Township of Lower Makefield.
B. Permit the Township or its designated agent to inspect
holding tanks at any reasonable time to insure that the facility is
properly maintained and functioning.
C. Retain pumping receipts and maintenance records from
the holding tank to be produced for the Township upon the Township's
request.
D. Permit only the property owner or a person lawfully
occupying the premises designated in the permit to use the holding
tank facility or deposit sewage therein.
E. Holding tanks must be pumped out solely by a Bucks
County Department of Health licensed sewage hauler and removed or
backfilled with crushed stone or screening.
No holding tank shall be used or installed on
any property in the Township unless or until a permit therefor has
been issued in accordance with the provisions of this article.
A. A permit may be issued only when the proposed site and proposed holding tank conform to the use restrictions in §
166-35.
B. A person requesting a permit for a holding tank shall
submit a written application, on a form provided by the Township,
together with such fee as is established by resolution of the Board
of Supervisors.
C. If the Township determines that an initial application
is incomplete or is unable to verify the information contained therein,
the Township shall notify the applicant in writing within seven days
of receipt of the application. The notice shall include the reasons
why the application is not acceptable. When the required information
is received, the Township shall act upon the application within 15
days of such receipt.
D. The application for a permit shall include and be
accompanied by the following:
(1) A detailed statement of reasons the temporary holding
tank is requested;
(2) A plan at a proposed site detailing the location of
the placement of the temporary holding tank;
(3) A notarized statement from an entity or an agency
licensed or approved by the Department of Environmental Protection
for sewage disposal confirming without reservation that said entity
or agency shall accept sewage from the proposed facility during the
entire period of use thereof;
(4) A copy of a valid sewage disposal system permit issued
by the Bucks County Department of Health; and
(5) A security agreement on a form approved by the Township,
whereby the applicant assumes responsibility for the installation
and maintenance of the proposed facility and the pumping, hauling
and ultimate disposal of the sewage generated thereby and ultimate
removal of a temporary holding tank upon expiration of the permit
with an indemnification agreement saving and holding the Township
harmless from any and all liability and expenses, including legal
fees, arising from the use of the said facility or related to the
sewage therefrom at any and all time and of every nature.
E. A permit shall be required for alterations or connections
to an existing holding tank when the alteration or connection requires
the repair, replacement or enlargement of a holding tank, or the repair,
replacement, disturbance, modification or enlargement of a soil absorption
area or spray field, or the soil within or under the soil absorption
area or spray field, as described in Title 25 of the Pennsylvania
Administrative Code or any other applicable statute or regulation.
F. In addition, the applicant shall comply with all provisions of §§
166-35 and
166-36 and all applicable laws, and the regulations of any administrative agency of the Commonwealth of Pennsylvania.
In the event an application is denied, written
notice of denial setting forth the reasons for said action shall be
mailed to the applicant not later than seven days following the date
of said denial. The Township shall provide the required notice to
such other state and local entities and departments as are required
by applicable law and regulation.
A permit issued pursuant to this article shall
not be transferred. A transfer or attempted transfer of any permit,
or any interest therein, shall constitute a default under the holding
tank security agreement and a violation subject to the hereinafter
stated penalties.
As set forth under Title 25, § 71.63,
of the Pennsylvania Code, there shall be an annual inspection of the
temporary holding tank and said inspection shall generate a written
inspection report. The Township is to receive, review and retain all
pumping receipts from permitted holding tanks.
In addition to any other remedies provided in this article, any violation of §
166-38 shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
The use of the retaining tanks is temporary
and the validity of the permit, as provided in this agreement, shall
not exceed the period of 30 days after the applicant has been approved
to connect to a public sewer. The applicant or the permit holder is
responsible for removing said holding tank from the ground upon expiration
of the permit. Extensions of permits will be granted by the discretion
of the Township for good cause only.
This article constitutes the exclusive basis
whereby temporary holding tanks may be utilized within Lower Makefield
Township. All other ordinances, resolutions or parts of ordinances
or resolutions, insofar as they are inconsistent herewith, or purport
to authorize the use of holding tanks except as herein provided, are
hereby repealed.
If any sentence, clause, section or part of
this article is for any reason found by a court of competent jurisdiction
to be unconstitutional, illegal or invalid, such unconstitutionality,
illegality or invalidity shall not affect or impair any of the remaining
provisions, sentences, clauses, sections or parts of this article.
It is hereby declared as the intent of the Board of Supervisors of
Lower Makefield Township that this article would have been adopted
had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof had not been included therein.