A.
Where an approved public water system is within 1,000
feet of the subdivision or land development, all necessary mains and
laterals for connection from the lots to the system, as shown on the
preliminary and final plans, shall be installed by the developer.
B.
The developer shall construct water mains in such
a manner as to make adequate water service available to each principal
building or dwelling unit within the subdivision or land development.
The entire system shall be designed in accordance with the requirements
and standards of the applicable water authority and shall be subject
to its approval. The water supply must comply with the regulations
and standards of the Pennsylvania Department of Environmental Protection,
the Delaware River Basin Commission and any other governing agency
having jurisdiction.
C.
The system shall be designed with adequate capacity
and fire hydrants for fire-fighting purposes. Review and approval
by the Township Fire Marshal or the appropriate fire prevention official
shall be required in order to ensure that adequate fire protection
is provided. The standards contained in the Appendix of this chapter
shall be met.
D.
Applicants shall present evidence to the Board of
Supervisors that the subdivision or land development is to be supplied
by a certificated public utility a bona fide cooperative association
of lot owners, or by an authority or utility. A copy of the certificate
of public convenience from the Pennsylvania Public Utility Commission
or an application for such certificate, a cooperative agreement or
a commitment or agreement to serve the area in question, whichever
is appropriate, shall be acceptable evidence.
A.
Where no public water is accessible, water shall be
furnished by the owner on an individual lot basis. If wells are installed
on each lot and the lot also contains its own sewage disposal facilities,
the well shall be of the drilled type, cased and grout-sealed into
the bedrock.
B.
The well will be required to have a production of
not less than six gallons per minute as established by Bailer tests
and certified by the well driller. Before being placed in consumer
use, it shall be disinfected by the use of sodium hypochlorite or
other acceptable solutions and a sample bacteriological examination
collected by a licensed water analyst. In all cases where the water
supply is from a well, the owner shall obtain from the Bucks County
Health Officer a certificate that he has complied with the applicable
state and county health regulations and shall submit such certificate
to the Board of Supervisors. This certificate will be a prerequisite
to the issuance of a permit of occupancy for the use of any and all
buildings erected in the subdivision approved under this chapter.
A.
All applicants for major subdivisions and land developments
shall guarantee that their subdivision or land development shall not
reduce or otherwise adversely affect the water supply available in
wells within a one-half-mile radius of the perimeter of the proposed
subdivision or land development.
B.
Financial security.
(1)
The applicant, his successors or assigns shall
furnish to the Township financial security in a form and amount satisfactory
to the Township to provide a source of water for any resident or property
owner whose well is adversely affected by the subdivision or land
development. The financial security shall be maintained for a period
of five years after the last lot or unit is occupied.
(2)
The applicant shall agree as part of the development
agreement that if, as a direct result of the subdivision or land development,
the water supply of any household or building in existence on the
date of the recording of the subject subdivision or land development
plan within one-half mile of the development is adversely affected
by a draw down and decrease in water supply, a problem of quality
of water, a problem of the odor of the water and/or other related
problem, resulting in a substantial impairment of the reasonable supply
and quality of water from said wells for domestic or agricultural
use, then the applicant, his successor or assigns agrees that he will
either alleviate the problem by increasing the depth of the affected
wells or take any other reasonable steps necessary to alleviate the
problem all at no expense to the property owners, so as to furnish
reasonable quantity and quality of water for domestic or agricultural
use.
(3)
The form and amount of the financial security
shall be determined as part of the plan review process and shall be
a condition of plan approval. The mechanism and procedure for making
a claim and providing a remedy shall be incorporated into the development
agreement.
A.
Evaluation of sewage facilities. The applicant shall
submit the information required by this section for review to ensure
that the proposed method of sewage collection, treatment and disposal
is feasible and is consistent with the Lower Makefield Township Sewage
Facilities Plan prepared under the terms of Act 537 of the Commonwealth
of Pennsylvania. The preliminary plan must indicate that each proposed
lot, dwelling or building will be serviced by an appropriate sewage
system, thereby avoiding the necessity of major revisions of the plan
at the final plan stage. For individual on-lot systems, a lot-by-lot
evaluation is required.
B.
Private sewage disposal system, on lot.
(1)
If a sanitary sewer system is within 1,500 feet
of the proposed subdivision land development, the Board of Supervisors
shall require the developer to provide sewage facilities to connect
to this system where practical and shall prescribe the procedures
to be followed by the developer in connecting to the system.
(2)
If public sewer facilities are not available,
the developer shall provide for sewage disposal on an individual lot
basis according to the rules, regulations, terms, definitions and
conditions of the individual sewage disposal system application and
certification procedure for Bucks County, Pennsylvania, in accordance
with the regulations of the Bucks County Department of Health.
(3)
The dimensional location of the on-lot sewage
system and the well must be shown on the plan prior to the issuance
of a building permit.
C.
Development applications not requiring revisions to
the Official Sewage Facilities Plan. All plan submissions will require
revisions to the Official Sewage Facilities Plan of the Township unless
the Pennsylvania Department of Environmental Protection (DEP) determines
that a revision is not needed, based upon the criteria established
in 25 PA. Code Chapter 71 for planning module exceptions. Approval
of the proposed sewage facilities plan module exemption by the Pennsylvania
Department of Environmental Protection shall be a condition of final
subdivision or land development plan approval by the Township.
D.
Applications for revisions to the Act 537 Plan.
(1)
In order to be deemed a complete application,
any application for preliminary subdivision or land development approval
which requires a revision or exemption to the official Township Sewage
Facilities Plan (Act 537 Plan) must be accompanied by a duly completed
Department of Environmental Protection sewage facilities planning
module. Such planning module shall also meet all the requirements
contained in 25 PA. Code Chapter 71, Subchapter D, Official Plan Requirements
for Alternative Evaluations.
(2)
Such application and planning module shall meet
all the procedural and content requirements of 25 PA. Code Chapter
71, § 71.52 and § 71.53, including the requirement
that they be accompanied by the comments on the planning module of
the Bucks County Health Department and the Bucks County Planning Commission.
Evidence that the sewage facilities planning module has been before
these agencies for 60 days without comment shall be sufficient to
satisfy this requirement.
(3)
The Township shall review and act upon the requested
revisions in accordance with the requirements and criteria set forth
in 25 PA. Code Chapter 71, § 71.53, and may refuse to adopt
a proposed revision of its Official Sewage Facilities Plan for new
land development for reasons including but not limited to the following:
(a)
The plan is not technically or administratively
able to be implemented.
(b)
Present and future sewage disposal needs of
the area, remaining acreage or delineated lots are not adequately
addressed.
(c)
The plan is not consistent with the Township
land use plans and ordinances, this chapter or other ordinances or
plans controlling land use or development.
(d)
The plan is not consistent with the comprehensive
sewage program of the Township as contained in its Official Sewage
Facilities Plan.
(e)
The plan does not meet the consistency requirements
set forth in 25 PA. Code Chapter 71, § 71.21(a)(5)(i) through
(iii).
(4)
When the Township refuses to adopt a proposed
revision to the Official Sewage Facilities Plan, it shall state the
reasons for the refusal and forward a copy of this statement to the
person making the submission and to the Department of Environmental
Protection.
(5)
When the Township adopts the proposed revisions
to the Official Sewage Facilities Plan, the Township shall forward
the proposed revisions to the Department with the information required
by 25 PA. Code Chapter 71, § 71.52. Adoption of the proposed
revisions of the official plan shall be by resolution.
(6)
Approval of the proposed Sewage Facilities Plan
revision by the Pennsylvania Department of Environmental Protection
shall be a condition of final subdivision or land development plan
approval by the Township.
E.
Requirements for final plan approval. No final plan
shall be approved for any subdivision or land development until satisfactory
evidence has been presented by the applicant to the Township that
the Bucks County Department of Health and/or the Pennsylvania Department
of Environmental Protection have determined that the lots proposed
for subdivision are generally suitable for on-lot septic systems.
F.
Building permits. No building permits will be issued
without satisfactory sanitary sewage disposal, including capped public
sanitary sewers if so required.
Where a proposed subdivision or land development
adjoins other properties which are not served by public water or public
sewer, utility installations necessary to provide service to such
properties shall be constructed to the boundary lines of the subdivision
and/or land development within an easement.
