[Adopted 10-22-2003 by Ord. No. 92]
When an official plan or revision to an official
plan for existing single-family residences, or new land development
involving single-family residences, proposes the construction of a
DEP-permitted small-flow sewage treatment facility plant, the owner
and/or applicant who seeks to construct the single-residence small-flow
treatment facility shall provide the Township with the following:
A.
Evidence of DEP approval of the small-flow sewage
treatment facility;
B.
Execution of an agreement between the property owner
and the Township whereby the property owner agrees to assume all maintenance,
performance and testing requirements required by the Pennsylvania
Department of Environmental Protection.
The owner shall make any repair or replacement
of any part or of all of the system required by the inspection reports.
Upon failure to do so, within a reasonable time, the Township may
have said repairs or replacements made at the sole cost and expense
of the property owner. The Township shall have the right to bring
an action against the property owner in assumpsit for reimbursement
or lien the property for any costs or expenses which are in excess
of the escrow fund balance referred to herein.
The agreement shall be recorded in the office
of the Recorder of Deeds, and the obligations thereunder shall run
with the land. In addition to setting forth operation and maintenance
procedures, the agreement shall require the property owner to:
A.
Remove sludge from the sewage treatment plant at least
once every two years;
B.
Install water conservation devices so as to minimize
the volume of wastewater discharged to the sewage treatment plant;
C.
Prevent the entrance of all extraneous surface and
ground water from entering the waste disposal system;
D.
Pay to the Township an application processing fee
as set from time to time by resolution of the Board of Supervisors
and all legal and engineering fees incurred by the Township to prepare
and record the agreement;
E.
Deposit the sum as set from time to time by resolution
of the Board of Supervisors, or 50% of the cost of the equipment and
installation (whichever is less) with the Township for the first two
years of the operation of the small-flow treatment facility. Such
monies shall be placed in escrow under the Township's name to be used
by the Township to effectuate any necessary repair, inspection, replacement
or maintenance of the subject system at the sole discretion of the
Township;
F.
Provide the Township with a true and correct copy
of a service agreement between the owner and a company certified to
provide the required testing and reporting data promulgated by the
Pennsylvania Department of Environmental Protection. The agreement
shall provide for a semiannual inspection by a licensed inspector.
The inspection shall include the testing of effluent discharged as
required by the PA DEP and the preparation and filing of reports with
all required agencies including the Township; and
G.
Provide the Township with a copy of an agreement between
the owner and a licensed hauler for the removal of sludge or solids
from the system. The owner shall be responsible for the removal of
sludge or solids from the system on a regular basis of at least once
every two years or on a more frequent basis as may be determined by
the PA DEP. The sludge shall be removed and disposed of in accordance
with the requirements of the Pennsylvania Solid Waste Management Act
(35 P.S. § 6018.101 et seq.).
