[HISTORY: Adopted by the Board of Supervisors
of the Township of East Brandywine 8-18-1998 by Ord. No. 98-03.
Amendments noted where applicable.]
A.
This chapter shall be known and may be cited as "an
ordinance establishing the Township's responsibilities and procedures
for accepting and processing sewage facilities planning modules as
required by the Pennsylvania Sewage Facilities Act (Act of January
24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq.,
known as "Act 537")."
B.
These procedures and policies have been developed
in accordance with the requirements of the Commonwealth of Pennsylvania
Sewage Facilities Act, the Pennsylvania Code, Title 25, § 71.53
(the "code"), and East Brandywine Township (the "Township").
C.
The purpose of this chapter is to provide for the
orderly and timely receipt and processing of any and all sewage facilities
planning modules for new land developments and/or existing dwellings
that may come before East Brandywine Township.
As used in this chapter, the following terms
shall have the meanings indicated:
The official list (DEP Form 3640FM-WQ0353 Rev. 10/95) to
be contained in the sewage facilities planning module submission.
The checklist, when signed and dated, becomes the official confirmation
that the requirements of § 71.53(d) have been met and that
the municipality has completed its review within the allotted review
period.
The Township (or any combination of municipalities acting
cooperatively or jointly under the laws of the commonwealth), county,
County Department of Health or Joint County Department of Health.
East Brandywine Township.
A comprehensive plan for the provision of adequate sewage
systems, adopted by a municipality or municipalities possessing authority
or jurisdiction over the provision of the systems and submitted to
and approved by the Department as provided by the Act and this chapter.
A change in the municipality's official plan to provide for
additional, newly identified future or existing sewage facilities
needs, which may include one or more of the following:
UPDATE REVISIONA comprehensive revision to an existing official plan required when the Department or municipality determines the official plan or one or more of its parts is inadequate for the existing or future sewage facilities needs of a municipality or its residents or landowners.
REVISION FOR NEW LAND DEVELOPMENTA revision to a municipality's official plan resulting from a proposed subdivision as defined in the Act.
SPECIAL STUDYA study, survey, investigation, inquiry, research report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.
SUPPLEMENTA sewage facilities planning module for a subdivision for new land development which will not be served by sewage facilities requiring a new or modified permit from the Department under the Clean Streams Law[1] and which is reviewed and approved by a delegated agency.
EXCEPTION TO THE REQUIREMENT TO REVISEA process established in § 71.55[2] (relating to exceptions to the requirement to revise the
official plan for new land development) which describes the criteria
under which a revision for new land development is not required.
An official of the local agency who reviews permit applications
and sewage facilities planning modules, issues permits as authorized
by the Act and conducts investigations and inspections that are necessary
to implement the Act and the regulations thereunder. The Chester County
Health Department serves as the SEO for East Brandywine Township.
A.
A developer or his agent may complete a sewage facilities
planning module and submit it to the municipality for action. The
developer or his agent shall submit a total of eight copies of the
module package to the municipality for review by the local planning
agency, Township Engineer, Chester County Planning Commission, Department
of Environmental Protection. In addition to an administrative fee
as may be established by the Township, all other applicable review
fees will be paid or reimbursed by the developer.
B.
The Township shall process the planning module submission
as now or hereafter provided in 25 Pa. Code § 71.51 et seq.
