[Adopted 5-14-1979 by Ord. No. 5-14-79; amended in its entirety 8-10-1993 by Ord. No. 8-10-93 (Ch. 79, Art. IV,
of the 1988 Code)]
A.Â
Soil tests to determine the presence of any limiting
zone and the capacity of the soil to permit the passage of water must
be conducted by the Township in accordance with the provisions hereof
prior to issuance of a sewage permit. A test pit for examination of
the soil profile on each lot, regardless of whether or not such lot
is part of a subdivision, must be provided to a depth of seven feet
or to the top of the limiting zone, whichever is less, to determine
conformance with § 73.11(c) and (d) of the Standards for
Onlot Sewage Treatment Facilities issued by the Department of Environmental
Protection[1] pursuant to the Pennsylvania Sewage Facilities Act of
1966, as amended, 35 P.S. § 750.1 et seq.[2]
B.Â
Percolation tests conducted subsequent to the determination
of any limiting zone must be performed by the Township in accordance
with the provisions hereof on all lots, including those on which elevated
sand mounds may be utilized, prior to issuance of a sewage permit.
C.Â
Any applicant for a sewage permit shall pay to the
Township, prior to the commencement of any test or work provided for
herein, a fee per lot to be fixed by the Supervisors of the Township
pursuant to a resolution adopted at a regularly scheduled meeting
of the Township. Any request for a sewage permit shall be in writing
by the applicant, and the fees shall be paid prior to the commencement
of any soil test. The fees provided herein shall not be refundable
or refunded by reason of the failure of any lot to meet the requirements
of this article or the requirements of the Standards. There shall
be no rebate of testing fees.
[Amended 2-14-1984 by Ord. No. 2-14-84]
D.Â
Any test, inspection, verification or work to be conducted
or performed by the Township shall be done by or under the supervision
of the Township Sewage Enforcement Officer, or his duly authorized
designated alternate.
E.Â
For the purposes of determining compliance with the
requirements of this article and the requirements of the Standards,
the results of tests or inspections or verifications performed or
conducted hereunder shall be deemed to be valid for two years from
the date when performed or conducted.
A.Â
The Township hereby adopts the absorption area requirements
of the Standards.
B.Â
Except insofar as the Standards provide less stringent
requirements than those set forth in this article and except as the
Standards provide no requirements on a matter covered by the provisions
of this article, the Township hereby adopts and incorporates into
this article, by reference, the Standards as issued and thereafter
amended and as hereafter issued or amended.
It shall be unlawful for any person, firm, corporation,
partnership or any other individual to cover or cause to be covered
any test site, boring or excavation done pursuant to a probe and percolation
test or to the obtaining of a sewage permit as provided for by the
Pennsylvania Sewage Facilities Act, as amended,[1] unless approval therefor has been given or inspection
conducted by the appropriate individual or the Sewage Enforcement
Officer of the Township.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
In the event that the designated individual
of the Township or the Sewage Enforcement Officer is unable to inspect
the test site or excavation where the probe and percolation test was
performed and where the excavation shall remain open for a period
in excess of 24 hours, the owner or owners of the land on which said
site shall be located shall cover or cause to be covered any and all
excavations and test sites or borings with materials which may be
removed by the Sewage Enforcement Officer upon inspection. The minimum
standard for covering material shall be one-half-inch plywood of four-by-eight-foot
standard dimensions which shall be secured in a manner so as to prohibit
and prevent children or other unauthorized individuals from gaining
access to the test site, boring or excavation.
It shall be unlawful for any person, individual,
firm or corporation to allow any such test site or excavation to remain
uncovered for a period in excess of 24 hours.
Any person who violates any provisions of this
article shall commit a criminal offense, and shall, upon being found
guilty by a Magisterial District Judge, after hearing, pay a fine
not to exceed $1,000, together with all court costs as permitted by
law. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day of violation
shall constitute a separate offense, which shall be subjection to
prosecution as such. For purposes of this section, the Board of Supervisors
of East Manchester Township hereby appoints the Township Manager,
Secretary, Zoning Officer, Permit Officer or Codes Enforcement Officer
as authorized representatives, any one of whom may commence and pursue
enforcement proceedings pursuant to this section.
