[Adopted 9-11-1975 by Ord. No. 26 (Ch. 18, Part 1, of the
1997 Code of Ordinances)]
This article may be known and may be cited as the "the Township
of Connoquenessing Sewage Systems Ordinance."
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them in this section:
An individual or community sewage system employing a treatment
tank and alternate subsurface absorption area.
Any system, whether publicly or privately owned, for the
collection of sewage or industrial wastes of a liquid nature from
two or more lots, and the treatment and/or disposal of the sewage
or industrial waste on one or more of the lots or at any other site.
A system of piping, tanks or other facilities serving single
lot and collecting and disposing of sewage in whole or in part into
the soil or into any waters of the commonwealth, or by means of conveyance
to another site for final disposal.
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district, authority or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a penalty or imposing
a fine or imprisonment, the term "person" shall include all members
of an association, partnership or firm and the officers of any local
agency or municipal, public or private corporation for profit or not
for profit.
Any and all persons with an interest in real estate, including
legal and equitable interests.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substances being harmful or inimical
to the public health, or to animal or aquatic life, or to the use
of water for domestic water supply or for recreation, or which constitutes
pollution under the Act of June 22, 1937, known as the "Clean Streams
Law," as amended.[1]
The duly appointed official of the Township of Connoquenessing
who reviews permit applications, conducts such investigations and
inspections as are necessary, and issues permits.
The Township of Connoquenessing, Butler County, Pennsylvania.
Any system, whether publically or privately owned, for the
collection of sewage or industrial wastes of a liquid nature and providing
for the treatment and recycle of the liquid portion of the treated
sewage for nonpotable reuse on the site.
[Added 9-6-2017 by Ord. No. 92-17]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
A.Â
It shall be unlawful for any property owner, or any other person,
to install or repair, replace or enlarge individual sewage systems
or community sewage systems within the Township without first obtaining
a valid permit issued by the Township Sewage Officer.
B.Â
It shall be unlawful for any property owner or any other person to
install or repair, replace or enlarge an individual sewage system
or community sewage system within the Township contrary to any conditions
or requirements imposed by the Township Sewage Officer at the time
of issuance of a permit.
C.Â
It shall be unlawful for any property owner, or any other person,
to begin construction or installation of a building for which an individual
or community sewage system is to be used without first obtaining a
permit.
[Amended 4-8-1997; 9-9-1997 by Ord. No. 59]
A.Â
Application for a permit to install an individual or community sewage
system shall be in writing on forms provided by the Township, signed
by the property owner and shall include the following:
(2)Â
Legal description of the property on which the proposed installation
or alteration is to take place.
(3)Â
Plot plan of land showing location of any proposed or existing buildings.
(4)Â
Plan of proposed sewage system.
(5)Â
Soil profile description and percolation test report.
(6)Â
Location of water supply facilities, existing or proposed.
(7)Â
The fee for processing the application and supervision of the installation,
which shall be set by resolution of the Board of Supervisors.
B.Â
Applications for permits shall be submitted to the Sewage Enforcement
Officer, who shall issue or deny a permit within seven days from receipt
of the complete application.
C.Â
The Sewage Enforcement Officer shall grant or deny the permit depending
upon whether or not the proposed installation or alteration conforms
to the standards of the Pennsylvania Sewage Facilities Act, the Pennsylvania
Clean Streams Law,[2] rules and regulation of the Department of Environmental
Protection of the Commonwealth of Pennsylvania, and rules and regulations
issued pursuant to this article.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq. and 5
P.S. § 691.1 et seq., respectively.
D.Â
An exception to the permit requirement contained in this section
shall be made for the installation of an individual on-lot sewage
system for a residential structure occupied or intended to be occupied
by the property owner or a member of his immediate family on a contiguous
tract of land of 10 acres or more if the property owner was the owner
of record as of January 10, 1987; provided, however, that the exempt
party requests the exemption and provides information required in
this section to the Sewage Enforcement Officer, who shall verify that
the following conditions have been met prior to the installation of
said system:
(1)Â
That all parts of the sewage system shall be set back a minimum of
200 feet from any property line, nonutility right-of-way, one-hundred-year
floodplain or any river, stream, creek, impoundment, well, watercourse,
storm sewer, lake, dammed water, pond, spring, ditch, wetland, water
supply or any other body of surface water and 10 feet from any utility
right-of-way, whether or not the adjoining property is owned by the
person requesting the exemption.
[Amended 7-2-2014 by Ord.
No. 89]
(2)Â
Additional setback from property line is observed where in the opinion
of the Sewage Enforcement Officer visible conditions such as slope,
paved areas or other conditions known to the Sewage Enforcement Officer
would require additional setback from property lines or compliance
with permit requirements contained in this article but for this exemption.
[Amended 7-2-2014 by Ord.
No. 89]
Any property owner aggrieved by the denial of a permit under
this article shall have the right, within 30 days after receipt of
notice of the denial, to request a hearing before the Board of Supervisors.
Revocation of a permit shall occur only after notice and opportunity
of hearing has been given to the permittee. The Board of Supervisors
shall hold a hearing within 15 days after receipt of such request.
The hearing procedure shall be governed by the Local Agency Law, 2
Pa.C.S.A. § 551 et seq. and 2 Pa.C.S.A. § 751
et seq., as hereinafter amended.
The enforcement of this article shall be the responsibility
of the Sewage Enforcement Officer, who shall be appointed by resolution
of the Board of Supervisors.
[Amended 9-9-1997 by Ord. No. 59]
A.Â
Any person failing to comply with the provisions of this article
shall be subject to the summary offense penalties of 35 P.S. § 750.13
and, in addition thereto, may be subject to the civil penalties of
35 P.S. § 750.13a. Each day of noncompliance shall constitute
a separate offense.[1]
B.Â
A violation of the provisions of this article shall constitute a
nuisance and shall be abatable in the manner provided by law.
C.Â
Nothing in this article shall be construed as stopping the Township
from proceeding in courts of law or equity to abate nuisances forbidden
under this article or abate nuisances under existing law. Nothing
in this article shall in any way abridge or alter rights of actions
or remedies now or hereafter existing in equity or under the common
law or statutory law, criminal or civil.
D.Â
All actions hereunder shall be prosecuted in the name of the Township
of Connoquenessing.
