[Adopted 4-3-1989 by Ord. No. 128 (Ch. 18, Part 3, of the
2002 Code of Ordinances)]
This article shall be known as the "East Lampeter Township On-Lot
Disposal System (OLDS) Management Ordinance."
The Board of Supervisors of East Lampeter Township finds that:
A.
Inadequate management of individual and community on-lot wastewater
disposal systems increases surface water pollution, groundwater contamination,
the potential of public health problems, and general nuisance conditions.
B.
A comprehensive and reasonable program of on-lot disposal system
(OLDS) management regulations is fundamental to the public health,
safety, and welfare and to the protection of present and future residents
and the environment of East Lampeter Township.
The purpose of this article is to promote the public health, safety, and welfare by minimizing the problems described in § 265-40A of this article by:
A.
Review of OLDS plans for conformance with the Township's Official
Sewage Facilities Plan and ordinances.
B.
Enactment and implementation of this article.
C.
Development and implementation of a public assurance (inspection)
program for the construction, operation and maintenance of all wastewater
systems.
D.
Development and implementation of a public education program to supplement
the public assurance program.
E.
Development and implementation of a financial program to provide
public education, staff training, technical assistance, and limited
structural rehabilitation of OLDS.
F.
Giving force and effect to the policies adopted in the Official Sewage
Facilities (Act 537) Plan of East Lampeter Township, adopted May 2,
1988.
The Board of Supervisors of East Lampeter Township, Lancaster
County, Pennsylvania, pursuant to the Clean Streams Law of Pennsylvania
(Act 394 of June 22, 1937, P.L. 1987, as amended),[1] the Pennsylvania Sewage Facilities Act (Act 537, of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq.), and the Second Class Township Code (53 P.S. §§ 65727, 65729 and 66951), hereby enacts and ordains this article as the East Lampeter Township On-Lot Disposal System (OLDS) Management Ordinance. This article shall apply to all on-lot sewage systems as defined in § 265-47 of this article.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
After giving adequate notice and upon presentation of proper
credentials, the sanitary officer of East Lampeter Township may enter
at reasonable times upon any property within the municipality to investigate
or ascertain the condition of the subject property in regard to any
aspect regulated by this article.
Permits issued pursuant to this article do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act or ordinance.
The degree of on-lot disposal system (OLDS) management sought
by the provisions of this article is considered reasonable for regulatory
purposes. The issuance of permits by East Lampeter Township, its officers,
or employees, shall not be deemed to relieve the developer or the
homeowner of responsibility, if any such responsibility exists, to
those adversely affected by the on-lot disposal of sewage. Further,
the Township through the issuance of a permit assumes no responsibility
to either the developer, the homeowner, or the adjoining property
owner affected by the on-lot disposal of sewage.
Words used in the singular include the plural and words used
in plural include the singular. The word "building" shall be construed
as if followed by the words "or a part thereof." The word "may" is
permissive; the words "shall" and "will" are mandatory.
[Amended 6-3-2002 by Ord. No. 232]
The following words and terms, when used in this article, shall
have the following meanings, unless the context clearly indicates
otherwise:
A component of an individual or community sewage system where
liquid from a treatment tank seeps into the soil; it consists of an
aggregate-filled area containing piping for the distribution of liquid
and the soil or sand/soil combination located beneath the aggregate.
A mechanically aerated treatment tank that provides aerobic
biochemical stabilization of sewage prior to its discharge to an absorption
area.
A system employing the use of demonstrated technology in
a manner not specifically recognized by the Pennsylvania Department
of Environmental Protection.
A landowner, as herein defined, or agent of the landowner,
who has filed an application for an on-lot disposal system management
permit.
Any structure, either temporary or permanent, having walls
and a roof, designed or used for the shelter of any person, animal,
or property, and occupying more than 100 square feet of area.
Within a given group of homes and/or establishments, the
use, where feasible, of on-lot disposal systems (OLDS), and for lots
not suitable for OLDS, the incorporation of the sewage from two or
more of the unsuitable lots into a community sewage system in order
to meet the sewage treatment/disposal needs of the 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 for the treatment or disposal of the sewage or
industrial waste on one or more of the lots or at any other site.
A community sewage system which employs any of several types
of aggregate-filled sewage effluent absorption areas installed below
original soil grade level, or, in the case of an elevated sand mound,
installed above original grade with ultimate percolation into the
original soil.
The combination, when economically and environmentally beneficial,
of two or more community systems.
A contract, deed, bond, or other written agreement between
the Township and a property owner or developer involving a financial
security deposited with a third party (usually a bank or bonding company)
for the purpose of guaranteeing that the construction of a wastewater
system is completed and properly done.
Any of several types of aggregate-filled sewage effluent
absorption areas installed below original soil grade level or, in
the case of an elevated sand mound, installed above original grade
with ultimate percolation into the original soil.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
or land development.
A type of aboveground absorption area consisting of a level
layer of sand between the surface of the natural soil and an aggregate
distribution area to insure adequate renovation of sewage effluent.
Any method of sewage disposal not described in the PADEP,
Title 25, Rules and Regulations,[1] which is used for the purpose of testing and observation.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage and is designed and constructed
to facilitate ultimate disposal of the sewage at another unit.
A nonprofit or for-profit corporation controlled by a board
of directors which administers bylaws and rules and regulations governing
all lots and/or common areas in a residential development.
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into any waters of this commonwealth or by means of conveyance
to another site for final disposal.
Any liquid, gaseous, radioactive, solid or other substance
which is not sewage resulting from manufacturing, industry, or other
operations. The term shall include all such substances whether or
not generally characterized as waste.
Any of the several different types of sewage stabilization
ponds or oxidation ponds employed to treat sewage by aerobic and/or
anaerobic decomposition. Lagoons are generally followed by land application
or stream discharge of effluent.
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
A part of a subdivision or a parcel of land used as a building
site or intended to be used for building purposes, whether immediate
or future, which would not be further subdivided.
An entity, either private or public, formed for the purpose
of managing water and/or wastewater facilities. Types of management
agencies include municipal authorities, municipal governing bodies,
private corporations, private engineering or technical service firms,
etc.
A city, incorporated town, Township or borough.
Policy encouraging on-lot disposal systems (OLDS) wherever
feasible and economical outside of the present or future sewered area
of the Township.
A comprehensive plan for the provision of adequate sewage
systems adopted by a municipality or municipalities possessing authority
over the provision of such systems and submitted to and approved by
the Department as provided by the Pennsylvania Sewage Facilities Act
527[2] and Chapter 71, Rules and Regulations, promulgated thereunder.
A method of managing on-lot sewage disposal systems (OLDS)
which has as its general goals the installation of sound OLDS and
the assurance that new and existing OLDS arc properly operated and
maintained.
A system of piping, tanks, and/or other components serving
a residence or establishment, usually on a single lot, by collecting,
treating, and disposing of sewage in whole or in part into the soil
or into any waters of this commonwealth.
Acronym for the Pennsylvania Department of Environmental
Protection which is a cabinet level agency of the Commonwealth of
Pennsylvania with broad authorities granted by legislation to protect
Pennsylvania's many environmental resources. The PADEP is responsible
for overseeing the plans, designs and construction of wastewater treatment
facilities throughout the State, particularly those which are part
of the Federal Construction Grants Program or Sewage Facilities Act
537 planning process.
A financial security accompanied by a written promise to
pay the Township a sum of money to be void in case no default occurs
by the property owner or developer in the performance of an installed
wastewater system. The purpose of such a performance bond is to guarantee
proper operation and maintenance of such a system for a specified
period of time.
The holder of the on-lot disposal system (OLDS) permit issued
by the Township. May be the property owner, homeowners' association
or developer.
A network of piping within a soil absorption area such as
an elevated sand mound through which treated sewage effluent is pumped
to assure equal distribution throughout the absorption area.
Method by which a property owner verifies that his/her on-lot
sewage system has been cleaned to remove residuals. This is most easily
verified by presenting a dated receipt of payment from a septic tank
contractor.
The legal, beneficial, equitable owner or owners of land,
including the holder of an option or contract to purchase (whether
or not such option or contract is subject to any conditions), a lessee
(if he is authorized under the lease to exercise the rights of the
landowner), or any other person having a proprietary interest in land.
A for-profit or nonprofit corporation controlled by a board
of directors which administers bylaws and rules and regulations governing
all lots and/or common areas (open spaces) in a nonresidential development,
such as an industrial park.
That part of an OLDS management program which, through an
on-lot system inspection process, seeks to ensure that individual
and community sewage systems are operated and maintained properly.
A type of sewage treatment and disposal system, used where
soil absorption of effluent is not possible, which utilizes a septic
or aerobic tank followed by a sand filter and disinfection before
discharge of treated effluent to a stream.
An appointed body whose members are responsible for the administration
of health laws within a Township as outlined in the Second Class Township
Code, 53 P.S. § 66951 et seq.
A municipal employee appointed by the Township supervisors
and empowered by the Second Class Township Code, 53 P.S. § 66951
et seq., for the purpose of enforcing the health laws of the Township
and the provisions of this article.
Pennsylvania Statue 53 P.S. § 65101 et seq., outlining
laws relating to townships of the second class. The act as amended
became effective July 1, 1947.
A type of subsurface absorption area which is more adaptable
to limited space than are standard trench systems.
A sewage treatment tank that provides for anaerobic decomposition
of sewage prior to its discharge to an absorption area.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals;
any substance harmful to the public health, to animal or aquatic life,
or to the use of water for domestic water supply or for recreation;
or any substance which constitutes pollution under the Clean Streams
Law, 35 P.S. § 691.1 et seq.
The official of the local agency (a municipality, any combination
of municipalities, a county department of health, or a joint county
department of health) who issues and reviews permit applications and
conducts such investigations and inspections as are necessary to implement
Act 537, Chapter 71 (relating to administration of sewage facilities
program), and Chapter 73, Standards for Sewage Disposal Facilities.
A municipal authority providing sewage facilities.
A method of disposal of treated sewage effluent whereby the
effluent is applied to the surface of the soil usually by spray irrigation
at reduced rates.
A type of absorption area consisting of two or more trenches
which are 12 inches to 36 inches deep, one foot to six feet wide,
a maximum of 100 feet long and adequately spaced apart to allow for
the uniform spreading of effluent over the entire absorption area.
Any of the several types of sewage systems which ultimately
dispose of treated effluent into the waters of the commonwealth. Such
systems require a permit from the PADEP.
The division or redivision of a lot, tract, or other parcel
of land into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or residential
dwellings shall be exempted.
A permanent or intermittent stream, river, brook, creek,
run, channel, swale, pond, lake or other body of water, whether natural
or man-made, for gathering or carrying surface water.
Rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, ponds, springs, and
all other bodies or channels of conveyance of surface and underground
water or any of their parts whether natural or artificial within or
on the boundaries of this Commonwealth of Pennsylvania.
The following programs are hereby enacted to effect improved on-lot disposal system (OLDS) installation, operation, and maintenance. These programs apply to both existing and new OLDS in conjunction with appurtenant ordinances as outlined in § 265-41B of this article.
[Amended 6-3-2002 by Ord. No. 232]
A.
The Township Planning Commission shall review all subdivision/land
development plans containing OLDS system design and layout details
for conformance with the Official Sewage Facilities (Act 537) Plan,
this article management ordinance, and all applicable ordinances.
In addition to this general planning function, all Township officials
(e.g., Supervisors, Planning Commission, Zoning Officer, Building
Inspector, sanitary officer, etc.) shall apply the provisions of the
OLDS program to their respective duties and functions.
B.
On-lot sewage disposal systems shall be encouraged wherever feasible
and economical outside the present and future public sewer service
area as defined by the Official Sewage Facilities Plan of East Lampeter
Township. The following OLDS planning policies foster the nonsewered
approach and the conservation of groundwater resources.
(1)
Maintain OLDS ownership with the individual property owner, homeowners'
association or developer.
(2)
Encourage the use of innovative wastewater facilities which reduce
water consumption and wastewater generation.
(3)
Recycle wastewater by relying upon individual OLDS and community
OLDS for groundwater recharge via subsurface disposal of treated wastewater
effluent.
(4)
Restrict community subsurface systems to pressurized distribution
systems and require that the area of the disposal field be twice that
as required in the PADEP Chapter 73, Rules and Regulations, Title
25.
(5)
Encourage water conservation and waste flow reduction by the use
of water-saving devices and other state-of-the-art water conservation
methods.
[Amended 6-3-2002 by Ord. No. 232]
The methodology for selecting and evaluating specific on-lot
disposal systems shall be a progressive four-step process as outlined
below. When individual OLDS and combined systems are not feasible,
community systems shall then be evaluated.
A.
Evaluate individual OLDS. There are two approved individual wastewater
treatment systems: septic tanks and aerobic treatment units. Either
treatment method could be used with the various effluent treatment
and disposal methods outlined below:
(1)
Conventional subsurface absorption system. If a site is suitable
(according to state rules and regulations) for conventional sewage
disposal systems such as a septic or aerobic tank with an absorption
area (standard trench, seepage bed, subsurface sand filters, or elevated
sand mounds), the appropriate combination of wastewater treatment
and effluent disposal system shall be selected as the most cost-effective
OLDS.
(2)
Alternate systems. If there are inadequate soils or engineering problems
on the site that prevent the use of conventional septic systems, and
public sewers are not available or feasible, alternate systems should
be evaluated. These systems use technology that has been proven successful;
however, installation approval is based upon a review by PADEP and
the Township of the design, installation, practices, and application
of the system to site conditions.
(3)
Experimental systems. Experimental systems are not encouraged by
the Township. An experimental system shall be used only in areas where
there is an acceptable replacement system (for example, a conventional
system or municipal sewer connection), or to correct an existing malfunction
where other alternatives are not available. Testing and monitoring
of these systems is required by the Township on a schedule set by
the Sanitary Officer and as required by PADEP.
B.
Examine combined individual and community systems. When proposed
land development is to be located on land unsuitable for individual
subsurface disposal of effluent, the existing individual systems shall,
whenever feasible, be linked to a central absorption area or an off-site
treatment facility with central land disposal or stream discharge.
As a remedial action, failing individual systems shall, whenever feasible,
be linked with new developments to solve the malfunction problems.
C.
Appraise community systems. When sewer connections are not feasible
for the new construction in development districts outside the public
sewer service areas, community systems shall be evaluated. On-site
or off-site wastewater treatment could be provided. Each collection
alternative should be reviewed and an effluent disposal method should
be selected from the various alternatives.
D.
Assess consolidated community systems. When an existing wastewater
facility is available to provide either wastewater treatment or effluent
disposal, a consolidated community system, if feasible and cost-effective,
shall be required. For example, an existing community system located
near a proposed package treatment plant for a new subdivision could
be combined for an improved sewage disposal system for the local area.
To determine the most cost-effective and environmentally sound
OLDS for a specific site, the OLDS selection methodology in Table
1[1] of this article shall be followed. This methodology applies
to all new construction and all rehabilitation or replacement of existing
OLDS.
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
[Amended 6-3-2002 by Ord. No. 232]
The organizational format for OLDS management in East Lampeter
Township is outlined in Table 2[1] of this article and detailed as follows:
A.
System ownership and maintenance. All individual OLDS shall be owned
and maintained by the property owner. All community OLDS may be offered
for dedication to the Township or agency designated by the Township
or shall be owned and maintained by a homeowners' association. The
operator of all community sewage facilities must be certified by PADEP,
and copies of all reports to PADEP shall also be furnished to the
Township.
B.
Escrow requirement. A fee or construction escrow managed by the Township
for all new systems shall be required as follows:
(2)
Individual slow-rate land application systems or stream discharge
systems: $1,000 for one year.
(3)
Community systems (all types), alternate systems and experimental
systems: 110% of the estimated construction cost as approved by the
Township Engineer. This escrow is to be held until construction is
completed to the satisfaction of the Township Engineer. Actual costs
of administrative review, inspection and all other incidental costs
will be paid by the Township from this fund.
(4)
Community systems (all types), alternate systems, and experimental
systems performance bond [i.e., operation and maintenance (O&M)
fund]: an amount equal to the estimated annual O&M costs times
3%, as approved by the Township Engineer, shall be retained by the
Township for a two-year period. The two-year period shall begin when
all units have been completed and sold, and occupancy permits have
been issued for all units.
(5)
The Township shall return to the property owner, homeowners' association,
or developer all unused construction escrow and/or performance bond
at the end of the respective time periods.
(6)
This fee/escrow schedule may be altered, updated or amended at any
time by resolution of the Board of Supervisors of East Lampeter Township.
C.
Powers and duties of the Sanitary Officer.
(1)
The Township Sanitary Officer shall have all of the powers and duties
described in Article XIX-A of the Second Class Township Code, 53 P.S.
§ 66951 et seq.,[2] necessary to enforce this article. The Sanitary Officer
will be responsible for administering those sections of this article
which assign specific duties and functions to the position of Sanitary
Officer. In general, the Sanitary Officer's powers, duties, and responsibilities
include, but are not limited to, the following:
(a)
To exercise the same authority as is prescribed for sanitary
boards in townships (53 P.S. § 66951).
(b)
To attend all stated and special meetings of the Sanitary Board
and/or Township Supervisors.
(c)
To enforce the provisions of this article for the purpose of
abating any and all public health nuisances, surface water pollution,
and groundwater contamination.
(e)
To consult with the Township Engineer, when deemed appropriate
by the Township Supervisors, to better effect the provisions of this
article.
[2]
Editor's Note: Former 53 P.S. § 66951 was repealed
11-29-1990 by P.L. 610, No. 155.
(2)
In the performance of assigned duties, the Sanitary Officer shall
not infringe upon the duties and functions of the Sewage Enforcement
Officer (SEO) for East Lampeter Township if they are not one and the
same person. At no time shall any action of the Sanitary Officer conflict
with the rules and regulations of Title 25, PADEP Rules and Regulations,
Chapter 71, "Administration of Sewage Facilities Program."[4]
[4]
Editor' Note: See 25 Pa. Code Ch. 71.
D.
OLDS inspections. On-site inspections of designated categories of on-lot disposal systems shall be conducted by the Township Sanitary Officer. The duties of the Sanitary Officer are outlined in Subsection C of this section. The frequency of inspection of OLDS by the Township Sanitary Officer shall be as follows:
(1)
Individual subsurface systems. The property owner shall provide to
the Township Sanitary Officer proof of pump-out once every five years
(minimum).
(2)
Individual slow-rate land application systems. Inspection once per
year.
(3)
Community systems (all types). Inspection once per month.
(4)
Alternate and experimental systems. Inspection semiannually for individual
systems and monthly for community systems.
E.
OLDS inspection fees. The cost of on-lot system inspections shall
be recouped by the Township as follows:
(1)
For individual subsurface OLDS, the property owner (e.g., homeowner)
shall pay for the cost of the on-site inspections through a direct
annual billing based upon a five year inspection period. In addition
to the inspection once every five years, property owners with individual
subsurface OLDS may request technical assistance from the Sanitary
Officer to assess any problems with the OLDS at any time within the
five-year period.
(2)
For individual slow-rate land application systems, community systems
(all types), alternate and experimental systems, the property owner
(e.g., homeowner), homeowners' association, or management agency shall
pay for all costs involved in the on-site inspections or technical
assistance.
(4)
A schedule of fees may be instituted, altered, amended or updated
at any time by resolution of the Board of Supervisors of East Lampeter
Township.
F.
Inspection program phase-in. The OLDS inspection program shall be
phased in over a five-year period beginning with the effective date
of this article. The phase-in shall be based on the following priority
list:
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
B.
The applicant for a building permit for any proposed subdivision
or land development which will utilize an on-lot sewage disposal system
shall submit to the Township an application for an OLDS management
permit (see Appendix A) concurrently with the preliminary subdivision
or land development plan. For single lot development, an application
for an OLDS management permit shall be submitted concurrently with
the building permit application.
A.
To meet the requirements of § 265-53B, an application for an OLDS management permit may be obtained and the completed application submitted at the East Lampeter Township municipal building on any business day.
B.
The Sanitary Officer shall forward one copy of the application to
the Township Engineer for his consideration and comments.
C.
The Sanitary Officer may review the application with the Township
Planning Commission, Township Engineer, Solicitor, and other Township
officials in order to determine approval, conditional approval or
disapproval of the application.
[Amended 6-3-2002 by Ord. No. 232]
A.
The Sanitary Officer shall issue a Township OLDS management permit
(Appendix B) for individual and community subsurface OLDS and for
alternate or experimental OLDS only after the Township has received
a copy of the PADEP sewage disposal system permit and only after all
subdivision and land development approvals have been obtained from
the Township. At no time can a Township OLDS management permit be
issued without verification of PADEP sewage permit. This section applies
to new OLDS, OLDS repairs, or replacement of existing OLDS.
B.
The Sanitary Officer shall issue a Township OLDS management permit
(Appendix B)[1] for stream discharge OLDS and slow-rate land application
(SRLA) OLDS (individual or community) only after the Township has
received notification from the PADEP that such a system has been approved
by the Department and that the appropriate PADEP permits have been
issued.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
New OLDS installation. An application for an OLDS management permit
for new construction shall include the following items:
(1)
Two completed copies of the "Application for an OLDS Management Permit."
(See Appendix A.)[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
Two copies of the subdivision or land development plan, if applicable.
(3)
Two copies of the on-lot disposal system (OLDS) plan which maps and describes the proposed OLDS per § 265-57 of this article. When a subdivision or land development plan is required, the OLDS plan shall be combined with such a plan.
(4)
Two copies of all supporting data, such as perc tests, field data,
hydrogeologic report and any other information required to support
the application or deemed necessary by the Sanitary Officer.
(5)
OLDS management permit fee in the amount established by the East
Lampeter Township Board of Supervisors. The permit fee schedule is
subject to change from time to time by resolution of the East Lampeter
Township Board of Supervisors.
(6)
Construction escrow or performance bond, when applicable in accordance
with Table 2[2] and § 265-63 of this article.
[2]
Editor's Note: Table 2 is included as an attachment to this chapter.
B.
Hydrogeologic study. An application for an OLDS management permit
for new construction or replacement of community OLDS must be accompanied
by a hydrogeologic study performed by a qualified professional.
(1)
The hydrogeological study shall include:
(b)
An evaluation to determine whether the geology presents a potential
for hazardous geology features (such as solution features, etc.) to
develop and whether any surface expressions of carbonate features
are evident.
(c)
A description of the proposed site usage including a description
of how the OLDS designs will prevent or alleviate potential groundwater
threats.
(d)
A discussion of how the proposed site usage will adversely affect
the environment if a failure or malfunction of the OLDS were to occur.
(For instance: denote the levels of contaminants present in the groundwater
at the property line(s); delineate the dispersion plume.)
(e)
Identification of the groundwater uses within the local area
and within the dispersion zone.
(f)
Any other information necessary to support the application or
that is requested by the Sanitary Officer.
(2)
As part of this requirement, the sizing of the lots must be supported
by the hydrogeologic study. The sizing of the lots may be no smaller
than that required by the zoning district and the minimum lot size
will be determined by the applicant as a function of the hydrogeologic
study.
C.
OLDS rehabilitation or replacement. An application for an OLDS management
permit for an existing system which is to be rehabilitated or replaced
shall include the following items:
(1)
Two completed copies of the "Application for an OLDS Management Permit"
(see Appendix A).[3]
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2)
Two copies of an "On-lot Disposal System (OLDS) Rehabilitation/Replacement
Plan" which maps and describes the modified OLDS.
(3)
OLDS management permit fee in the amount established by the East
Lampeter Township Board of Supervisors. The permit fee schedule is
subject to change from time to time by resolution of the East Lampeter
Township Board of Supervisors.
(4)
Construction escrow and/or performance bond, when applicable, in
accordance with Table 2[4] and § 265-63 of this article.
[4]
Editor's Note: Table 2 is included as an attachment to this chapter.
[Amended 6-3-2002 by Ord. No. 232]
A.
For all individual OLDS (refer to Table 2),[1] the OLDS plan shall include, as a minimum, the following:
(1)
A map no smaller than 8 1/2 inches by 11 inches showing the
general layout of the OLDS components with relationship to other existing
and proposed features on the lot (i.e., dwelling and/or other buildings,
property lines, well, stream, etc.).
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
B.
For all community OLDS (refer to Table 2),[2] the OLDS plan shall include the following:
(1)
Maps including or prepared in accordance with the following:
(a)
General.
[1]
Sheet sizes no smaller than 15 inches by 21 inches and no larger
than 30 inches by 42 inches.
[2]
Name or identifying title of project.
[3]
Name and address of landowner, applicant, and individual who
prepared the plan.
[4]
Plan date and date of latest revision to plan, North point,
graphic scale and written scale. All maps shall be drawn at a commonly
used engineering scale.
[5]
Location map which shows relationship of tract to the two nearest
public streets.
[6]
Note on plan indicating any area that is not to be offered for
dedication, along with a statement that the municipality is not responsible
for construction or maintenance of any area not dedicated for public
use.
[7]
Certificate, signed and sealed by a qualified individual registered
as a professional engineer in the Commonwealth of Pennsylvania and
qualified to perform such duties, indicating compliance with the provisions
of this article (see Appendix C).[3]
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
[8]
All final subdivision and land development plans shall contain
a title block, signed by the Sewage Enforcement Officer for East Lampeter
Township, which verifies that the proposed location of the on-lot
sewage system has been tested under current rules and regulations
(see Appendix D).[4]
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
(b)
Existing features.
[1]
Tract boundaries showing distances, bearings and curve data
as located by field survey or deed plotting, and total acreage of
tract.
[2]
Existing topographical data. This information shall be provided
by field survey of contour lines, indicating the natural drainage
patterns of the site, along with the approximate grades of all slopes.
Contour lines shall be provided at two-foot intervals for slopes of
4% or less, and at vertical intervals of five feet for more steeply
sloping land. Additionally, the bench mark and the data used shall
also be indicated.
[3]
Names of all owners of all immediately adjacent unplatted land,
names of all proposed or existing developments immediately adjacent,
and locations and dimensions of any streets or easements shown thereon.
[4]
Names, locations and dimensions of all existing buildings, streets,
railroads, utilities, watercourses, streams, swales, drainage facilities,
lakes, ponds, floodplains, wetlands, and other significant features
within the property.
[5]
Soil types within the site, based on maps contained in the Soil
Survey of Lancaster County, Pennsylvania, U.S. Department of Agriculture,
Natural Resources Conservation Service. A table shall indicate each
soil's limitations for community development.
[6]
Locations of all deep test pits and percolation test holes on
the site.
(c)
Proposed features.
[1]
Proposed land use, total number of lots and dwelling units,
and extent of commercial, industrial or other nonresidential uses.
[2]
Locations and dimensions of all proposed streets, sidewalks,
lot lines, building locations, parking compounds, impervious and semi-impervious
surfaces, sanitary sewer facilities, water facilities and areas proposed
for public dedication.
[3]
Proposed changes to land surface and vegetative cover, including
areas to be cut or filled.
[4]
Proposed topographical data shall be provided by contour lines
or flow arrows, indicating the natural drainage patterns of the site,
along with the approximate grades of all slopes. The Township may
require contour lines where flow arrows do not provide sufficient
information to evaluate the project. Where contour lines are shown,
they shall be provided at two-foot vertical intervals for slopes of
4% or less, and at vertical intervals of five feet for more steeply
sloping land.
[5]
Plans and profiles of proposed stormwater management facilities,
including horizontal and vertical locations, sizes, and types of materials.
This information shall be of the quality required for the construction
of all facilities.
[6]
Plans and profiles of all erosion and sedimentation control
measures, temporary as well as permanent.
[7]
Proposed locations of potable water well(s).
[9]
Detailed plan and section sketches of all components of the
on-lot sewage treatment/disposal system with construction/installation
specifications.
[10]
Proposed locations of all groundwater monitoring
wells as may be required by the Township and/or PADEP.
(2)
A written narrative report including or prepared in accordance with
the following:
(a)
General project description.
(b)
Location map.
(c)
Site characteristics.
(d)
Soils.
(e)
Projected sewage flows.
(f)
Water supply.
(g)
Sewage facilities alternatives analysis.
(h)
Environmental considerations.
(i)
Project financing.
(j)
Description of an operation and maintenance (O&M) program,
in a recordable form, that clearly sets forth the operation and maintenance
responsibility for all components of the on-lot sewage treatment/disposal
facilities, including the following:
[1]
Description of the method and extent of the maintenance requirements.
[2]
When maintained by a private entity, identification of a responsible
individual, corporation, association, or other entity for operation
and maintenance.
[3]
When maintained by a private entity, a copy of the legally binding
document which provides that the Township shall have the right to:
[a]
Inspect the facilities at any time.
[b]
Require the private entity to take corrective measures
and assign the private entity a reasonable time period for any necessary
action.
[c]
Authorize maintenance to be done and lien the cost
of the work against the properties of the private entity responsible
for maintenance.
[d]
Establishment of suitable easements, where applicable,
for access to on-lot sewage disposal facilities.
(3)
The OLDS plan for community systems shall be recorded by the Township
at the Lancaster County Recorder of Deeds office upon issuance of
an OLDS permit.
[2]
Editor's Note: Table 2 is included as an attachment to this chapter.
A modification of an approved on-lot disposal system plan shall
require a new permit except that the Sanitary Officer may authorize
modification, provided that such modifications do not 1) alter the
on-lot sewage disposal facilities in a manner which significantly
affects the proper installation, operation, and maintenance of the
system, or 2) significantly relocate any component of the on-lot disposal
system. The Sanitary Officer may submit to the Township Engineer for
review any alteration of an on-lot sewage treatment/disposal facility.
[Amended 6-3-2002 by Ord. No. 232]
A.
Intent and criteria for waiver. The provisions of this article are
intended as minimum standards for the protection of the public health,
safety, and welfare. The Board of Supervisors of East Lampeter Township
may grant a waiver from literal compliance with mandatory provisions
of this article, provided that the following findings are made where
relevant in a given case:
(1)
That compliance would cause unnecessary hardship, excluding economic
hardship, as it applies to particular property;
(2)
That such unnecessary hardship has not been created by the appellant;
(3)
That the variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare;
(4)
That the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue; and
(5)
That the alternative proposal will allow for equal or better results.
B.
Additionally, the Board of Supervisors may hear and decide appeals
where it is alleged that the Sanitary Officer has failed to follow
prescribed procedures or has misinterpreted or misapplied any provision
of this article.
C.
The approval of a waiver or appeal shall not have the effect of making
null and void the intent and purpose of this article. In the approval
of a waiver or appeal, the Board of Supervisors may impose such conditions
as will, in its judgment, secure substantially the objectives of the
standards and requirements of this article. This section of this article
shall in no way preempt the authority of the PADEP.
D.
Application procedures (waiver/appeal). All requests for waivers
or appeals shall be processed in accordance with the following:
(1)
A request for a waiver or appeal shall be submitted to the East Lampeter
Township Secretary. The request shall be made in writing and identify
1) the specific section of this article or decision which is requested
for waiver or appeal, 2) the proposed alternative to the requirement,
when applicable, and 3) justifications for an approval of the waiver
or appeal.
(2)
The applicant shall deposit a sum of money in an escrow account when
submitting a request for a waiver or appeal. The amount shall be $400,
and is subject to change upon resolution by the Board of Supervisors.
In addition, the Board may waive or reduce initial escrow amounts.
Furthermore the applicant shall reimburse East Lampeter Township for
all reasonable professional expenses in excess of the escrow account
that are incurred during the waiver and appeal procedure.
(3)
The Township Secretary shall 1) schedule the request for consideration
by the Board of Supervisors at a public meeting within 45 days of
receipt and 2) provide adequate notice to the applicant, the Sanitary
Officer, and any other involved parties of the meeting at which consideration
of the request is scheduled.
(4)
The Board of Supervisors shall, following the consideration of the
request, take such public action as it shall deem advisable no later
than its next regularly scheduled public meeting. Such action shall
cite the findings and reasons for the deposition of the waiver or
appeal. Failure of the Board of Supervisors to render a decision and
communicate it as prescribed above shall be deemed an approval unless
the time period is extended by the applicant.
An on-lot disposal system permit shall expire under either of
the following circumstances:
A.
The dwelling or establishment is unoccupied for a period of two years
or more.
B.
The property owner, property owners' association, or homeowners' association fails to renew the OLDS permit by having the system inspected by the Sanitary Officer as outlined in § 265-52C and Table 2[1] of this article. In the case of an individual subsurface
OLDS, proof of pump-out is required in order to renew the OLDS permit.
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
A.
Permit renewal. The Sanitary Officer shall inspect each OLDS according to the schedule outlined in § 265-52C and Table 2[1] of this article. As a result of the OLDS inspection, the
Sanitary Officer shall take one of the following actions:
(1)
Renew the existing OLDS permit if the system is determined to be
functioning properly. In the case of individual subsurface OLDS, the
owner must provide proof that the septic tank has been pumped out
within a five-year interval.
(2)
Issue a temporary permit extension for 90 days if it is found that
the system is not functioning properly or has not been pumped out
according to the schedule in Table 2. It is then the responsibility
of the property owner to repair the system or to have it pumped out
as necessary.
(4)
If the property owner does not meet the requirements of a temporary permit extension, i.e., repair the system or pump out the septic tank, within the ninety-day period, enforcement action shall be taken as outlined in §§ 265-53 through 265-63 of this article. All OLDS permit renewals, temporary extensions, and proof of pump-out shall be recorded by the Sanitary Officer (see Appendix B).[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
B.
Permit transfer. Upon transfer of property ownership, a valid OLDS
permit shall automatically transfer to the new owner. The inspection
schedule for the subject OLDS shall also transfer with the property
ownership.
A.
The inspection of all OLDS within East Lampeter Township shall follow
the schedule outlined in Table 2 of this article.[1]
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
B.
Following each scheduled OLDS inspection, the property owners' or
homeowners' association will be billed for the cost of the inspection
and the OLDS permit issuance/renewal according to a fee schedule adopted
by resolution of the East Lampeter Township Board of Supervisors according
to the following OLDS types:
A.
Construction escrow.
(1)
As required by Table 2 of this article[1] and as outlined below, the property owner or developer
shall file with the East Lampeter Township Board of Supervisors a
financial security. The purpose of such a construction escrow shall
be that the Township may effect repairs to the OLDS or replacement
of the OLDS as may be necessary for continued proper functioning.
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
(2)
Without limitation as to other types of financial security which
the Township may approve, such approval shall not be unreasonably
withheld. Federal or commonwealth-chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts shall be deemed
acceptable financial security. Such financial security shall be posted
with a bonding company or federal or commonwealth-chartered lending
institution chosen by the developer, provided said bonding company
or lending institution is authorized to conduct such business within
the Commonwealth of Pennsylvania.
(3)
The amount of the construction escrow shall be as follows:
(a)
For conventional individual subsurface OLDS, there shall be
no construction escrow required.
(b)
For individual slow-rate land application (SRLA) systems, individual
stream discharge systems, and individual alternate or experimental
OLDS, the construction escrow shall be $1,000 to be held for one full
year from the date of completion of system construction.
(c)
For all community OLDS, the construction escrow shall be 110%
of the estimated construction cost. The cost of the facilities shall
be established by submission to the Board of Supervisors a bona fide
bid or bids from the contractor or contractors chosen by the developer
or property owner to complete the facilities, or in the absence of
such bona fide bids, the cost shall be established by estimates prepared
by the Township Engineer. If the developer requires more than one
year from the date of posting of the financial security to complete
the required facilities, the amount of financial security may be increased
by an additional 10% for one-year period beyond the first anniversary
date from posting of financial security or to an amount not exceeding
110% of the cost of completing the required facilities as reestablished
on or about the expiration of the preceding one-year period by using
the above bidding.
B.
Performance bond.
(1)
The Township and its Sanitary Officer shall, prior to issuing an
OLDS permit for all community OLDS, require a performance bond to
ensure continued operation and maintenance of the system. The performance
bond shall be held for a period of two years and may be used by the
Board of Supervisors in the event that repairs to the system are necessary
to effect proper operation and/or maintenance of the OLDS. As outlined
in Table 2 of this article, the following shall be the requirements
for performance bonds for OLDS operation and maintenance:
(a)
No performance bond shall be required for any individual OLDS.
(b)
For all community OLDS, the performance bond shall be 300% of
the estimated annual operation and maintenance (O&M) costs. The
estimated annual O&M cost shall be provided by the property owner,
developer, or contractor and must be verified as accurate by the Township
Engineer.
(2)
Without limitation as to other types of financial security which
the Township may approve, such approval shall not be unreasonably
withheld. Federal or commonwealth-chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts shall be deemed
acceptable financial security. Such financial security shall be posted
with a bonding company or federal or commonwealth-chartered lending
institution chosen by the developer, provided said bonding company
or lending institution is authorized to conduct such business within
the Commonwealth of Pennsylvania.
Any person, partnership, or corporation engaged in the construction of an on-lot disposal system (OLDS) (as defined in § 265-47 of this article) or involved in the installation, operation, and/or maintenance of any or all components of an OLDS, shall implement such activities consistent with the OLDS permit and this article. Any such activity conducted in violation of this article or the OLDS permit is hereby declared a public nuisance. In the event of a violation, the East Lampeter Township Board of Supervisors may initiate the following actions:
A.
Suspension of OLDS Management Permit.
(1)
Any permit, issued under this article may be suspended by the Sanitary
Officer based upon:
(a)
The noncompliance with or failure to implement any provision
of the OLDS management plan; or
(b)
A violation of any provision of this article relating to the
project; or
(c)
The creation of any condition or the commission of any act during
construction which constitutes or creates a hazard or nuisance or
which endangers the life or property of others.
(2)
Under the suspension of a permit, only such work as the Sanitary
Officer so authorizes may proceed. This work shall be limited to that
which is necessary to correct the violation. A suspended permit shall
be reinstated by the Sanitary Officer when:
B.
Revocation of an OLDS permit.
(1)
Based upon a report from the Township Engineer that the existing
site condition or further construction is likely to endanger property
or create hazardous conditions, the Sanitary Officer may:
C.
Civil remedies. Suits to restrain, prevent, or abate a violation
of this article may be instituted in equity or at law by the East
Lampeter Township Board of Supervisors, such proceedings in equity
or law may be initiated before any court of competent jurisdiction.
In cases of emergency where, in the opinion of the court, the circumstances
of the case require immediate abatement of the unlawful conduct, the
court may, in its decree, fix a reasonable time during which the person
responsible for the unlawful conduct shall correct or abate the same.
The expense of such proceedings shall be recoverable from the violator
in such manner as may now or hereafter be provided by law.
D.
Notification of suspension or revocation of an OLDS permit. In the
event of a suspension or revocation of an OLDS permit the Sanitary
Officer shall provide written notification, by certified mail, of
the violation to the permittee at his last known address. Such notification
shall:
(1)
Cite the specific violation, describe the requirements which have
not been met, and cite the provisions of this article relied upon.
(2)
Identify the specific protective measures to be taken.
(3)
Assign a reasonable time period necessary for action or, in the case
of revocation, identify if the Township has authorized protective
measures to be performed at cost to the landowner.
(4)
Identify the right of permittee to request a hearing before the Board
of Supervisors if aggrieved by the suspension or revocation.
[Amended 6-3-2002 by Ord. No. 232]
A.
Any person, firm or corporation who shall violate any provision of
this article shall, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this article continues or each section of this article which shall
be found to have been violated shall constitute a separate offense.
B.
In addition, the Township may institute injunctive, mandamus, or
any other appropriate action or proceeding of law or in equity for
the enforcement of this article. Any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, writs of mandamus, or other appropriate forms of remedy
or relief.
Any persons aggrieved by any action of the Sanitary Officer
may appeal to the Board of Supervisors of East Lampeter Township within
20 days of that action.
