This Part shall be known as the "Upper Makefield Township On-lot
Disposal System (OLDS) Management Ordinance."
The Board of Supervisors of Upper Makefield Township finds that:
A. Inadequate management of individual and community on-lot sewage 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 Upper Makefield Township.
The purpose of this Part is to promote the public health, safety and welfare by minimizing the problems described in §
18-102A of this Part by:
A. Review of OLDS plans for conformance with the Township's Official
Sewage Facilities Plan (Act 537 Plan) and regulations and ordinances enacted to implement
the Act 537 Plan.
B. Enactment and implementation of this Part and appurtenant ordinances
concerning holding tanks and water conservation and sewage flow reduction.
C. Development and implementation of a public education program to supplement
the public assurance program.
D. Giving force and effect to the policies adopted in the Official Act
537 plan of Upper Makefield Township.
The Board of Supervisors of Upper Makefield Township, Bucks
County, Pennsylvania, pursuant to the Clean Streams Law of Pennsylvania
(Act 394 of June 22, 1937, P.L. 1987, as amended), 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 Part as the "Upper Makefield Township On-lot Disposal System (OLDS) Management Ordinance." This Part shall apply to all on-lot sewage systems as defined in §
18-112 of this Part. No requirement of this Part shall preempt the functions, duties, and jurisdiction of the Bucks County Department of Health (BCDH), the Clean Streams Law, or BCDH rules and regulations of OLDS.
After giving adequate notice and upon presentation of proper
credentials, the Code Enforcement Officer of Upper Makefield Township
may enter at reasonable times upon any property within the Township
to investigate or ascertain the condition of an OLDS on the property.
Operation and maintenance agreements executed pursuant to this
Part 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.
Nothing in this Part shall relieve the owner of a property on
which an OLDS is located of responsibility to those adversely affected
by the operation and maintenance of the OLDS. Further, the Township
assumes no responsibility to either the developer, the homeowner,
the adjoining property owner, or any other person or entity affected
by operation of an OLDS on property not owned by the Township.