Newtown Township COMMUNITY ON-LOT DISPOSAL SYSTEMS (OLDS)

[Ord. 95-O-7, 9/13/1995, § 301]

Title. This Part shall be known as the "Newtown Township Community On-Lot Disposal Systems (OLDS) Management Ordinance."

Statement of Findings. The Board of Supervisors of Newtown Township finds that:

Inadequate management of community on-lot wastewater disposal systems increases surface water pollution, groundwater contamination, the potential of public health problems, and general nuisance conditions.

A comprehensive and reasonable program of community 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 Newtown Township.

Purpose. The purpose of this Part is to promote the public health, safety, and welfare by minimizing the problems described in subsection (2)(A) of this section by:

Review of community OLDS plans for conformance with the Township's official wastewater facilities plan and ordinances.

Giving force and effect to the policies adopted in the official Act 537 Plan of Newtown Township.

Adoption; Authority; Applicability. The Board of Supervisors of Newtown 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.), the Second Class Township Code (53 P.S. §§ 65727, 65729 and 66951), and the rules and regulations of the Department of Environmental Resources adopted pursuant to the aforementioned statutes, hereby enacts and ordains this Part as the Newtown Township Community On-Lot Disposal System (OLDS) Management Ordinance. This Part shall apply to all community on-lot sewage systems as defined in § 302 of this Part. No part of this Part shall preempt the functions, duties and jurisdiction of the Bucks County Department of Health (BCDH) with respect to the enforcement of Act 537, the Clean Streams Law or BCDH rules and regulations for OLDS.

Right-of-Entry. After giving adequate notice and upon presentation of proper credentials, the Code Enforcement Officer of Newtown Township may enter at reasonable times upon any property within the Township to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this Part.

Repealer. Any ordinance of Newtown Township inconsistent with any of the provisions of this Part is hereby repealed to the extent of the inconsistency only.

Severability. Should any Section or provision of this Part be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this Part or of the provisions of the Code of Ordinances of Newtown Township.

Compatibility With Other Permits and Ordinances. Permits issued 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.

Township Liability. The degree of community on-lot disposal system (OLDS) management sought by the provisions of this Part is considered reasonable for regulatory purposes. The issuance of permits by Newtown Township, its officer or employees, shall not be deemed to relieve the developer or the owner 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 owner or any adjoining property owner affected by the on-lot disposal of sewage.

§ 18-302 Definitions.

[Ord. 95-O-7, 9/13/1995, § 302]

General. 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. Where terms are not defined herein, the definitions of the terms in the Joint Municipal Zoning Ordinance, Newtown Township Subdivision and Land Development Ordinance [Chapter 22], Act 537, the Clean Streams Law and the regulations adopted under Act 537 and the Clean Streams Law are hereby incorporated into this Part.

Definitions. In addition, the following words and terms, when used in this Part, shall have the following meanings, unless the context clearly indicates otherwise:

APPLICANT

A landowner, as herein defined, or agent of the landowner, who has filed an application for a community on-lot disposal system management permit.

BCDH

Acronym for the Bucks County Department of Health, the local agency in the County of Bucks responsible for enforcing the rules and regulations of the PA DER regarding sewage facilities, specifically Act 537 and Chapters 71, 72 and 73 promulgated thereunder.

CODE ENFORCEMENT OFFICER

The zoning officer of Newtown Township is appointed by the Township Supervisors and empowered by the Second Class Township Code (53 P.S. §§ 66951 - 66964) for the purpose of enforcing the health laws of the Township and the provisions of this Part.

COMMUNITY ON-LOT DISPOSAL SYSTEM (OLDS)

A system of piping, tanks and/or other components serving more than one residence or establishment by collecting, treating and disposing of sewage in whole or in part into the soil or into any waters of this Commonwealth.

COMMUNITY OLDS MANAGEMENT PROGRAM

A method of managing community on-lot sewage disposal systems (OLDS) which has as its general goals the installation of sound OLDS and the assurance that new existing OLDS are properly operated and maintained.

DEVELOPER

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.

HOMEOWNERS ASSOCIATION

A nonprofit or for-profit corporation controlled by a board of directors which administers by-laws and rules and regulations governing all lots and/or common area in the residential development.

MANAGEMENT AGENCY

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.

MUNICIPALITY

A city, incorporated town, township or borough.

OFFICIAL ACT 537 PLAN

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 537 and Chapter 71, Rules and Regulations, promulgated thereunder.

PA DER

Acronym for the Pennsylvania Department of Environmental Resources which is a cabinet level agency with broad authorities granted by legislation to protect Pennsylvania's many environmental resources. The DER 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.

PROOF OF PUMP-OUT

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.

PROPERTY OWNER

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.

PROPERTY OWNERS ASSOCIATION

A for-profit or nonprofit corporation controlled by a board of directors which administers by-laws and rules and regulations governing all lots and/or common area (open space) in a nonresidential development such as an industrial park.

PUBLIC ASSURANCE PROGRAM

That part of a community OLDS management program which, through an on-lot system inspection process, seeks to ensure that community sewage systems are operated and maintained properly.

SECOND CLASS TOWNSHIP CODE

Pennsylvania Statue 53 (P.S. 53 § 65101) outlining laws relating to townships of the second class. The act, as amended, become effective July 1, 1947.

SEWAGE

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. § 691.1-601.1001).

SEWER AUTHORITY

The Newtown, Bucks County, Joint Municipal Authority.

SEWAGE ENFORCEMENT OFFICER (SEO)

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 concludes 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.

WATERCOURSE

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.

WATERS OF THIS COMMONWEALTH

Rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, damned 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.

§ 18-303 Program Requirements and Policies.

[Ord. 95-O-7, 9/13/1995, § 303]

General. The following programs are hereby enacted to effect improved community on-lot disposal system (OLDS) installation, operation and maintenance. These programs apply to both existing and new OLDS in conjunction with appurtenant ordinances of Newtown Township.

OLDS Planning Policies.

The Township Planning Commission shall review all subdivision/land development plans containing community OLDS system design and layout details for conformance with the official wastewater facilities (Act 537) plan, this community OLDS 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 community OLDS program to their respective duties and functions.

The following OLDS planning policies foster the nonsewered approach and the conservation of groundwater resources.

(1)

Limited expansion of existing centralized wastewater facilities by encouraging on-lot systems.

(2)

Maintain community OLDS ownership with the property owner, homeowners association or developer.

(3)

Encourage the use of innovative wastewater facilities which reduce water consumption and wastewater generation.

(4)

Recycle wastewater by relying upon community OLDS for groundwater recharge via either subsurface or surface disposal of treated wastewater effluent.

(5)

Promote subsurface disposal of effluent wherever possible.

(6)

Restrict community subsurface systems to pressurized distribution systems.

(7)

Encourage water conservation and wasteflow reduction by the use of water saving devices, nonwater toilets, wastewater effluent recycling and reuse, and other state-of-the-art water conservation methods.

Management of Community On-Lot Disposal Systems (OLDS).

System Ownership and Maintenance. All community OLDS shall be offered for dedication to the Township or agency designated by the Township or owned and maintained by a homeowners association. The operator of all community sewage facilities must be certified by DER.

Escrow Requirement. A construction escrow managed by the Township for all new systems shall be required as follows:

(1)

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.

(2)

Community systems (all types), alternate systems and experimental systems (operation and maintenance (O&M) fund): an amount of funds shall be placed in an interest bearing account to guarantee the continued annual operation and maintenance expenses being funded. The estimated annual O&M cost shall be determined by the Township Engineer and this amount shall be guaranteed, assuming a 5% rate of return of invested funds.

(3)

The Township shall return to the property owner or homeowners association all unused construction escrow at the end of the respective time periods.

Powers and Duties of the Code Enforcement Officer. The Township Code Enforcement Officer shall have all of the powers and duties described in Article XIX-A of the Second Class Township Code (53 P.S. § 66951-66964) necessary to enforce the provisions of this Part. The officer will be responsible for administering those sections for this Part which assign specific duties and functions to the position of the officer. In general, the officer's powers, duties and responsibilities include, but are not limited to, the following:

(1)

To enforce the provisions of this Part for the purpose of abating any and all public health nuisances, surface water pollution and groundwater contamination.

(2)

To enter at reasonable times upon any premises in the Township upon which there is suspected to be any nuisance or public health hazard (detrimental to the public health) for the purpose of examining and abating the same. (53 P.S. § 66957).

(3)

To consult with the Township Engineer, when deemed appropriate by the Township Supervisors, to better effect the provisions of this Part.

In the performance of assigned duties, the officer shall not infringe upon the duties and functions of the Sewage Enforcement Officer (SEO) for Newtown Township employed by the Bucks County Department of Health (BCDH). At no time shall any action of the officer conflict with the rules and regulations of the BCDH or Title 25 Pa. Code, PA DER Rules and Regulations, Chapter 71, "Administration of Sewage Facilities Program," Chapter 7," "Administration of Sewage Facilities Permitting," and Chapter 73, "Standards for Sewage Disposal Facilities."

Required Pumping and Inspection of Community OLDS.

(1)

All on-lot disposal systems utilizing a septic tank as a primary treatment unit shall be pumped on the following schedule:

(a)

Community Systems (all types). Once per year.

(b)

Alternate and Experimental Systems. Once per year.

(c)

In addition to the foregoing schedule, the Code Enforcement Officer may order more frequent pumping when a system is found to be malfunctioning upon inspection by the officer or the Sewage Enforcement Officer of the Bucks County Department of Health.

(2)

All aerobic unit systems shall be inspected annually for proper operation and certified to be in good working order.

Community OLDS Pumping and Inspection Procedures. The following procedure shall be implemented by the Township to initiate the pumping and inspection procedures:

(1)

The Township shall send notice to the OLDS system owners of the required pumping and/or inspection.

(2)

The owner shall have 60 days from receipt of the notice of required pumping to have the system pumped and inspected; provided, however, that aerobic systems need not be pumped. Aerobic systems only require inspection.

(3)

The following procedures shall be utilized in pumping and inspecting an on-lot disposal system utilizing a septic tank as a primary unit:

(a)

Locate the septic tank and the effluent disposal area (tile field trenches, seepage bed, seepage pits, elevated sand mound, etc.).

(b)

Locate the septic tank cleanout manhole and excavate around the cover to prevent soil from falling into the tank when the cover is removed. The owner shall be responsible to have the clean-out manhole excavated, whether by the sewage hauler or otherwise.

(c)

Remove cleanout manhole cover. Break up scum in the tank and pump out a portion of the material in the tank. Do not pump out of the inspection port over the baffle as this may damage the baffle and will not permit the tank contents to be thoroughly mixed for pumping.

(d)

Reinject the pumped liquid back into the tank to further break up the scum and mix the sludge at the bottom of the tank with the liquid. Pump out the mixed material.

(e)

Repeat subsection (d) until the tank can be completely pumped out, i.e., all sludge and scum removed.

(f)

With the tank empty, inspect the tank for cracks, leaks, deterioration and missing baffles. Do not go into tank to make the inspection. A mirror and light may be helpful to see inside the tank. Note any problems with the tank. Do not clean the tank with acid or chemical cleaner.

(g)

Replace the manhole cover carefully and securely.

(h)

If the tank is buried deeper than a foot or two, it is suggested that risers be installed over the cleanout manhole and inspection port to facilitate future cleaning and inspection. The riser over the cleanout manhole should be at least four inches in diameter.

(i)

Backfill over the cover or around the riser.

(j)

Make a visual inspection of the disposal area for seepage, breakouts, etc., and note any problems.

(k)

Inform the owner of any problems encountered with any of the components of the system and, if possible, suggest corrective measures.

(l)

Clean up any spillage. Dispose of the septage at any approved disposal site.

(4)

Aerobic systems shall not be pumped but shall be inspected by a qualified person to determine that they are in good working order.

(5)

The pumping and inspection notice, signed by the sewage hauler or, in the case of an aerobic system, by the inspector, shall be returned to the Township by the owner together with a fee which will be set by resolution of the Township Board of Supervisors.

(6)

In the event that cracks, leaks, leaking or inoperable baffles are found by the sewage hauler, or in the case of an aerobic system, a malfunction is found by the inspector, the damage or malfunction must be repaired within 30 days and the owner must submit a certification by the person performing the repairs that they have been completed. The Code Enforcement Officer may inspect the system to confirm that the repairs have been completed.

Licenses for Sewage Haulers and Inspectors.

(1)

License Required. No sewage hauler, including those persons delivering, picking up and cleaning portable sanitary facilities such as "Johnny-on-the-Spot," or inspector of aerobic systems shall engage in business within the Township or offer such service within the Township without first being in compliance with the Township's Sewage Hauler's Ordinance.

§ 18-304 Permit Procedures and Requirements.

[Ord. 95-O-7, 9/13/1995, § 304]

General. In accordance with § 304 of this Part, a community on-lot disposal system (OLDS) as defined in § 302 of this Part shall not be installed nor shall any building be occupied until a community OLDS management permit has been issued by the Township.

The applicant for a building permit for any proposed subdivision or land development which will utilize a community on-lot sewage disposal system shall submit to the Township an application for a community OLDS management permit (see Appendix A) concurrently with the first building permit application proposing to utilize the community system.

Application Procedure. To meet the requirements of § 304(1)(A), an application for a community OLDS management permit shall be obtained and submitted at the Newtown Township Municipal Building on any business day.

The Code Enforcement Officer shall forward one copy of the application to the Township Engineer for his consideration and comments.

The Code Enforcement Officer may review the application with the Township Planning Commission, Township Engineer, Township Solicitor and other municipal officials in order to determine approval, conditional approval or disapproval of the application.

Permit Issuance.

The Code Enforcement Officer shall issue a Township community OLDS management permit for community OLDS only after the Township has received a copy of the Bucks County Department of Health (BCDH) sewage disposal system permit and, in the case of a large volume on-lot sewage system, a clean streams permit from PA DER. At no time can a Township community OLDS management permit be issued without verification of BCDH sewage permit. This Section applies to new OLDS, OLDS repairs or replacement of existing OLDS.

The Code Enforcement officer shall issue a Township community OLDS management permit for stream discharge OLDS and slow-rate land application (SLRA) OLDS only after the Township has received notification from the PA DER that such a system has been approved by the Department and that the appropriate PA DER permits have been issued.

Application Requirements.

New Community 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: Appendix A is on file in the Township offices.

(2)

Two copies of the approved subdivision or land development plan.

(3)

Two copies of the BCDH sewage disposal system permit and/or PA DER permits including a copy of the application for the permit with all approved maps, plans and narratives attached and a written narrative report including:

(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:

Description of the method an extent of the maintenance requirements.

When maintained by a private entity, identification of a responsible individual, corporation, association or other entity for operation and maintenance.

When maintained by a private entity, a copy of the legally binding document which provides that the Township shall have the right to:

Inspect the facilities at any time.

Require the private entity to take corrective measures and assign the private entity reasonable time periods for any necessary action.

Authorize maintenance to be done and lien the cost of the work against the properties of the private entity responsible for maintenance.

Establishment of suitable easements, where applicable, for access to on-lot sewage disposal facilities.

(4)

OLDS management permit fee in the amount established by the Newtown Township Board of Supervisors. The permit fee schedule is subject to change from time to time by resolution of the Newtown Township Board of Supervisors.

(5)

Construction escrow and performance funds in accordance with §§ 303 and 410 of this Part.

OLDS Rehabilitation or Replacement. An application for a community 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 a community OLDS management permit."

(2)

Two copies of "community on-lot disposal system (OLDS) rehabilitation/replacement plan" which maps and describes the modified OLDS.

(3)

(4)

Construction escrow and performance funds, when applicable, in accordance with §§ 303 and 411 of this Part.

Community OLDS Plan Contents.

For all community OLDS, the OLDS plan shall include the following:

(1)

Maps including or prepared in accordance with the following:

(a)

General.

Sheet sizes no smaller than 18 by 22 inches and no larger than 34 by 44 inches.

Name or identifying title of project.

Name and address of landowner, applicant and individual who prepared the plan.

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.

Location map which shows relationship of tract to the two nearest public streets.

Note on plan indicating any area that is not to be offered for dedication, along with a statement that the Township is not responsible for construction or maintenance of any area not dedicated for public use.

Certificate, signed and sealed by an individual registered in the Commonwealth of Pennsylvania and qualified to perform such duties, indicating compliance with the provisions of this Part (see Appendix C).[2]

[2]

Editor's Note: Appendix C is on file in the Township offices.

All final subdivision and land development plans shall contain a title block, signed by an authorized agent of the Bucks County Department of Health, which verifies that the proposed location of the on-lot sewage system has been tested under current rules and regulations (see Appendix D).[3]

[3]

Editor's Note: Appendix D is on file in the Township offices.

(b)

Existing Features.

Tract boundaries showing distances, bearings and curve data, as located by field survey or deed plotting and total acreage of tract.

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 benchmark and the datum used shall also be indicated.

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.

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.

Soil types within the site, based on maps contained in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, U.S. Department of Agriculture, Soil Conservation Service, 1975. A table shall indicate each soil's limitations for community development.

Locations of all deep test pits and percolation test holes on the site.

(c)

Proposed Features.

Proposed land use, total number of lots and dwelling units and extent of commercial, industrial or other nonresidential uses.

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.

Proposed changes to land surface and vegetative cover including areas to be cut or filled.

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, the 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.

Plans and profiles or proposed stormwater management facilities, including horizontal and vertical location, size and type of material. This information shall be of the quality required for the construction of all facilities.

Plans and profiles of all erosion and sedimentation control measures, temporary as well as permanent.

Proposed location of potable water well(s).

Proposed location of all components of an on-lot sewage treatment/disposal system and the isolation distances as required by PA DER rules and regulations, Chapter 73.13.

Detailed plan and section sketches of all components of the on-lot sewage treatment/disposal system with construction/installation specifications.

10)

Proposed location of all groundwater monitoring wells as may be required by the BCDH and/or PA DER.

(2)

The OLDS plan for community systems shall be recorded by the Township at the Bucks County Recorder of Deeds office and issuance of an OLDS permit.

Modification of Plans. A modification of an approved community on-lot disposal system plan shall require a new permit except that the Code Enforcement Officer may, with the prior concurrence of the Bucks County Department of Health or PA DER, 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 officer may submit to the Township Engineer for review any alteration of an on-lot sewage treatment/disposal facility.

Waiver and Appeal Procedure.

The provisions of this Part are intended as minimum standards of the protection of the public health, safety and welfare. The Board of Supervisors of Newtown Township may grant a waiver from literal compliance with mandatory provisions of this Part; 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.

(5)

That an alternative proposal will allow for equal or better results.

Additionally, the Board of Supervisors may hear and decide appeals where it is alleged that the Code Enforcement Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this Part.

The approval of a waiver or appeal shall not have the effect of making null and void the intent and purpose of this Part. 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 Part. This Section of this Part shall in no way preempt the authority of the Bucks County Department of Health or the PA DER.

(1)

Application Procedure (Waiver/Appeal). All requests for waivers or appeals shall be processed in accordance with the following:

(a)

A request for a waiver or appeal shall be submitted to the Township Manager. The request shall be made in writing and identify (1) the specific section of the ordinance 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 of appeal.

(b)

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 set by separate ordinance 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 Newtown Township for all reasonable professional expenses in excess of the escrow accounts that are incurred during the waiver and appeal procedure.

(c)

The Township Manager 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.

(d)

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 regulatory scheduled public meeting. Such action shall cite the findings and reasons for the deposition of the waiver or appeal. Failure of the Board of Super-visors to render a decision and communicate it as prescribed above shall be deemed an approval unless the time period is extended by the applicant.

Expiration of a Community OLDS Management Permit. An on-lot disposal system management permit shall expire if the system remains unused for a period of two years or more.

Transfer of OLDS Management Permits. The transfer of a property subject to an OLDS permit shall require the transferor supply the transferee with a written statement that the OLDS is in compliance with the OLDS ordinance. If the transferor is not in compliance, the transferor shall come into compliance before the property is transferred. In addition, the transferor shall supply the transferee with a legible plan of the location and design of the well serving the property and OLDS if any, on the property being transferred. Finally, the transferor shall promptly notify the Code Enforcement Officer of the full name(s) and address of the transferee and the officer shall transfer the existing OLDS permit to the transferee, subject to its terms and conditions and inspection schedule.

10.

Construction Escrow/Performance Bond.

Construction Escrow.

(1)

The property owner or developer shall file with the Newtown 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 until construction is completed and the system is functioning to the satisfaction of 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.

(3)

The amount of the construction escrow shall be as follows:

(a)

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.

Operation and Maintenance (O&M) Fund. The Township shall require, prior to issuance of an OLDS permit for all community OLDS, a cash deposit in sufficient funds to ensure continued operation and maintenance of the system. The funds shall be of an amount to guarantee an annual return, assuming a 5% invested rate of return, equal to the estimated annual O&M expenses as determined by the Township Engineer. The O&M fund shall also include a 10% increase for the purpose of creating additional revenue for capital improvements, as may be required during the lifetime of the system. All unused annual funds shall be reinvested into the account to supplement the original fund to accommodate unusual circumstances requiring a funding source.

§ 18-305 Administration.

[Ord. 95-O-7, 9/13/1995, § 305; as amended by Ord. 97-O-6, 4/9/1997, § I(1); and by Ord. 97-O-22, 12/3/1997]

Civil Remedies.

Any person, partnership or corporation engaged in the construction of a community on-lot disposal system (OLDS) (as defined in § 302 of this Part) 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 Part. Any such activity conducted in violation of this Part or the OLDS permit is hereby declared a public nuisance.

In the event of a violation, the Newtown Township Board of Supervisors may institute suits to restrain, prevent or abate a violation of this Part. A suit may be instituted in equity or at law by the Newtown Township Board of Supervisors. Such proceedings in equity or law may be cases of emergency where, in the opinion of the court, the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the expense of such proceedings shall be recoverable from the violator in such manner as may now or hereafter be provided by law.

Penalties.

Any person, firm or corporation who shall violate any provision of this Part, or who shall fail to comply with any written notice from Newtown Township which describes a condition of noncompliance, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall 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 Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

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 Part. 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.

Appeal to Board of Supervisors of Newtown Township. Any person aggrieved by any action of the Code Enforcement Officer may appeal to the Board of Supervisors of Newtown Township within 20 days of that action.