[Ord. 31, 1/2/1968, § 1]
This Part shall be known and may be cited as the "Ferguson Township
Ordinance Implementing Pennsylvania Sewage Facilities Act."
[Ord. 31, 1/2/1968, § 2]
The definitions as set forth in § 2 of the Pennsylvania
Sewage Facilities Act, being the Act of January 24, 1966, P.L. 1535,
are incorporated herein by reference. In addition to the definitions
as set forth in the Act, the following words and phrases shall have
the meaning ascribed to them in this section unless the context clearly
indicates otherwise:
The Pennsylvania Sewage Facilities Act, the Act of January
24, 1966, P.L. 1535, as amended.
Ferguson Township, Centre County, Pennsylvania.
The Township of Ferguson, Centre County, Pennsylvania.
[Ord. 31, 1/2/1968, § 3; as amended by Ord. 82,
4/13/1976, §§ 1-2; by Ord. 289, 2/12/1985, §§ 1-2;
and by Ord. 660, 11/18/1996, § 1; as amended by Ord. 820,
12/8/2003]
1.
In accordance with § 7 of the Act, no person shall install
an individual or community sewage disposal system or construct any
building in which an individual or community sewage disposal system
is to be installed within the Township, without first obtaining a
permit indicating that the site and the plans and specifications of
such system are in compliance with the provisions of this Part, the
Act and the standards, rules and regulations adopted by the Commonwealth
of Pennsylvania, Department of Environmental Protection, Pennsylvania
Code, Title 25, Chapters 71 and 73, as amended. No permit shall be
required in those cases where a permit from the Sanitary Water Board
or the Secretary of the Department of Environmental Protection has
been obtained, or where the Department determines that such permit
is not necessary for the protection of the public health. Notwithstanding
the foregoing, all persons shall be required to comply with the provisions
of the Act and the rules and regulations in connection with making
application for and securing a proper permit for the installation
of any on-lot sewage disposal system as provided for under the Act,
or under the rules and regulations, regardless of the size of the
tract of land upon which said person desires to construct such system.
2.
Applications for a permit shall be in writing to the Secretary of
the Township, or authorized agent, and shall be made on a formal application
blank which shall be furnished by the Secretary or authorized agent
of the Township and each application shall include such data as shall
be prescribed by the technical standards adopted by the Commonwealth
of Pennsylvania, Department of Environmental Protection.
3.
Issuance of permits shall be in accordance with § 7 of the Act and all of the provisions of § 7 of the Act are incorporated herein by reference except as provided in Subsection 1 above.
4.
If a structure associated with an on-lot sewage disposal system is
unused for a period of one-calendar year or greater, a permit must
be obtained from the Township's Sewage Enforcement Officer before
any structure associated with said system may be reoccupied.
5.
Upon receipt of a completed application, the Township Sewage Enforcement
Officer shall complete any necessary soil testing within 20 calendar
days. The following days shall not be counted in this twenty-day time
frame:
A.
Days when the Township Sewage Enforcement Officer determines that
the air temperature is below 40° F.
B.
Days when the Township Sewage Enforcement Officer makes a determination
that adverse or inclement weather will not allow proper testing to
occur.
C.
Days when the Township Sewage Enforcement Officer determines that
saturated or frozen soil will adversely impact testing.
D.
Weekends and official holidays recognized by the Township's
Sewage Enforcement Officer.
[Ord. 31, 1/2/1968, § 4; as amended by Ord. 82,
4/13/1976, § 1; as amended by Ord. 820, 12/8/2003]
Inspections of applications and the site and the installation
itself shall be in accordance with the provisions of § 7
of the Act. The Township Supervisors shall from time to time designate
and appoint an inspector who shall carry out the inspections in accordance
with this Part, with § 7 of the Act and also with the rules
and regulations of the Commonwealth of Pennsylvania, Department of
Environmental Protection, which are incorporated herein.
[Ord. 31, 1/2/1968, § 5; as amended by Ord. 82,
4/13/1976, § 3; as amended by Ord. 820, 12/8/2003]
This Township hereby enacts and ordains, and adopts as part
of this Part, the Rules and Regulations of the Commonwealth of Pennsylvania,
Department of Environmental Protection, Pennsylvania Code, Title 25,
Chapters 71 and 73, as amended. All such rules, regulations and standards
are incorporated in this Part by reference. Copies of these regulations
shall be supplied with the application for a permit.
[Ord. 31, 1/2/1968, § 6; as amended by Ord. 82,
4/13/1976, §§ 1, 4; and by Ord. 820, 12/8/2003]
1.
Permit Fees. The applicant shall pay a fee in an amount as established
from time to time by resolution of the Board of Supervisors to be
set by resolution of the Board of Supervisors, which fee shall be
made payable to the Township and shall cover the ordinary administration
of this Part, including inspection of the premises required for permit
issuance by the inspector.
2.
Additional Inspections and Tests. In the event the Township deems
it necessary to make additional inspections or to make additional
percolation tests or any other tests as required to be made by the
applicant under the Act and the regulations of the Department of Environmental
Protection, the applicant shall pay to the Township the actual cost
of such additional inspections or such percolation tests or other
tests made by the Township, which shall be paid to the Township prior
to the issuance of the permit.
[Ord. 31, 1/2/1968; as added by Ord. 566, 11/15/1993, § 1;
as amended by Ord. 776, 7/2/2001, § 1; and by Ord. 820,
12/8/2003]
1.
In addition to the standards presented in Chapter 73, as amended,
of the Department of Environmental Protection rules and regulations,
the following provisions shall apply in Ferguson Township. In the
event of a conflict between the provisions hereinafter presented and
standards within Chapter 73, the more stringent standard will apply,
as determined by the Sewage Enforcement Officer.
2.
Dual Absorption Areas. Individual on-lot sewage system permits will
be issued only if two acceptable absorption areas are identified on
the lot for which the permit is requested. Each area must be of sufficient
size to handle the entire effluent loading of the proposed and anticipated
use of the lot. Both areas must be staked out during residence construction
to assure their integrity. Destruction of one of the absorption areas
during construction will result in revocation of the building permit
unless a replacement area is found. Furthermore, all deeds must carry
a restrictive covenant assuring the alternate bed area is identified
and protected from subsequent construction activity.
A.
Two acceptable absorption areas for each lot must be shown and evidenced on all subdivision plans. This general rule is subject to the following exception. The Board of Supervisors may grant a waiver of the requirements for the subdivision of land for all or a portion of the subdivision that is: (1) offered for dedication; (2) land owned in fee and designated as public open space; (3) public parkland; or (4) land owned by a municipal authority where no facilities are planned that would generate the need for septic or sanitary sewer service. In any case where the waiver is granted by the Board of Supervisors, a note shall be placed on the plan stating as follows: "Any change in use that would generate sewage shall require compliance with the testing and permitting requirements of Chapter 18.
B.
At the option of the lot owner, the dual absorption area requirement
may be met by installing all required piping in both absorption areas
at the same time. In those cases, valves shall be installed in the
effluent piping from the septic tank to control the flow so that only
one area is in use at a time.
C.
Only one acceptable absorption area is required on lots which are
existing of record as of November 15, 1993.
[Ord. 31, 1/2/1968, § 7; as amended by Ord. 566,
11/15/1993, § 2]
In accordance with § 11 of the Act, the Township shall
have the power to institute in the Court of Common Pleas of Centre
County, Pennsylvania, proceedings in law or in equity to restrain
any and all violations of § 7 of the Act and the provisions
of this Part. Such proceedings shall be instituted in the name of
the Township of Ferguson.
[Ord. 31, 1/2/1968, § 8; as amended by Ord. 566,
11/15/1993, §§ 3, 4]
The Supervisors of Ferguson Township shall have the authority
to waive compliance with this Part in those areas where a sanitary
sewer system will be in operation within 18 months of the enactment
of this Part. However, during the time before the sanitary sewer system
is in operation, the property owner must have on the premises a sanitary
sewer system which meets the specifications of the Township Sewage
Enforcement Officer.
[Ord. 31, 1/2/1968, § 9; as amended by Ord. 82,
4/13/1976, § 5; by Ord. 374, 1/10/1989; and by Ord. 566,
11/15/1993, § 5; and by Ord. 820, 12/8/2003]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in a proceeding commenced before
a district justice pursuant to the Pennsylvania Rules of Criminal
Procedures, shall be sentenced to 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 shall constitute a separate
offense.
