[Ord. 216, 4/10/1990, § 1]
The purpose of this Part is to establish procedures for the
use and maintenance of holding tanks designed to receive and retain
sewage, whether from residential or commercial uses, and it is hereby
declared that the enactment of this Part is necessary for the protection,
benefit and preservation of the health, safety and welfare of the
inhabitants of this Township.
[Ord. 216, 4/10/1990, § 2]
1. Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
HOLDING TANK
A water tight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include, but are not limited
to, the following:
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CHEMICAL TOILET – Which is a toilet using chemicals that
discharge to a holding tank.
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RETENTION TANK – Which is holding tank system where sewage
is conveyed to said tank by a water carrying system.
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VAULT PIT PRIVY – Which is a holding tank system designed
to receive sewage where water under pressure is not available.
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IMPROVED PROPERTY
Any property within the Township upon which there is erected
a structure intended for continuous or habitual habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
LESSEE
Any person who has a leasehold interest in any realty within
the Township, whether the original lessee or a subtenant.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located with the Township.
PERSON
Any individual, partnership, company association, corporation
or group or entity.
SEWAGE
Any substance that contains any of the waste products or
excrement or other discharges from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, welfare or safety, or to animal or aquatic life
or to the streams and rivers, or to the use of water whether for domestic
water consumption, supply or recreation.
[Ord. 216, 4/10/1990, § 3]
Supervisors of the Township of North Fayette may adopt such
rules and regulations concerning sewage which it may deem necessary
from time to time to control the methods of holding tank sewage collection,
transportation and collection thereof; and Supervisors may adopt such
rules and regulations concerning sewage which it may deem necessary
from time to time to effect the purposes herein. Such rules and regulations
shall be adopted by Supervisors either by motion or resolution.
[Ord. 216, 4/10/1990, § 4]
All such rules and regulations adopted by the Board of Supervisors
shall be in conformity with all applicable laws and applicable rules
and regulations of administrative agencies of the Commonwealth of
Pennsylvania.
[Ord. 216, 4/10/1990, § 5; as amended by Ord. 418,
1/29/2014]
The collection and transportation of sewage from any improved
property utilizing a holding tank shall be done solely by or under
the direction and control of the Zoning Officer, and the disposal
thereof shall be made only in accordance and only at such site or
sites as may be approved and regulated by the Department of Environmental
Protection of the Commonwealth of Pennsylvania, and any other rules
and regulations applicable by any administrative agency authorized
by applicable law to enact said rules and regulations.
[Ord. 216, 4/10/1990, § 6; as amended by Ord. 259,
9/8/1992, § 1; and by Ord. 418, 1/29/2014]
1. The owner and the lessee, severally and jointly, of an improved property
that utilizes holding tanks shall:
A. Maintain the holding tank in conformance with this Part and any other
ordinance of the Township, the provisions of any applicable law, the
rules and regulations of the Township and any other administrative
agency of the Commonwealth of Pennsylvania or Allegheny County.
B. Any owner or lessee, prior to the collection, transportation and
disposal of the contents of any holding tank, shall make application
to the Zoning Officer setting forth the following:
(1)
The name of the person making such collection.
(2)
The method of collection and transportation.
(3)
The name and location of the disposal site.
C. Upon the receipt of the application, the Zoning Officer shall review
the application for compliance with any rules and regulations of the
Township or provisions of any applicable law.
D. If the Zoning Officer disapproves the application for collection
and disposal, the Zoning Officer shall by written statement, state
the objections of the Township and what provisions are necessary to
correct said application. The owner and lessee shall immediately take
steps to correct the deficiencies of the application and resubmit
a new application for collection, transport and disposal of the contents
therein.
E. The collection, transportation and disposal of the contents of any
holding tank shall be done at the cost of the owner and/or lessee
severally or jointly; provided, however, if, in the opinion of the
Zoning Officer that the owner or lessee has neglected or failed to
collect, transport and dispose of the contents of any holding tank
as may be necessary, the Zoning Officer is authorized to engage a
qualified person to collect, transport and dispose of the contents
of said holding tank. The cost of such collection, transportation,
and disposal, shall be billed to the owner and/or lessee, jointly
or severally.
F. Prior to the construction of any holding tank authorized by the Zoning
Officer pursuant to this Part, or any other applicable written law,
rules and regulations, the owner and/or lessee shall make application
for a holding tank permit together with payment of a license fee in
an amount as established, from time to time, by resolution of the
Board of Supervisors. In addition to the fee required, the owner and/or
lessee shall be required to place with the Township a performance
bond with approved security conditioned upon the faithful performance
of collection, transportation and disposal of the contents of the
holding tank and removal of said tank in such amounts as determined
by the Township Engineer. In setting the amount of the bond, the Township
Engineer shall determine the size of the holding tank in relationship
to the anticipated use as indicated by the structure or dwelling said
holding tank shall service, and shall make a calculation as to the
number of times the contents of said holding tank shall need collected,
transported and disposed within a calendar year, and the cost of removal
of said tank when no longer needed. The Township Engineer shall further
estimate the cost of the collection, transportation and disposal of
the contents therein for each annual year which shall be the principal
amount of the bond required. All said bonds with approved surety shall
be renewed annually and shall be required during the use of said tank.
The principal amount of said Bond may be increased or decreased annually
by the Engineer in accordance to the anticipated cost as determined
by the aforesaid calculations.
G. Should any owner and/or lessee neglect or fail to make collection,
transportation and disposal of the contents as required; or fails
to do so within five days from notification by the Zoning Officer,
the Zoning Officer shall take one or more of the following steps:
(1)
Arrange and contract for the collection, transportation and
disposal of the contents of said holding tank.
(2)
Issue a cease and desist order for use of the toilet and sewage
facilities which void into the said holding tanks.
(3)
Suspend and/or revoke the occupancy permit of the buildings
or structures said holding tank or tanks service.
H. Prevent any leakage of the contents of said holding tank into the
ground, any watershed or any watercourse. Upon discovery of any leakage
by any person or the Zoning Officer, the owner and/or lessee shall
immediately cease using all toilet and sewage facilities voiding into
said holding tank until repaired and within one day, collect, transport
and dispose of the contents.
I. Upon construction of sanitary sewers in the area, the owner shall
within 30 days after notice by the Township, tap-in all sewage facilities
servicing the site into the Township's sanitary sewer line and
pay any and all fees or costs connected with said tap-in. Prior service
of the realty by a holding tank shall not be construed to relieve
the realty or the owner from payment of any assessed benefits to the
realty benefitted by the construction of sanitary sewers.
J. Upon completion of the tap-in of any holding tank site into the Township's
sanitary sewer system or upon the expiration of 30 days from the date
of notice, whichever is sooner, shall collect, transport and dispose
of the contents of any holding tank, and shall remove the holding
tank from the site. In the proper case or circumstance the Zoning
Officer may give written consent to the owner and/or lessee to fill
the holding tank with sand in lieu of removal.
K. Provide the Township with a true and correct copy of an agreement
between the owner and a company certified to provide the required
annual inspection and reporting of holding tanks promulgated by PADEP
and/or Allegheny County Health Department at 25 Pa.Code, Chapter 71,
"Administration of Sewerage Facilities," § 71.63(c)(3)(ii).
Said inspection report should be prepared annually and supplied to
the Township in written form. All costs associated with the inspection
and preparation of the report shall be paid for by the owner.
[Ord. 216, 4/10/1990, § 7]
1. Prior to any installation of any holding tank or issuance of a holding
tank permit by the Zoning Officer the lessee or person making actual
installation of the holding tank shall submit, in writing, to the
Zoning Officer at least two weeks prior to the intended installation,
the following data:
A. The type of holding tank intending to be installed together with
the size and capacity of said tank.
B. The useful life of said tank.
C. A certification from the manufacturer or any other qualified person
that said tank shall not leak its content during the useful life of
said tank.
D. The method of installation and the person hired to do said installation.
However, upon review of the application by the Zoning Officer, after
consultation with the Township Engineer, the Zoning Officer shall
make a determination that the proposed tank, quantity and size, and
installation methods are consistent with the rules and regulations
of the Township regulating this matter, the rules and regulations
of the Commonwealth of Pennsylvania, the County of Allegheny or any
other governmental agencies regulating these matters. If the Zoning
Officer approves the application for installation, upon payment of
the required fee, the Zoning Officer shall issue the holding tank
permit.
2. If the Zoning Officer disapproves the tank, he shall set forth in
writing, the causes and basis for his disapproval.
[Ord. 216, 4/10/1990, § 8]
Any applicant or affected person may, within 10 days of a decision
of the Zoning Officer, appeal such decision to the Board of Supervisors
for a review. The requested review shall be conducted during a regularly
scheduled meeting. The Board of Supervisors may affirm, or reverse
or modify, the findings of the Zoning Officer. Any person adversely
effected by a decision of the Board of Supervisors may appeal to a
court of competent jurisdiction within 30 days of the date of the
decision. Provided, however, no such appeal from the decision of the
Zoning Officer or from the Board of Supervisors of the Township of
North Fayette, shall act as a stay to any decisions rendered by the
Zoning Officer or the Board of Supervisors.
[Ord. 216, 4/10/1990, § 9]
In applying the provisions of this Part, they shall be interpreted
to be the minimum requirements for the promotion of the public health,
safety and general welfare. It is not intended to interfere with,
abrogate or annul any other ordinance, rules, regulations, or permits
previously adopted or issued, except as amended hereby, or with any
other rules or regulations of any other administrative agency having
jurisdiction of this matter. Where this Part imposes greater restrictions
upon the use of holding tanks, than this Part shall control. It is
the intent of the Board of Supervisors of the Township of North Fayette
that the provisions of this Part are severable. Should any section
or provisions of this Part or subsequent amendments thereto, be declared
by the courts to be unconstitutional or invalid for any reason, such
decision shall not affect the validity of this Part as a whole or
the validity of any other section or provision of this Part other
than one so declared to be invalid.
[Ord. 216, 4/10/1990, § 9; as amended by Ord. 418,
1/29/2014]
Any person violating any of the provisions of this Part or aiding,
abetting or assisting the violation thereof, shall, upon conviction
thereof by summary of judgment, be sentenced to pay a fine of not
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.
[Ord. 216, 4/10/1990, § 10]
In addition to any other remedies provided in this Part, any
violation of this Part shall constitute a nuisance and may be abated
by either seeking appropriate equitable legal relief from a court
of competent jurisdiction, or, when the Zoning Officer, as authorized
by this Part, is required to take affirmative steps to correct the
condition by hiring contractors for the collection, transportation
and disposal of the content of said holding tank or the removal of
said holding tank, the costs incurred shall be imposed on the owner
of the property and the Solicitor of the Township is hereby authorized
to lien said property for recovery of costs and/or file action to
recover said costs from the bonding company of said owner or lessee.
In addition, the Solicitor is hereby authorized to file civil suit
in a court of competent jurisdiction to recover the costs by civil
suit.