Township of East Fallowfield, PA
Chester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 18A-101 Prohibited Land Use.

[Ord. 97-1, 8/13/1997, § 1]
No person, firm, corporation, or other entity shall construct, repair, or enlarge any septic system, cesspool, seepage pit, or other similar receptacle for human excrement or waste within the Township of East Fallowfield, Chester County, Pennsylvania, or permit the construction, repair, or enlargement thereof on land or property owned, controlled or leased by such person or entity, located within East Fallowfield Township, unless approval is obtained from and a permit issued by the Chester County Department of Health.

§ 18A-102 Definitions.

[Ord. 97-1, 8/13/1997, § 2]
For the purposes of this Part, the term "repair" shall not include routine maintenance of the septic system, cesspool, seepage pit, or other similar sewage disposal system. Instead, the term "repair" shall include the fixing or replacement of any significant component of any such system.

§ 18A-103 Abandonment and Disuse of Existing On-Lot Sewage Disposal Systems.

[Ord. 97-1, 8/13/1997, § 3]
1. 
Upon abandonment of any existing septic system, cesspool, seepage pit, or similar on-lot sewage disposal system, the owner of the land on which said system is located shall cause the following to occur:
A. 
The existing septic system, cesspool, and/or seepage pit must be pumped out and emptied and cleaned by a waste hauler approved by the Chester County Department of Health.
B. 
The tops of old steel and masonry tanks shall be removed and/or collapsed.
C. 
The tank voids shall be backfilled with material approved by the Chester County Health Department, and compacted.
D. 
All piping related to the abandoned septic tank, cesspool, seepage pit, or other on-lot sewage disposal system shall be removed and/or capped.
E. 
All work performed, as required above, must be inspected and approved by the East Fallowfield Township Zoning Officer, Codes Enforcement Office, Building Inspector, or other individual (including a staff member of the Chester County Department of Health) approved for such purposes by East Fallowfield Township. For the purposes of this Part, any staff member of the Chester County Department of Health, or private contractor approved by the Chester County Department of Health, is also approved by East Fallowfield Township.

§ 18A-104 Inspection Fee.

[Ord. 97-1, 8/13/1997, § 4; as amended by Ord. 2010-01, 3/23/2010]
In the event that an inspection is required by an individual staff member or person contracted by or through East Fallowfield Township, a separate inspection fee in the amount as established, from time to time, by resolution of the Board of Supervisors must be paid to East Fallowfield Township. Any failure to submit the required fee may result in the withholding of the issuance of a certificate of use and occupancy, and additional penalties specified herein.

§ 18A-105 Penalties and Violations.

[Ord. 97-1, 8/13/1997, § 5; as amended by Ord. 2010-01, 3/23/2010]
Any person who violates or permits the violation of any provision of this Part or fails to comply with any of the requirements imposed by this Part shall, in addition to any other remedy available at law or in equity, be sentenced to pay a fine of not less than $25 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.

§ 18A-201 Recitals.

[Ord. 1990-91, 11/7/1990, Art. I]
1. 
East Fallowfield Township is a Township of the Second Class, essentially rural in character, and is facing present and prospective development pressures.
2. 
Where intensive residential and commercial development may occur, prudent sewage facilities planning mandates sewage facilities other than individual on-lot systems to meet sewage demands generated by such development.
3. 
East Fallowfield Township does not have population or population density nor the demand sufficient to support the installation and operation of a Township-wide public sewage systems, and the undertaking of such a project would be contrary to the best interests of the Township.
4. 
In order to meet the needs of the intensive development within the Township where individual on-lot systems will not be adequate for such purposes, community sewage systems may be required.
5. 
The Department of Environmental Protection (DEP) has now indicated its insistence that the Municipality serve as applicant or co-applicant in all applications for community sewage treatment facilities and in the processing of revisions to the Township's 537 Sewage Facilities Plan, consistent therewith.
6. 
The Township of East Fallowfield has determined that it is not under any legal obligation to serve as applicant or co-applicant, where in its reasonable judgment such facility is not sufficiently designed or will not be sufficiently operated and maintained or adequately funded to assure that it will not result in a charge or liability upon the Township and its residents.
7. 
Therefore, in order to induce East Fallowfield Township to serve as applicant or co-applicant for any such sewage facilities approval, East Fallowfield Township does hereby adopt the standards set forth herein as constituting the minimum standards which must be met in order to induce the Township to execute, process or cooperate in such application.
8. 
Anything herein contained to the contrary, notwithstanding, however, the standards set forth herein shall be deemed minimum standards only and the compliance therewith shall not per se constitute an obligation on the part of East Fallowfield Township to serve as applicant or co-applicant or to support any application where, by reason of circumstances related to the proposed facility, the acquiescence by the Township and support of such application is not in the public interest.

§ 18A-202 Definitions.

[Ord. 1990-91, 11/7/1990, Art. II]
Except where herein otherwise defined or where the context of this Part clearly otherwise requires, the definitions set forth in 25 Pa. Code, §§ 71.1, 72.1, and 73.1, are adopted herein by reference as fully as though set forth at length.
APPLICANT
A landowner, legal or equitable who has filed or desires to file an application for approval of a community sewage system to render service to lands of the applicant or in which the applicant has a cognizable legal per interest and standing to file an application. The term "applicant" shall not be construed to include the Township for the purposes of § 18A-206 of this Part. The term "applicant," however, shall for the purposes of § 18A-205 include the developer so long as the developer remains the applicant or co-applicant of a pending application or the licensee of any permit granted. Thereafter, upon transfer to a homeowners association, the term "applicant" shall include the homeowners association and each officer and/or director thereof and any licensed sewage treatment plant operator under current contract for the operation and maintenance of the CTADS.
BOARD
The Board of Supervisors of East Fallowfield Township, Chester County, Pennsylvania.
CCHD
The Chester County Health Department.
COUNTY
The County of Chester.
CTADS
A community sewage treatment and disposal system.
TOWNSHIP
East Fallowfield Township, Chester County, Pennsylvania.

§ 18A-203 Standards for Sewage Facilities Applications and Facilities Plan Revisions.

[Ord. 1990-91, 11/7/1990, Art. III]
1. 
East Fallowfield Township shall not sign any application as applicant or co-applicant unless each, all and every regulation and standard set forth in this section, which relates to that application, have been strictly complied with.
2. 
The regulations and standards set forth in this section constitute the minimum standards and nothing herein contained shall preclude the Township from imposing additional standards appropriate to the type and location of the proposed facility. In particular, without limiting the generality of the foregoing, Township shall not be obligated to execute an application merely because the facility complies with the minimum standards of the Department of Environmental Protection, where the Township or its Engineer are of the opinion that further safeguards are required to preserve the integrity of the facility and avoid financial jeopardy to the Township by reason of its status as licensee or co-licensee.
3. 
The Township shall not execute as applicant or co-applicant any sewage facilities permit application unless the Township Engineer and such other consultants as the Township may deem appropriate has certified to the Township each of the following which the Board of Supervisors deems relevant to that application:
A. 
That the facility design, if properly installed, will function in a manner that the effluent discharged therefrom will meet all parameters, conditions, and limitations set forth in the permit to be granted.
B. 
That the facility to be installed, if properly installed and maintained, will function in a trouble-free manner and that the system has a demonstrated history of reliability and ease of operation.
C. 
That the facility to be installed has a demonstrated energy efficient record and can be operated economically.
D. 
That the cost of the maintenance and operation of the same, including reasonable reserve, will yield an equivalent dwelling unit charge that is reasonable and that the system is, therefore, feasible to fund and operate.
E. 
That the replacement parts therefor are readily available on the open market within reasonable time and at reasonable cost.
F. 
That, during construction of incremental dwelling units in the process of orderly development of the project, the system, once placed in service, will operate efficiently and within permitted parameters even though volumes being treated are substantially below the design level.
G. 
That the manufacturer of the facility has a demonstrated record of financial responsibility recognizing and honoring warranty obligations and maintenance of adequate replacement parts inventory.
4. 
When the Board of Supervisors and its Engineer are satisfied that all of the safeguards deemed reasonable, necessary and appropriate to the application are assured to the Township, the Township may, but shall not be obligated, to adopt a revision to the Township's Sewage Facilities Plan consistent with the proposed CTADS and shall execute the necessary and appropriate applications as applicant or co-applicant as so requested for the necessary NPDES and sewage facilities permits, and for such other applications or approvals, when complete and appropriate, as are necessary to permit the construction, maintenance and operation of the facilities proposed.
5. 
The Township shall thereafter cooperate in all matters relevant to the processing of each application as filed. Provided, however, that all costs, liabilities and obligations appurtenant or related thereto shall be assumed by the developer and the Township shall be guaranteed by developer against all costs, liabilities, and obligations relating thereto, including, but not limited to, the engineering and legal costs and costs of such other technical consultants as may be required by the Township to review and process the application filed and any agreed revisions or modifications thereto. In limitation of the provisions of this section, nothing herein contained shall be construed to create or limit or abrogate any obligation of indemnification of the Township Engineer, except as otherwise may arise by law or contract. The Township shall require such security as it deems necessary or appropriate to guarantee performance by the developer of developer's obligation and holding the Township harmless of and from any costs, expenses or liabilities of every nature and description whatsoever. The security shall be in such form as is authorized by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., for guarantee of subdivision and land development obligations.
6. 
Nothing herein contained shall be construed to obligate the Township to approve any modifications or revisions to the applications filed without the approval of the Township, which approval, with regard to revisions required by DEP, shall not be Unreasonably withheld, and both the developer and the Township shall be entitled, subject to the aforesaid limitation, to insist upon the processing of the application, as filed, unless the developer and Township in their sole unfettered discretion agree to the contrary.
7. 
The developer applicant shall at all times deliver to the Township, with copies to the Township Engineer and counsel, all plans, studies, and documents prepared with reference to the prosecution of the application and the design of the facility, and shall at all times, by periodic reports at such times as may be directed by the Township, keep the Township and its consultants fully informed of all matters relating to the application and the processing thereof. This requirement shall be deemed of the highest degree mandatory and the failure to comply therewith shall be a sufficient reason for the Township to withdraw any applications pending.
8. 
It shall be incumbent upon the applicant developer to furnish to the Township, and its consultants, all plans, specifications, reports, studies, details, and reviews as may be necessary or appropriate to assist the Township and its consultants in evaluating any proposed CTADS.
9. 
The Township may from time to time promulgate, repeal, supplement, or modify standards for construction of sanitary sewage facilities and it shall be incumbent upon all applicants to demonstrate compliance with all then current standards.

§ 18A-204 Construction.

[Ord. 1990-91, 11/7/1990, Art. IV]
1. 
The developer shall post financial security in an amount sufficient to guarantee the construction and completion of all sewage facilities including, but not limited to, the preparation of shop drawings and as-built plans and the tender of continuing offer of dedication and the furnishing of title insurance satisfactory in form, substance, and amount to the Township and its consultants. The form of guarantee, the documentation thereof, and the financial institution guaranteeing performance shall all be in form and content satisfactory to the Township and its consultants, and shall be consistent with the mandates for filing of financial security for performance as set forth in Article V of the Municipalities Planning Code, 53 P.S. § 10501 et seq. No such approvals shall be unreasonably withheld.
2. 
On the filing of financial security and the recording of relevant subdivision, land development or planned residential development plans, as the case may be, and receipt of all required unappealable permits required, the applicant shall promptly commence and diligently pursue the construction and installation of the CTADS in strict compliance with the plans and specifications approved and the terms and conditions of each, all and every applicable permit, agreement, ordinance, rule, regulation, or other relevant requirement by any governmental office, agency, authority, or board having jurisdiction there over including, but not limited to, the Township.
3. 
The Township, by and through its engineers, shall inspect all phases of the construction and installation of the CTADS during the construction phase, and the developer shall not cover any part of the installation until the same has been approved by the inspecting Township engineers and consultants. In particular, without limitation of the foregoing, no concrete shall be poured unless and until the same has been inspected and approved by the inspecting engineers of the Township.
4. 
Except for testing, the CTADS shall not be placed in service nor shall any lot or unit within the subdivision, land development, or PAD to be served by said system be conveyed to a user or placed in service until all of the requirements set forth in § 18A-205 hereof have been complied with and the consultants of the Township and the representatives of the Department of Environmental Protection have fully approved and permitted the use thereof.

§ 18A-205 Fiscal Affairs and Financial Security.

[Ord. 1990-91, 11/7/1990, Art. V]
1. 
Initial Pro Forma Budget. At the time of application for the initial building permit in the development and as a condition precedent to the issuance thereof, the applicant shall submit to the Township a pro forma budget based upon costs, assuming the following conditions as true.
A. 
Eighty percent of the dwelling units within the development are built, occupied, and connected to the sanitary sewage collection, treatment, and disposal system.
B. 
An estimate based upon best available data of the projected electrical, chemical, utility, maintenance, and service costs prepared by the professional engineer who prepared the sewage facility designs and applications and reviewed and approved by the Township Engineer.
C. 
A proposed form of contract acceptable to a licensed sewage treatment operator satisfactory to Township agreeing to assume and perform the management, maintenance, and operation of the sewage treatment facilities for a period of one year for a cost or compensation stated therein acceptable to developer.
D. 
The estimated costs of billing and administration.
E. 
The estimated costs of repair and replacement of equipment during the next succeeding fiscal year.
F. 
An annual contribution to a reserve for depreciation funded by a sinking fund, which reserve shall be based on the estimated useful life of the treatment and disposal facility in accordance with generally accepted accounting principles consistently applied, which schedule of depreciation shall be subject to review and approval by the Township.
G. 
In computing the estimated costs of maintenance, repair, and replacement of parts and equipment, the developer may take into account, to the extent relevant, any then valid warranties of third parties.
H. 
The premiums of all insurance required in Subsection 8 of this section.
2. 
Sewer Rents and Charges. After deduction from the total operating budget of all other identified sources of income or revenues, the applicant shall then divide the balance remaining of the operating budget expenses by the number of dwelling units or other units of use then authorized to connect thereto to determine the annual equivalent dwelling unit (EDU) sewer rental charge, which may be adjusted by the applicant from time to time to address additional units connecting thereto. Nothing herein contained shall preclude the applicant from charging additional amounts nor from charging lesser amounts, provided (A) any subsidy or other revenue is fully disclosed; and (B) payment of all operating expenses and other budgetary items are fully provided for.
3. 
Financial Security Against Operating Loss. The applicant shall post with the Township financial security of a type described in § 509(c) and (b) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10509(a) and (b), in form and content satisfactory to the Township in an amount equal to 110% of the operating budget less the amount in the reserve established under Subsection 7 of this section at the commencement of the fiscal year.
4. 
Annually, 30 days prior to the expiration of the then current fiscal year, the developer shall update the operating budget and shall renew for the then succeeding fiscal year the financial security posted. Such financial security shall be reduced by the rentals chargeable to units connected to the sewer plant and subject to payment of sewer rents and shall increase the financial security by the amount of any delinquencies in sewer rent collection. The reduction for any rental charge for a connected unit shall be the lesser of (A) the actual then existing per unit sewer rental charge; or (B) the number obtained by dividing the then existing total operating budget by a number equal to 80% of the dwelling units approved for the development (the "maximum unit rental charge reduction").
5. 
All sources of revenue, other than sewer rentals, used in the computation of the annual sewer rental shall be fully disclosed as to source, term, cause, and amount to the Township, owners of units and to all prospective buyers. The annual sewer rentals may be adjusted as of right from time to time to reflect units connected to the system.
6. 
The guarantee against operating losses shall continue for a period of five years or acceptance of dedication by the Township or until 80% of the dwelling units approved in the plan of development have been lawfully occupied and are subject to the annual sewer rental to charges, whichever first occurs, at which time, except for pending claims, the warranty to save harmless from operating losses and security posted therefor shall cease and determine.
7. 
Reserve for Guarantee of Sewer and Water Maintenance and Operation Contracts.
A. 
At the time of conveyance of each completed dwelling unit to an initial purchaser or at the time of issuance of a certificate of occupancy for the benefit of developer, if the dwelling unit is not to be conveyed to an initial purchaser, there shall be deposited in a sewer reserve escrow account an amount equal to 110% of the estimated annual cost of sewer maintenance operation contract, referred to in Subsection 1C above, times a fraction, the numerator of which shall be one and the denominator of which shall be the number of dwelling units approved in the proposed development. Annually, as the contracts for the next succeeding year are presented to the Township, the cost of such services shall be reviewed and, if the balance of the escrow account, including the interest accrued thereon, is less than the cost of said service, each unit shall be assessed an amount established by the Township as necessary to increase such balance to 110% of the annual cost of the sewer operation contract with the licensed sewer plant operator, times a fraction the numerator of which shall be the total number of units for which a reserve contribution has been made to that date and the denominator shall be the number of dwelling units approved in the proposed development. All interest shall be retained in the reserve escrow account. The funds shall be used for and only for the purposes set forth in paragraph .B hereof and for no other purpose whatsoever. Once the escrow has been fully funded and so long thereafter as it remains fully funded, interest earned thereon may be released and transferred to the general sewer operating account.
B. 
Until acceptance of dedication of the CTADS, the association and the owners of dwelling units within the community shall be under an absolute and unimpeachable obligation to maintain in full force and effect at all times contracts with professional licensed sewer plant operators satisfactory to the Township to maintain and operate the sewer system in strict conformity to all applicable laws, rules, regulations, approvals, licenses, and agreements issued by the Pennsylvania Department of Environmental Protection, the Chester County Department of Health, the Township and every other entity or agency having jurisdiction with respect thereto. At the time of submission to the Township of the proposed budget, as required in Subsection 1 of this section, the association shall submit to the Township fully executed copies of the sewer maintenance and operation contracts and proof of payment of any sums required to have been paid and proof of adequate reserves and funding for all obligations undertaken by the association in said contract. The form and content of the contract, as well as the identity of the operator, shall be satisfactory to the Township in its sole discretion and reasonably exercised. If the association fails to comply in a timely manner with the provisions of this paragraph or if the operator or association defaults in its or their obligations under the said contract, the Township may, but shall not be obligated to, contract for such services in the name of and as authorized agent for the association, using any commercially reasonable means of procuring such service and without the necessity for public bids. Such action shall be deemed for all purposes the action of the association through the Township as agent and not a contract with the Township. The authority hereby granted shall be an agency coupled with an interest and may not be revoked. The Township shall pay any costs incurred or obligated under such contract for service procured by the Township from the reserve escrow created, pursuant to paragraph .A above, and may lien all dwelling units served by such sewer facilities to reimburse the reserve escrow fund.
C. 
The authority or power granted under this section to the Township may be assigned at any time and from time to time or exercised concurrently by both the Township or its assignee or consecutively by either. All remedies are in addition to and not exclusive of other remedies available by law, ordinance, rule, regulation, contract or condition of permit or approval, and all remedies, however arising, may be exercised cumulatively or consecutively and the election of one shall not be deemed an exclusion of the other.
8. 
Insurance. Until acceptance of dedication by Township, developer and, upon conveyance to the homeowners association, the homeowners association shall maintain the following policies of insurance with noncontributory carriers authorized to do business in the Commonwealth of Pennsylvania with a Best rating of B or better and acceptable to the Township:
A. 
Fire and extended coverage insurance to the full insurable value.
B. 
Liability insurance in the amount of $500,000 for each claim; $1,000,000 for each occurrence; and $500,000 for property damage.
C. 
Builders' risk insurance in the full replacement amount.
D. 
Workmen's compensation insurance or a certificate of the contracted sewer plant operators that the said operator carries such insurance and the same is in full force and effect.
E. 
Such other policies of insurance as may be reasonably required by the Township. All such policies shall name the Township as coinsured and the Township shall be loss payee for all first party claims. The policies shall further contain a provision that the same shall not be canceled for nonpayment of premium or otherwise without first giving notice to the Township 30 days prior to cancellation.

§ 18A-206 Miscellaneous Provisions.

[Ord. 1990-91, 11/7/1990, Art. VI; as amended by Ord. 2010-01, 3/23/2010]
1. 
During all times prior to acceptance of dedication to the Township, the CTADS shall be maintained free and clear of all liens and encumbrances of any nature or description whatsoever and the title to the CTADS shall at all times be good and marketable and insurable as such.
2. 
The developer and the homeowners association shall at all times maintain unto the Township an unconditional and perpetual offer of dedication of the collection system and CTADS, together with all necessary or convenient rights-of-way, easements and licenses for the maintenance, use, repair, and replacement thereof, to the Township, assignable to another governmental body as it may so elect, which either may be entitled to accept at any time and from time to time, in whole or in part. At the time of acceptance of dedication, the developer and/or homeowners association shall deliver to the Township a policy of title insurance in the full value thereof, free and clear of all liens and encumbrances and insuring good and marketable title, all at the cost and expense of the developer or homeowners association.
3. 
If, upon application to the Board of Supervisors, the Board determines both of the following:
A. 
That with the granting of such waiver the spirit and intent of the Part and the protection afforded thereby will be retained.
B. 
That the waiver or mitigation order, if granted, will not be contrary to the public interest; then, upon such findings, the Board may grant such relief by way of waiver or mitigation order as it deems appropriate in order to effectuate the spirit and intent of this Part to protect the public interest. In granting such waiver or mitigation order, the Board may attach appropriate conditions. The Board may, but shall not be obligated to, hold a public hearing on any such request. This provision is intended to be discretionary with the Board of Supervisors and shall be challengeable only for an abuse of discretion or error at law.
4. 
Any applicant who or which shall violation any provision of this Part or any permit or license issued by East Fallowfield Township or agreement entered into with East Fallowfield Township with reference to the CTADS shall be guilty of a summary offense and, 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, shall 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, in the Chester County Prison Farm, 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.
5. 
In addition to any other remedy at law or in equity herein provided or by law otherwise arising upon a finding by the Board of Supervisors of East Fallowfield Township of a continuing or willful violation by any applicant, the Board may institute appropriate proceedings in equity in the Court of Common Pleas of Chester County or administrative proceedings before any state or county agency or board having jurisdiction there over to compel compliance by applicant and abate any violation of this Part or any agreement, license or permit entered into or issued with respect to the CTADS. The payment of fines or awarding of damages shall not be deemed an adequate remedy to protect the public health, safety, and welfare. Therefore, all agreements shall be deemed specifically enforceable in a court of equity.
6. 
In the event the applicant shall default in the maintenance of the CTADS or in the performance of its obligations under this Part or under the obligations of any agreement entered into whereby East Fallowfield Township becomes co-applicant or the relevant portions of any declaration filed or condition of approval relevant to the CTADS, the Board of Supervisors of East Fallowfield Township may invoke a procedure as outlined in § 705(f)(2), (3), (4), (5), and (6) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10705(f)(2), (3), (4), (5), and (6).
7. 
The Board of Supervisors, in enacting this Part, rely for its authority so to do upon the several provisions of (A) the Second Class Township Code, 53 P.S. § 65101 et seq.; (B) the Municipalities Planning Code of Pennsylvania, 53 P.S. § 10101 et seq.; and (C) all other acts and authorities passed by the Commonwealth of Pennsylvania related thereto. The procedure cited in Subsection 5 of this Part for enforcement of maintenance requirements is intended to establish a comparable means of such enforcement and is not intended to be limited in its application to instances where the CTADS is a part of a planned residential development. On the contrary, the adoption of these provisions are merely intended as an incorporation herein by reference of a procedural enforcement mechanism and such actions shall be deemed to be administrative procedures under the Local Agency Law, 2 Pa.C.S.A. § 501 et seq., of the Commonwealth of Pennsylvania.
8. 
This Part shall take effect immediately upon enactment and shall apply to each, all and every CTADS application, permit, or license or application therefor now pending or hereafter issued.
9. 
The provisions of this Part are deemed severable and, if any provision is deemed illegal or unenforceable by any court of competent jurisdiction, it is the intent of this Part that the same shall be applied as if this section had not been a part of this Part ab initio and the remaining portion shall remain in full force and effect.