[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.
[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.
[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.
[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.
[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.
[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.
[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.
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.
The Board of Supervisors of East Fallowfield Township, Chester
County, Pennsylvania.
The Chester County Health Department.
The County of Chester.
A community sewage treatment and disposal system.
East Fallowfield Township, Chester County, Pennsylvania.
[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.
[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.
[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.
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.
[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.
