[Ord. 96-9, 8/26/1996, § 1]
The purpose of this Part 2C is to establish Township regulations for individual spray irrigation and stream discharge type treatment systems (which shall include, but not be limited to, dry stream channel discharge and overland flow systems) consistent with the Pennsylvania Sewage Facilities Act, Act 537, 35 P.S. § 750.1 et seq., as amended. It is hereby declared that the enactment of this Part 2C is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Township.
Furthermore, this Part 2C is intended to satisfy the additional requirements imposed upon a Township in the amendments to Act 537, which require a municipality to assure compliance of such treatment systems with the regulations that establish standards for operation and maintenance of these systems.
[Ord. 96-9, 8/26/1996, § 2]
As part of any zoning and subdivision approval proposing the use of an individual spray irrigation or stream discharge type treatment system, compliance with the requirements hereinafter set forth shall be a condition of any such approval. All individual spray irrigation and stream discharge type treatment systems to be constructed in New Hanover Township shall be subject to a permit issued by the Montgomery County Health Department pursuant to the amendments to Act 537. In addition, the property owner and/or developer must execute an approved maintenance agreement with the Township in recordable form which, along with the issuance of the permit, must be memorialized in appropriate textural notes prominently set forth on the approved final subdivision and land development plan.
[Ord. 96-9, 8/26/1996, § 3]
As used herein, the following terms shall have the meanings herein described, unless otherwise provided:
- The Board of Supervisors of New Hanover Township.
- The bureau or office of the Department of Environmental Protection of the Commonwealth of Pennsylvania.
- LOCAL AGENCY
- All references to the "local agency" shall mean the Montgomery County Health Department.
- MONTGOMERY COUNTY HEALTH DEPARTMENT
- The office administering the issuance of permits and promulgating regulations governing individual spray irrigation systems and stream discharge type treatment systems in the various municipalities of Montgomery County, as authorized under the amendments to Act 537.
- SANITARY SEWAGE
- Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings, and any noxious or deleterious substance being harmful or inimical to the public health or to animal or aquatic life or to the use of water or domestic water supply or for recreation. The term sanitary sewage specifically excludes wastewaters of industrial origin.
- SPRAY IRRIGATION SYSTEM
- Any individual sanitary sewage treatment and disposal system which treats and disposes of sewage utilizing a system of piping, treatment tanks and soil renovation through spray irrigation and surface absorption or land application.
- STREAM DISCHARGE TREATMENT SYSTEM
- Any sanitary sewage treatment and disposal system which treats and disposes of sewage utilizing stream discharge.
- New Hanover Township, Montgomery County, Pennsylvania.
[Ord. 96-9, 8/26/1996, § 4]
All site developments, involving a residential structure, subdivision and land development plans utilizing an individual spray irrigation or stream discharge type treatment system hereafter installed in New Hanover Township shall not be approved within the Township unless and until the property owner and/or developer executes a maintenance agreement approved by the Township for purposes of providing security in a form acceptable to the Township sufficient to cover the costs of future operation and maintenance of the system over its design life up to a maximum of 50% for each of the first two years of operation and no more than 10% each year thereafter of the equipment and installation cost of the system, estimates for which amounts shall be submitted by the applicant for review and approval by the Township Engineers and/or the establishment of properly chartered associations, trusts or other private legal entities to manage the systems, municipal ownership of the systems, at the municipality's discretion, establishment of a sewage management agency to manage the systems or any combination of the above.
In addition, prior to plan approval, the Township shall have received the permit issued by the Montgomery County Health Department for the construction and use of the individual spray irrigation system or stream discharge type treatment system and shall have received any and all escrows required by the approved maintenance agreement.
[Ord. 96-9, 8/26/1996, § 5]
All fees for the Township's review, approval, inspection and maintenance, in the event that applicant fails to perform the same after notice issued by Township, of an individual spray irrigation or stream discharge type treatment system shall be established and set forth in the maintenance agreement approved by the Township, the contents of which are incorporated herein by reference and shall be borne by the applicant as his sole cost and expenses.
[Ord. 96-9, 8/26/1996, § 6]
All site development subdivision and land development plans utilizing a spray irrigation or stream discharge type treatment system within New Hanover Township shall be reviewed to determine compatibility with the intent and requirements of the New Hanover Township Comprehensive Plan, Chapter 22, Subdivision and Land Development, Chapter 27, Zoning, Chapter 5, Code Enforcement, adopted in New Hanover Township, and the rules and regulations of the Montgomery County Health Department. All such plans shall be reviewed as may be necessary and otherwise required by the following boards and/or bodies:
New Hanover Township Code Enforcement Officer.
New Hanover Township Engineer.
Montgomery County Planning Commission.
New Hanover Township Planning Commission.
Montgomery County Health Department.
New Hanover Township Sewer Advisory Board or Municipal Authority.
New Hanover Township Board of Supervisors.
[Ord. 96-9, 8/26/1996, § 7; as amended by Ord. 97-7, 10/13/1997, § 18-707]
Once it has been determined by the certified sewage enforcement officer for the Montgomery County Health Department that the site, sewer conditions and system design meet the standards established by the Montgomery County Health Department for such systems and the applicant has submitted documentation to the Montgomery County Health Department reflecting that the proposed use of the individual spray irrigation system or stream discharge type treatment system will not adversely impact existing and proposed drinking water supplies and will not create a nuisance or public health hazard, the Montgomery County Health Department may issue a permit for the construction of such individual spray irrigation system or stream discharge type treatment system.
[Ord. 96-9, 8/26/1996, § 8]
The New Hanover Township Board of Supervisors reserves the right to amend these regulations by resolution or ordinance as may be appropriate from time to time and as is deemed necessary and proper.