[Ord. 2014-7, 6/17/2014, § I]
1. 
This part shall be known and may be known as "an ordinance providing for the On-Lot Sewage Management Program for Solebury Township."
2. 
As mandated by the municipal codes, the Clean Streams Law (35 P.S. §§ 691.1 — 691.1001), and the Pennsylvania Sewage Facilities Act (Act of January 24, 1966, P.L. 1535 as amended, 35 P.S. § 750.1 et seq., known as Act 537), municipalities have the power and the duty to provide for adequate sewage treatment facilities and for the protection of the public health by preventing the discharge of untreated or inadequately treated sewage. The Official Sewage Facilities Plan for Solebury Township indicates that a sewage management program will be implemented to effectively prevent and abate water pollution and hazards to the public health caused by improper treatment and disposal of sewage, which is also in accordance with the resource protection goals of Solebury Township's Comprehensive Plan.
3. 
The purpose of this part is to provide for the regulation, inspection, operation, maintenance and rehabilitation of on-lot sewage disposal systems; to further permit the Township to intervene in situations which may constitute a public nuisance or hazard to the public health; and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program.
[Ord. 2014-7, 6/17/2014, § II]
ABSORPTION AREA
A component of an individual or community sewage system where liquid from a treatment tank seeps into the soil, and which consists of an aggregate-filled area containing piping for the distribution of liquid and the soil or sand/soil combination located beneath the aggregate.
ACT
The Pennsylvania Sewage Facilities Act, Act of January 24, 1966, (1965 P.L. 1535, No. 537), as amended, 35 P.S. § 750.1 et seq., and which is also referred to as Act 537.
AGGREGATE
Coarse material manufactured from stone, gravel or slag, having Type B characteristics as described in the Department of Transportation specifications, Form 408, section 703.3, Table B and uniform size and grading equivalent to American Association of State Highway and Transportation Officials No. 57, as described in Form 408, section 703.3, 2 Table C.
ALTERNATE SEWAGE SYSTEM
A demonstrated method for the treatment and disposal of sewage that meet the criteria in 25 Pa. Code § 73.72, and as described in the Alternate Systems Guidance published by DEP. Examples include, but are not limited, to composting toilets, sand filter and peat-based systems, gray-water systems and drip irrigation systems.
AUTHORIZED AGENT
A certified sewage enforcement officer, professional engineer or sanitarian, Plumbing Inspector, soils scientist or any other qualified or licensed provisions of this part.
BOARD
The Board of Supervisors of Solebury Township.
BUILDING CODE OFFICIAL
An individual or third party employed by the Township responsible for administering and enforcing Building Code inspections and permitting under the Uniform Commercial Code and Township ordinances.
[Added by Ord. No. 2021-008, 10/19/2021]
BUILDING SEWER
The piping carrying liquid wastes from a building to the treatment tank or holding tank.
CESSPOOL
A covered pit with open jointed lining which receives sewage or other organic wastes directly from a building drain or building sewer and which retains and allows liquid waste to pass through the bottom and sides of the pit. This is an antiquated sewage system that predates DEP standards at 25 Pa. Code § 73.[1]
COMMUNITY ON-LOT SEWAGE SYSTEM
A community sewage system, which uses a system of piping, tanks or other facilities for collecting, treating or disposing of sewage into a soil absorption area or spray field or by retention in a retaining tank.
COMMUNITY SEWAGE SYSTEM
A sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units, and the treatment and/or disposal of the sewage on one or more of the lots or at another site.
CONVENTIONAL SEWAGE SYSTEM
A system employing the use of demonstrated on-lot sewage treatment and disposal technology in a manner specifically recognized by the Pennsylvania Sewage Facilities Act. The term refers to individual and community on-lot sewage systems, including sand mounds but does not include alternate or experimental sewage systems.
DEP
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
DOSING PUMP
The pump housed in a dosing tank which provides a measured volume of sewage effluent to a pressurized distribution system in an absorption area.
EQUIVALENT DWELLING UNIT (EDU)
The number of lots in a subdivision for the purpose of determining planning exemptions and fees for planning module reviews; or that part of multiple-family dwellings, and commercial, industrial or institutional establishments with sewage flows equal to 400 GPD. EDUs shall be rounded up to whole numbers.
EXPERIMENTAL SEWAGE SYSTEM
A method of on-lot sewage treatment and disposal not included in the Act and which is proposed for the purposes of testing and observation.
INDIVIDUAL ON-LOT SEWAGE SYSTEM
An individual sewage system serving a single lot that uses a system of piping, tanks or other facilities for collecting, treating or disposing of sewage into a soil absorption area or spray field or by retention in a retaining tank.
INDIVIDUAL RESIDENTIAL SPRAY IRRIGATION SYSTEM (IRSIS)
An individual sewage system which serves a single dwelling and which treats and disposes of sewage using a system of piping, treatment tanks and soil renovation through spray irrigation.
INDIVIDUAL SEWAGE SYSTEM
A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal.
LAND DEVELOPMENT
A land development as defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. § 10101 et seq.
LOCAL AGENCY
The entity to which DEP has delegated the authority to administer the new land development planning and sewage facilities permitting provisions of the Act. The local agency for the Township is the Bucks County Department of Health.
LOT
A part of a subdivision or a parcel of land used as a building site or intended to be used for building purposes, whether immediate or future. Whenever a lot is used for a multiple-family dwelling or for commercial, institutional or industrial purposes, an EDU value shall be assigned, as determined by an estimate of sewage flows.
MAINTENANCE
Those actions required to provide for the long term proper functioning of an on-lot sewage system, including, but not limited to, pumping septage from a septic tank, cesspool or dry well and pump tank; cleaning, pumping or leveling of distribution box; removal of trees or other growth affecting the operation of an on-lot sewage system; diversion of surface water away from an on-lot sewage system; and reduction of flow from the structure being served, such as installation of water conservation devices.
MALFUNCTION
The condition which occurs when an on-lot sewage disposal system discharges inadequately treated sewage onto the surface of the ground, into the groundwater or surface waters, or causes the contamination of private or public drinking water supplies, nuisance problems or hazard to public health. Systems shall be considered to be malfunctioning if any condition noted occurs for any length of time during any time of the year. Indications of malfunctioning systems include, but are not limited to, foul odors, lush grass growing over the on-lot sewage system, overflow of any component, backup of wastewater in the attached buildings, soggy ground over the on-lot sewage system, or surfacing sewage effluent flowing over the ground.
OFFICIAL SEWAGE FACILITIES PLAN
A Comprehensive Plan for the provision of adequate sewage systems, adopted by the Township and approved by DEP in accordance with the Act and with applicable DEP regulations.
ON-LOT SEWAGE DISPOSAL SYSTEM
Any sewage system for disposal of domestic sewage involving pretreatment and subsequent disposal of clarified sewage into a subsurface soil absorption area or retaining tank. The term refers to both individual and community sewage systems.
ON-LOT SEWAGE SYSTEM REGISTRATION
The form made available by the Township to property owners to register their on-lot sewage system with the Township.
OWNER
Any person or persons, corporation, partnership, trust, or other legal entity holding deed/title to lands within the Township.
PERSON
Any individual, association, partnership, public or private corporation for profit or not-for-profit, firm, trust, estate, department, board, bureau or agency of the commonwealth, political subdivision, municipality, district, authority, or any other legal entity whatsoever is recognized by law as the subject of rights and duties. Whenever the term person is used in connection with any clause prescribing and imposing a penalty or imposing a fine or imprisonment, the term person shall include the members of an association, partnership or firm and the officers of any local agency or municipal, public or private corporation for profit or not-for-profit.
PLANNING MODULE FOR NEW LAND DEVELOPMENT
A supplement, revision to, or exception to the revision of Solebury Township's Official Sewage Facilities Plan submitted in accordance with DEP requirements and as required for approval of a subdivision or land development plan.
PUMPER'S REPORT
The form used by the licensed pumper/hauler to report pumping of an on-lot sewage system.
PUMPER/HAULER
Any person who engages in cleaning or pumping out individual or community on-lot sewage systems and who transports the septage removed from these sewage systems for disposal, as licensed by the Bucks County Department of Health.
REHABILITATION OR REPAIR
Work done to modify, alter, relocate, repair, enlarge or replace all or part of an existing on-lot sewage system including filters, pumps and connecting lines.
REPLACEMENT AREA
An area designated as the future location of an individual on-lot sewage system that shall be installed should the originally-installed individual on-lot sewage system fail or otherwise become inoperable and which shall meet all the regulations of DEP and all applicable Township ordinances for an individual on-lot sewage disposal system, and shall be protected from encroachment by an easement recorded on the final plan as filed with the Bucks County Recorder of Deeds.
RETAINING TANK
A watertight receptacle that receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. The term includes the following:
CHEMICAL TOILET — A permanent or portable non-flushing toilet using chemical treatment in the retaining tank for odor control.
COMPOSTING TOILET — A device for holding and processing human and organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
HOLDING TANK — A tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
INCINERATING TOILET — A device capable of reducing waste materials to ashes.
PRIVY — A tank designed to receive sewage where water under pressure is not available.
RECYCLING TOILET — A device in which the flushing medium is restored to a condition suitable for reuse in flushing.
SEPTAGE
The residual scum and sludge pumped from an on-lot sewage system comprised of a septic tank.
SEWAGE
A substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals; a substance harmful to the public health, to animal or aquatic life, or to the use of water for domestic water supply or for recreation; or a substance which constitutes pollution under the Pennsylvania Clean Streams Law at 35 P.S. §§ 691.1 — 691.1001
SEWAGE ENFORCEMENT OFFICER (SEO)
A person certified by the Pennsylvania Department of Environmental Protection in accordance with 25 Pa. Code § 71, Administration of Sewage Facilities Program, to perform percolation tests, site and soil evaluations, and review and issue sewage permits for on-lot sewage disposal systems. The Sewage Enforcement Officer for the Township is provided by the Bucks County Health Department.
SEWAGE MANAGEMENT PROGRAM (SMP)
A comprehensive set of legal and administrative requirements encompassing the requirements of this part, the Sewage Facilities Act, the Clean Streams Law, the regulations promulgated thereunder and such other regulations adopted by the Township to effectively enforce and administer this part.
SMALL FLOW TREATMENT FACILITY (SFTF)
An individual or community sewage system designed to adequately treat sewage flows not greater than 2,000 gallons per day (GPD) for final disposal using a stream discharge or other methods approved by DEP.
SPRAY FIELD
Piping, spray heads and ground surface to the outside edges of the wetted perimeter, used for the application and treatment of the sewage effluent from an individual residential spray irrigation system.
SUBDIVISION
A division of a lot, tract or other parcel of land as defined by the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. § 10101 et seq.
TOWNSHIP
Solebury Township, Bucks County, Pennsylvania, its Board of Supervisors, their designated officials or authorized agent.
WATERS OF THIS COMMONWEALTH
Rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, ponds, springs and other bodies and channels of conveyance of surface or underground water, or any of their parts, whether natural or artificial within or on the boundaries of this commonwealth.
ZONING OFFICER
A Township official/employee responsible for zoning and subdivision and land development functions as set out by the Municipalities Planning Code, the Zoning Code and the Subdivision and Land Development Ordinance, and for administering and enforcing Township Code of Ordinances.
[Added by Ord. No. 2021-008, 10/19/2021]
[1]
Editor's Note: The former definition of "Codes Enforcement Officer," which immediately followed this definition, was repealed by Ord. No. 2021-008, 10/19/2021.
[Ord. 2014-7, 6/17/2014, § III]
From the effective date of this part, its provisions shall apply to all persons owning any property served by an individual or community on-lot sewage disposal system and to all persons installing, servicing or rehabilitating on-lot sewage disposal systems.
[Ord. 2014-7, 6/17/2014, § IV]
1. 
No person shall install, construct, or rehabilitate, or solicit proposals for the installation, construction or rehabilitation of an individual or community on-lot sewage system, or occupy any building or structure for which an individual or community on-lot sewage system is to be installed without first obtaining a permit from the Bucks County Department of Health. The permit shall indicate that the site and the plans and specifications of the system comply with the provisions of the Clean Streams Law, the Pennsylvania Sewage Facilities Act and the regulations adopted pursuant to those Acts.
2. 
Systems or structures designed to provide individual or community sewage disposal shall not be covered from view until approval to cover the same has been given by the Bucks County Department of Health.
3. 
Applicants for individual or community sewage system permits shall notify the Bucks County Department of Health of the schedule for construction of the permitted on-lot sewage disposal system so the inspections, in addition to the final inspection required by the Act, may be scheduled and performed by the Bucks County Department of Health.
4. 
No building or occupancy permit shall be issued by the Township or its Building Code Official for a new building which will contain sewage generating facilities until a valid sewage permit has been obtained from the Bucks County Department of Health.
[Amended by Ord. No. 2021-008, 10/19/2021]
5. 
No building or occupancy permit shall be issued by the Township, and no work shall begin on any alteration or conversion of any existing structure, if said alteration or conversion will result in the increase or potential increase in sewage flows from the structure, until approval of use of the existing sewage system has been received from the Bucks County Department of Health. The Township should receive notification from the Bucks County Department of Health of all sewage permits reviewed and issued in the Township.
6. 
Individual or community sewage disposal permits may be issued only by a Sewage Enforcement Officer employed by the Bucks County Department of Health in the Township per the requirements of 25 Pa. Code § 72.
7. 
No contractor shall install, construct or rehabilitate or alter an individual or community sewage disposal system without verifying that the property owner has complied with the provisions of this part.
8. 
Exemptions for properties of 10 acres or more are not permitted. These properties shall obtain a permit indicating that the on-lot sewage disposal system meets the construction requirements of the Pennsylvania Sewage Facilities Act 537 as identified in 25 Pa. Code § 72.22(e) and (f).
9. 
The planning, design, siting, construction, maintenance, repair and replacement of any on-lot sewage disposal system shall be conducted in accordance with the requirements found at 25 Pa. Code § 73 and as adopted by resolution of the Township Board of Supervisors.
[Ord. 2014-7, 6/17/2014, § V]
1. 
Replacement areas are necessary if the primary on-lot sewage disposal area fails and presents a threat to human health. The requirement for, and protection of, replacement areas provide minimum standards for the prevention and suppression of disease and health risks associated with the use of on-lot sewage disposal systems.
2. 
A replacement area shall be defined for all new or proposed lots that will not be served by public sewer. The replacement area shall comply with all isolation distances required by DEP in accordance with 25 Pa. Code § 73 and with the Township requirements.
3. 
The proposed lot must have sufficient suitable area for the proposed primary on-lot sewage disposal system as well as 100% reserve replacement area in the event of a failure of the primary on-lot sewage disposal system. The proposed replacement area shall be protected and reserved for future use as an absorption area with similar design and configuration as the primary on-lot sewage disposal system for potential repair or replacement of the primary on-lot sewage disposal system. The replacement area shall meet DEP criteria and be tested and receive soil suitability approval by Bucks County Department of Health at the same time as the primary area.
4. 
A holding tank shall not be designed as a replacement area.
5. 
Areas reserved for primary and replacement on-lot sewage disposal sites may not have driveways, parking areas or structures constructed over them. A Declaration of Restrictions shall be recorded at the sole expense of the property owner in the office of the Bucks County Recorder of Deeds stating that the replacement area shall not be graded or disturbed, that no permanent or temporary improvements of any character shall be constructed thereon, and that no plant material shall be established within the replacement area other than shallow-rooted plant material. A plan depicting the replacement area shall be recorded with the Declaration of Restrictions.
6. 
Any person who desires to construct improvements within the replacement area shall demonstrate to the satisfaction of the Bucks County Department of Health and the Township that an alternate replacement area location, which complies with DEP and Township requirements, exists upon the lot. If the substituted replacement area is acceptable, a Declaration of Restrictions shall be recorded at the sole expense of the property owner in the office of the Bucks County Recorder of Deeds designating the new replacement area location and vacating the original replacement area.
[Ord. 2014-7, 6/17/2014, § VI]
1. 
Any on-lot sewage disposal system may be inspected by the Township or its authorized agent at any reasonable time as of the effective date of this part.
2. 
The Township or its authorized agent will provide advance notification to the resident/owner of the Township's intent to inspect an on-lot sewage disposal system. The resident/owner may or may not be present during the inspection, at the resident's/owner's discretion.
3. 
Such inspection may include a physical tour of the property, the taking of samples from surface water, wells, other groundwater sources, the sampling of the contents of the sewage disposal system itself and/or the introduction of a traceable substance into the interior plumbing of the structure served to ascertain the path and ultimate destination of wastewater generated in the structure. A copy of the inspection report shall be furnished to the property owner.
4. 
An authorized agent shall have the right to enter upon land for the purposes of inspections described in this section. In the event that access to inspect the property is denied, the Township shall be authorized to take such steps as are appropriate to secure access to the property for the purpose of determining compliance with the terms and conditions of this part. Such steps shall include, but not be limited to, the seeking of an administrative search warrant from the appropriate judicial official.
[Ord. 2014-7, 6/17/2014, § VII]
1. 
In accordance with the requirements of 25 Pa. Code § 73, only normal domestic wastewater including kitchen, bathroom, laundry and softener backwash wastewater shall be discharged into on-lot sewage disposal systems. The following shall not be discharged into on-lot sewage disposal systems:
A. 
Industrial waste.
B. 
Automobile oil and other non-domestic oil.
C. 
Toxic or hazardous substances or chemicals including, but not limited to, pesticides, disinfectants (excluding household cleaners), acids, paints, paint thinners, herbicides, gasoline and other solvents.
D. 
Clean surface or ground water, including water from roof or cellar drains, springs, basement sump pumps and French drains.
E. 
Any nonbiodegradable materials.
F. 
Backflow from the absorption area following or during pumping out of the on-lot sewage disposal system.
G. 
Surface discharges, ponding or other signs of malfunction in the vicinity of the absorption area.
2. 
All new construction served by on-lot sewage disposal systems shall be required to install water conservation devices and fixtures in compliance with the provisions of the Pennsylvania Uniform Construction Code and Res. 88-2, Revision No. 2, of the Delaware River Basin Commission as it may be amended from time to time. Any existing malfunctioning on-lot sewage disposal system may also be required to install water conservation devices and fixtures to improve the performance of such malfunctioning systems.
3. 
The use of garbage disposals connected to on-lot sewage disposal systems in the Township is prohibited for new construction and is strongly discouraged for existing on-lot sewage disposal systems, as garbage disposals may increase solids in the treatment tank which requires more frequent pumping or they may cause malfunctioning of the on-lot sewage disposal system.
[Ord. 2014-7, 6/17/2014, § VIII]
1. 
All on-lot sewage disposal systems shall be inspected and pumped out by a licensed pumper/hauler selected by the property owner at least once every three years or whenever an inspection reveals that the treatment tanks are filled with solids or scum in excess of one-third of the liquid depth of the tank. The three-year period begins for new on-lot sewage disposal systems on the date when the on-lot sewage disposal system is approved for use by the Bucks County Department of Health. Existing on-lot sewage disposal systems shall begin their three-year pumping schedule within 12 months of the date the notification letter from the Township is postmarked.
2. 
The property owner of an on-lot sewage disposal system is responsible for providing a copy of the pumper/hauler receipt to the Township within 30 days of the date of the pumping.
3. 
Sand filters that are part of IRSIS, SFTF or other approved on-lot sewage disposal systems shall be inspected and repaired, as necessary, at least once every year.
4. 
Any non-routine maintenance or repairs performed on an on-lot sewage disposal system must be reported to the Bucks County Department of Health and the Township by the property owner for approval prior to initiating such maintenance or repairs.
5. 
Surface contouring (grades) and other measures consistent with 25 Pa. Code § 73 shall be maintained to divert stormwater away from treatment facilities and absorption areas and protect absorption areas from physical damage.
6. 
Where applicable, pursuant to § 18-111 of this part, the on-lot sewage disposal system shall be maintained in accordance with provisions of the operation and maintenance agreement executed for the on-lot sewage disposal system.
7. 
Emergency repair or replacement of on-lot sewage disposal system components without prior approval or permit from the Bucks County Department of Health shall be limited to pumping of a septic tank, tight tank or cesspool as frequently as necessary to prevent backup or breakout of the system.
[Ord. 2014-7, 6/17/2014, § IX]
1. 
No person shall operate and maintain an on-lot sewage disposal system in such a manner that it malfunctions, as determined by the Bucks County Department of Health. All liquid wastes, including kitchen and laundry wastes and water softener backwash, shall be discharged to a treatment tank. No sewage system shall discharge untreated or partially treated sewage to the surface of the ground or into the waters of the commonwealth unless a permit to discharge has been obtained from DEP.
2. 
If the Bucks County Department of Health identifies a malfunction of an on-lot sewage disposal system, the property owner shall make application to the Bucks County Department of Health for approval to repair, rehabilitate or replace the malfunctioning system. Such repairs, rehabilitation or replacement may include: cleaning, repair or replacement of components of existing on-lot sewage disposal system; adding capacity or otherwise altering or replacing the on-lot system's treatment tank; expanding or replacing the existing disposal area; replacing a gravity distribution system with a pressurized system; and such other alternatives as appropriate for the specific site.
3. 
If a property with a malfunctioning on-lot sewage disposal system abuts or fronts an existing municipal sewer system, the Bucks County Department of Health may require the property owner to connect to the municipal sewer system at the property owner's sole expense. In this case, the Bucks County Department of Health may not approve the repair of the malfunctioning on-lot sewage disposal system.
4. 
The Township will notify the Bucks County Department of Health if Township staff observes any malfunction of an on-lot sewage disposal system within the Township.
5. 
The Bucks County Department of Health will provide copies of all approvals issued for the repair or replacement of malfunctioning on-lot sewage disposal systems to the Township.
[Ord. 2014-7, 6/17/2014, § X]
1. 
All proposed and existing lots in the Township shall employ either individual or community sewage disposal. The highest priority sewage disposal alternative in accordance with Subsection 2 that can be administratively and technically implemented on the property shall be utilized. If sewage disposal cannot be provided by a higher rank alternative than proposed, the applicant shall submit a written explanation of the reasons why the lot is not suitable for a higher ranked disposal option, and include appropriate supporting data. A decrease in the number of dwelling units and/or business establishments that could be served by one of the sewage disposal alternatives on the subject property shall not constitute a valid reason why a higher ranked alternative is not utilized in favor of a lower priority alternative.
2. 
On-lot sewage disposal priority alternatives ranked from high to low are shown on Table 18-1-1.
Table 18-1-1
On-lot Sewage Disposal Priority Alternatives
1
Individual On-Lot Subsurface Sewage Disposal
2
Individual On-Lot Elevated or At-Grade Sand Mound Bed
3
Individual On-Lot Residential Spray Irrigation System
4
Individual On-Lot Alternate System
5
Community On-Lot Subsurface Sewage Disposal
6
Community On-Lot Elevated or At-Grade Sand Mound Bed
7
Community On-Lot Spray Irrigation System
8
Experimental System or Other System Not Listed Above
9
Holding Tank per BCDH and DEP Requirements
[Ord. 2014-7, 6/17/2014, § XI]
The Township, upon written notice from the Bucks County Department of Health that an imminent health hazard exists due to failure of a property owner to maintain, repair or replace an on-lot sewage disposal system, shall have the authority to perform or contract to have performed, the work required by the Bucks County Department of Health. The property owner shall be charged for the work performed and, if necessary, a lien shall be recorded in accordance with law.
[Ord. 2014-7, 6/17/2014, § XII]
1. 
All septage pumper/haulers operating within the Township shall be licensed by the Bucks County Department of Health and/or DEP, as applicable.
2. 
All septage originating within the Township shall be disposed of at sites or facilities approved by DEP. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites and approved farm lands.
[Ord. 2014-7, 6/17/2014, § XIII]
1. 
All owners of property or persons proposing to utilize an individual residential spray irrigation system, small flow treatment facility, alternate or experimental sewage disposal facility, or on-lot sewage disposal system on a site containing marginal site conditions, shall execute a sewage facilities operation and maintenance agreement with the Township. Such Agreement will contain system specific requirements for the proposed system type.
2. 
The operation and maintenance agreement shall provide for the deposit of a nonrefundable fee to the Township for administration and future compliance monitoring; and shall further provide for sufficient financial security to guarantee the proper operation and maintenance of the proposed facility in accordance with the Pennsylvania Sewage Facilities Act, which may include, cash, Letter of Credit, or other Township-approved financial security. The amount of financial security shall be established by the Township and is subject to revision from time to time by adoption of a resolution of the Board of Supervisors.
3. 
Prior to adoption of an Operation and Maintenance Agreement by the Township, the property owner shall accomplish the following:
A. 
Owner shall furnish verification in writing from the Bucks County Department of Health indicating that the site complies with design standards in accordance with 25 Pa. Code § 73 for installation of an on-lot-sewage disposal system as proposed.
B. 
Three copies of the design and site plan for the proposed on-lot sewage disposal system, including details associated with required maintenance of the system, shall be provided to the Township. Owner shall furnish permit information to the Township for a small flow treatment facility upon receipt from DEP.
C. 
A fee and escrow, in an amount established by separate resolution of the Board of Supervisors and as amended from time to time, shall be deposited with the Township for review of the submitted design and site plan and for preparation of the operation and maintenance agreement.
D. 
Financial security, as required by the operation and maintenance agreement, will be held by the Township for so long as the system remains in use and until the property is connected to public sewers and used only in the event the Township is required to perform any services, or pay for any services, relative to administering the operation and maintenance agreement. Such financial security shall be deposited by the owner in a form acceptable to the Township.
4. 
If a property owner that has a sewage facilities operation and maintenance agreement with the Township proposes to sell the property containing such sewage facilities, the owner shall provide the buyer with a copy of the Township maintenance requirements and the maintenance and repair record for the sewage facilities. In addition, any sale agreement for the purchase of a property containing sewage facilities as defined under this part shall contain the buyer's acknowledgment of receipt of the operation and maintenance agreement for said property.
[Ord. 2014-7, 6/17/2014, § XIV]
1. 
The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this part.
2. 
The Township shall employ qualified individuals to carry out the provisions of this part. While the sewage enforcement officer represents the Bucks County Department of Health, the Township may employ a Zoning Officer, secretary, administrator or other persons as required. The Township may also contract with private qualified persons or firms as necessary to carry out the provisions of this part.
[Amended by Ord. No. 2021-008, 10/19/2021]
3. 
The Township shall establish all administrative procedures necessary to properly carry out the provisions of this part.
4. 
The Township may establish fees, by resolution of the Board of Supervisors, the purpose of which is to defray the costs of the on-lot sewage management program as set forth in this part.
[Ord. 2014-7, 6/17/2014, § XV]
1. 
Appeals from written decisions of the Township or its authorized agents under this part shall be made to the Township in writing within 30 days from the date of the decision in question.
2. 
The person appealing shall be entitled to a hearing before the Township Board of Supervisors within 30 days of receipt of the appeal. The hearing shall be conducted in accordance with the provisions of the Pennsylvania Local Agency Act. The hearing may be postponed for a good cause shown by the appellant or the Township. Additional evidence may be introduced at the hearing provided that it is submitted with the written notice of appeal. The Township shall thereafter affirm, modify or reverse the aforesaid decision.
3. 
A decision shall be rendered in writing by the Township within 45 days of the date of the hearing. If a decision is not rendered within 45 days, the relief sought by the appellant shall be deemed granted.
4. 
Any person aggrieved by a decision of the Board of Supervisors under this part may file an appeal to the Court of Common Pleas of Bucks County within 30 days after such written decision from the Board of Supervisors.
[Ord. 2014-7, 6/17/2014, § XVI; as amended by A.O.]
1. 
Any person failing to comply with any provisions of this part shall be given notice by the Township of the noncompliance. The person will be given 60 days to comply with this part.
2. 
After 60 days, any person, firm or corporation who shall violate any provision of this part, 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 Bucks County Prison not to exceed 90 days. Each day that such violation is continued after notice shall constitute a new and separate offense, punishable by like fine, penalty or imprisonment, and further notices to the offender shall not be required in order to constitute such continuances as an additional offense or offenses.
3. 
All fines, penalties and costs collected for the violation of this part shall be paid over to the Township. Proceedings for the violation of this part and for the collection of fines and penalties imposed thereby may be commenced by warrant or by summons at the discretion of the magisterial district judge before whom the proceedings is begun.
4. 
In addition to the rights as set forth in this section, the Township may take such other rights as are available to it to enforce the provisions of this part including resorting to the courts of equity to seek compliance with the provisions of this part.