[Ord. 275, 11/3/2008, § I]
1. 
This Part shall be known and may be cited as the "Nonmunicipal Community Sewage System Management Ordinance for Wrightstown Township."
2. 
The purpose of this Part is to establish procedures within Wrightstown Township pursuant to 25 Pa. Code § 71.72 to assure the proper installation, rehabilitation and long term operation and maintenance of non-municipal community sewage systems ("NMCSS") within Wrightstown Township.
3. 
All NMCSS within Wrightstown Township shall be subject to the provisions hereof and shall also be subject to and be in conformance with the Wrightstown Township Sewage Facilities Plan.
[Ord. 275, 11/3/2008, § II]
1. 
Terms Defined.
BCDH
Bucks County Department of Health.
BOARD
Board of Supervisors of Wrightstown Township.
COMMUNITY SEWAGE SYSTEM
A sewage facility (as defined at 25 Pa. Code § 71.1), 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 or disposal, or both, of the sewage on one or more lots or at another site. It includes a system of piping, tanks or other facilities serving two or more lots and collecting, treating and disposing of sewage into a soil absorption area or retaining tank located on one or more of the lots or at another site or collection, conveyance, treatment and disposal of sewage other than renovation in a soil absorption area, or retention in a retaining tank.
DEP
Department of Environmental Protection of the Commonwealth of Pennsylvania.
ESTIMATE OF ANNUAL COSTS
An estimate of annual costs for the operation, maintenance and repair of an NMCSS including an adequate capital reserve for the cost of replacements of components of the system at the end of their useful life, which has been prepared and certified by a qualified registered engineer or other design professional responsible for the design of the system and reviewed and approved by the Township Engineer.
LICENSED OPERATOR
An individual or entity licensed by the Commonwealth of Pennsylvania, Department of Environmental Protection, to operate and maintain sewage treatment plants and certified in the operation and maintenance of community sewage systems.
NON-MUNICIPAL COMMUNITY SEWAGE SYSTEM ("NMCSS")
A community sewage system which is privately owned and operated by a person or entity approved in accordance with this Part, not by a municipality or a municipal authority.
PERSON
An individual, association, public or private corporation for profit or not-for-profit, partnership, firm, trust, estate, department, board or other legal entity which is recognized by the law as the subject of rights and duties. The term includes members of an association, partnership or firm and the officers of a private corporation for profit or not-for-profit.
SEWAGE MANAGEMENT PROGRAM
A program authorized by the official action of Wrightstown Township for the administration, management and regulation of the disposal of sewage. In the case of an NMCSS, this Part is the official sewage management program for that type of sewage disposal. As to individual on-lot sewage disposal systems, Ord. 212 [Part 2], duly adopted by the Board of Supervisors of Wrightstown Township on June 2, 2003, is the sewage management program for those types of sewage disposal facilities.
TOWNSHIP
The Township of Wrightstown.
TOWNSHIP CODE ENFORCEMENT OFFICER
A Township designee responsible for enforcement of Wrightstown's Ordinances.
TOWNSHIP SEWAGE FACILITIES PLAN
The official Plan of Wrightstown Township for sewage facilities within the Township adopted and implemented pursuant to the provisions of 25 Pa. Code, Chapters 71 and 72.
2. 
Undefined Words and Terms. Any word or term not defined herein shall have the definition of that word or term found at 25 Pa. Code §§ 71.1, 72.1 and 73.1.
[Ord. 275, 11/3/2008, § III]
1. 
Applicability. Every person who proposes to establish or operate an NMCSS within Wrightstown Township shall comply with the provisions of this Part. When a revision to the Township Sewage Facilities Plan is required for the installation and construction of an NMCSS, the persons proposing to establish these facilities must establish that they meet the requirements of this section of this Part prior to receiving Township approval of the Sewage Facilities Plan revision.
2. 
The application for approval of the Township Sewage Facilities Plan revision authorizing an NMCSS and/or an application for zoning permit authorizing the operation of such system shall identify the person who will own and be responsible for the future operation and maintenance of the NMCSS ("owner").
3. 
The owner of the NMCSS shall enter into a contract with a Pennsylvania licensed operator certified in the operation and maintenance of community sewage systems in a form approved by the Township, providing for the operation and maintenance of the system, maintaining records documenting the results of inspections, operation and maintenance activities and requiring the certified operator to provide copies of those records to the Township on a quarterly basis.
4. 
The owner shall provide an estimate of annual costs for the operation and maintenance of the NMCSS including an adequate capital reserve for the cost of replacement of components of the system at the end of their useful life and for unexpected contingencies. The estimate of annual costs shall be certified by a qualified registered engineer or other design professional responsible for the design of the system. The estimate of annual costs shall be subject to review and approval by the Township Engineer.
5. 
The owner shall deposit with the Township in the form of an irrevocable letter of credit containing an "evergreen clause" or other financial security approved by the Township an amount equal to 100% of the estimate of annual costs to assure the future operation and maintenance of the NMCSS.
6. 
The owner shall enter into an operation and maintenance agreement with the Township substantially in the form attached to this Part as Exhibit "18-4-A" and providing:
A. 
For the deposit of financial security in the amount required by Subsection 5 hereof which amount the Township shall be entitled to draw upon if there is noncompliance with the operation and maintenance agreement which the owner fails to correct after notice given in accordance with the operation and maintenance agreement.
B. 
Consenting to entry by the Township or its authorized agents upon the property where the NMCSS is located to inspect the system, to correct any malfunction or defect, or to cause the removal of sewage waste by a certified hauler and to deduct the cost thereof from the financial security.
C. 
Granting a lien on the property served by the NMCSS including individual lots, condominium units or other ownership interest of users of the NMCSS for costs incurred by the Township to correct violations of the operation and maintenance agreement as enumerated therein.
D. 
Acknowledging that an uncorrected violation of the operation and maintenance agreement will result in irreparable harm and entitle the Township to a preliminary injunction to compel correction of the violation.
E. 
Permitting annual review by the Township of funds held for NMCSS annual operation and maintenance costs.
7. 
When the owner of the NMCSS is an association of condominium unit owners or other common interest owners, a declaration of condominium, cooperative agreement, declaration of restrictive covenants or other instrument approved by the Township shall be recorded in the Office of the Recorder of Deeds of Bucks County, before conveyance of any such interest, containing provisions substantially in the form of Exhibit "18-4-B" hereof which shall be for the benefit of the Township and shall include, as a minimum, the following:
A. 
The obligation of a unit owner to pay a pro rata share of the estimate of annual costs.
B. 
Requiring that the NMCSS be operated and maintained by a licensed operator.
C. 
An obligation of the association to collect and maintain in a separate account, fees sufficient to pay the estimate of annual costs which estimate shall be reviewed on an annual basis and revised by the association based upon the recommendation of the licensed operator.
D. 
Requiring that fees assessed for the operation and maintenance of the system be used solely for that purpose.
E. 
Imposing a lien on each individual unit for nonpayment of operation and maintenance costs.
F. 
Providing that the obligation of unit owners to pay operation and maintenance costs shall be joint and several and that the Township shall have the right to foreclose on the lien as to any unit to recover any costs incurred by the Township for the operation and maintenance of the system and costs incurred to compel performance of obligations of the association under the declaration and the operation and maintenance agreement.
G. 
Acknowledging that the failure to properly operate and maintain the NMCSS results in irreparable harm to the Township and that the Township shall be entitled to a preliminary injunction for violation of the association's obligations under the declaration and the operation and maintenance agreement.
H. 
Providing that the Township is a third party beneficiary of the above provisions.
8. 
The owner shall provide a disclosure statement in the form of Exhibit "18-4-C" hereof to each unit owner or other person served by the NMCSS setting forth, at a minimum, the following:
A. 
The amount of the quarterly or monthly operation and maintenance fee.
B. 
The estimate of annual costs.
C. 
A summary of the terms of the operation and maintenance agreement.
D. 
A summary of the terms of the declaration as provided for above.
[Ord. 275, 11/3/2008, § IV]
1. 
Before the Township approves revision of the Township Sewage Facilities Plan to permit an NMCSS to serve any property, the property owner shall execute an application and agree to comply with the requirements set forth in § 18-403 hereof.
2. 
Before the Township will issue a zoning permit and/or building permit authorizing the construction of an NMCSS the owner shall:
A. 
File a copy of the permits issued by DEP and/or BCDH for the non-municipal community sewage system, including, but not limited to, the water quality permit and NPDES permit for the system. In addition, owner shall provide Township with a copy of the site plan and design of the proposed NMCSS and shall submit such additional information as the Township may require.
B. 
Pay a fee to the Township for the non-municipal community sewage system review and approval in accordance with the appropriate resolution adopted by the Board of Supervisors, as amended from time to time.
C. 
Execute an operation and maintenance agreement with Township as provided in Subsection 6 hereof.
D. 
Deposit financial security with the Township to secure the proper operation and maintenance of the NMCSS as provided in Subsection 5 hereof.
E. 
Prior to the approval of an amendment to the Township Sewage Facilities Plan authorizing the NMCSS to be owned and operated by an association or other entity identified in Subsection 7 other than an individual, submit for review and approval by the Township of the declaration required by Subsection 5 hereof.
3. 
Prior to the issuance of an occupancy permit for the property or any unit of ownership within the property, owner shall:
A. 
Provide a true and correct copy of the declaration with recording information evidencing that it has been recorded in the Office of the Bucks County Recorder of Deeds.
B. 
Provide a copy of executed agreement with a licensed Pennsylvania licensed operator as required by Subsection 3 hereof.
C. 
Provide a copy of the disclosure statement required by Subsection 8 hereof for review and approval by the Township.
D. 
Provide for review and approval by the Township the estimate of annual costs and a determination of the fee which will be charged to unit owners and/or members of the association.
4. 
Approval of a non-municipal community sewage system granted hereunder shall remain in effect for two years from the date of issuance. If the NMCSS has not been installed and certified operational by DEP within two of the date of the approval, the approval shall become null and void.
[Ord. 275, 11/3/2008, § V]
1. 
Use and Occupancy Permit Required. Prior to the issuance of a use and occupancy permit for any unit served by the NMCSS, the owner shall provide satisfactory evidence to the Township that it has provided to the purchaser true and correct copies of the estimate of annual costs, declaration, disclosure statement, and operation and maintenance agreements which are required by § 18-403 hereof.
2. 
Notice to Comply/Notice of Non-compliance. The Board of Supervisors of Wrightstown Township, or any officer of the Township designated thereby for this purpose, is hereby authorized to give notice, by personal service or by United States mail, to the person who owns a property on which a non-municipal community sewage system is located, requiring the owner to provide documentation of all inspections, test results and all reports pertaining to all DEP and/or BCDH permits for the non-municipal community sewage system. In addition, the owner shall provide Township, on a quarterly basis, copies of all documents which the licensed operator is required to maintain. Failure to comply with this subsection shall be a violation of this Part.
3. 
Fees. Cost for the municipal administration of the sewage management program, including maintaining non-municipal community sewage system inspection of the system and monitoring compliance, shall be assessed to property owners included in the program in an amount set by Township resolution.
4. 
Violations and Enforcement Remedies.
A. 
Any person who has violated the provisions of this Part shall, upon being found liable therefore in a civil enforcement proceeding commenced by Wrightstown Township, pay a judgment of not more than $1,000, plus all court costs, including reasonable attorney fees incurred by Wrightstown Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, Wrightstown Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this Part to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation.
B. 
The Township shall be entitled to institute an injunction action, including a preliminary injunction action, to compel compliance with the provisions of this Part and in any such action shall be entitled to recover attorney's fees, costs of litigation and any costs incurred by the Township to correct such violations.
C. 
In addition to any other remedies provided by this Part, any violation of the Part shall constitute a nuisance and may be abated by the Township through equitable or legal relief from the Bucks County Court of Common Pleas.
[Ord. 275, 11/3/2008, § VI]
1. 
Effective Date. This Part shall become effective five days after the final enactment or adoption and shall remain in full force and effect until amended or revoked. Each person owning a lot served by an on-lot sewage system shall provide evidence within one year from the effective date of this Part that the system was pumped or inspected in compliance with this Part.