[Ord. 113, 4/6/2005, § 1]
The name of this Part shall be the "Upper Nazareth Township
On-Lot Sewage Disposal Ordinance."
[Ord. 113, 4/6/2005, § 2]
The words and terms, when used in this Part, have the identical
meanings as those found in the Pennsylvania Sewage Facilities Act,
35 P.S. §§ 750.1 — 750.20, and the
rules and regulations promulgated thereunder unless the context clearly
indicates otherwise.
[Ord. 113, 4/6/2005, § 3]
1.
The Board of Supervisors of the Township shall annually appoint a
primary and alternate Sewage Enforcement Officer(s) it deems necessary
to administer Act 537 and the regulations promulgated thereunder.
2.
All Township Sewage Enforcement Officers shall abide by the standards
of conduct specified in 25 Pa. Code, Chapters 71, 72 and 73, of the
Department's regulations. Violation of any of these standards
shall be grounds for dismissal by the Board.
[Ord. 113, 4/6/2005, § 4]
1.
The installation of any treatment tank, subsurface absorption area
or any holding tank constitutes either the installation of an individual
or a community sewage system and requires a permit prior to beginning
the installation of the system or beginning the construction, installation
or occupancy of any building or buildings for which such a system
will be installed. The installation of an individual or community
sewage system shall include the repair, replacement or enlargement
of any treatment tank, subsurface absorption area, or holding tank,
or any piping connecting the same. A permit shall be required regardless
of the acreage of the tract on which the individual or community sewage
system is to be installed or repaired.
2.
The Board will issue, deny and revoke permits only by and through
its Township Sewage Enforcement Officer(s).
3.
If construction or installation of an individual or community sewage
system and of any building or structure for which such system is to
be installed has not commenced within three years after the issuance
of a permit for such system, the said permit shall expire. A new permit
shall be obtained prior to the commencement of said construction or
installation.
4.
Construction of a new sewage system for a newly occupied building
will be known as a "new sewage system" for the purposes of this Part.
The repair or replacement of an existing on-lot sewage disposal system
for a structure which is occupied at the time of the application for
permit issuance shall be known as a "repair sewage system" for the
purposes of this Part.
5.
The minimum isolation distances prescribed in this Part shall be
the same as those indicated in the Department regulations.
6.
All on-lot sewage disposal systems shall be constructed and/or installed
in strict accordance with the requirements in 25 Pa. Code, Chapter
71, 72 and 73 of the Pennsylvania Department of Environmental Protection
Rules and Regulations, and the requirements of this Part, whichever
are more restrictive.
[Ord. 113, 4/6/2005, § 5]
1.
Application for a permit shall be made by the property owner to the
Township Sewage Enforcement Officer, or Township Secretary and forwarded
to the Sewage Enforcement Officer, prior to the commencement of construction
of any such system or of any building for which such system is to
be installed.
2.
The application shall contain the following:
A.
The information found on the application form ER-BWQ-290 prescribed
by the Department.
B.
Such further information as may be required by the Township Sewage
Enforcement Officer to insure that the proposed action complies with
the regulations promulgated by the Department.
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Application forms may be obtained from the Township Sewage Enforcement
Officer or Township Secretary.
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3.
When the Township Sewage Enforcement Officer has found an application
incomplete, or the Township Sewage Enforcement Officer is unable to
verify the information submitted, the applicant shall be notified
in writing within seven days, and the time for acting thereon shall
be extended to 15 days beyond the date of receipt of adequate supplementary
or amendatory data.
4.
Applications for permits for new sewage systems, which are not consistent
with the Official Plan of Upper Nazareth Township, shall be denied.
5.
New Sewage Systems.
B.
In the preliminary stage, the applicant obtains a copy of form ER-BWQ-290
from the Township Sewage Enforcement Officer or Township Secretary,
completes Part 1 of the form, and submits it along with the appropriate
permit fee to the Township Sewage Enforcement Officer or the Township
Secretary. The Township Sewage Enforcement Officer reviews Part 1
and an on-site evaluation is scheduled at a mutually agreed time.
C.
In the site evaluation stage, the Township Sewage Enforcement Officer
observes the soil test pit, percolation test and slope measurements
and completes Part IV of the application. It shall be the responsibility
of the applicant to prepare the site for inspection, including the
digging of a minimum of one soil test pit, or in accordance with current
DEP policy, at a maximum depth of seven feet, in accordance with 25
Pa. Code § 73.14, any general clearing of the site necessary
to make slope measurements, and arranging for the preparation and
testing of a minimum of one percolation test for both primary and
secondary absorption areas, as appropriate, in accordance with 25
Pa. Code § 73.15. After the site evaluation stage, the applicant
will be notified if the site is suitable, or receive a letter of permit
denial if it is not. The applicant may request the Township Sewage
Enforcement Officer to conduct the required percolation test. In this
case, permit fee shall be in accordance with the Township Fee Schedule.
D.
The system design stage involves the completion of Parts II and III
of the application form by the applicant. All application information
and designs must be to scale and locate all the key components with
respect to two intervisable markers in a neat and legible manner and
must show the following:
(1)
All information required under Part III of application.
(2)
All test pits and percolation tests (pass or fail).
(3)
Alternate absorption area location, as appropriate.
(4)
Location and width of all rights-of-way, easements, building
restriction lines, including any limitations on their use.
(5)
Existing and proposed contour lines at two-foot intervals derived
from a field survey or taken from an approved subdivision plan. Contours
taken from U.S.G.S. mapping are unacceptable.
(6)
Spot elevations for the following:
(a)
First floor elevation of any structure.
(b)
Elevation at each corner and high point of the proposed absorption
area. If an elevated sand, or an at-grade absorption area is required,
the existing grades of each corner of the toe of berm shall also be
shown.
(c)
Elevation of existing grade at the proposed septic tank, and
pump tank or lift station, if required.
(8)
All above items shall be staked in the field prior to permit
issuance, and shall remain undisturbed and protected until a final
certificate of occupancy is issued.
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The Township Sewage Enforcement Officer may provide advice and
assistance, but the system design shall be the responsibility of the
applicant.
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E.
When the Township Sewage Enforcement Officer has determined that
the application is complete and meets the requirements of 25 Pa. Code,
Chapters 71, 72 and 73 of the Department's regulations and this
Part, a permit shall be issued.
F.
Permits shall be issued or denied by the Township Sewage Enforcement Officer in writing within seven days after receiving a complete application for permit, except as shown in Subsection 3. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in the letter.
6.
Repair Sewage Systems.
C.
In the site evaluation stage, the Township Sewage Enforcement Officer may require and observe soil test pits, percolation tests and/or slope measurements, and shall complete Part IV of the application. For repair sewage systems, this soils evaluation is not always required, but will be required if additional absorption area is required. If percolation tests are performed, the procedure may follow the procedure outlined in Subsection 5C.
F.
Permits shall be issued or denied by the Township Sewage Enforcement Officer in writing within seven days after receiving a complete application for permit, except as shown in Subsection 5D. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in the letter.
7.
General Department Requirements.
A.
Any application for a permit for an individual or community sewage
system where a license, certificate or registration or permit is required
from the Department under its regulations shall receive the concurrence
of the Department in writing prior to its issuance by the Township
Sewage Enforcement Officer.
B.
Any application for a permit for an experimental individual or community
sewage system shall receive the concurrence of the Department in writing
prior to its issuance by the Township Sewage Enforcement Officer.
Experimental sewage systems shall be subject to the requirements specified
in Chapter 73 of the Department's Regulations.
8.
Inspections.
A.
Prior to any earth disturbance for the installation of the permitted on-lot sewage disposal system, the applicant and/or contractor for the applicant must contact the Sewage Enforcement Officer to arrange for a preconstruction meeting at the site. The location of all items required in Subsection 5D(6)(b) and (c) and the replacement absorption area shall be staked at the time of the meeting. Any changes in the physical conditions of the lands of either the primary or replacement absorption area may result in revocation of the permit, or the requirement to conduct additional soil testing.
B.
In the final inspection stage, the applicant notifies the Township
Sewage Enforcement Officer when the installation is complete and ready
for inspection or reinspection. The applicant may request additional
inspections required to facilitate construction at the site. Fees
for the additional inspections shall be in accordance with the approved
fee schedule.
C.
No part of any installation shall be covered nor, in the case of
new systems, shall the building for which it is intended be occupied,
until it is inspected and given final written approval by the Township
Sewage Enforcement Officer. The exception is that the applicant may
cover the installation in absence of written approval or disapproval,
at the expiration of 72 hours, excepting weekends and holidays, from
the date the Township Sewage Enforcement Officer receives the notice
to inspect. For purposes of determining the above time limit, the
request shall be made in writing and validated by the Township Secretary.
The Township Sewage Enforcement Officer may by order require an installation
to be uncovered at the expense of the applicant, if the installation
was covered contrary to the provisions of this section.
[Ord. 113, 4/6/2005, § 6]
1.
All fees paid under this section shall be made payable to the Township,
and shall be in the form of either checks or money orders. These fees
shall be submitted to the Township Secretary. The application fee
portion of the individual permit shall be non-refundable after being
paid.
2.
New system fees and repair system fees as well as any other fees
made or required pursuant to this Part shall be as set forth in a
resolution passed by separate action of the Board of Supervisors of
the Township as amended which is attached hereto and made a part of
this Part and marked Exhibit 18-4-A. The Township may adjust these
fees and charges from time to time by amending resolutions. No increases
in rates, charges or fees may be made except as authorized by the
Township after a public notice for such increase is given and interested
parties have been afforded an opportunity to comment thereon. All
rates, fees and charges shall be reasonable, compensatory and nondiscriminatory.
[Ord. 113, 4/6/2005, § 7]
1.
A permit shall be revoked by the Township Sewage Enforcement Officer
at any time for any one or more of the following reasons, which shall
be incorporated into the notice of revocation:
A.
When any change which has occurred in the physical conditions of
any lands which will materially affect the operations of any individual
or community sewage disposal system covered by any permit issued by
the Township Sewage Enforcement Officer under the provisions of 25
Pa. Code, Chapter 72, of the Department's regulations.
B.
When one or more tests material to the issuance of the permit has
not been properly conducted.
C.
When information material to the issuance of the permit has been
falsified.
D.
When the original decision of the Township Sewage Enforcement Officer
otherwise failed to conform with the provisions of the Act and the
Department's regulations.
E.
When the permittee has violated the provisions of 25 Pa. Code, Chapter
71, 72 or 73 of the Department's regulations, or any provisions
of this Part.
F.
When the inspection reveals that the installation of the system,
water supply location or the underlying soil or geologic conditions
differ from those stated in the application.
3.
Upon receipt of written notice of revocation, no further construction
of either the system or the building for which it is intended shall
take place until the permit has been reinstated in writing.
4.
A permit, which has been revoked under this section, will not be
reinstated. A "new permit" must be applied for and all regulations
in place at the time of the application must be addressed prior to
receiving a permit to utilize the currently unpermitted existing system.
[Ord. 113, 4/6/2005, § 8]
1.
Upon receipt by the applicant of a notice of denial of a permit,
the applicant may request, in writing within 10 days of receipt of
said notice, a hearing before the Township Board of Supervisors. The
Board shall hold a hearing within 30 days after receipt of such a
request. The Department shall be notified of the hearing by the Board.
2.
Revocation of permits shall occur only after written notice and 10
days opportunity to request a hearing have been granted to the permittee.
The Board shall hold a hearing within 30 days after receipt of such
a request. The Department shall be notified of the hearing by the
Board.
[Ord. 113, 4/6/2005, § 9]
Although this Part is intended to provide guidelines for the
proper installation of on-lot sewage disposal systems, nothing contained
herein should be interpreted as a guarantee to the applicants that
systems installed under the provisions of this Part will function
as intended. Uncontrollable variables such as undefined soil characteristics,
actual water usage and material or construction inadequacies, may
cause a system malfunction, even though the general guidelines of
the State Department of Environmental Protection and this Part are
followed.
[Ord. 113, 4/6/2005, § 10; as amended by A.O.]
1.
Any person who shall be found to be discharging untreated or partially
treated sewage to the surface of the ground, or to waters of the commonwealth,
shall be deemed to be creating a nuisance, and upon written notice,
shall be required to repair his or her sewage system to eliminate
such nuisance. A thirty-day limitation for the satisfactory repair
of the system shall be respected.
2.
Any person who shall violate any of the provisions of this Part,
or the rules and regulations of standards promulgated hereunder, or
who resists or interferes with any officer, agent or employee of the
Township, shall, 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 less than $100 nor more than
$1,000 plus costs to be paid to the Township and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days, and shall be required to rectify the violation if such violation
is causing or could cause pollution of a health hazard. 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. 113, 4/6/2005, § 11]
2.
For nonresidential uses and subdivisions involving more than 10 residential
lots or dwelling units, the developer shall contact the Department
of Environmental Protection via Sewage Facilities Planning Module
Application Mailer, (DEP postcard) which may be obtained from the
Sewage Enforcement Officer.
3.
Prior to initiating testing, the developer shall provide a sketch
plan indicating proposed lot layout, and shall have adequate field
survey points set to conduct testing respecting appropriate isolation
distances from lot lines, easements, etc. Any additional testing shall
be marked in the same manner.
4.
The developer shall set up appropriate escrows, prior to testing.
5.
Plans must be provided as supporting documentation to a request for
approval of an official plan revision, and these plans shall show
all data required by the Department and shall show among other things:
A.
Proposed and existing building structures.
B.
Location of soil probes and percolation tests, whether passing or
failing.
C.
Proposed or existing water supplies or wells.
D.
Location of all existing and proposed street and right-of-way lines.
E.
Existing and proposed lot lines.
F.
Existing and proposed primary on-lot absorption areas and alternate
locations (as appropriate).
G.
All information as prescribed in the Sewage Facilities Planning Module
Plot Plan requirements.
6.
The plans shall show all tested primary and alternate absorption
areas sufficient to illustrate that such systems can be placed while
maintaining required isolation distances.
7.
The applicant requesting that the Township consider an official plan
revision shall be responsible for completion of the appropriate components
of the Department Sewage Facilities Planning Module and for providing
the required testing, supporting plans and other data. The Module
will be reviewed and approved or denied in accordance with the procedures
specified in 25 Pa. Code, Chapter 71, of the Department's Regulations.
