[Adopted 9-17-2015 by Ord. No. 336[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
151 but was renumbered to maintain the organization of the Code.
This article shall be known as the "Forks Township On-lot Disposal
System (OLDS) Management Ordinance."
The Board of Supervisors of Forks Township finds that:
A.
Inadequate management of individual and community on-lot sewage disposal
systems increases surface water pollution, groundwater contamination,
the potential of public health problems, and general nuisance conditions.
B.
A comprehensive and reasonable program of on-lot disposal system
(OLDS) management regulations is fundamental to the public health,
safety and welfare, the environment, and to the protection of present
and future residents of Forks Township.
The purpose of this article is to promote the public health, safety and welfare by minimizing the problems described in § 150-101A of this article by:
A.
Review of OLDS plans for conformance with the Township's Official
Plan (Act 537 Plan) and regulations and ordinances enacted to implement
the Act 537 Plan.
B.
Enactment and implementation of this article and appurtenant ordinances
concerning holding tanks and water conservation and sewage flow reduction.
C.
Development and implementation of a public education program to supplement
the public assurance program.
D.
Giving force and effect to the policies adopted in the Official Act
537 plan of Forks Township.
The Board of Supervisors of Forks Township, Northampton County,
Pennsylvania, pursuant to the Clean Streams Law of Pennsylvania (Act
394 of June 22, 1937, P.L. 1987, as amended),[1] the Pennsylvania Sewage Facilities Act (Act 537, of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq.), and the Second Class Township Code (53 P.S. §§ 65727, 65729 and 66951), hereby enacts and ordains this article as the "Forks Township On-lot Disposal System (OLDS) Management Ordinance." This article shall apply to all on-lot sewage systems as defined in § 150-108 of this article. No requirement of this article shall preempt the functions, duties, and jurisdiction of the Forks Township Sewage Enforcement Officer, the Clean Streams Law, or other local or county rules and regulations of OLDS.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
After giving adequate notice and upon presentation of proper
credentials, the Sewage Enforcement Officer of Forks Township may
enter at reasonable times upon any property within the Township to
investigate or ascertain the condition of any OLDS on the property.
Operation and maintenance agreements executed pursuant to this
article do not relieve the applicant of the responsibility to secure
required permits or approvals for activities regulated by any other
applicable code, rule, act, or ordinance.
Nothing in this article shall relieve the owner of a property
on which an OLDS is located of responsibility to those adversely affected
by the operation and maintenance of the OLDS. Further, the Township
assumes no responsibility to the developer, the homeowner, the adjoining
property owner, or any other person or entity affected by the operation
of an OLDS on property not owned by the Township.
Words used in the singular include the plural and words used
in plural include the singular. The word "building" shall be construed
as if followed by the words "or parts thereof." The word "may" is
permissive; the words "shall" and "will" are mandatory.
The following words and terms, when used in this article, shall
have the following meanings, unless the context clearly indicates
otherwise:
A component of an individual or community sewage system where
liquid from a treatment tank seeps into the soil; it consists of an
aggregate-filled area containing piping for the distribution of liquid
and the soil or sand/soil combination located beneath the aggregate.
This area can also consist of a drip irrigation or spray irrigation
field.
PRIMARY ABSORPTION AREAThe absorption area which is initially permitted and installed for the proposed use.
ALTERNATE (SECONDARY) ABSORPTION AREAA tested area which is reserved for possible future installation of an absorption area, if the primary absorption area malfunctions or otherwise needs to be replaced.
A mechanically aerated treatment tank that provides aerobic
biochemical stabilization of sewage prior to its discharge to an absorption
area.
A system employing the use of demonstrated technology as
outlined in the most current alternate systems guidance by the PADEP.
A landowner, as herein defined, or agent of the landowner,
who has filed an application for an operation and maintenance agreement.
Any structure, either temporary or permanent, having walls
and a roof, designed or used for the shelter of any person, animal
or property, and occupying more than 100 square feet of area.
An area where the underlying rock (e.g., limestone and dolomite)
is formed by the organic and inorganic precipitation of mineral compounds
characterized by the fundamental chemical ion carbonate (CO3).
Within a given group of buildings and/or lots, the use, where
feasible, of on-lot disposal systems (OLDS), and for lots not suitable
for OLDS, the incorporation of the sewage from two or more of the
unsuitable lots into a community sewage system in order to meet the
sewage treatment/disposal needs of the area.
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots and for the treatment or
disposal of the sewage on one or more of the lots, or at any other
site.
A community sewage system that employs any of the several
types of aggregate-filled sewage effluent absorption areas installed
below original soil grade level, or, in the case of an elevated sand
mound, installed above original grade with ultimate percolation into
the original soil. This can also be a drip irrigation field.
The combination of two or more community systems.
Financial security posted by the property owner or agent
of the property owner and held by the Township or a third party (under
an agreement with the Township) for the purpose of guaranteeing that
the construction of a sewage system is completed and properly done.
Any of several types of aggregate-filled sewage effluent
absorption areas installed below original soil grade level, or, in
the case of an elevated sand mound, installed above original grade
with ultimate percolation into the original soil.
The Pennsylvania Department of Environmental Protection,
aka PADEP.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
or land development.
A type of aboveground absorption area consisting of a level
layer of sand between the surface of the natural soil and an aggregate
distribution area to insure adequate renovation of sewage effluent.
Any method of sewage disposal not described in the PA Title
25 rules and regulations, but authorized by the PADEP, for the purpose
of testing and observation, as well as the most current alternate
systems guidance by the PADEP.
Funds guaranteed or held in escrow accounts in federal or
common charted lending institutions with offices in Northampton County
or irrevocable letters of credit issued by such institution.
A watertight receptacle, whether permanent or temporary,
which receives sewage via a water-carrying system and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another facility.
A nonprofit or for-profit corporation controlled by a board
of directors which administers bylaws and rules and regulations governing
all and/or common area in a residential development.
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.
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 any waters of the commonwealth or by means of
conveyance to another site for final disposal.
Any liquid, gaseous, radioactive, solid or other substance
resulting from manufacturing, industry or other operations which is
not sewage. The term shall include all such substances whether or
not generally characterized as waste. These shall not be discharged
to any on-lot disposal system.
Any of the several different types of sewage stabilization
ponds or oxidation ponds employed to treat sewage by aerobic and/or
anaerobic decomposition. Lagoons are generally followed by land application
or stream discharge of effluent.
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure, including any additions to existing nonresidential buildings
or conversions of residential to nonresidential buildings with additions;
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features; or
A subdivision of land.
An individual or community on-lot sewage system with design
capacity to discharge subsurface sewage flows that are in excess of
10,000 gallons per day. These systems require a water quality management
permit issued by PADEP.
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, which would not be further subdivided.
An entity, either private or public, formed for the purpose
of managing water and/or wastewater facilities. Types of management
agencies include municipal authorities, municipal governing bodies,
private corporations, private engineering or technical service firms,
etc.
A city, incorporated town, township or borough.
Limiting the expansion of centralized wastewater facilities
by encouraging on-lot disposal systems where feasible and economical.
A comprehensive plan for the provision of adequate sewage
systems adopted by a municipality or municipalities possessing authority
over the provision of such systems and submitted to and approved by
the Department as provided by the Pennsylvania Sewage Facilities Act
537[1] and Chapter 71,[2] Rules and Regulations, promulgated thereunder.
A method of managing on-lot sewage disposal systems, which
has as its general goal the installation of sound OLDS and the assurance
that new and existing OLDS are properly operated and maintained.
A system of piping, tanks and/or other components serving
a residence or establishment, usually on a single lot, by collecting,
treating and disposing of sewage in whole or in part into the soil
or into waters of this commonwealth.
An agreement regulating the operation and maintenance of
an OLDS.
Acronym for the Pennsylvania Department of Environmental
Protection which is a cabinet level agency with broad authorities
granted by legislation to protect Pennsylvania's many environmental
resources. The PADEP is responsible for overseeing the plans, designs,
and construction of wastewater treatment facilities throughout the
state.
Financial security accompanied by a written promise to pay
the Township a sum of money to secure the performance of an installed
sewage system. The purpose of such a performance bond is to guarantee
proper function and operation and maintenance of such a system for
a specified period of time.
Any individual, partnership, company, association, corporation
or other group or entity.
Tall, slender spires of carbonate bedrock. Pinnacles are
formed from the chemical dissolution of carbonate rocks along planes
of weakness (joints and fractures). Pinnacles can be at the surface,
just below, or deeper.
A network of piping within an absorption area such as an
elevated sand mound, through which treated sewage effluent is pumped
to assure equal distribution throughout the absorption area.
Method by which a property owner verifies that his/her on-lot
sewage system has been cleaned to remove septage.
The legal, beneficial, equitable owner or owners of land,
including the holder of an option or contract to purchase (whether
or not such option or contract is subject to any conditions), a lessee
(if he is authorized under the lease to exercise the rights of the
landowner), or any other person having a proprietary interest in land.
A for-profit or nonprofit corporation controlled by a board
of directors which administers bylaws and rules and regulations governing
all lots and/or common area (open space) in a nonresidential development
such as an industrial park.
That part of an OLDS management program which, through an
on-lot system inspection process, seeks to ensure that individual
and community sewage systems are operated and maintained properly.
A structure occupied or intended to be occupied by not more
than two families on a tract of land of 10 acres or more.
A type of domestic sewage treatment and disposal system,
used where soil absorption of effluent is not possible, which utilizes
a septic or aerobic tank followed by a sand filter and disinfection
before discharge of treated effluent to a drainageway.
Pennsylvania Statute 53 (53 P.S. § 65101 et seq.)
outlining laws relating to townships of the second class. The act
as amended became effective July 1, 1947.
A type of subsurface absorption area that is more adaptable
to limited space than are standard trench systems.
The residual scum and sludge pumped from septic systems.
A sewage treatment tank that provides for anaerobic decomposition
of sewage prior to discharging effluent to an absorption area.
A substance that contains 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 Clean Streams Law (35 P.S. §§ 691.1
to 691.1001).
Funnel-shaped or steep-sided depressions in the land surface
that are caused by the dissolution and collapse or subsidence of the
roofs of subterranean caverns in carbonate geologic formations. In
size, they can vary from a few feet to more than 100 feet in width.
A type of absorption area consisting of two or more trenches
which are 12 inches to 36 inches deep, one foot to six feet wide,
a maximum of 100 feet long and adequately spaced apart to allow for
the uniform spreading of effluent over the entire absorption area.
Any of the several types of sewage systems which ultimately
dispose of treated effluent into the surface waters of the commonwealth.
Such systems require a permit from the PADEP.
The division or redivision of a lot, tract or other parcel
of land into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, transfer of ownership or building or
lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or residential
dwellings, shall be exempted.
Forks Township, Northampton County, Pennsylvania.
A permanent or intermittent stream, river, brook, creek,
run, channel, swale, pond, lake or other body of water, whether natural
or man-made, for gathering or carrying surface water.
Rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, ponds, springs and
all other bodies or channels of conveyance of surface and underground
water or any of their parts, whether natural or artificial within
or on the boundaries of this commonwealth.
The following programs are hereby enacted to improve on-lot disposal system (OLDS) installation, operation and maintenance. These programs apply to both existing and new OLDS in conjunction with appurtenant ordinances as outlined in § 150-102 of this article.
The Board of Supervisors of Forks Township shall annually appoint
one or more certified sewage enforcement officers (SEO) as its dedicated
official to carry out the duties specified in this article. Such officer
shall serve until he resigns, is dismissed by the Supervisors, or
has his certification suspended or revoked by the Department. All
SEOs shall abide by the standards of conduct specified in Chapter
72 of the Department's regulations.[1] Violation of any of these standards shall be grounds for
dismissal by the Supervisors.
[1]
Editor's Note: See 25 Pa. Code Chapter 72.
A.
The Township Planning Commission shall review all subdivision/land
development plans containing OLDS system design and layout details
for conformance with the Official Sewage Facilities (Act 537) Plan,
this article, and all applicable ordinances. In addition to this general
planning function, all Township officials (e.g., Supervisors, Planning
Commission, Zoning Officer, building inspector, etc.) shall include
the provisions of the OLDS program in their respective duties and
functions.
B.
On-lot sewage disposal systems shall be encouraged wherever feasible
and economical throughout Forks Township. The following OLDS planning
policies foster the nonsewered approach and the conservation of groundwater
resources:
(1)
Limit expansion of existing centralized sewage facilities by
encouraging on-lot systems.
(2)
Maintain OLDS ownership with the individual property owner,
homeowners' association, or developer.
(3)
Encourage the use of innovative sewage facilities that reduce
water consumption and sewage generation.
(4)
Recycle sewage by relying upon individual OLDS and community
OLDS for groundwater recharge via either subsurface or surface disposal
of treated sewage effluent.
(5)
Promote subsurface disposal of effluent wherever possible.
(6)
Restrict community subsurface systems to pressurized distribution
systems.
(7)
Encourage water conservation and sewage flow reduction by the
use of water-saving devices, nonwater toilets, sewage effluent recycling
and reuse, and other state-of-the-art water conservation methods.
(8)
Require, via a separate water conservation ordinance, that all
newly constructed residential, commercial, industrial, agricultural,
recreational, governmental, or public buildings or structures of any
kind have installed water-saving fixtures. Such fixtures will reduce
the quantity of water required to flush toilets and will reduce the
flow rates of showers and faucets.
The organizational format for OLDS management in Forks Township
is outlined in Table 1 of this article.[1]
A.
System ownership and maintenance. All individual OLDS shall be owned
and maintained by the property owner. All community OLDS shall be
offered for dedication to the Township or agency designated by the
Township or owned and maintained by a homeowners' association. The
operator of all community sewage facilities must be licensed by PADEP.
B.
Financial requirement. Financial requirements for all new systems
shall be as follows:
(1)
Individual conventional subsurface systems: none required.
(2)
Individual residential spray irrigation systems (IRSIS), individual
small-flow stream discharge systems, and individual alternate and
experimental systems: $3,000 performance guarantee for the life of
the system to be deposited with the Township by system owner. The
escrow shall be replenished as required in an operation and maintenance
agreement governing the escrow executed prior to the installation
of the OLDS.
(3)
Community systems (all types) construction escrow: 110% of the
estimated construction cost as approved by the Township Engineer.
This escrow is to be held until construction is completed to the satisfaction
of the Township Engineer.
(4)
Community systems (all types) performance guarantee (i.e., operation
and maintenance (O&M) fund): a cash escrow in an amount equal
to two times the estimated annual O&M to be retained by the Township
for the life of the system. The escrow shall be replenished as required
in an O&M agreement, executed prior to the start of construction.
C.
Township's right of entry. The Township, for the purpose of examining
the system, has right to enter at reasonable times upon any premises
in the Township upon which there is suspected to be any nuisance or
public health hazard, or threat to the public health, safety and welfare.
D.
Required pumping and inspection of OLDS.
(1)
All on-lot disposal systems utilizing a septic tank as a primary
treatment unit shall be pumped on the following schedule at a minimum:
(a)
Individual subsurface systems: once every three years. Additionally,
the system shall be pumped out more frequently if required per the
pumper/inspector recommendations.
(b)
IRSIS: annually, or as otherwise specified in the Township O&M
agreement.
(c)
Community systems (all types): annually, or as otherwise specified
in the Township O&M agreement.
(d)
Alternate and experimental systems: annually, or as otherwise
specified in the Township O&M agreement.
(2)
All aerobic unit systems shall be inspected annually for proper
operation and certified to be in good working order.
E.
OLDS pumping and inspection procedures.
(1)
It is the responsibility of the property owner to have a Township-registered
pumper/inspector perform the necessary work. A list of registered
pumpers/inspectors can be obtained from the Township.
(2)
A pumper/inspector report (See Appendix B[2]) must be completed during every site visit by a Forks
Township-registered pumper/inspector and given to the property owner
as proof of pumpout. In the event that cracks, leaks, inoperable baffles,
or a system malfunction are found by the pumper or inspector, both
the pumper/inspector and property owner must submit the pumper/inspector
report to Forks Township within 15 days of the work being completed.
Damage or system malfunction must be repaired within 60 days and the
property owner must submit a certification by the person performing
the repairs that the repairs have been completed. If the sixty-day
time limit cannot be met, the property owner may request relief from
the time requirement. The request for relief may, at the option of
the Township, be granted if the property owner has shown good cause
for the delay and if the property owner has demonstrated that the
repairs will be made at the earliest possible opportunity.
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
(3)
The following procedure shall be utilized in pumping and inspecting
an on-lot disposal system utilizing a septic tank as a primary unit:
(a)
Locate the septic tank and the absorption areas (tile field
trenches, seepage pits, elevated sand mound, etc.).
(b)
Locate the septic tank cleanout manhole and excavate around
the cover to prevent soil from falling into the tank when the cover
is removed. The owner shall be responsible to have the cleanout manhole
excavated whether by the sewage hauler or otherwise.
(c)
Remove cleanout manhole cover. Break up scum in the tank and
pump out a portion of the material in the tank. The inspection port
over the baffle shall not be used for pump-out as this may damage
the baffle and will not permit the tank contents to be thoroughly
mixed for pumping.
(d)
Reinject the pumped liquid back into the tank to further break
up the scum and mix the sludge at the bottom of the tank with the
liquid. Pump out the mixed material.
(f)
Inspect the empty tank for cracks, leaks, deterioration and
missing baffles. The tank shall not be entered for the purpose of
inspection. A mirror and light may be helpful to see inside the tank.
Note any problems with the tank. Acid or chemical cleaner shall not
be used in the tank.
(g)
Replace the manhole cover carefully and securely.
(h)
If the cleanout manhole is buried deeper than a foot, risers
shall be installed over the cleanout manhole and inspection port to
facilitate future cleaning and inspection. The riser cleanout manhole
should be 24 inches in diameter.
(i)
Backfill over the cover or around the riser.
(j)
Make a visual inspection of the disposal area for seepage, breakouts,
etc., and note any problems.
(k)
Inform the property owner of any problems encountered with any
of the components of the system and, if possible, suggest corrective
measures.
(l)
Clean up any spillage. Dispose of the septage at any PADEP approved
disposal site.
(4)
Aerobic systems may not need to be pumped, but shall be inspected
by a qualified person to determine that they are in good working order.
F.
Registration of sewage haulers and inspectors.
(1)
Annual registration required. No sewage hauler, including those
persons delivering, picking up and cleaning portable sanitary facilities,
or inspector of aerobic systems shall engage in business within the
Township or offer such service within the Township without first registering
with the Township, on forms, hereinafter provided from the Building
and Zoning Office.
(2)
Application for registration. Applications for registration
issued hereunder shall be made upon forms prepared and made available
by the Township Building and Zoning Office which shall state at a
minimum:
(a)
The personal name, home address, and business name and address,
if any, of the applicant, and type of business organization under
which the business is operated (i.e., sole proprietor, partnership,
corporation, etc.).
(b)
For sewage haulers, the location, description, and listing of
the sewage hauling trucks owned, leased or operated by the applicant.
(c)
Experience and training of the operators of the vehicles proposed
for licensing or the inspectors.
(d)
For sewage haulers, the PADEP registration issued for the sewage
transportation vehicle, or vehicles being used.
(e)
Name, address, policy number, expiration date and policy limits
of applicant's liability insurance policies.
(f)
Such other information as the Building and Zoning Officer shall
find reasonably necessary to effectuate the purpose of this article
and to fairly determine the applicant's compliance with the terms
of this article.
(g)
The disposal site for septage is a PADEP or NJDEP licensed facility;
or where land application is utilized a current biosolids permit is
available.
(3)
Minimum standards. Each sewage hauler/inspector registering
with the Township, except persons who are registering to deliver,
pick up and/or clean portable sanitary facilities, shall submit proof
that:
(a)
The sewage hauler/inspector has pumping equipment which is capable
of reversing flow, or reinjecting pumped material back into the tank
to thoroughly mix the sludge and scum into pumped liquid.
(b)
Each vehicle carries a mirror or reflecting device and an appropriate
light source for inspecting tanks.
(4)
Insurance policies. The sewage hauler/inspector shall deliver
to the Building and Zoning Office certification of a general public
liability policy in a minimum amount of $1,000,000, which policy shall
be effective for a period of one year from the date of the application.
The Township shall be named as an additional insured on the insurance
certificate.
(5)
A sewage hauler or inspector who registers with the Township
shall agree in writing to abide by the regulations and procedures
of this article.
(6)
Revocation of status of registration sewage hauler/inspector.
The Township may revoke the registration made hereunder if the registration
was made fraudulently, or by making a false statement or statements
of a material fact, which, if disclosed at the time of the registration,
would have disqualified the registrant. The Township may also revoke
a registration if the sewage hauler/inspector violates the regulations
and procedures of the PADEP or this article.
(7)
Registration under this article shall not confer upon the sewage
hauler/inspector any status as an employee or independent contractor
of the Township, and payment for services rendered to the sewage hauler/inspector
shall be by the owner, operator or custodian of the system being pumped.
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
In accordance with § 150-103 of this article, an on-lot disposal system (OLDS) as defined in Table 1[1] of this article requiring an operation and maintenance
agreement (O&M) shall not be installed nor shall any building
be occupied until an OLDS O&M agreement, in a form deemed acceptable
by the Township, has been executed by the Township. The applicant
for a building permit for any subdivision or land development, which
will utilize such an OLDS, shall submit to the Township an OLDS O&M
agreement prior to filing of a building permit application.
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
To meet the requirements of § 150-113, an OLDS O&M agreement shall be submitted to the Forks Township Building and Zoning Office on any business day.
A.
The Building and Zoning Office shall forward one copy of the O&M
agreement to the Township SEO, Engineer, and Solicitor for review
and comment.
B.
The Township SEO may review the O&M agreement with the Township
Planning Commission, Township Engineer, Township Solicitor and other
municipal officials in order to determine approval, conditional approval,
or disapproval of the agreement.
A.
The Building and Zoning Office shall issue a Township OLDS O&M
agreement for IRSIS, individual small-flow stream discharge, alternate
or experimental OLDS after the Township has received a copy of the
sewage disposal system permit provided by the Township SEO, and in
the case of a large volume on-lot sewage system, a water quality management
permit from PADEP. In the case of new systems that require sewage
facilities planning approval, the property owner shall execute an
O&M agreement prior to sewage permit issuance by the SEO. This
section applies to new and replacement of existing OLDS.
B.
No OLDS as defined in Table 1[1] of this article requiring an O&M agreement shall be
installed nor shall any building be occupied until an OLDS O&M
agreement has been issued by the Township.
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
New OLDS installation. An application for an OLDS O&M agreement
for new construction shall include the following items:
A.
Two copies of the proposed O&M agreement in a form acceptable
to the Township. (See Appendix A for an example O&M Agreement).[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Two copies of the approved subdivision or land development plan,
except for situations in which an O&M agreement is required as
part of sewage facilities planning, in which event the proposed subdivision
or land development plan shall be submitted with the application.
C.
Two copies of the sewage disposal system permit including a copy
of the application for the permit with all approved maps, plans, and
narratives.
A.
Construction escrow.
(1)
As required by Table 1[1] of this article and as outlined below, the property owner
or agent of the owner shall file with the Forks Township Board of
Supervisors a construction escrow financial security for each community
OLDS. The construction standards and purpose and management of the
escrow shall be governed by a construction agreement and a financial
security agreement between the Township and the owner, in a form acceptable
to the Township.
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
(2)
Financial security shall be in the form of cash, an irrevocable
letter of credit, a restricted escrow account, or other form deemed
acceptable by the Township.
(3)
The amount of the construction escrow shall be as follows:
(a)
For conventional individual subsurface OLDS, there shall be
no construction escrow required.
(b)
For individual residential spray irrigation systems (IRSIS),
individual small-flow stream discharge systems and individual alternate
or experimental OLDS, there shall be no construction escrow required.
(c)
For all community OLDS, the construction escrow shall be 110%
of the estimated construction cost. The cost of the facilities shall
be established by submission to the Board of Supervisors of a bona
fide bid from the contractor or contractors chosen by the developer
or proper owner to complete the facilities reviewed and approved by
the Township Engineer. If the developer requires more than one year
from the date of posting of the financial security to complete the
required facilities, the amount of financial security shall be increased
by an additional 10% for the one-year period after the first anniversary
date of posting of financial security.
(d)
Construction escrow shall be released to property owner following completion of OLDS construction to the satisfaction of the SEO and Township Engineer, and upon posting of the performance guarantee required by § 150-117B(1)(c) of this article. Escrow funds shall be reduced by unpaid administrative, engineering, and legal expenses incurred during construction.
B.
Performance guarantee.
(1)
The Township requires a financial security performance guarantee
to ensure continued operation and maintenance of the system. As outlined
in Table 1[2] of this article, the following are the requirements for
performance guarantees for OLDS operation and maintenance:
(a)
For conventional individual subsurface OLDS, there shall be
no performance guarantee required.
(b)
Individual residential spray irrigation systems (IRSIS), individual
small-flow stream discharge systems, and individual alternate and
experimental systems shall require a three-thousand-dollar cash performance
guarantee for the life of the system to be deposited with the Township
by system owner. The escrow shall be replenished as required by the
O&M agreement.
(c)
For all community OLDS, the performance guarantee shall be a
cash escrow in an amount equal to two times the estimated annual cost
of operation and maintenance which shall be retained by the Township
for the life of the system. The cash escrow shall be provided by the
property owner, developer or contractor at the time of execution of
the O&M agreement, and must be verified as accurate by the Township
Engineer. The escrow shall be replenished as required.
[2]
Editor's Note: Table 1 is included as an attachment to this chapter.
A.
Any person or entity engaged in the construction of an OLDS as defined in § 150-108 of this article, or involved in the installation, operation and/or maintenance of any or all components of an OLDS, shall comply with all regulations and requirements of the PADEP permit and this article. Any such activity conducted in violation of this article or PADEP rules and regulations, or permit requirements, is hereby declared a violation of this article.
A.
Any person or entity who shall violate any of the provisions of this
article, or who shall fail to comply with any written notice from
Forks Township which describes a condition of noncompliance, shall
be guilty of an offense and, upon conviction thereof, shall be sentenced
to a fine of not more than $1,000 plus court costs, fees, and expenses.
A new and separate violation shall be deemed to be committed for each
day after receipt of the aforesaid notice that such violation exists.
B.
The penalties and remedies of this article shall be cumulative.
Any persons aggrieved by any action of the Building and Zoning
Office or the Township Sewage Enforcement Officer may appeal to the
Board of Supervisors of Forks Township within 20 days of that action.
