[Adopted 9-9-1986 by Ord.
No. 229-A (Ch. 18, Part 3, of the 2010 Code of Ordinances)]
The purpose of this article is to establish procedures for the
use and maintenance of holding tanks designed to receive and retain
sewage from commercial and residential uses where connection to sanitary
sewers is imminent, and it is hereby declared that the enactment of
this article is necessary for the protection, benefit and preservation
of the health, safety and welfare of the residents of the Borough
of Chalfont.
Unless the context specifically and clearly indicates otherwise,
the meaning of the terms used in this article shall be as follows:
The Borough of Chalfont, Bucks County, Pennsylvania.
Retail stores designed primarily to provide daily service
to residents of the surrounding area, personal service shops such
as beautician or clothes cleaning and pressing, retail service shops
such as a bakery, ice cream, grocery or similar shops, custom tailoring
or millinery shops, clock, watch or jewelry shops or household appliance
repair shops, offices and studios and banks or similar financial institutions.
Any person vested with ownership, legal or equitable, sole
or partial of any property located in the Borough.
Any individual, partnership, company, association, corporation
or other group or entity.
The owner of property and/or of a holding tank.
An approved residential unit with a sanitary sewer lateral
constructed and in place for use as soon as sanitary sewers are available.
Any substance that contains any of the waste products or
excrements or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful to the public
health or to animal or aquatic life or to the use of water for domestic
water supply or for recreation.
The Borough Council members and their duly authorized agents
are authorized and empowered to undertake within the Borough the control
and methods of holding tank sewage disposal for commercial and residential
use in the collection and transportation thereof.
The Borough Council is hereby authorized and empowered to adopt
such rules and regulations concerning sewage which it may deem necessary,
from time to time, to effect the purposes herein.
All such rules and regulations adopted by the Borough shall
be in conformity with the provisions herein, all other ordinances
of the Borough and all applicable laws and regulations of administrative
agencies of the Commonwealth of Pennsylvania.
The collection and transportation of all sewage from any commercial
or residential use utilizing a holding tank shall be performed under
the direction and control of the Borough and the disposal thereof
shall be only at such site or sites as may be approved by the Bucks
County Department of Health.
Before a holding tank may be installed to service a commercial
or residential use, the property owner shall:
A.
Obtain a permit for the holding tank from the Bucks County Department
of Health.
B.
File a copy of the Bucks County Department of Health permit, application
and sketch with the Borough Secretary.
C.
File with the Borough Secretary a copy of a written agreement between
the property owner and a contractor covering the periodic cleaning
of the tank.
D.
Deposit and/or post the sum of money or security, in the form and/or
amount as provided by the rules and regulations promulgated for this
article. These funds are to be held by the Borough and used only in
the event the Borough is required to perform any services or pay for
any services relative to the holding tank.
F.
Execute an agreement to hold the Borough harmless in the event of
a claim against the Borough arising from the operation of the holding
tank.
The owner of a property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this article or any
ordinance of this Borough, the provisions of any applicable law and
the rules and regulations of the Borough and any administrative agency
of the Commonwealth of Pennsylvania.
B.
Permit only persons authorized by the Borough to collect, transport
and dispose of the contents therein.
C.
Be responsible for the periodic cleaning or emptying of the holding
tank as well as the cost thereof.
Any obligation or duty assumed by the Borough under this article
shall be limited to holding tanks installed and used after the effective
date hereof.
[Amended 12-18-2001 by Ord. No. 326]
Any person who violates any provision of this article shall,
upon conviction thereof, 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 not to exceed 30 days. Each day that a violation
of this article continues or each section of this article which shall
be found to have been violated shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Where sanitary sewer lines are to be constructed as a part of
a development plan or as required by final approval developments,
the lines shall be installed according to the approved specifications
and capped. Whenever the sanitary sewer becomes available for use, the holding tank shall
be disconnected and disposed of and proper connection made to the
sanitary sewer within 45 days after notice to make connection.
In addition to any other remedies provided in this article,
any violation of this article shall constitute a nuisance and may
be abated by the Borough by either seeking appropriate equitable or
legal relief from a court of competent jurisdiction.
Determination of eligibility shall be as follows: (The items
in Subsections A through D shall be submitted to the Borough).
A.
Application, form, fee (as adopted by resolution of the Borough Council
from time to time).
B.
Project description.
C.
Construction plan.
D.
Public sewer potential, statement from Chalfont-New Britain Township
Joint Sewer Authority.
E.
Review by Borough Engineer, Borough Planning Commission, Zoning Officer
and Borough Council.
[Amended 12-18-2001 by Ord. No. 326]
Permit processing shall be as follows:
B.
A.
Escrows are to be determined by Borough Council within the written
agreement, subject to minimum fees set forth in the fee resolution
as adopted by Borough Council from time to time.
B.
All escrows shall be established with the Borough of Chalfont by
way of cash or certified check or irrevocable letter of credit or
bond with surety to be held by the Borough of Chalfont. This escrow
may be used by the Borough of Chalfont, when necessary, should an
emergency situation call for the expenditure of public funds to alleviate
such emergency.
C.
In the event the escrow funds are used by the Borough of Chalfont as per Subsection B above, the owner of the holding tank shall reimburse the escrow fund for all funds spent plus 20% of the expended funds, which shall be retained by the Borough of Chalfont to cover the administration expenses incurred. Failure to reimburse the escrow fund within 45 days of written notice from the Borough of Chalfont shall be considered a violation of this article and cause the forfeit of the holding tank permit, at the Borough's option. Upon the complete removal of the holding tank, the Borough of Chalfont shall return to the owner all escrow funds then held by the Borough.
D.
A permit fee shall be required in addition to the application fee,
review fee and escrow fee, which shall be for the purpose of reimbursement
to the Borough of Chalfont for the expenses incurred as a result of
plumbing inspections required by the installation of said tank. The
permit fee shall be in an amount equal to 10% of the established escrow
fee.
[Amended 12-18-2001 by Ord. No. 326]
No permit shall be issued by the Borough of Chalfont until such
time as the following requirements have been met:
A.
The application fee has been paid.
B.
The review fee has been paid, including any additional expenses.
C.
Written agreement has been approved by the Borough Council and executed
by both parties.
D.
Escrows have been paid.
E.
Permit from Bucks County Board of Health and the Department of Environmental
Protection, if required, has been forwarded to the Borough of Chalfont.
F.
Permit fee has been paid.
A.
The applicant shall give no less than three days' notice to
the Borough of Chalfont prior to commencing installation.
B.
All tank installations are to conform to the requirements of this
article. The Borough of Chalfont reserves the right to suspend installation
at any time by way of verbal and/or written notification should the
tank installation at any time be in violation of this article, state,
county or local regulations, including Uniform Construction Code provisions,
and the holding tank agreement.
C.
No construction may begin or restart until such time approval is
given by the Borough of Chalfont Building Official.
All removal and disposal of the holding tank shall be in compliance
with the written agreement and shall require notice to the Borough
of Chalfont no less than 15 days prior to the start of removal or
disposal.
The owner of each holding tank shall agree to maintain and be
responsible for the holding tank, subject to the terms and conditions
stated in the previous sections, until such time as a new agreement
and escrow has been established between the next property owner and
the Borough of Chalfont.
