[Adopted 3-1-1994 by Ord.
No. 64]
As used herein, the following words shall have the meanings
herein described unless otherwise provided.
The Board of Supervisors of Lancaster Township, Butler County,
Pennsylvania.
A sewage facility for the collection of sanitary 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 of the
lots or at another site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
A person proposing development of land within the Township
for residential, commercial, or industrial purposes.
The Township's duly appointed engineer or engineering
firm which provides the Board with technical and engineering consultation.
As defined by the rules, regulations and manuals of the Pennsylvania
Department of Environmental Protection, as amended from time to time.
Any individual, partnership, company, association, corporation,
or other group or entity.
Lancaster Township, Butler County, Pennsylvania.
A.
A private community sewage system shall be permitted in the Township
where it may now be permitted by the official plan for the Township
or in such place in the Township as future revisions or amendments
of the official plan permit, all subject to the requirements of this
article and the rules and regulations promulgated hereunder.
B.
Publicly owned community sewage systems shall not be permitted in
the Township, unless the Western Butler County Authority shall agree,
in writing, to assume full responsibility for proper ownership and
maintenance thereof.
Any developer proposing the use of a privately owned community
sewage system shall submit an application therefor on a form provided
by the Township along with an application fee as established by resolution
of the Board to the Township, along with such drawings and other engineering
data as may be required by the Township for the Township Engineer.
The permit shall be applied for prior to or at the time of submission
of all documentation required by the Township of the development of
the site plan or proposed subdivision to the Planning Commission of
Lancaster Township for review, subject to the provisions and requirements
of this article and any and all other land development and subdivision
ordinances of the Township.[1] All such submissions shall be in conformity with the design
standards of the DEP, and the developer shall submit proof of final
approval of said design by the DEP prior to final approval by the
Township.
A.
Immediately after submission of application for a permit hereunder
and a subdivision or land development plan, the Township shall obtain
an estimate of the cost of review from the engineer, and prior to
any further action by the Township, the developer shall pay the estimated
cost of review to the Township. This sum shall be held in a segregated
fund and shall be utilized by the Township to pay review invoices
for the plan under consideration. Should the fund be exhausted or
approach exhaustion during the review process, the Township shall
obtain an estimate of the cost of additional review fees, and upon
receipt of communication of the same, the developer shall submit said
amount, which will be handled in the same manner as the initial fund.
Any balance remaining, upon completion of review expenses, shall be
returned to developer with an accounting for the funds expended by
Township.
B.
Prior to the adoption of the revision of the official plan or the
approval of developer's subdivision or site development plan,
one or more of the following shall be required:
(1)
The developer shall post a bond or other security sufficient to cover
the cost of construction of the improvements required in an amount
determined by engineer in a form approved by the Township Solicitor;
(2)
The developer shall post a bond or escrow account sufficient to cover
the costs of future operation, maintenance and replacement of the
sewage facilities;
(3)
The developer shall establish an escrow fund to cover the costs of
inspection by engineering during the construction of the proposed
facilities;
(4)
The developer shall establish a properly chartered association, trust,
or other private legal entity to assure long-term administration and
financing of an operation and maintenance program; and
(5)
The Township and its agents and employees shall have the right
of access to and may enter any building, property, lands, premises
or place as may be necessary to carry out the provisions of this article
and the rules and regulations promulgated hereunder. In connection
with such inspection or investigation, samples may be taken as required.
The Board is hereby authorized and empowered to adopt rules
and regulations concerning the subject matter of this article and
establishing a developer's agreement consistent with the provisions
hereof.
In addition to the penalties hereinafter provided, the Board
is authorized to file appropriate actions at law or in equity in the
Court of Common Pleas of Butler County, Pennsylvania, or before any
other body having jurisdiction over the persons and activities herein
related to abate any violations and remove any community sewage system
not owned, operated, maintained, or constructed in accordance with
the provisions of this article and the rules and regulations promulgated
hereunder. Violations of this article are hereby declared to be public
nuisances, abatable as such.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionally, illegality or invalidity shall not affect or impair
any of the remaining provisions, sentences, clauses, sections or parts
of this article. It is hereby declared as the intent of the Board
of the Township that this article would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not have been included herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates the provisions of this article or the
rules and regulations adopted hereunder shall, upon conviction in
a summary proceeding brought before a Magisterial District Judge under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus costs of prosecution. In default of payment thereof, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense.
