The purpose of this article is to establish the requirement
of our Building Permit Issuant to delay issuing a building permit
unless he/she has seen one of the following sewage authorizations
for the building and property in question.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows.
AGENCY
"Cross Creek Township," Washington County, Pennsylvania,
or their designee.
BUILDING
Any structure requiring a building permit that also requires
sewage authorization per the rules of the PA DEP Sewage Facilities
Act of Pennsylvania and known as "Act 537."
OWNER
Any person vested with ownership, legal or equitable, sole
and partial, of any property located in the Township of Cross Creek.
PERSON
An individual, partnership, company, association, corporation
or other group or entity.
SEWAGE AUTHORIZATION
Any of the following:
A.
On-lot sewage septic system permit.
B.
Deemed adequate confirmation for connection to an existing system.
C.
Deemed adequate confirmation for the ten-acre exemption system.
D.
Commercial holding tank permit.
E.
Receipt of the tap-in fee for a public sewer line.
The Agency is hereby authorized and empowered to adopt such
rules and regulations concerning permit issuing which it may deem
necessary; from time to time to affect the purpose herein.
All such rules and regulations adopted by the Agency shall be
in conformity with the provisions herein, all other ordinances of
the Township and all applicable laws, applicable rules and regulations
of administrative agencies of the Commonwealth of Pennsylvania.
Any person who violates or permits a violation of §
233-45 of this article shall, upon being found liable therefor, in an enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not less than $300 nor more than $500, plus all court costs, including reasonable attorney fees incurred by the Township. No judgment shall be commenced or imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are herby authorized to issue a cease-and-desist notice and/or to seek equitable relief, including judgment, to enforce compliance herewith. No bond will be required if injunctive relief is sought by the Township.
All ordinances or resolutions or parts of ordinances or resolutions,
insofar as they are inconsistent herewith, be and the same are hereby
repealed.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, 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 Supervisors of the Cross Creek Township that this article
would have been adopted had such constitutional, illegal or invalid
sentence, clause, section or part thereof not be included therein.
This article shall take effect on immediately upon adoption.