[Adopted 4-3-2000 by Ord. No. 135]
A. 
Certain segments of waters of the commonwealth lying within New Garden Township have been designated as exceptional value waterways by action of the Department of Environmental Protection of the Commonwealth of Pennsylvania.
B. 
New Garden Township recognizes the desirability of maintenance of water quality within the streams or segments thereof so designated.
C. 
There is a potential for pollution of such streams and the degradation of the water quality therein by failure to maintain on-site sewage facilities within the watershed of such streams.
D. 
Certain areas within the Township are not within the drainage area of exceptional value waterways, but are served by on-lot subsurface systems and/or elevated sand mounds and these systems are prone to failure if not properly maintained. Such failures may lead to contamination of groundwater resources, raw sewage surface overflows and other conditions relating to the public health and safety.
E. 
Certain areas of the Township are currently served by public sewage facilities, but it is not contemplated that the entire Township will be served by such facilities in the foreseeable future, nor would financial constraints or existing needs permit or require such expansion.
F. 
In order to assure the protection of the public safety and health, preserve groundwater resources, protect on-site water wells and avoid the necessity of unwarranted expansion of public sewers in areas where sound planning would not otherwise have required such action, the Board of Supervisors considers on-site sewage facilities maintenance as an integral part of the Township's sewage facilities planning responsibilities.
G. 
The Board of Supervisors of New Garden Township desires to assure that the sewage facilities located within the protected sewage district are properly maintained thereby preventing such pollution and degradation.
[Amended 10-18-2021 by Ord. No. 250]
A. 
This article shall apply to and only to lands within the protected sewage district of New Garden Township as hereinafter established.
B. 
The protected sewage district shall include all areas within the Township not within an approved sewer service territory or not presently served by the public sewage collection system and all buildings within areas served by public sewers but not connected thereto.
C. 
As additional areas, lots or buildings are connected to public sewers, the issuance of sewer connection permits therefor shall constitute a pro tanto revision of the protected sewage district by deletion of the lot connected from the protected sewage district.
D. 
If any building or lot shall for any reason ceases to be served by public sewers, such termination of service shall constitute a pro tanto revision of the protected sewage district by addition of the lot so disconnected into said district.
E. 
As used herein, the term "public sewers" shall not be construed to include any community system. Such systems shall be included within the protected swage district unless and until dedicated to and accepted by the Township.
A. 
Authority. This article is adopted pursuant to the regulations adopted by the Department of Environmental Protection of the Commonwealth of Pennsylvania as promulgated and published at Title 25, Pennsylvania Code, Section 71.73, and the Second Class Township Code of the Commonwealth of Pennsylvania, 53 P.S. § 1901-A et seq.
B. 
Purpose. The purpose of this article is to assure proper maintenance of on-lot sewage facilities within the protected sewage district.
C. 
Disclaimer. The regulations herein promulgated are considered by the Board of Supervisors to be the minimum regulations necessary to protect the public health, safety and welfare. Nothing contained herein, however, shall be construed to impose any duty on the part of New Garden Township, its officers, agents, servants, or employees, for the benefit of any person or entity owning, possessing, residing or occupying any lands or property or having any riparian or other water rights or privileges, nor shall there be imposed upon the Township, its officers, agents, servants, or employees, any liability, expressed or implied, from or arising out of the performance, nonperformance, or malperformance of any duty promulgated or assumed under this article. It is expressly understood that all acts undertaken are to assist in the governing of the Township and not for the benefit of any person, entity or property. By adoption of this article, the Township shall not be deemed, and does not waive, the protection of governmental immunity that is hereby reserved in all respects to the greatest extent permitted by law.
A. 
Copies of this article shall be forwarded to and maintained by the Secretary of New Garden Township, the Chester County Department of Health and the Pennsylvania Department of Environmental Protection as public documents, where the same may be inspected during ordinary business hours and copied at the cost of reproduction.
B. 
All building permits and certificates of occupancy issued by New Garden Township for the construction, maintenance, use and occupancy of any buildings, structures or lands within the protected sewage district, and all deeds of conveyance therefor, shall contain the following legend thereon:
"The lands and buildings, the subject of this permit, are located within the protected sewage district of New Garden Township and are subject to the provisions of Ordinance No. 135."
C. 
All agreements of sale for any lot upon which there is erected or to be erected any dwelling house not previously conveyed as such shall contain the following legend in bold type:
"The premises, subject to this conveyance, has no community sewage system available and a permit for an individual sewage system will have to be obtained pursuant to Section 7 of the Sewage Facilities Act. The Chester County Department of Health is the local agency charged with administering this Act and Buyer should contact the Chester County Department of Health before signing this contract to determine the procedure and requirements for obtaining a permit for an individual sewage system if one has not already been obtained. Take notice that the terms 'community sewage system' and 'individual sewage system' shall be construed to exclude any drainage system for the control of surface water or the control of stormwater runoff.
"The lands and buildings, the subject of this permit, are located within the protected sewage district of New Garden Township and are subject to the provisions of Ordinance No. 135."
A. 
It shall be the duty of the Township Secretary to:
(1) 
Maintain a file for each lot for which a sewage permit shall have been issued within the protected sewage district, incorporating therein copies of the building permits and certificates of occupancy with the mandated legend required in § 152-21 above noted thereon, and copies of all reports, inspections, certifications, and receipts required under the terms of this article with reference to said lot. All such files shall be deemed public documents subject to public inspection;
(2) 
Maintain a diary or other appropriate system to bring to the Secretary's attention any system within the protected sewage district wherein no pumping and inspection report has been filed with the Township within three years of the date of the certificate of occupancy or the last mandated filing;
(3) 
Receive and maintain copies of all reports filed with the Department of Environmental Protection or the Chester County Department of Health relating to any community sewage system within the district, any notices of violation or citations relating thereto and a record of all buildings connecting thereto or disconnecting therefrom;
(4) 
Consult and cooperate with the Township Engineer to bring to the Engineer's attention necessary action to secure compliance by lot owners subject to this article and the terms thereof;
(5) 
Receive, collect and account for all fees established by the Board of Supervisors for the administration of this article; and
(6) 
Bring to the attention of the Board of Supervisors and the Township Solicitor all violations of this article and take such actions, including prosecution, as may be directed by the Board of Supervisors to secure compliance.
B. 
The Board of Supervisors shall by resolution from time to time establish, amend and repeal a schedule of fees for the administration of this article and the activities mandated thereby.
A. 
Each lot owner within the protected sewage district shall contract for and secure the removal of septic and other solids from treatment tanks serving said lot not less than once every three years or at such more frequent intervals as may be required whenever an inspection reveals the treatment tanks are filled with solids in excess of 1/3 the liquid depth of the tank or with scum in excess of 1/3 the liquid depth of the tank. A copy of the receipt by the septic pumper/hauler shall be delivered to the Township promptly upon receipt thereof as evidence of compliance with the mandates of this article.
B. 
The lot owner shall maintain at all times the surface contouring and take such measures as may be necessary consistent with Chapter 73 of the regulations of the Department of Environmental Protection relating to sewage disposal facilities, to divert storm water away from the treatment facilities and absorption areas and protect the absorption areas from physical damage.
C. 
All dwellings within the protected sewage district, whether or not connected to a community sewage facility, to which this article applies shall have installed water conservation devices to reduce hydraulic loading to the sewage system. These devices shall be consistent with the regulations of the Delaware River Basin Commission. This requirement shall apply only to buildings or lots for which a building permit or a certificate of occupancy for change of use or initial use is issued subsequent to the effective date of this article or is otherwise required by any other applicable ordinance of New Garden Township.
D. 
Each lot owner within the protected sewage district shall inspect or cause to be inspected the sewage facility or system on his lot periodically, but not less frequently than annually, to determine that the electrical, mechanical and chemical components of the sewage facilities on the lot, as well as the collection, conveyancing, piping, pressure lines, alarms, pumps and other devices forming a part thereof are in good order and repair; and shall further immediately perform such repairs or corrections as may be necessary to assure that the same are in good order and repair at all times.
E. 
All solids removed from treatment tanks shall be removed by licensed septic pumpers/haulers and disposed of in accordance with law, all consistent with the Solid Waste Management Act and the regulations promulgated thereunder.
F. 
All community sewage systems within the district shall be maintained in accordance with all applicable rules and regulations of and in accordance with all conditions of the permit issued by its permitting agency. All such community sewage systems are subject to periodic inspection by the Township, or its duly authorized representatives, to verify compliance with the conditions of the permit issued for its construction, use and maintenance. The Township's right of inspection shall impose no duties or obligations upon the Township. Further, the owner and/or operator of such community sewage system shall be obligated to operate and maintain the system in accordance with each of the provisions of this section, in addition to any other and all provisions and conditions of the permit issued for its construction, use and maintenance.
G. 
Copies of all reports, notices and other correspondence to or from the permitting agency sent or received by the permittee of any community sewage system within the district shall be filed with the Township Secretary.
[Amended 10-18-2021 by Ord. No. 250]
A. 
Any person who or which violates any provision of this article upon being found liable thereof in a criminal summary enforcement proceeding, pay a fine of not more than $1,000, plus court costs, and may be incarcerated for a period not exceeding 90 days for each and every violation. Such fine, costs, and incarceration, after being reduced to a final, unappealed judgment, shall be enforced by the Township pursuant to the applicable Rules of Criminal Procedures. Each thirty-day period during which failure to comply continues shall constitute a separate violation. This remedy shall be in addition to any other lawful remedies available to the Township.
B. 
The maintenance of sewage facilities in the protected sewage district which are in violation of the provisions of this article are declared to be a public nuisance abatable as such, and the Township shall have access to all legal and equitable means for the abatement of a public nuisance in addition to the powers granted hereunder.
This article shall become effective immediately upon enactment thereof and shall apply to all sewage systems or facilities of whatever nature located within the protected sewage district of New Garden Township.