[Adopted 8-13-1998 by Ord. No. 98-4]
A.
The purpose of this article is to establish procedures
for the design, installation, use and maintenance of community sewage
disposal systems (hereinafter referred to as "CSDS") designed to receive,
treat and dispose of sewage from sanitary sources. 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
inhabitants of this Township.
B.
This article is intended to provide a method of sewage
treatment and disposal under circumstances where the Township does
not have the capability to convey, treat and/or dispose of sewage
via a Township or Township authorized agency's publicly held conveyance,
treatment and/or disposal system, and where the construction, use
and maintenance that are or may be associated with individual sewage
disposal systems pose or may present potential health risks.
A.
No person shall construct, own, operate or maintain,
or suffer to be constructed, owned, operated or maintained, any CSDS
on his lands, nor shall any person own, operate, erect or maintain
any CSDS on lands of another unless a permit therefor has been issued
by the Board of Supervisors of Upper Frederick Township, the Department
of Environmental Protection (hereinafter referred to as "DEP") or
the Montgomery County Health Department (hereinafter referred to as
"Health Department"), and security has been posted with the Board
of Supervisors, which permit and security shall remain unexpired,
unsuspended and unrevoked.
B.
Any such permit or permission issued by the Board
of Supervisors shall be limited to a maximum of three years, or such
other time as the Board may deem proper under the circumstances. If
construction has not commenced within three years of any permit to
construct a CSDS is issued by the Board of Supervisors, said permit
shall be considered null and void, unless extended by specific action
of the Board.
As part of any zoning and subdivision approval
proposing the use of a CSDS, compliance with the terms of this article
shall be a condition of any such approval, including the condition
that the system be subject to a continuing offer of dedication to
the Township. All CSDS, as herein defined, to be constructed shall
have, as the official permittee, the Township of Upper Frederick,
as required by the Township's Act 537 plan. The provisions set forth
in this section shall be memorialized in appropriate textual notes
prominently set forth on the approved final subdivision and land development
plan.
As used herein, the following terms shall have
the meanings herein described, unless otherwise provided:
The Board of Supervisors of Upper Frederick Township.
An interest bearing fund which is established for or by the
Board with monies contributed by each CSDS developer for the purpose
of financing major equipment and facility repair, replacement or upgrade.
A separate capital reserve fund shall be established for each CSDS.
Any sanitary sewage treatment and disposal system which treats
and disposes of sewage from two or more lots, and for the treatment
or disposal of sewage on one or more lots or at any other site, utilizing
subsurface absorption, stream discharge, spray irrigation or other
method specifically authorized by the Department of Environmental
Protection or the Montgomery County Department of Health; specifically
excluding any treatment or disposal system that serves only one lot.
The bureau or office of the Department of Environmental Protection
of the Commonwealth of Pennsylvania which administers the issuance
of permits and enforces regulations promulgated by the Environmental
Quality Board governing the issuance of permits for CSDS.
Standards for CSDS established by DEP, as well as all relevant
installation and locational standards established by this article.
The Township's duly appointed engineer or engineering firm
which provides the Board with technical and engineering consultation.
The Montgomery County Department of Health.
Any property within the Township upon which there is erected
a structure intended for continuous use by individuals and from which
structure sanitary sewage shall or may be discharged.
Any individual, partnership, company, association, corporation
or other group or entity.
Any substance that contains the waste products or excrement
or other discharge from the bodies of human beings, and any noxious
or deleterious substance being harmful or inimical to the public health
or to animal or aquatic life, or to the use of water from domestic
water supply or for recreation. Specifically excludes wastewaters
of industrial origin.
Upper Frederick Township, Montgomery County, Pennsylvania.
A.
The collection, treatment and disposal of all sewage
from any improved property utilizing a CSDS shall be done solely by
the Board, or its authorized representative.
B.
The Board is hereby empowered to undertake, within
the Township, the control of methods of CSDS design, installation
and operation.
C.
The Board may enter into or acquire escrow agreements,
construction and performance bonds and engineering services to ensure
CSDS are designed, constructed and operated in accordance with the
terms of this article.
D.
The Board, or its assignee, is empowered to take ownership
of all operating CSDS within the Township. Method and manner of possession
of CSDS will be as dictated by the terms of this article and the laws
of the Commonwealth of Pennsylvania.
E.
The Board may operate, maintain, improve and/or abandon
any CSDS owned by the Board.
Before any permit to construct a CSDS is issued
to any person in Upper Frederick Township, the following conditions
shall have occurred:
A.
The official sewage facilities plan of Upper Frederick
Township has been revised, indicating the use of CSDS for the property,
as approved by the Board and DEP.
B.
The owner has received approval from the Board, DEP
and/or the Health Department of all applicable soil analysis and land
planning modules.
C.
The owner has complied with all relevant sections
of this article with regard to design specifications, applications
and permitting procedures.
A.
Any person desiring to construct a CSDS on lands within
Upper Frederick Township shall file a CSDS application (Part A) on
a form supplied by the Board of Supervisors. The application shall
include three copies of the plans and specifications of the proposed
collection, treatment and disposal system sealed by a professional
engineer licensed in the Commonwealth of Pennsylvania, with appropriate
approved sewage planning module and other material necessary to demonstrate
compliance with the terms of this article. The application fee shall
be in an amount as determined from time to time by the Board of Supervisors.
Said fee is nonrefundable.
B.
The owner shall make such changes to the design of
the proposed CSDS as required by the design standards contained herein,
and as determined by the Township's Engineer to be technically necessary
for the safe, efficient and economical operation of the CSDS.
C.
Upon review and approval of the application by the
Board of Supervisors, a Part A permit shall be issued and the application
shall be forwarded to DEP, who shall process the application in accordance
with the regulations administered by DEP. Any review by DEP shall
only be preliminary to final (Part B) permit approval by the Upper
Frederick Township Board of Supervisors.
Upon approval of DEP, the owner shall file a
CSDS construction permit (Part B) application on a form supplied by
the Board. Said application shall include a Pennsylvania Department
of Environmental Protection or Health Department sewerage permit (if
applicable), plans and specifications of the CSDS and an application
fee. The fee for the Part B permit shall be in an amount as established
from time to time by the Board of Supervisors and must accompany the
application. Said fee is nonrefundable. Before any permit to construct
a CSDS is issued to any person in the Township, all of the following
conditions shall have occurred:
A.
The owner has provided the Board of Supervisors with
an adequate escrow account for the total construction cost, including
inspection by the Township's Engineer and start-up costs. The amount
of escrow shall be determined by the Township's Engineer.
B.
Any person desiring to construct a CSDS on lands within
Upper Frederick Township shall establish a capital reserve fund in
the name of Upper Frederick Board of Supervisors. Said fund shall
be dedicated to the use of the Board, at its sole discretion, for
the repair, replacement or upgrade of CSDS equipment and facilities.
Said fund shall be initially established upon the first connection
to the CSDS at an amount equal to, but not less than, 5% of the value,
or as determined by the Township's Engineer, of the CSDS as installed.
If the fund is diminished due to expenditures for the repair, replacement
or upgrade of facilities, it shall be replenished by the users of
the CSDS through the Board's rental billing in the year subsequent
to the expense.
C.
The owner agrees to provide the Board with a maintenance
bond equal to 15% of the construction cost and valid for a period
of 18 months, from the date of acceptance of dedication to the Township.
D.
The owner has provided the Board of Supervisors with
all financial documents and the proper documents for transfer of the
CSDS to the Township. Transfer of ownership shall not occur until
conditions specified in this article have been met.
F.
The construction permit shall be issued after approval
by the Township Board of Supervisors.
G.
The owner shall have offered, subject to the favorable
review of the Township, a declaration binding all lot owners to use,
operate and contribute to the system.
A CSDS construction permit will be null and
void at such time as any of the following occur:
A.
The DEP or Health Department permit expires or is
revoked.
B.
The expiration date specified by permit occurs.
C.
The Board of Supervisors revokes the permit.
D.
The holder of the permit violates any of the conditions
of the DEP or Health Department permit or Board of Supervisors permit,
or violates any DEP or Township regulations for CSDS as established
by this article.
A.
Design of a CSDS shall be in accordance with specifications
presented herein, and standard specifications as may be adopted by
the Board prior or during design of the CSDS. Design criteria for
onlot systems shall be based upon the results of subsurface soil investigations
as required by 25 Pa. Code, Chapter 73. Conformance with aforementioned
standards shall be so noted on the design drawings and specifications.
The Board shall have final control over design standards.
B.
Design and installation of CSDS shall be subject to
the approval of the Upper Frederick Township Board of Supervisors.
All drawings and specifications shall be to the level of detail required
for construction prior to the application for a Township Part B permit.
C.
In the case of onlot sewage disposal, a sufficient
back-up absorption area shall be provided adjacent to the primary
absorption area to accommodate 100% of the design flow of the treatment
facility. Said back-up area shall be completely tested at the same
time as the primary absorption area. Said back-up area shall be provided
in property to be dedicated to the Board of Supervisors.
D.
Except upon the approval and recommendation of the
Township's Engineer, an anaerobic treatment system with a tank volume
greater that 1,200 gallons, or which is designed to accommodate other
than two dwelling, commercial or industrial units, is not permitted
unless approved by the Board of Supervisors.
E.
Except where disposal conditions would warrant the
use of a normal septic system, a minimum level of aerobic secondary
treatment shall be provided. Specific site environmental conditions,
such as soil characteristics, groundwater, proximity of water supplies
to discharge, proximity of dwellings to treatment facility and discharge,
etc., may require more stringent treatment.
F.
All hydraulic process design criteria shall be based
on peak hourly flow.
G.
Grinder pumps shall be permitted. Design and construction
specifications, as well as inspection and monitoring standards, shall
be approved by the Township's Engineer.
H.
Sewage lift stations shall be provided with a comminutor
approved by the Township's Engineer and a bypass manual bar screen.
All wastewater entering into the treatment plant shall pass through
a screening device or comminutor prior to entering the wastewater
treatment process.
I.
Grease interceptors shall be provided in restaurants,
delis or other similar establishments. Such regulations shall be enforce
by withholding issuance of occupancy permits until compliance with
these regulations has been established.
J.
Emergency power transfer equipment shall be provided
for smaller facilities to allow hookup of a portable generator. Where
facilities are deemed sufficiently large by the Board, an emergency
generator and automatic transfer switch shall be provided as backup
power. In all cases, emergency standby power shall be in conformance
with DEP permits.
K.
Sufficient redundancy of all necessary systems and
subsystems shall be provided to eliminate downtime of facility.
L.
Except when a lagoon treatment is utilized, a separate
aerated tank for wasting sludge shall be provide.
M.
Failure of any equipment necessary for basic operation
of the CSDS shall be telemetered by an autodialer warning system.
The autodialer shall send the signal to a central monitoring location
at a location approved by the Township.
N.
Disposal of sludge shall be arranged with a licensed
sludge hauler/disposer. Said hauler shall be subject to approval by
the Board, DEP and/or the Health Department.
O.
Sufficient laboratory space and testing equipment
shall be provided to efficiently operate the CSDS.
P.
Control and operation of CSDS shall be as automated
as practical.
Q.
All equipment specified in the plans and specifications
submitted for the Township Part A or Part B permits shall be subject
to the approval of the Township's Engineer.
R.
The owner shall have the parcel for the proposed CSDS
surveyed and provide a legal description and a continuing offer to
dedicate without cost to the Township, all lands on which the sewage
treatment system is located, together with any alternate absorption
area, and any necessary easements in relation thereto including, without
limitation, those easements for the sewage collection system and the
disposal beds or areas and the easements for the provision of utilities
and access to, as well as repair and maintenance of, the treatment
collection systems.
S.
The owner shall provide a written agreement to furnish
the Township with record plans (as-built) of the completed CSDS and
any ancillary equipment or components. Also, a complete operation
and maintenance manual shall be provided prior to the start-up of
the facility.
T.
Easy access shall be provided for repairs and maintenance
of the system. This would include a paved driveway and parking areas,
as required. Proper safety enclosures (i.e., pumps, aeration tanks,
etc.) shall be required.
U.
Permanent pins and concrete monuments shall be accurately
placed at the intersection of all lines forming angles, and at changes
in directions of lines in the boundary (perimeter) of the property
on which the sewage treatment system is located. All pins and monuments
shall be placed by a registered surveyor.
A.
All CSDS shall be subject to inspection during construction
by the Board of Supervisors or its authorized agent. Any noncompliance
with the terms of this article, approved plans and specifications,
safety standards or other agreements shall be grounds for suspension
of permit and suspension of escrow fund releases.
B.
The Board of Supervisors or its authorized agent may
inspect, as deemed necessary, any component of any sewage system to
determine its compliance with the terms of this article.
C.
The Board of Supervisors or it authorized agent may
sample any sewage (treated or untreated), soils, surface and/or ground
waters in the disposal and/or treatment areas in all areas in and
contiguous to any CSDS.
D.
The Township's Engineer shall receive and approve
submittals (shop drawings) approved by the owner's engineer prior
to the installation of any equipment.
A.
The owner may request a draw down of CSDS construction
escrow account according to a payment schedule agreed upon with the
Township. Draw down or release from said escrow account shall, at
all times, leave remaining in the said account a fund equal to not
less than 110% of the installation cost of all uncompleted items designated
in the escrow agreement.
B.
Prior to dedication, the owner shall allow the Board
of Supervisors or its authorized agent access for inspection of CSDS
operation at any reasonable time.
The owner shall, from the date of system start-up,
and until acceptance of dedication by the Township:
A.
Contract with a licensed sewage treatment plant operator
acceptable to the Board of Supervisors for the day to day operation
of its system. The day to day operation of the system shall be governed
by a Board document detailing specific operation activities for the
system.
B.
Contract with an acceptable sewage treatment plant
contractor for required maintenance.
C.
Provide the Board with copies of operation and maintenance
contracts and records of all operation and maintenance activities
performed.
D.
Provide the Board with copies of all reports with
regard to plant operation and testing on a timely basis.
F.
Prior to dedication, provide all financial records
pertaining to construction, operation and maintenance of CSDS to the
Board of Supervisors.
A.
After CSDS has been operating successfully within
permit parameters for two successive quarters, with operating costs
having been completely offset by revenues derived from customers being
serviced, or at such earlier time as the Township deems appropriate,
owner shall offer said system for dedication to Township or its assignee
for the sum of $1.
B.
Immediately prior to such time as the Township or
its assignee accepts ownership of the CSDS, a facility audit shall
be conducted by the Township's Engineer. Any faulty equipment or processes
shall be corrected at this time by the owner at no additional cost
to the Township. If the owner fails or complete these corrective actions,
the Board may, at its discretion, draw monies from the escrow account
to pay for the cost of such corrections, including administrative,
legal and engineering costs.
C.
Prior to acceptance by the Township or its assignee
of ownership of the CSDS, the owner shall provide adequate training,
including operation and maintenance manuals, to the Board or the Board's
authorized representative.
D.
Prior to acceptance by the Township or its assignee,
the capital reserve fund shall be shown to have been established and
adequately funded.
A.
Any person who is the owner of any existing or proposed
CSDS serving as means of sewage disposal within the Township is subject
to all requirements of this article.
B.
The owner of any proposed CSDS shall be responsible
for obtaining all required permits from the Township and DEP, and
any other agencies requiring permits for such installation. The owner
of any proposed CSDS shall be responsible for its construction and
start-up in accordance with the requirements of this article.
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a District Justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall 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 90 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.
Any person who considers himself aggrieved by
any action of the Board with respect to such permit application, whether
the same is based upon alleged noncompliance with the terms of this
article, may appeal the denial of such permit in accordance with the
rules and regulations established by the Board. The appeal shall be
subject to the Local Agency Law.
In addition to the penalties provided in § 210-33, the Board is authorized to file appropriate actions, at law or in equity, in the Court of Common Pleas in and for Montgomery County, or before any other body having jurisdiction over the persons and activities herein regulated, to abate any violation and remove any CSDS not owned, operated, maintained or constructed in accordance with the provisions of this article. Violations of this article are declared to be public nuisances, abatable as such.
The Township and its agents and employees shall
have the right of access to and may enter any building, property,
land, premises or places as may be necessary to carry out the provisions
of this article. In connection with such inspection or investigation,
samples may be taken of any solid, semisolid, liquid or contained
gaseous material for analysis.
