[Adopted 8-13-1998 by Ord. No. 98-4]
The purpose of this article is to establish
Township regulations for individual residential spray irrigation systems
and small flow treatment facilities (which shall include, but not
be limited to, dry stream channel discharge and overland flow systems,
and spray irrigation systems for other than a single-family dwelling).
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. Furthermore, this
article is intended to satisfy the additional requirements imposed
upon a municipality in the amendments to the Pennsylvania Sewage Facilities
Act, 53 P.S. § 750.1 et seq., which require a municipality
to assure compliance of the onsite treatment system with the regulations
of said Act, as amended, that establish standards for the operation
and maintenance of these systems.
As part of any zoning and subdivision approval
proposing the use of an individual residential spray irrigation system
or small flow treatment facility, compliance with the requirements
hereinafter set forth shall be a condition of any such approval. All
individual residential spray irrigation systems or small flow treatment
facilities to be constructed in Upper Frederick Township must be issued
a permit either by the Sewage Enforcement Officer for Upper Frederick
Township pursuant to the amendments to the Pennsylvania Sewage Facilities
Act, 35 P.S. § 750.1 et seq., or the Pennsylvania Department
of Environmental Protection. In addition, the property owner and/or
developer must execute an approved maintenance agreement with the
Township which, along with the issuance of the permit, must be memorialized
in appropriate textual notes prominently set forth on any 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.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
The Health Department of the County of Montgomery.
An individual onlot sewage system which serves a single-family
dwelling and which treats and disposes of sewage using a system of
piping, treatment tanks and soil renovation through spray irrigation.
A substance that contains the waste products or excrement
or other discharge from the bodies of human beings or animals and
noxious or deleterious substances being harmful or inimical to the
public health, or to animal or aquatic life, or to the use of water
for domestic water supply or for recreation, or any substance which
constitutes pollution under the Clean Streams Law.
An individual or community sewerage system designed to adequately
treat sewage flows not greater than 2,000 gallons per day for final
disposal using a stream discharge or discharge to the surface of the
ground.
Any sanitary sewage treatment and disposal system which treats
and disposes of sewage utilizing a spray irrigation and surface absorption
or land application.
Upper Frederick Township, Montgomery County, Pennsylvania.
A.
All subdivision and land development plans utilizing
an individual residential spray irrigation system or small flow treatment
facility hereafter installed in Upper Frederick Township shall not
be approved within the Township unless and until the property owner
and/or developer executes a maintenance agreement approved by the
Township for purposes of providing security in a form acceptable to
the Township sufficient to cover the costs of future operation and
maintenance of the system over its design life. For individual residential
spray irrigation systems, the security shall be up to a maximum of
50% of the construction costs for each of the first two years of operation
and no more than 10% each year thereafter, of the equipment and installation
costs of the system, establishment of properly chartered associations,
trusts or other private legal entities to manage the systems, municipal
ownership of the systems or any combination of the above. The security
for small flow treatment facilities shall be as determined by the
Township based on the recommendation of the Township Engineer.
B.
In addition, prior to plan approval, the Township
must receive the permit issued by DEP and/or the Health Department
for the construction and use of the individual residential spray irrigation
system or small flow treatment facility, and must receive any and
all escrows required by the approved maintenance agreement.
All fees for the Township's review, approval,
use and maintenance of a spray irrigation system or small flow treatment
facility shall be established and set forth in the maintenance agreement
approved by the Township.
All subdivision and land development plans utilizing
an individual residential spray irrigation system or small flow treatment
facility within Upper Frederick Township shall be reviewed by the
Upper Frederick Township Engineer to determine compatibility with
the intent and requirements of the building and/or plumbing codes
adopted by Upper Frederick Township.
