Article I Construction and Operation

The objectives of this article are to provide healthful and safe alternatives of sewage collection and disposal for areas of the Township which are not served by a public sewer collection system and cannot be served by on-lot subsurface sewage treatment and disposal systems for any reason, such as poor soil conditions or large volumes of sewage flows on relatively small parcels of land.

It is recognized that the Commonwealth of Pennsylvania allows the construction and permitting of sewage collection systems and wastewater treatment facilities for private individuals and developers of land to allow them to utilize their land as the Township would allow by way of its zoning ordinance.[1]

Editor's Note: See Ch. 180, Zoning.

It is further recognized that the regulations and permit requirements of the Commonwealth of Pennsylvania provide environmental protection for the waters of the commonwealth but do not provide sufficient protection for property owners in the area of the sewage facility and do not sufficiently provide for guaranteed long-term administration of the sewage systems.

It is recognized further that the Clean Streams Law of Pennsylvania (Act of June 22, 1937, P.L. 1987, No. 394, as amended[2]) places some responsibility on the Township for provision of adequate sewer service to Township residents who cannot provide for their own sewage disposal.

Editor's Note: See 35 P.S. § 691.1 et seq.

More specifically, therefore, this article provides more adequate health and safety protection for property owners located near a proposed sewage facility and provides better guaranties for long-term administration of the sewage facility than those protections and guaranties available through Pennsylvania regulations.

This article is not intended to conflict with or replace any Pennsylvania act or regulation.

§ 130-2 Definitions; word usage.

As used in this article, the following terms shall have the meanings indicated:

AUTHORITY

Any municipal authority created by the Township to provide, finance, operate or administer any community method of disposing of sewage and/or industrial waste of a liquid nature.

COMMUNITY SEWAGE SYSTEM

Any system, whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature from two or more lots and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site.

DEDICATE or DEDICATION

The dedication of a sewage facility shall mean the grant to the Township or its Authority of all rights, title and interest in all improvements and land rights associated with a proposed sewage facility, including but not limited to:

The transfer of permit rights.

Equipment.

Structures.

Sewer lines.

Pump stations.

A fee-simple grant of land for disposal sites, treatment plant sites and pump station sites.

(g)

An easement or fee-simple grant of land for sewer pipes.

PENNSYLVANIA SEWAGE FACILITIES ACT

Such dedication shall be made in such a manner that the property dedicated will not be subject to any liens or encumbrances.

DEPARTMENT

The Department of Environmental Protection of the Commonwealth of Pennsylvania.

ENGINEER

A person registered as a professional engineer by the Commonwealth of Pennsylvania.

EQUIVALENT DWELLING UNIT

A building or portion of a building suitable for one family unit or a nonresidential building or portion of such a building generating the same sewage flow as one family unit.

INDIVIDUAL SEWAGE SYSTEM

A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into any waters of this commonwealth or by means of conveyance to another site for final disposal.

INDUSTRIAL WASTE

Solid, liquid or gaseous waste from any industrial, manufacturing or commercial process or from the development, recovery or processing of natural resources, but not sewage.

[Amended 5-20-1998 by Ord. No. 98-17

LICENSE

A formal grant of permission by the municipality for construction or operation of certain sewage facilities as regulated by this article.

LOT

A part of a subdivision or a parcel of land used as a building site or intended to be used for building purposes, either immediate or future, which would not be further subdivided. Whenever a lot is used for a multiple-family dwelling or for a commercial or industrial purpose, the lot shall be deemed to have been subdivided into an equivalent number of single-family residential lots as determined by estimated sewage flows.

MUNICIPALITY

Lower Saucon Township, Northampton County, Pennsylvania.

NONRESIDENTIAL

Commercial, industrial, office, motel, hotel, restaurant, campground, travel-trailer park, institutional, including hospitals and nursing homes, or similar uses.

OFFICIAL PLAN

A comprehensive plan for the provision of adequate sewage systems adopted by the Council of Lower Saucon Township and submitted to and approved by the Department as provided by the Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq., and Chapter 71 of the Department's regulations.

[Amended 5-20-1998 by Ord. No. 98-17

OWNER/USER

A person who is the owner by way of fee title of a nonresidential establishment, which establishment includes a sewage collection system and/or a wastewater treatment system located on the same lot as the nonresidential establishment and which conveys and/or treats only sewage generated by said nonresidential establishment.

Act 537 of 1966 (P.L. 1535), as amended.

PERSON

Any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, department, board, bureau or agency of the commonwealth, political subdivision, municipality, district, authority or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. Whenever used in any section prescribing and imposing a penalty or imposing a fine or imprisonment, the term "person" shall include the members of an association, partnership or firm and the officers of any local agency or municipal, public or private corporation for profit or not for profit.

RESIDENTIAL

Single-family dwellings, multifamily dwellings, mobile home parks, apartments, dormitories or similar uses.

SEWAGE

Any substance which contains any of the waste products or excrement or other discharge from the bodies of human beings or animals, and any 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 which constitutes pollution under the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law," as amended.

SEWAGE COLLECTION SYSTEM

A system of pipes and appurtenances and pump stations necessary to convey sewage from its source at a building or structure to its point of treatment, except that a lift station at the treatment site shall be included as part of the wastewater treatment facility.

PUBLIC SEWAGE COLLECTION SYSTEMA portion of a sewage collection system owned and maintained by a municipality or a municipal authority. A public collection system will generally collect sewage at the edge of a private lot and not at the building on the lot.

COMMON SEWAGE COLLECTION SYSTEMA portion of a sewage collection system used by more than one person and jointly owned and maintained by all users of the system by way of a homeowners' association or other similar legal entity.

PRIVATE SEWAGE COLLECTION SYSTEMA portion of a sewage collection system owned and maintained by one person.

TOWNSHIP

Lower Saucon Township, Northampton County, Pennsylvania.

WASTEWATER TREATMENT FACILITY

A system of buildings, equipment, pumps, tanks, pipes, basins, chemical feeders, power supplies, backup power supplies and related improvements, such as landscaping, driveways, fences, etc., necessary to treat sewage wastewater and dispose of treated water to the ground or a stream and needed to treat and dispose of resultant sludge.

PUBLIC WASTEWATER TREATMENT FACILITYSuch a facility owned and maintained by a municipality or a municipal authority.

COMMON WASTEWATER TREATMENT FACILITYSuch a facility used by more than one person and owned and maintained by all users of the system by way of a homeowners' association or other similar legal entity.

WATERS OF THIS COMMONWEALTH

PRIVATE WASTEWATER TREATMENT FACILITYSuch a facility owned and maintained by one person.

Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, ponds, springs and all other bodies or channels of conveyance of surface and underground water or any of their parts, whether natural or artificial, within or on the boundaries of this commonwealth.

Editor's Note: See 35 P.S. § 750.1 et seq.

Editor's Note: See 35 P.S. § 691.1 et seq.

Editor's Note: The definition of "Township On-Lot Sewer Ordinance," which immediately followed this definition, was deleted 5-20-1998 by Ord. No. 98-17.

As used in this article, words in the singular include the plural and words in the plural include the singular. The words "may" and "should" are permissive, and "shall" and "will" are mandatory. The reference to a "person," "applicant" or "licensee" as a "he" shall also mean "she," "they" or "it."

§ 130-3 General requirements.

The following types of sewage facilities are allowed in the Township (see Appendix A):

Individual sewage systems, with permits for construction granted by the Township Sewage Enforcement Officer pursuant to Article II, On-Lot Sewage Disposal Systems.

Common or public sewage collection systems with a common or public on-lot sewage disposal system, with permits for construction granted by the Township Sewage Enforcement Officer pursuant to Article II, On-Lot Sewage Disposal Systems, upon his finding that the following conditions are met:

The system had Township approval by way of planning module approval in accordance with the Pennsylvania Sewage Facilities Act.[1]

Editor's Note: See 35 P.S. § 750.1 et seq.

The system has Department approval.

If it is commonly owned and maintained, that the Township Solicitor has certified that a homeowners' association (or similar) agreement exists among all users of the system and that an agreement exists, as a covenant running with the land of all lots served by this system, that guarantees maintenance of the common sewer system; further, that the agreement puts all users on notice that they will have to connect to a public system if it becomes available.

The entire area designated and preserved for drain-field construction shall be protected with a fifty-foot setback to any property line. To provide adequate area for future replacement or enlargement, the area designated and preserved for drain-field construction shall be three times larger than the area required for the original drain-field installation, and the entire protected area shall be proven to have soils satisfactory for drain-field installation.

(e)

The entire area is under public ownership or under control and responsibility of all the users, with such control and responsibility included in the agreements outlined above.

(f)

A maximum of 10 dwelling units or its equivalent flow is permitted on one system.

(g)

The system is designed by an engineer and installed under his supervision and inspection.

Public sewage collection systems as permitted by the Department.

Public wastewater treatment facilities as permitted by the Department.

A common sewage collection system or common wastewater treat facility as permitted by the Department and licensed by this article for nonresidential users only.

A private sewage collection system and private wastewater treatment facility as permitted by the Department and licensed by this article for one person for nonresidential use.

(7)

A private sewage collection system and private wastewater treatment facility, as permitted by the Department, planned to serve 200 or more equivalent dwelling units (residential or nonresidential) for facilities that meet the conditions of § 130-3G of this article.

[Amended 9-7-1994 by Ord. No. 94-5]

(8)

A private extension to a public sewage collection system for facilities that meet the requirements of § 130-3G of this article.

(9)

A private collection system on the property owned by the generator of the sewage waste, whether residential or nonresidential, and with a single building or multiple buildings for any number of equivalent dwelling units. These systems would normally be called "sewer laterals."

Types of sewage facilities not allowed in the Township.

No sewage collection, conveyance or treatment facility shall be allowed to be constructed or operated in the Township unless it is listed as an allowed facility in § 130-3A or is an existing facility or permitted facility as of the effective date of this article.

No common and/or private wastewater treatment facilities shall be allowed to be constructed and/or operated if the Township determines that it is practical for the applicant to connect to an existing public sewage system. The determination for the requirement of connection for existing buildings with existing private or common treatment facilities to a public system will be based on a uniform set of rates, rules and regulations that would be established by the Township and/or its Authority if and when a public sewer system is initiated.

License requirements.

A license is required for the construction and/or operation of those sewage collection systems and wastewater treatment facilities which must first receive a permit from the Department prior to construction, pursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law," as amended,[2] except that:

A license shall not be required for the construction and/or continued operation of any such system permitted by the Department and/or the Township as of the effective date of this article.

A license shall not be required for the construction and operation of an individual sewage system which uses either a holding tank or subsurface absorption area as a means to control or dispose of sewage. (These systems are regulated by other sections of this article, Article II, On-Lot Sewage Disposal Systems, and by Chapters 71 and 73 of the Department's Rules and Regulations.)

A license shall not be required for the construction and/or operation of a non-on-lot sewage collection system serving one residential unit.

A license is not required for the construction and/or operation of sewage facilities being dedicated to the Township and/or its Authority pursuant to § 130-3G of this article.

Editor's Note: See 35 P.S. § 691.1 et seq.

A license is only valid for the original applicant and licensee. If the ownership of a licensed facility is transferred, the new owner must apply to the Township and be licensed by the Township prior to or simultaneous to a change in ownership.

A license is issued for a two-year period. At the end of the license period, the owner of the sewage facility must apply to the Township for a new license.

No license shall be issued by the Township unless the construction and/or operation of the facility to be licensed is consistent with the Official Plan of the Township.

Licensing procedures.

Application for a license to construct and operate a sewage collection system must be by the owner by way of fee title or by way of utility easement title of the land on which such facilities are to be constructed and/or operated.

Application for a license to construct and/or operate a wastewater treatment facility must be made by the owner of the land on which such facilities are to be constructed and/or operated.

For those facilities that require licenses, the application for a license or license renewal shall be made by way of a letter request and shall be accompanied by the application fee as may be established by the Township by resolution and shall be accompanied by three copies of the following documents:

For new facilities not yet constructed:

A valid permit for the construction of the facility as issued by the Department to the applicant, with sufficient evidence to show that the permit has been accepted by the permittee and recorded at the County Courthouse as required by the Department.

The complete set of specifications and plans of the facilities proposed in the application, with a certification of an engineer, indicating that the drawings and specifications meet all state and municipal requirements and that they are complete and adequate to provide the owner or applicant with sufficient data for the construction of an operating collection system and/or wastewater treatment facility. (NOTE: The applicant is encouraged to submit preliminary plans and final plans of the proposed system to the Township for review prior to the applicant submitting plans to the Department.)

A construction and operation agreement in a form acceptable to the Township Solicitor, which agreement is intended to guarantee to the Township that the applicant will meet the criteria of this article during the construction of the proposed facilities and during the operation of the facility.

A deed or other similar document which shows that the applicant has title and rights to construct and operate the system which he proposes to build. This deed must be accompanied by a separate owner's affidavit certifying such rights.

The applicant's name, address and phone number and a listing of the same data for all individual users and individual owners in the case of a commonly owned system.

For facilities being constructed:

A certification of an engineer, stating that construction is progressing in conformance with the specifications and plans filed with the Township, as part of the original license application; or

A complete set of specification and plan amendments showing any as-built changes to the facilities, with a certification by an engineer indicating that the amendments still permit construction and operation to meet all state and municipal requirements.

The applicant's name, address and phone number, listing the same data for all individual users and owners in the case of a commonly owned system.

For facilities in operation:

A notarized statement from the designated treatment plant operator or an engineer, indicating:

The daily flow rate for the entire period between license renewals and the expected rate for future years. This data can be provided in the same manner as it is provided annually to the Department.

That the plant effluent currently meets the permit discharge conditions.

The applicant's and operator's names, addresses and phone numbers.

A complete list of the names, addresses and phone numbers of all users and owners in the case of commonly owned systems.

Upon receipt of the application, the Township shall review the application documents and approve or deny the issuance of the license within 90 days.

The Township may consult with the Department, the Township Engineer, the Township Solicitor and/or other officials for their advice on the application.

The review shall allow the Township to verify that the proposal is in conformance with requirement of this article.

Notice of approval or denial shall be made in writing and sent to the applicant by regular mail, to the address listed with his application, within 15 days of the date of action by the Township.

If the issuance of the license is denied, the Township shall list the reasons for denial, citing sections of Township ordinances which the applicant has failed to satisfy.

(e)

The review period can be extended by mutual agreement between the Township and the applicant.

(f)

If the Township does not approve or deny the issuance of the license in the review period, the license shall be deemed approved.

License revocation and reinstatement.

The Township shall have the right to revoke a license if it finds the applicant has:

Violated this article;

Violated other Township ordinances which might relate to the facilities' construction or operation; or

Violated the license conditions as set forth in the construction and operations agreement.

Revocation of a license shall become effective only after written notice to the licensee and the passage of 10 days' opportunity to request a hearing or to request a stay of the revocation to allow correction of the violation.

If a hearing is requested, the Township shall hold a hearing within 30 days of the date of receipt of the request. The Department may be requested to attend the hearing.

If a stay of the revocation is requested, to allow correction of the violation the Township may allow such a stay for a reasonable period of time if it finds that public health and safety are not imperiled.

Upon revocation of a license, the licensee and all users of the sewer system covered by the license shall cease to use the sewer system. The Township shall notify all users of this action and requirement.

The revoked license will be reinstated by the Township after the reason for the revocation is satisfactorily corrected. The Township shall notify all users of the reinstatement.

Waiver of liability. This article does provide some control over the construction and operation of privately owned sewage facilities; however, nothing contained herein should be interpreted as a guaranty or assurance to the applicant, the users or the public that any system licensed will operate with no adverse impact on any party or the environment. Further, nothing in this article shall detract from the Department's responsibility and obligation to grant permits for sewer systems or to maintain surveillance of the system and the quality of discharge in accordance with the Department's Rules and Regulations.

Facilities constructed by a person and dedicated to the Township or Authority.

Agreement.

The construction of a sewage collection system and/or a wastewater treatment facility which is undertaken by a person pursuant to a developer's or subdivider's agreement with the Township is exempted from the licensing requirements of this article, provided the following conditions are met:

The applicant is dedicating the proposed facility to the Township or its Authority in accordance with this article and Chapter 145, Subdivision and Land Development.

The person shall submit complete design plans and specifications for the proposed facilities, along with the design engineer's certification that the plans and specifications meet all state and municipal requirements and that they are complete and adequate to provide the person with sufficient data for the construction of an operating collection system and/or wastewater treatment facility.

The Township shall determine that the design of the facilities meets the technical criteria of this article and the construction standards of the Township and its Authority.

The Township or Township Authority shall agree to take over ownership and operation responsibilities of the proposed facilities.

The Township shall determine that the proper construction and initial maintenance of the facilities are adequately guaranteed by way of a developer's or subdivider's improvement agreement and improvement security.

Such agreement shall also specify, among other things, that:

The person shall complete all necessary application and design forms to allow the Township or Authority to obtain a permit from the Department in the name of the Township or Township Authority.

The person shall construct the proposed facilities at his sole expense within one year from the date of the agreement.

The Township or Authority Engineer shall inspect the construction of the facilities, both during construction and upon completion of construction.

The person who is building the facilities and (if different) the person who owns the land on which the facilities will be constructed shall dedicate the facilities, at no cost, to the Township or its Authority within one year from the date of the agreement. This dedication must include all facilities and land rights necessary for the Township or its Authority to operate a complete sewage system from the point of customer connection to and including the point of final discharge to an existing publicly owned collection or treatment facility, to and including an approved point of discharge to the Waters of the commonwealth or to and including an approved surface or subsurface disposal area.

If the Township or Authority finds that any portion of the existing collection system or treatment facility must be enlarged or expanded to accommodate the proposed extension, the person proposing the extension shall agree to assume all costs of the enlargement or expansion or his proportionate share of those costs if the expansion is made to accommodate more than his development.

[6]

Any sewage collection system and/or wastewater treatment facility will not be accepted by the Township or its Authority until the completed facility is put into operation and the Township or its Authority determines that:

The facility is operating properly.

The facility has operated properly through a full winter season.

[c]

There are a minimum of 30 equivalent dwelling units connected and flowing to the wastewater treatment facility.

[7]

Capability to accept flows.

No occupancy permits shall be issued for any building or buildings to be erected until the Township or its Authority determines that the sewage facilities designed to serve said building or buildings will be capable of accepting flows within approximately 60 days. In no case will occupancy permits be issued for more than six dwelling units or its equivalent flow until the facility is capable of accepting flows.

During any such interim period where sewage flows are being generated but the facility is not yet ready to accept those flows, the developer will be responsible for disposal of the sewage at an approved site, such as a municipal wastewater treat facility. In such a situation, the Township will pass an ordinance permitting the developer to utilize sewer mains and manholes as holding tanks until the treatment facility can accept flows.

[8]

Any sewage collection portion of the sewer system will not be accepted by the Township or Authority until the final surface restoration of the ground over the sewer line is completed. For example, if the sewer line falls in a street area, the final paving would have to be completed before public acceptance.

[9]

Prior to municipal acceptance, the person dedicating the facilities shall supply the Township or Authority with as-built drawings, operating instructions, material certifications, manufacturer's warranties and any other materials incidental to the operation of the facilities.

[10]

Costs and income.

Upon dedication, the person dedicating the facilities shall provide adequate agreements and security, acceptable to the Township's or Authority's Solicitor and Engineer to cover all maintenance costs for 18 months in the amount of 15% of the construction cost and to cover the portion of the operating costs which exceed income generated from the connected users for a period of two years from the date of municipal acceptance. The amount of this combined security shall not be less than 20% of the cost of construction of the facility.

The income generated from connected users of the system will be based on the annual user charges established by the Township or its Authority. The annual user charges assessed will not be unreasonably low but will be based on annual user charges experienced elsewhere in the Township or the area around the Township; or based on expected user charges anticipated for the proposed system and the proposed development when they are completed and in full operation. In any case, the user charges imposed will be determined by the Township and/or its Authority at their sole discretion.

[11]

At all times, prior to municipal acceptance, the person dedicating the facility shall maintain liability and property insurance on the facility adequate to protect the municipal interests.

This section provides for a recapture or reimbursement provision in development agreements with developers who construct or cause to be constructed any portion of the Authority's or Township's sewer system or extension thereof at the expense of the developer if such extensions and/or additions shall provide sufficient capacity to accommodate future development upon lands of others and if and only if there is no provision for recapture or reimbursement in the applicable rates, rules and regulations of the Authority or Township.

The term of such reimbursement or recapture provision shall expire 15 years from the date of execution of the development agreement providing for such. A person intending to use the system provided by the original developer shall be subject to this reimbursement requirement if his application for preliminary subdivision plan or final subdivision plan or application for connection approval, whichever comes first, is submitted to the Township or its Authority prior to the expiration of the fifteen-year period.

At the time of execution of an agreement with any developer providing for reimbursement or recapture, the Authority or Township shall receive full release from such developer as to any liability which might exist in the event that the Authority or Township inadvertently or negligently fails to secure reimbursement or recapture prior to entering into subsequent development agreements with other developers or users. In the event that the Authority or Township should inadvertently or negligently fail to secure reimbursement or recapture, such inaction shall not, however, in any manner serve as a waiver or release as to the rights of a developer to reimbursement or recapture from the party connecting to the facilities.

The developer for whose benefit the reimbursement or recapture provision shall apply shall bear any and all costs for the defense of any legal action which might be brought by any subsequent person, entity or user challenging the Authority's or the Township's right to recover or seek recovery of such reimbursement or recapture or questioning the method of calculation for such reimbursement or recapture, including any related costs of the Authority's or Township's Solicitor. Further, in the event that any person refuses to make payment of such reimbursement or recapture, the developer for whose benefit such reimbursement or recapture is sought shall bear any and all costs involved in pursuing said developer's right to reimbursement or recapture against such person. In the event that any person challenges the Authority's or Township's right to recover or seek recovery of such reimbursement or recapture or questions the method of calculation for the same or refuses to make payment of the same, the Authority or Township reserves the right, in its sole discretion, to connect or permit the connection of the development or property of any person to avoid the potential of increased financial losses due to delay in the provision of sewer service, which shall not constitute a waiver or release the rights of the developer or developers claiming entitlement to reimbursement or recapture pursuant to this article.

Reimbursement or recapture under the terms of this article shall not include sewer systems required to be installed as a condition to the Authority's or Township's provision of service, specifically to any given subdivision or land development. Rather, such reimbursement or recapture shall be restricted solely to facilities where such are required by the Authority or Township to be oversized (and not previously paid for by the Authority or Township) so as to accommodate excess capacity above and beyond that required for the subdivision or land development in question. The Authority or Township shall, in the formation of the development agreement with the developer for whose benefit reimbursement or recapture will be required, attach as an exhibit an itemized list of all aspects of sewer facilities as to which reimbursement or recapture shall apply.

(e)

The cost to which the developer shall be entitled for reimbursement or recapture shall include all labor and materials, engineering design charges, Authority or Township review charges and inspection charges, as well as flushing and TV charges and any and all charges involved in the acceptance of dedication by the Authority or Township of such facilities. Further, the initial monetary cost of the same shall be subject to a per-annum increase commencing from the date of execution of the development agreement between the Authority and Township and such developer providing for such reimbursement or recapture prorated for any portion of any year from the date of such agreement to the date of reimbursement and recapture from a subsequent developer or user; said per-annum increase shall be a fixed annual percentage rate to be specified in the agreement.

(f)

The Authority or Township shall be entitled to deduct from each and every reimbursement or recapture as an appropriate charge for administrative services rendered in calculating, collecting, monitoring and disbursing reimbursement and recapture a charge as set from time to time by resolution or ordinance, as may be required by law,[3] in addition to any actual cost incurred for engineering or legal fees for this service.

Editor's Note: The current Fee Schedule is available at the Town Hall.

(g)

Wherever the term "developer" is used in this section, such shall refer to the individual or entity, its heirs, successors and assigns, as entered into the development agreement with the Authority or Township providing for recapture or reimbursement.

(h)

Reimbursement or recapture.

The formula to be applied in the determination of the amount of reimbursement or recapture, as to the initial developer and subsequent developers who connect to sewer facilities for which payment of reimbursement or recapture is applicable pursuant to the provisions set forth hereinabove, must vary based upon the point of connection and other physical circumstances attending these various developments. Reimbursement or recapture with regard to connection into sewer lines shall be based upon the point of connection and the actual footage of the off-site line utilized by the subsequent developer. Reimbursement and recapture with regard to connection into sewer pumping stations and related apparatus, such as force mains and sewage treatment or handling facilities, however, shall be based upon capacity requirements (equivalent dwelling units), regardless of the point of connection.

In establishing the formula to be specifically applied in each instance, the Authority and the Township shall endeavor to utilize a formula which will result in subsequent developers bearing a proportionate share of the cost of all off-site facilities from which they derive benefit, reimbursing the prior developer or developers who have funded the same or made payment of recapture or reimbursement to the initial developer who funded the same.

Attached hereto and incorporated herein as fully as though set forth at length are Exhibits B-1 through B-3, consisting of three separate formulas indicating by example the application of such proportionate formula with regard to sewer facilities.[4] Said fees shall be applied in all instances where the factual situation attending the development applies squarely and the principles, as contained in said exhibits, shall be applied in deriving an appropriate formula in any and all situations in which the factual circumstances attending the development do not squarely fit within the formulas contained upon Exhibits B-1 through B-3. In establishing any such formula for a development which does not squarely fit within the parameters as set forth in Exhibits B-1 through B-3, the Authority or Township shall have sole discretion in establishing such formula.

Editor's Note: See Appendix B of this this article, located at the end of this chapter.

(i)

In addition to any and all costs or expenses imposed upon a developer seeking reimbursement or recapture as set forth hereinabove, the following charges shall be paid by the developer seeking reimbursement or recapture to the Authority or the Township as a condition precedent to said developer's entitlement to such reimbursement or recapture:

At the time of execution of any development agreement entered into subsequent to the date of this article for the installation of sewer facilities as to which reimbursement or recapture would apply, the developer shall pay to the Authority or the Township at the time of execution of the development agreement a sum as set forth from time to time by resolution or ordinance, as may be required by law,[5] to cover the Authority's or Township's administrative costs and services in subsequently establishing appropriate records as to the actual costs incurred by the developer as to which the reimbursement and recapture provisions of this article shall apply.

Editor's Note: The current Fee Schedule is available at the Town Hall.

(j)

The Township or Authority shall have sole discretion in determining the value of improvements as to which reimbursement and recapture apply.

(k)

There shall be no right of recapture from the Township or any of its Authorities.

(l)

Any person connecting a new building, subdivision or development to a sewer system that is protected by reimbursements shall be responsible to pay the reimbursements required under this article to the Township or its Authority at the time of the correction and/or use of the system. The term "connecting" to a system shall also mean "using" a system in this subsection.

(m)

If any particular reimbursement or recapture normally required by this section of the article is computed to be less than $200, then no reimbursement or recapture shall be due to the Authority, or Township, nor shall such reimbursement or recapture be due to the original developer, either directly or indirectly. A subsequent developer cannot segment his development into small sections for the purposes of receiving the benefits of this subsection.

§ 130-4 Specific design criteria.

All sewage collection systems and wastewater treatment facilities shall be designed and constructed in accordance with the standards and specifications of:

This article.

The ordinance of standards of construction of Lower Saucon Township, as amended.[1]

Editor's Note: See Ch. 65, Building Construction.

Chapter 180, Zoning, as amended.

Chapter 145, Subdivision and Land Development, as amended.

Chapter 90, Floodplain Management, as amended.

Any other applicable Township ordinance.

The Authority (as may be adopted).[2]

Editor's Note: See Ch. 9, Authorities, Municipal.

The Department (as described in various rules and regulations and design manuals).

§ 130-5 Operation and maintenance.

Prior to the issuance of a license for construction and/or operation of a sewer collection system or wastewater treatment plant, the applicant shall enter into a binding agreement with the Township stipulating that the applicant shall guarantee the proper construction of the facility within a time period agreed upon and shall guarantee the continuous proper operation and maintenance of the facilities.

This agreement shall specifically provide that the applicant will cease and desist from all construction of licensed facilities and operations if the Township revokes the license for such construction and/or operation. If the facilities are in operation at the time of license revocation, the applicant shall be required to provide holding and hauling of wastewater to an acceptable operating facility or acceptable point of disposal, or he shall be required to stop flows.

The applicant shall indemnify and hold harmless the Township, the Authority, its agents and consultants from any liability, damage or loss resulting from the issuance of a license, the revocation or reinstatement of a license or the construction or operation of any sewage facility.

This agreement shall provide for continued notice to all successors to the original licensee and shall be recorded as a covenant and agreement running with the title of the land of any licensee.

Proper operation and maintenance shall mean, among other things, that:

Any collector system will be kept free-flowing and free of excessive infiltration and exfiltration.

No connection of stormwater or groundwater will be allowed to enter the system.

No industrial waste or deleterious liquid will enter the system without the treatment facility being designed to treat such waste.

Easement areas and wastewater treatment facility sites shall be maintained free of excessive settlement.

Wastewater treatment facilities sites be maintained with well-trimmed grass or ground cover and required landscaping and that any fence be maintained secure and in good repair.

All licensed facilities be maintained in good operating condition and contained in neat appearance. This requirement includes a requirement to periodically paint any area that needs painting.

(7)

Adequate "no trespassing" and safety signs be maintained in locations shown on approved plans.

(8)

Effluent quality be maintained to the standards established by the Department.

(9)

Adequate access to the facility be contained in good repair.

(10)

Adequate sludge management and disposal be continued in accordance with Department requirements.

(11)

No objectionable noise or odor shall be noticeable beyond the boundaries of the treatment facility site.

The agreement shall require the licensee to reimburse the Township for reasonable engineering and legal costs incurred by the Township for review of plans and operation and preparation, review, revision and recording of legal documents and for the enforcement of this article and the agreement. To this end, the agreement will provide for the licensee depositing with the Township an amount as set from time to time by resolution or ordinance, as may be required by law, for reimbursement. If the escrow balance falls below an amount set from time to time by resolution or ordinance, as may be required by law, the agreement shall provide for additional deposits to be made by the licensee throughout the life of the license. The agreement shall provide that upon application for license renewal, an amount as set from time to time by resolution or ordinance, as may be required by law, shall be provided in this escrow account by the applicant.[1]