Township of Lower Saucon, PA Article II On-Lot Sewage Disposal Systems

[Adopted 1-20-1988 by Ord. No. 87-13]

§ 130-7 Title.

An ordinance defining and regulating the installation, construction, alteration and repair of individual and community on-lot sewage disposal systems; requiring permits for and providing for inspections and prescribing penalties.

§ 130-8 Short title.

This article may be known and cited as the "Lower Saucon Township On-Lot Sanitary Sewer Ordinance."

§ 130-9 Declaration of purpose.

The purpose of this article is to promote the health and safety of the people of Lower Saucon Township through the regulation of on-lot sewage disposal systems.

§ 130-10 Objectives.

The objectives of this article are to provide adequate and safe methods of on-lot sewage disposal and to minimize the potential for the contamination of any existing or future water supply by any existing or future on-lot sewage disposal system.

§ 130-11 Definitions.

A. With the exception of those words and terms defined in § 130-11B of this article, all words and terms used in this article shall be defined in accordance with Section 71.1 of Chapter 71, Section 72.1 of Chapter 72 and Section 73.1 of Chapter 73 of the Department's regulations.

B. The following words and terms, when used in this article, shall have the following meanings:

ABSORPTION AREA

A component of an individual or community sewage system where liquid from a treatment tank seeps into the soil; it consists of an aggregate-filled area containing piping for the distribution of liquid and the soil or sand/soil combination located beneath the aggregate.

(1) PRIMARY ABSORPTION AREA The absorption area which is initially permitted and installed for the proposed use.

(2) ALTERNATE ABSORPTION AREA A tested area which is reserved for possible future installation of an absorption area, if the primary absorption area is clogged or otherwise is malfunctioning.

ACT

The Pennsylvania Sewage Facilities Act (Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq.).

CARBONATE GEOLOGY AREA

An area where the underlying rock is formed by the organic and inorganic precipitation of mineral compounds characterized by the fundamental chemical ion CO₃, e.g., limestone and dolomite.

[Amended 11-15-1995 by Ord. No. 95-5]

(1) For application of the requirements of this article, Carbonate Geology Areas shall be any area identified upon the Township Zoning Map as a "Carbonate Geology Area."[1] The designated carbonate areas were derived from Open File Report 8702, entitled "Sinkholes and Karst Related Features of Northampton County, Pennsylvania," by William E. Kochanov, Commonwealth of Pennsylvania, Department of Environmental Protection, Bureau of Topographic and Geologic Survey.

(2) The delineation of geologic contacts is frequently made by inference based upon interpretation of topographic features or other field data in the absence of outcrops. Therefore, these requirements shall apply to any development within 500 feet of the boundaries shown for the Carbonate Geology Area.

CAVERN

A subterranean cavity or cave produced by dissolution of limestone or dolomite.

CERTIFIED SEWAGE ENFORCEMENT OFFICER

Any person certified as qualified to issue permits for individual or community sewage systems by the Certification Board.

CHAPTER 71 OF THE DEPARTMENT'S REGULATIONS

Pennsylvania Code, Title 25, Chapter 71, Administration of Sewage Facilities Program.

CHAPTER 72 OF THE DEPARTMENT'S REGULATIONS

Pennsylvania Code, Title 25, Chapter 72, Administration of Sewage Facilities Permitting Program.

CHAPTER 73 OF THE DEPARTMENT'S REGULATIONS

Pennsylvania Code, Title 25, Chapter 73, Standards for Sewage Disposal Facilities.

CLOSED DEPRESSION

Remnants of sinkholes that have partially filled with soil by erosion and settlement of the sinkhole walls. Generally, they are found as shallow, dish-shaped depressions on the land surface in areas of carbonate geologic formations.

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.

DEPARTMENT

The Department of Environmental Protection of the Commonwealth of Pennsylvania.

DISAPPEARING STREAMS

Streams that empty completely into a sinkhole or cavern.

FRACTURE TRACES

Linear topographic depressions or lines of depressions less than one mile in length revealing faults, joints or fissures in the bedrock. These linear features are characterized by increased permeability, along which the solution of carbonate rocks is intensified and hence along which groundwater movement is concentrated. These linear features are characterized by intensified and hence along which groundwater movement is concentrated.

GHOST LAKES

Small bodies of water which occur in and occasionally around closed depressions or sinkholes after periods of heavy precipitation. They may form from slow permeability of soils, rises in the groundwater table or from the creation of a natural liner of impermeable or slowly permeable clays or soils in the depression.

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.

LINEAMENTS

Linear topographic depressions or lines of depression longer than one mile in length, revealing faults, joints or fissures in the bedrock. These linear features are characterized by increased permeability, along which the solution of carbonate rocks is intensified and hence along which groundwater movement is concentrated.

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 Act and Chapter 71 of the Department's regulations.

PINNACLES

Tall, slender spires of carbonate bedrock. Pinnacles are formed from the chemical dissolution of carbonate rocks along planes of weakness (joints and fractures).

(1) SURFACE PINNACLES Such formations that protrude above the natural grade.

(2) SUBSURFACE PINNACLES Such formations that exist below the surface of the ground.

(3) SHALLOW SUBSURFACE PINNACLES Such formations that exist less than 20 inches below the ground surface.

[Added 11-15-1995 by Ord. No. 95-5]

SINKHOLES

Funnel-shaped or steep-sided depressions in the land surface that are caused by the dissolution and collapse or subsidence of the roofs of subterranean caverns in carbonate geologic formations. In size, they can vary from a few feet to more than 100 feet in width.

[1] Editor's Note: Said map is on file in the Township offices.

§ 130-12 Appointment of Sewage Enforcement Officer.

A. The Council of Lower Saucon Township shall annually appoint one or more certified sewage enforcement officers as its Sewage Enforcement Officer(s) to carry out the duties specified in this article. Such officer shall serve until he resigns, is dismissed by the Council or has his certification suspended or removed by the Department.

B. In January of each year, the Council shall submit the name and address of its Sewage Enforcement Officer(s) to the Department. The Council shall notify the Department within 30 days of any change in the information referred to in this subsection.

§ 130-13 Conduct of Sewage Enforcement Officers.

All Sewage Enforcement Officers shall abide by the standards of conduct specified in Chapter 72 of the Department's regulations. Violation of any of these standards shall be grounds for dismissal by the Council.

§ 130-14 General requirements.

A. The installation of any treatment tank, subsurface absorption area or any holding tank constitutes either the installation of an individual or a community sewage system and requires a permit prior to beginning the installation of the system or beginning the construction, installation or occupancy of any building or buildings for which such a system will be installed. The installation of an individual or community sewage system shall include the repair, replacement or enlargement of any treatment tank, subsurface absorption area or holding tank. A permit shall be required regardless of the acreage of the tract on which the individual or community sewage system is to be installed or repaired.

B. The Council will issue, deny and revoke permits only by and through its Sewage Enforcement Officer(s).

C. If construction or installation of an individual or community sewage system and of any building or structure for which such system is to be installed has not commenced within three years after the issuance of a permit for such system, said permit shall expire. A new permit shall be obtained prior to the commencement of said construction or installation.

[Amended 11-15-1995 by Ord. No. 95-5]

D. Construction of a new sewage system for a newly occupied building will be known as a "new sewage system" for the purposes of this article. The repair or replacement of an existing on-lot sewage disposal system for a structure which is occupied at the time of the application for permit issuance shall be known as a "repair sewage system" for the purposes of this article. The modification of an existing on-lot sewage disposal system for any purpose, other than to effect a repair, shall be construed as a modification for the purposes of this article.

[Amended 11-1-2017 by Ord. No. 2017-05]

E. The site investigations and procedures for permit issuance shall follow the standards in Chapters 71, 72 and 73 of the Department's Rules and Regulations and this article.

F. The design and installation of an individual or community sewage system or part thereof shall be done in conformance with the standards in Chapter 73 of the Department's Rules and Regulations and this article.

G. Design and approval of all on-lot sewage systems shall be in accordance with Article I, Construction and Operation.

H. Application for permits for new sewage systems which are not consistent with the Official Plan of Lower Saucon Township shall not be approved.

I. No individual or community system shall be installed in an area identified by completed Federal Flood Insurance mapping as a floodway or where completed flood mapping is not available but the soil has been mapped or identified as floodplain soil or a flood-prone area.

J. The minimum isolation distances described in Department regulations shall be the same as indicated in those regulations, except that absorption areas shall not be located closer than 100 feet to any stream, lake or other surface water for the installation of a new system and shall not be located closer than 50 feet to any identified floodplain or wetland area.

K. Absorption areas described in Department regulations known as "elevated sand mounds" and "elevated sand mound trenches" shall be considered for installation only on lots two acres or more in size for new systems, and for such absorption areas a permitted allowable sewage disposal rate shall not exceed that expected from one single-family residence [one equivalent dwelling unit (EDU)] per two acres. This requirement shall not apply to any lot less than two acres in size which legally existed prior to the effective date of this article and which is proposed for use with a single-family detached dwelling.

[Amended 11-1-2017 by Ord. No. 2017-05]

L. In areas of carbonate geology, absorption areas shall not be located closer than 100 feet to any rim of a closed depression, a sinkhole or a disappearing stream and shall not be located closer than 50 feet to lineaments, fracture traces or surface or shallow subsurface pinnacles if any such features are identified during the site investigation stage and prior to permit issuance.

[Amended 11-15-1995 by Ord. No. 95-5; 11-1-2017 by Ord. No. 2017-05]

M. If a sinkhole appears after permit approval but before final inspection and approval of an on-lot sewage system and such sinkhole is within 100 feet of the absorption area, the absorption area will have to be relocated to meet Department of Environmental Protection requirements.

§ 130-15 Application procedures; permit issuance.

A. Application for a permit shall be made by the property owner to the Sewage Enforcement Officer prior to the commencement of construction, modification or repair of an individual or community sewage system, or the construction or expansion of any building for which such a system is to be installed or used.

[Amended 11-1-2017 by Ord. No. 2017-05]

B. Application requirements.

(1) The application shall contain the following:

(a) The information found on the application form 3800-FM-WSFR0290 provided by the Department.

[Amended 11-1-2017 by Ord. No. 2017-05]

(b) Such further information as may be required by the Sewage Enforcement Officer to ensure that the proposed action complies with the regulations promulgated by the Department.

(2) Application forms may be obtained from the Sewage Enforcement Officer or Municipal Secretary.

C. Notice.

[Amended 4-19-1989 by Ord. No. 89-6; 11-1-2017 by Ord. No. 2017-05]

(1) When the Sewage Enforcement Officer has found an application incomplete or the Sewage Enforcement Officer is unable to verify the information submitted, the applicant shall be notified, in writing, within seven days of receipt of the application for a conventional system, or 15 days for an alternate system, and the time for acting thereon shall be extended 15 days beyond the date of receipt of adequate supplementary or amendatory data. If adequate supplementary or amendatory data is not provided within 30 days after the Sewage Enforcement Officer requests such data, the application may be denied.

(2) Failure of the Sewage Enforcement Officer to act on an application does not constitute permit approval. If the Sewage Enforcement Officer does not act upon an application for a conventional system within seven days of receipt or an alternate system within 15 days of receipt or within 15 days of receipt of supplemental information under Subsection C(1), the applicant may request a hearing before the Council of the Township of Lower Saucon.

D. New sewage systems.

(1) For new systems, the application and review process consists of the following four stages:

(a) Preliminary stage.

(b) Site evaluation stage.

(c) System design stage.

(d) Final inspection stage.

(2) In the preliminary stage, the applicant obtains a copy of Form 3800-FM-WSFR0290 from the Sewage Enforcement Officer, completes Part 1 of the form and submits it, along with the appropriate permit fee,[1] to the Sewage Enforcement Officer. The Sewage Enforcement Officer reviews Part 1 and an on-site evaluation is scheduled at a mutually agreed-upon time. A determination as to whether the site is in a Carbonate Geology Area will also be made at this time, which will require additional geologic investigation in accordance with Subsection D(7).

[Amended 11-1-2017 by Ord. No. 2017-05]

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

(3) In the site evaluation stage, the Sewage Enforcement Officer observes the soil test pits, percolation tests and slope measurements and completes Part II of the application. It shall be the responsibility of the applicant to prepare the site for inspection, including the digging and proper preparation of the percolation test holes, as specified in Chapter 73 of the Department's regulations, the digging of a soil test pit at least seven feet deep, unless governed by Subsection D(7) of this section, any general clearing of the site necessary to make slope measurements, conducting soil and percolation tests and providing water for the percolation test. A passing soil and percolation test shall be provided for both the primary and alternate absorption areas. After the site evaluation stage, the applicant will be notified if the site is suitable or receive a letter of permit denial if it is not.

[Amended 4-19-1989 by Ord. No. 89-6; 11-15-1995 by Ord. No. 95-5; 11-1-2017 by Ord. No. 2017-05]

(4) The system design stage involves the completion of Parts II and III of the application form by the applicant. All application information and designs must be provided in a neat and legible manner. Drawings must be drawn to scale and must be prepared by a qualified engineer, geologist, soil scientist, or qualified consultant experienced in the field of on-lot sewage system design.

[Amended 11-1-2017 by Ord. No. 2017-05]

(a) All information required under Part III of application.

(b) All test pits and percolation tests (pass or fail).

(c) An alternate absorption area location.

(d) Location and width of all rights-of-way, easements and building restriction lines, including any limitations on their use.

(e) Existing and proposed contours at two-foot intervals and spot elevations for the following:

[1] First floor elevation of any structure.

[2] Elevation at each corner and high point of the proposed absorption area. In addition, if an elevated sand mound system is required, the existing grades at each corner of the toe-of-berm must be shown.

[Amended 11-15-1995 by Ord. No. 95-5]

[3] Elevation of existing grade at the proposed pump tank or lift station, if required.

[Added 11-15-1995 by Ord. No. 95-5]

(f) How stormwater will be diverted around the sewage system area.

(g) The primary and alternate absorption areas must be staked in the field and protected from disturbance with snow fence, safety fence or other adequate means prior to permit issuance.

[Added 11-15-1995 by Ord. No. 95-5]

(h) Two intervisible permanent reference points must be established in the field and shown on the septic design plan. The dimensions to the proposed corner of the primary area from the two intervisible points must also be shown on the septic design plan.

[Added 11-15-1995 by Ord. No. 95-5]

(5) When the Municipal Sewage Enforcement Officer has determined that the application is complete and meets the requirements of Chapters 71, 72 and 73 of the Department's regulations and this article and has field-verified the requirements of Subsection D(4)(g) and (h) of this section, a permit shall be issued.

[Amended 11-15-1995 by Ord. No. 95-5]

(6) Permits shall be issued or denied by the Sewage Enforcement Officer, in writing, within seven days after receiving a completed application for permit, except as shown in Subsection C. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in a letter.

(7) Special requirements for sites located in Carbonate Geology Areas.

(a) Testing. In Carbonate Geology Areas, two eight-foot-deep soil probes, 15 feet long and parallel to the slope, unless directed otherwise by a licensed professional geologist, are to be excavated at both ends of proposed primary and alternate absorption areas and read by the licensed professional geologist retained by the applicant and witnessed by the Sewage Enforcement Officer, unless testing was conducted under § 130-21 of this article as part of the subdivision and land development plan approval process.

[Amended 11-15-1995 by Ord. No. 95-5; 11-1-2017 by Ord. No. 2017-05]

(b) Carbonate feature analysis.

[Amended 11-15-1995 by Ord. No. 95-5]

[1] The following features shall be mapped:

[a] Closed depressions.

[b] Fissures, lineaments, faults or fracture traces.

[c] Ghost lakes.

[d] Outcrops of bedrock.

[e] Seasonal high-water tables.

[f] Sinkholes.

[g] Soil mottling on aerial photographs, as an indication of shallow, weathered pinnacles.

[h] Springs.

[i] Surface drainage entering the ground.

[j] Caverns.

[k] Disappearing lakes.

[l] Disappearing streams.

[m] Surface or subsurface pinnacles.

[n] Calcareous fens.

[2] Such information must be provided by a licensed professional geologist.

[3] Such information must be based upon field surveys and published data, which shall be supported by an explanation of its source, including the qualifications of the individuals directly responsible for preparing such information.

(8) Special requirements for lots less than 40,000 square feet.

[Amended 11-15-1995 by Ord. No. 95-5]

(a) Systems intended to be installed on lots with a size of 40,000 square feet in area or less must receive special Township Council approval. A permit for such a lot cannot be issued until the requirements of this subsection are met and a proper deed covenant or agreement is recorded against the lot. This plan can be approved by Township Council if the applicant has satisfactorily proven to the Council that the property for which he or she intends to build is suitable for a long-term utilization of on-lot sewage disposal systems and if the applicant has demonstrated, to the satisfaction of the Township Council, that he or she recognizes the risks associated with buildings on relatively small lots with an on-lot sewer system. Satisfactory proof of these two matters is required. The following documentation must be submitted.

(b) Four copies of the following documentation shall be submitted:

[1] Completed Application Form 3800-FM-WSFR0290, Rev. 7/2005.

[Amended 11-1-2017 by Ord. No. 2017-05]

[2] A grading plan, which shall:

[a] Be prepared by a professional engineer or Pennsylvania Land Surveyor with on-lot system design experience.

[b] Show the following:

[i] All items required on permit Application Form 3800-FM-WSFR0290, Rev. 7/2005.

[Amended 11-1-2017 by Ord. No. 2017-05]

[ii] All items required in Subsection C of this section.

[iii] An erosion control narrative and erosion control features.

[c] Have a minimum scale of one inch equals 30 feet (this means it could be a scale of one inch equals 20 feet or one inch equals 10 feet).

[3] A deed covenant or agreement, approved by the Township Solicitor, containing the following:

[a] A statement indicating the property owner recognizes he should maintain and repair his on-lot sewage system.

[b] A statement indicating the property owner will preserve and protect and not disturb his designated alternate absorption area site unless and until needed for the repair or expansion of his primary absorption or until the property is connected to public sewers.

[c] A statement indicating that the property owner recognizes that variations in soil, sewage system usage and system construction, even when all Department and Township regulations are met, can result in sewer system malfunctions and that the property owner recognizes he or she will be held responsible for any required repair or maintenance of the on-lot system and not the Township or its agents or Sewage Enforcement Officer.

[4] The requirements of Subsection D(7), if applicable.

E. Repair sewage systems.

(1) For repair sewage systems, the application and review process consists of the following four stages:

(a) Preliminary stage.

(b) Site evaluation stage.

(c) System design stage.

(d) Final inspection stage.

(2) In the preliminary stage, the applicant obtains a copy of Form 3800-FM-WSFR0290, Rev. 7/2005 from the Sewage Enforcement Officer or Municipal Secretary, completes Part 1 of the form and submits it, along with the appropriate permit fee,[2] to the Sewage Enforcement Officer. The Sewage Enforcement Officer reviews Part 1, and an on-site evaluation is scheduled at a mutually agreed-upon time.

[Amended 11-15-1995 by Ord. No. 95-5; 11-1-2017 by Ord. No. 2017-05]

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

(3) In the site evaluation stage, the Sewage Enforcement Officer will observe the soil test pits, also may observe percolation test and slope measurements, and completes Part II of the application. If percolation tests are performed, the procedure may follow the procedure outlined in Subsection D(3).

[Amended 11-1-2017 by Ord. No. 2017-05]

(4) The system design stage involves the completion of Part III of the application form by the applicant. The system design shall be the responsibility of the applicant.

[Amended 11-1-2017 by Ord. No. 2017-05]

(5) When the Sewage Enforcement Officer has determined that the application is complete, a permit shall be issued or denied.

(6) Permits shall be issued or denied by the Sewage Enforcement Officer, in writing, within seven days after receiving a completed application for permit, except as shown in Subsection C. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in a letter.

F. Inspections.

[Amended 11-15-1995 by Ord. No. 95-5]

(1) The applicant or contractor retained by the applicant is required to contact the Township Sewage Enforcement Officer prior to construction of the septic system.

(2) In the final inspection stage, the applicant must notify the Sewage Enforcement Officer when the installation is complete and ready for inspection or reinspection.

(3) No part of any installation shall be covered, nor in the case of new systems shall the building for which it is intended be occupied until it is inspected and given final written approval by the Sewage Enforcement Officer, except that the applicant may cover the installation in absence of written approval or disapproval at the expiration of 72 hours, excepting weekends and holidays, from the date the Sewage Enforcement Officer receives the notice to inspect. The Sewage Enforcement Officer may, by order, require an installation to be uncovered at the expense of the applicant if the installation was covered contrary to the provisions of this section.

(4) Elevated sand mounds and trenches.

[Amended 11-1-2017 by Ord. No. 2017-05]

(a) The first notification shall be given upon completion of scarification of system site.

(b) The second notification shall be given upon completion of placement of sand.

(c) The final inspection shall take place upon completion of all piping and tankage and permanent installation of pump and alarm.

(5) Standard (in-ground) beds and trenches.

[Added 11-1-2017 by Ord. No. 2017-05]

(a) The first notification shall be given upon completion of excavation of the system.

(b) The final notification shall be given upon completion of all piping and tankage and permanent installation of the pump and alarm.

§ 130-16 Application and permit fees. [1]

A. All fees paid under this section shall be made payable to Lower Saucon Township and shall be in the form of either checks or money orders.

B. All fees for applications and permits shall be set by the Township Council by resolution.

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

§ 130-17 Revocations and reinstatement of permits.

A. A permit shall be revoked by the Sewage Enforcement Officer at any time for any one or more of the following reasons, which shall be incorporated into the notice of revocation:

(1) When any change which has occurred in the physical conditions of any lands which will materially affect the operation of an individual or community sewage disposal system covered by any permit issued by the Sewage Enforcement Officer under the provisions of Chapter 72 of the Department's regulations;

(2) When one or more tests material to the issuance of the permit have not been properly conducted;

(3) When information material to the issuance of a permit has been falsified;

(4) When the original decision of the Sewage Enforcement Officer otherwise failed to conform with the provisions of the Act and the Department's regulations;

(5) When the permittee has violated the provisions of Chapter 71, 72 or 73 of the Department's regulations; or

(6) When the inspection reveals that the installation of the system, water supply location or the underlying soil or geologic conditions differ from those stated in the application.

B. Revocation of a permit becomes effective after the applicant receives written notice and the 10 days' opportunity to request a hearing under the terms of § 130-18B has elapsed.

C. After the permit has been revoked, no further construction of either the system or the building for which it is intended shall take place until the permit has been reinstated in writing.

D. A permit which has been revoked under this section shall be reinstated, in writing, after the reason for revocation is corrected satisfactorily by the applicant.

§ 130-18 Review of revocations and denials.

A. Upon receipt by the applicant of a notice of denial of a permit, the applicant may request, in writing, within 30 days of receipt of said notice, a hearing before the Council of Lower Saucon Township. The Council shall hold a hearing within 30 days after receipt of such a request. The Department shall be notified of the hearing by the Council.

[Amended 11-15-1995 by Ord. No. 95-5]

B. Revocation of permits shall occur only after written notice and 10 days' opportunity to request a hearing has been granted to the permittee. The Council shall hold a hearing within 15 days after receipt of such a request. The Department shall be notified of the hearing by the Council.

[Amended 11-15-1995 by Ord. No. 95-5]

§ 130-19 Waiver of liability.

Although this article is intended to provide guidelines for the proper installation of on-lot sewage disposal systems, nothing contained herein should be interpreted as a guaranty to the applicants or owners that systems installed under the provisions of this article will function as intended. Uncontrollable variables, such as soil characteristics, actual water usage and material or construction inadequacies, may cause a system malfunction even though the general guidelines of the State Department of Environmental Protection and this article are followed.

§ 130-20 Nuisances and penalties.

A. Any person who shall be found by the Sewage Enforcement Officer to be discharging sewage to the surface of the ground and such discharge shall, in fact, constitute a nuisance; then, upon written notice from the Township Sewage Enforcement Officer, said person shall be required to repair his or her sewage system to eliminate such nuisance. The repair shall be satisfactorily completed within 30 days of the receipt of the notice. Each thirty-day period subsequent to the original notice period that the identified nuisance continues shall be a separate violation of this article and shall be subject to either or all of the remedies described in Subsections B, C and D of this section.

B. This article shall be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this article shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 or by imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense. Each section of this article that is violated shall also constitute a separate offense.

[Amended 9-18-1996 by Ord. No. 96-10; 5-20-1998 by Ord. No. 98-17; 3-3-2021 by Ord. No. 2021-01]

C. Upon notice to any person violating Subsection A of this section in the manner described in Subsection A to abate or eliminate the nuisance and upon failure of such person to so abate or eliminate the nuisance in the time period described in Subsection A, the Township may take such steps as are necessary to abate or eliminate the nuisance and charge said person violating said section with all costs thereof, together with a collection fee of 10%, or file a municipal claim against said person for all the costs thereof, together with a collection fee of 10%, or file an action of assumpsit, without the filing of a claim, with the Prothonotary of Northampton County for all the costs thereof, together with a collection fee of 10%.

D. The Township may institute proceedings in any Court of Equity having jurisdiction to abate any violation of this article.

§ 130-21 Requirements for official sewer plan revisions and supplements (for subdivisions and land developments).

A. Testing shall be conducted in accordance with the requirements of § 130-15 of this article for all subdivision and land development proposing on-lot sewage disposal as part of the Official Plan, revision or supplement planning process.

B. For nonresidential uses and subdivisions involving more than 10 residential lots or dwelling units, the developer shall contact the Department of Environmental Protection via form ER-BCE-116 [Department of Environmental Protection (DEP) postcard], which may be obtained from the Sewage Enforcement Officer.

C. Prior to initiating testing, the developer shall provide a sketch plan showing test locations and shall have the locations staked at the site with a designation corresponding with that on the plan. Any additional testing shall be marked in the same manner.

D. The developer shall pay the required fees or deposits for testing review.

E. Plans must be provided as supporting documentation to a request for approval of an Official Plan revision or supplement, and these plans shall show all data required by the Department and shall show, among other things:

(1) Proposed and existing building structures (approximate);

(2) The location of soil probes and percolation tests, whether passing or failing;

(3) Proposed or existing water supplies or wells;

(4) The location of all existing and proposed street and right-of-way lines;

(5) Existing and proposed lot lines; and

(6) Existing and proposed on-lot absorption areas (both primary and alternate locations).

F. The plans shall show primary and alternate absorption areas sufficient to illustrate that such systems can be placed while maintaining required isolation distances.

G. The applicant requesting that the Township consider an Official Plan supplement or revision shall be responsible for completion of the appropriate components of the Department Planning Module for Land Development and for providing the required testing, supporting plans and other data. The module will be reviewed and approved or denied in accordance with the procedures specified in Chapter 71 of the Department's regulations.