[Adopted 1-20-1988 by Ord. No. 87-13]
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.
This article may be known and cited as the "Lower
Saucon Township On-Lot Sanitary Sewer Ordinance."
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.
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.
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.
ABSORPTION AREA
(1)
(2)
ACT
CARBONATE GEOLOGY AREA
(1)
(2)
CAVERN
CERTIFIED SEWAGE ENFORCEMENT OFFICER
CHAPTER 71 OF THE DEPARTMENT'S REGULATIONS
CHAPTER 72 OF THE DEPARTMENT'S REGULATIONS
CHAPTER 73 OF THE DEPARTMENT'S REGULATIONS
CLOSED DEPRESSION
COMMUNITY SEWAGE SYSTEM
DEPARTMENT
DISAPPEARING STREAMS
FRACTURE TRACES
GHOST LAKES
INDIVIDUAL SEWAGE SYSTEM
LINEAMENTS
OFFICIAL PLAN
PINNACLES
(1)
(2)
(3)
SINKHOLES
The following words and terms, when used in this article,
shall have the following meanings:
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.
PRIMARY ABSORPTION AREAThe absorption area which is initially permitted and installed for the proposed use.
ALTERNATE ABSORPTION AREAA tested area which is reserved for possible future installation of an absorption area, if the primary absorption area is clogged or otherwise is malfunctioning.
The Pennsylvania Sewage Facilities Act (Act of January 24,
1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq.).
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]
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.
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.
A subterranean cavity or cave produced by dissolution of
limestone or dolomite.
Any person certified as qualified to issue permits for individual
or community sewage systems by the Certification Board.
Pennsylvania Code, Title 25, Chapter 71, Administration of
Sewage Facilities Program.
Pennsylvania Code, Title 25, Chapter 72, Administration of
Sewage Facilities Permitting Program.
Pennsylvania Code, Title 25, Chapter 73, Standards for Sewage
Disposal Facilities.
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.
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.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
Streams that empty completely into a sinkhole or cavern.
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.
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.
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.
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.
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.
Tall, slender spires of carbonate bedrock. Pinnacles are
formed from the chemical dissolution of carbonate rocks along planes
of weakness (joints and fractures).
SURFACE PINNACLESSuch formations that protrude above the natural grade.
SUBSURFACE PINNACLESSuch formations that exist below the surface of the ground.
SHALLOW SUBSURFACE PINNACLESSuch formations that exist less than 20 inches below the ground surface.
[Added 11-15-1995 by Ord. No. 95-5]
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.
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.
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.
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.
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.
(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]
[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.
E.
Repair sewage systems.
(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.
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.
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.
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]
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.
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.
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.