[Adopted 9-11-1995 by Ord.
No. 225]
A.
The definitions set forth at Title 25, Pennsylvania Code,
Section 71.1, shall apply when the words and terms defined therein are used
in this article.
B.
When used herein, the singular shall include the plural.
C.
DEPARTMENT
OWNER
TOWNSHIP
Definitions. As used in this article, the following terms
shall have the meanings indicated:
The Pennsylvania Department of Environmental Protection.
The legal title holder of a parcel of ground as identified by the
most recent real estate tax duplicate for Franconia Township or in a subsequent
deed recorded in the office of the Recorder of Deeds for Montgomery County.
Franconia Township.
Whenever a revision to the Franconia Township Sewage Facilities Plan
has been approved by the Department to authorize Department-permitted nonmunicipal
individual sewage systems at the request of a private developer or owner and
when the private developer or owner has obtained the required permits from
the Department for installation of the proposed sewage facilities, the following
requirements shall be met:
A.
New buildings.
(1)
Before issuance of a building permit for a lot where
the proposed sewage facilities are to be installed, the owner shall provide
the township with copies of the approved permits issued by the Department
for installation of the proposed sewage facilities.
(2)
An application for a building permit for a lot where
the proposed sewage facilities are to be installed shall be restricted to
the size of the dwelling as authorized by the sewage discharge limitations
set forth in the permits issued by the Department, as amended from time to
time.
(3)
Before issuance of a building permit for a lot where
the proposed sewage facilities are to be installed, the owner shall execute
a written agreement prepared by the township and provide financial security
sufficient to cover the costs of the proper installation of the sewage facilities
pursuant to Section 509 of the Pennsylvania Municipalities Planning Code,[1] the provisions of which are incorporated into this article by
reference.
[1]
Editor's Note: See 53 P.S. § 10509.
(4)
Before issuance of a use and occupancy permit for a lot
where the sewage facilities are installed, the owner shall provide the township
with:
(a)
A certificate or other evidence of insurance, providing
liability or other coverage in the amount of $300,000, insuring against liability
which is the result of an insurable occurrence in the operation of the sewage
facility as defined in a standard Pennsylvania homeowner's policy.
(b)
An escrow account in the name of the township in the amount of $5,000 to guarantee the future operation and maintenance of the sewage facilities pursuant to the requirements of § 112-40 of this article.
(c)
A written indemnification and hold harmless agreement
in the form supplied by the township executed by the owner.
B.
Existing buildings. Before any construction of sewage
facilities proposed to service existing buildings, the owner of the lot where
the sewage facilities are to be installed shall:
(1)
Provide the township with copies of the approved permits
issued by the Department for installation of the proposed sewage facilities.
(2)
Execute a written agreement prepared by the township
and provide financial security sufficient to cover the costs of the proper
installation of the sewage facilities pursuant to Section 509 of the Pennsylvania
Municipalities Planning Code,[2] the provisions of which are incorporated into this article by
reference.
[2]
Editor's Note: See 53 P.S. § 10509.
(3)
Provide the township with:
(a)
A certificate or other evidence of insurance, providing
liability or other coverage in the amount of $300,000, insuring against liability
which is the result of an insurable occurrence in the operation of the sewage
facility as defined in a standard Pennsylvania homeowner's policy.
(b)
An escrow account in the name of the township in the amount of $5,000 to guarantee the future operation and maintenance of the sewage facilities pursuant to the requirements of § 112-40 of this article.
(c)
A written indemnification and hold harmless agreement
in the form supplied by the township executed by the owner.
Upon the sale or transfer of any lot where Department-permitted nonmunicipal
individual sewage systems have been installed, the purchaser of the lot shall
provide:
A.
A certificate or other evidence of insurance in the name
of the purchaser, providing liability or other coverage in the amount of $300,000,
insuring against liability which is the result of an insurable occurrence
in the operation of the sewage facilities as defined in a standard Pennsylvania
homeowner's policy.
B.
Evidence that the permit required by the Department has
been transferred in the name of the purchaser.
C.
An escrow deposit in the amount of $5,000 to guarantee the future operation and maintenance of the sewage facilities pursuant to the requirements of § 112-40 of this article.
D.
A written indemnification and hold harmless agreement
in the form supplied by the township executed by the purchaser.
The obligations of the owners of property where Department-permitted
nonmunicipal individual sewage systems have been installed, as required by
this article, shall be continuing obligations during ownership of the property.
Specifically, property owners shall:
A.
Maintain continuing insurance coverage as required herein
and present a certificate or other evidence of continuing insurance to the
township 14 days before the end of each policy period.
B.
In the event that the township is required to make expenditures from the escrow deposit required by §§ 112-35 and 112-36 of this article under the circumstances authorized by § 112-40 of this article, within five days after demand therefor by the township, deposit with the township such amount as may be required to maintain the escrow deposit in the amount of $5,000.
The owner of a property where a Department-permitted nonmunicipal individual
sewage system has been installed shall submit to the township copies of all
monitoring reports required by the Department.
Department-permitted nonmunicipal individual sewage systems require
adequate operation and maintenance to prevent the creation of environmental
problems or public health hazards associated with improperly treated sewage.
In order to ensure the continued proper operation and maintenance of the sewage
facilities, the following requirements shall apply:
A.
The sewage facilities shall be inspected once each year
by a township designee at the expense of the owner of the property where the
sewage facilities have been installed. The owner's acceptance of a use and
occupancy permit, upon original issuance or upon re-issuance, shall constitute
consent for representatives of the township to enter upon the premises and
undertake such activities as may be required to conduct the inspections, as
authorized by Section 8 of the Pennsylvania Sewage Facilities Act, as amended.[1] The inspections shall include taking samples of the effluent discharge
for testing by a laboratory certified by the Environmental Protection Agency
to ensure compliance with the requirements of the Department for the operation
of the facility.
[1]
Editor's Note: See 35 P.S. § 750.8.
B.
The cost of the inspections and laboratory tests required
by this section shall be billed by the township to the property owner. Ten
percent shall be added to the cost of the inspection to reimburse the township
for overhead incurred in the administration of the inspection.
C.
Bills submitted to the owner of the property for the
cost of the inspection, laboratory test and overhead shall be paid within
60 days from the date of the bill. Interest on delinquent bills shall accrue
at the rate of 10% per year, and the amount due plus accrued interest may
be filed as a municipal lien upon the property of the owner and collected
as provided by the Pennsylvania Municipal Claims Act.[2]
[2]
Editor's Note: See 53 P.S. § 7101 et seq.
The Pennsylvania Clean Streams Law and Sewage Facilities Act[1] declare the discharge of untreated sewage and the operation of
sewage facilities contrary to the conditions of a permit to be nuisances.
In order to assure the proper operation and maintenance of Department-permitted
nonmunicipal individual sewage systems, the following requirements shall be
met:
A.
Whenever, as the result of an inspection or other information
received, the township determines that a Department-permitted nonmunicipal
sewage facility is not being properly maintained, is malfunctioning or is
being operated contrary to the conditions of a permit therefor, the township
shall serve a written notice of violation upon the record owner of the property
where the sewage facilities are installed. Service of the notice of violation
shall be made by certified mail, return receipt requested, or by personally
handing the notice to the record owner.
B.
Immediately upon being served with a proper notice of violation, the owner shall make arrangements with a certified sewage hauler to remove the sewage in the system as often as necessary to prevent untreated sewage from discharging from the system until corrective action has been taken and approved by the Township Engineers. The owner shall provide the township with a copy of an agreement or other documented evidence of the commitment with the certified sewage hauler for the removal of the sewage and disposal thereof at a licensed sewage disposal facility. If the owner fails to make the necessary arrangements for the removal and disposal of the sewage, the township shall have the right to enter upon the property and cause the sewage to be removed at the owner's expense, chargeable as provided in Subsection E of this section.
C.
Within seven days of the date of service of the notice
of violation, the owner shall take corrective action to bring the sewage facilities
into compliance with the requirements for proper operation. Corrective action
for compliance shall be completed within 30 days from the date of service
of the notice of violation.
D.
Upon completion of the corrective action, the owner shall inform the township and shall make the sewage facilities available for inspection by the Township Engineers at the owner's expense, chargeable as provided in Subsection E of this section.
E.
If the record owner of the property fails or neglects
to bring the sewage facilities into compliance within 30 days from the date
of service of the notice of violation, the township, by its agents, officials
and contractors, shall be authorized to enter upon the property and perform
such work and undertake such activities as are required to correct the condition
which is the cause of the violation. The owner's acceptance of a use and occupancy
permit, upon original issuance or upon re-issuance, shall be deemed consent
for representatives of the township to enter upon the premises and perform
such work and undertake such activities as may be reasonably required to correct
the condition which is the cause of the violation. The owner of the property
shall be liable for all reasonable expenses incurred by the township in correcting
the condition which is the cause of the violation. Such expenses shall be
deducted from the property owner's escrow deposit held by the township, and
any expenses incurred in excess of the escrow deposit shall be billed by the
township to the property owner. Bills submitted to the property owner shall
be paid within 60 days from the date of the bill. Interest on delinquent bills
shall accrue at the rate of 10% per year, and the amount due plus accrued
interest may be filed as a municipal lien upon the property of the owner and
collected as provided by the Pennsylvania Municipal Claims Act.[2]
[2]
Editor's Note: See 53 P.S. § 7101 et seq.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq and 35 P.S. § 750.1
et seq., respectively.
Upon the sale or transfer of any lot where Department-permitted nonmunicipal sewage facilities have been installed and upon receipt by the township of an escrow deposit in the amount of $1,000 from the purchaser, as required by § 112-36 of this article, the escrow deposit of the prior owner shall be refunded, together with any interest earned thereon.
The provisions of this article requiring the proper operation and maintenance
of sewage facilities shall not apply to sewage facilities which malfunction
as the result of a natural disaster, act of God or other cause beyond the
control of the owner, in which event, however, the owner shall take all reasonable
means to prevent the discharge of untreated sewage, including, if necessary,
discontinuing the use of the sewage facilities until the facilities are repaired
or replaced.
[Amended 6-10-1996 by Ord.
No. 237; 3-8-1999 by Ord.
No. 271]
Any person who violates or permits a violation of this article shall,
upon being liable therefor in a civil enforcement proceeding commenced by
the township, pay a fine not exceeding $600 plus all court costs, including
reasonable attorney's fees incurred by the township. No judgment shall be
imposed until the date of the determination of violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the township
may enforce the judgment pursuant to the applicable Pennsylvania Rules of
Civil Procedure.
