A MANUAL FOR BUILDING SUSTAINABLE COMMUNITIES IN FRANKLIN COUNTY Prepared by: The Franklin County Coalition and The Community Environmental Legal Defense Fund (CELDF) Containing Ordinances, Legal Tools, and Policies To Implement the Franklin County Coalition's Declaration of Principles in Township and Borough Governments First Edition A Letter from the Editor of the First Edition of A Manual for Building Sustainable Communities in Franklin County, Pennsylvania Thomas Linzey, Esq. Coordinator The Franklin County Coalition Chambersburg, Pennsylvania Dear Municipal Official and Community Leader, The Franklin County Coalition is proud to present you with the First Edition of A Manual for Building Sustainable Communities in Franklin County, Pennsylvania. The Franklin County Coalition was formed in 1998 by the leaders of nine Franklin County-based civic, community, and environmental organizations. In late 1998, that Coalition adopted its Declaration of Principles - sixteen statements outlining a sustainable vision for Franklin County. Those sixteen Principles, reprinted in the first pages of this Manual, have become the foundation for efforts across the County to support locally owned businesses, build viable downtowns, protect the County's rich historical legacy, preserve the County's rural communities, and protect the natural environment. Since 1998, the Coalition has published annual Voter Guides - which survey the support of local governmental officials for the Coalition's Principles, established a Franklin County Forest and Farmland Conservancy - to protect farmland and forestland within the County, hosted an annual public event with speakers of statewide and national recognition, and worked on a variety of land-use issues within individual Townships. This Manual represents another phase in the evolution of the Franklin County Coalition, and contains specific policies, programs, and Ordinances that can be used by municipal officials in Franklin County to implement the Coalition's Declaration of Principles. In its pages, you'll find materials dealing with corporate factory farms, the land application of sewage sludge, land value taxation, the protection of farmland and openspace, the use of renewable energies, and a variety of other issues. The Franklin County Coalition, now comprised of seventeen Countywide organizations and over a thousand members, looks forward to working with you over the coming years to implement the Coalition's Principles through the tools found in this Manual. We hope that you find this Manual useful in your efforts to build sustainable communities within Franklin County. Sincerely, Thomas Alan Linzey, Esq. Coordinator, Franklin County Coalition Table of Contents I. The Franklin County Coalition Declaration of Principles II. Principle #1: Stopping Sprawl and Encouraging Redevelopment A. Land Value Taxing Policy III. Principle #3: Supporting Locally Owned Businesses A. Preferential Purchasing Ordinance for Local Businesses IV. Principle #4: Establishing Environmental Advisory Councils A. An Ordinance Establishing an Environmental Advisory Council V. Principle #8: Supporting Use of Renewable Energy Sources A. Limited Solar System Installation Ordinance B. Recycled Paper Purchasing Ordinance VI. Principle #9: Protecting Water Supplies A. Sewage Sludge Testing Fee Ordinance B. Biosolids Bonding Ordinance C. Ordinance Regulating Large Water Withdrawals by New Users VII. Principle #10: Preserving and Restoring Farmland and Wildlife Habitat A. Impact Fees Ordinance for the Preservation of Openspace B. Model Zoning Ordinance Provisions C. Anti-Corporate Farming Ordinance VIII. Principle #12: Excluding Criminal Corporations from Doing Business A. "Three Strikes and You're Out" Corporate Ordinance B. Corporate Ownership and Control Disclosure Ordinance IX. Principle #16: Ensuring Easy and Open Access to Public Records A. Sunshine Act and Open Documents Ordinance The Franklin County Coalition Declaration of Principles Adopted March 15, 1998 The Franklin County Coalition, an organization composed of community groups and locally owned businesses located in Franklin County, hereby declares that it supports the following principles and urges local governments and the County government to observe these principles while making policy and budgetary decisions. The Franklin County Coalition believes that the Franklin County area is currently experiencing serious environmental degradation as a result of industrial development, residential development, unsustainable land use practices, and insufficient participation in governmental affairs at all levels. The Franklin County Coalition believes that governments and citizens should seek to preserve and protect the quality of life that makes Franklin County a rural, safe, and pleasant area in which to reside. The Coalition urges governments and citizens to recognize and address several problems that threaten Franklin County, which include: (1) The loss of open space and farmland resources; (2) The lack of regional land-use planning; (3) Urban sprawl and lack of cluster development; (4) Encouragement of irresponsible waste management; (5) Reduction in standard of living for Franklin County residents; (6) The failure to approach development needs in a consistent fashion that recognizes the importance of human communities and respect for natural communities. Therefore, the Franklin County Coalition announces its support for the following principles, and the policies and programs that will serve to implement these principles: 1. The Coalition urges local governments to reform the taxing system to discourage sprawl and encourage the redevelopment and urban renewal of boroughs. 2. The Coalition urges greater involvement of residents in all levels of local government, including both non-electoral and electoral participation. 3. The Coalition urges all local governments and residents to purchase goods and services from locally owned and operated businesses and residents. 4. The Coalition urges all local governments to establish Environmental Advisory Councils, and to incorporate the recommendations of these Councils into local government planning. 5. The Coalition urges the Franklin County Commissioners to make farmland protection and agricultural viability high priorities and to appropriately fund these efforts. 6. The Coalition urges local governments to adopt and support comprehensive transportation plans. These plans should only encourage the construction of new roads that are part of the plans. The Coalition also urges local governments to support planning for bike lanes, public transportation, other alternatives to vehicle use, and rails-to-trails projects. 7. The Coalition urges local governments to develop and support local recycling programs. The Coalition urges governments to establish locations for the collection of household hazardous waste. 8. The Coalition supports responsible energy use which promotes energy conservation and the use of renewable and non-polluting energy sources. 9. The Coalition urges all local governments to support community efforts to monitor surface and groundwater to ensure safe and clean water for public, agricultural, and wildlife use. 10. The Coalition urges all local governments to preserve and restore farmland, streamside buffers, wildlife, and wildlife habitat. 11. The Coalition urges all local governments to use municipal buildings as Clearinghouses for the distribution of materials on energy conservation, renewable energy resources, and voter registration and informational materials. 12. The Coalition urges all local governments to exclude corporations from doing business in the locality that have a history of violating local, state, or federal law. 13. The Coalition urges all local governments to adopt policies which provide for the preservation of all buildings, structures, and lands that have historic or potentially historic value. 14. The Coalition urges respect for diversity and for the rich cultural heritage of Franklin County. 15. The Coalition urges all local governments to exercise increased cooperation in regional planning, and to begin to produce comprehensive land use plans that address County-wide and region-wide environmental and community problems. 16. The Coalition urges local governments to adopt policies which ensure easy access to all public records. The Franklin County Coalition: The Earth Rights Institute, Inc. The Unity Coalition Citizens for Planned Responsible Growth The Greene/Guilford Environmental Association The Community Environmental Legal Defense Fund (CELDF) Shippensburg Student Environmental Action Coalition (SEAC) Conococheague Chapter of the Audubon Society The Green Ballot Clearinghouse Valley Citizens for a Healthy Environment The Community Lyceum Association Chambersburg Hispanic American Center (CHAC) Alliance for Sensible Growth Citizens for Representative Government (CRG) Waynesboro Historical Society Sunrise Chapter of the Chambersburg Kiwanis Kittochtinny Historical Society The South-Central Farmers Market Association (SCFMA) Mountainside Pet Rescue, Inc. Business Endorsers: The Candy Kitchen (Waynesboro) Waynesboro Trust Company (Waynesboro) Mt. Rock Animal Hospital (Southampton Township) Scott's Tire Service (Chambersburg and Gettysburg) The Galleria, Ltd. (Chambersburg) Remember When Flea Mkt. Collectables Boss' Outlet Nutrition Plus, Inc. Travel Inn (St. Thomas) Enjay Universal Enterprises, Inc. (St. Thomas) Wanda's Furniture Stake's Furniture Store (Waynesboro) Don's Food and Nutrition Center Better Health Nutrition Center By-The-Books Greencastle Coffee Roasters (Greencastle) Simmer's House of Birds and Pets Gibble's Upholstery Rowe Run Foods, International (Chambersburg) Juanita's Side Door Restaurant (Chambersburg) Twice Read Books (Chambersburg) Mexican Video Antonio's Mexican Products Creative Life Counseling, Inc. (Chambersburg) Industrial Control & Computer Consultants, Inc. (Waynesboro) Fox's Barber Shop (Chambersburg) Squires Appliances (Chambersburg and Shippensburg) Sunrise Computers (Chambersburg) Minuteman Press (Chambersburg) The Birth Place (Greencastle) A Woman of Uncommon Scents (Roxbury) Franklin County Coalition Declaration of Principles #1: "The Coalition Urges Local Governments to Reform the Taxing System to Discourage Sprawl and Encourage the Redevelopment and Urban Renewal of Boroughs." I. Land Value Taxing Policy for Boroughs Description: On November 24, 1998, Governor Tom Ridge signed into law an amendment to the Borough Code of Pennsylvania, which enables Borough governments to institute the Land Value Tax at the Borough level. Previously available only to Cities and municipalities which had adopted home rule charters, the Land Value Tax (also known as the "split rate tax") is now available to Borough governments. The split rate tax option enables Boroughs to shift tax rates off of buildings and onto land values by splitting the existing property tax rate into separate rates on land and improvements; and then by charging lower rates on improvements than on land. The land value tax option, therefore, is revenue neutral, it saves homeowners money, it stimulates re-development and renovation, and it increases taxes on out-of-state landowners and absentee landlords. The Land Value Tax has become one of the principal tools used by Pennsylvania cities such as Harrisburg and Pittsburgh (and thirteen others) to encourage re-development within their cities, which also has the effect of slowing sprawl from these areas into undeveloped farmland and forestland. The Borough of Chambersburg was the municipality which passed the resolution (on October 27, 1993) which appealed to the Pennsylvania legislature to enable the use of the split rate tax for Boroughs, noting that the tool had recently been extended to school districts of the third class. Representative Jeff Coy (D-Shippensburg) and Senator Terry Punt (R-Chambersburg) provided the impetus for the Bill as it moved through the House and Senate towards the Governor's signature. Reasons given to support the Land Value Tax shift: Encourages building upkeep; Stimulates new construction where needed; Discourages sprawl by encouraging good site use in already developed areas; Lowers property taxes for most home and business owners; Revitalizes downtown areas. No Ordinance is required to implement a shift from current taxation schedules to the split rate tax. For more information on Land Value Taxes, contact Alanna Hartzok (Scotland) of the Pennsylvania Fair Tax Coalition and the Earth Rights Institute, Inc. at 264-0957 or at earthrts@pa.net. Franklin County Coalition Declaration of Principles #3: "The Coalition Urges All Local Governments and Residents to Purchase Goods and Services from Locally Owned and Operated Businesses and Residents." I. Preferential Purchasing Ordinance Description: Requires Local Governments to give purchasing priorities to locally owned businesses. Local Preference Purchasing Ordinance Ordinance No. Section One. Declaration. The [Local Government] declares that the vitality of locally owned businesses requires that [Local Government] purchase goods and products necessary for the operation of [Local Government] from locally owned businesses whenever those goods and products are available from locally owned businesses at a competitive price. Section Two. Purpose. This Ordinance imposes a requirement upon [Local Government] to (1) give purchasing priorities to locally owned businesses, and (2) to encourage locally owned businesses to participate in the [Local Government] bidding process. Section Three. Definitions. "Commercial Facility" - A physical location or other place of business open to the public. "Locally Owned Business" - A sole proprietorship, partnership, or corporation incorporated in the Commonwealth of Pennsylvania, which owns a commercial facility within the [Local Government]. Section Four. Encouraging Bidding from Locally Owned Businesses. At least thirty days prior to acceptance of bids for materials and services for [Local Government], the [Local Government] shall distribute the request for bids to at least two locally owned businesses which possess the materials or service delivery necessary to fulfill the request for bids. This invitation for bids shall be done by written request from the [Local Government] and shall be sent concurrently with the publishing of the request for bids. Section Five. Purchasing Priorities. If the difference between the bid submitted by a non-locally owned business and the bid submitted by the locally owned business is negligible, the [Local Government] shall accept the bid submitted by the locally owned business. Negligibility shall be a reasonable determination by elected officials if the bid by the locally owned business is less than ten percent (10%) higher than the lowest bid received. Section Six. Severability. The judicial finding that any portion of this Ordinance is unenforceable shall not affect the administration of the other portions of this Ordinance. Franklin County Coalition Declaration of Principles #4: "The Coalition Urges all Local Governments to Establish Environmental Advisory Councils, and to Incorporate the Recommendations of these Councils into Local Government Planning." I. An Ordinance Establishing an Environmental Advisory Council Description: Establishes an Environmental Advisory Council to offer non-binding recommendations to Township and Borough governments concerning environmental issues that are considered by the Township Supervisors or Borough Councilpersons. An Ordinance Establishing an Environmental Advisory Council Ordinance No. Article One. An Advisory Council to be known as the "[Local Government] Environmental Advisory Council," is hereby created and shall continue to function until this Ordinance is revoked. Article Two. The Environmental Advisory Council shall be composed of three (3) to five (5) residents of [Local Government]. Article Three. Council members shall be appointed in accordance with the following: 3.01. All Council members shall be appointed by the [Local Government]. 3.02. Council members' terms of office shall expire on the first Monday in January following the last year of their term of office. 3.03. Duly appointed Council members shall serve a term of three (3) years, except that initial appointments shall be so staggered that the terms of approximately one-third of the membership shall expire each year. 3.04. Whenever possible, one member shall also be a member of the [Local Government] Planning Commission. Article Four. Council members shall receive no compensation for their services, but may be reimbursed for the expenses actually and necessarily incurred by them in the performance of their duties. Each reimbursement shall be separately considered by the Board of Supervisors. Article Five. The EAC is to be advisory to, and shall coordinate, its activities with the Board of Supervisors, Planning Commission, Historical Commission and any other such [Local Government] agencies. Article Six. The appointed council members shall designate the Chairman of the Council. Article Seven. The Environmental Advisory Council shall have the following powers: 7.01. Identify environmental problems. 7.02. Recommend plans and programs to the appropriate agencies for the promotion and conservation of natural resources and for the protection and improvement of the quality of the environment within [Local Government]. 7.03. Make recommendations as to the possible use of open land areas of [Local Government]. 7.04. Promote a community environmental program. 7.05. Develop and maintain an index of all open areas, publicly or privately owned, including, but not limited to, flood prone areas, swamps and other unique natural areas. 7.06. Advise the appropriate local governmental agencies in the acquisition of property, both real and personal. 7.0.7 Undertake such environmentally-related tasks as requested by the [Local Government]. Article Eight. The Environmental Advisory Council shall keep records of its meetings and activities and shall submit an annual report to the [Local Government]. Minutes of each quarterly meeting shall also be forwarded to the [Local Government]. Article Nine. The [Local Government] may, from time to time, appropriate funds for the expenses incurred by the Council. Article Ten. Severance Clause Should any section, paragraph, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of said Ordinance shall not be affected thereby, and shall remain in full force and effect. Article Eleven. Repealer Clause All Ordinances or parts of Ordinances or Resolutions conflicting with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Franklin County Coalition Declaration of Principles #8: "The Coalition Supports Responsible Energy Use, Which Promotes Energy Conservation, and the Use of Renewable and Non-Polluting Energy Sources." I. Limited Solar System Installation Ordinance Description: Requires the builders of all new residential homes within the Township or Borough to install solar powered hot water heaters into each housing unit. An Ordinance Requiring New Residential Developments to Install Solar Water Heating Systems Ordinance No. Section One. Name. The name of this Ordinance shall be the "Solar Installation Ordinance." Section Two. Purpose. The purpose of this Ordinance is to provide energy efficient residential housing to new home purchasers in [Local Government]; to stimulate the installation of solar powered hot water heaters; and to decrease the reliance by [Local Government] residents on non-renewable fossil fuels. [Local Government] hereby declares that the transition to renewable energy systems is of public importance, and that the impacts of the use of non-renewable fossil fuels on the residents of [Local Government] is substantial. Section Three. Definitions. Unless otherwise expressly stated, the following words and phrases in this chapter shall have the following meaning: "New Homes" - All residential housing units and developments whose physical construction begins after the date of the passage of this Ordinance. "Solar Powered Hot Water Heater" - A Hot Water Heater that relies wholly or partially on heat generated by the sun for the purpose of providing hot water to residential users. Section Four. Statement of Law. As of the date of passage of this Ordinance, all newly constructed residential houses within the boundaries of [Local Government] shall be constructed with solar powered hot water heaters that provide at least 50% of annual hot water heating requirements for each residential housing unit. Section Five. Powers of the Township Supervisors. The Township Supervisors shall have all the powers necessary to make this Ordinance effective. Section Six. Severability. The judicial finding that any portion of this Ordinance is unenforceable shall not affect the administration of the other portions of this Ordinance. Section Seven. Effect. This Ordinance shall be effective immediately upon passage. II. Recycled Paper Purchasing Ordinance Description: Codifies a local government's responsibility to purchase high-content recycled, chlorine-free processed office paper in the interest of reducing energy use, and promoting the reuse of paper. A Paper Recycling Ordinance Ordinance No. Section One. Name. The name of this Ordinance shall be the "[Local Government] Paper Recycling Ordinance." Section Two. Purpose. The purpose of this Ordinance is to reduce the use of virgin paper products by the [Local Government] office and to be a responsible purchaser that respects the wise use of Pennsylvanian and national natural resources. Section Three. Definitions. Unless otherwise expressly stated, the following words and phrases in this chapter shall have the following meaning: "Paper Products" - Includes, but is not limited to, pre-printed envelopes, non pre-printed envelopes, copier paper, fax paper, non pre-printed computer paper, file folders, index cards, expanding file folders, self-stick notes, phone message pads, legal pads, toilet tissue, facial tissue, and paper towels. This word shall be interpreted to apply to all paper products used by the [Local Government], excepting those products that are subject to pre-printing or design specifications that are unavailable in recycled paper supplies. "Post Consumer Waste"- Paper product that has been used previously in the consumer waste stream, and those end products generated by consumers that have been separated or diverted from the solid waste stream. "Recycled Paper Product" - Office supplies containing 100% recycled paper, and containing at least 50% post consumer waste. Section Four. Statement of Law. As of the date of passage of this Ordinance, the [Local Government] shall only purchase and use paper products composed of 100% recycled content that contains 50% or greater content of post-consumer waste. Section Five. Fallback Provisions. If paper that satisfies the provisions of this Ordinance is either (1) unavailable, or (2) aesthetically unsuitable, then the [Local Government] may purchase the next available highest recycled content paper products, not to drop lower than 50% recycled content that contains 20% or greater post consumer waste. Section Six. Powers of the [Local Government]. The [Local Government] shall have all the powers necessary to make this Ordinance effective. Section Seven. Severability. The judicial finding that any portion of this Ordinance is unenforceable shall not affect the administration of the other portions of this Ordinance. Section Eight. Effect. This Ordinance shall be effective immediately upon passage. Franklin County Coalition Declaration of Principles #9: "The Coalition Urges All Local Governments to Support Community Efforts to Monitor Surface and Groundwater to Ensure Safe and Clean Water for Public, Agricultural, and Wildlife Use." I. Sewage Sludge "Tipping Fee" and Testing Ordinance AN ORDINANCE TO PROTECT THE HEALTH OF THE CITIZENS AND THE ENVIRONMENT OF __________ TOWNSHIP BY ADOPTING AND ENFORCING UNIFORM STANDARDS CONCERNING THE LAND APPLICATION OF SEWAGE SLUDGE; ESTABLISHING MAXIMUM LIMITS FOR CONCENTRATIONS OF POLLUTANTS AND THE RATES OF APPLICATION PER ACRE OF LAND; REQUIRING TESTING OF SEWAGE SLUDGE FOR METALS, CHEMICALS, PATHOGENS, RADIOACTIVITY, pH, VECTOR ATTRACTION, AND OTHER POLLUTANTS; REQUIRING SITE AND APPLICANT REGISTRATION FOR THE LAND APPLICATION OF SEWAGE SLUDGE WITHIN THE TOWNSHIP; AUTHORIZING THE INSPECTION OF LAND APPLICATION OF SEWAGE SLUDGE; AND SETTING FORTH PENALTIES FOR VIOLATIONS. Section 1-Name This Ordinance shall be known and may be cited as the __________ Township Sewage Sludge Safety Ordinance. Section 2-Authority This Ordinance is enacted pursuant to the authority granted to __________ Township by all relevant Federal and State laws and their corresponding regulations, including, without limitation, the following: The provisions of The Second Class Township Code, Article VII, as codified in 53 P.S. § 65101 et seq., which authorizes __________ Township to provide for the protection and preservation of natural and human resources, to promote, protect, and facilitate public health, safety, and general welfare, and to preserve and protect farmland, woodland, and the recreational uses of land within the Township; The provisions of The Second Class Township Code, Article VII, as codified in 53 P.S. § 66501 et seq., which authorizes __________ Township to enact ordinances concerning the protection of the Township residents' health, the regulation of refuse material and nuisances, and the promotion of public safety; The provisions of The Second Class Township Code, Article VII, as codified in 53 P.S. § 67101, which empowers __________ Township to prohibit the accumulation of ashes, garbage, solid waste, and other refuse materials within the Township; Pennsylvania Constitution, Article I, Section 27; Solid Waste Management Act, 35 P.S. § 6018.101 et seq., which expressly preserves the rights and remedies of townships concerning solid waste within their borders; Municipal Waste Regulations, 25 Pa. Code §§ 271, 275, 287, and 291, et seq.; Pennsylvania Air Pollution Control Act, 35 P.S. § 4001 et seq; Clean Air Act, 42 U.S.C. §§ 7416 and 7431; Safe Drinking Water Act, 35 P.S. § 7211 et seq.; Right-to-Know Act, 42 U.S.C. § 11001 et seq., 35 P.S. § 7301 et seq; Nutrient Management Act, 3 P.S. § 1701 et seq.; Land Application of Sewage Sludge, 40 C.F.R. Part 503; and General Pretreatment Regulations for Existing and New Sources of Pollution, 40 C.F.R. Part 403. Section 3-Findings and Purpose In support of enactment of this Ordinance, the Board of Supervisors of __________ Township finds and declares: That the land application of sewage sludge in __________ Township poses a significant threat to the health, safety, and welfare of the citizens and the environment of __________ Township if the levels of heavy metals, pathogens, chemicals, radioactive material, vector attractants, or other pollutants in the sewage sludge exceed the levels determined to be safe by the Pennsylvania Department of Environmental Protection ("DEP"); That under current law, __________ Township is powerless to prohibit the land application of sewage sludge that complies with all applicable laws and regulations; That in order to protect the health, safety, and welfare of the residents of __________ Township, the soil, groundwater, and surface water, the environment and its flora and fauna, and the practice of sustainable agriculture, it is necessary to register each sewage sludge site and land applicant operating in __________ Township and to test each truckload of sewage sludge that is applied within the Township to determine if certain specified metals, chemicals, pathogens, radioactive material, vector attractants, and other pollutants are present, to determine the levels of said pollutants, and to determine whether those levels exceed the levels allowed under applicable laws and regulations; That DEP does not possess sufficient personnel to ensure that persons land applying sewage sludge in __________ Township are doing so in compliance with Federal and State laws and regulations, and so __________ Township must enforce such compliance by methods consistent with Federal and State laws and regulations concerning land application of sewage sludge, including requiring site registration, land applicant registration, and sewage sludge testing prior to land application of sewage sludge in __________ Township; That a testing fee of $_____ per ton of sewage sludge is necessary to cover the cost of testing each truckload of sewage sludge to be land applied in __________ Township, which fee has been determined as follows: __________ Township provided four laboratories with a list of the tests required and received price quotations from each laboratory. The average of the four quotations was $____ per truckload. None of the laboratories could provide radiological analysis, which can only be provided by DEP at a cost of approximately $_____ per truckload. The total cost of testing thus is $______ per truckload. In addition, __________ Township will have to provide an employee or agent to take samples for each truckload. The Township has thus concluded that the sum of $_____ per test is a reasonable estimate of the Township's cost to test each truckload. The trucks delivering sewage sludge carry an average of twenty-three (23) tons of sludge, which results in a total cost of $_____ per ton, which, together with administrative costs, justifies a total testing fee of $_____ per ton of sewage sludge; and That __________ Township's cost of testing sewage sludge should be borne by those persons and corporations land applying sewage sludge in __________ Township. Section 4-Interpretation Anyone interpreting, implementing, or applying this Ordinance shall give priority to the findings and purposes stated in Section 3 over such considerations as economy, efficiency, and scheduling factors. Section 5-Definitions The following terms shall have the meanings defined in this section wherever they are used in this Ordinance. Administrative Completeness: An application is administratively complete if it contains the necessary analyses, fees, documents, and information, regardless of whether the analyses, fees, documents, and information would be sufficient for the issuance of the permit or the determination of applicability. 25 Pa. Code Chapter 271, Subchapter I, § 271.822. Applicant or Sewage Sludge Applicant: Any person responsible for complying with all Federal, State, and local laws and regulations concerning the land application of sewage sludge. Beneficial Use: Use or reuse of residual waste or material derived from residual waste for commercial, industrial, or governmental purposes where the use or reuse does not harm or threaten public health, safety, welfare, or the environment, or the use or reuse of processed municipal waste for any purpose where the use or reuse does not harm or threaten public health, safety, welfare, or the environment. 25 Pa. Code Chapter 271, Subchapter A, § 271.1. DEP: Pennsylvania Department of Environmental Protection. Final Action: The granting, denial, suspension, revocation, or reissuance of a site registration or land application registration, any truckload acceptance or rejection, and the issuance, failure to issue, or revocation of a notice of violation, compliance order, injunction, cease and desist order, or any other order. Land Application or Land Apply: The spraying or spreading of sewage sludge onto the land surface for beneficial use; the injection of sewage sludge below the land surface for beneficial use; or the incorporation of sewage sludge into the soil for beneficial use so that the sewage sludge can either condition the soil or fertilize crops for vegetation grown in the soil. 25 Pa. Code Chapter 271, Subchapter J, § 271.907. Laboratory or Qualified Laboratory: A facility that is certified by DEP to test sewage sludge samples for metals, chemicals, pathogens, radioactivity, vector attractants, and other pollutants for compliance with all applicable laws and regulations prior to the land application of the sewage sludge. Ordinance: The __________ Township Sewage Sludge Safety Ordinance, as amended. Pathogens: Organisms that cause disease, including, without limitation, certain bacteria, protozoa, viruses, and viable helminth ova. Permit Area: The area of land and water within the boundaries of any DEP permit that is designated on the permit application maps as approved by DEP. Person: Any natural person, company, corporation, business, contractor, joint venture, trust, trustee, court appointed representative, syndicate, association, partnership, firm, club, institution, cooperative enterprise, or agency; any government corporation, municipal corporation, city, county, municipality, district, or other political subdivision, department, bureau, agency, or instrumentality of federal, state, or local government; any other entity recognized by law as the subject of rights and duties; and any officer, agent, employee, independent contractor, or representative of any kind of any of the aforementioned persons. Pretreatment User: A person subject to the National Pretreatment Standards under 40 C.F.R. Chapter 1, Part 403, as amended. Pollutant: An organic substance, inorganic substance, a combination of organic substances, a pathogenic organism, or any other substance identified by DEP that, after discharge and upon exposure, ingestion, inhalation, or assimilation into an organism either directly from the environment or indirectly from ingestion through the food chain, could, on the basis of information available to DEP, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction), or physical deformation in either organisms or offspring of organisms. 25 Pa. Code Chapter 271, Subchapter J, § 271.907. Sewage Sludge: Liquid or solid sludge and other residue from a municipal sewage collection and treatment system, and liquid or solid sludge and other residue from septic and holding tank pumpings from commercial, industrial, or residential establishments. The term includes material derived from sewage sludge. The term does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator, grit and screenings generated during preliminary treatment of sewage sludge at a municipal sewage collection and treatment system, or grit, screenings, or inorganic objects from septic and holding tank pumpings. 25 Pa. Code Chapter 271, Subchapter A, § 271.1 Site or Sewage Sludge Site: A surveyed area of land used or to be used for the land application of sewage sludge. Site Registration Applicant: Any person responsible for registering or obtaining a permit for a sewage sludge site under applicable Federal, State, and local laws and regulations. Source or Sewage Sludge Source: The wastewater treatment facility or other facility that produces the sewage sludge to be land applied. Substantially Owned or Controlled: A person substantially owns or controls another person if he has the ability to evade the intent of Section 11.6 of this Ordinance by using that person to land apply sewage sludge, operate a sewage sludge site, or prepare sewage sludge for disposal in __________ Township. Township: __________ Township in __________ County, Pennsylvania, its Board of Supervisors, or its representatives or agents. Vector Attraction: The characteristic of sewage sludge that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents. Section 6-Requirements It shall be unlawful for any person to land apply sewage sludge in __________ Township unless: Section 6.1: The sewage sludge site has a valid permit as may be required by DEP or any agency under the laws of the Commonwealth of Pennsylvania and the United States of America; and Section 6.2: The sewage sludge site has a valid site registration issued by __________ Township under Section 7 of this Ordinance; and Section 6.3: The sewage sludge applicant holds a valid permit as may be required by DEP or any other agency under the laws of the Commonwealth of Pennsylvania and the United States of America; and Section 6.4: The sewage sludge applicant holds a valid land application registration issued by __________ Township under Section 8 of this Ordinance; and Section 6.5: The site registration applicant and sewage sludge applicant comply with all applicable Federal, State, and local laws and regulations concerning the land application of sewage sludge, including, without limitation, 40 C.F.R. Chapter 503, 25 Pa. Code Chapters 271, 275, 287, and 291, and this and other Township ordinances, all as amended. Section 7-Site Registration Before any person may land apply sewage sludge on a site in __________ Township, the site must receive a site registration from __________ Township. Site registrations issued by __________ Township shall be valid for a period concurrent with the analogous DEP permit. __________ Township shall issue or deny the site registration within the later of: (a) twenty-four (24) hours after receiving the results of any background tests conducted pursuant to Section 10.1; or (b) thirty (30) days after the site registration applicant complies with this section, under which the site registration applicant must do the following: Section 7.1: Complete and submit a written application in such form and number as reasonably required by __________ Township. Such application shall identify the name and address of the site registration applicant and be accompanied by an application map as required by DEP showing the location and necessary narrative descriptions for lands and data, including without limitation: (a) boundaries and names of present owners of record of land, both surface and sub-surface, for the DEP permit area, including easements, rights-of-way, and any other property interests; and (b) boundaries in which sewage sludge will be applied, including identification of all setbacks as required by Federal and State regulations. Section 7.2: Provide __________ Township with a copy of all materials provided to DEP for approval of the site for sewage sludge application, including, without limitation, soil, groundwater, and surface water information and background analyses, an erosion control plan, and a copy of the consent of the landowner of the site on which sewage sludge is to be land applied. Section 7.3: Provide __________ Township with the most recent Pretreatment Annual Report of the wastewater treatment facility producing the sewage sludge to be land applied at the site, including, without limitation, a list of Significant Users that have received written notices of violation at the wastewater treatment facility, the number of such notices issued to each Significant User during the reporting period, and a list of Significant Industrial Users of the wastewater treatment facility that are required to be permitted by EPA. Before __________ Township issues a site registration, the site registration applicant shall be required to have instituted an enforcement procedure for pretreatment violations at the wastewater treatment facility producing the sewage sludge to be land applied at the site. Section 7.4: Pay __________ Township a non-refundable administrative fee sufficient to cover all Township expenses reasonably incurred to process the site registration application. __________ Township shall set this fee by resolution and may adjust it by resolution as necessary. Section 7.5: Certify by letter that it has complied with all applicable Federal, State, and local laws and regulations concerning the land application of sewage sludge, including, without limitation, 40 C.F.R. Chapter 503, 25 Pa. Code Chapters 271, 275, 287, and 291, and this and other Township ordinances, all as amended. Section 8-Land Application Registration Before any person may land apply sewage sludge on a site in __________ Township, the sewage sludge applicant must receive a land application registration from __________ Township. Land application registrations issued by __________ Township shall be valid for a period concurrent with the analogous DEP permit. __________ Township shall issue or deny the land application registration within the later of: (a) twenty-four (24) hours after receiving the results of a sewage sludge test conducted pursuant to Section 10; or (b) thirty (30) days after the land application registration is administratively complete. To apply for a land application registration, the sewage sludge applicant must do the following: Section 8.1: Complete and submit a written application to __________ Township in such form and number as reasonably required by __________ Township. The submitted application must be administratively complete not less than forty-five (45) days prior to the date on which the land application of sewage sludge is to begin. The application shall inform __________ Township of: (a) the name and address of the person applying for the land application registration; (b) the source of the sewage sludge to be applied to the site, with each land application registration restricted to sewage sludge from a single source; (c) a current, certified list of the names and addresses of all pretreatment users of the sewage sludge source; (d) a copy of the required priority pollutant scan, if any; (e) the name and address of the person holding the current, valid __________ Township site registration for the land application; (f) a description of the route to be used by vehicles hauling sewage sludge from the source to the site; (g) a schedule of the date(s) and time(s) when the land application of sewage sludge will occur; (h) copies of all laboratory analyses conducted on the sewage sludge from the source within the prior twelve (12) months; (i) an application map showing the area in which sewage sludge will be land applied and the location of markers that will be posted to warn passers-by of the land application of sewage sludge; (j) a letter from the sewage sludge applicant certifying that it has complied with all applicable Federal, State, and local laws and regulations concerning the land application of sewage sludge, including, without limitation, 40 C.F.R. Chapter 503, 25 Pa. Code Chapters 271, 275, 287, and 291, and this and other Township ordinances, all as amended; and (k) a copy of the requisite DEP permit for land application of sewage sludge. Section 8.2: Pay __________ Township a non-refundable administrative fee sufficient to cover all Township expenses reasonably incurred to process the land application registration. __________ Township shall set this fee by resolution and may adjust it by resolution as necessary. Section 9-Land Application Operation Any person land applying sewage sludge in __________ Township shall do the following: Section 9.1: Comply with all applicable Federal, State, and local laws and regulations concerning the land application of sewage sludge, including, without limitation, 40 C.F.R. Chapter 503, 25 Pa. Code Chapters 271, 275, 287, and 291, and this and other Township ordinances, all as amended; Section 9.2: Pay __________ Township a testing fee of $____ per ton of sewage sludge to be land applied. Prior to land application of each truckload of sewage sludge, __________ Township shall test the sewage sludge pursuant to its authority under Section 10 of this Ordinance. No person shall land apply sludge from any truckload until __________ Township approves the land application after it receives the results of such tests, which tests __________ Township will process through a qualified laboratory as expeditiously as possible. __________ Township may reject land application of any truckload when test results of the sewage sludge indicate that the land application will violate Section 6.4 of this Ordinance. Section 9.3: Inform __________ Township of any discharges, upsets, spills, slug loadings, or any other violations of which the sewage sludge source is aware by operation of 40 C.F.R. §§ 403.8, 403.12, and 403.16, as amended. Section 9.4: Upon changing the scheduled date(s) and time(s) for land application, notify __________ Township of the changes at least twelve (12) hours prior to the new date(s) and time(s). Section 9.5: On the day land application begins, notify __________ Township by telephone (_______________) and fax (_____________) prior to commencing land application and give the Township the opportunity to attend the land application to monitor compliance with this Ordinance. Section 10-Inspection and Investigation Section 10.1: After receiving an administratively complete site registration application or land application registration, __________ Township may: (a) inspect the site to determine whether the site registration applicant has complied with this Ordinance; (b) test the background or accumulated levels of chemicals, metals, pathogens, radioactive material, and other pollutants in the soil, groundwater, or surface water at the sewage sludge site, and/or (c) test the sewage sludge to be applied by collecting and sending samples to a qualified laboratory to ensure that the land application will comply with Federal and State pollutant, pathogen, pH, vector attraction reduction, and other applicable regulations. The person who inspects the site on behalf of __________ Township may be accompanied by representatives of the site registration applicant, sewage sludge applicant, and DEP. __________ Township shall deny a site registration or land application registration if the results of any test or inspection reveal that the land application will violate any Federal, State, or local laws or regulations concerning the land application of sewage sludge. Section 10.2: __________ Township may inspect the land application of sewage sludge without notice or a search warrant to monitor compliance with this Ordinance. __________ Township will contact DEP in advance of any inspection so that DEP may accompany the Township at the inspection. At an inspection, __________ Township may collect samples of sewage sludge to be tested by a qualified laboratory to monitor compliance with Federal and State pollutant, pathogen, pH, vector attraction reduction, and other applicable regulations. If __________ Township determines that this Ordinance is being violated and is unable to secure compliance on site, the land application of sewage sludge shall be enjoined and the land application registration shall be suspended until violations are corrected. Section 10.3: After the land application of sewage sludge, __________ Township may inspect the site to monitor compliance with this Ordinance, including, without limitation, to determine whether the sewage sludge was properly applied, whether all DEP permit requirements have been achieved, and whether there is compliance with food and feed crop restrictions under all applicable laws. Section 10.4: Prior to conducting any inspection under this Ordinance, the person conducting the inspection on behalf of __________ Township shall present his Township credentials to the owner or occupier of the site unless this requirement would wholly or partially frustrate the inspection. Section 11-Enforcement and Revocation Section 11.1: Whenever __________ Township determines that there has been a violation of this Ordinance, the Township shall give notice to the person alleged to have violated the Ordinance. Such notice shall: (a) be in writing; (b) include a statement of the alleged violation(s); (c) be served upon the person alleged to be in violation of the Ordinance or his agent as required by the laws of the Commonwealth of Pennsylvania; (d) contain a compliance order that explains the remedial action that, if taken, will effect compliance with the Ordinance; and (e) provide the alleged violator with five (5) days to take the prescribed remedial action to cure his violation(s). Section 11.2: Upon failure of any person to comply with a notice of violation and compliance order, __________ Township may suspend the applicable site registration and/or land application registration with a cease and desist order that terminates land application of sewage sludge at the site at which the alleged violation(s) occurred. Section 11.3: Any person adversely affected by final action by __________ Township under this Ordinance may appeal such action only by filing such appeal in the Court of Common Pleas of __________ County within thirty (30) days after the date of the action being appealed. Section 11.4: In addition to the enforcement mechanisms available in sections 10.1 through 10.3 of this Ordinance, __________ Township shall, as provided by The Second Class Township Code, enforce this Ordinance by an action brought before a district justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. 53 P.S. § 66601(c.1)(2). Any person who violates any provision of this Ordinance shall be guilty of a summary offense and, upon conviction thereof by a district justice, shall be sentenced to pay a fine of $1,000.00 per violation, no more and no less, and shall be imprisoned to the extent allowed by law for the punishment of summary offenses. 53 P.S. § 66601(c.1)(2). A separate offense shall arise for each day or portion thereof in which a violation is found to exist and for each section of this Ordinance that is found to be violated. 53 P.S. § 66601(c.1)(5). The Township may also enforce this Ordinance through an action in equity brought in the Court of Common Pleas of __________ County. 53 P.S. § 66601 (c.1)(4). Section 11.5: All fines collected for violation of this Ordinance shall be paid to __________ Township. Section 11.6: Any person who violates and/or is convicted of violating this Ordinance two or more times shall be permanently prohibited from land applying sewage sludge, operating a sewage sludge site, or preparing sewage sludge to be land applied in __________ Township. This prohibition applies to that person's parent, sister, and successor companies, subsidiaries, and alter egos, and to any person substantially owned or controlled by the person (including its officers, directors, or owners) that twice violates this Ordinance. Section 12-Administration This Ordinance shall be administered by __________ Township. In its administration, __________ Township shall review and process all site registration applications and land application registrations, set and collect all fees for said registrations, indefinitely keep records of its discussions, findings, recommendations and actions taken in administering this Ordinance, and enforce all provisions of this ordinance. Section 13-Effective Date and Existing DEP Permitholders This Ordinance shall be effective five (5) days after the date of its enactment. Any land application of sewage sludge that has begun before the date this Ordinance is effective shall be completed in thirty (30) days. All land applications that begin on or after the date this Ordinance is effective shall comply with this Ordinance. Section 14-Severability The provisions of this Ordinance are severable. If any court of competent jurisdiction decides that any section, clause, sentence, part, or provision of this Ordinance is illegal, invalid, or unconstitutional, such decision shall not affect, impair, or invalidate any of the remaining sections, clauses, sentences, parts, or provisions of this Ordinance. The Board of Supervisors of __________ Township hereby declares that in the event of such a decision, it would have enacted this Ordinance even without the section, clause, sentence, part, or provision that the court decides is illegal, invalid, or unconstitutional. Section 15-Repealer __________ Township hereby repeals the provisions of any prior ordinance that are inconsistent with this Ordinance only to the extent necessary to remedy the inconsistency II. Biosolids Bonding Ordinance AN ORDINANCE PROVIDING FOR AN ESCROW DEPOSIT AND CREATING A TRUST FUND TO BE USED FOR REMEDIAL MEASURES AND EMERGENCY ACTIONS NECESSARY TO PREVENT OR ABATE ADVERSE EFFECTS ON THE ENVIRONMENT CAUSED BY THE LAND APPLICATION OF SEPTAGE AND SEWAGE SLUDGE UPON LANDS WITHIN GREENE TOWNSHIP BE IT ENACTED AND ORDAINED by the Board of Supervisors of _________Township, ________County, Pennsylvania, and hereby enacted and ordained by authority of the same as follows: SECTION 1 TITLE AND PURPOSE This Ordinance shall be known and cited as the __________Township Septage and Sewage Sludge Management Ordinance. The purpose of the Ordinance is to provide for an escrow of funds to be held in a trust the purpose of which is to provide a fund to assure the ready availability of resources to remediate and abate the potential adverse consequences which may occur as a result of a disposal of septage and sewage sludge upon lands of ________Township. The source of funding shall be through fees assessed against persons applying septage or sewage sludge upon the land and property owners who accept septage and/or sewage sludge on lands located within ________ Township. SECTION 2 DEFINITIONS The following definitions shall apply to the various terms used throughout this ordinance: Disposal - The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth. Hazardous Waste - Garbage, refuse or sludge from an industrial or other waste water treatment plant, sludge from a water supply treatment plant or air pollution control facility, and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities, or a combination of the above, which because of its quantity, concentration or physical, chemical or infectious characteristics may do one of the following: (a) cause or significantly contribute to an increase in mortality or increase in morbidity in either an individual or the total population; and/or (b) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. Land Application - Agricultural utilization or land reclamation of solid waste. The term does not include the disposal of solid waste in a landfill or disposal impoundment. Municipal Waste - Garbage, refuse, industrial lunchroom or office waste and other materials, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and sludge not meeting the definition of residential or hazardous waste from a municipal, commercial or institutional water supply treatment plant, waste water treatment plant or air pollution control facility. Person - Any natural person, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, Federal Government or state agency, State institution or agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this Ordinance prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors. Processing - Technology used for the purpose of reducing the volume or bulk of municipal or residual waste or technology used to convert part or all of the waste materials for offsite reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities and resource recovery facilities. Residual Waste - Garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations; and sludge from an industrial, mining or agricultural water supply treatment facility, waste water treatment facility or air pollution control facility, if it is not hazardous. Septage - Liquid or solid material removed from a septic tank, cesspool or similar treatment works that receives only waste or wastewater from humans or household operations. The term includes processed residential septage from a residential septage treatment facility. The term does not include liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant. Sewage Sludge - Liquid or solid sludges and other residues from a municipal sewage collection and treatment system; and liquid or solid sludges and other residues from septic and holding tank pumpings from commercial, institutional or residential establishments. The term includes materials derived from sewage sludge. The term does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator, grit and screenings generated during preliminary treatment of sewage sludge at a municipal sewage collection and treatment system, or grit, screenings and nonorganic objects from septic and holding tank pumpings. Solid Waste - Waste, including, but not limited, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. Storage - The containment of waste on a temporary basis which does not constitute disposal of the waste. It shall be presumed that the containment of waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary. Transfer Facility (Transfer Station) - A facility which receives and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing and disposal. The term includes land affected during the lifetime of the operations, including, but not limited to, areas where the storage or transfer actually occurs, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated onsite and contiguous collection and transportation facilities, closure and postclosure care and maintenance activities, and other activities in which the natural surface has been disturbed as a result of or incidental to operation of a transfer station. A facility is a transfer facility regardless of whether it reduces the bulk or volume of waste. Waste - A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. SECTION 3 HAULER/APPLICATOR FEE On and after the passage of this Ordinance, there is hereby imposed a Six Dollar ($6.00) per ton escrow fee on any person applying septage or sewage sludge upon any land within ________ Township, _______County, Pennsylvania. SECTION 4 LAND OWNER RECIPIENT FEE On or after the passage of this Ordinance, there is hereby imposed a Six Dollar ($6.00) per ton escrow fee on the owner of land who permits any person to apply septage or sewage sludge upon any land within _________Township, ______ County, Pennsylvania. SECTION 5 TRUSTS The Township shall establish two separate interest bearing trusts with an accredited financial institution and shall pay into one such trust so established the monies received under Section 3 of this Ordinance and shall pay into the other such trust the monies received under Section 4 of this Ordinance. The trust hereby created may be used only for remedial measures and emergency actions that are necessary to prevent or abate adverse effects upon the environment caused by the land application of septage and/or sewage sludge upon the land, provided substantial evidence reveals the contamination was directly or indirectly caused or created in whole or in part as a result of the land application of the septage and /or sewage sludge upon the land. However, the Township may withdraw actual costs incurred in establishing and administering the trust fund in an amount not to exceed 0.5% of the moneys deposited in the fund. The funds received under Section 3 and held in the trust created under this Section 5 are not to be used to remediate or prevent adverse environmental effects upon the land to which the septage or sewage sludge was applied, but are solely to be used to remediate and prevent adverse environmental effects upon other lands within _______Township which was caused by the land application of septage and/or sewage sludge. The funds received under Section 4 and held in the trust created under this Section 5 shall be used to remediate or prevent adverse environmental effects upon the land to which the septage or sewage sludge was applied. The trustee shall manage the trust in accordance with laws and regulations of the Commonwealth of Pennsylvania, except that moneys in the trust shall be invested in a manner that will allow withdrawals as provided in Section 5.4 of this ordinance. The trustee shall be a person whose trust activities are examined and regulated by a State or Federal agency. The trustee may resign only after giving notice 120 days to the Township and after the appointment of a new trustee. The trustee shall have an office located within __________ County, Pennsylvania. The trustee may release moneys from the trust only upon written request of the full Board of Supervisor of _______Township. Such request shall include the proposed amount and the purpose of the withdrawal and a certified copy of the Board of Supervisors written approval of the expenditure. Copies of the request shall be provided to the person or persons who applied septage and /or sewage sludge to the land, the owner of the land which is subject to the remedial or preventive action and the owner of the land to which the septage was applied. The provisions of the trust agreement shall be consistent with the requirements of this Ordinance and shall be provided to the hauler/applicator. The trust agreement shall be accompanied by a formal certification of acknowledgment. The trust shall continue to exist relative to a particular parcel of land to which septage and/or sewage sludge has been applied until twenty (20) years after the last application of septage or sewage sludge was made to it. At that time, the moneys remaining in the trust relative to that particular parcel of land, together with any accrued interest thereon, shall be withdrawn from the trust and be deposited in the Township's General Fund for use by the Township in accordance with the Township Code. SECTION 6 FEE PAYMENTS Payments due under Sections 1 and 2 of this Ordinance shall be made on the 15th day of the month for all septage and sewage sludge applied during the preceding month. The payment to be made by the person applying the septage and/or sludge to the landfill shall be accompanied by a notarized affidavit, executed by the person who applied the septage or sewage sludge to the land, identifying the name of the person who applied the septage or sewage sludge to the land and the location of the land by reference to the tax parcel number for each particular tract. The payment to be made by the owner of the land receiving application of the septage and/or sludge shall be accompanied by a notarized affidavit, executed by the landowner, identify the owner of the land as well as the location by reference to the appropriate tax parcel number, and the name of the person who applied the septage or sewage sludge to the land. If a hauler/applicator or landowner fails to make timely payment of the escrow fee, the hauler/operator or landowner shall pay interest on the unpaid amount due at the rate established pursuant to section 806 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, from the last day for timely payment to the date paid. In addition to the interest provided in Section 6.2, if the hauler/applicator or landowner fails to make timely payment of the escrow fee, there shall be added to the amount of fee actually due five percent (5%) of the amount of such fee, if the failure to file a timely payment is for not more than one month, with an additional five percent (5%) for each additional month, or fraction thereof, during which such failure continues, not exceeding twenty-five percent (25%) in the aggregate. If the Township determines that any hauler/applicator or landowner of septage or sewage sludge has not made a timely payment of the escrow fee, it will send a written notice for the amount of the deficiency to the hauler/applicator or landowner within 30 days from the date of determining such deficiency. When the hauler/applicator or landowner has not provided a complete and accurate statement of the weight of the septage or sewage sludge applied to the land for the payment period, the Township may estimate the weight in its deficiency notice. In the event a hauler/applicator or landowner fails to make escrow fee payments for three months, consecutive or otherwise, he shall be prohibited from land applying septage or sewage sludge until the Township receives full payment of all sums due, including all accrued interest on the principle sum due. All escrow fee payments collected and held by a hauler/applicator or landowner prior to payment to the Township shall constitute a trust fund for the township, and such trust shall be enforceable against the hauler/applicator or landowner, its representatives, and any person receiving any part of such fund without consideration or with knowledge that the operator is committing a breach of trust. However, any person receiving payment of a lawful obligation of the hauler/applicator or landowner from such fund shall be presumed to have received the same in good faith and without knowledge of the breach of trust. SECTION 7 CONTINUING LIABILITY Payments due under Sections 1 and 2 of this Ordinance shall not relieve either the person who applied the septage or sewage sludge to the land, the generator of the septage or sewage sludge, nor the owner of the land to which the septage or sewage sludge was applied from any and all responsibility or liability to third parties who incur damages of any nature as a result of the land application of septage or sewage sludge. The person who applied the septage or sewage sludge to the land and the landowner who permitted the septage or sewage sludge to be applied to his land shall be primarily jointly and severally liable for any damage caused as a result of the land application of septage or sewage sludge. Nothing in this Ordinance shall be understood or construed to, in any way, relieve the hauler/applicator of septage and/or sewage sludge nor the owner of the land receiving the same of any duty or obligation imposed by the Federal Clean Water Act, the Pennsylvania Clean Streams Law (35 P.S.§§691.1-691.101), §§1905-A, 1917-A and 1920-A of the Administrative Code of 1929 (71 P.S.§§510-5,510-17 and 510-20), the Solid Waste Management Act (35 P.S. §§6018.101-6018.1003), and the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P.S. §§ 4001-101-4000.1904). SECTION 8 PENALTY FOR VIOLATION Any person who violates any provision of this Ordinance shall, upon conviction thereof, be sentenced to pay a fine of not less than Three Hundred Dollars ($300.00) nor more than One Thousand Dollars ($1,000.00) and the costs of prosecution, or in default of payment of such fines and costs, to undergo imprisonment of not less than ten (10) days nor more than thirty (30) days. Each violation of any provision of this Ordinance and each day the same is continued shall be deemed a separate offense. For purposes of this Paragraph, the doing of any act or thing prohibited by any provision of this Ordinance, or the failure to do any act or thing as to which any provision of this Ordinance creates an affirmative duty, shall constitute a violation of this Ordinance, punishable as herein stated. The remedies provided to the Township under this Ordinance are in addition to any other remedies provided at law or in equity. SECTION 9 RESPONSIBILITY OF TOWNSHIP Nothing in this Ordinance shall be understood or construed as imposing any additional responsibility or liability upon the Township for compliance by the hauler/applicator nor the owner of the land receiving the application with the requirements of the Federal Clean Water Act, the Pennsylvania Clean Stream Law, the Solid Waste Management Act and the Municipal Waste Planning, Recycling and Waste Reduction Act and the regulations promulgated pursuant thereto. SECTION 10 APPLICABILITY OF OTHER LAWS AND ORDINANCES Nothing in this Ordinance shall be understood or construed to in any way to authorize any person to dispose, process or store septage, sewage sludge or any other waste within the Township without securing appropriate authorization from the Pennsylvania Department of Environmental Protection. The disposal, processing and storage (including storage at a transfer station) of septage, sewage sludge and any other waste shall be conducted in strict compliance with all other applicable _________ Township Ordinances, including, but not limited to the __________ Township Zoning Ordinance. SECTION 11 CONSTITUTIONALITY In the event any of the provisions of this Ordinance is declared unconstitutional, unlawful, or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this Ordinance, but such shall continue in full force and effect as though the unconstitutional, unlawful, or unenforceable provision had never been a part hereof. III. Ordinance Regulating Large Water Withdrawals by New Users AN ORDINANCE BY THE SUPERVISORS OF _____________TOWNSHIP, ____________ COUNTY, PENNSYLVANIA, REGULATING LARGE-SCALE WATER WITHDRAWAL WITHIN THE TOWNSHIP Ordinance No. _____ Section 1. Short Title. The name of this Ordinance shall be the "__________ Township Water Supply Protection Act." Section 2. Authority. This Ordinance is adopted and enacted pursuant to the authority granted to the Township by all relevant State and Federal laws including, but not limited to, the following: The provisions of the Second Class Township Code, 53 P.S. §66501, et seq. which provides, among Township responsibilities, the duty to protect and preserve the natural resources and human resources of the Township; and to promote, protect, and facilitate public health, safety, and welfare. The provisions of the Second Class Township Code, 53 P.S. §66601, et seq., which authorize the Township to enact ordinances dealing with the protection of Township residents, health, nuisances, and promotion of public safety. Section 3. Findings. The _________ Township Supervisors make the following findings in support of the passage of this Ordinance. The Township finds: That private wells serving residential and small business uses may be threatened by new uses which propose large scale withdrawals of water from Township water resources; That water supplies within the Township are limited and should be protected to afford the greatest beneficial use to Township citizens and existing businesses, which depend on current water supplies for their livelihood, health, welfare, and economic production; That taking steps to ensure clean, wholesome, and adequate water supplies to the residents of the Township is a high priority in protecting the health, safety, and welfare of Township residents; That, therefore, proponents of any new construction or new use which is likely to result in large-scale water withdrawals should be required to show that those withdrawals will not adversely affect water supplies currently being used by Township citizens and existing businesses in ________ Township; and that if a proposed new construction or new use will adversely affect water supplies in the Township, such proposed new construction or new use shall be disallowed or discontinued. Section 4. Definitions. "Adversely affect" or "Adversely Impact" - Diminution in the quantity or quality of a water supply. "Large-scale water withdrawal" - Any withdrawal of water from a water source within _________ Township that consumes more than 5,000 gallons of water per any twenty-four (24) hour period, or any proposed withdrawal of water from a water source within _________ Township that is anticipated to consume more than 5,000 gallons of water per any twenty-four (24) hour period. "New construction or new use" - Any new land development that results in increased water withdrawal or consumption. "Ordinance" - The __________ Township Water Supply Protection Act. "Township" - _________ Township, including the __________ Township Supervisors. "Water Impact Study" -- A comprehensive study performed by two certified hydrologists which evaluates the impact of proposed new construction or new use on private and public well water supplies within a three mile radius of the proposed new construction or new use. A listing of acceptable hydrologists and firms employing certified hydrologists will be maintained by the Township and will be made available to prospective building permit applicants. The two hydrologists employed by the prospective building permit applicants shall be employed by different firms or independent practices. "Water Impact Study Report" - A report of professional quality written in plain, understandable English, that describes a Water Impact Study and the findings and/or results of the Study. "Water supply" - Any source of water that is serving one or more water wells, whether public or private, and any public water system as defined in the Pennsylvania Safe Drinking Water Act, 35 P.S. §721.1, et seq., and the regulations promulgated thereunder. Section 5. Prohibition against large-scale water withdrawals having an adverse affect on a water supply. No person or entity proposing new construction or new use on real property located within the Township, which will result in large-scale water withdrawals, shall adversely affect private or public well water supplies within a three mile radius of the proposed new construction or new use. Any large-scale water withdrawal having an adverse affect on a private or public well water supply, and any violation of this Ordinance, is hereby declared to be a public nuisance. Section 6. Effect on building permit applications. Prior to submitting a building permit application to the Township, any person or entity proposing new construction or new use on real property located within the Township shall first determine the amount of water consumption that such new construction or new use would result in on an average daily basis. In the case of an industrial facility, the water consumption determination shall be based on the facility's maximum operating potential during a twenty-four (24) hour period. If a prospective building permit applicant determines that the proposed new construction or new use will result in, or is likely to result in, large-scale water withdrawal, the prospective applicant shall ensure that a Water Impact Study is conducted prior to submitting the building permit application. Following completion of a Water Impact Study, a building permit applicant for new construction or new use shall submit a Water Impact Study Report along with the building permit application at the time the application is submitted. If the Township Supervisors independently determine that proposed new construction or new use will result in, or is likely to result in, large-scale water withdrawal, the building permit application process shall be suspended until a Water Impact Study is conducted and the applicant submits a Water Impact Study Report to the Township. A Township determination that a Water Impact Study is required shall be promptly communicated to a building permit applicant. Water Impact Study requirements contained herein shall supersede and toll any mandatory issuance deadlines imposed by other Township ordinances. Section 7. Water Impact Study and Water Impact Study Report. The Water Impact Study required by this Ordinance shall be conducted by two certified hydrologists, and approved by the Township Supervisors. The costs associated with conducting the Water Impact Study, as well as the costs of preparing and submitting the Water Impact Study Report to accompany a building permit application, shall be borne in their entirety by the prospective applicant for a building permit. Section 8. Effect of Water Impact Study. If a Water Impact Study Report demonstrates to the Supervisors' satisfaction that the proposed new construction or new use will not have an adverse affect on the water supply of wells within a three mile radius of the proposed new construction or new use, then the Township shall process the building permit application in the normal fashion. If a Water Impact Study Report demonstrates to the Supervisors' satisfaction that the proposed new construction or new use will have an adverse affect on the water supply of wells within a three mile radius of the proposed new construction or new use, then the Township shall deny the building permit application. Section 9. Effect of excessive large-scale water withdrawal. If the Township Supervisors determine, during the course of operation of new construction or new use, that a previously productive well fails to yield water as a result of, or is otherwise adversely affected by, large-scale water withdrawal of the new construction or new use, the Township may require the building permittee, the owner/operator of the new construction or new use, and/or the landowner of the property where the new construction or new use is situated, to compensate the adversely affected well owner for the expense of drilling a new well, or otherwise obtaining an adequate replacement supply of potable water. An adequate replacement supply shall be determined by the number of gallons per day which was previously used by the adversely affected well owner. Nothing in this Section is intended, nor shall be construed, as abridging, limiting, or otherwise affecting any private cause of action that an adversely affected well owner may have. Further, any activity or condition declared to be a public nuisance by this Ordinance shall be abatable in the manner provided by law or equity for the abatement of public nuisances. Section 10. Injunction against water withdrawal. If the Township Supervisors determine, during the course of operation of new construction or new use, that two or more previously productive wells fail to yield water as a result of, or are otherwise adversely affected by, large-scale water withdrawal related to the new construction or new use, the Township Supervisors shall have the authority to enjoin water withdrawal by the new construction or new use. Section 11. Public hearing on building permit application. Within 14 days after the submission of a building permit application supported by a Water Impact Study Report, the Township shall conduct a public hearing and receive comments from the public on the proposed new construction or new use. At this public hearing, Township residents shall have an opportunity to submit information in support of, or in opposition to, the Water Impact Study Report submitted by the building permit applicant. The Township shall make copies of the Water Impact Study Report available to the public at least five business days prior to the public hearing. Section 12. Final action on building permit application supported by Water Impact Study Report. Within 14 days after the public hearing required by Section 11 of this Ordinance, the Township Supervisors shall make a final decision to approve or deny a building permit application supported by a Water Impact Study Report. Section 13. Revocability of building permit. If the Township Supervisors determine that information contained within the Water Impact Study Report was misleading, factually inaccurate, or that a building permit applicant purposefully omitted essential information which would have altered the final decision made by the Township Supervisors to issue a building permit, the Supervisors shall revoke the building permit and initiate legal action to enjoin the building permittee from continuing with construction or operation of the new construction or new use. Section 14. Severability. The provisions of this Ordinance are severable, and if any section, clause, sentence, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect, impair, or invalidate any of the remaining sections, clauses, sentences, parts, or provisions of this Ordinance. It is hereby declared to be the intent of the Supervisors that this Ordinance would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence, part, or provision had not been included herein. Section 15. Effective Date. This Ordinance shall be effective immediately upon passage. Franklin County Coalition Declaration of Principles #10: "The Coalition Urges all Local Governments to Preserve and Restore Farmland, Streamside Buffers, Wildlife, and Wildlife Habitat." I. Impact Fees Ordinance for the Preservation of Openspace and Recreational Lands Description: Imposes impact fees on residential housing developers which can then be used by the Township or Borough government to create and maintain recreational facilities and purchase conservation easements to preserve openspace for recreational purposes. The language is intended to be amended into the existing Subdivision and Land Development Ordinance, into the existing Zoning Ordinance, or as a separate "stand alone" Ordinance dealing with openspace preservation. The text for such use is delineated below. Text for Impact Fee Ordinance Or Amendment to Land Use Ordinances Section 1. Open Space and Farmland Preservation; easements A. Open Space and Farmland Preservation fee requirements. 1. Purpose. The purpose of this Ordinance is to ensure that present and future residents of the [Local Government] will have available to them adequate openspaces, forestland, and farmland by establishing requirements for the dedication of land or a fee in lieu of such dedication to be imposed upon subdividers and land developers as authorized by the Municipalities Planning Code. All land so dedicated or fees collected in lieu thereof shall be used only for the purpose of providing accessible parkland, recreational facilities, or openspace for the residents of [Local Government]. 2. Applicability. This section shall apply to all subdivisions and land developments in [Local Government]. 3. General Requirement. Every subdivision or land development shall, as a condition of approval, and subject to the standards for acceptance set forth hereafter, provide for the development of recreational areas or facilities by either the dedication of land suitable therefore, or the payment of a fee in lieu of such dedication in accordance with the hereinafter established standards: a. Land dedication requirement. Except as hereinafter provided, every owner, subdivider or developer of a subdivision or land development shall dedicate a portion of the land proposed for said development to the township for recreational purposes in accordance with the following standards and formula: 1. Single-family detached or semidetached developments shall dedicate a minimum of one thousand five hundred (1,500) square feet per lot or dwelling unit. 2. Multifamily developments shall dedicate a minimum of one thousand five hundred (1,500) square feet per unit. Twenty-five percent (25%) of the land so dedicated may be included in and used to satisfy the open space requirement for development. 3. Conversions from single to multifamily developments will be subject to the standard for multifamily developments. 4. Nonresidential developments, excluding agricultural uses, shall dedicate a minimum of ten percent (10%) of gross land area to recreational use. 5. Single lot one time exemption. The subdivision or development of one (1) single-family residential lot from a larger tract shall be exempt from the dedication or fee requirements of this chapter; provided however, that this exemption shall be available one (1) time only and further subdivisions or land development from the same tract shall not be exempted. b. Standards and criteria for dedication and acceptance of recreational land. 1. Acceptance and dedication shall be at the option of the [Local Government]. In determining whether to accept or reject land offered for dedication the Board shall consider the recommendation of the citizens of the [Local Government] and the following factors: a. All land offered for dedication shall be contiguous and located in a single area of not less than three (3) acres in area. b. Not more than twenty-five percent (25%) of the offered land shall be located in a floodplain or exceed a slope in excess of eight percent (8%). c. Offered land must be suitable for recreational use as a public park based upon its size, topography and soil conditions. Land shall not be considered suitable when used for inappropriate dual purposes, including but not limited to erosion and sedimentation control and stormwater management. d. Offered land shall abut and have direct access to a public road and shall be suitable for the installation of water and sewer facilities and other utilities. e. The decision of the [Local Government] to accept or reject dedication shall be conclusive. In the event that dedication is rejected, the developer or subdivider shall comply with the provisions herein for payment of a fee in lieu of dedication. The developer shall also have the option of providing recreational land and facilities which are owned and maintained by a Homeowners Association. f. Fee in lieu of dedication. In lieu of dedication of land as aforesaid the developer or subdivider shall pay a fee to the [Local Government] in an amount based upon a schedule of fees adopted by resolution of the Board. Said fee schedule shall establish a set fee for lots and dwelling units thereon and may be revised from time to time without further amendment of this chapter. 1. Payment of fees. All fees hereunder shall be due and payable in full upon approval of the Subdivision or Land Development Plan or any phase or section thereof. 4. Use of land or fees received. All land or fees received by the [Local Government] shall be used to establish and develop recreational areas and facilities within the [Local Government] which shall be reasonably available for use and enjoyment by the residents of the development and subdivision assessed for said lands or fees. Such facilities shall not, however, be required to be within or immediately adjoining such subdivisions or developments. A separate park and recreation capital account in the name of the [Local Government] shall be established to set aside the funds collected and ensure their use for recreational and openspace purposes exclusively. Said account shall be an interest bearing account and funds not utilize