[HISTORY: Adopted by the Borough Council of the Borough of Freedom 11-10-2004
by Ord. No. 534. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 166.
After the effective date of this chapter, it shall be unlawful for any
person to sell real estate within the Borough of Freedom on which a building
or improvement exists without first delivering unto the purchaser a document
of certification or temporary document of certification from the proper officers
of the Borough of Freedom.
As used in this chapter, the following terms shall have the meanings
indicated:
An official statement from the proper officer of the Borough of Freedom
stating that there are no known illegal storm- or surface water connections
into the sanitary sewer on the specific property which is being sold.
Includes but is not limited to the discharge of ground- or surface
water or the connection of downspouts, roof drainage, surface areaway drainage,
or foundation or basement drainage into the sanitary sewer system.
A written letter from the proper official of the Borough of Freedom
concerning municipal liens and property taxes.
A person, syndicate, associate, partnership, firm, corporation, institution,
agency, authority, or other entity recognized by law as the subject of rights
and duties.
A temporary statement of certification from the proper officer of the Borough of Freedom, issued pursuant to the terms of § 164-4 of this chapter.
A.
Any person selling real estate located within the Borough
of Freedom (hereinafter "applicant") shall make application on a form furnished
by the Borough of Freedom at least 30 days before the date of sale. The Borough
shall perform, as it deems necessary, the following tests:
(1)
Dye-testing at a downspout and area drain.
(2)
Dye-testing foundation drains by flooding or injection.
(3)
Smoke-testing public sewer and sewer lateral to the house
trap.
(4)
Smoke-testing building drain on house side of trap.
(5)
Air-testing lateral.
(6)
Hydrostatic-testing lateral.
(7)
Televising of main sewer and/or lateral sewer during
periods of saturated ground and/or precipitation.
(8)
All testing shall be on a pass basis with the Borough
having the right to reject any tests or test results which it feels are inconclusive
or inaccurate.
B.
In the event that there are no illegal storm- or surface
water connections and the existing drainage system is sound, the Borough of
Freedom or its designate shall issue a document of certification upon the
payment of any established fee. When an illegal storm- or surface water connection
or malfunctioning drainage system is discovered by the means of the above-mentioned
testing, no document of certification will be issued until the illegal connections/malfunctioning
drainage system are removed/repaired, the system retested and certification
of such removal/repair by a registered licensed plumber is received.
A temporary document of certification may be issued at the Borough's
sole discretion when either:
A.
The applicant proves that such testing cannot be performed
because of weather conditions and, when such is the case, the applicant shall
provide the Borough with security in the amount of $3,000 to guarantee that
the appropriate test will be performed. The Borough will cause to have performed
the appropriate test within 14 days of subsequent written notification to
the applicant, which will be given at such time as weather conditions make
such testing possible. In addition, the applicant shall provide to the Borough
a signed written acknowledgment from the purchaser of the real estate, agreeing
to correct, at the said purchaser's sole expense, any violations/defects
that may be discovered as the result of subsequent tests. Nothing in this
subsection shall prohibit any purchaser from requiring the applicant to reimburse
the purchaser for any costs incurred; nevertheless, that primary liability
shall run with the land and no such agreement shall affect the Borough of
Freedom's enforcement powers or excuse the current owner from performances.
B.
When an illegal storm- or surface water connection or
malfunctioning drainage system has been discovered and the necessary remedial
activities to correct such connection would require a length of time such
as to create practical hardship for the applicant, the applicant may apply
to the Borough for a temporary document of certification which may only be
issued when the applicant provides the Authority with all of the following:
(1)
A bona fide executed contract between the applicant and
a registered, licensed plumber to complete the necessary remedial work, with
the Borough listed therein as a third-party beneficiary.
(2)
Post cash security in the amount of said contract with
the Borough.
(3)
An agreement by the purchaser to be responsible for all
cost overruns related to the remedial work, together with a license to the
Borough to enter upon the property to complete work in case of default by
the contractor. The Borough shall determine when such temporary document of
certification shall expire, at which time the security shall be forfeited.
The Borough may use the security to have the necessary remedial work completed.
A.
The Borough designee is hereby authorized, empowered
and directed to make reasonable rules and regulations for the operation and
enforcement of this chapter as he deems necessary, which shall include but
not be limited to:
(1)
Establishing acceptable forms of security or guarantees;
(2)
Establishing acceptable testing methods;
(3)
Establishing the forms of applications, purchaser acknowledgements
and plumber certifications;
(4)
Limiting the times of year in which temporary documents
of certification are available for reasons of weather.
B.
All rules and regulations issued pursuant to this section
shall be in writing and be approved by the Borough of Freedom Council prior
to such rules and regulations being effective. The present rules and regulations
are attached hereto as Exhibit A.[1]
[1]
Editor's Note: Said Exhibit A is on file with the Borough Secretary.
Nothing in this chapter shall limit, in any fashion whatsoever, the
Borough's right to enforce any ordinance, resolution or law of the Borough
of Freedom, County of Beaver, or Commonwealth of Pennsylvania, the intent
being that this chapter shall supplement already existing resolutions and
ordinances dealing with the enforcement of sanitary sewer status within the
Borough of Freedom. Nothing in this chapter shall be a defense of any citation
issued by any municipal corporation or the commonwealth pursuant to any other
law or ordinance.
Any person who shall fail, neglect or refuse to comply with any of the
terms or provisions of this chapter or of any regulation or requirement pursuant
thereto and authorized thereby shall, upon conviction before any District
Justice, be sentenced to pay a fine of $1,000 and costs of prosecution, and
in default of payment thereof, to imprisonment for a term not to exceed 90
days.
