When used herein, the following words shall
have the following meanings:
A person applying for evidence of compliance or temporary
evidence of compliance.
[Added 10-10-2022 by Ord. No. 414]
A written letter from the Borough of Rosslyn Farms regarding
any liens, claims, and/or taxes due the Borough from said person.
Cash, certified check, or treasurer's check.
[Added 10-10-2022 by Ord. No. 414]
Any commonly accepted plumbing test whereby dye is introduced
into the storm or surface water collections system of real property
to determine if such storm or surface water is entering the sanitary
sewer system.
An official written letter or statement from the Borough
confirming that it has on file a written report or statement from
a licensed plumber certifying there are no illegal stormwater or surface
water connections into the sanitary sewer system, which would violate
the Borough or county ordinances, the state statutes, or Borough,
county or state plumbing regulations, and, for improved and sewered
real property, that the sewer lateral passed a televised inspection.
[Amended 10-10-2022 by Ord. No. 414]
The inflow, infiltration, and/or discharge of stormwater,
surface water, basement seepage, downspouts, roof drainage, area way
drainage, or non-sanitary sewer discharge into the Borough's sanitary
sewer system.
Real property on which any building, driveway or parking
pad, other surface or subsurface structure or improvement has been
constructed, installed or erected, where the real property or any
improvement on the real property is connected to the sanitary sewer
system.
[Added 10-10-2022 by Ord. No. 414]
Includes without limitation any person, partnership, association,
authority, syndicate, firm, corporation, or other entity having ownership
rights for or in any real property.
The sale, transfer or assignment of any interest in real
property, except for transactions solely between spouses and the refinancing
of real property without a conveyance.
[Added 10-10-2022 by Ord. No. 414]
The sewer line or lateral connecting the structure served
to the sanitary sewer system for the entire distance from the structure
to the connection at the Borough sewer main line, including all necessary
fresh air vents, traps and cleanouts.
[Added 10-10-2022 by Ord. No. 414]
Surface water and groundwater, including, but not limited
to, roof and driveway drainage, basement seepage, and surface and
areaway drainage.
[Added 10-10-2022 by Ord. No. 414]
A temporary written report/statement from the Borough issued pursuant to § 148-11 of this article.
[Amended 10-10-2022 by Ord. No. 414]
From and after the effective date of this article, it shall
be unlawful for any person to sell or transfer real property located
within the Borough on which a building or improvement exists without
first obtaining from the Borough and delivering to the purchaser an
evidence of compliance certificate or temporary evidence of compliance
certificate as required under this article.
[Amended 10-10-2022 by Ord. No. 414]
A.
At least 45 days prior to the date of closing or sale or transfer of any improved real property located within the Borough of Rosslyn Farms, the seller or transferor or their agent shall submit to the Borough Secretary/other designated Borough representative an application for evidence of compliance, completed as required by Subsection B below. The evidence of compliance application form shall be available upon request from the Borough Secretary. The fee for filing the completed application for evidence of compliance shall be established by the Council of the Borough of Rosslyn Farms from time to time by resolution.
B.
Prior to the sale or transfer of any improved real property located
within the Borough of Rosslyn Farms, the seller or transferor shall
have a dye test of the property. If the property is an improved and
sewered real property, the seller or transferor shall also have a
televised inspection of the sewer lateral performed by a plumber licensed
by the Allegheny County Health Department to perform such tests/inspections.
Upon completion of the dye test and televised inspection, if applicable,
the person who performed the test and inspection shall complete the
appropriate section of the application for evidence of compliance,
confirming that the property has been dye tested and the sewer lateral
inspected, if applicable, and certifying the results of the test and
inspection.
C.
All testing shall be on a pass-fail basis. If the lateral fails,
then the lateral shall be repaired or replaced in accordance with
the Allegheny County Plumbing Code or relined as may be approved by
the Borough. If a spot repair of the lateral pipe is performed, the
lateral must be retested and must pass.
D.
If the application for evidence of compliance, properly completed
and filed with the Borough Secretary, with the designated filing fee,
indicates that there are no connections of surface stormwater or subsurface
water to the sanitary sewer system, and for improved and sewered real
property that the sewer lateral passed inspection, then the Borough
Secretary or other Borough designee shall issue an evidence of compliance
certificate within 10 days of application therefor.
E.
If the dye test reveals the existence of one or more connections
of surface stormwater or subsurface water to the sanitary sewer system
or, for improved and sewered real property, if the sewer lateral inspection
reveals defects, the Borough Secretary shall not issue the evidence
of compliance certificate until the illegal or improper connections
have been removed and/or lateral defects corrected and a plumber licensed
by the Allegheny County Health Department to do so has certified that
there is no connection of surface stormwater to the sanitary sewer
system from the property to be sold or transferred and/or that any
sewer lateral defects have been corrected.
[Amended 10-10-2022 by Ord. No. 414]
A.
When a surface stormwater or subsurface water connection to the sanitary
sewer system or a sewer lateral defect is discovered and the necessary
work to remove the connection or correct the sewer lateral defect
would require a length of time such as to create a hardship for the
seller or applicant, the seller or applicant may apply to the Borough
Secretary for a temporary evidence of compliance. The seller or applicant
must submit the following with the properly completed application:
(1)
A bona fide executed contract with a plumber registered and licensed
by the Allegheny County Health Department requiring the plumber to
complete the remedial work necessary for the removal of the connections
of surface stormwater or subsurface water to the sanitary sewer system,
or necessary to correct any sewer lateral defect, and granting the
Borough of Rosslyn Farms the right and power to enforce the contract.
(2)
Cash security in an amount equal to 110% of the price of the contract described in Subsection A(1) above, to be held in a non-interest-bearing account.
(3)
A written agreement under which the purchaser or transferee agrees
to be responsible for all cost overruns related to the remedial work,
together with a license from the purchaser or transferee to the Borough
of Rosslyn Farms, its agents, contractors, and employees, to enter
upon the property to complete the remedial work in case of default
by the contractor or the applicant.
(4)
The filing fee shall be established by the Council of the Borough
of Rosslyn Farms from time to time by resolution.
B.
When dye testing or sewer lateral inspection cannot be performed
because of weather conditions, the seller or applicant may apply to
the Borough Secretary/other designated Borough representative for
a temporary evidence of compliance. The seller or applicant must submit
the following with the properly completed application:
(1)
Cash security in the amount of $1,000 or such other amount as is
established by resolution of Borough Council. To the extent that the
security is not used by the Borough, it will be refunded to the depositer.
(2)
The written, signed agreement of the purchaser or transferee to correct, at the purchaser's or transferee's sole expense, any surface stormwater or subsurface stormwater connections to the sanitary sewer system disclosed by the subsequent dye test, or to correct any defects in the sewer lateral revealed by the subsequent televised lateral inspection, together with a license from the purchaser or transferee to the Borough of Rosslyn Farms, its agents, contractors, and employees, to enter upon the property to conduct the dye testing, and to conduct televised lateral inspection, if applicable, should the applicant fail to do so. Nothing in this Subsection B(2) shall prohibit any purchaser or transferee from requiring the applicant to reimburse the purchaser or transferee for any costs incurred in connection with such remedial work; provided, however, that primary responsibility for the remedial work and all costs thereof shall run with the land, and no such agreement shall affect the Borough of Rosslyn Farms' enforcement powers or excuse the current owner of the property from performance.
(3)
The filing fee shall be established by the Council of the Borough
of Rosslyn Farms from time to time by resolution.
C.
The Borough Secretary or other designated Borough representative
may reject the application for temporary evidence of compliance whenever,
in his or her sole judgment, the conditions defined by this section
do not exist or the submissions required by this section have not
been made.
D.
The temporary evidence of compliance shall be effective for 60 days, and the expiration date of the temporary evidence of compliance shall be noted on such document. If, upon the expiration of the temporary evidence of compliance, the seller or applicant has not applied for and received an evidence of compliance certificate, as provided for in § 148-10 of this article, the cash security will be forfeited, and the Borough of Rosslyn Farms may use the funds to complete the dye testing or the televised lateral inspection and any required remedial work.
E.
In the event that dye testing or televising of the sewer lateral
reveals the existence of improper connections to the sanitary sewer
system or defects in the sewer lateral, the owner of the property
shall be required to perform the necessary remedial work. To the extent
that the cost of completion of the dye testing, lateral inspection
or remedial work exceeds the cash security, the Borough may file a
municipal claim against the property for the cost of completion of
the dye testing, lateral inspection or remedial work and any professional
consultant fees incurred in connection with such completion, 6% interest
per annum, plus a penalty of 5% of the amount due, plus attorney's
fees and costs related to filing and prosecuting the municipal claim.
F.
The application for temporary evidence of compliance form shall be
available upon request from the Borough Secretary.
[Amended 10-10-2022 by Ord. No. 414]
A request for a Borough lien letter or tax certification letter
must be accompanied by a valid evidence of compliance certificate
and/or a valid temporary evidence of compliance certificate. The Borough
may establish the fees for such letters by resolution.
The Borough may, by resolution, adopt the following
in order to accomplish the purposes of this article:
A.
Establish the application form, purchaser acknowledgment
form, plumber's certificate form, and form of the evidence of compliance
certificate and temporary evidence of compliance.
B.
Establish the acceptable forms of security in lieu
of cash, which shall be limited to certified checks, or treasurer's
checks.
[Amended 10-10-2022 by Ord. No. 414]
Any person violating any provision of this article shall, upon
conviction thereof, be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 30 days. Each day that a violation
of this article continues shall constitute a separate offense.
[Added 10-10-2022 by Ord. No. 414]
This article shall not preclude the Borough of Rosslyn Farms
from conducting dye testing, televising laterals or conducting other
testing or inspection, or implementing a general program of dye testing
or inspection, within the Borough for purposes of discovering or locating
the sources of surface stormwater or subsurface water to the sanitary
sewer system.
[Added 10-10-2022 by Ord. No. 414]
A.
Any person aggrieved by the decision to grant or deny an evidence
of compliance certificate or temporary evidence of compliance certificate
may appeal to the Rosslyn Farms Borough Uniform Construction Code
Board of Appeals, by filing a written application for appeal with
the Borough Secretary within 30 days after the date of the decision
appealed from. Such application shall state the grounds for the appeal
and shall be accompanied by an appeal fee to be fixed and changed
from time to time by resolution of Council.
B.
Appeals shall be conducted in accordance with the Local Agency Law,
2 Pa.C.S.A. §§ 551 et seq. and 751 et seq., and the
rules of procedure and operation of the Uniform Construction Code
Board of Appeals. The said rules of procedure and operation shall
be applied as nearly as may be in accordance with this article and
shall be applied such that references in said rules to the Uniform
Construction Code shall be read as references to this article.
[Added 10-10-2022 by Ord. No. 414]
A.
NASSCO (National Association of Sewer Service Companies) pipe assessment
standards will be used to determine the presence of pipe defects.
Any defect found to have a Level 3 or higher shall be deemed to fail
inspection. Multiple Level 2 defects in a lateral may also be deemed
a failure, if there are more than two such defects.
B.
All third party registered plumbers must comply with the requirements
of the Lateral Testing Ordinance. The plumber shall provide personnel
certified through the NASSCO Lateral Assessment and Certification
Program and thoroughly knowledgeable with the NASSCO Condition Grading
System. All defects found in the laterals shall be rated in accordance
with the NASSCO Condition Rating System.
C.
It is recommended that inspections be conducted in the following
manner:
(1)
A property inspection shall include, but not necessarily be
limited to, inspection of roof leaders, driveway drains, stairwell
drains, all other area drains and interior sump pumps. If the discharge
point of these facilities is not evident, the plumber shall insert
dye into the drain, roof leader or sump pump to determine the ultimate
discharge point. Should an illegal connection to the lateral be confirmed,
the test shall be deemed as a fail and the illegal connection(s) must
be removed and rerouted in a matter satisfactory to the Borough.
(2)
Sump pumps will be operated with dye-colored water to verify
discharge location. The test shall be considered a failure if the
water enters the sanitary sewer system and the discharge pipe must
be removed and rerouted in a matter satisfactory to the Borough.
(3)
The general location of the lateral pipe on the ground surface
shall be determined by means of site investigation or televising and
locating. Once the location is determined, the ground surface over
the lateral shall be injected with dye-colored water in order to saturate
the earth. Following the dye injection process, a camera shall be
inserted into the lateral through a cleanout, interior floor drain,
or excavation. The pipe shall be evaluated per the NASSCO Condition
Grading System. Any lateral that has a structural defect rating of
three or higher, shows signs of any infiltration, or has roots present
shall require repair, replacement or relining. Other deficiencies
observed but not listed herein, as determined by the Borough and at
their discretion, may also constitute a failure.
(4)
If it is necessary to excavate an access point for the camera
insertion, the plumber shall install a cleanout at this location to
facilitate future maintenance of the lateral. The cleanout shall be
provided with a cast iron frame and cover in paved areas and other
areas subject to vehicular traffic.
(5)
The Borough reserves the right to reject any tests or test results
which it has reason to believe are inconclusive or inaccurate. In
such cases, the Borough may require further testing at the property
owner's expense.
(6)
Foundation drains connected into the sanitary sewer lateral
are illegal connections. The Borough reserves the right to require
further testing if it is suspected that the building foundation drain
is connected to the lateral.
