[Adopted 10-19-2004 by Ord. No. OO-04-5]
As used in this article, the following terms
shall have the meanings indicated:
APPLICANT
A person applying for a certificate of compliance or temporary
certificate of compliance.
DYE TEST
Any commonly accepted method of testing whereby dye is introduced
into the storm, surface or subsurface water collection system and
downspouts of structures of improvements to real property to determine
if surface stormwater is entering into the sanitary sewer system.
IMPROVED AND SEWERED REAL PROPERTY
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.
PERSON
Any natural person, association, partnership, corporation,
syndicate, institution, agency, authority, or other entity recognized
by law as the subject of rights and duties.
SANITARY SEWER SYSTEM
The sanitary sewer lines and related facilities maintained
and operated by the Township of Kilbuck.
SELL or TRANSFER
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.
[Amended 4-28-2017 by Ord. No. O-17-01]
SEWER LATERAL
The sewer line or lateral from the structure served to the
point of connection with the sewer main. Where the sewer main provides
an extension laterally toward the structure for the purpose of allowing
indirect connection to the sewer main, the sewer lateral shall run
from the structure to such extension.
[Added 4-28-2017 by Ord.
No. O-17-01]
SURFACE STORMWATER
Surface water and ground water, including, but not limited
to, roof and driveway drainage, basement seepage, and surface and
areaway drainage.
After the date of this article, it shall be
unlawful for any person to connect any rain leader, roof drain, downspout,
gutter, parking lot drain, driveway drain, interior or exterior sump,
French drain, spring or other collector or source of surface stormwater,
including, but not limited to, the fresh air vent of the improved
and sewered property's sanitary sewer, to the sanitary sewer system.
After the date of this article, it shall be
unlawful for any person to sell or transfer improved and sewered real
property located within the Township of Kilbuck without having obtained
and delivered to the buyer or transferee, at or prior to closing or
transfer, a certificate of compliance or temporary certificate of
compliance for the property being sold or transferred.
[Amended 4-28-2017 by Ord. No. O-17-01]
A. At least 45 days prior to the date of closing or sale or transfer of any improved real property located within the Township of Kilbuck, the seller or transferor or their agent shall submit to the Township Secretary/other designated Township representative an application for certificate of compliance, completed as required by Subsection
B below. The certificate of compliance form shall be available upon request from the Township Secretary. The fee for filing the completed application for certificate of compliance shall be established by the Supervisors of the Township of Kilbuck from time to time by resolution.
B. Prior to the sale or transfer of any improved real property located
within the Township of Kilbuck, the seller or transferor shall have
a dye test of the property and a televised inspection of the sewer
lateral performed by a plumber licensed by the Allegheny County Health
Department to perform such tests/inspections and approved by the Township
of Kilbuck. Upon completion of the dye test and televised inspection,
the person who performed the test and inspection shall complete the
appropriate section of the application for certificate of compliance,
confirming that the property has been dye tested and the sewer lateral
inspected and certifying the results of the test and inspection.
[Amended 4-28-2017 by Ord. No. O-17-01]
A. If the application for certificate of compliance, properly completed
and filed with the Township Secretary, with the designated filing
fee, indicates that there are no connections of surface stormwater
to the sanitary sewer system and that the sewer lateral passed inspection,
then the Township Secretary or other Township designee shall issue
the certificate of compliance within 10 days of application therefor.
B. If the dye test reveals the existence of one or more surface stormwater
connections to the sanitary sewer system, or if the sewer lateral
inspection reveals defects, the Township Secretary shall not issue
the certificate of compliance until the connections have been removed
and/or lateral defects corrected and a plumber licensed by the Allegheny
County Health Department and approved by the Township of Kilbuck 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 4-28-2017 by Ord. No. O-17-01]
A. When a surface stormwater 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 Township Secretary for a
temporary certificate 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 to the sanitary sewer system, or necessary to
correct any sewer lateral defect, and granting the Township of Kilbuck
the right and power to enforce the contract.
(2) Cash security in an amount equal to 110% of the contract described in Subsection
A(1) above.
(3) The agreement of the purchaser or transferee to be responsible for
all cost overruns related to the remedial work, together with a license
from the purchaser or transferee to the Township of Kilbuck, 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 Supervisors of the Township
of Kilbuck 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 Township Secretary/other designated Township representative for
a temporary certificate of compliance. The seller or applicant must
submit the following with the properly completed application:
(1) Cash security in the amount of $3,000.
(2) The written, signed agreement of the purchaser or transferee to correct, at the purchaser's or transferee's sole expense, any surface 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 Township of Kilbuck, its agents, contractors, and employees, to enter upon the property to conduct the dye testing, and to conduct televised lateral inspection, should the applicant fail to do so. Nothing in this Subsection
B 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 Township of Kilbuck's enforcement powers or excuse the current owner of the property from performance.
(3) The filing fee shall be established by the Supervisors of the Township
of Kilbuck from time to time by resolution.
C. The Township Secretary or other designated Township representative
may reject the application for temporary certificate 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 certificate of compliance shall be effective for 60 days, and the expiration date of the temporary certificate of compliance shall be noted on the certificate. If, upon the expiration of the temporary certificate of compliance, the seller or applicant has not applied for and received a certificate of compliance, as provided for in §§
170-35 and
170-36 of this article, the cash security will be forfeited, and the Township of Kilbuck may use the funds to complete the remedial work or the dye testing or the televised lateral inspection and any required remedial work.
To the extent that the cost of completion of the dye testing,
lateral inspection or remedial work exceeds the cash security, the
Township 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.
E. The application for temporary certificate of compliance form shall
be available upon request from the Township Secretary.
A request to the Township of Kilbuck for a municipal
lien letter or tax verification letter must be accompanied by a valid
certificate of compliance or temporary certificate of compliance and
by the appropriate fee, which shall be established by the Supervisors
of the Township of Kilbuck from time to time by resolution. The Township
of Kilbuck shall issue the municipal lien letter or tax verification
letter within seven days of receipt of the appropriately documented
request and the applicable fee.
[Amended 4-28-2017 by Ord. No. O-17-01]
A certificate of compliance issued under the article shall be
valid for:
A. As to dye testing, a period of one year from the date of issuance;
B. As to sewer lateral inspection, for a period of three years from
the date of issuance.
[Amended 4-28-2017 by Ord. No. O-17-01]
The Township Board of Supervisors is hereby empowered to make
reasonable rules and regulations for the operation and enforcement
of this article, including, but not limited to, establishing the form
of applications, acknowledgements and certifications, establishing
testing procedures and criteria for passing or failing dye testing
or lateral inspections, and limiting the time of year in which temporary
certificate of compliance is available for reasons of weather.
Nothing in this article shall limit in any fashion
whatsoever the Township of Kilbuck's right to enforce its ordinances
or the laws of the commonwealth. Nothing in this article shall be
a defense to any citation issued by any municipal corporation or the
commonwealth pursuant to any other law or ordinance.
[Amended 7-19-2005 by Ord. No. OO-05-2]
Any person who violates or permits a violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District
Justice, pay a fine of not less than $100 nor more than $600, plus
all court costs, including reasonable attorney's fees, incurred by
the Township in the enforcement of this article. No judgment shall
be imposed until the date of the determination of the violation by
the District Justice. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable Rules of Civil Procedure. Each day a violation exists shall
constitute a separate offense. Further, the appropriate officers or
agents of the Township are hereby authorized to seek equitable relief,
including injunction, to enforce compliance herewith.
[Amended 4-28-2017 by Ord. No. O-17-01]
This article shall not preclude the Township of Kilbuck from
conducting dye testing, televising laterals or conducting other testing
or inspection, or implementing a general program of dye testing or
inspection, within the Township for purposes of discovering or locating
the inflow of surface stormwater to the sanitary sewer system.
[Added 4-28-2017 by Ord.
No. O-17-01]
Any person aggrieved by a determination by the Township or any
Township official with respect to issuance or denial of a certificate
of compliance or temporary certificate of compliance may appeal, pursuant
to the Local Agency Law.
A. Requests for an appeal shall be in writing and must be filed with
the Township Secretary within 20 days of the determination appealed
from.
B. A request for an appeal shall be accompanied by:
(1)
A nonrefundable appeal fee in the amount of $100, or such other
fee as set by resolution of the Township Board of Supervisors; and
(2)
A deposit of $300 to be used to pay expenses of advertising
and court reporter. If the deposit is less than actual costs, the
appellant shall pay the difference. If the deposit exceeds actual
costs, the difference shall be refunded in full.
C. The Board of Supervisors may hear the appeal or designate a hearing
tribunal or hearing officer to hear and/or rule upon the appeal.
[Added 4-28-2017 by Ord.
No. O-17-01]
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 condition grade of 4 or higher
shall be deemed to fail inspection. Multiple condition grade 3 defects
in a lateral may also be deemed a failure, if there are more than
two such defects.