[Adopted 5-12-1999 by Ord. No. 369]
Terms used in this Part 4 shall have the meanings
set forth as follows:
A document from the Township stating that the Township has
on file a written statement from a certified Township employee stating
that there are no illegal storm or surface water connections into
the Township sanitary sewer system on the specified property which
would violate Township, county or state ordinances, statutes or plumbing
regulations.
[Amended 8-12-1999 by Ord. No. 375]
A commonly accepted plumbing test wherein dye is introduced
into the storm or surface water collection system to determine if
storm or surface water is entering the sanitary sewer system.
Any pipe, conduit, paved/unpaved ditch, drain or other physical
feature that collects or conveys, directly or indirectly, storm or
surface water into the sanitary sewer system.
A written statement from the Township, obtained prior to
settlement of all real property transfers within the Township, concerning
the status of municipal liens or unpaid sewage bills on said property.
Any person, partnership, association, syndicate, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
For dye test purposes, that portion of the sanitary sewer
collection system that starts at the public right-of-way line and
extends to any and all structures physically connected thereto, to
include all underground and aboveground piping or other conveyance.
For routine maintenance purposes (i.e., cleaning), that portion of
the sanitary sewer system that starts at the juncture of the main
sewer line and extends to any and all structures physically connected
thereto, to include all underground and aboveground piping or other
conveyance.
The Township of Patterson, Beaver County, Pennsylvania.
A.
After the effective date of this Part 4, it shall
be unlawful for any person to sell, transfer, assign, mortgage or
refinance any real estate within the Township on which a building
or improvement exists without first delivering to the purchaser, transferee,
assignee, mortgagee or person or institution providing refinancing
a letter of compliance or temporary letter of compliance properly
issued by the Township.
B.
After the effective date of this Part 4, it shall
be unlawful for any purchaser of real property within the Township
on which a building or improvement exists to occupy the building or
improvement without having a letter of compliance or temporary letter
of compliance.
C.
Letters of compliance, only for the purposes indicated
above, will be valid for a period of two years from the test date
indicated on the Township's certification form.
[Amended 8-12-1999 by Ord. No. 375]
[Amended 8-12-1999 by Ord. No. 375; 5-10-2018 by Res. No. 2018-008]
Any person (hereinafter applicant) selling,
transferring, assigning, mortgaging or refinancing real property within
the Township, after the effective date of this Part 4, shall make
application for a letter of compliance on a form furnished by the
Township at least 14 days before the date of sale, transfer, assignment,
mortgage or refinance. The applicant shall then have a certified Township
employee perform a dye test on the real property to be sold. The certified
Township employee shall complete the appropriate portions of the form
confirming that the property has been dye-tested and certifying the
results of such test. In the event that there are no illegal storm
or surface water connections, the Township Secretary shall issue a
letter of compliance upon payment of a fee of $130. If the dye test
reveals the existence of an illegal storm or surface water connection,
no letter of compliance will be issued until the illegal connections
are removed and certification of such removal by a certified Township
employee is received by the Township.
With respect to § 158-80 of the within Part 4, temporary evidence of compliance may be issued at the Township's sole discretion when the applicant proves that dye-testing cannot be performed because of weather conditions. In this case, the applicant shall provide the Township with security in the amount of $200, which the Township will deposit in a noninterest bearing account, to guarantee that the dye test will be performed. The applicant will cause the dye test to be performed within 30 days of the issuance of temporary evidence of compliance by the Township. In the event that weather precludes completion of the dye test within 30 days of issuance, the money will remain on deposit with the Township and the applicant must reapply. In addition, the applicant shall provide the Township with a signed, written acknowledgment from the purchaser agreeing to correct, at the purchaser's sole expense, any violations discovered as a result of subsequent dye tests. Nothing in this subsection shall prohibit any purchaser from requiring the applicant to reimburse the purchaser for any costs incurred; provided, however, that primary liability for correction of any illegal connection shall run with the land and no agreement between the applicant and the purchaser shall affect the Township's enforcement powers or excuse the current owner from performance.
A.
A request for a municipal lien letter must be accomplished
by a valid application for a letter of compliance, all of which shall
be delivered to the Township at least seven working days prior to
the day said letters are required for closing. The fee for a municipal
lien letter is $30.
[Amended 5-10-2018 by Res. No. 2018-008]
B.
When requested by a property owner or his agent, and
subject to time availability as determined solely by the Township
Secretary, the Township may issue an expedited municipal lien letter
on two days' notice upon the payment of an expedition fee of $10 in
addition to the normal lien letter fee.
The Township shall promulgate such reasonable
rules and regulations as approved by the Township Board of Commissioners
for the operation and enforcement of this Part 4.
The fees set forth in this Part 4 may be changed
by resolution of the Township Board of Commissioners.
Nothing in this Part 4 shall limit the Township's
rights to enforce its ordinances or the laws of the commonwealth.
Nothing in this Part 4 shall be a defense to any citation issued by
any municipal corporation of the commonwealth pursuant to any law
or ordinance.
Any person violating any provisions of this
Part 4 or of any regulation or requirement pursuant thereto and authorized
thereby shall, upon conviction, be subject to a penalty up to the
maximum of $100 per day. Each day that a violation of this Part 4
shall occur shall be deemed to be a separate offense, subject to all
the penalties provided.
