[Adopted 5-13-2008 by Ord. No. 799]
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.
CASH SECURITY
Cash, certified check, or treasurer's check.
DYE TEST
Any commonly accepted method of testing whereby dye is introduced into the storm, surface or subsurface water connection system and downspouts of structures or 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 improvements on the real property is connected to the municipal sewer system.
ORDINANCE COMPLIANCE OFFICER
The municipality-authorized representative appointed by the governing body, from time to time, whose duty it shall be to administer this article unless such duty is expressly conferred by this article upon another municipality, official or entity. The governing body by resolution does hereby designate the Westmont Borough Director of Public Works, or his designee, an employee of the Department of Public Works as the Ordinance Compliance Officers under this article.
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 municipality's designated sewer service provider.
SALE or TRANSFER
The sale, transfer, or assignment of any interest in real property; provided, however, that a refinancing of real property, without a conveyance, is not a sale or transfer under this article.
SURFACE STORMWATER
Surface water and groundwater, including but not limited to roof and driveway drainage, basement seepage, and surface and sump pump discharges.
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.
The Ordinance Compliance Officer, or other persons designated by the governing body by resolution, is authorized to initiate dye testing or other testing or inspection within the municipality for purposes of discovering or locating the inflow of surface stormwater to the sanitary sewer system. The Ordinance Compliance Officer is authorized to be present and inspect the dye testing or other acceptable testing of any qualified contractors approved by the Borough and retained by the property owner. Persons owning property within the municipality are required to grant access to the Ordinance Compliance Officer and/or the dye testing contractor and to permit dye testing or inspection. It is unlawful for any person to refuse access to property for purposes of dye testing or other testing or inspection.
In the event the Ordinance Compliance Officer, or the qualified contractor, identifies any illegal connections or leaking, deteriorating or poorly constructed private sanitary sewer lateral and/or sanitary sewer service connections, the qualified contractor shall give written notice of same to the property owner and concurrently furnish a copy of notice to the Westmont Borough Ordinance Compliance Officer that such illegal connections must be eliminated and/or services connections be, at the property owner's expense, repaired, replaced, or rehabilitated within 30 days of the date of the notice. If the condition does not create a health hazard, the Ordinance Compliance Officer, upon request of the property owner, may extend the deadline to 60 days from the date of the notice.
It shall be unlawful for any person to sell or transfer improved and sewered real property located within the municipality 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.
A. 
At least 21 days prior to the date of closing or transfer of any improved real property located within the municipality, the seller or transferor or its agent shall submit to the Ordinance Compliance Officer 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 Municipal Secretary. The fee for filing the completed application for certificate of compliance shall be $10 and may be changed from time to time by resolution of the Westmont Borough Council.
B. 
Prior to the sale or transfer of any improved real property located within the municipality, the seller or transferor shall have a dye test of the property performed by a qualified contractor approved in advance by the Ordinance Compliance Officer, to perform such tests. Upon completion of the dye test, the person who performed the test shall complete the appropriate section of the application for certificate of compliance, confirming that the property has been dye tested and certifying the results of the test.
A. 
If the application for certificate of compliance, properly completed and filed with the Ordinance Compliance Officer with the designated filing fee, indicates that there are no connections of surface stormwater to the sanitary sewer system, then the Ordinance Compliance Officer 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, the Ordinance Compliance Officer shall not issue the certificate of compliance until the connections have been removed and a qualified contractor approved in advance by the Ordinance Compliance Officer has certified that there is no connection of surface stormwater to the sanitary sewer system from the property to be sold or transferred.
A. 
When a surface stormwater connection to the sanitary sewer system is discovered and the necessary work to remove the connection 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 Ordinance Compliance Officer 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 qualified contractor approved in advance by the Ordinance Compliance Officer requiring the contractor to complete the remedial work necessary for the removal of the connections of surface stormwater to the sanitary sewer system and granting the municipality 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 municipality, its agents, contractors, and employees, to enter into the property to complete the remedial work in case of default by the contractor or the applicant.
(4) 
The filing fee established by the governing body and modifications from time to time by resolution.
B. 
When dye testing cannot be performed because of weather conditions, the seller or applicant may apply to the Ordinance Compliance Officer 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 $1,000.
(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, together with a license from the purchaser or transferee to the municipality, its agents, contractors, and employees, to enter upon the property to conduct the dye testing 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 municipality's enforcement powers or excuse the current owner of the property from performance.
(3) 
The filing fee established by the Westmont Borough Council from time to time by resolution.
C. 
The Ordinance Compliance Officer 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 §§ 172-69 and 172-70 of this article, the cash security shall be forfeited, unless the Ordinance Compliance Officer has granted an extension of the temporary certificate of compliance for a reasonable time due to inclement weather or unavailability of plumbers and contractors to correct the situation. Unless a special extension has been granted, the municipality may use the funds to complete the remedial work for the dye testing.
E. 
The application for temporary certificate of compliance form shall be available upon request from the Municipal Secretary.
A request to the municipality 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 Borough Council from time to time by resolution. The municipality shall issue the municipal lien letter or tax verification letter within seven days of receipt of the appropriately documented request and the applicable fee.
The Ordinance Compliance Officer 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; 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 municipality'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 laws or ordinance.
Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of this article shall be subject to a penalty of not more than $600 for each violation. Once a person is notified of a violation of this article, each day that such violation occurs or continues shall constitute a separate violation. In addition to and not in lieu of the foregoing, the municipality or the public sewage provider may seek equitable relief to complete compliance with this article.