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 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
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 Bell Acres Municipal Authority.
SELL 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 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 Borough of Bell Acres 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 request to the Borough of Bell Acres 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 of the Borough of Bell Acres from time to time by resolution.
The Borough of Bell Acres shall issue the municipal lien letter or
tax verification letter within seven days of receipt of the appropriately
documented request and the applicable fee.
A certificate of compliance issued under this
article shall be valid for a period of one year from the date of issuance.
The Borough Manager 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 the 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 law or ordinance.
Any person who shall fail, neglect or refuse
to comply with any of the terms or provisions of this article, upon
conviction before any District Justice, shall be sentenced to pay
a fine of $500. Each day shall be considered a separate violation.
This article shall not preclude the Borough
of Bell Acres from conducting dye testing or other testing or inspection,
or implementing a program of dye testing or inspection, within the
Borough for purposes of discovering or locating the inflow of surface
stormwater to the sanitary sewer system.