[Ord. 1870, 7/24/1997, § III]
That after the effective date of this Part, it shall be unlawful
for any person to sell, convey or transfer any property tapped into
the sewer system of the Township of Harrison on which a building or
improvement exists, without first delivering to the purchaser a Document
of Certification or Temporary Document of Certification from the proper
officers of the Township of Harrison, unless said sale, conveyance
or transfer is exempted pursuant to this Chapter or to rules and regulations
adopted pursuant to § 304.
[Ord. 1870, 7/24/1997, § III]
Any person selling, conveying or transferring property tapped
into the sewer system of the Township of Harrison (hereinafter "applicant")
shall make application on a form furnished by the Township of Harrison,
accompanied by a nonrefundable fee of $25 or such other fee as may
be set from time to time by resolution of the Board of Commissioners,
at least 14 days before the date of sale. The applicant shall then
have a certified plumber or testing agency approved by the Township
perform a dye test and/or a smoke test on the property to be sold,
said smoke test to involve the use of nontoxic, nonstaining smoke,
which is forced through the real estate sewer system by the use of
air blowers. The certified plumber or approved testing agency shall
complete the appropriate portions on the form that the property has
been dye tested and/or smoke tested and certify the results of such
test. In the event that there are not illegal storm or surface water
connections, the Building Inspector or his designate shall issue prior
to the date of sale a Document of Certification. When an illegal storm
or surface water connection is discovered by the means of the above-mentioned
testing, a notice will be issued to the applicant informing the applicant
of the illegal connection and that no Document of Certification will
be issued until the illegal connections are removed, inspected and
approved by the Township.
[Ord. 1870, 7/24/1997, § III]
A Temporary Document of Certification may be issued at the Township's
sole discretion only under the following circumstances:
A.
When in the opinion of the Township Building Inspector such testing
cannot be performed because of weather conditions, the applicant shall
provide the Township with:
(1)
Security in the amount of $200 or such other amount as may be
set from time to time by resolution of the Board of Commissioners,
to guarantee that the present and/or future property owner will submit
to performance of appropriate tests. The Township will require the
appropriate test to be made at such time as weather conditions are
deemed appropriate by the Township Building Inspector. Upon performance
of such tests, the Building Inspector. Upon performance of such tests
and certification of test results to the Township by the tester, the
$200 security will be disbursed by the Township to the applicant.
(2)
A signed written acknowledgment from the purchaser of the real
estate, agreeing to correct, at the said purchaser's sole expense,
any violations that may be discovered as the result of subsequent
tests and agreeing that no building or occupancy or land use approval
of any kind will be issued for the said property until all required
corrective work has been completed to the satisfaction of the Building
Inspector. Nothing in this Part shall prohibit any purchaser from
requiring the applicant to reimburse the purchaser for any costs incurred;
provided, nevertheless, that primary liability shall run with the
land an no such agreement shall affect the Township's enforcement
powers or excuse the current owner from performance.
B.
When illegal stormwater or surface water connections have been discovered
and the necessary remedial activities to correct such connection would
require a length of time, in excess of 20 days such as to create a
practical hardship for the applicant, the applicant may apply to the
Building Inspector for a Temporary Document of Certification which
may only be issued when the applicant provides the Township with all
of the following:
(1)
A copy of an executed contract entered into by the property
owner and a qualified contractor providing for the performance of
the necessary corrective work.
(2)
Cash security in the amount of the contract for the completion
of the necessary remedial work is posted with the Township.
(3)
An agreement by the purchaser to be responsible for all costs
of the remedial work in excess of the contract amount, together with
a license to the Township to enter upon the property to complete such
work in case of default by the contractor and an agreement by the
purchaser that no building or occupancy permit or land use approval
of any kind will be issued for said property until all required corrective
work is completed to the satisfaction of the Building Inspector. The
Building Inspector shall determine, by regulation, when such Temporary
Document of Certification shall expire, at which time the security
shall be forfeited and the Township may use the security to have the
necessary remedial work completed.
[Ord. 1870, 7/24/1997, § III]
The Building Inspector is hereby authorized, empowered and directed
to make reasonable rules and regulations for the operation and enforcement
of this Part as he deems necessary, which shall include, but not be
limited to:
A.
Establishing acceptable forms of security or guarantees.
B.
Establishing the forms of application, fees and purchaser acknowledgments.
C.
Limiting the times of year in which Temporary Documents of Certification
are available for reasons of weather.
D.
Such other rules and regulations as are necessary for the operation
and enforcement of this Part.
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All rules and regulations issued pursuant to this Section shall
be in writing and be approved by resolution of the Board of Township
Commissioners prior to such rules and regulations being effective.
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[Ord. 1870, 7/24/1997, § III]
Nothing in this Part shall limit, in any fashion whatsoever,
the Township's right to enforce its ordinances or the laws of
the Commonwealth of Pennsylvania. Nothing in this Part shall be a
defense to any citation issued by any municipal corporation or the
Commonwealth pursuant to any other law or ordinance.
[Ord. 1870, 7/24/1997, § III]
Any person who shall fail, neglect or refuse to comply with
any of the terms or provisions of this Part, or any regulation or
requirement pursuant thereto and authorized thereby shall, upon conviction
before any issuing authority, be sentenced to pay a fine of $1,000
and costs of prosecution, and in default of payment thereof, to imprisonment
for a term not to exceed 90 days.
[Res. 1209, 7/24/1997, as amended by Res. 1281, 1/24/2000,
§§ 1, 2]
1.
An application for an Evidence of Compliance Document, together with
the sum of $25 shall be submitted to the Township prior to the sale
of any real estate on which a building or other improvement exists
and shall accompany all applications for municipal no-lien letters.
2.
When real estate on which a building or other improvement exists
is refinanced but no conveyance takes place, evidence of compliance
is not required. The application for a Township no-lien letter with
the prevailing fee will be the only items necessary.
3.
Real estate on which a building or other improvement exists which
has been constructed in accordance with a valid building permit and
has been inspected by the Township Building Inspector and the Plumbing
Division of the Allegheny County Health Department and which has not
been formerly occupied, may be sold or conveyed without evidence of
compliance as required by the Part.
4.
All Temporary Documents of Certification shall automatically expire
six months from the date of issuance, at which time, any security
posted shall be forfeited.
5.
The only acceptable forms of security or guarantee shall be cash
or certified check.
6.
Dye tests and smoke tests may be performed by certified plumbers
or certified home inspectors. A certified home inspector must provide
to the Township a document evidencing certification by a bona fide,
certifying agency and must further show at least one year's experience
in conducting smoke or dye tests on sanitary sewer systems. Before
approving a certified home inspector to conduct smoke or dye testing,
the Township may require references and contact them to determine
whether past performance has been satisfactory.
7.
All certified plumbers or home inspectors approved to conduct smoke
or dye tests must, prior to certifying results of testing to the Township,
obtain a copy of Township procedures from the Township Public Works
Department. Noncompliance with such procedures shall be cause for
the Township to refuse to accept certifications from such certified
plumber or testing agency or certified home inspector.
