[Adopted 6-8-2010 by Ord. No. 3-2010]
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 stormwater, 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 Borough of Verona.
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 Verona 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 Verona 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 Verona from time to time by resolution. The Borough of Verona 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 of Verona 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 a temporary certificate of compliance is available for reasons
of weather.
Nothing in this article shall limit in any fashion whatsoever
the Borough of Verona'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 Magisterial District Judge, shall be sentenced to pay a fine of
$500 and, in default of payment, to imprisonment for a term not to
exceed 30 days.
This article shall not preclude the Borough of Verona 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.