As used in this article, the following terms shall have the
meanings indicated:
DYE TEST
A test conducted on real property by the use of colored innocuous
substances that will reveal the direction and flow of stormwater or
surface water.
MORTGAGE
The transfer, assignment, pledge or hypothecation of any
interest in real property to a lender for value, which transfer, assignment,
pledge or hypothecation is evidenced by a mortgage, deed of trust
or other security instrument.
PERSON
Any person, syndicate, association, partnership, firm, corporation
or the chief executive officer of any corporation, institution, agency,
authority, partnership or member of such partnership or other lawful
entity.
SALE
The transfer or assignment, with or without consideration,
of any interest in real property situate within the Borough, whether
or not the same is to a person or persons related by blood to the
transferor.
SANITARY SEWER CERTIFICATION
An official statement from the Borough stating that there
are no illegal storm sewer or surface water connections to the sanitary
sewer lines on the real property to be sold, transferred, assigned
or mortgaged.
VIDEO CAMERA INSPECTION
Any commonly accepted method of testing whereby a video camera
is inserted into and travels throughout the private lateral sewer
line of real property to determine if any illegal stormwater, groundwater,
or surface wetter is entering the sanitary sewer system.
[Added 3-20-2012 by Ord.
No. 844]
After the effective date of this article, any person or persons selling or mortgaging any interest in real property situate within the Borough of Baldwin, as those terms are defined herein, shall be required to provide to the purchaser and to the appropriate Borough officials, designated hereafter a sanitary sewer certification, which certification shall be provided to the purchaser or designated Borough officials on the time or times designated in §
134-33 of this article.
Any person selling or mortgaging real property (hereinafter
"applicant") located within the Borough shall make application on
a form furnished by the Borough at least 21 days before the date of
sale or mortgage. The applicant shall then have a plumber who is registered
and licensed by the Allegheny County Health Department perform a dye
test on the property to be sold, transferred, assigned, mortgaged
or refinanced. Such plumber shall complete the appropriate portions
on the form and certify that the property has been dye tested and
certify the results of such test. In the event that there are no illegal
stormwater or surface water connections or discharges, the Borough
Secretary, or his or her designate, shall issue a sanitary sewer certification
upon payment of a fee of $25. When an illegal stormwater or surface
water connection or discharge is discovered by means of the above-mentioned
dye testing, no sanitary sewer certification will be issued until
the illegal connections or discharges are removed and certification
of such removal by a registered licensed plumber is received.
[Added 3-20-2012 by Ord.
No. 844]
A. As part of the document of certification application process, outlined in §§
134-32,
134-33,
134-34 and
134-35 of this article, in addition to the dye test performed by a plumber registered and licensed by the Allegheny County Health Department, the Borough of Baldwin does hereby require a video camera inspection of the private sewer lateral performed by a plumber registered and licensed by the ACHD.
B. When,
as a result of a video camera inspection, it is determined that there
is a defect in the private lateral whereby stormwater, surface water,
or groundwater is being allowed to flow into the private lateral,
no document of certification will be executed until the private lateral
line is repaired and certification of such repair is certified by
a plumber registered and licensed by the ACHD.
C. The
Borough is hereby empowered to make reasonable rules and regulations
for the operation and enforcement of the video camera inspection requirement.
All rules and regulations issued pursuant to this section shall be
in writing.
D. This
section shall not preclude the Borough from requiring video camera
inspections or other inspections of the private systems for the purpose
of locating defective piping which would allow surface water or groundwater
to enter the system.
Property which has been constructed in accordance with a valid
building permit and has been inspected by the Borough Building Inspector
and the Plumbing Division of the Allegheny County Health Department
may be sold or conveyed without evidence of compliance as required
by the article; provided, however, that if such property is sold after
five years from the date of its original occupancy, compliance is
mandatory. A sanitary sewer certificate granted under this article
shall be valid for a period of five years, and any sale taking place
after said five-year period shall be subject to the provisions of
this article, and a new sanitary sewer certificate shall be required.
Nothing in this article shall limit in any manner whatsoever
the Borough's right to enforce its ordinances or the laws of the Commonwealth
of Pennsylvania. Nothing contained in this article shall be construed
as or offered as a defense to any citation issued by any municipal
corporation or the Commonwealth of Pennsylvania 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 and, in particular, the provisions of §§
134-32,
134-33 and
134-34 hereof, or of any regulation or requirement pursuant hereto and authorized hereby shall, upon conviction before any District Magistrate, be sentenced to pay a fine of $1,000 and, in default of payment thereof, to imprisonment for a term not to exceed 90 days.