[Adopted 1-26-2005 by Ord. No. 648]
As used in this article, the following terms shall have the
meanings indicated:
Any commonly accepted plumbing test wherein dye is introduced
into a collection system for the purpose of tracing the path of flow
of such system.
The discharge of basement seepage or groundwater or the connection
of downspouts, roof drainage, driveway drainage, surface or areaway
drainage into the sanitary sewer system.
Any discharge into the storm sewer system or surface waters
that is not entirely composed of stormwater.
Written letters from the proper official of the Township
of Hampton concerning municipal liens and property taxes.
An official statement from the Municipal Manager or his/her
designate of the Township of Hampton stating that there are no illegal
storm or surface water connections into the sanitary sewer system
and that there are no wastewater connections into surface water or
the stormwater system on the specific property being sold.
A temporary statement of certification from the proper official of the Township of Hampton, issued pursuant to the terms of § 250-35 of this article.
That after the effective date of this article, it shall be unlawful
for any person to sell any real estate within the Township of Hampton
on which a building or improvement exists, without first delivering
to the purchaser a stormwater compliance certificate from the proper
officials of the Township of Hampton. In the event that the property
being sold is serviced by either Deer Creek Drainage Basin Authority
or McCandless Township Sanitary Authority, the applicant must fully
comply with the requirements of that Authority.
Any person selling real estate located within the Township of
Hampton (hereinafter "applicant") shall make application on a form
furnished by the Township of Hampton at least 14 days before the date
of the sale. The applicant shall then have a plumber who is registered
and licensed by the Allegheny County Health Department and named on
the Township of Hampton Approved Testing Agency List conduct a dye
test on the real property to be sold. The plumber shall follow the
standards set forth by the Township and complete the appropriate portions
of the Township form confirming that the property has been dye-tested
and certifying the results of such test. In the event that there are
no violations, the Municipal Manager or his/her designate shall issue
a stormwater compliance certificate upon the payment of a fee as set
by resolution of the Township Council. When an illegal storm or surface
water connection or illicit discharge is discovered by the means of
the above-mentioned testing, no stormwater compliance certificate
will be issued until all violations are corrected, inspected and approved
by the Township.
A temporary document of certification may be issued at the Township's
sole discretion only under the following circumstances:
A.
When such testing cannot be performed because of weather conditions,
the applicant shall provide the Township with security in the amount
of $300 to guarantee that the appropriate test will be performed.
In addition, the applicant shall provide a signed written acknowledgement
from the purchaser of the real estate, agreeing to correct, at said
purchaser's sole expense, any violations that may be discovered
as the result of the subsequent test. Nothing in this subsection 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 and no such agreement shall affect
the Township's enforcement powers or excuse the current owner
from performance.
B.
When illegal connections have been discovered and the necessary remedial
activities to correct such connection would require a length of time
such as to create a practical hardship for the applicant, the applicant
may apply to the Municipal Manager or his/her designate for a temporary
document of certification which may only be issued when the applicant
provides the Township with all of the following:
(1)
A bona fide executed contract between the applicant and a registered
licensed plumber to complete the necessary remedial work;
(2)
Cash security in the amount 110% of said contract posted in the name
of the Township; and
(3)
An agreement by the purchaser to be responsible for all cost overruns
related to the remedial work, together with a license to the Township
to enter upon the property to complete such work in case of default
by the contractor. The Municipal Manager or his/her designate 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.
A.
The Municipal Manager or his/her designate is hereby authorized,
empowered and directed to make reasonable rules and regulations for
the operation and enforcement of this article as he deems necessary,
which shall include, but not be limited to:
(1)
Establishing
acceptable forms of security or guarantees;
(2)
Establishing a list of approved testing agencies;
(3)
Establishing reasonable acceptable standards for testing procedures;
(4)
Establishing the forms of application, fees and purchaser acknowledgements;
(5)
Limiting the times of the year in which the temporary documents of
certification are available for reasons of weather;
(6)
Such
other rules and regulations as are necessary for the operation and
enforcement of this article.
B.
All rules and regulations issued pursuant to this section shall be
in writing and be approved by the Council of the Township of Hampton
prior to such rules and regulations being effective.
A stormwater compliance certificate shall be required for every
property transfer within the Township of Hampton. The certification
shall expire 12 months from the date of issuance. If the property
sale does not occur within this twelve-month period following the
issuance of the stormwater compliance certificate, a new certificate
shall be required.
Nothing in this article shall limit, in any fashion whatsoever,
the Township's right to enforce its ordinance or the laws of
the Commonwealth of Pennsylvania. 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, or of any regulation
or requirement pursuant thereto and authorized thereby shall, upon
conviction before any issuing authority be sentenced to pay a fine
of $600 and costs of prosecution, and in default of payment thereof,
to imprisonment for a term not to exceed 90 days.
This article shall become effective the first day of March 2005.
