As used in this article, the following terms shall have the
meanings indicated:
DOCUMENT OF CERTIFICATION; EVIDENCE OF COMPLIANCE
An official statement from BASA stating that there was, at
the time of inspection and testing, no evidence of any illegal stormwater
and surface water connections and infiltration of ground or subsurface
waters on the specific property which is being sold, transferred,
assigned, mortgaged or refinanced.
MUNICIPAL LIEN LETTER
A written letter from officials of BASA concerning municipal
liens for public sanitary sewer service and charges related thereto.
PERSON
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
SEWAGE
As defined under the Pennsylvania Sewage Facilities Act,
35 P.S. § 750.2, any substance that contains any of the
waste products or excrement or other discharge from the bodies of
human beings or animals and any noxious or deleterious substances
being harmful or inimical to the public health, or to animal or aquatic
life, or to the use of water for domestic supply or for recreation,
or which constitutes pollution under the Act of June 22, 1937 (P.L.
1987, No. 394, also known as the Clean Streams Law, as amended, 35
P.S. § 691.1 et seq.).
TELEVISION, DYE AND/OR SMOKE TESTING AND INSPECTION
Any commonly accepted method of testing and inspection wherein
a television camera, dye and/or smoke is introduced into the storm,
surface, ground or subsurface water collection system, down spouts
or sanitary sewer lateral connection of real estate property to determine
if any illegal stormwater or surface water or infiltration of ground
or subsurface water is entering the sanitary sewer system.
The Township has, by this article, designated BASA, its officers,
employees and agents, as agents for the Township to identify, report
and require the disconnection of any illegal stormwater and surface
water connections and infiltration of ground or subsurface waters,
at any time prior to or from the effective date of this article, to
the BASA sanitary sewer system, and for such purpose, BASA, its officers,
employees and agents are authorized to enforce, consistent with this
article and the ordinances in effect within the Township with respect
to illegal stormwater and surface water connections and infiltration
of ground or subsurface water to the sanitary sewers. BASA shall report
to the Township all enforcement measures undertaken within the Township
which are directed to an owner, lessee or occupier of realty situate
in the Township.
After the effective date set forth in §
205-34 of this article, it shall be unlawful for any person to sell or transfer any real estate within the Township of Connoquenessing on which a building or improvement exists which is connected to the BASA sanitary sewer system, when such sale or transfer is subject to taxation under the Realty Transfer Tax Act, 72 P.S. § 8101-C et seq., as may be amended, and the corresponding regulations of the Department of Revenue; or to mortgage or refinance any real estate within the Township of Connoquenessing on which a building or improvement exists which is connected to the BASA sanitary sewer system when such mortgage or refinancing is for the purpose of acquiring title to, or improving, modifying, repairing or rehabilitating any such real estate which requires a building permit under Chapter
110, Construction Codes, Uniform, without first delivering to the purchaser, transferee mortgagee or person or institution providing financing or refinancing, a document of certification from the proper officials of BASA.
In addition to the requirements set forth in §§
205-25 and
205-26 of this article, any person selling, transferring, mortgaging or refinancing real estate located within the Township which is connected to the BASA sanitary sewer system must subject such person's real property to prior inspection, including inspection of interior premises of any building or residence, by authorized representatives of BASA, between the hours of 7:00 a.m. and 9:00 p.m., prevailing time, and upon seven days' written advance notice to the person selling such real estate, to determine the presence of any illegal connection, device (e.g., a sump pump), or condition, which causes or permits storm or surface water or the infiltration of ground or subsurface water to enter into the BASA sanitary sewer system. Such person shall not be issued a document of certification until:
A. Such inspection
and testing has been performed and has revealed no evidence that a
connection, device, or condition exists which causes or permits storm
or surface water or the infiltration of ground or subsurface water
to enter into the BASA sanitary sewer system and a follow-up inspection
verifies that such connection, device or condition found to be previously
in operation or existence has been disconnected and removed; or
B. An escrow
agreement satisfactory to BASA has been executed and a follow-up inspection
of the illegal connection, device or condition identified in such
agreement verifies that such connection, device or condition found
to be previously in operation or existence has been disconnected and
removed.
BASA is authorized in the course of its program of inspection
and testing of privately and publicly owned facilities within the
Township, when it identifies deteriorating sewer service laterals
or other connections, devices or conditions which cause or permit
inflow of storm and surface waters or infiltration of ground or subsurface
waters into the publicly owned facilities of the BASA sanitary sewer
system, to provide written notice to the property owner or owners
as to the condition of such laterals and sewer service connections,
devices or conditions, together with a statement that such deteriorating
laterals and sewer service connections, devices or conditions, must,
at the property owner's expense, be promptly repaired, replaced
or rehabilitated. A copy of all written reports of deteriorating laterals
and sewer service connections shall be kept on file and shall be used
in determining whether certificates can issue.
The powers conferred by the within article of the Township shall
be in addition to and not in substitution for any other powers conferred
upon BASA to enforce and require the elimination of illegal stormwater
and surface water connections or infiltration of ground or subsurface
water to the BASA sanitary sewer system.
Nothing in this article shall limit, in any fashion whatsoever,
the Township's rights to enforce its ordinances 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.
Sections
205-25,
205-26 and
205-27 of this article shall take effect July 1, 2004. The remaining sections of this article shall take effect five days after adoption per Section 1601(a) of the Second Class Township Code.