[Adopted 12-19-1994 by Ord. No. 507 (Ch. 18, Part 4, of the
1981 Code of Ordinances)]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
Peters Township Sanitary Authority and/or the Peters Creek
Sanitary Authority.
Peters Township Ordinances, as the same may be from time
to time amended.
An official statement from the Authority stating that there
are no illegal storm- or surface water connections into the sanitary
sewer connections on the property to be sold which violate any section
of the code.
The discharge of basement seepage or groundwater or the connection
of downspouts, roof drainage or surface or areaway drainage into the
sanitary sewer system.
A written letter from the Township concerning municipal liens
and property taxes.
Any person, syndicate, association, partnership, firm, corporation,
institution, agency, authority, or other entity recognized by law
as the subject of rights and duties.
A temporary statement of certification from the Authority issued pursuant to the terms of § 337-34 of this article.
Peters Township.
After the effective date of this article, it shall be unlawful
for any person to sell or purchase real estate within the Township
on which a building or improvement exists that is connected to an
Authority sewer line without first delivering to the purchaser a document
of certification or a temporary document of certification issued by
the Authority.
A.
Any person selling real estate located as defined in § 337-30 of this article that is located within the Township (hereinafter referred to as "applicant") shall make application on a form furnished by the Authority at least 21 days before the date of closing the sale. The applicant shall then cause to have performed a dye test or other tests deemed appropriate by the Authority on the property to be sold. All tests shall be performed by an inspector appointed by the Authority (hereinafter referred to as "inspector").
B.
The inspection fee shall be in an amount set by resolution of the
Authority. The inspection fee shall be paid to the Authority at the
time of making the application referred to in this section.
C.
Such inspector shall complete the appropriate portions on the form and certify that the property has been tested and certify the results of such test. In the event there are no illegal storm- or surface water connections, the Authority shall issue a document of certification upon payment of such fee as set by resolution of the Authority. When an illegal storm- or surface water connection is discovered by means of the above-mentioned tests, no document of certification will be issued until the illegal connections are removed and certification of such removal by an inspector is received. An additional inspection fee shall be paid by the applicant for each inspection subsequent to the first inspection referred to in Subsection A
A document of certification shall be valid for a period of one
year from the date of issuance. Real estate may be sold during the
one-year effective life of such document without further testing or
certification.
A document of certification shall not be required in the following
instances:
A.
When property is refinanced, but no conveyance takes place.
B.
Individual apartment-type units within a single condominium building
may be sold without individual certification, provided that the building
in which the units are located has been certified no longer than one
year previous to the date of the sale of the individual condominium
unit.
C.
When the real estate is such that tap-in to the sanitary sewer system
is not required by law or ordinance.
A.
A temporary document of certification may be issued by the Authority
at its sole discretion, when, either:
(1)
The applicant proves that weather conditions or other circumstances
would pose an undue hardship. In that event, the applicant shall provide
a signed, written acknowledgment from the purchaser agreeing to correct,
at purchaser's sole cost and expense, any violations that may
be discovered as a result of subsequent tests. Nothing in this subsection
shall prohibit any purchaser from requiring the applicant to reimburse
the purchaser for any costs incurred; provided, however, that primary
liability shall run with the land and no such agreement shall affect
the Authority's enforcement powers or excuse the current owner
from compliance with this code; or
(2)
When an illegal storm- or surface water connection is 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 Authority for a temporary
document of certification which may only be issued when the applicant
provides the Authority with all of the following:
(a)
A bona fide, executed contract between the applicant and a contractor
to complete the necessary remedial work with the Authority listed
herein as a third-party beneficiary; and
(b)
Cash security in the amount of said contract is posted with
the Authority; and
(c)
A written agreement by the purchaser to be responsible for all
cost overruns and extras related to the remedial work together with
a written license to enter upon the property to complete work in case
of default of the contractor referred to above.
B.
The Authority's manager or other individual authorized by the
Authority's Board of Directors shall determine when such temporary
document of certification shall expire. Upon expiration, the security
shall be forfeited and the Authority may use the security to have
the necessary remedial work completed.
The Authority is hereby empowered to undertake the duties imposed
by this article, including, but not limited to:
The Authority may, by resolution, change from time to time the
fees authorized in this article.
Nothing in this article shall limit in any fashion whatsoever
the Authority's or Township'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.
A.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days.[1]
B.
Whenever any person violating any of the provisions of this article
is notified of such violation in writing by the Authority, each day
or portion thereof a violation occurs or continues to occur shall
constitute a separate violation.
C.
In addition to and not in lieu of the foregoing, the Township and/or
Authority may seek equitable and legal relief to compel compliance
with this article.
