[Ord. 455, 10/17/2001]
For the purpose of this Part, the following words shall have
the following meaning:
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals
or property, including covered porches or bay windows and chimneys.
A structure, or portion thereof, arranged for the use of
one or more individuals living together as a housekeeping unit on
a permanent, temporary or transient basis which may or may nor include
sanitary facilities or facilities for preparation, storage or serving
of food.
Any person who, alone or jointly or severally with other
persons, has the legal title to any premises. This includes any persons
who has charge, care or control over any premises as: (1) an agent,
officer, fiduciary or employee of the owners; (2) the committee, conservator,
or legal guardian of an owner who is incompetent, a minor or otherwise
under disability; (3) a trustee, elected or appointed or a person
required by law to act as a trustee, other than a trustee under a
deed of trust to secure the payment of money; or (4) an executor,
administrator, receiver, fiduciary, officer appointed by any court,
attorney-in-fact, or other similar representative of the owner of
his or her estate. This does not include a lessee, a sublease or any
other person who merely has the right to occupy or possess premises.
A person licensed by the Pennsylvania Real Estate Commission
who earns a living regarding the sale and exchange of real property.
A procedure whereby the seller(s) and buyer(s) of property
meet in the offices of a title company, the courthouse, or the office
of any attorney or real estate office, for the purpose of reviewing
a settlement sheet prepared in accordance with the Real Estate Settlement
Procedures Act (RESPA), where money is exchanged, where a deed or
other instrument of title is executed (including Articles of Agreement)
and where other certifications concerning properties both residential
and commercial are completed to the satisfaction of all parties, title
insurance companies and governmental agencies.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A device which has its function the pumping of water and
other liquids commonly used in the basements of residential households,
whether the same be portable or permanent, immersible or nonimmersible.
A transfer of real property which occurs pursuant to the
provisions of will duly admitted to probate or by virtue of intestate
proceedings instituted by parties having an interest in intestate
proceedings for the purpose of administering the estate of a decedent
without the provisions of a will.
[Ord. 455, 10/17/2001]
It shall be deemed a violation of this Part of the Code of Ordinances
of the Township of Lower Swatara to install, reinstall, or alter change
any permitted (legal) sump pump connection by allowing the flow from
such connection any way to enter into the Municipal Authority of Lower
Swatara Township Sewer System. Violators shall be subjected to the
penalties provided for in this chapter of the Codified Ordinances
of Lower Swatara Township.
[Ord. 455, 10/17/2001]
1.
At the time of any real estate settlement, the party responsible
for the preparation of the uniform settlement statements under the
provisions of the Real Estate Settlement Procedures Act (RESPA) (12
U.S.C. § 2601 et seq.) shall, in addition, prepare a certification
in the form attached to this resolution which shall be signed by the
seller(s) and the purchaser(s) of the property being transferred and,
additionally, by the agent conducting settlement (the settlement agent).
The certification shall be executed under penalty set forth in Title
18, Purdon's Statutes, § 4904,[1] providing for penalty for unsworn falsification to authorities.
The certification shall report the existence of any sump pump in the
premises being transferred, the connection of the sump pump to any
part or portion of the sanitary sewer system operated by the Municipal
Authority of Lower Swatara Township and the time, if known, when the
said sump pump was installed.
[1]
Editor's Note: See 18 Pa.C.S.A. § 4904.
2.
The settlement agent holding settlement or any other party performing
a settlement, as the case may be, shall submit the certification to
the Municipal Authority of Lower Swatara Township within seven days
of the settlement date by personal delivery to 1499 Spring Garden
Drive, Middletown, Pennsylvania 17057, or by United States Mail, first
class, postage required.
3.
Failure to complete the certification or to mail the certification
shall be deemed a violation of this chapter of the Codified Ordinances
of Lower Swatara Township and the penalties provided therein.
4.
If the property is transferred pursuant to the provisions of a will
duly admitted to probate by the Register of Wills of Dauphin County,
or by intestacy proceedings property filed before the Register, the
responsible party for completion of the certification shall be the
executor or administrator of the estate. The provisions of the above
regarding the completion of the certification and delivery of mailing
of the same shall be applicable to the said executor or administrator,
as the case may be.
[Ord. 455, 10/17/2001; as amended at time of adoption of
Code (see Ch. AO)]
It shall be the duty of the Municipal Authority of Lower Swatara
Township to keep a permanent record of all sump pumps installed in
all buildings and dwelling units, buildings or structures. They shall
have continuing authority to monitor and inspect such sump pumps for
compliance with this Part and with the aforesaid chapter of the Codified
Ordinances of Lower Swatara Township.
[Ord. 455, 10/17/2001]
The installation, extension, alteration, repair or maintenance
of sump pump systems and related plumbing systems shall be in accordance
with Lower Swatara Township Plumbing Code Regulations.
