[Adopted 9-5-2007 by Ord.
No. 364]
As used in this article, the following terms shall have the
meanings indicated:
A person applying for a certificate of compliance or temporary
certificate of compliance.
Cash, certified check, or treasurer's check.
Any commonly accepted method of testing whereby dye is introduced
into the storm, surface or subsurface water collection system and
downspouts of structures or improvements to real property to determine
if surface stormwater is entering into the sanitary sewer system.
Real properly on which any building, driveway or parking
pad, other surface or subsurface structure or improvement has been
constructed, installed or erected, where the real property or any
improvement on the real property is connected to the sanitary sewer
system.
Any natural person, association, partnership, corporation,
syndicate, institution, agency, authority, or other entity recognized
by law as the subject of rights and duties.
The sanitary sewer lines and related facilities owned, maintained
and operated by Deer Creek Drainage Basin Authority.
The sale, transfer, or assignment of any interest in real
property; provided, however, that a refinancing of real property,
without a conveyance, is net a sale or transfer under this article.
Surface water and groundwater, including, but not limited
to, roof and driveway drainage, basement seepage, and surface and
areaway drainage.
After the date of this article, it shall be unlawful for any
person to connect any rain leader, roof drain, downspout, gutter,
parking lot drain, driveway drain, interior or exterior sump, French
drain, spring or other collector or source of surface stormwater,
including, but not limited to, the fresh air vent of the improved
and sewered property's sanitary sewer, to the sanitary sewer
system.
After the date of this article, it shall be unlawful for any
person to sell or transfer improved and sewered real property located
within West Deer Township without having obtained and delivered to
the buyer or transferee, at or prior to closing or transfer, a certificate
of compliance or temporary certificate of compliance for the property
being sold or transferred.
A.
At least 14 days prior to the date of closing or transfer of any
improved real property located within the Township of West Deer, the
seller or transferor or its agent shall contact Deer Creek Drainage
Basin Authority to schedule a dye test.
B.
Prior to the sale or transfer of any improved real property located
within the Township of West Deer, the seller or transferor shall have
a dye test of the property performed by a designated employee of the
Deer Creek Drainage Basin Authority. Upon completion of the dye test,
the person who performed the test shall complete the appropriate dye
test inspection form, confirming that the property has been dye tested
and certifying the results of the test.
A.
If the dye test inspection form, properly completed and filed with
the Deer Creek Drainage Basin Authority office, indicates that there
are no connections of surface stormwater to the sanitary sewer system,
then a representative of Deer Creek Drainage Basin Authority shall
contact the designated contact for the property with the dye test
results, within five business days.
B.
If the dye test reveals the existence of one or more surface stormwater
connections to the sanitary sewer system, Deer Creek Drainage Basin
Authority shall not issue the certificate of compliance until the
connections have been removed by the owner, lessee or occupier, and
inspected by a qualified Deer Creek Drainage Basin Authority employee,
confirming there is no connection of surface stormwater to the sanitary
sewer system from the property to be sold or transferred.
A request to the Township of West Deer and Deer Creek Drainage
Basin Authority for a municipal lien letter or tax verification letter
must be accompanied by a valid certificate of compliance or temporary
certificate of compliance issued in compliance herewith and by the
appropriate fee, which shall be established by the Board of Supervisors
for the Township of West Deer and the Deer Creek Drainage Basin Authority
from time to time by resolution. The Township of West Deer and the
Deer Creek Drainage Basin Authority shall issue the municipal lien
letter(s) or tax verification letter(s) within seven days of receipt
of the appropriately documented request and the applicable fee.
A certificate of compliance issued under this article shall
be valid for a period of one year from the date of issuance.
[Amended 4-20-2016 by Ord. No. 408]
The Township Building Code Official together with the Deer Creek
Drainage Basin Authority Manager is hereby empowered to make reasonable
rules and regulations for the operation and enforcement of this article,
including, but not limited to: establishing the form of applications,
acknowledgments and certifications; and limiting the time of year
in which temporary certificate of compliance is available for reasons
of weather.
Nothing in this article shall limit in any fashion whatsoever
the Township of West Deer'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.
[Amended 4-20-2016 by Ord. No. 408]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000, plus costs,
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
A.
This article shall not preclude the Township of West Deer and/or
Deer Creek Drainage Basin Authority from conducting dye testing or
other testing or inspection, or implementing a program of dye testing
or inspection, within the Township of West Deer, for purposes of discovering
or locating the inflow of surface stormwater to the sanitary sewer
system.
(1)
No property owner or property situated in the Township in any sewer
district shall discharge, or permit the discharge, of any stormwater,
surface water, springs, or natural water sources, roof runoff, subsurface
drainage, cooling water, unpolluted industrial process water, or any
similar item into said public sanitary sewers.
(2)
The Township hereby authorizes Deer Creek Drainage Basin Authority
to conduct with advance written notice to property owners and leases
periodic random smoke and/or dye tests, and any other appropriate
test or inspection, without cost to the residents of the Township,
of all existing sewer systems and pertaining to sewer systems and
structures.
(3)
Every owner, lessee or occupier of land within the Township serviced
by public sanitary sewers shall submit to smoke and/or dye testing
by Deer Creek Drainage Basin Authority, if required. The owner, lessee
or occupier of the land shall permit said testing upon request of
the Township or Authority to conduct such testing at no cost to the
owner, lessee, occupier of the land. Testing will not be required
when the owner, lessee, or occupier of the land produces a certificate
of compliance or temporary certificate of compliance that has not
expired pursuant to the terms of this article.
(4)
When illegal stormwater or surface water connections or conditions
have been discovered, all necessary remedial work to correct such
connection shall be completed by the owner, lessee or occupier of
the premises, weathering permitting, within 60 days of the date such
party receives notification of the illegal connection or condition.
Documentation by a registered plumber indicating the correction has
been made must be furnished to Deer Creek Drainage Basin Authority
and West Deer Township. A retest may be ordered at the discretion
of the Authority or Township.
(5)
In the event the necessary remedial work would create severe economic
hardship for the owner, lessee, or occupier of the premises, application
may be made to the Deer Creek Drainage Basin Authority for an extension
of up to an additional six months to complete said remedial work.
A severe economic hardship shall be defined as any person or persons
who qualifies as having a level of income considered to be a low-moderate
income under federal guidelines.
B.
In the event the owner, lessee, or occupier of the premises who established
severe economic hardship is unable to effect the necessary remedial
work within the time permitted, including any extension thereof, the
Township or the Authority may undertake to have the necessary remedial
work completed at the expense of the owner, lessee or occupier of
the premises, and to make any necessary arrangements for the payment
of said work by the owner, lessee, or occupier of the premises on
an installment basis, which arrangements shall be mutually satisfactory
to the owner, lessee or occupier. In the event satisfactory arrangements
are not agreed upon by the Township, Deer Creek Drainage Basin Authority,
and the owner, lessee or occupier, the Township or Deer Creek Drainage
Basin Authority may file a lien against such property, which lien
shall remain in effect until payment in full or sale of the property
occurs, at which time payment in full shall be required.
