[Ord. 559, 11/4/1998, § 1; as amended by Ord. 698, 5/10/2017]
An official statement issued by the Township or the Municipal
Authority stating that there are no illegal storm, surface or subsurface
water connections into the sanitary sewer system, and that the lateral
passed inspection on the property to be sold or transferred.
The discharge of basement seepage or groundwater or other
subsurface water, or the connection of downspouts, roof drainage,
or surface drainage into the sanitary sewer system.
The sanitary sewer systems within the Township of Collier
owned and/or operated by the Township or Municipal Authority or their
successors in interest.
The sale, transfer or assignment of any interest in real
property, including refinancing, except for transactions solely between
spouses in the event of marriage, divorce or death, and transactions
consisting of the transfer of real estate into a trust in which the
current owner(s) is(are) exclusively named beneficiary.
The sewer line or lateral connecting the structure served
to the sanitary sewer system for the entire distance from the structure
to the point in the road right-of-way or sewer easement where a connection
to the sewer main is available.
A temporary statement from the Township or Municipal Authority issued pursuant to the terms of § 18-124 of this Part and/or Resolution No. 01-12-2017-01 of the Municipal Authority, as may be amended.
The Township of Collier.
[Ord. 559, 11/4/1998, § 2; as amended by Ord. 613,
5/9/2006, § I; and by Ord. 698, 5/10/2017]
After the effective date of the Part, it shall be unlawful for
any person to sell or transfer real property more than two years from
the date of any approved dye test, or more than five years from any
approved sewer lateral inspection, within the Township of Collier,
on which a building or improvement exists, without first having a
dye test and/or sewer lateral inspection performed by an Allegheny
County licensed plumber and then delivering to the purchaser a document
of certification or temporary document of certification issued by
the Township or the Municipal Authority. Further, it shall be unlawful
for any person, firm, or corporation to occupy or re-occupy all or
part of any commercial or industrial structure, located within the
Township of Collier, that has been closed for in excess of 90 days
for which there will be a change in the use of occupancy without first
having a dye test performed by an Allegheny County licensed plumber
and then attaining a document of certification or temporary document
of certification issued by the Township or the Municipal Authority
pursuant to the procedure contained in this Part.
[Ord. 559, 11/4/1998, § 3; as amended by Ord. 698,
5/10/2017]
Any person intending to sell or transfer real property located
within the Township of Collier more than two years after the date
of an approved dye test or five years after the date of an approved
sewer lateral inspection shall make application on a form furnished
by the Municipal Authority or the Township at least 20 days before
the date of sale or transfer. The Municipal Authority or Township
shall then have a master plumber as designated/approved by the Authority
or Township and who is registered and licensed by the Allegheny County
Health Department perform a dye test and a lateral inspection at the
property to be sold. Such master plumber shall complete the appropriate
portions on the form and certify that the property has been dye tested
and/or that the lateral has been inspected and shall certify the results
of such test and/or inspection. In the event that there are no illegal
storm, surface water or subsurface water connections, and if the lateral
test is passed, the Municipal Authority or Township Manager or designee
shall execute a document of certification. When an illegal storm,
surface or subsurface water connection is discovered by means of the
above-mentioned dye testing, or when a lateral fails to pass inspection,
no document of certification will be executed until the illegal connections
and/or the lateral are replaced or relined and certification of such
removal and such relining or replacement by a registered licensed
plumber is received.
[Ord. 559, 11/4/1998, § 4; as amended by Ord. 698,
5/10/2017]
1.
A temporary document of certification may be issued at the Municipal
Authority's or Township's sole discretion when either:
A.
The applicant proves that the dye testing cannot be performed because
of weather conditions. When such is the case, the applicant shall
provide the Municipal Authority or Township with security in the amount
of $500, or such other amount as the Municipal Authority or Township
may set from time to time by resolution, to guarantee that the dye
test will be performed. In addition, the applicant shall provide a
signed, written acknowledgement, in the form acceptable to the Municipal
Authority or Township, from the purchaser agreeing to correct, at
the purchaser's sole expense, any violations that may be discovered
as a result of subsequent dye tests. Nothing in this section shall
prohibit any purchaser from requiring the applicant to reimburse the
purchaser for any costs incurred; provided, however, primary liability
shall run with the land and no such agreement shall affect the municipality's
enforcement powers or excuse the purchaser from performance nor affect
the Township's enforcement of this Part.
B.
When an illegal storm, surface or subsurface 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 Municipal Authority
or Township Manager or designee for a temporary document of certification
which may only be issued when the applicant provides all of the following:
1) cash security in the amount of any estimated repair costs in a
form acceptable to the Township or Authority; and 2) an agreement
by the purchaser in a form acceptable to the Township or Authority
to be responsible for all cost over-runs related to the remedial work.
The Municipal Authority or Township may determine by regulation when
such temporary document of certification shall expire, at which time
the security shall be forfeited. Unless a different time is set by
regulation of the Municipal Authority or Township, a temporary certificate
shall expire 60 days after the date of issuance of the certificate.
C.
When lateral inspection cannot be performed due to weather conditions, or cannot be performed prior to a scheduled closing, or where a lateral fails testing and the necessary remedial activities would require a length of time such as to create a hardship for the applicant, the applicant may seek temporary approval under § 18-130, Subsection 1E, below.
[Ord. 559, 11/4/1998, § 5; as amended by Ord. 698,
5/10/2017]
Upon satisfaction meeting the conditions set forth herein, where
requested by a property owner or his agent, the Municipal Authority
or Township will issue a Municipal Authority or Township lien certificate
letter on five days' notice upon the payment of an expedition fee
equal to those expedited costs charged to the Municipal Authority
or Township by the dye testing or lateral inspection company that
will perform the testing or inspection.
[Ord. 559, 11/4/1998, § 6; as amended by Ord. 698,
5/10/2017]
1.
The Municipal Authority and Township are hereby empowered to make
reasonable rules and regulations for the operation and enforcement
of this Subpart 1C as it deems necessary, which shall include, but
not be limited to:
A.
Establishing acceptable forms of security or guarantees.
B.
Establishing the form of 1) application, 2) purchaser acknowledgements,
and 3) plumber certification.
C.
Limiting the times of the year in which temporary document of certification
is available for reasons of weather.
D.
Criteria for exemptions of this Subpart 1C.
2.
All rules and regulations issued pursuant to this section shall be
in writing and approved by the Municipal Authority or Township with
respect to the sanitary sewers they may each operate, and such approval
shall be recorded in the minutes of the Authority.
[Ord. 559, 11/4/1998, § 7]
The members of the Collier Township Municipal Authority may
change from time to time the fees set forth in this Part by resolution
of the members of the Municipal Authority, subject to the approval
of the Board of Commissioners of the Township of Collier.
[Ord. 559, 11/4/1998, § 8]
Nothing in this Part shall limit in any fashion whatsoever the
Township's right to enforce its ordinance or the laws of the Commonwealth.
Nothing in this Part shall be a defense to any citation issued by
a municipal corporation or the Commonwealth pursuant to any other
law or ordinance.
[Ord. 559, 11/4/1998, § 9; as amended by Ord. 652,
4/13/2011; and by Ord. 698, 5/10/2017]
Any person, firm, or corporation who shall violate any provision
of this Part, upon conviction thereof, 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 30
days. Each day that a violation of this Part continues shall constitute
a separate offense. Should the Municipal Authority or Township seek
to enforce this Part by litigation in the Court of Common Pleas because
of the refusal or failure of a property owner to correct and eliminate
a discovered unlawful or illegal sewer connection or to correct a
lateral that fails inspection, the property owner shall be responsible
for all legal fees and court costs incurred by the Municipal Authority
or the Township to enforce this Part.
[Ord. 698, 5/10/2017]
1.
The following minimum standards shall govern sewer lateral inspections
and replacement/repair:
A.
Testing Procedures.
(1)
The property owner shall submit an application form and make
payment of fees associated with the lateral testing at least 20 days
prior to the date of sale.
(2)
All testing shall be on a pass-fail basis. If the lateral fails,
then the entire lateral shall be replaced or relined in accordance
with the Allegheny County Plumbing Code. One spot repair of the lateral
pipe will be allowed only if the lateral pipe is composed entirely
of polyvinyl chloride (PVC) or Acrylonitrile Butadiene Styrene (ABS)
and there are no other structural defects observed during inspection.
B.
Lateral Testing.
(1)
All third-party registered plumbers must comply with the requirements
of this Subpart and any regulations adopted to implement this Subpart.
The plumber shall provide personnel certified through the NASSCO Lateral
Assessment and Certification Program and thoroughly knowledgeable
with the NASSCO Condition Grading System.
(2)
In an effort to lower the testing costs and maintain consistency
in testing results, the Municipal Authority or the Township may publically
bid an annual contract for the testing work through the competitive
bidding process or otherwise.
(3)
It is required that laterals be tested in the following manner:
(a)
A basic property inspection of roof leaders, driveway drains,
stairwell drains, sump pumps, and all other area drains. If the discharge
point of these drains is not evident, the plumber shall insert dye
into the suspected drain, roof leader or sump pump to determine the
ultimate discharge point. Should an illegal connection be confirmed,
the test shall be deemed as a fail, and the illegal connection(s)
must be removed and rerouted immediately.
(b)
Property sump pumps will be operated with dye-colored water
to verify discharge location. The test shall be considered a failure
if the water enters the sanitary sewer system, and the discharge pipe
must be removed and rerouted immediately.
(c)
A camera shall be inserted into the lateral through a cleanout,
inside floor drain, or excavation. The pipe shall be evaluated per
the NASSCO Condition Grading System. Any lateral that has a structural
defect rating of three or higher, shows signs of any infiltration,
or has roots present shall require complete replacement or rehabilitation.
Other deficiencies observed but not listed herein, as determined by
the Authority or Township and at their discretion, may constitute
a failure also.
(d)
If it is necessary to excavate an access point for the camera
insertion, a plumber chosen by the homeowner or applicant, and at
the homeowner's or applicant's expense, shall install a cleanout at
this location to facilitate future maintenance of the lateral. The
cleanout shall be provided with a cast-iron frame and cover in paved
areas and other areas subject to vehicular traffic.
(e)
The Authority and Township reserve the right to reject any tests
or test results which they determine to be inconclusive or inaccurate.
If this is the case, the Authority or Township may require further
testing at the property owner's expense.
(f)
Foundation drains connected into the sanitary sewer lateral
are illegal connections. The Authority and Township reserve the right
to require further testing if it is suspected that the building foundation
drain is connected to the sanitary sewer.
C.
Lateral Replacement/Rehabilitation.
(2)
The property owner is required to replace or reline the entire
lateral at his or her own expense. Work shall be in accordance with
the Allegheny County Plumbing Code regulations. Inspection of all
work shall be completed by Allegheny County and the Authority or Township.
Any fees pertaining to these inspections shall be the responsibility
of the property owner. The inspection must occur prior to backfilling
of the pipe trench.
(3)
All work must be completed within 60 days of notification of
failure unless otherwise extended by the Authority or Township.
(4)
Cured-in place liners must be televised after installation.
A copy of the post lining CCTV video shall be provided to the Authority
or Township for inspection.
D.
Lateral Testing Exemptions.
(1)
Laterals that are less than five years old; are constructed
of polyvinyl chloride (PVC), Acrylonitrile Butadiene Styrene (ABS),
or other approved materials; and were inspected by the Authority or
Township and Allegheny County are exempt from the lateral testing
requirements.
(2)
Properties that have passed lateral testing shall be exempt
from further camera testing for a period of five years. Lateral dye
tests are valid for a period of two years.
E.
Temporary Approval.
(1)
When testing cannot be performed due to weather conditions,
the property owner shall provide the Authority or Township with security
in the amount of $3,000 to guarantee that the appropriate test will
be performed. In addition, the property owner shall provide a signed
written acknowledgement from the purchaser of the property, agreeing
to correct, at the said purchaser's sole expense, any violations/defects
that may be discovered as the result of the lateral testing.
(2)
The lateral testing shall be performed as soon as possible at
such time weather conditions make testing possible.
(3)
In cases where it is determined by the Authority or Township
that lateral testing cannot be performed prior to a scheduled closing
between a purchaser and a seller, the purchaser may apply for temporary
approval, upon the written agreement, to escrow from the real estate
closing the sum of $3,000 in favor of the Authority or Township, which
funds are to be used to perform the required testing and, if necessary,
to correct any and all lateral testing failures found as a result
of inspection.
In the event there is a balance left in the escrow account after
the corrections have been completed, the same shall be refunded from
the escrow agent to the purchaser. In the event there is a shortage
of funds, the seller shall be required to make up the difference in
costs for said corrections. The Authority or Township may reject or
approve such an application as it deems necessary after a preliminary
visual investigation of the property in question.
(4)
When a lateral fails the testing and the necessary remedial
activities to correct said failures would require a length of time
such as to create a practical hardship for the applicant, the applicant
may apply to the Authority or Township for temporary approval, which
may only be issued when the applicant provides the Authority or Township
with all of the following:
(a)
A bona fide executed contract between the applicant and a registered
plumber to complete the necessary remedial work with the Authority
or Township listed therein as a third-party beneficiary;
(b)
Security in the amount of said contract as posted with the Authority
or Township;
(c)
An agreement by the purchaser to be responsible for all cost
over-runs related to the remedial work, together with a license to
the Authority or Township to enter upon the property to complete work
in case of default by the contractor. The Authority or Township shall
determine when such temporary approval shall expire, at which time
the security shall be forfeited. The Authority or Township shall use
the security to have the necessary remedial work completed.
