[Ord. 356, 11/22/2004, § 1]
APPLICANT
A person applying for a certificate of compliance or temporary
certificate of compliance.
DYE TEST
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.
IMPROVED AND SEWERED REAL PROPERTY
Real property 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.
ORDINANCE COMPLIANCE OFFICER
The Township authorized representative appointed by the Board
of Supervisors, from time to time, whose duty it shall be to administer
this Part unless such duty is expressly conferred by this Part upon
another Township official or entity. Unless the Board of Supervisors
by resolution provides otherwise, the Township Secretary/Treasurer
and Zoning Officer shall be designated as Ordinance Compliance Officers
under this Part.
PERSON
Ay natural person, association, partnership, corporation,
syndicate, institution, agency, authority, or other entity recognized
by law as the subject of rights and duties.
SANITARY SEWER SYSTEM
The sanitary sewer lines and related facilities maintained
and operated by the Township.
SELL or TRANSFER
The sale, transfer, or assignment of any interest in real
property; provided, however, that a refinancing of real property,
without a conveyance, is not a sale or transfer under this Part.
SURFACE STORMWATER
Surface water and ground water, including, but not limited
to, roof and driveway drainage, basement seepage, and surface and
areaway drainage.
[Ord. 356, 11/22/2004, § 2]
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.
[Ord. 356, 11/22/2004, § 3]
Persons owning property within the Township are required to
maintain all private sanitary sewer laterals and sanitary sewer service
connections in good repair.
[Ord. 356, 11/22/2004, § 4]
The Ordinance Compliance Officer is authorized to initiate dye
testing or other testing or inspection within the Township for purposes
of discovering or locating the inflow of surface stormwater to the
sanitary sewer system. The Ordinance Compliance Officer is authorized
to retain the services of a qualified contractor to perform the dye
testing or other testing or inspection. Persons owning property within
the Township are required to grant access to the Ordinance Compliance
Officer and/or the dye testing contractor and to permit dye testing
or other testing or inspection. It is unlawful for any person to refuse
access to property for purposes of dye testing or other testing or
inspection.
[Ord. 356, 11/22/2004, § 5]
In the event the Ordinance Compliance Officer identifies any
illegal connections or leaking, deteriorating or poorly constructed
private sanitary sewer lateral and/or sanitary sewer service connections,
the Ordinance Compliance Officer shall give written notice of same
to the property owner that such illegal connections be eliminated
and/or service connections be, at the property owner's expense,
repaired, replaced, or rehabilitated within 30 days of the date of
the notice. If the condition does not create a health hazard, the
Ordinance Compliance Officer, upon request of the property owner,
may extend the deadline to 60 days from the date of the notice.
[Ord. 356, 11/22/2004, § 6]
It shall be unlawful for any person to sell or transfer improved
and sewered real property located within the 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.
[Ord. 356, 11/22/2004, § 7]
1. At least 21 days prior to the date of closing or transfer of any improved real property located within the Township, the seller or transferor or its agent shall submit to the Ordinance Compliance Officer an application for certificate of compliance, completed as required by §
18-608, Subsection
2, below. The certificate of compliance form shall be available upon request from the Township Zoning Officer. The fee for filing the completed application for certificate of compliance shall be established by the Township Board of Supervisors from time to time by resolution.
2. Prior to the sale or transfer of any improved real property located
within the Township, the seller or transferor shall have a dye test
of the property performed by a plumber licensed by the Allegheny County
Health Department to perform such tests or by such other person designated
or approved by the Township. Upon completion of the dye test, the
person who performed the test shall complete the appropriate section
of the application for certificate of compliance, confirming that
the property has been dye tested and certifying the results of the
test.
[Ord. 356, 11/22/2004, § 8]
1. If the application for certificate of compliance, properly completed
and filed with the Ordinance Compliance Officer with the designated
filing fee, indicates that there are no connections of surface stormwater
to the sanitary sewer system, then the Ordinance Compliance Officer
shall issue the certificate of compliance within 10 days of application
therefore.
2. If the dye test reveals the existence of one or more surface stormwater
connections to the sanitary sewer system, the Ordinance Compliance
Officer shall not issue the certificate of compliance until the connections
have been removed and a plumber licensed by the Allegheny County Health
Department or other person approved by the Township to do so has certified
that there is no connection of surface stormwater to the sanitary
sewer system from the property to be sold or transferred.
[Ord. 356, 11/22/2004, § 9]
1. When a surface stormwater connection to the sanitary sewer system
is discovered and the necessary work to remove the connection would
require a length of time such as to create a hardship for the seller
or applicant, the seller or applicant may apply to the Ordinance Compliance
Officer for a Temporary Certificate of Compliance. The seller or applicant
must submit the following with the properly completed application:
A. A bona fide executed contract with a plumber registered and licensed
by the Allegheny County Health Department requiring the plumber to
complete the remedial work necessary to the removal of the connections
of surface stormwater to the sanitary sewer system and granting the
Township the right and power to enforce the contract.
B. Cash security in an amount equal to 110% of the contract described in Subsection
1A, above.
C. The agreement of the purchaser or transferee to be responsible for
all cost overruns related to the remedial work, together with a license
from the purchaser or transferee to the Township, its agents, contractors,
and employees, to enter upon the property to complete the remedial
work in case of default by the contractor or the applicant.
D. The filing fee established by the Township Board of Supervisors from
time to time by resolution.
2. When dye testing cannot be performed because of weather conditions,
the seller or applicant may apply to the Ordinance Compliance Officer
for a temporary certificate of compliance. The seller or applicant
must submit the following with the properly completed application:
A. Cash security in the amount of $1,000.
B. The written, signed agreement of the purchaser or transferee to correct,
at the purchaser's or transferee's sole expense, any surface
stormwater connections to the sanitary sewer system disclosed by the
subsequent dye test, together with a license from the purchaser or
transferee to the Township, its agents, contractors, and employees,
to enter upon the property to conduct the dye testing should the applicant
fail to do so. Nothing in this paragraph shall prohibit any purchaser
or transferee from requiring the applicant to reimburse the purchaser
or transferee for any costs incurred in connection with such remedial
work; provided, however, that primary responsibility for the remedial
work and all costs thereof shall run with the land, and no such agreement
shall affect the Township's enforcement powers or excuse the
current owner of the property from performance.
C. The filing fee established by the Township Board of Supervisors from
time to time by resolution.
3. The Ordinance Compliance Officer may reject the application for temporary
certificate of compliance whenever, in his or her sole judgment, the
conditions defined by this section do not exist or the submissions
required by this section have not been made.
4. The temporary certificate of compliance shall be effective for 60 days, and the expiration date of the temporary certificate of compliance shall be noted on the certificate. If, upon the expiration of the temporary certificate of compliance, the seller or applicant has not applied for and received a certificate of compliance, as provided for in §§
18-607 and
18-608 of this Part, the cash security shall be forfeited, and the Township may use the funds to complete the remedial work for the dye testing.
5. The application for temporary certificate of compliance form shall
be available upon request from the Township Zoning Officer.
[Ord. 356, 11/22/2004, § 10]
A request to the Township for a municipal lien letter or tax
verification letter must be accompanied by a valid certificate of
compliance or temporary certificate of compliance and by the appropriate
fee, which shall be established by the Township Board of Supervisors
from time to time by resolution. The Township shall issue the municipal
lien letter or tax verification letter within seven days of receipt
of the appropriately documented request and the applicable fee.
[Ord. 356, 11/22/2004, § 11]
A certificate of compliance issued under this Part shall be
valid for a period of one year from the date of issuance.
[Ord. 356, 11/22/2004, § 12]
The Ordinance Compliance Officer is hereby empowered to make
reasonable rules and regulations for the operation and enforcement
of this Part, 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.
[Ord. 356, 11/22/2004, § 13]
Nothing in this Part shall limit in any fashion whatsoever the
Township's right to enforce its ordinances or the laws of the
commonwealth. Nothing in this Part shall be a defense to any citation
issued by any municipal corporation or the commonwealth pursuant to
any other law or ordinance.
[Ord. 356, 11/22/2004, § 14; as amended by A.O.]
Any person who shall fail, neglect or refuse to comply with
any of the terms or provisions of this Part, 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 Part continues or each section of this Part
which shall be found to have been violated shall constitute a separate
offense. In addition to and not in lieu of the foregoing, the Township
may seek equitable relief to compel compliance with this Part.