As used in this article, the following terms shall have the
meanings indicated:
CERTIFICATION DOCUMENT
An official written letter or statement for the Borough confirming
that it has on file a written report or statement from a licensed
plumber certifying there are no illegal stormwater or surface water
connections into the sanitary sewer system which would violate the
Borough or county ordinance, the state statutes, or Borough, county
or state plumbing regulations.
DYE TEST
Any commonly accepted plumbing test whereby dye is introduced
into the stormwater or surface water collection system of real property
to determine if any stormwater or surface water is entering the sanitary
sewer system.
ILLEGAL STORMWATER OR SURFACE WATER
The inflow, infiltration and/or discharge of stormwater,
surface water, basement seepage, downspouts, roof drainage, areaway
drainage, or non-sanitary-sewer discharge into the Borough's
sanitary sewer system.
[Amended 12-14-2016 by Ord. No. 951]
A. From and after the effective date of this article, it shall be unlawful
for any person to sell, convey, transfer, or purchase real property
located within the Borough on which a building or improvement exists
without first obtaining a certification document or temporary certification
document from the Borough as required under this article.
B. This article shall apply to any transfer of property, whether by
sale, gift, exchange, inheritance, bequest, or deed in lieu of mortgage
foreclosure, except that this article shall not apply where a joint
owner with right of survivorship or a tenant by the entireties acquires
full ownership of the property upon the death of the co-owner.
[Amended 12-14-2016 by Ord. No. 951]
Any person selling, conveying, transferring, or purchasing real
property located within the Borough (hereinafter "applicant") shall
apply for a certification document on a Borough-approved form at least
21 days prior to the date of closing and pay such fee as the Borough
establishes by resolution. Said applicant shall have a dye test performed
by a licensed plumber on the real property to be sold, conveyed, transferred,
or purchased. Upon completion of the dye test, the plumber shall supply
to the Borough a written confirmation that the necessary dye test
has been performed and certifying the results of such test. In the
event the said plumber certifies that no illegal stormwater or surface
water connections are on the property, the Borough Secretary or his
or her designated representative shall issue the certification document.
If the dye test reveals the existence of an illegal stormwater or
surface water connection, the Borough Secretary shall not issue the
certification document until the illegal connection has been removed
and certification of the correction has been provided by a licensed
plumber.
[Amended 12-14-2016 by Ord. No. 951]
A. In the event an illegal stormwater or surface water connection is
discovered and the necessary remedial correction could not be performed
by the applicant prior to the date of closing on the sale, conveyance,
transfer, or purchase of the property without creating an undue hardship,
the applicant may apply to the Borough Secretary for a temporary certification
document, provided there is strict compliance with the following conditions:
(1) The Borough Secretary or designee is provided with an executed contract
between the applicant and a licensed plumber that requires the plumber
to complete the necessary remedial work to correct and/or remove the
illegal stormwater or surface water;
(2) Cash security in the amount of 110% of the aforementioned contract
price is deposited with the Borough to be held by the Borough in a
non-interest-bearing account;
(3) A written acknowledgement and notarized agreement is provided to the Borough under which the seller, purchaser, grantee, transferee, or devisee agrees to be responsible for all cost overruns related to the remedial work, together with an agreement granting the Borough license to enter the property to complete the work at the expense and cost of the seller or purchaser should the agreement provided in Subsection
A(1) of this section not be completed.
B. The Borough Secretary or his or her designee shall determine the
expiration of the temporary certification document, taking into consideration
the extent of the work required and the conditions then existing.
If, upon expiration of the temporary certification document, all remedial
work has not been completed, the monies deposited with the Borough
shall be forfeited, and the Borough may use such security to have
the required remedial work completed. Any cost overrun exceeding the
cash security shall remain the liability of the seller, purchaser,
grantee, transferee, or devisee and constitute a lien against the
real estate.
The Borough may, by resolution, adopt any or all of the following
in order to accomplish the purposes of this article:
A. Establish the application form, the purchaser acknowledgement form,
the plumber's certification form, and the form of the certification
document and temporary certification document, and the fee for issuance
of the same.
B. Establish the procedures and guidelines for the retention, release, and/or payment of any security fund held by the Borough under §
152-30 above.
Whosoever violates any of the provisions of this article shall,
upon conviction thereof, be sentenced to pay a fine of no less than
$300 and no more than $1,000. The continuation of a violation shall,
for each day after notice, constitute a separate offense.