A document of certification shall be valid for a period of one
year from the date of issuance. Real estate may be sold during the
one-year effective life of such document without further testing or
certification.
A document of certification shall not be required in the following
instances:
A. When property is refinanced but no conveyance takes place.
B. Individual apartment-type units within a single condominium building
may be sold without individual certification provided that the building
in which the units are located has been certified no longer than one
year previous to the date of the sale of the individual condominium
unit.
C. When the real estate is such that tap-in to the sanitary sewer system
is not required by law or ordinance.
A temporary document of certification may be issued by the Authority
at its sole discretion when either:
A. The applicant proves that weather conditions or other circumstances
would pose an undue hardship. In that event, the applicant shall provide
a signed, written acknowledgement from the purchaser agreeing to correct,
at purchaser's sole cost and expense, any violations that may be discovered
as a result of subsequent tests. Nothing in this subsection shall
prohibit any purchaser from requiring the applicant to reimburse purchaser
for any costs incurred; provided, however, that primary liability
shall run with the land and no such agreement shall affect Authority's
enforcement powers or excuse the current owner from compliance with
this part; or
B. When an illegal storm- or surface 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, applicant may apply to the Authority for a temporary
document of certification which may only be issued when the applicant
provides the Authority with all of the following:
(1) A bona fide, executed contract between the applicant and a contractor
to complete the necessary remedial work with the Authority listed
herein as a third-party beneficiary; and
(2) Cash security in the amount of said contract is posted with the Authority;
and
(3) A written agreement by the purchaser to be responsible for all cost
over-runs and extras related to the remedial work together with a
written license to enter upon the property to complete work in case
of default of the contractor referred to above. The Authority's Manager
or other individual authorized by the Authority's Board of Directors
shall determine when such temporary document of certification shall
expire. Upon expiration, the security shall be forfeited and the Authority
may use the security to have the necessary remedial work completed.
The Authority is hereby empowered to undertake the duties imposed
by this article, including but not limited to:
A. Establishing acceptable forms of security or guarantees.
B. Establishing the form of:
(2) Purchaser's acknowledgements; and
(3) Inspector certifications.
The Authority may, by resolution, change from time to time the
fees authorized in this article.
Nothing in this article shall limit in any fashion whatsoever
the Authority's or Township'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.