[Ord. No. 1185, 1/21/2019]
The purpose and intent of this Part is to provide for the operation
and maintenance of the Borough's sanitary sewer system in a reliable
and serviceable condition, to eliminate or minimize sewage overflows
by eliminating or minimizing stoppages or blockages and to reduce
sources of infiltration and inflow into the Borough's sanitary sewer
system so as to comply with all applicable legal requirements pertaining
to that system.
[Ord. No. 1185, 1/21/2019]
As used in this Part, the following terms shall have the meanings
indicated:
The extension of the sanitary sewer system from the sewer
drainage system of any structure to the lateral of a sanitary sewer.
A certificate from the Public Works Inspector or his or her designee certifying that the building sewer or sewer lateral on a property offered for sale or transfer conforms to the requirements set forth in Chapter 18 of the Borough of Emmaus Consolidated Code of Ordinances.
Direct relatives, limited to include mother, father, son,
daughter, brother, sister, step-parents, step-children and spouses.
The flow or seepage of stormwater or groundwater into the
building sewer or sewer lateral, sometimes referred to as "I&I."
Any real property that is located within the corporate limits
of the Borough of Emmaus and connects, or is connected, to the Borough's
sanitary sewer system.
The Borough of Emmaus Public Works Inspector or his or her
designee.
The conveyance of an interest in property which results in
a change in the title to that property. A sale shall be deemed to
occur upon the execution of an agreement of sale.
That part of the sanitary sewer system extending from a structure
on the property to the curbline or, if there is no curbline, to the
property line.
The conveyance of an interest in property which results in
a change in the occupancy of that property. A transfer shall be deemed
to occur upon the execution of a lease, or in the absence of a written
lease or other agreement for occupancy, the effective date of the
oral lease or other agreement.
[Ord. No. 1185, 1/21/2019]
1.
It shall be unlawful for any owner of property connected, or to be
connected, to the Borough's sanitary sewer system to fail to perform
required testing or to construct, operate or maintain a building sewer
or sewer lateral in a defective condition. As used in this Part, "defective
condition" includes, but is not limited to:
A.
Displaced joints;
B.
Root obstruction;
C.
Substantial deterioration;
D.
Damaged or missing cleanout;
E.
Damaged or missing backwater overflow prevention device required
pursuant to 2015 IPC Section 715.1 of the Borough Code;
F.
Any condition which will allow infiltration and inflow of extraneous
water or exfiltration of sewage;
G.
Any condition that materially increases the possibility of a blockage
or overflow;
H.
Constructed without a proper permit or with materials not approved
by the Borough;
I.
Lack of a manufactured connection to the Borough's sewer system;
J.
Otherwise in violation of Borough requirements; or
K.
In such a condition that the tests required by this Part cannot be
accomplished to the satisfaction of the Borough.
[Ord. No. 1185, 1/21/2019]
1.
Testing of New Building or Sewers or Sewer Laterals. All new building
sewers and sewer laterals shall be tested by air, water or video inspection
method. The method used shall be at the discretion of the Borough.
The test shall encompass the full length of the building sewer or
sewer lateral and shall conform to all testing requirements established
or utilized by the Borough in its discretion. All testing required
hereunder shall be performed by or on behalf of the property owner(s)
at his or her expense.
2.
Testing of Existing Building Sewers and Sewer Laterals.
A.
Conditions Requiring Cleaning and Testing of Building Sewers or Sewer
Laterals. All building sewers or sewer laterals, including but not
limited to those serving residential, multiple residential, industrial
and commercial properties connected to the Borough's sanitary sewer
system, shall be cleaned and tested, at the property owner's expense,
when any of the following events occur in the opinion of the Public
Works Inspector:
(1)
The installation of additional plumbing facilities that produces
a significant increase in sewage flow from the property.
(2)
A change of use of the property that produces a significant
increase in sewage flow from the property served.
(3)
Subsequent to a sale or transfer of the property and prior to the passage of title or occupancy, except that a conveyance without full consideration of ownership between family members does not require testing. A formal written waiver of the requirements of this Subsection 2A(3) may be obtained from the Borough of Emmaus Public Works Inspector if the property owner can prove to the satisfaction of the Borough that an approved inspection was conducted within the previous two years of the property transfer.
(4)
Upon repair or replacement of all or part of the building sewer
or sewer lateral.
(5)
Upon a determination that the cleaning, testing, repair or replacement
is required for the protection of the public health, safety, and welfare.
B.
Exemptions and Waivers. The testing provisions of this Part shall
not apply to:
(1)
A sale or transfer occurring prior to the effective date of
this Part;
(2)
A sale or transfer occurring within 10 years of the completion
of construction, or complete replacement, of a building sewer and
sewer lateral, provided that the property owner shall prove entitlement
to the exemption to the satisfaction of the Public Works Inspector;
(3)
The sale or transfer of property to a buyer or transferee who
at the time thereof had been actually and continuously residing at
the property with the seller or transferor for a period of not less
than one year; provided that the property owner shall prove entitlement
to the exemption to the satisfaction of the Public Works Inspector;
(4)
A sale or transfer between family members where an inspection
was performed and approved within two years of the sale or transfer;
provided that the property owner shall prove entitlement to the exemption
to the satisfaction of the Public Works Inspector; and
(5)
A sale or transfer between a property owner and a trust or other
similar instrument; provided that there is no change in the occupancy
of the property and provided that the property owner shall prove entitlement
to the exemption to the satisfaction of the Public Works Inspector.
C.
The availability of an exemption or a waiver hereunder shall not
relieve the property owner from compliance with all of the remaining
requirements of this Part.
[Ord. No. 1185, 1/21/2019]
1.
The owner or an agent of the owner of a property shall notify the
Borough at least 24 hours prior to testing so that the Borough may
witness the same. A failure to provide notice hereunder shall render
the testing void at the option of the Public Works Inspector, who
may order a retest at the property owner's expense.
2.
All building sewers or sewer laterals shall be tested by television
video inspection method in accordance with all requirements imposed
by the Borough. When cleaning and testing of a building sewer or sewer
lateral is required hereunder, the building sewer or sewer lateral
shall first be cleaned and then tested using an internal video inspection
for the full length of the building sewer or sewer lateral. The internal
video inspection shall be completed by a person or firm competent
by experience to perform the work. Video recordings of the inspection
shall be submitted to the Borough for verification of the condition
of the building sewer or sewer lateral.
3.
A building sewer or sewer lateral will comply with the provisions
of this Part if video inspection verifies all of the following conditions:
A.
The building sewer or sewer lateral is free of roots, grease deposits,
and other solids which may impede or obstruct or may impede or obstruct
in whole or in part the transmission of sewage.
B.
There are no illicit or illegal connections to the building sewer
or sewer lateral such as roof or yard drainage facilities.
C.
All joints in the building sewer or sewer lateral are tight and sound
to prevent the exfiltration of sewage and the infiltration of groundwater.
D.
The building sewer or sewer lateral is free of structural defects,
cracks, breaks, or missing portions and the grade is reasonably uniform
without major sags or offsets.
E.
The building sewer or sewer lateral is equipped with at least one
cleanout located within five feet of the building. If a cleanout does
not exist, the owner will be required to place a cleanout in if other
repairs are required, however, if it is determined that a cleanout
is the sole repair required, it shall not be mandatory to install
a cleanout.
4.
A video inspection shall be valid for a period of two years from
the date of the video.
[Ord. No. 1185, 1/21/2019]
If weather or other conditions beyond the control of the property
owner prevent required repairs from being performed prior to the transfer
of title following a sale of property or at the time of occupancy
under an agreement, whether oral or written, to transfer the property,
a sum sufficient to pay for such repairs as determined by the Public
Works Inspector shall be paid to the Borough, along with all applicable
fees, and a compliance certificate shall then be issued. If the proceeds
of the completed sale or transfer are needed to make the required
repair(s), a compliance certificate may be obtained within seven days
after the transfer of title or occupancy under an agreement to transfer,
provided that funds have been escrowed in an amount sufficient to
make the required repairs. Escrowed funds shall be used to make and
complete the required repairs and approve the same, all within 30
days of the date of the transfer of title in the case of a sale or
occupancy under an agreement to transfer.
[Ord. No. 1185, 1/21/2019]
1.
A compliance certificate may be issued:
A.
Immediately after inspection if no repairs are required;
B.
When the required repairs have been made, approved and all applicable
fees paid;
C.
Upon payment to the Borough of an amount of money equal to the Public
Works Inspector's good faith estimate of repair costs and inspection
fees; or
D.
If the proceeds of the sale or transfer are needed for the repair,
within seven days after finalization or closing of the sale or occupancy
under a lease or other agreement to transfer the property, provided
the required funds have been placed into escrow for purposes of building
sewers or sewer lateral repair or replacement.
[Ord. No. 1185, 1/21/2019]
The property owner may select a qualified inspector to perform
the inspection work. The inspector must be a licensed contractor in
good standing in the Commonwealth of Pennsylvania experienced in sanitary
sewer construction and testing. The property owner may also authorize
the Borough to perform the inspection work. In such instance, the
property owner shall pay a fee, as set forth in the Borough's fee
schedule, as may be adopted by resolution from time to time. If the
Borough solicits proposals for inspection services, the property owner
may select, at its own discretion, the selected inspector and pay
the fee as agreed upon by the Borough. In all cases, inspection results
shall be submitted to the Borough for review and approval or determination
of required remedial mitigation.
[Ord. No. 1185, 1/21/2019]
When an existing building sewer or sewer lateral fails to meet
the conditions required by this Part, the property owner shall make
all repairs necessary to bring the building sewer or sewer lateral
into compliance with this Part, or replace the building sewer or sewer
lateral in accordance with all Borough requirements. All costs of
repair or replacement of the building sewer or sewer lateral shall
be borne by the property owner.
[Ord. No. 1185, 1/21/2019]
The Borough shall review the final, submitted video for compliance
with this Part. When all conditions are met to the satisfaction of
the Borough, the building sewer or sewer lateral shall be certified
as complying with the provisions of this Part and the Borough Code.
The Borough shall thereupon issue a Certificate of Compliance to the
property owner, noting that the building sewer or sewer lateral serving
the property is properly equipped, structurally sound, meets the service
conditions of the Borough of Emmaus and will not require testing for
a two-year period from the date of issuance unless the Borough has
reason to believe the building sewer or sewer lateral may have become
defective since issuance of the Certificate of Compliance.
[Ord. No. 1185, 1/21/2019]
The repairs or replacement of building sewers or sewer laterals
that result from the testing required as result of the sale or transfer
of property shall be completed prior to the sale or transfer. For
property sold or transferred with escrowed funds for required repairs,
such work shall be completed within 180 days after the sale or transfer.
[Ord. No. 1185, 1/21/2019]
1.
In the event that the property owner establishes to the satisfaction
of the Borough that the required repair or replacement of a building
sewer or sewer lateral will result in undue hardship inconsistent
with the purpose or intent of this Part, a request for hardship status
may be submitted to the Borough Manager for review and consideration
by Borough Council. Grounds for granting a hardship deferral shall
include:
A.
Severe illness or incapacitation of the property owner;
B.
The immediate transfer or removal of the property owner from the
state, thereby making the hiring of a contractor to repair or replace
the building sewer or sewer lateral impractical or overly burdensome;
and
C.
Any physical or financial situation that would render compliance
with the time limits for the repair or replacement of building sewer
or sewer lateral extraordinarily difficult or impractical.
2.
A property owner to whom a hardship deferral is granted shall be
given written notice thereof. Said notice shall inform the property
owner that the building sewer or sewer lateral repair or replacement
requirement is deferred for a period of up to 180 days after the date
on which the repairs were otherwise required or for such other definitive
period in excess of 180 days as shall be determined by Borough Council.
[Ord. No. 1185, 1/21/2019]
In the event of a failure to comply with this Part within the
required, the Borough may bring an enforcement action and exercise
other remedies as provided by Borough Code, the Commonwealth of Pennsylvania
and all applicable laws, against the property owner and any other
responsible party. In addition hereto, any property owner who fails
to fully comply with this Part shall be responsible for all damages
that arise from or relate to such failure. For purposes of this section,
"damages" include all compensatory damages, fines, penalties, assessments,
reasonable attorney and consulting fees incurred by the Borough and
other monetary exactions that may be awarded to, levied, or assessed
by any person, firm, corporation, company, or public entity.
[Ord. No. 1185, 1/21/2019]
A property owner may request an extension of time for repairs
or replacements that are required as a result of testing. Extension
requests shall be in writing and must include the name and contact
information of the party responsible for accomplishing the repair
or replacement of the building sewer or sewer lateral. The Public
Works Inspector shall review the request and may grant a time extension
up to, but no more than, 180 days.
[Ord. No. 1185, 1/21/2019]
The homeowners' associations of a common interest development
shall provide video inspection verification of all privately owned
building sewers and sewer laterals within the common interest areas
at least once every 10 years for duties and obligations imposed by
this Part in relation to any building sewer or sewer lateral located
within a common area of the development. If no homeowners' association
exists, then the individual unit owners shall be jointly and severally
liable for the duties and obligations with respect to the building
sewers and sewer laterals as required by this Part.
[Ord. No. 1185, 1/21/2019]
Any property owner or other person subject to this Part who
violates or permits a violation of this Part shall, upon being found
guilty in a summary criminal proceeding before a Magisterial District
Judge, pay the Borough of Emmaus a fine of at least $500, not to exceed
$1,000, plus all court costs and reasonable attorney's fees incurred
by the Borough of Emmaus on account of such violation. Each day that
a violation continues shall constitute a separate violation hereof.
Further, the appropriate officers or agents of the Borough of Emmaus
are hereby authorized to issue a cease-and-desist order and/or to
seek equitable relief, including injunctions, to enforce compliance
herewith in which case the Borough shall be entitled to recover in
addition to any penalties or other relief its reasonable attorney's
and engineering fees, expert fees and court costs. If the property
owner or other person subject to this Part fails to remedy a violation
causing immediate public harm after receiving due notice, the Borough,
its employees, and/or contractors are authorized to enter the property
and perform all work necessary to remedy such condition and the property
owner or such other person subject to this Part shall pay all costs
and expenses incurred by the Borough within 30 days of receipt of
an invoice for the work. A failure to pay hereunder may result in
the filing of a municipal lien against the property or the initiation
of other legal remedies.
