[Ord. 1049, passed 3-10-1991; Ord. 1291, passed 11-24-2003]
As used in this article, certain words and terms are defined
as follows:
An official statement from the McCandless Township Sanitary
Authority ("MTSA") stating that there are no illegal storm or surface
water connections into the sanitary sewer system on the specific property
which is being sold, transferred or assigned. This Document of Certification
shall be in effect for the life of the building for which it was obtained
and for so long as the property is again not sold, transferred or
assigned.
Any commonly accepted method of testing wherein dye and/or
smoke is introduced into the storm, surface or sub-surface water collection
system and downspout of real estate property to determine if any illegal
storm water or surface water is entering the sanitary sewer system.
The connection of any basement seepage, surface water, sub-surface
drains, downspouts, roof drainage or surface areaway drainage into
the sanitary sewer system.
A written letter from the proper official of the Town of
McCandless concerning municipal liens and property taxes.
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, Authority or other entity recognized by law as
the subject of rights and duties.
A temporary statement of certification from the proper officer of the McCandless Township Sanitary Authority ("MTSA"), issued pursuant to the terms of Section 915.04.
The municipal authority operating the Town's sanitary sewer
system and responsible for administration of the program of testing
and certification.
[Ord. 1291, passed 11-24-2003]
After the effective date of this section, it shall be unlawful
for any person to sell, transfer or assign any real estate within
the Town on which a building or improvement exists, without first
delivering to the purchaser, transferee or assignee, a Document of
Certification or a Temporary Document of Certification from the proper
officers of the McCandless Township Sanitary Authority.
[Ord. 1291, passed 11-24-2003]
(a)
Any person selling, transferring or assigning real estate located
within the Town (hereinafter applicant) shall make application on
a form furnished by The McCandless Township Sanitary Authority ("MTSA")
at least 14 days before the date of sale, transfer or assignment.
The MTSA or a plumber designated by MTSA who is registered and licensed
by the Allegheny County Health Department shall perform a dye test
on the property to be sold, transferred or assigned within 14 days
of the date of the application. The plumber shall complete the appropriate
portions on the form that the property has been dye tested, and certify
the results of such test. In the event that there are no illegal storm
or surface water connections, the MTSA shall issue a Document of Certification
upon the payment of an amount to be set by resolution of the Board
of Directors of MTSA. When an illegal storm or surface connection
is discovered by the means of the above-mentioned testing, no Document
of Certification will be issued until the illegal connections are
removed, inspected and approved by the MTSA.
(b)
A sanitary sewer dye test of the McCandless Township Sanitary Authority may be substituted for that required under this Section 915.03 when the property has been dye tested under the MTSA Comprehensive Sewer Inspection Program within 18 months of the date of such a test conducted by the MTSA.
(c)
The MTSA shall maintain a list of plumbers who are registered and
licensed by the Allegheny County Health Department who shall perform
the dye tests authorized herein at the request of MTSA at the fees
set by resolution of the MTSA.
[Ord. 1291, passed 11-24-2003]
A Temporary Document of Certification may be issued at The McCandless
Township Sanitary Authority's (MTSA's) sole discretion only under
the following circumstances:
(a)
When such testing cannot be performed because of weather conditions,
the applicant shall provide the McCandless Township Sanitary Authority
with security in accordance with the fee schedule to be approved by
the Board of Directors of MTSA to guarantee that the appropriate test
will be performed. The applicant shall cause to have performed the
appropriate test at such time as weather conditions make such testing
possible. In addition, the applicant shall provide a signed written
acknowledgment from the applicant and the purchaser, transferee or
assignee of the real estate, agreeing to correct, at the sole expense
of the applicant and/or the purchaser, transferee or assignee any
violations that may be discovered as the result of subsequent tests.
Nothing in this subsection shall prohibit any purchaser, transferee
or assignee from requiring the applicant to reimburse the purchaser,
transferee or assignee for any costs incurred, provided, nevertheless,
that primary liability shall run with the land and no such agreement
shall affect the Town's or MTSA's enforcement powers or excuse the
current owner from performance.
(b)
When illegal storm water or surface water connections have been 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 MTSA for a Temporary
Document of Certification which may only be issued when the applicant
provides the MTSA with all of the following:
(1)
Cash security in the amount of the contract for the completion
of the necessary remedial work is posted with the MTSA; and
(2)
An agreement by the purchaser, transferee or assignee to be
responsible for all cost overruns related to the remedial work, together
with a license to the MTSA to enter upon the property to complete
such work in case of default by the contractor. The MTSA shall determine,
by regulation, when such Temporary Document of Certification shall
expire, at which time the security shall be forfeited, and the MTSA
may use the security to have the necessary remedial work completed.
[Ord. 1049, passed 3-10-1991; Ord. 1291, passed 11-24-2003]
The McCandless Township Sanitary Authority is hereby authorized,
empowered and directed to make rules and regulations for the operation
and enforcement of this Article as it deems necessary, which shall
include, but not be limited to:
(a)
Establishing acceptable forms of security or guarantees;
(b)
Establishing the forms of application, fees and purchaser acknowledgments;
(c)
Limiting the times of year in which Temporary Documents of Certification
are available for reasons of weather;
(d)
Setting standards for dye and/or smoke tests to be administered by
registered plumbers prior to issuance of Documents of Certification.
(e)
Such other rules and regulations as are necessary for the operation
and enforcement of this article.
[Ord. 1049, passed 3-10-1991]
Nothing in this article shall limit, in any fashion whatsoever,
the Town's right to enforce its ordinances or the laws of the Commonwealth
of Pennsylvania. 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.
[Ord. 1049, passed 3-10-1991]
The provisions of this article are severable, and if any section,
sentence, clause or phrase shall be held by a court of competent jurisdiction
to be illegal, invalid or unconstitutional, the remaining portions
of this article shall not be affected or impaired thereby.
[Ord. 1291, passed 11-24-2003]
The provisions of this article providing for dye testing and
issuance of Documents of Certification shall be modified to the extent
required by any mandates of the Commonwealth of Pennsylvania or of
Allegheny County relating to such programs of testing and compliance.
[Ord. 1049, passed 3-10-1991; Ord. 1291, passed 11-24-2003]
(a)
Whoever fails, neglects or refuses to comply with any of the terms
or provisions of this article, or of any regulation or requirement
pursuant thereto and authorized thereby shall, upon conviction before
any issuing authority, be sentenced to pay a fine of $600 and costs
of prosecution, and in default of payment thereof, to imprisonment
for a term not to exceed 90 days.
(b)
Each day that the violation continues after the expiration of the
appropriate period of notice shall constitute a separate offense.
