[Adopted 12-10-2018 by Ord. No. 782]
As used in this Part, the following terms shall have the meanings
indicated:
An official statement provided by Derry Borough or its authorized
agent certifying that a private sewer lateral has been inspected in
accordance with this Part and is not a line in disrepair, as defined
herein.
The entry by any means of surface or subsurface water other
than sanitary sewage into the sanitary sewer system.
The inspection and testing of private sewer laterals by means
of pressure testing or televising.
PRESSURE TESTINGAn air test of the lines at a pressure of five psi for 15 minutes without any loss of pressure, or a hydrostatic test when no water is lost from a filled service lateral subjected to a minimum of 10 feet of water head for 15 minutes.
TELEVISINGThe visual inspection of sewer lines using electronic video equipment such as closed circuit television while flooding the trench along the lateral.
Any portion of the sanitary sewer system or a private sewer
lateral that is leaking or structurally defective and allows the inflow
and infiltration of any surface or subsurface water other than sanitary
sewage into the sanitary sewer system.
An official statement provided by the Borough of Derry certifying
that the Borough does not have any municipal or tax liens recorded
against certain real property that is to be sold or transferred.
Any person or entity having an ownership interest in real
property located in the Borough of Derry that is served by a private
sewer lateral connected to the sanitary sewer system that requests
a document of certification in relation to the sale or transfer of
real property.
Any privately owned sewer line connecting real property to
the public sanitary sewer system.
Any person or entity that has purchased or acquired or that
has entered into an agreement to purchase or acquire an ownership
interest in real property located in Derry Borough that is served
by a private sewer lateral connected to the sanitary sewer system
and that is required to obtain a document of certification in relation
to the sale or transfer of the real property.
All repairs and/or replacements of private sewer laterals
necessary to remedy leaks or structural defects that allow inflow
and infiltration of any surface or subsurface water other than sanitary
sewage into the sanitary sewer system.
The sale or transfer of any ownership interest in real property
located in the Borough of Derry that is served by a private sewer
lateral connected to the sanitary sewer system.
Normal water-carried household and toilet wastes that originate
from the sanitary conveniences of a dwelling, business, building,
factory or institution, exclusive of any other surface or subsurface
water, such as storm- or groundwater.
All sanitary sewer lines, facilities and appurtenances necessary
for the collection, conveyance and treatment of sanitary sewage.
An official statement provided by the Borough of Derry or
its authorized agent certifying that certain requirements of this
Part are temporarily waived to avoid undue delay of the sale or transfer
of real property due to the existence of conditions that make it burdensome
or impractical for an owner-applicant to timely comply with this Part.
A temporary document of certification shall be valid for 180 days
from its date of issuance.
A.
No sale or transfer of real property located in the Borough of Derry
and having a private sewer lateral connected to the sanitary sewer
system shall occur unless a document of certification or a temporary
document of certification is first obtained in accordance with this
Part.
B.
Any owner initiating the sale or transfer of real property located
within the Borough of Derry shall make application on a form provided
by the Borough for a document of certification. The application for
a document of certification shall be submitted to the Borough at least
30 days prior to any sale or transfer of real property, shall be in
writing, and shall include the written consent of the owner-applicant
for the Borough or its authorized agent to conduct the required inspection
and testing.
C.
Within 30 days of receipt of a valid application for a document of
certification the Borough or its authorized agent shall conduct the
inspection and testing of private sewer laterals to identify lines
in disrepair.
D.
All fees pertaining to inspection and testing shall be the responsibility
of the owner-applicant and shall be paid in advance.
E.
If the private sewer lateral passes the inspection and testing process
and is not identified as a line in disrepair the Borough or its authorized
agent shall issue a document of certification.
F.
If conditions exist that render it burdensome or impractical for an owner-applicant to provide timely compliance with this Part, then a temporary document of certification may be issued in accordance with § 340-49 of this Part.
G.
Where this Part is silent or ambiguous the Council of the Borough
of Derry reserves the right to make the final determination regarding
the issuance of a document of certification.
A.
If the Borough or its authorized agent determines through inspection
and testing that a private sewer lateral is a line in disrepair, no
document of certification may be issued until the line is repaired
in accordance with this Part.
B.
It is the responsibility of the owner-applicant at his/her own expense
to undertake the necessary repairs to comply with this Part.
C.
After all repairs have been made the owner-applicant shall contact
the Borough or its authorized agent to request reinspection and testing
at the owner's expense.
D.
If during inspection and testing a leak or structural defect is found
in a portion of the sanitary sewer system that is not owned by the
applicant the required repairs shall be the responsibility of the
entity or individual owning or in charge of the portion of line in
disrepair at no expense or undue delay to the said applicant.
E.
If an owner-applicant does not agree with the findings of the Borough
or its authorized agent with regard to the inspection and testing
of a private sewer lateral, the owner-applicant may request that the
findings be reviewed by the Council of the Borough of Derry. The sole
grounds for the review of a failed inspection and testing shall be
whether the findings of the inspection and testing are appropriate
and whether the amount and type of work ordered to be completed is
appropriate. The Borough Council may allow the owner-applicant at
his/her expense to engage a licensed and registered plumber to conduct
the required inspection and testing and provide a second opinion for
consideration.
A.
If conditions exist that render it burdensome or impractical for
an owner-applicant to timely comply with this Part prior to the sale
or transfer of real property, then a temporary document of certification
may be issued by the Borough or its authorized agent and the requirements
of this Part shall be temporarily waived to avoid undue delay of the
sale or transfer of real property. Such conditions may include, but
not be limited to, inclement weather or the availability of personnel
to conduct inspections and testing.
B.
A temporary document of certification shall be valid for 180 days
from its date of issuance and the owner-applicant and/or purchaser
of real property must perform the necessary repairs to obtain a document
of certification prior to the expiration of the temporary document
of certification to avoid penalties under this Part.
C.
Prior to the issuance of a temporary document of certification the
owner-applicant or purchaser of real property must submit a repair
estimate generated by a qualified contractor and must deposit with
the Borough 110% of the repair price to be held in escrow as a guarantee
that the necessary repairs to obtain a document of certification will
be performed. The deposit shall be returned in full upon the owner-applicant
obtaining a document of certification, minus any fees or charges for
inspection and testing.
D.
Prior to the issuance of a temporary document of certification the
owner-applicant and purchaser of real property must submit to the
Borough a duly signed and authorized license granting the Borough,
its agent, or any third party the Borough deems necessary the right
and power to enter upon the property for the purpose of inspection
and testing and to conduct the necessary repairs to obtain a document
of certification. Such third parties shall include, but not be limited
to, contractors engaged by the Borough, owner-applicant, or purchaser
of real property for the purpose of obtaining compliance with this
Part.
E.
The failure of an owner-applicant or purchaser of real property to
perform the necessary repairs to obtain a document of certification
prior to the expiration of a temporary document of certification is
a violation of this Part, whereby the Borough shall be authorized
to use the deposit monies to make the necessary repairs and to offset
any fines issued pursuant to this Part. The Borough or the Borough's
authorized agent may also terminate water service to a property in
noncompliance.
A.
The total cost of all inspection and testing shall be borne by the
owner-applicant.
B.
The fee for the inspection and testing necessary to obtain a document
of certification shall be $150 for the initial inspection and testing
and $50 for all subsequent inspections and testing. The fees for inspection
and testing may be adjusted from time to time by resolution of the
Council of the Borough of Derry.
C.
The owner-applicant shall include payment for the initial inspection
and testing fee with the application for the document of certification.
D.
No document of certification or temporary document of certification
shall be issued by the Borough or its authorized agent until all fees
and costs are paid.
E.
The Borough Council hereby declares the violation of this Part to
be a nuisance and a threat to the health, safety and welfare of the
residents of the Borough of Derry, and the same shall constitute a
summary offense punishable by a fine of up to $500 per day that a
violation persists, or as otherwise provided by the Borough Code (Act
37 of 2014[1]).
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
The following are exempt from the requirements of this Part:
A.
Real property which is not served by the public sanitary sewer system.
B.
New homes that have been constructed in accordance with applicable
building codes and which have not been formerly occupied.
C.
The transfer of property between spouses.
D.
Instances of refinancing or the assignment of mortgages.
E.
Real property being sold or transferred that has undergone inspection
and testing in accordance with this Part within two years of the current
sale date unless there is reasonable cause for concern or suspicion
of a problem as determined by the Borough or its authorized agent.
Any ordinance or resolution or part of an ordinance or resolution
in conflict herewith is hereby repealed.
If any sentence, clause, section, or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Borough Council that this Part would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
This Part shall become effective 30 days from the date of adoption.
