Township of Amity, PA Sewer Rental Charges.

From and after the effective date of this article, it shall be unlawful for a person to construct, install, maintain, repair, operate, use, or allow an illegal connection to the sanitary sewer system on improved property owned by that person. This prohibition expressly includes illegal connections made prior to the effective date of this article, unless the connection was permissible when made, and a permit was issued by the Township. In such a case, the owner of the improved property shall have one year from the date of this ordinance (or the date of issuance of a temporary certificate of compliance in the case of a purchase of property) to remediate the illegal connection to prevent inflow into the sanitary sewer system.

From and after the effective date of this article it shall be unlawful for any person whose improved property is connected to the sanitary sewer system to sell improved property located within the Township on which a building or improvement exists without first obtaining and delivering to the purchaser (defined above) an evidence of compliance certificate or a temporary evidence of compliance certificate from the Township as required under this article.

(3)

From and after the effective date of this article it shall be unlawful for any person (purchaser) to purchase improved property located within the Township connected to the sanitary sewer system on which a building or improvement exists without first obtaining from a seller a valid evidence of compliance certificate or a temporary evidence of compliance certificate.

(d)

Disconnection of Illegal Connections. Illegal connections must be disconnected from the sanitary sewer system and redirected, as appropriate, to either a separate storm sewer system, or another appropriate legal place. Connection of the illegal connection to the Township's separate storm sewer system is subject to the prior approval of the Township. In no event is water to be discharged from the illegal connection upon or across public or private sidewalks or discharged onto adjacent property. Prior to the commencement of any work on the disconnection of an illegal connection or repair of a sewer lateral, all necessary and required building permits, street opening permits, sidewalk opening permits, tap-in permits, and other approvals and permits that may be necessary to accomplish the disconnection shall be acquired, and all fees paid, and a plan of corrective action shall be presented to the Township, for the Township's approval, on a Township Corrective Action Plan form (plan form). "Disconnection" shall mean that the illegal connection is disconnected and removed from the sanitary sewer system, and that the illegal connection access to the sanitary sewer system at that location is permanently capped and sealed. The disconnection of the illegal connection shall be certified by an inspector on the Township plan form.

(e)

Evidence of Compliance Certificate for Sale of Improved Property.

Any person selling improved property (applicant) located within the Township whose improved property is connected to the sanitary sewer system shall have said improved property inspected by a Township inspector or representative and have their sewer lateral televised from the home to the main by a professional qualified to conduct such work (electronic file to be provided to the Township). Said person shall arrange for an inspection by obtaining an application for evidence of compliance certificate (application) from the Township, submitting the completed application to the Township, and paying such fee(s) and cost(s) as required by the Township. The inspection must be scheduled in conjunction with the televising of the lateral to allow the Township's representative to witness the televising. Upon completion of the inspections, the inspector shall complete the appropriate section of the inspection results form (results form) confirming that the property has been inspected and certifying the results of such inspection.

If the inspector determines that there are no illegal connections on the improved property and the lateral is in good working order, he shall so note on the results form and the application, and the Township shall issue the evidence of compliance certificate promptly after the Township's receipt of the properly completed application and results form.

If the inspector determines that there is/are illegal connection(s) on the improved property or the lateral requires repair(s) he shall so note on the results form, and the applicant shall present a plan of corrective action, for the Township's approval, on a Township plan form. The time period for the completion of the remedial work (based upon the extent of the work required and the existing conditions) shall be such as the Township will approve. After the corrective action has been taken, the applicant shall submit a report thereof to the Township on the Township's corrective action report form (report form) and pay any additional fee(s) and cost(s) required by the Township. The improved property will be reinspected, and if the inspector determines that there are then no illegal connections on the improved property, he shall so certify on the report form, and the Township shall issue the evidence of compliance certificate promptly after the Township's receipt of the completed application and the report form.

If the reinspection reveals the existence of any illegal connections, the inspector shall so certify on the results form, and the Township shall reject the application as per Subsection (g).

An evidence of compliance certificate shall expire three years following the date of its issuance. If any additions are made to the property within the period of three years or the property is re-sold within three years, a certification shall be obtained from an inspector that the addition has no illegal connections.

(f)

Evidence of Compliance Certificate for Purchase of Improved Property.

Any person purchasing improved property (purchaser) located within the Township connected to the sanitary sewer system on which a building or improvement exists without first obtaining from a seller a valid evidence of compliance certificate or a temporary evidence of compliance certificate shall have said improved property inspected by a Township inspector and have their sewer lateral televised from the home to the main by a professional qualified to conduct such work (electronic file to be provided to the Township). Said person shall arrange for an inspection by obtaining an application for evidence of compliance certificate (application) from the Township, submitting the completed application to the Township and paying such fee(s) and cost(s) as required by the Township. The inspection must be scheduled in conjunction with the televising of the lateral to allow the Township's representative to witness the televising. Upon completion of the inspection, the inspector shall complete the appropriate section of the inspection results form (results form) confirming that the property has been inspected and certifying the results of such inspection.

If the inspector determines that there is/are illegal connection(s) on the improved property or the lateral requires repair(s) he shall so note on the results form, and the applicant shall present a plan of corrective action, for the Township's approval, on a Township plan form. The time period for the completion of the remedial work (based upon the extent of the work required and the existing conditions) shall be such as the Township will approve. After the corrective action has been taken, the applicant shall submit a report thereof to the Township on the Township's corrective action report form (report form) and pay any additional fee(s) and cost(s) required by the Township. The improved property will be reinspected, and if the inspector determines that there are then no illegal connections on the improved property he shall so certify on the application and the report form, and the Township shall issue the evidence of compliance certificate promptly after the Township's receipt of the properly completed application and report form.

If the reinspection reveals the existence of any illegal connections, the inspector shall so certify on the results form, and the Township shall reject the application as per Subsection (g).

An evidence of compliance certificate shall expire three years following the date of its issuance. If any additions are made to the property within the period of three years, a certification shall be obtained from an inspector that the addition has no illegal connections.

(g)

Temporary Evidence of Compliance Certificate.

In the event that an illegal connection is discovered, or lateral repairs are required pursuant to Subsection (d), and the applicant believes that it would create an undue hardship to perform the necessary corrective action prior to the date of closing on the sale of the property, the applicant may apply to the Township for a temporary evidence of compliance certificate on a Township-approved form. The Township may issue a temporary evidence of compliance certificate upon the payment of such fee(s) and cost(s) as the Township may from time to time establish, and provided there is strict compliance with all the following conditions:

Either the Township is provided with a bona fide, executed contract (hereinafter "contract") between the applicant and a contractor requiring the contractor to complete the necessary remedial work to correct and/or disconnect and remove the illegal connection or make lateral repair(s). The time period set forth in the contract for the completion of the remedial work (based upon the extent of the work required and the existing conditions) shall not exceed one year. If the work required hereunder is not completed within one year, the Township may revoke the temporary occupancy certificate; or

The Township is provided with a plan for remediation of the illegal connection, to bring the illegal connection into compliance with applicable ordinances on public sanitary sewer connection, or to make required lateral repairs. The remediation plan, together with the estimated cost of the work, shall be signed by a qualified contractor, and shall set forth a timeline of no more than one year for full completion of the work.

A written agreement between the purchaser or transferee and the Township under which the purchaser or transferee agrees to be responsible for all cost overruns related to the remedial work together with a grant to the Township of a license to enter upon the property to complete the work at the expense and cost of the purchaser or transferee should the contractor or the applicant default on the contract. Any cost overrun exceeding the security posted with the Township shall remain the sole and exclusive liability of the purchaser or transferee and constitute a recordable lien against the improved property.

The temporary evidence of compliance certificate shall be effective for no more than one year, unless the Township determines there is an emergency jeopardizing health and safety, wherein a lesser period of time will be prescribed, and the expiration date shall be noted thereon. In the event the required remedial work necessitated by the sale of improved property is not practical due to the absence of available remedies, and where the Township has adopted a plan of corrective action applicable to the sanitary sewers serving such improved property, then the temporary evidence of compliance certificate shall be extended until the planned corrective action is completed.

(3)

If, upon expiration of the temporary evidence of compliance certificate, all remedial work has not been completed and the evidence of compliance certificate has not been issued, the security deposited with the Township shall be forfeited and the Township may use said security to have the required remedial work completed.

(h)

Rejection of Application. The Township may reject an application for an evidence of compliance certificate or for a temporary evidence of compliance certificate whenever the requirements of this article have not been met. In the event of such a rejection, the applicant may, within 15 days of the rejection, file an appeal with an appropriate appellate body.

Township Resolutions. The Township may, by resolution, adopt any or all of the following in order to accomplish the purposes of this article:

Establish and promulgate any and all forms, fees, procedures, regulations and/or guidelines necessary to implement and effectuate the objectives and purposes of this article.

Establish the procedures and guidelines for the retention, release, and/or payment of any security held by the Township under and pursuant to Subsection (f) above.

(j)

Access and Inspection.

Property owners shall allow persons working on behalf of the Township ready access to all parts of the premises for the purposes of determining compliance with this article.

If a property has security measures in force which require proper identification and clearance before entry into its premises, the owner and/or possessor shall, upon reasonable notice by the Township, make the necessary arrangements to allow access by representatives of the Township.

(3)

The owner and/or possessor of the property shall allow the Township reasonable access to all parts of a property necessary to the inspections of the property. The Township shall have the right to set up on any property such devices as are necessary in the opinion of the Township to conduct inspections of the property.

(4)

Any temporary or permanent obstruction to safe and easy access to the property to be inspected shall be promptly removed by the owner and/or possessor of the property at the oral or written request of the Township and shall not be replaced until such inspection is completed and/or any violations of this article are corrected, and such corrections are certified by an inspector.

(5)

The Township may provide notice of the inspections of a property or properties orally or by written notice or publication. Notice is required if the owner and/or possessor specifically refuses access.

(6)

If the Township has been refused access to any part of a property on which an illegal connection is suspected, and the Township is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine program of inspection and sampling designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the Township may seek issuance of a search warrant from any court of competent jurisdiction.

(k)

Violations and Penalties. Notice of noncompliance/violation. Whenever the Township finds that a noncompliance or violation of this article has occurred, the Township may order compliance by written notice of noncompliance/violation. Said notice may be served personally on the owner and/or possessor of the property, or by leaving the same at the principal building on the property, or by posting the same conspicuously on the property, or by certified mail sent to the address of the property or at such other address for the owner and/or possessor as maintained in the Township or County of Berks records.

The notice of noncompliance/violation shall contain:

The name and address of the alleged noncomplier/violator;

The address, when available, or a description of the building, structure, or land upon which the noncompliance/violation is occurring, or has occurred;

A statement specifying the nature of the noncompliance/violation;

(iv)

A description of the remedial measures necessary to restore compliance with this article and a time schedule for the completion of such remedial action;

(v)

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of noncompliance/violation is directed; and

(vi)

A statement that the determination of violation may be appealed by filing a written notice of appeal with an appropriate appellate body within 15 days of the service of notice of noncompliance/violation.

Such notice of noncompliance/violation may require without limitation:

The performance of inspections, monitoring, analyses, and reporting;

The elimination, disconnection, and removal of the illegal connection(s) in accordance with Subsection (c); and

That the person whose discharges, practices, or operations are in noncompliance/violation of this article shall cease and desist from such noncompliance/violations.

(l)

Appeal of Notice of Noncompliance/Violation. Any person receiving a notice of noncompliance/violation may appeal the determination of violation by filing a written notice of appeal with an appropriate appellate body within 15 days of the service of the notice of noncompliance/violation.

(m)

Enforcement Measures.

If the noncompliance/violation(s) has/have not been corrected in accordance with the provisions and/or times established pursuant to this article, the Township is authorized to take any and all measures necessary to abate the noncompliance/violation, disconnect and remove the illegal connection(s), and/or restore the property. The costs of the enforcement measures taken by the Township shall constitute a recordable lien against the property.

Where correction of the noncompliance/violation cannot be made in accordance with the provisions and/or times established pursuant to this article, upon proof to the Township of a contract for performance of the correction work, or other document satisfactory to the Township showing good faith commencement of correction of the noncompliance/violation, abatement by the Township may be delayed up to a maximum of 60 days after the notice of noncompliance/violation or, in the case of appeal, for a maximum of 60 days after the decision of the appellate body upholding the determination of noncompliance/violation made by the Township.

(n)

Danger to Public Health or Safety. In the event a noncompliance/violation of this article constitutes an immediate danger to public health or public safety, the Township is authorized to take any and all measures necessary to abate the noncompliance/violations, disconnect and remove the illegal connection(s), and/or restore the property. The costs of the measures taken by the Township shall constitute a recordable lien against the property.

(o)

Nuisance; Injunctive or Other Relief. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of the provisions of this article is a threat to public health, safety, welfare, and the environment and is declared and deemed to be a nuisance, and the Township may seek abatement thereof by injunctive or other equitable relief as provided by law.

(p)

Cumulative Remedies; Recovery of Fees and Costs.

The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state, or local law, and the Township may seek cumulative remedies.