As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
A person applying for a certificate of compliance or temporary
certificate of compliance.
BOROUGH
Borough of Charleroi, Washington County, Pennsylvania.
CERTIFICATE OF COMPLIANCE
An official statement from the Borough stating that there
are no illegal stormwater or surface water connections into the sanitary
sewer connections on the property to be sold which violate any section
of the Code.
CODE
Borough of Charleroi Code, as the same may be from time to
time amended.
DOCUMENT OF CERTIFICATION
An official statement from the Borough stating that there
are no illegal stormwater or surface water connections into the sanitary
sewer connections on the property to be sold which violate any section
of the Code.
DYE TEST
Any commonly accepted method of testing by a registered plumber
whereby dye is introduced into the storm, surface or subsurface water
collection system and downspouts of structures or improvements to
real property to determine whether basement seepage, groundwater,
downspout drainage, roof drainage, driveway drainage, or other surface
water drainage is entering into the sanitary sewer system.
ILLEGAL CONNECTIONS
Any connection or conveyance that allows the discharge of
inflammable or volatile liquids, basement seepage, groundwater, downspout
drainage, roof drainage, driveway drainage, or other surface water
drainage into the sanitary sewer system.
ILLEGAL STORMWATER OR SURFACE WATER CONNECTIONS
Any connection or conveyance that allows the discharge of
inflammable or volatile liquids, basement seepage, groundwater, downspout
drainage, roof drainage, driveway drainage, or other surface water
drainage into the sanitary sewer system.
IMPROVED AND SEWERED REAL PROPERTY
Real property on which any building, driveway or parking
pad, other surface or subsurface structure or improvement has been
constructed, installed or erected, where the real property or any
improvements on the real property is connected to the sanitary sewer
system.
INTERIOR INSPECTION
A visual inspection of the interior of the property including,
but not limited to, areas of the structures or improvements which
may feature interior sumps, pumps, or other unlawful connections as
defined in this article.
PERSON
Any person, natural person, association, firm, partnership,
corporation, syndicate, organization, institution, agency, authority,
or other entity recognized by law as the subject of rights and duties.
The singular shall include the plural.
PROPERTY
Any real property located within the Borough upon which a
building or improvement exists.
REFINANCE
The replacing of an existing mortgage or loan against real
property with a new or different mortgage or loan.
SANITARY SEWER SYSTEM
The sanitary sewer lines and related facilities maintained
and operated by the Municipality's designated sewer service provider.
SECURITY
Cash, certified check, or treasurer's check.
SELL OR TRANSFER
The sale, transfer, conveyance, or assignment of any interest
in real property; provided, however, that a refinancing of real property,
without a conveyance, is not a sale or transfer under this article.
SURFACE STORMWATER
Surface water and groundwater, including but not limited
to roof and driveway drainage, basement seepage, and surface or areaway
drainage.
Illegal connections are prohibited. It shall be unlawful for
any person to connect or have connected any rain leader, roof drain,
downspout, gutter, parking lot drain, driveway drain, interior or
exterior sump, French drain, spring or other collector or source of
surface stormwater, including but not limited to the fresh air vent
of the improved and sewered property's sanitary sewer, to the
sanitary sewer system.
Persons owning property within the Municipality are required
to maintain all private laterals and sanitary sewer service connections
in good repair.
It shall be unlawful for any person to sell, purchase, convey
or transfer improved and sewered real property located within the
Municipality without first having obtained and delivered to the buyer,
transferee, or owner at or prior to closing or transfer a certificate
of compliance or temporary certificate of compliance for the property
being sold, conveyed, or transferred. For purposes of this part, a
"sale of property" shall include any conveyance or transfer whereby
title is transferred from one person to another, but shall not include:
A. A refinancing where the holder of the title remains unchanged; or
B. When an improvement to real estate has been recently constructed
in accordance with a valid building permit and has been inspected
by the Municipal's Building Inspector and has not been formerly
occupied. If such property is sold after one year of the date of the
certificate of occupancy or the inspections referred to in this subsection,
compliance with this article is mandatory; or
C. Individual apartment-type units within a single condominium building
may be sold without individual certification, provided that the building
in which the units are locate has been certified no longer than one
year previous to the date of the sale of the individual condominium
unit; or
D. A transfer of title by operation of law following the death of the
owner.
The ordinance compliance officer, or other persons designated
by the governing body by resolution, is authorized to initiate dye
testing or other testing or inspection within the Municipality for
purposes of discovering or locating the inflow of surface stormwater
to the sanitary sewer system. The ordinance compliance officer is
authorized to retain the services of a qualified contractor to perform
the dye testing or other testing or inspection. Persons owning property
within the Municipality are required to grant access to the ordinance
compliance officer and/or the dye testing contractor and to permit
dye testing or other testing or inspection. It is unlawful for any
person to refuse access to property for purposes of dye testing or
other testing or inspection.
In the event the ordinance compliance officer identifies any
illegal connections or leaking, deteriorating or poorly constructed
private sanitary sewer lateral and/or sanitary sewer service connections,
the ordinance compliance officer shall give written notice of same
to the property owner that such illegal connections be eliminated
and/or services connections be, at the property owner's expense,
repaired, replaced, or rehabilitated within a prescribed amount of
time as detailed with the notice. The ordinance compliance officer,
upon request of the property owner, may extend the deadline to a maximum
of 60 days from the date of the notice.
A certificate of compliance 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 dye testing
or certification.
A certificate of compliance issued under this article shall
be valid for a period of one year from the date of issuance.
The Municipal Manager, or his designee, and the ordinance compliance
officer are hereby empowered to make reasonable rules and regulations
for the operation and enforcement of this article including but not
limited to: establishing the form of applications, establishing acceptable
forms of security or guarantees, inspector certifications, acknowledgments
and certifications; and limiting the time of year in which temporary
certificate of compliance is available for reasons of weather.
Nothing in this article shall limit in any fashion whatsoever
the Municipality's right to enforce its ordinances or laws of
the Commonwealth. Nothing in this article shall be a defense to any
citation, ticket, or other charges issued by any municipal corporation
or the Commonwealth pursuant to any law or ordinance.
Any other ordinance provision or regulation of the Municipality
inconsistent with any of the provisions of this article hereby repealed
to the extent of the inconsistency only.
This article shall be effective immediately upon enactment or
as soon thereafter as the applicable laws of the Commonwealth of Pennsylvania
allow.