[Adopted 12-7-2017 by Ord. No. 2017-06]
The purpose of this article is to require sewer lateral and
sump pump inspections, at the time of a property transfer as provided
herein, for all properties in Bristol Township that are connected
to a sanitary sewer system, and to establish uniform requirements
for the same and to establish penalties for violations of this article.
The purpose of this article and the policy of Bristol Township
shall be to protect and promote the public health, safety and welfare
of its citizens and to establish the rights and obligations of owners
of real property with respect to the transfer of real property.
The following words and phrases, as used in this article, shall
have the meanings ascribed to them in this section, unless the context
indicates a different meaning. Where a term is not defined in this
section, such term shall receive its ordinarily accepted meaning as
interpreted by the Sewer Inspection Officer of Bristol Township by
use of definitions provided for in the standards and of the regulations
and the policies and procedures of Bristol Township.
A person who shall have charge, care or control of real property
as owner, or acting on behalf of or in the capacity of the owner,
or as executor, executrix, administrator, trustee or guardian of the
estate of the owner. Any such person representing the actual owner
shall be bound to comply with the provisions of this article to the
same extent as if that person was the owner.
The owner of record, or any other person with the legal authority
and responsibility for the ownership and transfer of real property.
A sale, real estate settlement, deed, foreclosure, sheriff’s
sale, tax sale or other legal action resulting in the transfer of
ownership of real property.
Any structure, building, or vacant land being privately or
publicly owned located in Bristol Township which is connected to a
sanitary sewer system.
An employee, agent or designated representative with the
responsibility for conducting and/or supervising the inspections required
under this article.
The video recording of the sewer lateral by closed-circuit
television (CCTV) or the use of other acceptable methods, as deemed
appropriate by Bristol Township, for the purpose of determining the
integrity of the sewer lateral or building sewer.
The pipe or conduit which extends from the end of the building
or structure to the curbline or right-of-way and generally includes
the cleanout and sewer vent and connects to the publicly owned sanitary
sewer system.
Inspection of the sump pump and appurtenances by Bristol
Township for the purpose of determining any illegal connection or
harmful effect of the connection to a sanitary sewer system and/or
sewage treatment plant.
A.
No owner
or agent shall transfer ownership of any real property without first
applying for and undergoing a sewer lateral and sump pump inspection
and obtaining a sewer inspection certificate.
B.
The owner
or agent shall complete the required application form for the sewer
lateral and sump pump inspection, which shall be available at the
Bristol Township office, and pay the required fee for the sewer lateral
and sump pump inspection to Bristol Township which shall be set by
resolution of the Bristol Township Council.
C.
The application
form for the sewer lateral and sump pump inspection shall require
the owner or agent to provide, at a minimum, the following information
with respect to the real property subject to a sewer lateral and sump
pump:
(1)
The
name(s), address(es) and telephone or cell phone number(s) of any
and all owners;
(2)
Forwarding
address(es) of all owners;
(3)
The
name, local address and telephone or cell phone number of the realtor
or agent representing the owner;
(4)
The
address of the real property;
(5)
A
description of the real property;
(6)
The
proposed use of the real property following the transfer;
(7)
Authorization
for Bristol Township to perform the required sewer lateral and sump
pump inspection; and
(8)
The
parcel identification number of the real property.
D.
The application
form for the sewer lateral and sump pump inspection must be submitted
to Bristol Township at least 30 days prior to the date scheduled for
the property transfer.
E.
Following
receipt by Bristol Township of the completed application form for
the sewer lateral and sump pump inspection and payment of the required
fees, the owner or agent shall schedule the sewer lateral and sump
pump inspection with Bristol Township. Sewer lateral and sump pump
inspections shall be scheduled no earlier than 48 hours from the time
the request for a sewer lateral and sump pump inspection is made to
Bristol Township.
A.
The Sewer
Inspection Officer shall not enter upon any real property for the
purpose of conducting a sewer lateral and sump pump inspection unless
accompanied by the owner or the agent of the owner.
B.
All interior
and exterior areas of the property shall be inspected for conformance
with Bristol Township sewer regulations, policies and procedures.
C.
Sump
pumps shall also be inspected by the Sewer Inspection Officer. Any
necessary repairs or alterations shall be completed to the satisfaction
of the Sewer Inspection Officer.
D.
The owner
of the property shall be required to have the sewer lateral leading
from the residence to the sewer main televised, at the owner’s
expense, by a licensed plumber, licensed to do business in the Commonwealth
of Pennsylvania. The tape produced during the televising of the lateral
shall be supplied by the owner of the property to the Sewer Inspection
Officer for review. If the Sewer Inspection Officer determines that
repairs are necessary, the property owner shall take the appropriate
actions to see that repairs are completed to the satisfaction of the
Sewer Inspection Officer, in accordance with applicable codes and
regulations of Bristol Township.
Upon completion of the sewer lateral and sump pump inspection,
the Sewer Inspection Officer shall record the identified sewer inspection
violations or Bristol Township sewer regulation violations, if any,
on a form designated for such a purpose, and provide a copy of the
form to the owner or agent. Regulation violations shall be corrected
within the time frame set by the Sewer Inspection Officer.
A.
Upon
completion of the sewer lateral inspection, Bristol Township shall
review the results and note any deficiencies, defects, or improper
connections with the sewer lateral that could permit inflow and infiltration,
or any other prohibited substance, from entering into the sanitary
sewer, in violation of any of the Bristol Township policies and procedures,
or the rules and regulations of Bristol Township or the requirements
and specifications of Bristol Township. Any deficiencies or defects
will be recorded on a form designated for such a purpose and a copy
of the form will be provided to the owner or agent.
B.
It will
be the responsibility of the owner or the agent of the owner of the
real property to repair, modify and/or replace all or a portion of
the sewer lateral that was found to be deficient or defective, in
compliance with the requirements and specifications of Bristol Township
and within the time frame set by Bristol Township, and in compliance
with the sewer regulations of Bristol Township.
C.
If repairs
to the sewer lateral are required, Bristol Township will perform a
subsequent sewer lateral inspection to determine if the sewer lateral
is in compliance with the requirements and specifications of Bristol
Township and the ordinances of Bristol Township. Reinspection of the
sewer lateral shall be permitted and shall be at the discretion of
Bristol Township.
D.
A sewer
lateral certification will be issued by Bristol Township after the
sewer lateral has passed inspection.
The sewer lateral and sump pump inspection shall not be required
of real property subject to a property transfer, if:
A.
A sewer
lateral certification has been issued in the two-year period immediately
preceding the proposed date for the property transfer;
B.
The real
property subject to a transfer is a condominium unit which is situated
in a building with other condominium units and not directly connected
to the sewer lateral; or
C.
The property
transfer is a transfer as a result of the death of an owner to the
owner’s heirs or a surviving joint owner.
A.
No property
transfer subject to this article shall proceed to settlement or otherwise
be effectuated, nor shall a use and occupancy permit be issued in
connection with a property transfer, unless a sewer inspection certificate
has been issued to the owner or agent by the Sewer Inspection Officer.
B.
A final
sewer inspection certificate shall be issued, provided the following
conditions have been met:
(1)
The
real property is free and clear of any and all sewer violations, if
any, noted on the inspection form by the Sewer Inspection Officer.
(2)
The
sewer lateral connected to the real property is found to be in conformity
with the specifications of Bristol Township, and not in violation
of the ordinances of Bristol Township, and a sewer lateral certification
has been provided by Bristol Township.
C.
A sewer
inspection certificate may be issued, at the sole discretion of Bristol
Township, as appropriate, in circumstances in which curing the sewer
lateral or sump pump inspection violations cannot be accomplished
prior to the date of the property transfer. The temporary sewer inspection
permit shall indicate the party (buyer or seller of the real property)
who shall take responsibility (the “responsible party”)
for curing the violations and provide for a time frame for remediation,
not to exceed 180 days. In the case of a temporary use and occupancy
certificate issued due to a sewer lateral or sump pump inspection
violation, Bristol Township, at its sole discretion, may require the
responsible party to retain in an escrow account sufficient funds
to cover the cost of any repair or replacement of the sewer lateral
or building sewer, as identified by Bristol Township, plus an additional
amount equal to 25% of such cost as estimated by Bristol Township
for said repair or replacement. The responsible party shall schedule
a followup sewer lateral and sump pump inspection with Bristol Township
and/or a follow-up sewer lateral inspection with Bristol Township,
as appropriate, to confirm the necessary repairs have been made.
D.
In no
circumstances shall a sewer inspection certificate be issued if any
of the sewer regulation violations render the property unfit for habitation.
Nothing contained herein shall be deemed to waive any and all
other remedies available to Bristol Township, at law or in equity,
relating to violations of the ordinances, resolutions, regulations,
policies and procedures of Bristol Township, all of which remedies
are expressly retained by Bristol Township.
This article shall become effective 30 days following its adoption.
