[Adopted 5-1-1989 by Ord. No. 606]
As used in this article, the following terms shall have the meanings indicated:
- DYE TEST
- A test conducted on real property by the use of colored innocuous substances that will reveal the direction and flow of stormwater or surface water.
- ILLEGAL STORMWATER OR SURFACE WATER CONNECTIONS
- The discharge of basement seepage or groundwater of the connection of downspouts, roof drainage, driveway drainage or surface or areaway drainage into the sanitary sewer system.
- The transfer, assignment, pledge or hypothecation of any interest in real property to a lender for value, which transfer, assignment, pledge or hypothecation is evidenced by a mortgage, deed of trust or other security instrument.
- MUNICIPAL LIEN AND PROPERTY TAX VERIFICATION LETTER
- A written letter from the Borough concerning municipal liens and real property taxes.
- Any person, syndicate, association, partnership, firm, corporation or the chief executive officer of any corporation, institution, agency, authority, partnership or member of such partnership or other lawful entity.
- The transfer or assignment, with or without consideration, of any interest in real property situate within the Borough, whether or not the same is to a person or persons related by blood to the transferor.
- SANITARY SEWER CERTIFICATION
- An official statement from the Borough stating that there are no illegal storm sewer or surface water connections to the sanitary sewer lines on the real property to be sold, transferred, assigned or mortgaged.
- TEMPORARY SANITARY SEWER CERTIFICATION
- A temporary statement of certification from the Borough issued pursuant to the provisions of § 134-34 of this article.
- VIDEO CAMERA INSPECTION
- Any commonly accepted method of testing whereby a video camera
is inserted into and travels throughout the private lateral sewer
line of real property to determine if any illegal stormwater, groundwater,
or surface wetter is entering the sanitary sewer system.[Added 3-20-2012 by Ord. No. 844]
After the effective date of this article, any person or persons selling or mortgaging any interest in real property situate within the Borough of Baldwin, as those terms are defined herein, shall be required to provide to the purchaser and to the appropriate Borough officials, designated hereafter a sanitary sewer certification, which certification shall be provided to the purchaser or designated Borough officials on the time or times designated in § 134-33 of this article.
Any person selling or mortgaging real property (hereinafter "applicant") located within the Borough shall make application on a form furnished by the Borough at least 21 days before the date of sale or mortgage. The applicant shall then have a plumber who is registered and licensed by the Allegheny County Health Department perform a dye test on the property to be sold, transferred, assigned, mortgaged or refinanced. Such plumber shall complete the appropriate portions on the form and certify that the property has been dye tested and certify the results of such test. In the event that there are no illegal stormwater or surface water connections or discharges, the Borough Secretary, or his or her designate, shall issue a sanitary sewer certification upon payment of a fee of $25. When an illegal stormwater or surface water connection or discharge is discovered by means of the above-mentioned dye testing, no sanitary sewer certification will be issued until the illegal connections or discharges are removed and certification of such removal by a registered licensed plumber is received.
A temporary sanitary sewer certification may be issued at the Borough's sole discretion when either:
The applicant proves that dye testing cannot be performed because of weather conditions. When such is the case, the applicant shall provide the Borough with security in the amount of $200 to guarantee that the dye test will be performed. The applicant will cause to have performed the dye test within 14 days of written notification from the Borough which will be given at such time as weather conditions make the dye test possible. In addition, the applicant shall provide a signed, written acknowledgment from the purchaser agreeing to correct, at the purchaser's sole expense, any violations that may be discovered as a result of such subsequent dye tests. Nothing in this subsection shall prohibit any purchaser from requiring the applicant to reimburse the purchaser for any costs incurred; provided, however, that the primary responsibility shall run with the land and no such agreement shall affect the Borough enforcement powers or excuse the seller, mortgagor or purchaser from performance hereunder.
Illegal stormwater or surface water connection or discharge.
When an illegal stormwater or surface water connection or discharge is discovered and the necessary remedial activities to correct such connection or discharge would require a length of time such as would create a practical hardship for the applicant, the applicant may apply to the Borough Secretary for a temporary sanitary sewer certificate which may only be issued when the applicant provides the Borough with all of the following:
A bona fide, executed contract between the applicant and a registered licensed plumber to complete the necessary remedial work with the Borough listed therein as a third party beneficiary.
Cash security in the amount of said contract posted with the Borough.
An agreement by the purchaser to be responsible for all cost overruns related to the remedial work, together with a license to enter upon the property to complete work in case of default of the contractor.
The temporary sanitary sewer certification shall expire within 30 days after its issuance, and at the expiration of the same the security thus posted shall be applied by the Borough to have the necessary remedial work completed. Any excess of funds remaining as security shall be refunded to the applicant, but in the event that, the security posted is insufficient to complete the remedial work, the purchaser, or, in the case of a refinance, the property owner, shall be charged for the same and shall be responsible for payment thereof.
The Borough shall, from time to time, have the authority to change the fees required for the issuance of such letters by resolution which shall be adopted from time to time by the Borough Council of the Borough.
Where requested by a property owner or his agent and subject to time availability as determined solely by the Borough Secretary, the Borough may issue municipal lien and tax verification letters on two days' notice upon the payment of a priority service fee of $10 in addition to the fees set forth above.
[Added 3-20-2012 by Ord. No. 844]
As part of the document of certification application process, outlined in §§ 134-32, 134-33, 134-34 and 134-35 of this article, in addition to the dye test performed by a plumber registered and licensed by the Allegheny County Health Department, the Borough of Baldwin does hereby require a video camera inspection of the private sewer lateral performed by a plumber registered and licensed by the ACHD.
When, as a result of a video camera inspection, it is determined that there is a defect in the private lateral whereby stormwater, surface water, or groundwater is being allowed to flow into the private lateral, no document of certification will be executed until the private lateral line is repaired and certification of such repair is certified by a plumber registered and licensed by the ACHD.
The Borough is hereby empowered to make reasonable rules and regulations for the operation and enforcement of the video camera inspection requirement. All rules and regulations issued pursuant to this section shall be in writing.
This section shall not preclude the Borough from requiring video camera inspections or other inspections of the private systems for the purpose of locating defective piping which would allow surface water or groundwater to enter the system.
The Borough Council may from time to time adopt reasonable rules and regulations for the operation and enforcement of this article as the same may become necessary, which shall include, but not be limited to:
Such rules and regulations shall be adopted at a regular meeting of the Borough Council and shall be posted in the offices of the Zoning Officer and the Borough Secretary.
Property which has been constructed in accordance with a valid building permit and has been inspected by the Borough Building Inspector and the Plumbing Division of the Allegheny County Health Department may be sold or conveyed without evidence of compliance as required by the article; provided, however, that if such property is sold after five years from the date of its original occupancy, compliance is mandatory. A sanitary sewer certificate granted under this article shall be valid for a period of five years, and any sale taking place after said five-year period shall be subject to the provisions of this article, and a new sanitary sewer certificate shall be required.
Nothing in this article shall limit in any manner whatsoever the Borough's right to enforce its ordinances or the laws of the Commonwealth of Pennsylvania. Nothing contained in this article shall be construed as or offered as a defense to any citation issued by any municipal corporation or the Commonwealth of Pennsylvania pursuant to any other law or ordinance.
Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of this article and, in particular, the provisions of §§ 134-32, 134-33 and 134-34 hereof, or of any regulation or requirement pursuant hereto and authorized hereby shall, upon conviction before any District Magistrate, be sentenced to pay a fine of $1,000 and, in default of payment thereof, to imprisonment for a term not to exceed 90 days.