[Adopted 5-1-1989 by Ord. No. 606]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
A temporary statement of certification from the Borough issued pursuant to the provisions of § 134-34 of this article.
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.Â
A temporary sanitary sewer certification may be issued at the Borough's
sole discretion when either:
(1)Â
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.
(2)Â
Illegal stormwater or surface water connection or discharge.
(a)Â
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:
[1]Â
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.
[2]Â
Cash security in the amount of said contract posted with the
Borough.
[3]Â
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.
B.Â
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.
B.Â
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.
C.Â
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]
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
A.Â
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:
B.Â
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.
