[HISTORY: Adopted by the Borough Council of the Borough of
Verona as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 202.
[Adopted 6-8-2010 by Ord. No. 3-2010]
As used in this article, the following terms shall have the
meanings indicated:
A person applying for a certificate of compliance or temporary
certificate of compliance.
Cash, certified check, or treasurer's check.
Any commonly accepted method of testing whereby dye is introduced
into the stormwater, surface or subsurface water collection system
and downspouts of structures or improvements to real property to determine
if surface stormwater is entering into the sanitary sewer system.
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
improvement on the real property is connected to the sanitary sewer
system.
Any natural person, association, partnership, corporation,
syndicate, institution, agency, authority or other entity recognized
by law as the subject of rights and duties.
The sanitary sewer lines and related facilities maintained
and operated by the Borough of Verona.
The sale, transfer 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 water and groundwater, including but not limited
to roof and driveway drainage, basement seepage, and surface and areaway
drainage.
After the date of this article, it shall be unlawful for any
person to connect 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.
After the date of this article, it shall be unlawful for any
person to sell or transfer improved and sewered real property located
within the Borough of Verona without having obtained and delivered
to the buyer or transferee, at or prior to closing or transfer, a
certificate of compliance or temporary certificate of compliance for
the property being sold or transferred.
A.Â
At least 14 days prior to the date of closing or transfer of any improved real property located within the Borough of Verona, the seller or transferor or its agent shall submit to the Borough of Verona an application for certificate of compliance, completed as required by Subsection B below. The certificate of compliance form shall be available upon request from the designated Borough official. The fee for filing the completed application for certificate of compliance shall be established by the Council of Borough of Verona from time to time by resolution.
B.Â
Prior to the sale or transfer of any improved real property located
within the Borough of Verona, the seller or transferor shall have
a dye test of the property performed by a plumber licensed by the
Allegheny County Health Department to perform such tests or by such
other person designated or approved by the Borough of Verona. Upon
completion of the dye test, the person who performed the test shall
complete the appropriate section of the application for certificate
of compliance, confirming that the property has been dye tested and
certifying the results of the test.
A.Â
If the application for certificate of compliance, properly completed
and filed with the Borough of Verona with the designated filing fee,
indicates that there are no connections of surface stormwater to the
sanitary sewer system, then the Borough of Verona, through its designated
official, shall issue the certificate of compliance within seven days
of application therefor.
B.Â
If the dye test reveals the existence of one or more surface stormwater
connections to the sanitary sewer system, the Borough of Verona shall
not issue the certificate of compliance until the connections have
been removed and a plumber licensed by the Allegheny County Health
Department or other person approved by the Borough of Verona to do
so has certified that there is no connection of surface stormwater
to the sanitary sewer system from the property to be sold or transferred.
A.Â
When a surface stormwater connection to the sanitary sewer system
is discovered and the necessary work to remove the connection would
require a length of time such as to create a hardship for the seller
or applicant, the seller or applicant may apply to the Borough of
Verona for a temporary certificate of compliance. The seller or applicant
must submit the following with the properly completed application:
(1)Â
A bona fide executed contract with a plumber registered and licensed
by the Allegheny County Health Department requiring the plumber to
complete the remedial work necessary to the removal of the connections
of surface stormwater to the sanitary sewer system and granting the
Borough of Verona the right and power to enforce the contract.
(3)Â
The agreement of the purchaser or transferee to be responsible for
all cost overruns related to the remedial work, together with a license
from the purchaser or transferee to the Borough of Verona, its agents,
contractors, and employees, to enter upon the property to complete
the remedial work in case of default by the contractor or the applicant.
(4)Â
The filing fee established by the Council of the Borough of Verona
from time to time by resolution.
B.Â
When dye testing cannot be performed because of weather conditions,
the seller or applicant may apply to the Borough of Verona for a temporary
certificate of compliance. The seller or applicant must submit the
following with the properly completed application:
(1)Â
Cash security in the amount of $1,000.
(2)Â
The written, signed agreement of the purchaser or transferee to correct, at the purchaser's or transferee's sole expense, any surface stormwater connections to the sanitary sewer system disclosed by the subsequent dye test, together with a license from the purchaser or transferee to the Borough of Verona, its agents, contractors and employees, to enter upon the property to conduct the dye testing should the applicant fail to do so. Nothing in this Subsection B shall prohibit any purchaser or transferee from requiring the applicant to reimburse the purchaser or transferee for any costs incurred in connection with such remedial work; provided, however, that primary responsibility for the remedial work and all costs thereof shall run with the land, and no such agreement shall affect the Borough of Verona's enforcement powers or excuse the current owner of the property from performance.
(3)Â
The filing fee established by the Council of the Borough of Verona
from time to time by resolution.
D.Â
The temporary certificate of compliance shall be effective for 60 days, and the expiration date of the temporary certificate of compliance shall be noted on the certificate. If, upon the expiration of the temporary certificate of compliance, the seller or applicant has not applied for and received a certificate of compliance, as provided for in §§ 186-4 and 186-5 of this article, the cash security shall be forfeited, and the Borough of Verona may use the funds to complete the remedial work or the dye testing.
E.Â
The application for temporary certificate of compliance form shall
be available upon request from the designated Borough official.
A request to the Borough of Verona for a municipal lien letter
or tax verification letter must be accompanied by a valid certificate
of compliance or temporary certificate of compliance and by the appropriate
fee, which shall be established by the Borough Council of the Borough
of Verona from time to time by resolution. The Borough of Verona shall
issue the municipal lien letter or tax verification letter within
seven days of receipt of the appropriately documented request and
the applicable fee.
A certificate of compliance issued under this article shall
be valid for a period of one year from the date of issuance.
The Borough of Verona is 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,
acknowledgements and certifications and limiting the time of year
in which a temporary certificate of compliance is available for reasons
of weather.
Nothing in this article shall limit in any fashion whatsoever
the Borough of Verona's right to enforce its ordinances or the laws
of the commonwealth. Nothing in this article shall be a defense to
any citation issued by any municipal corporation or the commonwealth
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, upon conviction before
any Magisterial District Judge, shall be sentenced to pay a fine of
$500 and, in default of payment, to imprisonment for a term not to
exceed 30 days.
This article shall not preclude the Borough of Verona from conducting
dye testing or other testing or inspection or implementing a program
of dye testing or inspection within the Borough for purposes of discovering
or locating the inflow of surface stormwater to the sanitary sewer
system.
