[Ord. 691, 12/8/2010]
When used in this Part 4, the following terms shall have the
following meanings:
Any person applying for a certificate of occupancy.
The certificate required pursuant to Chapter 11, § 102, of the Code of Ordinances of the Township of Darby.
Includes any individual, entity, partnership, business, corporation,
company or other such similar entity.
Any real property located within the Township of Darby.
Includes piping, lines, sewers and connections thereto transporting
wastewater within the Township of Darby to a destination for sanitization
and treatment.
Any pipe, line or sewer running across or through any property
and connecting to a pipe, line or sewer owned by any municipality
or municipal authority for the purpose of transporting wastewater
for treatment.
Includes all stormwater, rainwater, surface water, groundwater,
roof runoff or subsurface drainage.
[Ord. 691, 12/8/2010]
1.
It shall be unlawful for any person to discharge any stormwater into
the sanitary sewer system or to permit the discharge of stormwater
from any property owned by any such person into the sanitary sewer
system. For the purpose of this subsection, any discharge of stormwater
into the sanitary sewer system shall be deemed to have been permitted
by the owner of the property upon which or within which such stormwater
enters the sanitary sewer system.
2.
No person who owns any property serviced by the sanitary sewer system
shall connect any roof drain or foundation drain thereto or permit
any such drain to remain connected thereto.
3.
Each violation of the terms of any provision of this section shall
be punishable by a fine of not less than $300 nor more than $1,000.
For the purpose of this provision, each day on which a discharge or
connection that violates this section occurs shall constitute a separate
violation.
[Ord. 691, 12/8/2010]
The Township of Darby, and/or its agents, employees, designees,
or assigns, may, upon 10 days' notice, undertake such inspection
or test at it may deem appropriate to determine the condition of any
sewer lateral. Any such inspection or test may only take place during
the hours of 8:00 a.m. and 8:00 p.m., Monday through Friday. The owner
of the affected property shall make all areas to be inspected or tested
available to the Township or its designee upon request. If, in its
sole discretion, the Township determines that the sewer lateral is
in an unacceptable condition, unless said terms are extended by the
owner, the sewer lateral shall be repaired or replaced by the owner
of the property at such owner's expense within 30 days, or at
the expiration of any such extension as outlined above, of the date
the Township notifies such owner that the sewer lateral is in an unacceptable
condition.
[Ord. 691, 12/8/2010]
1.
As a precondition to the issuance by the Township of Darby of any
certificate of occupancy, the applicant shall contract a plumber to
perform a dye test, smoke test or air test of the sewer lateral on
the affected property and provide the results of same to the Township.
Any smoke test shall involve the use of nontoxin, nonstaining smoke,
forced through the sewer lateral by way of forced air. The plumber
performing such test shall notify the Township at least seven business
days in advance of same, so that the Township may have the opportunity
to witness the test. The Township shall have the right to approve
the test as performed or require additional testing. The plumber performing
such test shall certify the results to the Township of Darby. Should
there be any connection to the sewer lateral in violation of § 402
of this Part, or should the sewer lateral be in a condition that the
Township, in its sole discretion, deems unsatisfactory, then, except
as otherwise provided herein, the applicant shall not receive a certificate
of occupancy until such connection is removed or such condition is
remedied to the satisfaction of The Township of Darby.
2.
In the event that a sewer lateral is in an unsatisfactory condition, the Township of Darby may, in its discretion, issue a temporary certificate of occupancy upon the applicant's placing an amount of money in escrow that the Township of Darby, in its sole discretion, deems sufficient to remedy such unsatisfactory condition. In the event that the applicant fails to remedy such unsatisfactory condition within 30 days, the Township may, in its discretion: revoke the temporary certificate of occupancy or undertake such repairs or replacement of the sewer lateral as may be necessary to remedy the unsatisfactory situation, applying the escrowed monies toward such repairs or replacement. Should the Township of Darby undertake the repair or replacement of any sewer lateral in accordance with this Subsection 2, and the amount by which the costs of such repairs or replacement may exceed the amount of money placed in escrow, such difference shall be a liability of both the property and the applicant and may be assessed against the property in accordance with Pennsylvania's Municipal Claims Act, in which case it shall constitute a lien against the property until paid. Any money remaining in escrow after the sewer lateral is repaired to a satisfactory condition or replaced in accordance with this Subsection 2 shall be returned to the applicant.
