[Ord. 572, 5/12/1998; as amended by Ord. 595, 9/9/2003]
1.
The Borough of West Homestead, by its Borough Council, hereby ordains,
enacts and establishes the following schedule of tapping fees and
connection and facilities fees regarding the sanitary collection sewer
system in the Borough of West Homestead:
2.
For the purposes of calculating the sanitary sewer tapping fee, as
set forth above, an EDU shall be equal to 150 gallons per day of water
consumption. A non-residential applicant's estimate of water consumption
is subject to approval by the Borough Engineer. Fees shall be payable
at the time of application for sewer service. Allocations of sewage
capacity must be used within two years of approval or the allocation
and the fees paid will be forfeited and the applicant shall have to
re-apply and pay a new fee based upon the fee schedule then and there
in effect.
[Ord. 594, 9/9/2003, § 1; as amended by Ord. 604,
9/14/2004, § 1; and by Ord. 608, 2/8/2005, § A]
The terms used in this Part shall have the meanings set forth
as follows:
A person applying for a certificate of compliance or temporary
certificate of compliance.
The person officially appointed by the governing body to
administer and enforce all laws and ordinances of the Borough and
be responsible for the proper administration of all affairs of the
Borough.
A sewer which conveys sewage but does not convey stormwater.
(House trap) a device, fitting, or assembly of fittings installed
in the building drain to prevent the entrance of sewer gas into the
drainage system of the building from the building sewer or main sewer;
to provide a circulation of fresh air for the drainage system through
the fresh air inlet of the house or building trap and the soil and
vent stacks.
Cash, certified check, or treasurer's check.
The governing body of the Borough of West Homestead.
The date of sale is the date of closing.
Any commonly accepted method of testing whereby dye is introduced
into the storm, 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.
An official statement from the Borough stating that it has
on file a written statement from a licensed plumber or approved home
inspector that there are no illegal storm or surface water connections
into the sanitary sewer connections which would violate municipal
or county ordinances, the state statutes or Borough, county or state
plumbing regulations.
The fresh air inlet opening to the exterior atmosphere connected
to the sanitary building sewer on the outside of the building, on
the building side of the building trap.
The surface of the ground, which may be earth, vegetated
or bare, or pavement in driveway, patio, entry way or some other surface
at ground level.
A person registered with the Borough who performs stormwater
dye tests.
The discharge of basement seepage or ground water, or the
connection of downspouts, roof drainage, or surface or areaway drainage
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.
The person officially appointed by the governing body to
enforce this Part or any other entity so designated by the Borough
Council.
A written letter from the Borough concerning municipal liens
and claims.
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 West Homestead.
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 Ordinance.
An electrical device that is used to pump stormwater and/or
groundwater to either the Borough sewer system or to an on-lot sump.
[Added by Ord. 702, 10/10/2017]
Surface water and ground water including but not limited
to roof and driveway drainage, basement seepage, and surface and areaway
drainage.
A temporary statement from the Borough used pursuant to the terms of § 18-114 of this Part.
The portion of the building trap assembly rising from the
trap to the ground surface.
[Ord. 594, 9/9/2003; as added by Ord. 604, 9/14/2004, § 2;
and as amended by Ord. 608, 2/8/2005, § B]
1.
After the effective date of this Part, it shall be unlawful for 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 connect to the sanitary sewer system.
2.
It shall be unlawful for any fresh air vent to be located less than
one inch above the surrounding ground surface. Where the building
sewer exits the building beneath a paved or other surface where the
fresh air vent would pose an obstruction or hazard, a tee may be placed
in the vent stack to permit installation of the fresh air vent at
a location that is not an obstruction or hazard, and the opening at
the ground surface shall be replaced with a removable plug to allow
inspection and maintenance of the sanitary building sewer. The intent
of this section is to comply with the standards of § 1302
of the Allegheny County Plumbing Code, and any future amendments thereto
which provides that "stormwater shall not be drained into sewers intended
for sewage only." The fresh air vent may be required to be higher
than one inch above the ground surface to comply with the Allegheny
County Plumbing Code.
[Ord. 594, 9/9/2003; as added by Ord. 604, 9/14/2004, § 3]
After the date of this Part, it shall be unlawful for any person
to sell or transfer improved and sewered real property located within
the Borough of West Homestead 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.
[Ord. 594, 9/9/2003; as added by Ord. 604, 9/14/2004, § 4;
and as amended by Ord. 693, 7/14/2015; and by Ord. 702, 10/10/2017]
Any person (hereinafter "applicant") selling real property within
the Borough of West Homestead, (hereinafter "Borough") shall make
application for evidence of compliance on a form furnished by the
Borough at least 14 days before the date of sale. The applicant shall
then have a plumber or approved home inspector who is registered and
licensed with the Allegheny County Health Department or a home inspector
acceptable to the Borough perform a dye test on the real property
to be sold. He shall also perform a test on any sump pump that is
on said real property. The plumber or home inspector shall complete
the appropriate portions of the form confirming that the property
has been dye tested and certifying the results of said test. He shall
also certify that any sump pump on said real property is in proper
working order and is pumping all water it receives to either a Borough
sewer or to an on-lot sump. In the event that there are no illegal
stormwater or surface water connections, the Municipal Engineer or
his designee shall issue evidence of compliance. If the dye test or
sump pump test reveals the existence of an illegal stormwater or surface
water connection or the delivery of sump pump water to an illegal
destination, no evidence of compliance shall be issued until the illegal
connections are removed, or the sump pump issue is corrected and certification
of such removal or correction by a registered licensed plumber is
received. Valid evidence of compliance shall expire three years following
the date of acceptance by the Municipal Engineer.
[Ord. 594, 9/9/2003, § 2; as amended by Ord. 604,
9/14/2004, § 5]
1.
If the application for certificate of compliance, properly completed
and filed with designated filing fee indicates that there are no connections
of surface stormwater to the sanitary sewer system, then the borough
shall issue the certificate of compliance within 10 days of application
therefor.
2.
It the dye test reveals the existence of one or more surface stormwater
connection to the sanitary sewer system, the Borough 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 the Borough of West Homestead 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.
[Ord. 594, 9/9/2003, § 3; as amended by Ord. 604,
9/14/2004, § 6]
1.
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 for
a temporary certificate of compliance. The seller or applicant must
submit the following with the properly completed application:
A.
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 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 West Homestead
the right and power to enforce the contract.
B.
Cash security in an amount equal to 110% of the contract described
in Subsection 1A above.
C.
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 West Homestead
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.
D.
The filing fee established by the Borough Council of the Borough
of West Homestead from time to time by resolution.
2.
When dye testing cannot be performed because of weather conditions,
the seller or applicant may apply to the Borough for a Temporary Certificate
of Compliance. The seller or applicant must submit the following with
the properly completed Application.
A.
Cash security in the amount of $200.
B.
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 form the purchaser or transferee to the Borough of West Homestead, 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 2 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's enforcement powers or excuse the current owner of the property from performance.
C.
The filing fee established by the Borough of the Borough of West
Homestead from time to time by resolution.
3.
The Borough may reject the application for temporary certificate
of compliance whenever, in its judgment, the conditions defined by
this section do not exist or the submission required by this section
have not been made.
4.
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 § 18-114 and § 18-115 of this Part, the cash security shall be forfeited, and the Borough of West Homestead may use the funds to complete the remedial work or the dye testing.
5.
The application for temporary certificate of compliance form shall
be available upon request from the Borough.
[Ord. 594, 9/9/2003, § 4; as amended by Ord. 604,
9/14/2004, § 7]
A request to the Borough of West Homestead 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 West Homestead from time to time by resolution. The Borough of
West Homestead shall issue the municipal lien letter or tax verification
letter within seven days of receipt of the appropriately documented
request and the applicable fee.
[Ord. 594, 9/9/2003; as added by Ord. 604, 9/14/2004, § 8;
and as amended by Ord. 644, 5/12/2009, § 1]
A certificate of compliance issued under this Part shall be
valid for a period of five years from the date of issuance.
[Ord. 594, 9/9/2003, § 5; as amended by Ord. 604,
9/14/2004, § 9]
The Borough is hereby empowered to make reasonable rules and
regulations for the operation and enforcement of this Part including,
but not limited to: establishing the form of applications, acknowledgments
and certifications; and limiting the time of year in which temporary
certificate of compliance is available for reasons of weather.
[Ord. 594, 9/9/2003, § 7; as amended by Ord. 604,
9/14/2004, § 10]
Nothing in this Part shall limit in any fashion whatsoever the
Borough's right to enforce its ordinances or the laws of the commonwealth.
Nothing in this Part shall be a defense to any citation issued by
any municipal corporation or the commonwealth pursuant to any other
law or ordinance.
[Ord. 594, 9/9/2003; as added by Ord. 604, 9/14/2004, § 11;
as amended by Ord. 623, 2/14/2006]
1.
Any person, firm or corporation who shall violate any provisions
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
2.
Any plumber or inspector who falsifies information to be submitted
to the Borough shall be banned from performing work in the Borough
of West Homestead for a period of five years from the date of the
falsification, and upon conviction before any magisterial district
judge, shall be sentenced to pay a fine of $2,500 and agrees to forfeit
his Allegheny County plumbing license for a period of five years from
the date of the conviction.
