[Ord. No. 540, 7/21/2021]
As used in this Part, the following terms shall have the meanings
indicated:
Hatfield Township Municipal Authority.
The private sewer pipe extending from a building to the public
sanitary sewer system lateral. Such private sewer pipe shall include
the private four inches (or other) sewer pipe to its transition to
the public six inches service lateral in the public right-of-way.
Where no such transition exists, the private sewer pipe shall include
the sewer pipe from the building to the public right-of-way, and to
the easement demarcation line when the private line connects to a
public sewer that is located within an easement. If a property contains
a different set-up for the private sewer service lateral, this Part
shall remain applicable and such private sewer service lateral shall
be inspected in accordance with this Part. All private sewer service
laterals shall comply with the Borough's and the Authority's then
current adopted specifications.
The public sanitary sewer system, together with appurtenant
facilities about to be constructed for the Borough and any improvements,
additions or extensions that hereafter may be made thereto by the
Authority or the Borough or to any part or parts of any or all thereof
and shall specifically include all presently existing public sewer
lines now owned or hereafter acquired by the Borough or the Authority.
The transfer of title to real estate whether by sale, gift or otherwise, which requires a property transfer certification in accordance with § 5-209 of the Hatfield Borough Code of Ordinances.
[Ord. No. 540, 7/21/2021]
1.
In addition to the requirements of § 5-209 relating to property transfer certification, the seller of any property located in the Borough which is connected to the system shall be required to retain the services of a master plumber or utility contractor for the purposes of conducting an inspection of the private sewer service lateral. The inspection shall require a video inspection of the private sanitary sewer lateral from the face of the building or other connected structure to the connection to the system and contain a report of the inspection result. Such video shall be given to the Borough for review.
2.
Should the private sewer service lateral be found to be defective,
based upon the Borough's or Authority's rules, regulations, and resolutions
and/or sound engineering practice, the lateral pipe shall be replaced,
realigned or otherwise corrected. In the sole discretion of the Borough,
limited permission for spot and/or minor repairs and maintenance may
be granted. The pipe replacement/realigning/spot repair shall be performed
by a master plumber or utility contractor in accordance with Borough
Code of Ordinances requirements; as well as the Borough's and Authority's
rules, regulations, and resolutions and in accordance with industry
standards. Any defect in the private sewer service lateral is hereby
deemed a substantial violation of the Municipal Code and Ordinance
Compliance Act, 68 P.S. § 1081 et seq., as inadequate sanitary
facilities and the health risks posed to adjoining properties.
3.
In the event that any transfer occurs without an inspection having
been conducted and without the seller obtaining a certified report,
the buyer or purchaser of the property shall be responsible for having
the aforementioned inspection conducted and for the submission of
the certified result to the Borough.
4.
This section shall not apply to a transfer of newly constructed properties
from the builder to the first owner, nor to any properties where the
property owner can prove that the lateral was replaced to the Borough's
satisfaction within the last 10 years, nor to any properties where
the Borough has received or performed an inspection of the private
sewer service lateral and found the property to be in compliance within
the previous five years.
5.
The Borough, upon payment of any application and inspection fee and,
upon the Borough's receipt and approval of the inspection report required
above, including a copy of the televised video inspection, the report
specifically certifying that there is no inflow and/or infiltration
into the private sewer service lateral, nor any illegal connections
and that the cleanout vent is capped and not damaged; shall issue
a private sewer service lateral inspection permit to the seller who
shall deliver said permit to the buyer or lessee of the property at
the time of the transfer.
6.
In the event that the property owner fails to repair or replace the
private sewer service lateral as required, the Borough shall be authorized
as permitted by law to go onto the property and repair or replace
the private sewer service lateral and charge the property owner for
the cost and expenses incurred by the Borough to repair or replace
the private sewer service lateral. In the event that satisfactory
payment arrangements are not agreed upon between the Borough and the
property owner, the Borough may file a municipal lien against the
property pursuant to Pennsylvania's Municipal Claims Act and/or pursue
other legal remedies for the collection of same, including the collection
of attorney's fees. In addition thereto, the Borough can refuse the
issuance of a property transfer certification or use and occupancy
permit if the necessary repairs or replacement are not completed.
In the alternative, at the sole discretion of the Borough and after
the posting of an escrow fund to ensure payment for any repairs or
replacements, the Borough may issue a conditional property transfer
certification conditioned on obtaining the inspection and making any
needed repairs within 60 days.
7.
During the inspection of the private sewer service lateral, the property
owner shall permit the designated employees or agents of the Borough
access to the property to make necessary inspections and observations.
8.
The master plumber or utility contractor utilized by the property
owner must be registered with the Borough, own its equipment, and
have appropriate insurance, in compliance with industry standards,
to perform such work.
