[Ord. No. 721, 4/12/2022]
This Part shall be known as the "Borough of West Homestead Private
Lateral Time of Sale Ordinance."
[Ord. No. 721, 4/12/2022]
1.
This Part is developed to comply with the terms, conditions, and
requirements of the ACHD Consent Order dated: March 8, 2022.
2.
Note that this Part shall be required in addition to the Dye Test
Ordinance requiring testing and removal of roof drains, downspouts,
area drains, and other such facilities from the municipal sanitary
sewer system prior to the time of sale properties and certification
of same as detailed in Borough of West Homestead, Ordinance 608 of
2005, as amended.[1]
[Ord. No. 721, 4/12/2022]
As used in this Part, the following terms shall have the meanings
indicated:
3 Rivers Wet Weather, Inc.
Allegheny County Health Department — Plumbing Division.
Allegheny County Sanitary Authority.
The performance of internal closed-circuit television inspection
within the sewer lines. In the case of this Part, "sewer lines" shall
mean the private sanitary lateral. The work shall include viewer programs,
photographs of deficiencies, maintenance of paper and electronic copies
(DVD or thumb drive) of the inspection reports which shall be provided
to the Municipal Engineer for evaluation. All CCTV shall be performed
in full accordance with 3RWW protocols.
The officer duly appointed by the municipality to act on
behalf of the municipality to interpret and enforce codes and regulations.
The construction and/or replacement of sewer lines by means
of conventional excavation, utilizing either P.V.C. (polyvinylchloride
SDR 35) pipe or D.I.P. (Class 52) ductile iron pipe. All construction
shall be in full accordance with the most current industry standards
and shall include all necessary site restoration including surface
and base materials and shall meet the line and grade of the existing
undisturbed adjacent facilities. In addition to the required approval
of the ACHD, all the aforementioned shall be subject to review and
acceptance by the Municipal Engineer.
The form of application and certification provided by the
municipality to the owner or their registered master plumber identifying
the site to be subject to the terms of this Part and shall include
submittal of the municipal filing fee at the time of submission.
The engineer duly appointed by the Municipal Council to act
on behalf of the municipality.
The fee established by the municipality to cover administrative
costs for the implementation of this Part. The current established
fee shall be $70 which shall accompany each application. The fee shall
be subject to adjustment from time to time as determined by the municipality.
The sewer system owned and operated by the municipality which
conveys "sanitary only" sewage within one single pipe.
The sewer system owned and operated by the municipality which
conveys "stormwater runoff only" within one single pipe.
A rating of the conditions of a sewer line based upon the
standards developed by the National Association of Sewer System Companies.
Rating of lines shall be performed only by duly certified NASSCO operators.
Pennsylvania Department of Environmental Protection.
The pipe from its point of connection at the municipal sanitary
sewer to the privately owned building or structure and which is owned,
operated, and maintained by the individual landowners and not under
the ownership of the municipality.
A plumber licensed under the laws and regulations of the
Allegheny County Health Department-Plumbing Division and holding a
current H.P. (health permit) license.
The requirements governing the testing, rehabilitation or
replacement of the private lateral at the time of sale and requirement
to obtain approval from the municipality prior to closing of the property.
The rehabilitation of an existing sewer line by means of
the installation of a liner inserted into the existing host pipe and
may consist of C.I.P.P. (cured in place polyethylene) or H.D.P.E.
(high density polyethylene). All rehabilitation shall be performed
in full accordance with the most current industry standards and the
recommendations of the manufacturer of the lining materials. In addition
to the required approval of the ACHD, all the aforementioned shall
be subject to review and acceptance by the Municipal Engineer.
[Ord. No. 721, 4/12/2022]
1.
Each time a property is to be sold or transferred and prior to closing
of sale to a buyer, the property owner shall, under the terms of this
Part, perform the required testing of their private sanitary lateral
in full accordance with the requirements herein to follow and obtain
all necessary municipal approvals at their total cost and at no cost
to the municipality. All work including testing and rehabilitation
and/or replacement shall be performed by a registered master plumber,
in full accordance with all applicable requirements of the ACHD-Plumbing
Division and shall include the filing of the necessary plans and payment
of all associated fees, including the municipal filing fee as established
elsewhere herein. The registered master plumber shall, on behalf of
the owner, submit the completed application form provided by the municipality
and including the applicable municipal fee. The property owner shall
be responsible, at his expense, to procure and retain the registered
master plumber.
2.
CCTV of the entire private lateral as defined elsewhere herein shall
be performed in full accordance with NASSCO requirements and by a
certified NASSCO operator. Any condition rated greater than three
shall constitute failure and require corrective action. Any multiple
conditions rated two or greater or any observed leak shall constitute
failure and require corrective action. The CCTV inspection shall also
include a visual inspection report of the line(s) directly upstream
from the fresh air vent or cleanout to determine possible additional
extraneous flows from subsurface drains or other sources. Currently,
these lines and/or flows shall not be subject to corrective action
under this Part. It shall be clearly noted that the absence of a fresh
air vent or cleanout shall constitute a failure of the lateral.
3.
CCTV shall be provided by the registered master plumber to the Municipal
Engineer who will evaluate same and provide his report of finding
and if indicated, directing the appropriate required corrective action.
A.
The video shall be provided on a nonreturnable flash drive, DVD,
or YouTube video that is easily accessible by the reviewer.
B.
The video shall utilize both video and audio and shall clearly identify
the address of the property by showing an address sign or other such
verification and shall include footages from zero feet at the cleanout
and continuing to the point of connection at the main municipal connection.
Each deficiency shall be recorded utilizing both video and audio format.
The entire evaluation shall be performed, rated, and reported in full
accordance with the NASSCO standards.
C.
Should the application form and video not contain all required information,
the evaluation will be considered incomplete, and the applicant will
be so advised. Should the evaluation require more than two reviews,
an additional fee may be assessed.
4.
Should corrective action be required as a result of failure of one
or more of the tests to be performed, such shall be based upon one
of the acceptable methods as defined in the "Definitions" section
of this Part.[1] All work shall be performed as indicated elsewhere herein.
Post repair CCTV by the registered master plumber (certified NASSCO
operator) shall be required to verify completion of all required repairs.
5.
Upon completion of all required corrective action, the registered
master plumber shall, on behalf of the owner, submit to the Municipal
Engineer a certificate of completion and compliance from the Allegheny
County Plumbing Division and the application and certificate of compliance
form provided for herein as Appendix A.[2] Inspections shall be performed by both the Allegheny County Plumbing Division and the Municipal Engineer. The municipality will then provide the duly executed certificate of compliance. Closing of any sale shall be withheld until all approvals have been granted by the municipality. Temporary approval shall not be granted unless circumstances as detailed in § 18-506 occur.
[2]
Editor's Note: Said form is on file in the Borough offices.
[Ord. No. 721, 4/12/2022]
All required municipal fees shall be paid to the municipality
at the time of submission of the application. The municipal application
fee shall be as established elsewhere in this Part. Fees required
by ACHD shall be paid separately to the Department.
[Ord. No. 721, 4/12/2022]
1.
Property owners shall be fully cognizant of all requirements as set forth in § 18-504 of this Part and all other requirements and approvals necessary prior to the issuance of the duly executed certificate of compliance (no lien letter). Property owners shall allocate necessary time to complete all said requirements.
2.
A temporary closing document (Appendix B[1]) shall be issued by the municipality only if inclement
weather conditions preclude any indicated or required corrective action
work to be performed. Any other circumstances shall be subject to
approval by the municipality and if deemed not acceptable will result
in the delay of issuance of the notice of release (no lien letter)
and ultimately delay in the owner's closing.
[1]
Editor's Note: Said appendix is on file in the Borough offices.
3.
Should a temporary closing document be granted, the property owner
shall be required to place in an escrow account in a bona fide lending
institution, the amount to be determined by the municipality, but
not less than $5,000, for which written proof of deposit shall be
provided to the municipality and shall remain in escrow until the
executed certificate of compliance is granted and written confirmation
of the following terms and conditions:
A.
A written detailed explanation of the need for the temporary certificate;
and
B.
An executed agreement by the purchaser/transferee accepting responsibility
for all costs in excess of the cash security (escrow); and
C.
A written easement or other license executed by the purchased/transferee
permitting the municipality to enter upon the property in order to
complete the work in case of default by the applicant.
[Ord. No. 721, 4/12/2022]
1.
Police Powers. The municipality, by granting any permit or taking
any other action pursuant to this Part, does not waive, reduce, lessen,
or impair the lawful police powers vested in the municipality under
the applicable federal, state, and local laws and regulations.
2.
Severability. If any section, subsection, sentence, clause, phrase,
or word of this Part is for any reason held illegal or invalid by
any court under commonwealth jurisdiction, such provision shall be
deemed a separate, distinct, and independent provision, and such holding
shall not render the remainder of this Part invalid.
[Ord. No. 721, 4/12/2022]
Any person or persons violating these or any other provisions
of this Part shall, upon conviction, be subject to a penalty of not
more than $500 for each violation, or in the alternative, a penalty
of not more than the maximum provided by other municipality or Pennsylvania
laws that may apply. Once a person or persons are notified of a violation
of this Part, each day that such violation occurs or continues shall
constitute a separate violation. In addition to and not in lieu of
the foregoing, the municipality may seek equitable and legal relief
to compel compliance with this Part.
