[Adopted 2-10-1997 by Ord. No. 401]
As used in this article, the following terms shall have the meanings
indicated:
An official statement to the Municipal Authority stating that there are no illegal stormwater or surface water connections into the sanitary sewer connections on the property to be sold which violate Article I of this chapter.
Any commonly accepted method of testing wherein dye is introduced
into the storm-, surface or subsurface water collection system and downspouts
of real property to determine if any illegal stormwater or surface water is
entering the sanitary sewer system.
The discharge of basement seepage or groundwater or the connection
of downspouts, roof drainage or surface drainage into the sanitary sewer system.
The Municipal Authority of the Township of South Fayette or its successor
in interest.
A written letter from the Municipal Authority concerning municipal
liens.
Any person, syndicate, association, partnership, firm, corporation,
institution, agency, authority, partnership or other entity recognized by
law as the subject of rights and duties.
The sanitary sewer system within the Township of South Fayette operated
by the Municipal Authority of the Township of South Fayette or its successors
in interest.
A temporary statement from the Municipal Authority issued pursuant to the terms of § 200-29 of this article.
After the effective date of this article, it shall be unlawful for any
person to sell real property within the Township of South Fayette on which
a building or improvement exists without first delivering to the purchaser
a document of certification or a temporary document of certification from
the Municipal Authority.
Any person selling real property located within the Township of South
Fayette shall make application on a form furnished by the Municipal Authority
at least 14 days before the date of sale. The applicant shall then have a
plumber, as designated/approved by the Authority and who is registered and
licensed by the Allegheny County Health Department, perform a dye test on
the property to be sold. Such plumber shall complete the appropriate portions
on the form and certify that the property has been dye tested and certify
the results of such test. In the event that there are no illegal storm- or
surface water connections, the Municipal Authority Manager or his designee
shall execute a document of certification. When an illegal storm- or surface
water connection is discovered by means of the above-mentioned dye testing,
no document of certification will be executed until the illegal connections
are removed and certification of such removal by a registered licensed plumber
is received.
A temporary document of certification may be issued at the Municipal
Authority's sole discretion when either:
A.
The applicant proves that dye testing cannot be performed
because of weather conditions. When such is the case, the applicant shall
provide the Municipal Authority with security in the amount of $200 to guarantee
that the dye test will be performed. In addition, the applicant shall provide
a signed, written acknowledgment, in a form acceptable to the Authority, from
the purchaser agreeing to correct, at the purchaser's sole expense, any
violations that may be discovered as a result of subsequent dye tests. Nothing
in this subsection shall prohibit any purchaser from requiring the applicant
to reimburse the purchaser for any costs incurred; provided, however, that
primary liability shall run with the land, and no such agreement shall affect
the municipality's enforcement powers or excuse the purchaser from performance
nor affect the township's enforcement of this article; or
B.
When an illegal storm- or surface water connection is
discovered and the necessary remedial activities to correct such connection
would require a length of time such as to create a practical hardship for
the applicant, the applicant may apply to the Municipal Authority Manager
for a temporary document of certification which may only be issued when the
applicant provides the municipality with all of the following:
(1)
A cash security in the amount of any estimated repair
costs in a form acceptable to the township/Authority; and
(2)
An agreement by the purchaser in a form acceptable to
the township to be responsible for all cost overruns related to the remedial
work. The Municipal Authority shall determine by regulation when such temporary
document of certification shall expire, at which time the security shall be
forfeited.
Upon satisfactorily meeting the conditions as set forth herein, where
requested by a property owner or his agent, the Municipal Authority will issue
a Municipal Authority lien certification letter on two days' notice upon
the payment of an expedition fee as adopted by resolution from time to time
by the Board of Commissioners and on file in the township offices.
A.
The Municipal Authority is hereby empowered to make reasonable
rules and regulations for the operation and enforcement of this article as
it deems necessary, which shall include but not be limited to:
(1)
Establishing acceptable forms of security or guaranties;
(2)
Establishing the form of application, purchaser acknowledgments
and plumber certification;
(3)
Limiting the times of year in which temporary document
of certification is available for reasons of weather; and
(4)
Criteria for exemptions from this article.
B.
All rules and regulations issued pursuant to this section
shall be in writing and approved by the Municipal Authority, and such approval
shall be recorded in the minutes of the Authority.
The members of the Municipal Authority may change, from time to time,
the fees set forth in this article by resolution of the members of the Municipal
Authority, subject to the approval of the Board of Commissioners of the Township
of South Fayette.
Nothing in this article shall limit in any fashion whatsoever the township'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 an municipal corporation
or the commonwealth pursuant to any other law or ordinance.
Any person who shall fail, neglect or refuse to comply with any terms
or provisions of this article or of any regulation or requirement pursuant
thereto and authorized thereby shall, upon conviction before any District
Justice be sentenced to pay a fine of $1,000, plus costs of prosecution and,
in default of such fine and costs, to imprisonment in the county jail for
a term not to exceed 30 days.
This article shall not preclude the Municipal Authority from performing
area dye testing/smoke testing programs or other inspections of the private
systems for the purpose of locating defective piping which would allow surface
or groundwater to enter the system. The Municipal Authority will do so at
its own expense.
