[Adopted 6-5-1995 by Ord. No. 193 (Ch. 18, Part 5, of the 1995 Code)]
This part shall apply to existing single-family, multifamily or condominium dwelling units and/or nonresidential, industrial, institutional or commercial property within the Township transferred by title, deed or other legal means and already connected to the Lower Pottsgrove wastewater system for sewage service.
[Amended 5-21-2020 by Ord. No. 349]
No existing property shall be occupied by a new owner as a result of a transfer of title, deed or other legal means until a sewer inspection has been completed and a certificate of sewer inspection has been issued by the Township Municipal Authority, or its designee.
[Amended 5-21-2020 by Ord. No. 349]
A sewer inspection certificate shall be issued in accordance with the following standards and procedures:
A. 
Application. Applications for sewer inspection certificates shall be filed with the Lower Pottsgrove Township by the seller or agent for the buyer of the property no later than 15 business days prior to the settlement and/or transfer of ownership between buyer and seller. Application shall contain such information as the Township Authority may require. Once issued, the sewer inspection certificate shall be valid for 90 days.
B. 
Fees. A fee shall be charged for each property inspected (property inspection application fee). The fee shall be submitted with the application form. The fee for each residential dwelling unit shall be $40. The fee for each commercial and/or institutional property or unit shall be $55. The fee for each industrial property or unit shall be $60. An additional $20 fee shall be imposed on any application that is not timely submitted (priority inspection fee). All fees described in this article shall be modified and amended by the Board of Commissioners by formal resolution.
C. 
Inspections procedure. Upon receipt of a completed application, the authority, or its designee, shall make best efforts to conduct an inspection of the property within 10 business days to determine compliance with the minimum standards and requirements set forth by the authority in its adopted rules and regulations and by this chapter, Sewers and Sewage Disposal. If the property owner and/or realtor of the property owner fails to appear for any inspection without contacting the Township in advance of the inspection appointment, there shall be an additional $20 fee imposed (non-appearance fee).
D. 
Approval. Upon successful inspection of the property, a sewer inspection certificate shall be issued to the applicant. If, however, during the inspection, a violation is determined, the seller shall be notified in writing of the violation or violations and recommended remedial action for compliance.
E. 
Follow-up inspection. Upon correction of all violations, the applicant shall notify the Authority or its designee in writing for a follow-up inspection which shall be conducted within five business days from notification. If the violation(s) is addressed in the follow-up inspection, the property is then determined to be in compliance with Township standards, a sewer inspection certificate shall be issued to the seller. If a second and/or any subsequent follow-up inspection is required due to the fact that the applicant did not comply with the violation report, the seller/applicant shall be charged an additional $20 for each subsequent follow-up inspection (reinspection fee).
F. 
Sewer inspection certificate. The validity of this certificate is contingent upon compliance with the applicable Township ordinance and it is revocable upon violation of those ordinances. The certificate does not warranty or guarantee on the part of the Authority, Township or any officer, agent or employee of the soundness, fitness, safety or adequacy of the facilities inspected. The certificate shall not be deemed to give rise to any liability on the part of the Authority, Township or any officer, agent, employee or designee thereof. All such liability and any remedy therefor shall remain that of the builder, owner or transferor of any structure covered hereby.
G. 
Conditional certificate. Where due to the condition of any unit or property a sewer inspection is unable to be accomplished, a temporary certificate shall be issued to the seller/applicant for a period not to exceed 60 days in order to allow a sewer inspection to occur. The failure of the seller/applicant/buyer to timely request reinspection shall be a violation of this article. Where the temporary certificate has expired, the Township shall impose an additional $20 fee upon the applicant (expired temporary certification fee) prior to any reinspection and issuance of a final/permanent sewer inspection certificate.
H. 
Sanitary sewer billing. No sewer inspection certificate shall become valid and final until the applicant has satisfied any sanitary sewer rents and/or liens to the Township Authority.
For purposes of implementation of this part, the Authority designee shall be the Township of Lower Pottsgrove, its professional and inspection staff under the direction of the Township Manager. This designation may be changed by adoption of a resolution of the Authority Board.
[Amended 5-21-2020 by Ord. No. 349]
Any person, seller, realtor or other person responsible to notify the Township Authority or its designee who fails to secure a valid sewer inspection certificate as required by this part, or otherwise violates any portion of this part/article, shall be guilty of a summary offense and upon conviction thereof by a Magisterial District Justice be sentenced to pay a fine of not less than $300 or more than $1,000 plus costs. Each day that a violation continues shall be deemed a separate offense.