[HISTORY: Adopted by the Collier Township Municipal Authority as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-9-1998 by Res. No. 04-09-98-01]
A full and complete written request, with prepayment of the applicable fee, must be submitted to the Collier Township Municipal Authority ("Authority") for each and every request for a document of certification or municipal lien letter prior to the sale, or transfer, of any real estate on which a building or other improvement exists. Prior to the issuance of the document of certification or municipal lien letter by the Authority, the Authority will cause to be performed a dye test of the property, at a cost to the applicant, so as to determine the status of the connection of the property to the sewer system and to verify that there is no improper or illegal connection to the sewer system. The inspection will identify and verify the location of the gutters and where each gutter drains and discharges, the location of the trap and cleanout, that there are no sump pumps on the property, that the basement shows no evidence of a french drain, that there are no driveway drains or yard drains connected to the sewer system and that the house lateral is connected to the sewer system along with the location of the manhole inspected. This inspection will be in the manner and form necessary to satisfy the Authority that there are no sources of connection of the property to the sanitary sewer system that will allow extraneous water to enter the sanitary sewer system.
Properties with improvements which are not served by the public sanitary system are exempt from testing, provided that the owners certify to the Authority and the transferee of the property that no portion of the property is connected to the sanitary sewer system and provide documentation of the method of sewer service to all existing buildings.
Buildings or real estate on which buildings or other improvements have been constructed in accordance with a valid Collier Township building permit, issued within nine months prior to the request for a lien letter and which are accompanied by a copy of the building permit and copies of reports showing that the building has been inspected by the Engineer for the Authority and the Plumbing Division of the Allegheny County Health Department and which have not been formerly occupied, may be sold or conveyed without evidence of compliance as required by this resolution, provided that the seller provides proof of these inspections of the sewer system by the Engineer for the Authority and the Allegheny County Plumbing Division and, further, that there is no record of improper connection by the Township Building Inspector or the Engineer for the Authority.
Individual units within a condominium complex may be sold without individual certification, provided that the building in which they are located has been inspected and the building connection certified not longer than two years previous to the date of the sale of a unit.
A temporary document of certification may be issued by the Authority upon written request of the owners and the purchasers of the property should the weather or other extraordinary conditions delay the testing of the property. The purchasers must agree to be fully and completely liable for all violations located and agree to correct the same within 90 days of notice of the violation at the full and complete expense of the purchaser. Each temporary document of certification or municipal lien letter shall be accompanied by a security deposit of $500, which may be used by the Authority to cover all costs associated with the enforcement of any violation notice.
All temporary documents of certification shall automatically expire four months from the date of issuance, at which time any security posted shall be forfeited unless any noted violations have been corrected.
The only acceptable forms of security or guarantee shall be cash or certified check.
[Adopted 4-9-1998 by Res. No. 04-09-98-02]
As used in this article, the following terms shall have the meanings indicated:
- The Collier Township Municipal Authority or its successors in interest.
- DOCUMENT OF CERTIFICATION
- An official statement to the 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, Dye Testing, of this chapter (Res. No. 04-09-98-01).
- DYE TEST
- Any commonly accepted method of testing wherein dye is introduced into the stormwater, surface water 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.
- ILLEGAL STORMWATER OR SURFACE WATER CONNECTIONS
- The discharge of basement seepage or groundwater or the connection of downspouts, roof drainage or surface drainage into the sanitary sewer system.
- MUNICIPAL AUTHORITY NO-LIEN LETTER
- A written letter from the Authority concerning municipal liens.
- Any person, association, partnership, firm, corporation, institution, agency, authority, or other entity recognized by law as the subject of rights and duties.
- SANITARY SEWER SYSTEM
- The sanitary sewer system within the Township of Collier operated by the Authority or its successors in interest.
After the effective date of this resolution, it shall be unlawful for any person to sell real property within the Township of Collier 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 Authority.
Any person selling real property located within the Township of Collier shall make application on a form furnished by the Authority at least 14 days before the date of sale. Upon application and deposit of the required fees, the Authority shall cause the necessary dye test and inspections to be performed and then 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 stormwater or surface water connections, the Authority designee shall execute a document of certification. When an illegal stormwater 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 is verified by a subsequent inspection arranged by the Authority at the cost of the applicant and written verification of the correction is received.
A temporary document of certification may be issued at the Authority's sole discretion when either:
The applicant proves that dye testing cannot be performed because of weather conditions. When such is the case, the applicant shall provide the Authority with security in the amount of $500 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 Authority's enforcement of this resolution; or
An illegal stormwater or surface water connection is discovered and the necessary remedial activities to correct such connection would require a length of time so as to create a practical hardship for the applicant, the applicant may apply to the Authority Manager for a temporary document of certification which may only be issued when the applicant provides the Authority with all of the following: (i) cash security in the amount of any estimated repair costs in a form acceptable to the Authority; and (ii) an agreement to the purchaser in a form acceptable to the Authority to be responsible for all cost overruns related to the remedial work. The 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 Authority will issue a document of certification on five days' notice and upon the payment of an expedition fee equal to those expedited costs charged to the Authority by the dye testing company that will confirm the testing.
The Authority is hereby empowered to make reasonable rules and regulations for the operation and enforcement of this resolution as it deems necessary, which shall include, but not be limited to:
Establishing acceptable forms of security or guarantees.
Limiting the times of year in which temporary document of certification is available for reasons of weather.
Criteria for exemptions from this resolution.
All rules and regulations issued pursuant to this section shall be in writing and approved by the Authority, and such approval shall be recorded in the minutes of the Authority.
The members of the Authority may change from time to time the fees set forth in this resolution by resolution of the members of the Authority.
Nothing in this resolution shall limit in any fashion whatsoever the Authority's right to enforce its rules and regulations and other resolutions or the laws of the commonwealth. Nothing in this resolution shall be a defense to any citation issued by the Authority or the commonwealth pursuant to any other law or resolution.
Any person who shall fail, neglect or refuse to comply with any terms or provisions of this resolution or of any regulation or requirement pursuant thereto and authorized thereby shall, upon conviction before any Magisterial District Judge, be sentenced to pay a fine of $500. Should the Authority seek to enforce this resolution by litigation in the Court of Common Pleas because of the refusal or failure of a property owner to correct and eliminate a discovered unlawful or illegal sewer connection, the property owner shall be responsible for all legal fees and court costs incurred by the Authority to enforce this resolution.
This resolution shall not preclude the 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 water or groundwater to enter the system. The Authority will do so at its own expense.
This resolution shall be effective June 1, 1998.