[Ord. 293, 11/18/1992, § 1]
PERSON — Any person, syndicate, association,
partnership, firm, corporation or the chief executive officer of any
corporation, institution, agency, authority, partnership or member
of such partnership, or other lawful entity.
A written letter from the Township concerning municipal liens
and real property taxes.
An official statement from the Township stating that there
are no illegal storm sewer or surface water connections to the sanitary
sewer lines on the real property to be sold, transferred, assigned
or mortgaged.
A temporary statement of certification from the Township issued pursuant to the provisions of § 18-804 of this Part.
The discharge of basement seepage or ground water or the
connection of downspouts, roof drainage, driveway drainage or surface
or areaway drainage into the sanitary sewer system.
The transfer or assignment, with or without consideration,
of any interest in real property situate within the Township whether
or not the same is to a person or persons related by blood to the
transferor.
The transfer, assignment, pledge or hypothecation of any
interest in real property situate within the Township to a lender
for value, which transfer, assignment, pledge or hypothecation is
evidenced by a mortgage, deed of trust or other security instrument.
Any commonly accepted method testing wherein dye and/or smoke
is introduced into the storm, surface or subsurface water collection
system and downspouts of real estate property to determine if illegal
stormwater or surface water is entering the sanitary sewer system.
[Ord. 293, 11/18/1992, § 2; as amended by Ord.
307, 3/2/1994; and by Ord. 372, 9/5/2001]
1.
After the effective date of this Part, any person or persons selling or mortgaging any interest in real property situate within the Township of Richland, as those terms are defined herein, shall be required to provide to the purchaser and to the appropriate Township officials designated hereafter a sanitary sewer certification, which certification shall be provided to the purchaser or designated Township officials on the time or times designated in § 18-803 of this Part.
2.
In the instance of a newly constructed home, built on either a "spec"
or contract basis, the sanitary sewer certification required by this
Part shall be applied for and acquired prior to the issuance of an
occupancy permit by the Township.
3.
In the instance where a sanitary sewer certification has been issued
by the Township within the past three years, any sale or mortgage
of the property shall not require the issuance of a new certification.
[Ord. 293, 11/18/1992, § 3]
Any person selling or mortgaging real property (hereinafter
"applicant") located within the Township shall make application on
a form furnished by the Township at least 21 days before the date
of sale or mortgage. The applicant shall then have a plumber who is
registered and licensed by the Allegheny County Health Department
perform a dye test on the property to be sold, transferred, assigned,
mortgaged or refinanced. Said plumber shall advise the Township of
the time and date that the dye test is to be performed by affording
the Township at least 48 hours advance notice. Such plumber shall
complete the appropriate portions on the form and certify the results
of such test. In the event that there are no illegal storm or surface
water connections or discharges, the Township Secretary, or his or
her designate, shall issue a sanitary sewer certification upon payment
of a fee of $25. When an illegal storm or surface water connection
or discharge is discovered by means of the above-mentioned dye testing,
no sanitary sewer certification will be issued until the illegal connections
or discharges are removed and certification of such removal by a registered
licensed plumber is received.
[Ord. 293, 11/18/1993, 54]
1.
A temporary sanitary sewer certification may be issued at the Township's
sole discretion when either:
A.
Applicant proves that dye testing cannot be performed because of
weather conditions. When such is the case, the applicant shall provide
the Township with security in the amount of $200 to guarantee that
the dye test will be performed. The applicant will cause to have performed
the dye test within 14 days of written notification from the Township
which will be given at such time as weather conditions make the dye
test possible. In addition, the applicant shall provide a signed,
written acknowledgment from the purchaser agreeing to correct, at
purchaser's sole expense, any violations that may be discovered as
a result of such subsequent dye tests. Nothing in this subsection
shall prohibit any purchaser from requiring applicant to reimburse
purchaser for any costs incurred; provided, however, primary responsibility
shall run with the land and no such agreement shall affect the Township
enforcement powers or excuse the seller, mortgagor or purchaser from
performance hereunder.
B.
When an illegal storm or surface water connection or discharge is
discovered and the necessary remedial activities to correct such connection
or discharge would require a length of time such as would create a
practical hardship for the applicant, applicant may apply to the Township
Secretary for a temporary sanitary sewer certificate which may only
be issued when the applicant provides the Township with all of the
following:
(1)
A bona fide, executed contract between the applicant and a registered
licensed plumber to complete the necessary remedial work with the
Township listed therein as a third party beneficiary;
(2)
Cash security in the amount of said contract is posted with
the Township; and
(3)
An agreement by the purchaser to be responsible for all cost
over-runs related to the remedial work together with a license to
enter upon the property to complete work in the case of default of
the contractor.
2.
The temporary sanitary sewer certification shall expire within 30
days after its issuance, and at the expiration of the same the security
thus posted shall be applied by the Township to have the necessary
remedial work completed. Any excess of funds remaining as security
shall be refunded to the applicant, but in the event that the security
posted is insufficient to complete the remedial work, the purchaser,
or in the case of a refinance, the property owner, shall be charged
for the same and shall be responsible for payment thereof.
[Ord. 293, 11/18/1993, § 5; as amended at time
of adoption of Code (see Ch. AO)]
1.
A request for a municipal lien, zoning certification or tax verification
letter must be accompanied by a valid sanitary sewer certification
and fees, in such amounts as set by the Township Board, which shall
be delivered at least seven days before such letters are to be provided.
2.
The Township shall from time to time have the authority to change
the fees required for the issuance of such letters by resolution which
shall be adopted from time to time by the Board of Supervisors of
the Township.
3.
Where requested by a property owner or his agent and subject to time
availability as determined solely by the Township Secretary, the Township
may issue municipal lien, zoning certification and tax verification
letters on two days notice upon the payment of a priority service
fee in such amount as set by the Township Board, in addition to the
fees set forth above.
[Ord. 293, 11/18/1993, § 6]
1.
The Board of Supervisors may from time to time adopt reasonable rules
and regulations for the operation and enforcement of this Part as
the same may become necessary, which shall include, but not be limited
to:
2.
Such rules and regulations shall be adopted at a regular meeting
of the Board of Supervisors and shall be posted in the office of the
Township Secretary.
[Ord. 293, 11/18/1993, § 7]
Nothing in this Part shall limit in any manner whatsoever the
Township's right to enforce its ordinances or the laws of the Commonwealth
of Pennsylvania. Nothing contained in this Part shall be construed
as or offered as a defense to any citation issued by any municipal
corporation or the Commonwealth of Pennsylvania pursuant to any other
law or ordinance.
[Ord. 293, 11/18/1993, § 8; as amended by Ord.
325, 7/3/1996; by Ord. 336, 2/5/1997; and at time of adoption of Code
(see Ch. AO)]
Any person who violates or permits a violation of this Part
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this Part that is violated shall also
constitute a separate offense.
[Res. 27-92, 12/16/1992; as amended by Ord. 325, 7/3/1996;
and by Ord. 336, 2/5/1997]
1.
Application shall be made at least 21 days prior to closing date
for sales and refinancing of properties, and 14 days prior to the
anticipated connection of occupied, existing homes to the system.
2.
A fee of $25 shall accompany the application.
3.
Sewer testing must be performed by a registered plumber licensed
by the Allegheny County Health Department. Said plumber shall give
Township 48 hours advance notice as to time and date dye test is to
be performed.
4.
Testing must include subsections (A),(B),(C),(D) ant (E), below,
and may include, but not necessarily be limited to, the following:
A.
Dye testing at each downspout, and area and driveway drains.
B.
Determine whether low-lying vents and traps are sources of inflow.
C.
Dye testing around all exterior low-lying vents and traps.
D.
Dye testing of sump pumps and holes in yard.
E.
Identification and dye testing of surface openings adjacent to the
foundation and along sewer lateral.
F.
Smoke testing building drain on house side of trap. This procedure
is mandatory for all new connections of occupied, existing homes to
the system.
G.
Dye testing and/or smoke testing of sewer laterals.
H.
Air-testing sewer lateral.
I.
Hydrostatic testing sewer lateral.
J.
Televising of main sewer and/or lateral sewer particularly during
period of saturated ground and/or precipitation.
K.
All testing shall be on a pass-fail basis with the Township having
the right to reject any tests or test results which it feels are inconclusive
or inaccurate.
5.
Applications for temporary sewer certificates shall include an agreement
signed by the purchaser accompanied with $200 security assuring that
the test will be completed when weather permits and any violations
that may be discovered will be corrected at purchaser's sole expense.
Applicant shall have dye test performed within 14 days of written
notification from the Township, which will be given when weather conditions
exist making the dye test possible.
6.
When an illegal connection or leakage is discovered and necessary
remedial activities to correct such connection or leakage would require
a length of time such as would create a practical hardship for the
applicant, applicant may apply to the Township for a temporary sewer
certificate which may only be issued when the applicant provides the
Township with all of the following:
A.
A bona fide executed contract between the applicant and registered
licensed plumber to complete the necessary remedial work with the
Township as a third part beneficiary.
B.
Cash security in the amount of said contract is posted with the Township.
C.
An agreement by the purchaser to be responsible for all cost over-runs
related to the remedial work together with a license to enter upon
the property to complete work in case of default of contractor.
D.
The temporary sewer certificates shall expire within 30 days after
its issuance, at which time the security posted shall be applied by
the Township to have the necessary remedial work completed.
7.
The sewer certificates shall not be issued until such time as all
illegal connections and/or leakages have been repaired and/or eliminated
and certification of such by retesting by a registered licensed plumber
is received.
8.
Sewer certificates are valid until the next sale, transfer, assignment,
mortgage or refinancing of the property. The Township shall, however,
reserve the right to require additional testing.
9.
Penalty. Failure to comply with the terms or provisions of Ord. 293
[Part 8A] or these regulations shall, upon conviction, subject the
offender to a $500 fine.
10.
The above regulations shall take effect on January 11, 1993.
