[Ord. 559, 11/4/1998, § 1; as amended by Ord. 698, 5/10/2017]
- DOCUMENT OF CERTIFICATION
- An official statement issued by the Township or the Municipal Authority stating that there are no illegal storm, surface or subsurface water connections into the sanitary sewer system, and that the lateral passed inspection on the property to be sold or transferred.
- ILLEGAL STORM OR SURFACE OR SUBSURFACE WATER CONNECTIONS
- The discharge of basement seepage or groundwater or other subsurface water, or the connection of downspouts, roof drainage, or surface drainage into the sanitary sewer system.
- SANITARY SEWER SYSTEM
- The sanitary sewer systems within the Township of Collier owned and/or operated by the Township or Municipal Authority or their successors in interest.
- SELL or TRANSFER
- The sale, transfer or assignment of any interest in real property, including refinancing, except for transactions solely between spouses in the event of marriage, divorce or death, and transactions consisting of the transfer of real estate into a trust in which the current owner(s) is(are) exclusively named beneficiary.
- SEWER LATERAL
- The sewer line or lateral connecting the structure served to the sanitary sewer system for the entire distance from the structure to the point in the road right-of-way or sewer easement where a connection to the sewer main is available.
- TEMPORARY DOCUMENTS OF CERTIFICATION
- A temporary statement from the Township or Municipal Authority issued pursuant to the terms of § 18-124 of this Part and/or Resolution No. 01-12-2017-01 of the Municipal Authority, as may be amended.
- The Township of Collier.
[Ord. 559, 11/4/1998, § 2; as amended by Ord. 613, 5/9/2006, § I; and by Ord. 698, 5/10/2017]
After the effective date of the Part, it shall be unlawful for any person to sell or transfer real property more than two years from the date of any approved dye test, or more than five years from any approved sewer lateral inspection, within the Township of Collier, on which a building or improvement exists, without first having a dye test and/or sewer lateral inspection performed by an Allegheny County licensed plumber and then delivering to the purchaser a document of certification or temporary document of certification issued by the Township or the Municipal Authority. Further, it shall be unlawful for any person, firm, or corporation to occupy or re-occupy all or part of any commercial or industrial structure, located within the Township of Collier, that has been closed for in excess of 90 days for which there will be a change in the use of occupancy without first having a dye test performed by an Allegheny County licensed plumber and then attaining a document of certification or temporary document of certification issued by the Township or the Municipal Authority pursuant to the procedure contained in this Part.
[Ord. 559, 11/4/1998, § 3; as amended by Ord. 698, 5/10/2017]
Any person intending to sell or transfer real property located within the Township of Collier more than two years after the date of an approved dye test or five years after the date of an approved sewer lateral inspection shall make application on a form furnished by the Municipal Authority or the Township at least 20 days before the date of sale or transfer. The Municipal Authority or Township shall then have a master plumber as designated/approved by the Authority or Township and who is registered and licensed by the Allegheny County Health Department perform a dye test and a lateral inspection at the property to be sold. Such master plumber shall complete the appropriate portions on the form and certify that the property has been dye tested and/or that the lateral has been inspected and shall certify the results of such test and/or inspection. In the event that there are no illegal storm, surface water or subsurface water connections, and if the lateral test is passed, the Municipal Authority or Township Manager or designee shall execute a document of certification. When an illegal storm, surface or subsurface water connection is discovered by means of the above-mentioned dye testing, or when a lateral fails to pass inspection, no document of certification will be executed until the illegal connections and/or the lateral are replaced or relined and certification of such removal and such relining or replacement by a registered licensed plumber is received.
[Ord. 559, 11/4/1998, § 4; as amended by Ord. 698, 5/10/2017]
A temporary document of certification may be issued at the Municipal Authority's or Township's sole discretion when either:
The applicant proves that the dye testing cannot be performed because of weather conditions. When such is the case, the applicant shall provide the Municipal Authority or Township with security in the amount of $500, or such other amount as the Municipal Authority or Township may set from time to time by resolution, to guarantee that the dye test will be performed. In addition, the applicant shall provide a signed, written acknowledgement, in the form acceptable to the Municipal Authority or Township, 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 section shall prohibit any purchaser from requiring the applicant to reimburse the purchaser for any costs incurred; provided, however, 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 Part.
When an illegal storm, surface or subsurface 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 or Township Manager or designee for a temporary document of certification which may only be issued when the applicant provides all of the following: 1) cash security in the amount of any estimated repair costs in a form acceptable to the Township or Authority; and 2) an agreement by the purchaser in a form acceptable to the Township or Authority to be responsible for all cost over-runs related to the remedial work. The Municipal Authority or Township may determine by regulation when such temporary document of certification shall expire, at which time the security shall be forfeited. Unless a different time is set by regulation of the Municipal Authority or Township, a temporary certificate shall expire 60 days after the date of issuance of the certificate.
When lateral inspection cannot be performed due to weather conditions, or cannot be performed prior to a scheduled closing, or where a lateral fails testing and the necessary remedial activities would require a length of time such as to create a hardship for the applicant, the applicant may seek temporary approval under § 18-130, Subsection 1E, below.
[Ord. 559, 11/4/1998, § 5; as amended by Ord. 698, 5/10/2017]
Upon satisfaction meeting the conditions set forth herein, where requested by a property owner or his agent, the Municipal Authority or Township will issue a Municipal Authority or Township lien certificate letter on five days' notice upon the payment of an expedition fee equal to those expedited costs charged to the Municipal Authority or Township by the dye testing or lateral inspection company that will perform the testing or inspection.
[Ord. 559, 11/4/1998, § 6; as amended by Ord. 698, 5/10/2017]
The Municipal Authority and Township are hereby empowered to make reasonable rules and regulations for the operation and enforcement of this Subpart 1C as it deems necessary, which shall include, but not be limited to:
Establishing acceptable forms of security or guarantees.
Establishing the form of 1) application, 2) purchaser acknowledgements, and 3) plumber certification.
Limiting the times of the year in which temporary document of certification is available for reasons of weather.
Criteria for exemptions of this Subpart 1C.
All rules and regulations issued pursuant to this section shall be in writing and approved by the Municipal Authority or Township with respect to the sanitary sewers they may each operate, and such approval shall be recorded in the minutes of the Authority.
[Ord. 559, 11/4/1998, § 7]
The members of the Collier Township Municipal Authority may change from time to time the fees set forth in this Part by resolution of the members of the Municipal Authority, subject to the approval of the Board of Commissioners of the Township of Collier.
[Ord. 559, 11/4/1998, § 8]
Nothing in this Part shall limit in any fashion whatsoever the Township's right to enforce its ordinance or the laws of the Commonwealth. Nothing in this Part shall be a defense to any citation issued by a municipal corporation or the Commonwealth pursuant to any other law or ordinance.
[Ord. 559, 11/4/1998, § 9; as amended by Ord. 652, 4/13/2011; and by Ord. 698, 5/10/2017]
Any person, firm, or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense. Should the Municipal Authority or Township seek to enforce this Part 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 or to correct a lateral that fails inspection, the property owner shall be responsible for all legal fees and court costs incurred by the Municipal Authority or the Township to enforce this Part.
[Ord. 698, 5/10/2017]
The following minimum standards shall govern sewer lateral inspections and replacement/repair:
The property owner shall submit an application form and make payment of fees associated with the lateral testing at least 20 days prior to the date of sale.
All testing shall be on a pass-fail basis. If the lateral fails, then the entire lateral shall be replaced or relined in accordance with the Allegheny County Plumbing Code. One spot repair of the lateral pipe will be allowed only if the lateral pipe is composed entirely of polyvinyl chloride (PVC) or Acrylonitrile Butadiene Styrene (ABS) and there are no other structural defects observed during inspection.
All third-party registered plumbers must comply with the requirements of this Subpart and any regulations adopted to implement this Subpart. The plumber shall provide personnel certified through the NASSCO Lateral Assessment and Certification Program and thoroughly knowledgeable with the NASSCO Condition Grading System.
In an effort to lower the testing costs and maintain consistency in testing results, the Municipal Authority or the Township may publically bid an annual contract for the testing work through the competitive bidding process or otherwise.
It is required that laterals be tested in the following manner:
A basic property inspection of roof leaders, driveway drains, stairwell drains, sump pumps, and all other area drains. If the discharge point of these drains is not evident, the plumber shall insert dye into the suspected drain, roof leader or sump pump to determine the ultimate discharge point. Should an illegal connection be confirmed, the test shall be deemed as a fail, and the illegal connection(s) must be removed and rerouted immediately.
Property sump pumps will be operated with dye-colored water to verify discharge location. The test shall be considered a failure if the water enters the sanitary sewer system, and the discharge pipe must be removed and rerouted immediately.
A camera shall be inserted into the lateral through a cleanout, inside floor drain, or excavation. The pipe shall be evaluated per the NASSCO Condition Grading System. Any lateral that has a structural defect rating of three or higher, shows signs of any infiltration, or has roots present shall require complete replacement or rehabilitation. Other deficiencies observed but not listed herein, as determined by the Authority or Township and at their discretion, may constitute a failure also.
If it is necessary to excavate an access point for the camera insertion, a plumber chosen by the homeowner or applicant, and at the homeowner's or applicant's expense, shall install a cleanout at this location to facilitate future maintenance of the lateral. The cleanout shall be provided with a cast-iron frame and cover in paved areas and other areas subject to vehicular traffic.
The Authority and Township reserve the right to reject any tests or test results which they determine to be inconclusive or inaccurate. If this is the case, the Authority or Township may require further testing at the property owner's expense.
Foundation drains connected into the sanitary sewer lateral are illegal connections. The Authority and Township reserve the right to require further testing if it is suspected that the building foundation drain is connected to the sanitary sewer.
The property owner is required to replace or reline the entire lateral at his or her own expense. Work shall be in accordance with the Allegheny County Plumbing Code regulations. Inspection of all work shall be completed by Allegheny County and the Authority or Township. Any fees pertaining to these inspections shall be the responsibility of the property owner. The inspection must occur prior to backfilling of the pipe trench.
All work must be completed within 60 days of notification of failure unless otherwise extended by the Authority or Township.
Cured-in place liners must be televised after installation. A copy of the post lining CCTV video shall be provided to the Authority or Township for inspection.
Lateral Testing Exemptions.
Laterals that are less than five years old; are constructed of polyvinyl chloride (PVC), Acrylonitrile Butadiene Styrene (ABS), or other approved materials; and were inspected by the Authority or Township and Allegheny County are exempt from the lateral testing requirements.
Properties that have passed lateral testing shall be exempt from further camera testing for a period of five years. Lateral dye tests are valid for a period of two years.
When testing cannot be performed due to weather conditions, the property owner shall provide the Authority or Township with security in the amount of $3,000 to guarantee that the appropriate test will be performed. In addition, the property owner shall provide a signed written acknowledgement from the purchaser of the property, agreeing to correct, at the said purchaser's sole expense, any violations/defects that may be discovered as the result of the lateral testing.
The lateral testing shall be performed as soon as possible at such time weather conditions make testing possible.
In cases where it is determined by the Authority or Township that lateral testing cannot be performed prior to a scheduled closing between a purchaser and a seller, the purchaser may apply for temporary approval, upon the written agreement, to escrow from the real estate closing the sum of $3,000 in favor of the Authority or Township, which funds are to be used to perform the required testing and, if necessary, to correct any and all lateral testing failures found as a result of inspection.
In the event there is a balance left in the escrow account after the corrections have been completed, the same shall be refunded from the escrow agent to the purchaser. In the event there is a shortage of funds, the seller shall be required to make up the difference in costs for said corrections. The Authority or Township may reject or approve such an application as it deems necessary after a preliminary visual investigation of the property in question.
When a lateral fails the testing and the necessary remedial activities to correct said failures would require a length of time such as to create a practical hardship for the applicant, the applicant may apply to the Authority or Township for temporary approval, which may only be issued when the applicant provides the Authority or Township with all of the following:
A bona fide executed contract between the applicant and a registered plumber to complete the necessary remedial work with the Authority or Township listed therein as a third-party beneficiary;
Security in the amount of said contract as posted with the Authority or Township;
An agreement by the purchaser to be responsible for all cost over-runs related to the remedial work, together with a license to the Authority or Township to enter upon the property to complete work in case of default by the contractor. The Authority or Township shall determine when such temporary approval shall expire, at which time the security shall be forfeited. The Authority or Township shall use the security to have the necessary remedial work completed.