[Ord. 359, 10/26/2004, § 1; as amended by Ord.
401, 4/13/2010, § 1]
A person applying for a certificate of compliance or temporary
certificate of compliance.
Cash, certified check, or treasurer's check.
Any commonly accepted method of testing whereby dye is introduced
into the storm, surface or subsurface water collection system and
downspouts of structures or improvements to real property to determine
if surface stormwater is entering into the sanitary sewer system.
Real property on which any building, driveway or parking
pad, other surface or subsurface structure or improvement has been
constructed, installed or erected, where the real property or any
improvement on the real property is connected to the sanitary sewer
system.
Any natural person, association, partnership, corporation,
syndicate, institution, agency, authority, or other entity recognized
by law as the subject of rights and duties.
The sanitary sewer lines and related facilities maintained
and operated by the Township.
The sale, transfer, or assignment of any interest in real
property; provided, however, that a refinancing of real property,
without a conveyance, is not a sale or transfer under this Part.
Surface water and ground water, including, but not limited
to, roof and driveway drainage, basement seepage, and surface and
areaway drainage.
Any commonly accepted method of testing whereby a video camera
is inserted into and travels throughout the private lateral sewer
line of real property to determine if any illegal stormwater, ground
water, or surface water is entering the sanitary sewer system.
[Ord. 359, 10/26/2004, § 2]
After the date of this Part, it shall be unlawful for any person
to connect any rain leader, roof drain, downspout, gutter, parking
lot drain, driveway drain, interior or exterior sump, French drain,
spring or other collector or source of surface stormwater, including,
but not limited to, the fresh air vent of the improved and sewered
property's sanitary sewer, to the sanitary sewer system.
[Ord. 359, 10/26/2004, § 3]
After the date of this Part, it shall be unlawful for any person
to sell or transfer improved and sewered real property located within
the Township without having obtained and delivered to the buyer or
transferee, at or prior to closing or transfer, a certificate of compliance
or temporary certificate of compliance for the property being sold
or transferred.
[Ord. 359, 10/26/2004, § 4]
1.
At least 14 days prior to the date of closing or transfer of any improved real property located within the Township, the seller or transferor or its agent shall submit to the Township Manager an application for certificate of compliance, completed as required by Subsection 2 below. The certificate of compliance form shall be available upon request from the Township Manager. The fee for filing the completed application for certificate of compliance shall be established by the Township's Board of Supervisors from time to time by resolution.
2.
Prior to the sale or transfer of any improved real property located
within the Township, the seller or transferor shall have a dye test
of the property performed by a plumber licensed by the Allegheny County
Health Department to perform such tests or by such other person designated
or approved by the Township. Upon completion of the dye test, the
person who performed the test shall complete the appropriate section
of the application for certificate of compliance, confirming that
the property has been dye tested and certifying the results of the
test.
[Ord. 359, 10/26/2004, § 5]
1.
If the application for certificate of compliance, properly completed
and filed with the Township Manager with the designated filing fee,
indicates that there are no connections of surface stormwater to the
sanitary sewer system, then the Township Manager shall issue the certificate
of compliance within five days of application therefor.
2.
If the dye test reveals the existence of one or more surface stormwater
connections to the sanitary sewer system, Township Manager shall not
issue the certificate of compliance until the connections have been
removed and a plumber licensed by the Allegheny County Health Department
or other person approved the Township to do so has certified that
there is no connection of surface stormwater to the sanitary sewer
system from the property to be sold or transferred.
[Ord. 359, 10/26/2004, § 6]
1.
When a surface stormwater connection to the sanitary sewer system
is discovered and the necessary work to remove the connection would
require a length of time such as to create a hardship for the seller
or applicant, the seller or applicant may apply to the Township Manager
for a temporary certificate of compliance. The seller or applicant
must submit the following with the properly completed application:
A.
A bona fide executed contract with a plumber registered and licensed
by the Allegheny County Health Department requiring the plumber to
complete the remedial work necessary to the removal of the connections
of surface stormwater to the sanitary sewer system and granting the
Township the right and power to enforce the contract.
C.
The agreement of the purchaser or transferee to be responsible for
all cost overruns related to the remedial work, together with a license
from the purchaser or transferee to the Township, its agents, contractors,
and employees, to enter upon the property to complete the remedial
work in case of default by the contractor or the applicant.
D.
The filing fee established by the Township Board of Supervisors from
time to time by resolution.
2.
When dye testing cannot be performed because of weather conditions,
the seller or applicant may apply to the Township Manager for a temporary
certificate of compliance. The seller or applicant must submit the
following with the properly completed application:
A.
Cash security in the amount of $500.
B.
The written, signed agreement of the purchaser or transferee to correct,
at the purchaser's or transferee's sole expense, any surface
stormwater connections to the sanitary sewer system disclosed by the
subsequent dye test, together with a license from the purchaser or
transferee to the Township, its agents, contractors, and employees,
to enter upon the property to conduct the dye testing should the applicant
fail to do so. Nothing in this subsection shall prohibit any purchaser
or transferee from requiring the applicant to reimburse the purchaser
or transferee for any costs incurred in connection with such remedial
work; provided, however, that primary responsibility for the remedial
work and all costs thereof shall run with the land, and no such agreement
shall affect the Township's enforcement powers or excuse the
current owner of the property from performance.
C.
The filing fee established by the Township Board of Supervisors from
time to time by resolution.
3.
The Township Manager may reject the application for temporary certificate
of compliance whenever, in his or her sole judgment, the conditions
defined by this section do not exist or the submissions required by
this section have not been made.
4.
The temporary certificate of compliance shall be effective for 60 days, and the expiration date of the temporary certificate of compliance shall be noted on the certificate. If, upon the expiration of the temporary certificate of compliance, the seller or applicant has not applied for and received a certificate of compliance, as provided for in §§ 18-604 and 18-605 of this Part, the cash security shall be forfeited, and the Township may use the funds to complete the remedial work or the dye testing.
5.
The Application for temporary certificate of compliance form shall
be available upon request from the Township Manager.
[Ord. 359, 10/26/2004, § 7]
A request to the Township for a municipal lien letter or tax
verification letter must be accompanied by a valid certificate of
compliance or temporary certificate of compliance and by the appropriate
fee, which shall be established by the Township Board of Supervisors
from time to time by resolution. The Township shall issue the municipal
lien letter or tax verification letter within seven days of receipt
of the appropriately documented request and the applicable fee.
[Ord. 359, 10/26/2004, § 8]
A certificate of compliance issued under this Part shall be
valid for a period of one year from the date of issuance.
[Ord. 359, 10/26/2004, § 9]
The Township Manager is hereby empowered to make reasonable
rules and regulations for the operation and enforcement of this Part,
including, but not limited to: establishing the form of applications,
acknowledgments and certifications; and limiting the time of year
in which temporary certificate of compliance is available for reasons
of weather.
[Ord. 359, 10/26/2004, § 1; as amended by Ord.
401, 4/13/2010, §§ 2-5]
1.
As part of the document of certification application process, outlined in §§ 18-604 through 18-608 of this Part, in addition to the dye test performed by a plumber registered and licensed by the Allegheny County Health Department, the Township of North Fayette does hereby require a video camera inspection of the private sewer lateral performed by a plumber registered and licensed by the ACHD, a copy of which shall be submitted to the Township in such compatible digital format as may be specified from time to time by the Township.
[Amended by Ord. 445, 9/12/2017]
2.
When, as a result of a video camera inspection, it is determined
that there is a defect in the private lateral whereby stormwater,
surface water, or groundwater is being allowed to flow into the private
lateral, no document of certification will be executed until the private
lateral line is repaired. Following repair, a plumber registered and
licensed by the ACHD shall submit a written certification of such
repair(s), along with a copy of a post-repair video camera inspection
in such compatible digital format as may be specified from time to
time by the Township.
[Amended by Ord. 445, 9/12/2017]
3.
The Township is hereby empowered to make reasonable rules and regulations
for the operation and enforcement of the video camera inspection requirement.
All rules and regulations issued pursuant to this section shall be
in writing.
4.
This Part shall not preclude the Township from requiring video camera
inspections or other inspections of the "private systems" for the
purpose of locating defective piping which would allow surface or
ground water to enter the system.
[Ord. 359, 10/26/2004, § 10]
Nothing in this Part shall limit in any fashion whatsoever the
Township's right to enforce its ordinances or the laws of the
commonwealth. Nothing in this Part shall be a defense to any citation
issued by any municipal corporation or the commonwealth pursuant to
any other law or ordinance.
[Ord. 359, 10/26/2004, § 11; as amended by Ord.
418, 1/29/2014]
Any person who shall fail, neglect or refuse to comply with
any of the terms or provisions of this Part, upon conviction thereof
in an action brought before a magisterial district judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, 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 90 days. Each day
that a violation of this Part continues or each section of this Part
which shall be found to have been violated shall constitute a separate
offense.
[Ord. 359, 10/26/2004, § 14]
This Part shall not preclude the Township from conducting dye
testing or other testing or inspection, or implementing a program
of dye testing or inspection, within the Township for purposes of
discovering or locating the inflow of surface stormwater to the sanitary
sewer system.
