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Borough of Baden, PA
Beaver County
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[Adopted 12-20-2011 by Ord. No. 914]
As used in this article, the following terms shall have the meanings indicated:
CERTIFICATION DOCUMENT
An official written letter or statement for the Borough confirming that it has on file a written report or statement from a licensed plumber certifying there are no illegal stormwater or surface water connections into the sanitary sewer system which would violate the Borough or county ordinance, the state statutes, or Borough, county or state plumbing regulations.
DYE TEST
Any commonly accepted plumbing test whereby dye is introduced into the stormwater or surface water collection system of real property to determine if any stormwater or surface water is entering the sanitary sewer system.
ILLEGAL STORMWATER OR SURFACE WATER
The inflow, infiltration and/or discharge of stormwater, surface water, basement seepage, downspouts, roof drainage, areaway drainage, or non-sanitary-sewer discharge into the Borough's sanitary sewer system.
TEMPORARY CERTIFICATION DOCUMENT
A written report/statement from the Borough issued pursuant to § 152-30 of this article.
[Amended 12-14-2016 by Ord. No. 951]
A. 
From and after the effective date of this article, it shall be unlawful for any person to sell, convey, transfer, or purchase real property located within the Borough on which a building or improvement exists without first obtaining a certification document or temporary certification document from the Borough as required under this article.
B. 
This article shall apply to any transfer of property, whether by sale, gift, exchange, inheritance, bequest, or deed in lieu of mortgage foreclosure, except that this article shall not apply where a joint owner with right of survivorship or a tenant by the entireties acquires full ownership of the property upon the death of the co-owner.
[Amended 12-14-2016 by Ord. No. 951]
Any person selling, conveying, transferring, or purchasing real property located within the Borough (hereinafter "applicant") shall apply for a certification document on a Borough-approved form at least 21 days prior to the date of closing and pay such fee as the Borough establishes by resolution. Said applicant shall have a dye test performed by a licensed plumber on the real property to be sold, conveyed, transferred, or purchased. Upon completion of the dye test, the plumber shall supply to the Borough a written confirmation that the necessary dye test has been performed and certifying the results of such test. In the event the said plumber certifies that no illegal stormwater or surface water connections are on the property, the Borough Secretary or his or her designated representative shall issue the certification document. If the dye test reveals the existence of an illegal stormwater or surface water connection, the Borough Secretary shall not issue the certification document until the illegal connection has been removed and certification of the correction has been provided by a licensed plumber.
[Amended 12-14-2016 by Ord. No. 951]
A. 
In the event an illegal stormwater or surface water connection is discovered and the necessary remedial correction could not be performed by the applicant prior to the date of closing on the sale, conveyance, transfer, or purchase of the property without creating an undue hardship, the applicant may apply to the Borough Secretary for a temporary certification document, provided there is strict compliance with the following conditions:
(1) 
The Borough Secretary or designee is provided with an executed contract between the applicant and a licensed plumber that requires the plumber to complete the necessary remedial work to correct and/or remove the illegal stormwater or surface water;
(2) 
Cash security in the amount of 110% of the aforementioned contract price is deposited with the Borough to be held by the Borough in a non-interest-bearing account;
(3) 
A written acknowledgement and notarized agreement is provided to the Borough under which the seller, purchaser, grantee, transferee, or devisee agrees to be responsible for all cost overruns related to the remedial work, together with an agreement granting the Borough license to enter the property to complete the work at the expense and cost of the seller or purchaser should the agreement provided in Subsection A(1) of this section not be completed.
B. 
The Borough Secretary or his or her designee shall determine the expiration of the temporary certification document, taking into consideration the extent of the work required and the conditions then existing. If, upon expiration of the temporary certification document, all remedial work has not been completed, the monies deposited with the Borough shall be forfeited, and the Borough may use such security to have the required remedial work completed. Any cost overrun exceeding the cash security shall remain the liability of the seller, purchaser, grantee, transferee, or devisee and constitute a lien against the real estate.
The Borough may, by resolution, adopt any or all of the following in order to accomplish the purposes of this article:
A. 
Establish the application form, the purchaser acknowledgement form, the plumber's certification form, and the form of the certification document and temporary certification document, and the fee for issuance of the same.
B. 
Establish the procedures and guidelines for the retention, release, and/or payment of any security fund held by the Borough under § 152-30 above.
Whosoever violates any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of no less than $300 and no more than $1,000. The continuation of a violation shall, for each day after notice, constitute a separate offense.