[Ord. 376, 10/18/2004, § 84-24]
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 Borough of Thornburg.
The sale, transfer or assignment of any interest in real
property, except for transactions solely between spouses and the refinancing
of real property without a conveyance.
[Amended by Ord. No. 409, 3/13/2017]
The sewer line or lateral connecting the structure served
to the sanitary sewer system for the entire distance from the structure
to the connection at the Borough sewer main line, including all necessary
fresh air vents, traps and cleanouts.
[Added by Ord. No. 409, 3/13/2017]
Surface water and ground water including, but not limited
to, roof and driveway drainage, basement seepage, and surface and
areaway drainage.
[Ord. 376, 10/18/2004, § 84-25]
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. 376, 10/18/2004, § 84-26; as amended by Ord.
387, 12/14/2009]
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 Borough of Thornburg 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. A certificate of compliance issued by the
Borough subsequent to a Borough dye testing program shall be sufficient
proof of compliance hereunder for a period of one-year from the date
of testing.
[Ord. 376, 10/18/2004, § 84-27; as amended by Ord. No. 409, 3/13/2017]
1.
At least 45 days prior to the date of closing or sale or transfer of any improved real property located within the Borough of Thornburg, the seller or transferor or their agent shall submit to the Borough Secretary/other designated Borough representative an application for a certificate of compliance, completed as required by Subsection 2 below. The certificate of compliance form shall be available upon request from the Borough Secretary. The fee for filing the completed application for certificate of compliance shall be established by the Council of the Borough of Thornburg from time to time by resolution.
2.
Prior to the sale or transfer of any improved real property located
within the Borough of Thornburg, the seller or transferor shall have
a dye test of the property and a televised inspection of the sewer
lateral performed by a plumber licensed by the Allegheny County Health
Department to perform such tests/inspections and approved by the Borough
of Thornburg. Upon completion of the dye test and televised inspection,
the person who performed the test and inspection shall complete the
appropriate section of the application for a certificate of compliance,
confirming that the property has been dye tested and the sewer lateral
inspected and certifying the results of the test and inspection.
[Ord. 376, 10/18/2004, § 84-28; as amended by Ord. No. 409, 3/13/2017]
1.
All testing shall be on a pass-fail basis. If the lateral fails,
then the lateral shall be repaired or replaced in accordance with
the Allegheny County Plumbing Code or relined as may be approved by
the Borough. If a spot repair of the lateral pipe is performed, the
lateral must be retested and must pass.
2.
If the application for a certificate of compliance, properly completed
and filed with the Borough Secretary, with the designated filing fee,
indicates that there are no connections of surface stormwater or subsurface
water to the sanitary sewer system and that the sewer lateral passed
inspection, then the Borough Secretary or other Borough designee shall
issue the certificate of compliance within 10 days of application
therefor.
3.
If the dye test reveals the existence of one or more connections
of surface stormwater or subsurface water to the sanitary sewer system,
or if the sewer lateral inspection reveals defects, the Borough Secretary
shall not issue the certificate of compliance until the illegal or
improper connections have been removed and/or lateral defects corrected
and a plumber licensed by the Allegheny County Health Department and
approved by the Borough of Thornburg 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 and/or that any sewer
lateral defects have been corrected.
[Ord. 376, 10/18/2004, § 84-29; as amended by Ord.
387, 12/14/2009; and by Ord. No. 409, 3/13/2017]
1.
When a surface stormwater or subsurface water connection to the sanitary
sewer system or a sewer lateral defect is discovered and the necessary
work to remove the connection or correct the sewer lateral defect
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 Borough
Secretary 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 for the removal of the connections
of surface stormwater or subsurface water to the sanitary sewer system,
or necessary to correct any sewer lateral defect, and granting the
Borough of Thornburg the right and power to enforce the contract.
B.
Cash security in an amount equal to 120% of the price of the contract described in Subsection 1A above.
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 Borough of Thornburg, 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, which shall be established by the Council of the
Borough of Thornburg from time to time by resolution.
2.
When dye testing or sewer lateral inspection cannot be performed
because of weather conditions, the seller or applicant may apply to
the Borough Secretary/other designated Borough representative 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 $1,000, or such other amount as is
established by resolution of Borough Council. To the extent that the
security is not used by the Borough, it will be refunded to the depositer.
B.
The written, signed agreement of the purchaser or transferee to correct, at the purchaser's or transferee's sole expense, any surface stormwater or subsurface stormwater connections to the sanitary sewer system disclosed by the subsequent dye test, or to correct any defects in the sewer lateral revealed by the subsequent televised lateral inspection, together with a license from the purchaser or transferee to the Borough of Thornburg, its agents, contractors, and employees, to enter upon the property to conduct the dye testing, and to conduct televised lateral inspection, should the applicant fail to do so. Nothing in this Subsection 2 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 Borough of Thornburg's enforcement powers or excuse the current owner of the property from performance.
C.
The filing fee, which shall be established by the Council of the
Borough of Thornburg from time to time by resolution.
3.
The Borough Secretary or other designated Borough representative
may reject the application for a 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 §§ 18-504 and 18-505 of this Part, the cash security will be forfeited, and the Borough of Thornburg may use the funds to complete the dye testing or the televised lateral inspection and any required remedial work.
5.
In the event that dye testing or televising of the sewer lateral
reveals the existence of improper connections to the sanitary sewer
system or defects in the sewer lateral, the owner of the property
shall be required to perform the necessary remedial work. To the extent
that the cost of completion of the dye testing, lateral inspection
or remedial work exceeds the cash security, the Borough may file a
municipal claim against the property for the cost of completion of
the dye testing, lateral inspection or remedial work and any professional
consultant fees incurred in connection with such completion, 6% interest
per annum, plus a penalty of 5% of the amount due, plus attorneys'
fees and costs related to filing and prosecuting the municipal claim.
6.
The application for a temporary certificate of compliance form shall
be available upon request from the Borough Secretary.
[Ord. 376, 10/18/2004, § 84-30]
A request to the Borough of Thornburg 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 Council of the Borough of Thornburg
from time to time by resolution. The Borough of Thornburg 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. 376, 10/18/2004, § 84-31; as amended by Ord. No. 409, 3/13/2017]
A certificate of compliance issued under this Part shall be
valid for:
[Ord. 376, 10/18/2004, § 84-32; as amended by Ord. No. 409, 3/13/2017]
The Borough Council is hereby empowered to make reasonable rules
and regulations by ordinance or resolution for the operation and enforcement
of this Part, including, but not limited to: establishing the form
of applications, acknowledgements and certifications, establishing
testing procedures and criteria for passing or failing dye testing
or lateral inspections, and limiting the time of year in which a temporary
certificate of compliance is available for reasons of weather.
[Ord. 376, 10/18/2004, § 84-33]
Nothing in this Part shall limit in any fashion whatsoever the
Borough of Thornburg'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. 376, 10/18/2004, § 84-34]
1.
Any person aggrieved by the decision to grant or deny a certificate
of compliance or temporary certificate of compliance may appeal to
the Thornburg Borough Uniform Construction Code Board of Appeals,
by filing a written application for appeal with the Borough Secretary
within 30 days after the date of the decision appealed from. Such
application shall state the grounds for the appeal and shall be accompanied
by an appeal fee to be fixed and changed from time to time by resolution
of Council.
2.
Appeals shall be conducted in accordance with the Local Agency Law,
2 Pa.C.S.A. §§ 551 et seq., 751 et seq., and the rules
of procedure and operation of the construction code board of appeals.
The said rules of procedure and operation shall be applied as nearly
as may be in accordance with this Part and shall be applied such that
references in said rules to the Uniform Construction Code shall be
read as references to this Part.
[Ord. 376, 10/18/2004, § 84-35; as amended by Ord.
387, 12/14/2009]
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.
[Ord. 376, 10/18/2004, § 84-36; as amended by Ord. No. 409, 3/13/2017]
This Part shall not preclude the Borough of Thornburg from conducting
dye testing, televising laterals or conducting other testing or inspection,
or implementing a general program of dye testing or inspection, within
the Borough for purposes of discovering or locating the sources of
surface stormwater or subsurface water to the sanitary sewer system.
[Added by Ord. No. 409, 3/13/2017]
1.
NASSCO (National Association of Sewer Service Companies) pipe assessment
standards will be used to determine the presence of pipe defects.
Any defect found to have a Level 3 or higher shall be deemed to fail
inspection. Multiple Level 2 defects in a lateral may also be deemed
a failure, if there are more than two such defects.
2.
All third-party registered plumbers must comply with the requirements
of the Lateral Testing Ordinance. The plumber shall provide personnel
certified through the NASSCO Lateral Assessment and Certification
Program and thoroughly knowledgeable with the NASSCO Condition Grading
System. All defects found in the laterals shall be rated in accordance
with the NASSCO Condition Rating System.
3.
It is recommended that inspections be conducted in the following
manner:
A.
A property inspection shall include, but not necessarily be limited
to, inspection of roof leaders, driveway drains, stairwell drains,
all other area drains and interior sump pumps. If the discharge point
of these facilities is not evident, the plumber shall insert dye into
the drain, roof leader or sump pump to determine the ultimate discharge
point. Should an illegal connection to the lateral be confirmed, the
test shall be deemed as a fail, and the illegal connection(s) must
be removed and rerouted in a matter satisfactory to the Borough.
B.
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 in a matter satisfactory to the Borough.
C.
The general location of the lateral pipe on the ground surface shall
be determined by means of site investigation or televising and locating.
Once the location is determined, the ground surface over the lateral
shall be injected with dye-colored water in order to saturate the
earth. Following the dye-injection process, a camera shall be inserted
into the lateral through a cleanout, interior 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
repair, replacement or relining. Other deficiencies observed but not
listed herein, as determined by the Borough and at its discretion,
may also constitute a failure.
D.
If it is necessary to excavate an access point for the camera insertion,
the plumber 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.
E.
The Borough reserves the right to reject any tests or test results
which it has reason to believe are inconclusive or inaccurate. In
such cases, the Borough may require further testing at the property
owner's expense.
F.
Foundation drains connected into the sanitary sewer lateral are illegal
connections. The Borough reserves the right to require further testing
if it is suspected that the building foundation drain in connected
to the lateral.
