The purpose of this article is to require sewer lateral and sump pump inspections for all properties in Green Lane Borough that are connected to the Green Lane Marlborough Joint Authority sanitary sewer system, and to establish uniform requirements for the same and to establish penalties for violations of this article.
A. 
The intent of this article and the policy of Green Lane Borough shall be to protect and promote the public health, safety and welfare of its citizens and to establish the rights and obligations of owners of real property with respect to the transfer of real property.
B. 
No person shall discharge or cause to be discharged waters, such as form sump pumps, flow drains, stormwater, surface drainage, groundwater, roof runoff, subsurface drains, HVAC condensate, foundation drainage or cooling water into the Authority's sanitary sewer system. Such water and all other unpolluted drainage shall be discharged to facilities that are specifically designed as storm sewers or to natural outlets approved by the proper political subdivision or municipal authority and in accordance with the applicable regulations of the Pennsylvania Department of Environmental Protection.
A. 
Routine inspections.
(1) 
To ensure compliance with the above described prohibitions, the Borough or the authorized agent shall establish a program of periodic and systematic inspections of all properties within the Borough to ensure compliance with this article.
(2) 
All property owners will be notified of the authorized agent's request to inspect their property by letter. Within 20 calendar days of receipt of the aforementioned notice, the property owner shall contact the authorized agent as indicated in the letter to schedule an appointment for inspection. So long as the property owner cooperates with the inspection, said inspection shall be performed at no expense to the property owner [see Subsection A(4) below] and shall be performed by the authorized agent. Inspections shall be primarily a visual inspection of the plumbing on and within the property, but such inspections may also include, but not be limited to, dye testing, smoke testing and televising the interior of the piping.
(3) 
The authorized agent shall issue a report to the property owner with respect to the conclusions of said inspection. Any repairs or modifications to the property owner's sanitary sewer lateral indicated in the report must be completed by the property owner at the property owner's sole cost and expense within 60 calendar days of the date of the report; provided, however, that the authorized agent may in it is sole discretion on a case-by-case basis grant a property owner an additional 30 calendar days to complete any repairs or modifications upon a written request from the property owner should the property owner demonstrate that it reasonably requires additional time to complete the repairs or modifications.
(4) 
Property owners who fail to schedule an inspection within 45 calendar days of receipt of the aforementioned notice or property owners who fail to make repairs or modifications within 60 calendar days (or an extended period of time as provided herein) of the date of the report will be subject to penalties and costs as provided in this article. Additional costs shall include the costs of additional notices, mailing, court filing costs and attorneys' fees as provided herein. If the property owner does not consent to an inspection as provided in § 319-11A, in order to conduct such an inspection an administrative warrant (or other necessary warrant) will be required.
B. 
Inspections upon transfer of property
(1) 
No owner or agent shall transfer ownership of any real property without first applying for and undergoing a sewer lateral inspection and sump pump inspection and obtaining a sewer inspection certificate. The aforesaid sewer lateral inspection and sump pump inspection shall comply with all protections guaranteed by the Pennsylvania and United States Constitutions.
(2) 
The owner or agent shall complete the required application form for the sewer lateral inspection and sump pump inspection, which shall be made available by the authorized agent, and shall pay the required fee for the sewer lateral and sump pump inspection to the authorized agent, which shall be set by resolution of the authorized agent.
(3) 
The application form for the sewer lateral and sump pump inspection shall require the owner or agent to provide, at a minimum, the following information with respect to the real property subject to a sewer lateral and sump pump:
(a) 
The name(s), address(es) and telephone or cell phone number(s) of any and all owners;
(b) 
Forwarding address(es) of all owners;
(c) 
The name, local address and telephone or cell phone number of the realtor or agent representing the owner;
(d) 
The address of the real property;
(e) 
A description of the real property;
(f) 
The proposed use of the real property following the transfer;
(g) 
Authorization for the Green Lane Marlborough Joint Authority to perform the required sewer lateral and sump pump inspection; and
(h) 
The parcel identification number of the real property.
(4) 
The application form for the sewer lateral and sump pump inspection must be submitted to the authorized agent at least 30 days prior to the date scheduled for the property transfer.
(5) 
Following receipt by the authorized agent of the completed application form for the sewer lateral inspection and sump pump inspection and payment of the required fees, the owner or agent shall schedule the sewer lateral inspection and sump pump inspection with the authorized agent. Sewer lateral inspections and sump pump inspections shall be scheduled with the authorized agent no earlier than 48 hours from the time the request for a sewer lateral inspection and sump pump inspection is made to the authorized agent.
C. 
Inspection procedures.
(1) 
The authorized agent shall not enter upon any real property for the purpose of conducting a sewer lateral inspection and sump pump inspection unless accompanied by the owner or the agent of the owner.
(2) 
All interior and exterior areas of the property shall be inspected for conformance with this chapter and any regulations, policies, and/or procedures adopted by the Authority.
(3) 
Sump pumps shall also be inspected by the authorized agent. Any necessary repairs or alterations shall be completed to the satisfaction of the authorized agent.
(4) 
The owner of the property shall be required to have the building sewer lateral leading from the building to the sewer main televised, at the owner's expense, by a plumber licensed to do business in the Borough. The recording produced during the televising of the building sewer and lateral (in the format currently required by the authorized agent) shall be supplied by the owner of the property to the authorized agent for review. If the authorized agent determines that repairs are necessary, the property owner shall take the appropriate actions to see that the repairs are completed to the satisfaction of the authorized agent, in accordance with applicable codes and regulations of the Authority and/or the Borough.
Upon completion of the sewer lateral inspection and sump pump inspection, the authorized agent shall record the identified violations, if any, on a form designated for such a purpose, and provide a copy of the form to the owner or agent. Regulation violations shall be corrected within the time frame set by the authorized agent.
A. 
Upon completion of the sewer lateral inspection and sump pump inspection, the authorized agent shall review the results and note any deficiencies, defects, or improper connections with the sewer lateral and/or sewage collection system that could permit inflow and infiltration, or any other prohibited substance, from entering into the sanitary sewer in violation of any of the Authority's policies, procedures, rules, regulations, requirements, or specifications. Any deficiencies or defects will be recorded on a form designated for such a purpose, and a copy of the form will be provided to the owner or agent.
B. 
It will be the responsibility of the property owner to repair, modify, and/or replace all or a portion of the building sewer and/or sewer lateral that is found to be deficient or defective, in compliance with the requirements and specifications, within the time required frame, and in compliance with the sewer regulations of the Borough and/or the Authority.
C. 
If repairs to the building sewer and/or sewer lateral are required, the authorized agent will perform a subsequent sewer lateral inspection and sump pump inspection to determine if the building sewer and/or sewer lateral are in compliance with the requirements and specifications of the authorized agent and the ordinances of the Borough. Reinspection of the building sewer and/or sewer lateral shall be at the discretion of the authorized agent.
D. 
A building sewer and sewer lateral certification will be issued by the authorized agent after the building sewer and/or sewer lateral has passed inspection.
A. 
The routine inspection outlined in § 319-11A shall not be required if a building sewer and sewer lateral certification has been issued in the two-year period immediately preceding the proposed date for the property transfer, unless the authorized agent has reasonable cause to require an inspection.
B. 
Unless the authorized agent has reasonable cause to require an inspection, the sewer lateral inspection and sump pump inspection shall not be required of real property subject to transfer if:
(1) 
A building sewer and sewer lateral certification has been issued in the two-year period immediately preceding the proposed date for the property transfer;
(2) 
The real property subject to a transfer is a condominium unit which is situated in a building with other condominium units and not directly connected to the sewer lateral; or
(3) 
The property transfer is a transfer as a result of the death of an owner to the owner's heirs or a surviving joint owner.
A. 
No property transfer subject to this article shall proceed to settlement or otherwise be effectuated, nor shall a use and occupancy permit be issued in connection with a property transfer, unless a sewer inspection certificate has been issued to the owner or agent by the authorized agent.
B. 
A final building sewer and sewer lateral certification shall be issued, provided the following conditions have been met:
(1) 
The real property is free and clear of any and all sewer violations, if any, noted on the inspection form by the authorized agent.
(2) 
The building sewer and sewer lateral connected to the real property is found to be in conformity with the specifications of the Borough and authorized agent, and not in violation of Borough ordinances, and a building sewer and sewer lateral certification has been provided by the authorized agent.
C. 
A temporary building sewer and sewer lateral permit may be issued, at the sole discretion of the authorized agent, as appropriate, in circumstances in which curing the sewer lateral inspection and sump pump inspection violations cannot be accomplished prior to the date of the property transfer. The temporary building sewer and sewer lateral permit shall indicate the party (buyer or seller of the real property) who shall take responsibility (the "responsible party") for curing the violations and provide for a time frame for remediation, not to exceed 180 days. In the case of a temporary use and occupancy certificate issued due to a sewer lateral inspection and sump pump inspection violation, the authorized agent, at its sole discretion, may require the responsible party to retain in an escrow account sufficient funds to cover the cost of any repair or replacement of the sewer lateral or building sewer, as identified by the authorized agent, plus an additional amount equal to 25% of such cost as estimated by the authorized agent for said repair or replacement. The responsible party shall schedule a follow-up sewer lateral inspection and sump pump inspection with the authorized agent, as appropriate, to confirm that the necessary repairs have been made.
D. 
In no circumstances shall a building sewer and sewer lateral certificate be issued if any of the sewer regulation violations render the property unfit for habitation.