[Ord. No. 2021-747, 1/12/2021]
The purpose of this Part and the policy of the West Norriton
Township 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.
[Ord. No. 2021-747, 1/12/2021]
1.
AGENT
APPLICANT
NEW CONSTRUCTION
PROPERTY TRANSFER
REAL PROPERTY
SEWER LATERAL INSPECTION
SEWER LATERAL OR BUILDING SEWER
The following words and phrases, as used in this Part, shall have
the meanings ascribed to them in this section, unless the context
indicates a different meaning. Where a term is not defined in this
section, such term shall receive its ordinarily accepted meaning as
interpreted by the Code Enforcement Officer of the West Norriton Township
by use of definitions provided for in the codes and standards of the
Codified Ordinances of the West Norriton Township.
A person who shall have charge, care or control of real property
as owner, or acting on behalf of or in the capacity of the owner,
or as executor, executrix, administrator, trustee or guardian of the
estate of the owner. Any such person representing the actual owner
shall be bound to comply with the provisions of this Part to the same
extent as if that person was the owner.
The owner, agent or any other person with the authority and
responsibility for the transfer of real property.
The initial structure or other improvement built on previously
undeveloped real property, which, when complete, has been inspected
by the West Norriton Township for compliance with all applicable codes
and ordinances, and which has been issued its first certificate of
occupancy.
A sale, foreclosure, Sheriff's sale, tax sale or other
legal action resulting in the transfer of ownership of real property.
Any structure, building, or vacant land, being privately
or publicly owned, except "new construction," as defined in this section.
The video recording of the sewer lateral by closed-circuit
television (CCTV) or the use of other acceptable methods, as deemed
appropriate by Township officials, for the purpose of determining
the integrity of the sewer lateral or building sewer.
The pipe or conduit which extends from the end of the building
or structure to the curbline or right-of-way and generally includes
the cleanout and sewer vent and connects to the publicly owned sanitary
sewer system.
[Ord. No. 2021-747, 1/12/2021]
1.
No owner or agent shall transfer ownership of any real property without
first applying for and undergoing a property transfer inspection and
a sewer lateral inspection and obtaining a use and occupancy certificate
or temporary use and occupancy certificate. The aforesaid property
transfer 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 property transfer inspection, which shall be available at the
Code Department office, and pay the required fee for the property
transfer inspection to the Code Department office, which shall be
set by resolution of the Board of Commissioners.
3.
As part of the transfer inspection, the owner or agent shall provide
a complete copy of a sewer lateral inspection conducted within 60
days prior to the date scheduled for the property transfer.
4.
The application form for the property transfer inspection shall require
the owner or agent to provide, at a minimum, the following information
with respect to the real property subject to a property transfer:
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; and
G.
Authorization for the West Norriton Township to perform the required
property transfer inspection.
5.
The application form for the property transfer inspection must be
submitted to the Code Enforcement Department at least 30 days prior
to the date scheduled for the property transfer.
6.
Following receipt by the Code Enforcement Department of the completed
application form for the property transfer inspection and payment
of the required fees, the owner or agent shall schedule the property
transfer inspection with the Code Enforcement Department. Property
transfer inspections shall be scheduled no earlier than 48 hours from
the time the request for a property transfer inspection is made to
the Township.
[Ord. No. 2021-747, 1/12/2021]
1.
The Code Enforcement Officer shall not enter upon any real property
for the purpose of conducting a property transfer inspection unless
accompanied by the owner or agent.
2.
All interior and exterior areas of the real property shall be inspected for conformance with the West Norriton Township Property Maintenance Code, the West Norriton Township Building and Zoning Code, and any and all other relevant ordinances of the West Norriton Township, including but not limited to Part 4 of Chapter 18 of the Township Code.
[Ord. No. 2021-747, 1/12/2021]
The sewer lateral inspection will be completed at the owner's
or agent's expense.
[Ord. No. 2021-747, 1/12/2021]
Upon completion of the property transfer inspection, the Code
Enforcement Officer shall record the identified code violations, if
any, on a form designated for such a purpose, and provide a copy of
the form to the owner or agent. Code violations shall be corrected
within the time frame set by the Code Enforcement Officer.
[Ord. No. 2021-747, 1/12/2021]
1.
Upon completion of the sewer lateral inspection, the Township office
shall review the results and note any deficiencies or defects with
the sewer lateral that could permit inflow and infiltration, or any
other prohibited substance, from entering into the sanitary sewer,
in violation of the General Code of the West Norriton Township. 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.
2.
It will be the responsibility of the owner or agent of the real property
to repair and/or replace all or a portion of the sewer lateral that
was found to be deficient or defective, in compliance with the requirements
and specifications of the Township and within the time frame set by
the Township, and in compliance with the General Code of the West
Norriton Township.
3.
If repairs to the sewer lateral are required, the owner or agent
will perform a subsequent sewer lateral inspection to determine if
the sewer lateral is in compliance with the requirements and specifications
of the General Code of the West Norriton Township. Reinspection of
the sewer lateral shall be at the discretion of the Township.
[Ord. No. 2021-747, 1/12/2021]
The sewer lateral inspection shall not be required of real property
subject to a property transfer, if a sewer lateral certification has
been issued in the three-year period immediately following the proposed
property transfer or if the real property subject to a property transfer
is a condominium unit which is situated in a building with other condominium
units and not directly connected to the sewer lateral.
[Ord. No. 2021-747, 1/12/2021]
1.
No real property subject to this Part shall proceed to settlement,
nor shall a property transfer be effectuated, unless a use and occupancy
certificate or temporary use and occupancy certificate has been issued
to the owner or agent by the Code Enforcement Department.
2.
A final certificate of occupancy shall be issued, provided the following
conditions have been met:
A.
The real property is free and clear of any and all code violations,
if any, noted on the inspection form by the Code Enforcement Officer.
B.
The sewer lateral connected to the real property is found to be in
conformity with the specifications of the West Norriton Township,
and not in violation of the Township Code.
3.
A use and occupancy certificate may be issued, at the sole discretion
of the West Norriton Township in circumstances in which curing the
code and/or sewer lateral inspection violations cannot be accomplished
prior to the date of the property transfer. The temporary property
transfer permit shall indicate the party (buyer or seller of the real
property) who shall take responsibility 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 violation, the Township, at its sole
discretion, may require the seller 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 Township,
plus an additional amount equal to 25% of such cost as estimated by
the Township for said repair or replacement. The owner or agent shall
schedule a follow-up property transfer inspection with the Code Enforcement
Department and/or a follow-up sewer lateral inspection, at the owner's
or agent's expense, as appropriate, to confirm the necessary
repairs have been made.
4.
In no circumstances shall a temporary use and occupancy certificate
be issued if any of the code violations render the property unfit
for habitation.
[Ord. No. 2021-747, 1/12/2021]
Nothing contained herein shall be deemed to waive any and all
other remedies available to the West Norriton Township, at law or
in equity, relating to violations of the West Norriton Township Property
Maintenance Code, the West Norriton Township Building and Zoning Code,
and any and all other relevant ordinances of the West Norriton Township,
all of which remedies are expressly retained by the West Norriton
Township.
