[Adopted 4-9-1998 by Res. No. 04-09-98-01]
[HISTORY: Adopted by the Collier Township Municipal Authority
as indicated in article histories. Amendments noted where applicable.]
A full and complete written request, with prepayment of the
applicable fee, must be submitted to the Collier Township Municipal
Authority ("Authority") for each and every request for a document
of certification or municipal lien letter prior to the sale, or transfer,
of any real estate on which a building or other improvement exists.
Prior to the issuance of the document of certification or municipal
lien letter by the Authority, the Authority will cause to be performed
a dye test of the property, at a cost to the applicant, so as to determine
the status of the connection of the property to the sewer system and
to verify that there is no improper or illegal connection to the sewer
system. The inspection will identify and verify the location of the
gutters and where each gutter drains and discharges, the location
of the trap and cleanout, that there are no sump pumps on the property,
that the basement shows no evidence of a french drain, that there
are no driveway drains or yard drains connected to the sewer system
and that the house lateral is connected to the sewer system along
with the location of the manhole inspected. This inspection will be
in the manner and form necessary to satisfy the Authority that there
are no sources of connection of the property to the sanitary sewer
system that will allow extraneous water to enter the sanitary sewer
system.
Properties with improvements which are not served by the public
sanitary system are exempt from testing, provided that the owners
certify to the Authority and the transferee of the property that no
portion of the property is connected to the sanitary sewer system
and provide documentation of the method of sewer service to all existing
buildings.
Buildings or real estate on which buildings or other improvements
have been constructed in accordance with a valid Collier Township
building permit, issued within nine months prior to the request for
a lien letter and which are accompanied by a copy of the building
permit and copies of reports showing that the building has been inspected
by the Engineer for the Authority and the Plumbing Division of the
Allegheny County Health Department and which have not been formerly
occupied, may be sold or conveyed without evidence of compliance as
required by this resolution, provided that the seller provides proof
of these inspections of the sewer system by the Engineer for the Authority
and the Allegheny County Plumbing Division and, further, that there
is no record of improper connection by the Township Building Inspector
or the Engineer for the Authority.
Individual units within a condominium complex may be sold without
individual certification, provided that the building in which they
are located has been inspected and the building connection certified
not longer than two years previous to the date of the sale of a unit.
A.
A temporary
document of certification may be issued by the Authority upon written
request of the owners and the purchasers of the property should the
weather or other extraordinary conditions delay the testing of the
property. The purchasers must agree to be fully and completely liable
for all violations located and agree to correct the same within 90
days of notice of the violation at the full and complete expense of
the purchaser. Each temporary document of certification or municipal
lien letter shall be accompanied by a security deposit of $500, which
may be used by the Authority to cover all costs associated with the
enforcement of any violation notice.
B.
All temporary
documents of certification shall automatically expire four months
from the date of issuance, at which time any security posted shall
be forfeited unless any noted violations have been corrected.
The only acceptable forms of security or guarantee shall be
cash or certified check.
[Adopted 4-9-1998 by Res. No. 04-09-98-02]
As used in this article, the following terms shall have the
meanings indicated:
The Collier Township Municipal Authority or its successors
in interest.
An official statement to the Authority stating that there are no illegal stormwater or surface water connections into the sanitary sewer connections on the property to be sold which violate Article I, Dye Testing, of this chapter (Res. No. 04-09-98-01).
Any commonly accepted method of testing wherein dye is introduced
into the stormwater, surface water or subsurface water collection
system and downspouts of real property to determine if any illegal
stormwater or surface water is entering the sanitary sewer system.
The discharge of basement seepage or groundwater or the connection
of downspouts, roof drainage or surface drainage into the sanitary
sewer system.
A written letter from the Authority concerning municipal
liens.
Any person, association, partnership, firm, corporation,
institution, agency, authority, or other entity recognized by law
as the subject of rights and duties.
The sanitary sewer system within the Township of Collier
operated by the Authority or its successors in interest.
A temporary statement from the Authority issued pursuant to the terms of § SD70-10 of this resolution.
After the effective date of this resolution, it shall be unlawful
for any person to sell real property within the Township of Collier
on which a building or improvement exists without first delivering
to the purchaser a document of certification or a temporary document
of certification from the Authority.
Any person selling real property located within the Township
of Collier shall make application on a form furnished by the Authority
at least 14 days before the date of sale. Upon application and deposit
of the required fees, the Authority shall cause the necessary dye
test and inspections to be performed and then shall complete the appropriate
portions on the form and certify that the property has been dye tested
and certify the results of such test. In the event that there are
no illegal stormwater or surface water connections, the Authority
designee shall execute a document of certification. When an illegal
stormwater or surface water connection is discovered by means of the
above-mentioned dye testing, no document of certification will be
executed until the illegal connections are removed and certification
of such removal is verified by a subsequent inspection arranged by
the Authority at the cost of the applicant and written verification
of the correction is received.
A temporary document of certification may be issued at the Authority's
sole discretion when either:
A.
The applicant proves that dye testing cannot be performed because
of weather conditions. When such is the case, the applicant shall
provide the Authority with security in the amount of $500 to guarantee
that the dye test will be performed. In addition, the applicant shall
provide a signed, written acknowledgment, in a form acceptable to
the Authority, from the purchaser, agreeing to correct, at the purchaser's
sole expense, any violations that may be discovered as a result of
subsequent dye tests. Nothing in this subsection shall prohibit any
purchaser from requiring the applicant to reimburse the purchaser
for any costs incurred; provided, however, that primary liability
shall run with the land and no such agreement shall affect the municipality's
enforcement powers or excuse the purchaser from performance nor affect
the Authority's enforcement of this resolution; or
B.
An illegal stormwater or surface water connection is discovered and
the necessary remedial activities to correct such connection would
require a length of time so as to create a practical hardship for
the applicant, the applicant may apply to the Authority Manager for
a temporary document of certification which may only be issued when
the applicant provides the Authority with all of the following: (i)
cash security in the amount of any estimated repair costs in a form
acceptable to the Authority; and (ii) an agreement to the purchaser
in a form acceptable to the Authority to be responsible for all cost
overruns related to the remedial work. The Authority shall determine
by regulation when such temporary document of certification shall
expire, at which time the security shall be forfeited.
Upon satisfactorily meeting the conditions as set forth herein,
where requested by a property owner or his agent, the Authority will
issue a document of certification on five days' notice and upon the
payment of an expedition fee equal to those expedited costs charged
to the Authority by the dye testing company that will confirm the
testing.
A.
The Authority is hereby empowered to make reasonable rules and regulations
for the operation and enforcement of this resolution as it deems necessary,
which shall include, but not be limited to:
B.
All rules and regulations issued pursuant to this section shall be
in writing and approved by the Authority, and such approval shall
be recorded in the minutes of the Authority.
The members of the Authority may change from time to time the
fees set forth in this resolution by resolution of the members of
the Authority.
Nothing in this resolution shall limit in any fashion whatsoever
the Authority's right to enforce its rules and regulations and other
resolutions or the laws of the commonwealth. Nothing in this resolution
shall be a defense to any citation issued by the Authority or the
commonwealth pursuant to any other law or resolution.
Any person who shall fail, neglect or refuse to comply with
any terms or provisions of this resolution or of any regulation or
requirement pursuant thereto and authorized thereby shall, upon conviction
before any Magisterial District Judge, be sentenced to pay a fine
of $500. Should the Authority seek to enforce this resolution by litigation
in the Court of Common Pleas because of the refusal or failure of
a property owner to correct and eliminate a discovered unlawful or
illegal sewer connection, the property owner shall be responsible
for all legal fees and court costs incurred by the Authority to enforce
this resolution.
This resolution shall not preclude the Authority from performing
area dye testing/smoke testing programs or other inspections of the
"private systems" for the purpose of locating defective piping which
would allow surface water or groundwater to enter the system. The
Authority will do so at its own expense.
This resolution shall be effective June 1, 1998.
