ORDINANCE
OF THE
BOROUGH OF GREEN TREE, ALLEGHENY COUNTY, PENNSYLVANIA

AN ORDINANCE OF THE BOROUGH OF GREEN TREE, ALLEGHENY COUNTY, PENNSYLVANIA, ESTABLISING PROVISIONS FOR DYE TESTING TO DETERMINE IF STORM OR SURFACE WATER IS ENTERING THE SANITARY SEWER SYSTEM AND REQUIRING EVIDENCE OF COMPLIANCE AS A CONDITION PRECEDENT TO THE ISSUANCE OF BOROUGH LIEN LETTERS, ESTABLISHING CERTAIN FEES AND PROCEDURES FOR SECURING SAID EVIDENCE OF COMPLIANCE, AND REQUIRING SUCH EVIDENCE OF COMPLIANCE UPON THE SALE, CONVEYANCE, TRANSFER, INHERITANCE, OR BEQUEST OF ANY REAL ESTATE WITHIN THE BOROUGH.

WHEREAS, the Borough has determined it is reasonable and necessary to reduce the flow of infiltration of storm and surface water into the sanitary sewer system; and,

WHEREAS, the Borough has determined that it is reasonable and necessary to establish a compliance program effective upon the sale or conveyance of any real estate located within the Borough of Green Tree; and,

WHEREAS, the Borough has determined that such regulations as adopted herein are reasonable and necessary for the health, safety, and welfare of the Borough, and its residents.

NOW, THEREFORE, the Borough of Green Tree hereby Ordains as follows:

Section 1. Definitions

When used herein, the following words shall have the following meanings:

a. Dye Test: Any commonly accepted plumbing test whereby dye is introduced into the storm or surface water collection system of real property to determine if any storm or surface water is entering the sanitary sewer system.

b. Person: This term person shall include within limitation any person, partnership, association, authority, syndicate, firm corporation, or other entity having ownership rights for or in any real property.

c. Borough Claim/Lien/Tax Verification Letter: A written letter from the Borough of Green Tree regarding any liens, claims, and/or taxes due the Borough from said person.

d. Illegal Storm or Surface Water: The inflow, infiltration and/or discharge of storm water, surface water, basement seepage, downspouts, roof drainage, area way drainage, or non-sanitary sewer discharge into the Borough's sanitary sewer system.

e. Evidence of Compliance: An official written letter or statement from the Borough confirming that it has on file a written report or statement from a licensed plumber certifying there are no illegal storm or surface water connections into the sanitary sewer system, which would violate the Borough or County ordinances, the State statues, or Borough, County or State plumbing regulations.

f. Temporary Evidence of Compliance: A temporary written report/statement from the Borough issued pursuant to Section 4 of this ordinance.

Section 2: From and after the effective date of this Ordinance, it shall be unlawful for any person to sell, convey or transfer real property located within the Borough on which a building or improvement exists without first obtaining and delivering to the purchaser an Evidence of Compliance or Temporary Evidence of Compliance form the Borough as required under this Ordinance.

Section 3:

a. Any person selling, conveying or transferring real property located within the Borough shall apply for Evidence of Compliance on a Borough approved form at least fourteen (14) days prior to the date of closing and pay such fee as the Borough may establish from time to time by resolution. Such person, hereinafter termed the Applicant, shall thereupon have a dye test performed on the real property to be sold, conveyed or transferred by a plumber registered and licensed by the Allegheny County Health Department. Upon completion of the dye test, the plumber so hired by the Applicant shall then complete the appropriate section of the Borough form confirming that the property has been dye tested and certifying the results of such test. In the event the said plumber certifies that there no illegal storm or surface water connections on the property to be sold, conveyed or transferred, the Borough Manager or his designated representative shall issue the Evidence of Compliance. If the dye test reveals the existence of an illegal storm or surface water connection, the Borough Manager shall not issue the Evidence of Compliance until the illegal connection has been removed and certification of the correction of the illegal connection has been certified by a plumber who is registered and licensed by the Allegheny County Health Department.

b. This Ordinance shall apply to any transfer of the property, whether by sale, gift, exchange, inheritance, or bequest or deed in lieu of mortgage foreclosure, except that this Ordinance 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.

Section 4:

a. In the event an illegal storm or surface water connection is discovered, and the necessary remedial correction of the condition would require a length of time to perform such that it would create an undue hardship on the Applicant to perform the same prior to the date of closing on the sale, conveyance or transfer of the property, the Applicant may apply to the Borough Manager for Temporary Evidence of Compliance provided there is strict compliance with the following conditions:

1. The Borough Manager or designee is provided with a bona fide executed contract between the Applicant and a plumber registered and licensed by the Allegheny County Department of Health requiring the plumber to complete the necessary remedial work to correct and/or remove the illegal storm or surface water;
2. Cash security in the amount of 110% of the contract price described in (1) above is deposited with the Borough prior to the issuance of the Temporary Evidence of Compliance to be held by the Borough in a non-interest bearing account. Case security shall be limited to cash, certified checks and treasurers checks.
3. A written acknowledgment and notarized agreement under which the purchaser, grantee, transferee, or devisee agrees to be responsible for all cost over runs related to the remedial work together with a grant to the Borough of a license to enter upon the property to complete the work at the expense and cost of the purchaser should the contractor default in the agreement. The Borough Manager or his designee may establish a reasonable period of time for the said corrective work to be completed, taking into consideration the extent of the work required, and the conditions then existing. The said Borough Manager or his designee shall thereupon advise the Applicant and the purchaser of the date of expiration of the Temporary Evidence of Compliance. Upon expiration of the Temporary Evidence of Compliance, without all remedial working having been completed, the cash security deposited with the Borough shall be forfeited and the Borough may use such security to have the required remedial work completed. Any cost over run exceeding the cash security posted with the Borough shall remain the sole and exclusive liability of the purchaser and constitute a lien against the real estate.
4. The agreement referred to in (3) above shall be in a form capable of being recorded in the Office of the Recorder of Deeds, and may be recorded by the Borough as it deems necessary. The cost of recording the agreement shall be the responsibility of the purchaser and applicant.

Section 5: A request for a Borough Lien Letter or Tax Certification Letter must be accompanied by a valid Evidence of Compliance Certificate and/or a valid Temporary Evidence of Compliance Certificate no less than fourteen (14) business days prior to the date the letters are requested. The Borough may by Resolution establish the fees for such letters.

Section 6: The Borough may, by Resolution, adopt any or all of the following in order to accomplish the purposes of this Ordinance:

a. Establish the application form, the purchaser acknowledgement form, the plumber's certificate form, and the form of the Evidence of Compliance Certificate and Temporary Evidence of Compliance, 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 and pursuant to Section 4(a)(2) above.

Section 7: Any person violating any provision of this Ordinance shall, upon conviction thereof, be subject to a penalty up to the maximum amount provided by Section 202.99 of the Borough codified Ordinances. The continuation of a violation shall, for each day after notice, constitute a separate offense subject to the penalties as provided.

Section 8: This Ordinance shall take effect on January 1, 2002 and shall apply to any transfer, conveyance, gift, sale, or devise on or after that date, without regard to the date of any agreement or contract under which the transfer, conveyance, gift, or sale occurred.

Section 9: The provisions of this Ordinance are severable, and if any section, sentence, clause or phrase shall be held to be illegal, invalid, or unconstitutional, the remaining portions of this Ordinance shall not be affected or impaired thereby.

Section 10: Any Ordinance or part of an Ordinance conflicting with the provisions of this Ordinance shall be and the same are hereby repealed to the extent of such conflict.