A temporary document of certification may be issued at the borough’s sole discretion when either:
(A) The applicant proves that such testing cannot be performed because of weather conditions, and when such is the case, the applicant shall provide the borough with security in the amount of $3,000 to guarantee that the appropriate test will be performed. The applicant will cause to have performed the appropriate test within 14 days of subsequent written notification from the borough, which will be given at such time as weather conditions make such testing possible. In addition, the applicant shall provide a signed written acknowledgment from the purchaser of the real estate, agreeing to correct, at the said purchaser’s sole expense, any violations/defects that may be discovered as the result of subsequent tests. Nothing in this subsection shall prohibit any purchaser from requiring the applicant to reimburse the purchaser for any costs incurred; provided, nevertheless, that primary liability shall run with the land and no such agreement shall affect the borough’s enforcement powers or excuse the then current owner from performance;
(B) When an illegal storm or surface water connection or mal functioning drainage system has been discovered and the necessary remedial activities to correct such connection would require a length of time such as to create a practical hardship for the applicant, the applicant may apply to the borough for a temporary document of certification which may only be issued when the applicant provides the borough with all of the following:
(1) A bona fide executed contract between the applicant and a registered, licensed plumber to complete the necessary remedial work is with the borough listed therein as a third-party beneficiary;
(2) Cash security in the amount of said contract as posted with the borough; and
(3) An agreement by the purchaser to be responsible for all cost overruns related to the remedial work. together with a license to the borough to enter upon the property to complete work in case of default by the contractor. The Building Inspector shall determine, by regulation, when such temporary document of certification shall expire, at which time the security shall be forfeited, and the borough may use the security to have the necessary remedial work completed.
(C) The borough is anticipating repair or replacement of the sewer main(s) in the vicinity of the property to be transferred. In such a case, the applicant may choose to bring the sewer lateral into compliance, as described in § 52.22, or may apply for a temporary document of certification.
(1) If the sewer lateral is brought into compliance and a certificate of sewage compliance is issued, the purchaser will be responsible for any additional remedial work that may be required in order to satisfactorily connect to the new sewer main.
(2) If the applicant applies for a temporary document of certification pending the completion of an anticipated borough project, the applicant shall provide the borough with security in the amount of $3,000 to guarantee that the appropriate remedial work and subsequent testing will be performed. In addition, the applicant shall provide a signed written acknowledgment from the purchaser of the real estate, agreeing to correct, at the said purchaser’s sole expense, any violations/defects that may be discovered as the result of subsequent tests. Nothing in this subsection shall prohibit any purchaser from requiring the applicant to reimburse the purchaser tor any costs incurred; provided, nevertheless, that primary liability shall run with the land, and no such agreement shall affect the borough’s enforcement powers or excuse the then current owner from performance.
(Ord. 2022-03, passed 3-7-2022)