A temporary document of certification may be issued at the township’s sole discretion only under the following circumstances.
A. When such testing cannot be performed because of weather conditions, the applicant shall provide the township with security in an amount as established from time to time by resolution of the Board of Supervisors to guarantee that the appropriate test will be performed. The township will make the appropriate test 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 that may be discovered as the result of subsequent tests. Nothing in this Section 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 township’s enforcement powers or excuse the current owner from performance.
B. When illegal stormwater or surface water connections have been discovered and 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 Code Inspector for a temporary document of certification which may only be issued when the applicant provides the township with all of the following:
(1) Cash security in the amount of the contract for the completion of the necessary remedial work is posted with the township;
(2) An agreement by the purchaser to be responsible for all cost overruns related to the remedial work, together with a license to the township to enter upon the property to complete such work in case of default by the contractor. The Code Inspector shall determine, by regulation, when such temporary document of certification shall expire, at which time the security shall be forfeited, and the township may use the security to have the necessary remedial work completed; and
(3) All necessary remedial work shall take place within three months after being notified by the township that such work is necessary. One additional extension of three months may be granted by the Code Inspector if he or she finds that weather or other unforeseen circumstances deem this extension necessary.
(Ord. 2013-05-03, passed 5-13-2013)