(A) (1) When a surface stormwater connection to the sanitary sewer system is discovered and the necessary work to remove the connection would require a length of time such as to create a hardship for the seller or applicant, the seller or applicant may apply to the Ordinance Compliance Officer for a temporary certificate of compliance.
(2) The seller or applicant must submit the following with the properly completed application:
(a) A bona fide executed contract with a registered and licensed plumber, or other qualified contractor approved in advance by the Compliance Officer, requiring the plumber to complete the remedial work necessary to the removal of the connections of surface stormwater to the sanitary sewer system and granting the municipality the right and power to enforce the contract;
(b) Cash security in an amount equal to 110% of the contract described in division (A)(2)(a) above;
(c) The agreement of the purchaser or transferee to be responsible for all cost overruns related to the remedial work, together with a license from the purchaser or transferee to the municipality, its agents, contractors and employees, to enter upon the property to complete the remedial work in case of default by the contractor or the applicant; and
(d) The filing fee established by the governing body of the from time to time by resolution.
(B) (1) When dye testing cannot be performed because of weather conditions, the seller or applicant may apply to the Ordinance Compliance Officer for a temporary certificate of compliance.
(2) The seller or applicant must submit the following with the properly completed application:
(a) Cash security in the amount of a signed contract to complete the compliance work;
(b) The written, signed agreement of the purchaser or transferee to correct, at the purchaser’s or transferee’s sole expense, any surface stormwater connections to the sanitary sewer system disclosed by the subsequent dye test, together with a license from the purchaser or transferee to the municipality, its agents, contractors, and employees, to enter upon the property to conduct the dye testing should the applicant fail to do so. Nothing in this division (B)(2)(b) shall prohibit any purchaser or transferee from requiring the applicant to reimburse the purchaser or transferee for any costs incurred in connection with such remedial work; provided, however, that primary responsibility for the remedial work and all costs thereof shall run with the land, and no such agreement shall affect the municipality’s enforcement powers or excuse the current owner of the property from performance; and
(c) The filing fee established by the Municipality Board of Supervisors from time to time by resolution.
(D) The temporary certificate of compliance shall be effective for 60 days, and the expiration date of the temporary certificate of compliance shall be noted on the certificate. If, upon the expiration of the temporary certificate of compliance, the seller or applicant has not applied for and received a certificate of compliance, as provided for in §§ 52.004 and 52.005, the cash security shall be forfeited, and the municipality may use the funds to complete the remedial work for the dye testing.
(E) The application for temporary certificate of compliance form shall be available upon request from the Municipal Secretary.
(Ord. 666, passed 9-17-2008)