A temporary document of certification may be issued, at the borough's sole discretion and is no way required to issue one should it not be in the best interests of the borough, subject to the following conditions:
(A) Lateral test temporary document of certification. Either when 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 a financial security in the amount of $1,000 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 acknowledgement from the purchaser of the real estate, agreeing to correct, at the 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 current owner from performance.
(B) Repair temporary document of certification. When an illegal stormwater or surface water connection, structural and/or maintenance defect(s) requiring repair or malfunctioning 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, with the borough listed therein as a third-party beneficiary.
(2) Financial security or escrow with the amount set by resolution of the Borough of Grove City is posted with the borough.
(3) An agreement by the purchaser to be responsible for all cost overruns related to the remedial work, together with a right to the borough to enter upon the property to complete work in case of default by the contractor. The borough shall determine, by regulation, when such temporary document of certification shall expire, at which time the financial security shall be forfeited and the Borough may use the financial security or escrow to have the necessary remedial work completed.
(Ord. 1492, passed 8-21-2023) Penalty, see § 53.999