SAXONBURG — An ordinance amendment that would have required those selling a property in the borough to provide $5,000 in escrow funds to ensure no runoff is entering the public sewer system died on the floor at Wednesday night's council meeting.

The amendment would have required a smoke, dye or air test to ensure no downspouts, gutters, French drains or other mechanism are introducing runoff into the sewer system,

The ordinance would have also required a “certified plumber” to sign off on a borough form that the system passed the test.

But a group of real estate agents who attended Wednesday's meeting opposed the amendment.

Joyce Hutterer, an agent and borough resident, said she understands the challenges of stormwater being directed into a public sewer system.

“However, a hastily adopted ordinance can have negative consequences that can far outweigh the positives,” Hutterer said.

She said the $5,000 escrow amount is excessive, the cost of the test would be a hardship on elderly residents, and plumber certifications do not exist in Pennsylvania.

“As a Realtor, there are a lot of questions and a lot of things that need to be answered,” Hutterer said.

Lorraine DiDomenico, president of the county Association of Realtors, took particular exception to the “certified plumber” section of the amendment.

DiDomenico said there are 29 occupations that require a state certification, and plumber is not among them.

She said that fact alone would make the ordinance unenforceable if approved.

“We cannot support this measure and we urge you to engage us in conversation,” DiDomenico said.

Frank Petrilla, president of a condominium association in the borough, said there are multiple condo buildings in his plan and that the elderly population turns over frequently.

He said the escrow funds and fee for the test could impact a resident's ability to pay for senior care if they must move out of the condo and into assisted living.

“Does this mean that every time (a condo) is sold, that test has to be done again?” Petrilla asked.

Mary Papik, borough manager, explained the ordinance amendment and suggested the term “certified” be stricken and replaced with “licensed.”

She requested a motion to adopt the ordinance, and received a motion and second from councilmen David Felsing and Scott Herbst, respectively.

Mayor William Gillespie then asked Papik a series of questions about the ordinance.

In her answers, Papik revealed that the five or six residents who have on-lot septic systems also would be impacted by the ordinance because they would be required to have the systems periodically inspected and provide proof that the systems are being pumped out.

If a septic system were found to be faulty, the borough would determine whether the resident would be permitted to keep the on-lot system or must connect to the Saxonburg Area Authority sewer system.

Papik also said if a property's public sewer system were inspected and the home sold again within three years, the borough would not require another inspection.

She also said that neighboring municipalities connected to the authority's system have not enacted a similar ordinance, and that the $5,000 escrow fee was recommended by the state Association of Boroughs.

Gillespie asked the real estate agents if adopting the ordinance would put those whose homes that are currently for sale at a hardship, to which the group replied with an emphatic “yes.”

But Papik said if a buyer is from an area that already requires the sewer inspection, they would expect the expense.

Council members Sherry Weinzierl, Pat Rinebolt and Felsing then expressed doubts about adopting the ordinance on Wednesday night.

Councilman Thomas Knights, who is the former borough road superintendent and Saxonburg Area Authority director of operations, said the ordinance should include a camera inspection because a problem could be located and fixed.

“A $5,000 escrow becomes a $500 repair,” Knights said.

Papik said if the council were not comfortable approving the amendment, the borough's ordinance committee could revisit the issue.

Felsing then withdrew his motion and no further action was taken on the matter.