[Adopted 6-26-2001 by Ord. No. 6-2001]
The Board of Supervisors finds that excessive
stormwater and/or surface waters are illegally routed into the sanitary
sewer systems within the Township, thus requiring increased and unnecessary
treatment capacity and activity and thus curtailing the availability
of tap-ins and treatment to other users who need sanitary sewage treatment.
The Board finds that the procedures, fees and penalties provided for
herein are necessary to achieve the purposes of this article.
This article may be known and cited as the "Dye
Test Ordinance."
Unless the context specifically and clearly
indicates otherwise, the meanings of terms used in this article shall
be as follows:
Township of South Strabane ordinances as the same may be
from time to time amended.
An official statement from the Township stating that there
are no illegal stormwater or surface water connections into the sanitary
sewer connections on the property to be sold which violate any section
of the Code.
The discharge of basement seepage or groundwater or the connection
of downspouts, roof drainage or surface or areaway drainage into the
sanitary sewer system.
A written letter from the Township concerning municipal liens
and property taxes.
Any person, syndicate, association, partnership, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
A temporary statement of certification from the Township
issued pursuant to the terms of this article.
The Township of South Strabane.
After the effective date of this article, it
shall be unlawful for any person to sell or, under circumstances herein,
purchase real estate within the Township on which a building or improvement
exists without first delivering to the purchaser a document of certification
or a temporary document of certification from the Township.
A.
Any person selling real estate located within the
Township (hereinafter referred to as "applicant") shall make application
on a form furnished by the Township at least 21 days before the date
of closing the sale. The applicant shall then cause to have performed
a dye test on the property to be sold. All dye tests shall be performed
by an inspector appointed by the Township or the Washington-East Washington
Joint Authority (hereinafter referred to as "inspector").
B.
The inspection fee shall be in an amount set herein.
The inspection fee shall be paid to the Township at the time of making
the application. Said fee may be changed from time to time as deemed
necessary by the Township.
C.
Such inspector shall complete the appropriate portions
on the form and certify that the property has been dye tested and
certify the results of such test. In the event there are no illegal
stormwater or surface water connections, the Township shall issue
a document of certification upon payment of such fee as required.
When an illegal stormwater or surface water connection is discovered
by means of the above-mentioned dye test, no document of certification
will be issued until the illegal connections are removed and certification
of such removal by an inspector is received. An additional inspection
fee shall be paid by the applicant for each inspection subsequent
to the first inspection referred to above.
A document of certification shall be valid for
a period of one year from the date of issuance. Real estate may be
sold during the one-year effective life of such document without further
dye testing or certification.
A document of certification shall not be required
in the following instances:
A.
When property is refinanced but no conveyance takes
place.
B.
When an improvement to real estate has been recently
constructed in accordance with a valid building permit and has been
inspected by the Building Inspector and has not been formally occupied.
If such property is sold after one year of the date of the certificate
of occupancy or the inspections referred to in this subsection, compliance
with this article is mandatory.
C.
Individual apartment-type units within a single condominium
building may be sold without individual certification, provided that
the building in which the units are located has been certified no
longer than one year previous to the date of the sale of the individual
condominium unit.
D.
When the real estate is such that tap-in to the sanitary
sewer system is not required by law or ordinance.
A temporary document of certification may be
issued, at the Township's sole discretion, when either:
A.
The applicant proves that a dye test cannot be performed
because of weather conditions. When such is the case, the applicant
shall provide the Township with security in the amount of $500 to
guarantee that the dye test will be performed. The applicant will
cause to have the dye test performed within 14 days of written notification
from the Township or the Washington-East Washington Joint Authority,
which will be given at such time as weather conditions make the dye
test possible. In addition, where closing is scheduled to take, or
takes, place prior to a dye test being conducted due to weather conditions,
the applicant shall provide a signed, written acknowledgment from
the purchaser agreeing to correct, at the purchaser's sole cost and
expense, any violations that may be discovered as a result of subsequent
dye tests. Nothing in this subsection shall prohibit any purchaser
from requiring the applicant to reimburse the purchaser for any costs
incurred; provided, however, 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 compliance with this Code;
or
B.
When an illegal stormwater or surface water connection
is 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 Township
for a temporary document of certification, which may only be issued
when the applicant provides the Township with all of the following:
a bona fide, executed contract between the applicant and inspector
to complete the necessary remedial work, with the Township listed
as a third-party beneficiary; cash security in the amount of said
contract is posted with the Township; and a written agreement by the
purchaser to be responsible for all cost overruns and extras related
to the remedial work, together with a written license to enter upon
the property to complete work in case of default of the contractor
referred to above. The Township shall determine when such temporary
document of certification shall expire. Upon expiration, the security
shall be forfeited, and the Township may use the security to have
the necessary remedial work completed.
A.
A request for a municipal lien or tax certification
letter must be accompanied by a valid document of certification and
payment of the required fees, which shall be delivered to the Township
at least seven days before such letters are to be provided. The amount
of the fee for each item shall be as established.
B.
Where requested by a property owner or his agent,
and subject to time availability as determined solely by the Township,
the Township may issue municipal lien or tax certification letters
on two days' notice upon the payment of an expedition fee in addition
to the fees set forth above. The amount of the expedition fee shall
be as established.
The Township Manager is hereby empowered to
undertake the duties imposed by this article, including, but not limited
to:
An application fee of $50 is hereby established.
An inspection/testing fee of $35 is hereby established. The total
fee of $50 is to be paid to the Township at the time of making the
application referred to in this article. An additional inspection/testing
fee shall be paid by the applicant for each inspection subsequent
to the first inspection.
Nothing in this article shall limit in any fashion
whatsoever the Township's right to enforce its ordinances or the laws
of the commonwealth. Nothing in this article shall be a defense to
any citation issued by any municipal corporation or the commonwealth
pursuant to any other law or ordinance.
Any person who violates any of the provisions of this article may be charged with such violation and, upon conviction thereof, shall be punishable as provided in § 1-3, Civil enforcement, of the Code of the Township of South Strabane, except that whenever any person violating any of the provisions of this article is notified of such violation, in writing, by the Township, each day or portion thereof a violation occurs or continues to occur shall constitute a separate violation.
