[Ord. 164, 12/27/1988]
The Board of Supervisors finds that excessive storm and/or surface
waters are illegally routed into the sanitary sewer systems leased
by the Township from the North Strabane Municipal Authority, 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 of Supervisors
finds that the procedures, fees and penalties provided for herein
are necessary to achieve the purposes of this Part.
[Ord. 164, 12/27/1988]
This Part may be known and cited as the "Dye Test Ordinance."
[Ord. 164, 12/27/1988]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
CODE
North Strabane Township Code of Ordinances, as the same may
be from time to time amended.
DOCUMENT OF CERTIFICATION
An official statement from the Township stating that there
are no illegal storm or surface water connections into the sanitary
sewer connections on the property to be sold which violate any section
of the Code.
PERSON
Any person, syndicate, association, partnership, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
[Ord. 164, 12/27/1988]
After the effective date of this Part, it shall be unlawful
for any person to sell or 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.
[Ord. 164, 12/27/1988; as amended by Ord. 165, 5/9/1989;
and by Ord. 318, 5/29/2007]
1. Any person selling real estate located as defined in § 404
of this Part that is 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 North Strabane Township Municipal Authority (hereinafter referred
to as "inspector").
2. The inspection fee shall be in an amount set by resolution of the
Township Board of Supervisors. The inspection fee shall be paid to
the Township at the time of making the application referred to in
this Section.
3. 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. On the event there are no illegal storm or surface water connections, the Township Manager or his designate shall issue a Document of Certification upon payment of such fee as set by resolution of the Township Board of Supervisors. When an illegal storm or surface water connection is discovered by means of the abovementioned 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 in § 405, Subsection
1.
4. Such inspection shall include a visual review of the existing service
line for conformance with the current service line detail as outlined
in the Manual of Procedures of NSTMA. When the existing service line
is found to be in nonconformance with this standard, the owner shall
consider a new trap and fresh-air vent on the existing service line,
to ensure the safety of the existing house, unless this service line
is of sound quality.
[Ord. 164, 12/27/1988]
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.
[Ord. 164, 12/27/1988]
A Document of Certification shall not be required in the following
instances:
1. When property is refinanced but no conveyance takes place.
2. 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 the North Strabane Township Municipal
Authority and has not been formerly 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
Part is mandatory.
3. 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.
4. When the real estate is such that tap-in to the sanitary sewer system
is not required by law or ordinance.
[Ord. 164, 12/27/1988]
A temporary Document of Certification may be issued at the Township's
sole discretion when, either:
1. The applicant proves that dye testing cannot be performed because
of weather conditions. When such is the case, the applicant shall
provide the Township with security in such amount as the Board of
Supervisors by resolution shall establish 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
which will be given at such time as weather conditions make the dye
test possible. In addition, the applicant shall provide a signed,
written acknowledgement from the purchaser agreeing to correct, at
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 purchaser
for any costs incurred; provided, however, that primary liability
shall run with the land and no such agreement shall affect Township's
enforcement powers or excuse the current owner from compliance with
this Code; or
2. When an illegal storm 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, applicant may apply to the Township Manager for a Temporary
Document of Certification which may only be issued when the applicant
provides the Township with all of the following: (i) a bona fide,
executed contract between the applicant and an inspector to complete
the necessary remedial work with the Township listed therein as a
third party beneficiary; and (ii) cash security in the amount of said
contract is posted with the Township; and (iii) a written agreement
by the purchaser to be responsible for all cost over-runs 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 Manager 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.
[Ord. 164, 12/27/1988]
The Township Manager is hereby empowered to undertake the duties
imposed by this Part, including but not limited to:
1. Establishing acceptable forms of security or guarantees.
2. Establishing the form of (i) applications, (ii) purchaser acknowledgements
and (iii) inspector certifications.
3. Limiting the times of year in which the Temporary Document of Certification
is available for reasons of weather.
[Ord. 164, 12/27/1988]
The Board of Supervisors may, by resolution, change from time
to time the fees authorized in this Part.
[Ord. 164, 12/27/1988]
Nothing in this Part shall limit in any fashion whatsoever the
Township's right to enforce its ordinances or the laws of the Commonwealth.
Nothing in this Part shall be a defense to any citation issued by
any municipal corporation or the Commonwealth pursuant to any other
law or ordinance.
[Ord. 164, 12/27/1988; as amended by Ord. 240, 10/28/1997]
1. Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a district
justice in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
90 days. Whenever any person violating any of the provisions of this
Part is notified of such violation in writing by the Township Manager,
each day that a violation of this Part continues or each Section of
this Part which shall be found to have been violated shall constitute
a separate offense.
2. In addition to and not in lieu of the foregoing, the Township may
seek equitable and legal relief to compel compliance with this Part.
[Ord. 164, 12/27/1988]
This Part shall become effective 60 days after its enactment
and adoption.