[Adopted 4-26-2011 by Ord. No. 3-2011]
It is hereby determined by the Board of Supervisors of the Township
of South Strabane that there exist numerous properties with on-lot
sewage septic systems that have illegal malfunctions and, at the time
the property is sold, create extreme hardship and expense to the new
property owner. The Township finds that the procedures, fees and penalties
provided for herein are necessary to achieve the intended purpose
of this article, primarily to inform purchasers of real property within
the Township of the condition of the existing septic system and to
correct malfunctions of such system.
This article may be known, and referred to, as the "South Strabane
Township On-Lot Sewage Dye Test Ordinance."
Unless the context specifically and clearly indicates otherwise,
the following terms shall be defined as follows:
An official statement from the Township stating that there
is no illegal wastewater seepage on the property to be sold or onto
adjacent property or into nearby streams, or any condition which would
violate the laws of the Commonwealth of Pennsylvania or any Township
ordinance, rule or regulation.
A written statement from the Township regarding municipal
liens and property taxes pertinent to a subject property.
Any person, syndication, association, partnership, firm,
corporation, institution, agency, authority or any other entity recognized
by law as the subject of rights and duties.
The Washington County Sewage Council.
The Township of South Strabane.
After the effective date of this article, it shall be unlawful
for any person to sell real estate within the service area on which
a building or improvement exists without first delivering to the purchaser
a document of certification, issued by the Township.
A.
Any person selling real estate located within the service area (hereinafter
said person referred to as "applicant") shall, at least 21 days prior
to the date of closing, make application for a document of certification
on a form furnished by the Township. The applicant shall then cause
to be performed a dye test on the property to be sold. All dye tests
shall be performed by the Washington County Sewage Council.
B.
An inspection fee shall be set by the Authority. The inspection fee
shall be paid to the Authority at the time of making the application
referred to herein.
C.
The Authority shall complete the appropriate portions of the form
and certify both that the property has been dye tested and the results
of such test. In the event there is no illegal seepage or any violation,
the Township shall issue a document of certification, provided all
applicable fees have been paid. When an illegal seepage or any violation
is discovered by means of the above-mentioned dye test, no document
of certification will be issued until the illegal malfunction or violation
is corrected and certification of such correction is received. An
inspection fee shall be paid by the applicant for each inspection
subsequent to the initial inspection.
A document of certification shall be valid for a period of one
year from the date of issuance. The subject property 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
circumstances:
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 or appropriate code enforcement officer
of the Township and has not been formerly occupied. If such property
is sold after the one year of the date of a certificate of occupancy,
or the inspections referred to herein, compliance with this article
is mandatory.
C.
Individual apartment-type units within a single condominium building
may be sold without individual unit 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 required by law or ordinance.
A request for a municipal lien or tax certification letter must
be accompanied by a valid document of certification and payment of
all required fees. Said lien or tax certification letter request shall
be delivered to the Township at least seven days prior to the date
when such letters are required. The fee for each request shall be
established by the Township, and no such letter shall be issued until
payment of said fee.
The Washington County Sewage Council is hereby empowered to
undertake the duties imposed upon it by this article, including, but
not necessarily limited to:
The Township may, by resolution, from time to time, change the
fees required by this article.
Nothing in this article shall limit the Township's right to
enforce its ordinances or the laws and regulations of the commonwealth.
If any section, subsection, clause or provision of this article is
held, for any reason, to be invalid, such decision shall not affect
the validity of the remaining portions of this article.
A.
Any person who violates any of the provisions of this article may
be charged with a violation and, upon conviction thereof, be sentenced
to pay a fine of not more than $500, or as the same may be amended
by the Township, by ordinance or as imposed under the laws of the
commonwealth. Upon failure to comply or pay the fine, the offender
may be subject to imprisonment of not more than 30 days.
B.
Each day of violation shall be deemed to be a separate violation
subject to penalty.
C.
In addition to and not in lieu of, the Township may seek any other
applicable legal or equitable remedy to seek compliance with this
article.
