[Adopted 9-26-1994 by Ord. No. 98]
[Amended 8-24-2015 by Ord. No. 2015-02]
The Pennsylvania Department of Environmental Protection has directed that all municipalities take those steps necessary and proper to eliminate improper water infiltration into their sanitary sewer system. In that regard, Union Township finds that excessive stormwaters and/or surface waters may be illegally routed into the sanitary sewer systems owned and operated by the Peters Creek Sanitary Authority and the Elrama Sewerage System owned by 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. Union Township finds that the procedures, fees and penalties provided for herein are necessary to achieve the purposes of this article.
[Amended 8-24-2015 by Ord. No. 2015-02]
The Board of Supervisors hereby designates the Peters Creek Sanitary Authority and the Elrama Sewerage System to administer and enforce, within their jurisdictions, this article.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
AUTHORITY
Peters Creek Sanitary Authority or the Elrama Sewerage System.[1]
CODE
Union Township ordinances, as the same may from time to time be amended.
DOCUMENT OF CERTIFICATION
An official statement from the Authority 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 code.
ILLEGAL STORMWATER OR SURFACE WATER CONNECTIONS
The discharge of basement seepage or groundwater or the connection of downspouts, roof drainage or surface or areaway drainage into the sanitary sewer system.
MUNICIPAL LIEN AND PROPERTY TAX VERIFICATION
A written letter from the Township concerning municipal liens and property taxes.
PERSON
Any person, syndicate, association, partnership, firm, corporation, institution, agency, authority or other entity recognized by law as the subject of rights and duties.
TEMPORARY DOCUMENT OF CERTIFICATION
A temporary statement of certification from the Authority issued pursuant to the terms of this article.
TOWNSHIP
Union Township.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
After the effective date of this article, it shall be unlawful for any person, without first delivering to the purchaser a document of certification or a temporary document of certification issued by the Authority, to sell or purchase real estate situate within the Township and upon which a building or improvement exists.
A. 
Any person selling real estate as described in § 211-5 of this article that is located within the Township (hereinafter referred to as "applicant") shall make application on a form furnished by the Authority at least 21 days before the date of closing the sale. The applicant shall 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 Authority (hereinafter referred to as "inspector").
B. 
The inspection fee shall be in an amount set by resolution of the Authority. The inspection fee shall be paid to the Authority at the time of making the application referred to in this section.
C. 
Such inspector shall complete the appropriate portions of the form and certify that the property has been dye tested and shall also certify the results of such test. In the event there are no illegal stormwater or surface water connections, the Authority shall, upon payment of such fee as set by resolution of the Authority, issue a document of certification. 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 in this section.
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 Township and/or the 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 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 by the Authority, at its sole discretion, when either:
A. 
The applicant proves that dye testing cannot be performed because of weather conditions. When such is the case, the applicant shall provide the Authority with security in such amount as the Authority, 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 Authority, 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 the Authority'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, applicant may apply to the Authority for a temporary document of certification, which may only be issued when the applicant provides the Authority with all of the following: 1) a bona fide executed contract between the applicant and a contractor to complete the necessary remedial work, with the Authority listed therein as a third-party beneficiary; and 2) cash security in the amount of said contract is posted with the Authority; and 3) 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 Authority's Secretary shall determine when such temporary document of certification shall expire. Upon expiration, the security shall be forfeited and the Authority 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 issued pursuant to this article and the payment of the required fees.
B. 
Where requested by a property owner or his agent and subject to time availability as determined solely by the Township Manager, the Township may issue municipal lien and 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 established by resolution of the Board of Supervisors.
The Authority is hereby empowered to undertake the duties imposed by this article, including but not limited to:
A. 
Establishing acceptable forms of security or guarantees.
B. 
Establishing the form of:
(1) 
Applications;
(2) 
Purchaser acknowledgements; and
(3) 
Inspector certifications.
C. 
Limiting the times of year in which the temporary document of certification is available for reasons of weather.
Nothing in this article shall limit in any fashion whatsoever the Authority's or Township's right to enforce its resolutions, 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.
A. 
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. [1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Whenever any person violating any of the provisions of the article is notified, in writing, by the Authority, of such violation, each day or portion thereof a violation occurs or continues to occur shall constitute a separate violation.
C. 
In addition to and not in lieu of the foregoing, the Township and/or Authority may seek equitable and legal relief to compel compliance with this article.