[Ord. 2-2004, 4/6/2004, § 1]
This Part shall be known and cited as the Township of Canton
"Dye Testing Ordinance."
[Ord. 2-2004, 4/6/2004, § 2]
The Board of Supervisors of the Township of Canton finds that
excessive storm 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 of Supervisors finds that the
procedures, fees and penalties provided for herein are necessary to
achieve the purposes of this Part.
[Ord. 2-2004, 4/6/2004, § 3]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
Township of Canton Code of Ordinances, as the same may be
from time to time amended.
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.
The discharge of basement seepage or ground water or the
connection of down spouts, roof drainage or surface or areaway drainage
into the sanitary sewer line.
A written letter from the Township Secretary 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 Part.
The Township of Canton, Pennsylvania.
[Ord. 2-2004, 4/6/2004, § 4]
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. 2-2004, 4/6/2004, § 5]
1.
Any person selling real estate located as defined in 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 Washington
East-Washington Joint Authority (hereinafter referred to as "inspector").
2.
The inspector fee shall be in an amount set by resolution of the
Board of Supervisors of the Township of Canton. The inspector fee
shall be paid to the Township at the time of making the application
referred to in the 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. In the event there are no illegal storm or surface
water connections, the Township Secretary or her designee shall issue
a document of certification upon payment of such fee as set by resolution
of the Township. When an illegal storm 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
Part.
[Ord. 2-2004, 4/6/2004, § 6]
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. 2-2004, 4/6/2004, § 7]
1.
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 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.
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.
[Ord. 2-2004, 4/6/2004, § 8]
1.
A temporary document of certification may be issued at the Township's
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 Township with security in such amount as the Board of
Supervisors of Canton Township 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 Washington East-Washington Joint 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 acknowledgment
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 Township's
enforcement powers or excuse the current owner from compliance with
this Code.
B.
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 Secretary for a
temporary document of certification which may only be issued when
the applicant provides the Township with all of the following:
(1)
A bona fide, executed contract between the applicant and an
inspector to complete the necessary remedial work within the Township
listed therein as a third party beneficiary.
(2)
Cash security in the amount of said contract is posted with
the Township.
(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.
2.
The Township Secretary shall determine when such 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. 2-2004, 4/6/2004, § 9]
1.
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 Secretary at
least seven days before such letters are to be provided. The amount
of the fee for each item shall be established by resolution of the
Board of Supervisors of the Township of Canton.
2.
Where requested by a property owner or his agent, and subject to
time availability as determined by the Township, 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 of Canton Township.
[Ord. 2-2004, 4/6/2004, § 10]
[Ord. 2-2004, 4/6/2004, § 11]
The Board of Supervisors of the Township of Canton may by resolution
change, from time to time, the fees authorized in this Part.
[Ord. 2-2004, 4/6/2004, § 12]
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. 2-2004, 4/6/2004, § 13]
1.
Any person who violates or permits a violation of this chapter 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. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code]
2.
Whenever any person violating any of the provisions of this Part
is notified of such violation in writing by the Township Secretary,
each day or portion thereof a violation occurs or continues to occur
shall constitute a separate violation.
3.
In addition to and not in lieu of the foregoing, the Township may
seek equitable and legal relief to compel compliance with this Part.
