[Adopted 7-24-2003 by Ord. No. 8-2003]
The Board of Supervisors of the Township of North Franklin finds
that excessive stormwaters 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 article.
This article may be known and cited as the "Dye Test Ordinance."
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
Township of North Franklin 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 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 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 § 354-34 of this article.
Township of North Franklin, Pennsylvania
After the effective date of this article, 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.
A.
Any person selling real estate located as defined in § 345-30 of this article 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 Township of North Franklin or the Washington/East Washington Joint Authority (hereinafter referred to as "Inspector").
B.
The inspection fee shall be in an amount set by resolution of the
Board of Supervisors of the Township of North Franklin. The inspection
fee shall be paid to the Township at the time of making the application
referred to in this section.
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 Secretary or her designate shall issue a document of certification upon payment of such fee as set by resolution of the Township. 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 § 345-31A.
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 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 singe 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 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 North Franklin 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 Township of 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 my 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
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 Township Secretary 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 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 Secretary shall determine
when such temporary document 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 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 North Franklin.
B.
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 North Franklin Township.
The Township Secretary is hereby empowered to undertake the
duties imposed by this article, including, but not limited to:
The Board of Supervisors of the Township of North Franklin may,
by resolution, change, from time to time, the fees authorized in this
article.
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.
A.
Any person who violates any of the provisions of this article may
be charged with such violation and, upon conviction thereof, shall
be sentenced to pay a find of not more than $500 for each violation
or, alternatively, sentenced to pay a fine of not more than the maximum
permitted under Pennsylvania law as the same may be from time to time
amended and in effect as of the date of conviction. In default of
payment of imposed fines, the offender may be imprisoned for a term
not to exceed 30 days.
B.
Whenever any person violating any of the provisions of this article
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.
C.
In addition to and not in lieu of the foregoing, the Township may
seek equitable and legal relief to compel compliance with this article.
If any provision of this article is adjudged to be invalid or
unconstitutional, such adjudication shall not effect the validity
of this article or chapter as a whole or any part or provision not
adjudged to be invalid or unconstitutional.
All of the remaining portion of Chapter 345 shall remain the same.
All penalties or assessments imposed under this article shall
be paid to the Township Secretary.
Any ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
This article shall take effect immediately upon passage.
