[HISTORY: Adopted by the Board of Supervisors of the Township
of Buffalo as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-3-2010 by Ord. No. 57]
This article shall 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:
Buffalo Township, 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 downspouts, roof drainage or surface or areaway drainage
into the sanitary sewer system.
A written letter from the Township 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 article.
Buffalo Township.
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
or certification from the Township.
A.
Any person selling real estate located as defined in 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 Buffalo
Township (hereinafter referred to as "inspector")
B.
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.
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. On the event there are no illegal storm or surface
water connections, the inspector 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 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 the section.
D.
Such inspection shall include a visual review of the existing service
line for conformance with the current service line detail. When the
existing service line is found to be in nonconformance, 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.
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 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 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 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 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
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 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 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.
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 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.
B.
Where requested by a property owner or his agent and subject to time
availability as determined solely by the inspector, the Township may
issue Municipal Lien and Tax Certification Letters on two days'
notice upon the payment of an expedition fee I addition to the fees
set forth above. The amount of the expedition fee shall be established
by resolution of the Board of Supervisors.
The Inspector is hereby empowered to undertake the duties imposed
by this article, including but not limited to:
The Board of Supervisors 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, firm or corporation who shall violate any provision of
this article, upon conviction thereof in an action brought before
a Magisterial District Judge 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 article is notified of such violation in writing by the Inspector,
each day that a violation of this article continues or each section
of this article which shall be found to have been violated shall constitute
a separate offense.
B.
In addition to and not in lieu of the foregoing, the Township may
seek equitable and legal relief to compel compliance with this article.
This article shall become effective 60 days after its enactment
and adoption.
