This article may be known and cited as the "Wilkins Township
Dye Test Ordinance."
Terms used in this article shall have the meanings set forth
as follows:
DYE TEST
Any commonly accepted plumbing test wherein dye is introduced
into the stormwater surface or subsurface water collection system
of real property to determine if stormwater, surface or subsurface
water is entering the sanitary sewer system.
EVIDENCE OF COMPLIANCE
An official statement from the Township stating that it has
on file a written statement from a licensed plumber that there are
no illegal stormwater, surface or subsurface water connections into
the sanitary sewer system which would violate Township or county ordinances,
state or federal statutes or Township, county or state plumbing regulations.
PERSON
Any person, partnership, association, syndicate, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
After the effective date of this article, it shall be unlawful
for any person to sell real property within the Township on which
a building or improvement exists without first delivering to the purchaser
evidence of compliance or temporary evidence of compliance from the
Township.
Any person proposing to sell real property located within the
Township (hereinafter "applicant") shall, no less than 14 days prior
to the date set for final closing and settlement and closing of such
proposed transfer, make application to the Township for evidence of
compliance, which application shall be stated on or in a form to be
provided by the Township. Immediately after making such application,
the applicant shall deliver a true and correct copy of the application
to a plumber who is registered and licensed by the Allegheny County
Health Department and shall cause the plumber to perform a dye test
upon the real property proposed to be sold. The plumber, after having
completed the dye test, shall complete the appropriate portions of
the application confirming that the property has been dye tested and
certifying the results of such test. In the event that there are no
illegal stormwater, surface or subsurface water connections existing
upon the real property proposed to be sold, the Township Manager,
or his or her designee, shall, upon payment of a fee which shall from
time to time be established by resolution of the Board of Commissioners
of the Township, issue evidence of compliance. If the dye test reveals
the existence of an illegal stormwater, surface or subsurface water
connection, no evidence of compliance shall be issued by the Township
until such time as all illegal stormwater, surface or subsurface water
connections are removed from the real property proposed to be sold
and certification of the same is received by the Township from a plumber
registered and licensed as aforesaid.
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 law or ordinance.
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days. Each day that the violation continues
shall be considered a separate offense.