[Adopted 10-27-1997 by Ord. No. 906 (Ch. 131, Art. VII, of the 1998 Township
Code)]
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:
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.
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.
The discharge or conduct of basement seepage or groundwater
or the connection of downspouts, roof drainage or surface or areaway
drainage or subsurface water into the sanitary sewer system.
Any person, partnership, association, syndicate, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
A temporary statement from the Township issued pursuant to the terms of § 333-62 of this article.
A written letter from the Township concerning municipal liens.
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.
A.
Temporary evidence of compliance may be issued at the Township's
sole discretion when either:
(1)
The applicant proves that dye testing cannot be performed because
of weather conditions. In this case, the applicant shall provide the
Township with security in the amount as shall be established from
time to time by resolution of the Board of Commissioners of the Township,
to guarantee that the dye test will be performed. The applicant will
cause the dye test to be performed within 14 days of written notification
by the Township, which will be given at such time as weather conditions
permit the administration of the dye test under reliable conditions.
Further, at the time of submitting the application for temporary evidence
of compliance, the applicant shall provide the Township with a signed,
written acknowledgment from the proposed purchaser of the real property
agreeing to correct, at the purchaser's sole expense, any illegal
stormwater, surface or subsurface water connections discovered as
a result of subsequent dye tests. Nothing in this article shall prohibit
any purchaser from requiring the applicant to reimburse the purchaser
for any costs incurred; provided, however, that primary liability
for correction of any illegal connection shall run with the land,
and no agreement between the applicant and the purchaser shall affect
the Township's enforcement powers or effect a discharge of the duties
or obligations of the applicant or of the proposed purchaser as imposed
pursuant to this article; or
(2)
When one or more illegal stormwater, surface or surface water connection
or connections is or are discovered and the remedial activities necessary
to correct such connection or connections would require work extending
over a length of time such as will result in a practical hardship
for the applicant, the applicant may apply to the Township for temporary
evidence of compliance.
B.
Temporary evidence of compliance may only be issued when, after having
demonstrated the existence of the condition described herein, the
applicant additionally provides to the Township all of the following:
(1)
A bona fide executed contract between the applicant and a registered
licensed plumber to complete the necessary remedial work and granting
the borough the legal power to enforce the contract.
(2)
Cash security in the amount of said contract, posted with the Township.
(3)
An agreement by the proposed purchaser of the real property to be responsible for all cost overruns related to the remedial work, together with a license to enter upon the property to complete the work in case of default by the contractor. The Township Manager shall determine by regulation when such temporary evidence of compliance shall expire, and the applicant and the purchaser shall be advised of the expiration date. Upon expiration of the temporary evidence of compliance without the remedial work having been completed and the certification required in § 333-61 of this article having been received by the Township, the security shall be forfeited to the Township and the Township may use the security to have the necessary remedial work completed and may file a lien against the real property for any such shortage between the cost of the work performed, including reasonable legal fees incurred by the Township, and the amount of security posted.
A.
A request for a Township lien letter must be accompanied by a valid
evidence of compliance and the appropriate fee, all of which shall
be delivered at least seven days prior to the day said letter(s) is
(are) to be issued by the Township.
B.
When requested by a property owner or his agent and subject to the same time availability, as determined solely by the Township Manager, the Township may issue an expedited Township lien letter on two days' notice, upon payment of the expedited fee, in addition to the fee required for the issuance of the Township lien letter as set forth by Subsection A of this section.
A.
The Township shall promulgate such reasonable rules and regulations
as approved by the Board of Commissioners for the operation and enforcement
of this article. Such rules and regulations shall include, but not
be limited to, provisions:
(1)
Establishing acceptable forms of security or guaranty;
(2)
Establishing the form of applications, purchaser acknowledgments
and agreements and plumber certifications;
(3)
Limiting the times of year in which temporary evidence of compliance
may be available for reasons of weather; and
(4)
Establishing the length of time during which a temporary evidence
of compliance may remain valid.
B.
Rules and regulations issued pursuant to this section and subsection
shall be in writing and distributed as necessary to ensure compliance
with 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 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.
