[Adopted 9-26-1994 by Ord. No. 98]
[Amended 8-24-2015 by Ord. No. 2015-02]
The Pennsylvania Department of Environmental Protection has
directed that all municipalities take those steps necessary and proper
to eliminate improper water infiltration into their sanitary sewer
system. In that regard, Union Township finds that excessive stormwaters
and/or surface waters may be illegally routed into the sanitary sewer
systems owned and operated by the Peters Creek Sanitary Authority
and the Elrama Sewerage System owned by 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. Union Township finds that the
procedures, fees and penalties provided for herein are necessary to
achieve the purposes of this article.
[Amended 8-24-2015 by Ord. No. 2015-02]
The Board of Supervisors hereby designates the Peters Creek
Sanitary Authority and the Elrama Sewerage System to administer and
enforce, within their jurisdictions, this article.
This article may be known and cited as the "Union Township Dye
Test Ordinance."
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
Peters Creek Sanitary Authority or the Elrama Sewerage System.[1]
Union Township ordinances, as the same may from time to time
be amended.
An official statement from the Authority 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 code.
The discharge of basement seepage or groundwater 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 Authority
issued pursuant to the terms of this article.
Union Township.
After the effective date of this article, it shall be unlawful
for any person, without first delivering to the purchaser a document
of certification or a temporary document of certification issued by
the Authority, to sell or purchase real estate situate within the
Township and upon which a building or improvement exists.
A.
Any person selling real estate as described in § 211-5 of this article that is located within the Township (hereinafter referred to as "applicant") shall make application on a form furnished by the Authority at least 21 days before the date of closing the sale. The applicant shall 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 Authority (hereinafter referred to as "inspector").
B.
The inspection fee shall be in an amount set by resolution of the
Authority. The inspection fee shall be paid to the Authority at the
time of making the application referred to in this section.
C.
Such inspector shall complete the appropriate portions of the form
and certify that the property has been dye tested and shall also certify
the results of such test. In the event there are no illegal stormwater
or surface water connections, the Authority shall, upon payment of
such fee as set by resolution of the Authority, issue a document of
certification. 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 this
section.
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 Township and/or the Authority 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 by the Authority,
at its 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 Authority with security in such amount as the Authority,
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 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 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 the Authority'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 Authority for a temporary
document of certification, which may only be issued when the applicant
provides the Authority with all of the following: 1) a bona fide executed
contract between the applicant and a contractor to complete the necessary
remedial work, with the Authority listed therein as a third-party
beneficiary; and 2) cash security in the amount of said contract is
posted with the Authority; and 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. The Authority's Secretary shall determine when such temporary
document of certification shall expire. Upon expiration, the security
shall be forfeited and the Authority 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 issued pursuant to
this article and the payment of the required fees.
B.
Where requested by a property owner or his agent and subject to time
availability as determined solely by the Township Manager, 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.
The Authority is hereby empowered to undertake the duties imposed
by this article, including but not limited to:
The Authority may, from time to time, by resolution, change
the fees authorized in this article.
Nothing in this article shall limit in any fashion whatsoever
the Authority's or Township's right to enforce its resolutions,
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 or permits a violation of this article 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. [1]
B.
Whenever any person violating any of the provisions of the article
is notified, in writing, by the Authority, of such violation, 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 and/or
Authority may seek equitable and legal relief to compel compliance
with this article.
