[Ord. 92-10, 12/2/1992, § 1; as amended by Ord.
93-10, 4/7/1993; and by Ord. 2008-02, 8/6/2008]
A structure designed for use as a place from which to manufacture,
fabricate, work with, store or sell any item.
A lot, parcel or tract of land containing one or more dwelling
units or commercial or industrial structure.
A building or structure containing one or more rooms arranged
for the use of one or more individuals living together as a single
housekeeping unit.
Any system of sewage disposal other than a public sewer system.
A municipal sanitary sewer system approved and permitted
by the Pennsylvania Department of Environmental Protection.
Any "broker" or "sales person" as defined in the Real Estate
Licensing Act, 63 P.S. § 455.201, who receives a fee, commission,
or other valuable consideration by reason of the transfer.
Any person, firm or corporation including an attorney, title
abstractor or title company as defined in the Real Estate Settlement
Procedures Act, 12 USC § 2602, who performs settlement services
as defined in the Real Estate Settlement Procedures Act, 12 USC § 2602.
Any interest in real estate which endures for a period of time
the termination of which is not fixed or ascertained by a specific
number of years, including, without limitation, an estate in fee simple,
life estate or perpetual leasehold.
Any interest in real estate enduring for a fixed period of years
but which, either by reason of the length of the term of the grant
of a right to extend the term by renewal or otherwise, consists of
a group of rights approximating those of an estate in fee simple,
life estate or perpetual leasehold, including, without limitation,
a leasehold interest or possessory interest under a lease or occupancy
agreement for a term of 30 years or more or a leasehold interest or
possessory interest in real estate in which the lessee has equity.
Any interest in real estate which will upon satisfaction of
obligations contained in a certain agreement will entitle the purchaser
to obtain an interest in the real estate described in paragraphs .A
or .B above provided possession is or is to be transferred pursuant
to such agreement and prior to the completion of the obligations set
forth in such agreement.
Any grant or conveyance of legal or equitable title to real
estate, excepting, that all transactions excluded from real estate
transfer taxes by reason of the provisions of § 1102-C(3)
of the Pennsylvania Realty Transfer Tax Law, 72 P.S. § 8102-C(3),
shall be excluded.
[Ord. 92-10, 12/2/1992, § II; as amended by Ord.
93-14, 6/2/1993; and by Ord. No. 2023-03, 5/3/2023]
It shall be unlawful for any person to transfer title to real
estate upon which is located either a dwelling unit or a commercial
or industrial structure, the sewage needs of which are supplied by
an on-site sewage disposal system, and it shall be unlawful for a
real estate agent or a settlement agent to receive any commission,
fee or other compensation on account of such transfer, unless within
the 120-day period immediately preceding such transfer the Shrewsbury
Township Sewage Enforcement Officer has executed a document certifying
that within the 30 days immediately preceding such certification he
has verified that the on-site sewage disposal system serving the property
being transferred has been pumped, or in the alternative a new sewage
disposal system meeting current Pennsylvania and Township regulations
has been installed, and that such sewage disposal system was not on
the date of his inspection, which must be within 30 days of the date
of his certification, malfunctioning, so to permit sewage effluent,
gray water or other materials to flow to the surface of the ground
or into the waters of the Commonwealth in violation of the provisions
of the Pennsylvania Sewage Facilities Act[1] and the regulations issued pursuant thereto.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[Ord. 92-10, 12/2/1992, § III; as amended by Ord.
93-10, 4/7/1993]
In the event the inspection by the Sewage Enforcement Officer reveals any on-site sewage disposal system malfunctioning to the surface of the ground or into the waters of the Commonwealth in violation of the previous Section, unlawful for a real estate agent or settlement agent to receive any malfunctioning so as to permit sewage effluent, gray water or prior to transferring the tract, parcel or lot of ground served by the malfunctioning sewage system, the owner thereof shall perform such tests as may be required, and shall follow all of the procedures and time schedules for repair or replacement of such system as are set forth in § 18-102 of the Shrewsbury Township Sewage Permit Ordinance [Chapter 18, Part 1].
[Ord. 92-10, 12/2/1992, § IV]
In the event a lot, tract or parcel shall be transferred in
violation of the provisions of this Part the owner or owners thereof
shall within 10 days of being notified of the illegal transfer cause
the sewage disposal system serving such property to be pumped and
cause the system to be inspected by the Township Sewage Enforcement
Officer.
[Ord. 92-10, 12/2/1992, § V; as amended by Ord.
2004-11, 10/6/2004]
The owner of any lot, tractor parcel required to be inspected
pursuant to the provisions of this Part shall, prior to such inspection,
pay to Shrewsbury Township an inspection fee as set forth in a resolution
adopted by the Board of Supervisors.
[Ord. 92-10, 12/2/1992, § VI; as amended by Ord.
93-10, 4/7/1993; by Ord. 2008-02, 8/6/2008; and by Ord. No. 2023-03, 5/3/2023]
The Township Code Enforcement Officer is hereby authorized to
enforce a violation of the provisions of this Part by initiating a
civil enforcement proceeding before a Magisterial District Justice.
Upon being found liable therefor, a violator shall be subject to a
civil penalty not to exceed $300 for the first offense, $600 for a
second offense, and $1,000 for the third and each subsequent offense
per violation, plus additional daily penalties for continuing violations,
court costs and reasonable attorney fees incurred by the Township
in the enforcement proceedings. In addition to or in lieu of civil
actions before a Magisterial District Justice, the Township may enforce
this Part by an action in equity. Each day that a violation continues
shall be deemed a separate violation. Any transfer in violation of
the requirement of this Part may involve a violation by one or more
realtors, one or more settlement agents and/or one or more sellers,
each of whom shall be subject to separate enforcement proceedings
and penalty.
[Ord. 92-10, 12/2/1992, § VII]
This Part shall be known as the "Shrewsbury Township Sewage
Inspection and Pumping Ordinance."
