[Adopted 10-27-1997 by Ord. No. 906]
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:
- TOWNSHIP LIEN LETTER
- A written letter from the Township concerning municipal liens.
- DYE TEST
- Any commonly accepted plumbing test wherein dye is introduced into the storm, surface or subsurface water collection system of real property to determine if storm, 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 storm, 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.
- ILLEGAL STORM, SURFACE OR SUBSURFACE WATER CONNECTIONS
- 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.
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 storm, 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 storm, surface or subsurface water connection, no evidence of compliance shall be issued by the Township until such time as all illegal storm, 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.
Temporary evidence of compliance may be issued at the Township's sole discretion when either:
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 storm, 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
When one or more illegal storm, 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.
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:
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.
Cash security in the amount of said contract, posted with the Township.
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 § 131-61 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 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.
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.
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:
Establishing acceptable forms of security or guaranty;
Establishing the form of applications, purchaser acknowledgments and agreements and plumber certifications;
Limiting the times of year in which temporary evidence of compliance may be available for reasons of weather; and
Establishing the length of time during which a temporary evidence of compliance may remain valid.
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.
Any person violating any provisions of this article or of any regulation or requirement pursuant thereto and authorized thereby shall, upon conviction, be subject to the maximum penalty provided by law.