[Adopted 5-9-1989 by Ord. No. 1638]
As used in this article, the following terms shall have the meanings indicated:
- DOCUMENT OF CERTIFICATION; EVIDENCE OF COMPLIANCE
- An official statement from the Building Inspector of the Township of Shaler, stating that there are no illegal stormwater or surface water connections into the sanitary sewer system on the specific property which is being sold.
- DYE AND/OR SMOKE TEST
- Any commonly accepted method of testing wherein dye and/or smoke is introduced into the stormwater, surface or subsurface water collection system and downspouts of real estate property to determine if any illegal stormwater or surface water is entering the sanitary sewer system.
- ILLEGAL STORMWATER OR SURFACE WATER CONNECTIONS
- The connection of any basement seepage, surface water, subsurface drains, downspouts, roof drainage or surface areaway drainage into the sanitary sewer system.
- MUNICIPAL LIEN AND PROPERTY TAX VERIFICATION LETTER
- A written letter from the proper official of the Township of Shaler concerning municipal liens and property taxes.
- Any person, syndicate, associate, partnership, firm, corporation, institution, agency, authority or other entity recognized by law as the subject of rights and duties.
[Amended 4-14-1998 by Ord. No. 1757]
After the effective date of this article, it shall be unlawful for any person to sell any real estate within the Township of Shaler on which a building or improvement exists without first delivering to the purchaser a document of certification or a temporary document of certification from the proper officers of the Township of Shaler, unless a smoke and dye test certification was obtained within the previous three years for such real estate.
[Amended 4-14-1998 by Ord. No. 1757]
Any person selling real estate located within the Township of Shaler (hereinafter "applicant") shall make application on a form furnished by the Township of Shaler at least 14 days before the date of sale unless a smoke and dye test certification was obtained within the previous three years. The Township shall then perform a dye test and/or smoke test on such real estate, unless such property was tested within the previous three years, said smoke test to involve the use of nontoxic, nonstaining smoke which is forced through the real estate sewer system by the use of air blowers. The Township shall complete the appropriate portions on the form that the property has been dye tested and/or smoke tested and certify the results of such test. In the event that there are no illegal stormwater or surface water connections, the Building Inspector or his designate shall issue a document of certification upon the payment of $15. When an illegal stormwater or surface water connection is discovered by the means of the above-mentioned testing, no document of certification will be issued until the illegal connections are removed, inspected and approved by the Township.
A temporary document of certification may be issued, at the Township's sole discretion, only under the following circumstances:
When such testing cannot be performed because of weather conditions, the applicant shall provide the Township with security in the amount of $200 to guarantee that the appropriate test will be performed. The Township will make the appropriate test at such time as weather conditions make such testing possible. In addition, the applicant shall provide a signed written acknowledgment from the purchaser of the real estate, agreeing to correct, at the said purchaser's sole expense, any violations that may be discovered as the result of subsequent tests. Nothing in this subsection shall prohibit any purchaser from requiring the applicant to reimburse the purchaser for any costs incurred; provided, nevertheless, that primary liability shall run with the land, and no such agreement shall affect the Township's enforcement powers or excuse the current owner from performance.
When illegal stormwater or surface water connections have been discovered and necessary remedial activities to correct such connection would require a length of time such as to create a practical hardship for the applicant, the applicant may apply to the Building Inspector for a temporary document of certification, which may only be issued when the applicant provides the Township with all of the following:
Cash security in the amount of the contract for the completion of the necessary remedial work is posted with the Township.
An agreement by the purchaser to be responsible for all cost overruns related to the remedial work, together with a license to the Township to enter upon the property to complete such work in case of default by the contractor. The Building Inspector shall determine, by regulation, when such temporary document of certification shall expire, at which time the security shall be forfeited, and the Township may use the security to have the necessary remedial work completed.
The Building Inspector is hereby authorized, empowered and directed to make reasonable rules and regulations for the operation and enforcement of this article as he deems necessary, which shall include, but not be limited to:
Establishing acceptable forms of security or guaranties.
Establishing the forms of application, fees and purchaser acknowledgments.
Limiting the times of year in which temporary documents of certification are available for reasons of weather.
Such other rules and regulations as are necessary for the operation and enforcement of this article.
All rules and regulations issued pursuant to this section shall be in writing and be approved by the Board of Township Commissioners prior to such rules and regulations being effective.
Nothing in this article shall limit, in any fashion whatsoever, the Township's right to enforce its ordinances or the laws of the Commonwealth of Pennsylvania. 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.
[Amended 6-13-2006 by Ord. No. 1846]
Unlawful connections. After the date of this section, it shall be unlawful for any person to connect any rain leader, roof drain, downspout, gutter, parking lot drain, driveway drain, interior or exterior sump, french drain, spring or other collector or source of surface or subsurface stormwater, including but not limited to the fresh air vent of the improved and sewered property's sanitary sewer, to the Township's sanitary sewer system.
Removal of all unlawful connections without unnecessary delay. If a dye or smoke test reveals the existence of one or more surface or subsurface stormwater connections to the Township's sanitary sewer system, the Township Building Inspector or his designee shall order the removal of all unlawful surface and/or subsurface stormwater connections without unnecessary delay and in no event longer than 60 days.
Violations and penalties. Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of this article or any regulation or requirement pursuant thereto and authorized thereby or who shall fail, neglect or refuse to remove any unlawful connection without unnecessary delay shall, upon conviction before any Magisterial District Judge, be sentenced to pay a fine of $600 per day for each and every offense as well as costs of prosecution and, in default of payment thereof, to imprisonment for a term not to exceed 90 days. Whenever such person shall have been notified that he or she is committing such a violation of this section, each day that he or she shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.
Editor's Note: This ordinance also provided that: "Subsequent dye testing program. This ordinance shall not preclude the Township of Shaler from conducting dye testing or other testing or inspection, or implementing a program of dye testing or inspection, within the Township for purposes of discovering or locating the inflow of surface or subsurface stormwater to the sanitary sewer system."