Second class township code, the




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Compiler's Note:  Section 302(d) of Act 177 of 1988, known as the General Association Act of 1988, provided that section 1156 (now section 2322), is repealed insofar as it is inconsistent with 15 Pa.C.S. § 1511 (relating to additional powers of certain public utility corporations).

Section 2323.  Penalty for Destroying Signs.--A person shall not destroy, remove, injure or deface any sign legally erected upon or near any public street, road or bridge by the board of supervisors, or by any club, association or other organized body, for the direction, guidance or safety of travelers. A person shall not destroy, remove, injure or deface any temporary traffic-control device legally erected to enhance traffic or worker safety in a construction or maintenance work zone, including, but not limited to, cones, batons, barrels, barricades, signs, sign trucks, arrow boards or other devices specified in a traffic safety plan approved by the township or the Department of Transportation. Any person who violates this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for the first offense and a mandatory fine of five hundred dollars ($500) for the second or any subsequent offense, with costs of prosecution, together with the value of the destroyed, removed or defaced sign. All fines and moneys imposed and collected shall be paid to the township treasurer.

Section 2324.  Protection of Highways from Snowdrifts.--(a)  The board of supervisors may enter private property adjacent to any public road or highway and place thereon a snow fence to within a limit of one hundred feet from the right-of-way line of the public road in order to eliminate snow drifting on the traveled portion of the public road.

(b)  A snow fence may not be placed before the first day of November or remain in place after the first day of April of the succeeding year unless the written consent of the owner is obtained, agreeing to an extension of time for the removal of the snow fence.

(c)  If the board of supervisors and the owner of the property upon which a snow fence is placed and removed under this section cannot agree to the amount of compensation, if any, to be paid to the owner for placing the fence, including the amount of damages, if any, to be paid for injury to the property resulting from placing and removing the fence, the owner may petition the court of common pleas of the county for the appointment of viewers to ascertain the amount of damage incurred in the manner provided in this act for eminent domain proceedings. Damages, if any, when ascertained shall be paid by the township from the general township fund.

Section 2325.  Saving Trees and Shrubbery.--(a)  The board of supervisors or its agents shall not remove any shrub or tree growing within the right-of-way of any township road or street except those shrubs and trees the board of supervisors finds to constitute a hazardous or dangerous condition to the use of the highway or those which impair the use or maintenance of the public road or street. No tree having a trunk diameter in excess of six inches shall be removed without notice of the proposed removal having first been given to the abutting property owner. The township supervisors shall determine by resolution the form of notice to property owners.

(b)  All logs, cordwood, branch wood or other forms of wood derived from the destruction or removal of any trees growing along the highways shall be surrendered to and remain the property of the abutting owners.

(c)  The board of supervisors may clear out brush and other refuse along the sides of the road to the legal width thereof. All clearing and removal of brush and refuse shall be confined to growth that is within the right-of-way and to the removal of branches that in any way interfere with public travel. No other injury by fire, cutting, abrasion or otherwise shall be done to the standing timber.

(d)  Any person who violates the provisions of this section commits a summary offense. All fines shall be paid into the general township fund.

(e)  Nothing in this section prevents the board of supervisors or roadmasters or other persons in their employ from removing roadside trees which may be thrown down by wind or lodged in a position as to be a menace to public travel or which, by reason of any other cause, may become a source of danger to the public.

Section 2326.  Obstructions and Nuisances.--Any person who obstructs any public road or commits any nuisance thereon by felling trees, making fences, turning the road, diverting water onto or in any other way and who does not, on notice given by the board of supervisors, immediately remove the obstruction or nuisance and repair the damages done to the road commits a summary offense. Nothing in this section shall debar a prosecution for any nuisance as in case of misdemeanor at common law.

Section 2327.  Traffic Lights and Signals.--The board of supervisors may provide for the erection, maintenance and operation of traffic lights and traffic signals in accordance with 75 Pa.C.S. (relating to vehicles).

Section 2328.  Regulation of Parking.--(a)  The board of supervisors may by ordinance regulate parking, provide parking accommodations to promote the convenience and protection of the public, post signs regulating parking in areas established or designated for handicapped or severely disabled veteran parking and impose penalties for the violation of those regulations.

(b)  The board of supervisors may provide for the erection, maintenance and regulation of parking meters, and it may by ordinance establish parking meter charges and impose penalties for the violation of those regulations.

Section 2329.  Naming of Streets.--The board of supervisors may provide for and regulate the naming of streets, roads and highways. When the naming of a street, road or highway will affect signing maintained by the Department of Transportation, the board of supervisors shall notify the department.

Section 2330.  Bike Paths.--The board of supervisors may provide for the construction and maintenance of bike paths for the protection or convenience of the traveling public.

Section 2331.  County Bridges.--When the cost of construction or maintenance of a bridge located within the township is paid in whole or in part by the county, the board of supervisors may make agreements for the maintenance and repair of the bridge.

Section 2332.  Boundary Roads and Bridges.--(a)  When any road or bridge, other than a State or county road or bridge, is created or located along, on or over boundaries between townships and any other municipal corporation, the creation, location, construction, maintenance and repair of the road or bridge shall be the joint responsibility of the township and the municipal corporation with which the common boundary is shared.

(b)  The board of supervisors may make agreements with any adjacent municipal corporation to provide for the apportionment of the cost of construction, repair and maintenance of boundary roads or bridges.

(c)  If an amicable agreement on the proportionate share of costs of construction, repair and maintenance of boundary roads or bridges cannot be executed, the board of supervisors or the governing body of the other municipal corporation involved may petition the court of common pleas of the county or counties for a determination of the rights and responsibilities of the respective municipal corporations involved.

 

ARTICLE XXIV



SIDEWALKS, FOOTPATHS AND CURBS

 

Section 2401.  Location, Lines, Grades and Width of Curbs, Sidewalks or Footpaths; Costs.--(a)  The board of supervisors may by ordinance regulate the line, grade and width of curbs, sidewalks or footpaths constructed along the roads or highways in the township, shall have general supervision over them and may establish a grade or grades for curbs, sidewalks or footpaths, which grade or grades may be separate and apart from the grade or grades established for the cartway or roadway.



(b)  If the highway is a State or county highway, the written consent of the Department of Transportation or the county commissioners shall first be obtained.

(c)  The costs of construction of sidewalks, footpaths or curbs may be paid by one of the following methods:

(1)  The board of supervisors, upon the request of any landowner whose land fronts upon a public road or highway within the township, may establish a sidewalk or curbs along one or both sides of the road or highway along the lands of the owner. When the sidewalks or curbs are established, the landowner shall pay for the construction of the sidewalks or curbs and keep them in repair.

(2)  The board of supervisors may construct sidewalks or curbs along the roads or highways, upon the petition of property owners representing a majority in number of feet front of the properties abutting on the roads or highways where the sidewalks or curbs are to be constructed. When a petition is filed with the board of supervisors, the property owner shall be given notice by the board of supervisors to construct the sidewalk or curb. If the owner fails to complete the sidewalk or curb within a period of sixty days after the receipt of the notice, the board of supervisors may construct the sidewalk or curb. When any sidewalk or curb is constructed by the board of supervisors, the expense of the construction of the sidewalk or curb shall be paid by the abutting property owners in proportion to their frontage. If the owners fail to pay the expenses of the construction of the sidewalk or curb, the board of supervisors may recover the amount by action of assumpsit or may file municipal liens therefor against the abutting properties under law for the filing and collection of municipal liens.

(3)  The board of supervisors may by ordinance in absence of a petition, provide for the construction, reconstruction and repair of sidewalks and curbs within the township. When any sidewalks or curbs are constructed, reconstructed or repaired by the board of supervisors under the ordinance, the expense of the construction of the sidewalks or curbs shall be paid by the abutting property owners in proportion to their frontage, but no owner shall be liable for the cost of construction of the sidewalk or curb in an amount greater than fifteen percent of the assessed valuation of the abutting property. Any expense above the maximum liability of abutting property owners shall be paid by the township. If abutting property owners fail to pay the expenses of the construction of the sidewalks or curbs for which they are liable, the board of supervisors may recover the amount by action of assumpsit or may file municipal liens therefor against the abutting properties under law for the filing and collection of municipal liens.

(4)  When the board of supervisors establishes that any part of any road or highway is dangerous to the traveling public and the danger could be materially reduced or lessened by the construction of a sidewalk, curb or footpath, the board of supervisors may lay out and construct a sidewalk, curb or footpath along the dangerous portion of the road or highway at township expense.

(d)  All assessments for costs levied under this article shall be filed with the township treasurer and collected under section 3302(a).

 

ARTICLE XXV



SANITARY SEWERS

 

Section 2501.  Sanitary Sewers.--The board of supervisors may establish and construct sanitary sewer systems which shall if possible be constructed along and within the lines of the rights-of-way of public roads. If the board of supervisors determines that the systems shall be located on or through private property, the board of supervisors may acquire the land by gift, purchase or eminent domain.



Section 2502.  Sanitary Sewer Connections.--(a)  The board of supervisors may by ordinance require adjoining and adjacent property owners to connect with and use the sanitary sewer system, whether constructed by the township or a municipality authority or a joint sanitary sewer board. In the case of a sanitary sewer system constructed by the township pursuant to either section 2501 or 2516, the board of supervisors may impose and charge to property owners who desire to or are required to connect to the township's sewer system a connection fee, a customer facilities fee, a tapping fee and other similar fees, as enumerated and defined by clause (t) of subsection B of section 4 of the act of May 2, 1945 (P.L.382, No.164), known as the "Municipality Authorities Act of 1945," as a condition of connection to a township-owned sewer collection, treatment or disposal facility. If any owner of property adjoining or adjacent to or whose principal building is within one hundred and fifty feet from the sanitary sewer fails to connect with and use the sanitary sewer for a period of sixty days after notice to do so has been served by the board of supervisors, either by personal service or by registered mail, the board of supervisors or their agents may enter the property and construct the connection. The board of supervisors shall send an itemized bill of the cost of construction to the owner of the property to which connection has been made, which bill is payable immediately. If the owner fails to pay the bill, the board of supervisors shall file a municipal lien for the cost of the construction within six months of the date of completion of the connection.

(b)  When an existing sanitary sewer system owned by or leased to a township is extended or altered at the expense of a developer or other private person or corporation under the supervision of the township or a municipality authority of the township, the board of supervisors may by ordinance or resolution take over the extension or alteration and compel all owners of property which is not already connected to an existing public sanitary sewer system and which is accessible to and whose principal building is within one hundred and fifty feet from the sanitary sewer extension to make connection therewith and use the sanitary sewer system as the board of supervisors may order.

(c)  Whenever a sewer system or any part or extension thereof owned by a township has been constructed by the township at the expense of a private person or corporation or has been constructed by a private person or corporation under the supervision of the township at the expense of the private person or corporation, the board of supervisors shall have the right to charge a tapping fee, including a reimbursement component, and refund said reimbursement component to the person or corporation who has paid for the construction of said sewer system or any part or extension thereof.

(d)  The board of supervisors shall not require any commercial or industrial business to connect to the township sanitary sewer system when the commercial or industrial business is operating a private sanitary sewage treatment plant under mandate of any agency of the Federal or State Government. This exemption shall last as long as the private sanitary sewage treatment plant continues to meet the specifications and standards mandated by the Federal or State agency and for forty-five days after that. If, during the days immediately after the day a business' private sanitary sewage treatment plant is determined to be below Federal or State mandates, repairs cannot be made to bring the private sewage treatment system back up to satisfactory condition, the board of supervisors may require the business to connect to the township sanitary sewer system. The full costs of connection to and any necessary refurbishing of the township sanitary sewer system shall be paid by the business.

(e)  The exemption in subsection (d) is not available in any situation where the business seeking to use it had notice, either actual or constructive, before construction of its sewage treatment plant, of the township's intention to construct a sanitary sewer system and to require that business to connect with its system.

(f)  The Department of Environmental Protection shall not issue any permit to allow a commercial or industrial business to construct its own private sewage treatment plant without the written consent of the board of supervisors of the township in which the private sewage treatment plant is proposed to be located.

 

Compiler's Note:  The act of May 2, 1945 (P.L.382, No.164), referred to as the Municipality Authorities Act of 1945, referred to in subsec. (a), was repealed by the act of June 19, 2001 (P.L.287, No.22). The subject matter is now contained in 53 Pa.C.S. § 5607(d)(24) (relating to purposes and powers).

Section 2503.  Notice of Contemplated Construction.--No sanitary sewer system shall be constructed under this article unless a resolution of the board of supervisors authorizing the construction is published in a newspaper of general circulation in the township once a week for three successive weeks.

Section 2504.  Entering Lands to Mark Sanitary Sewer Routes; Damages.--In the absence of an agreement with the owners of land required for sanitary sewer systems or for the marking of the route of the systems, the board of supervisors or its agents have the right to enter the lands for that purpose. For all damage done by entering the land under this section, the general fund of the township shall be pledged as security. Damages shall be determined by viewers under this act for eminent domain proceedings.

Section 2505.  Sanitary Sewer Systems; Acquisition of Land and Facilities; Damages.--The board of supervisors may acquire by eminent domain or make contracts with other municipal corporations, corporations or persons for the acquisition of lands or facilities for the location, construction, maintenance, reconstruction and enlargement of sanitary sewer systems and treatment facilities. Acquisitions may be made for the purpose of future construction or additions to existing systems. The acquired land may be located either inside or outside the boundaries of the township. For all damage done to owners of land by reason of the taking of the land, the general fund of the township shall be pledged as security. Damages shall be determined by viewers under this act for eminent domain proceedings.

Section 2506.  Cost of Construction; How Paid.--All or part of the cost of construction of a sanitary sewer system constructed under this article may be charged upon the properties accommodated or benefited by the construction.

Section 2507.  Sanitary Sewer Districts.--(a)  When a sanitary sewer system is constructed by a township for the accommodation of a certain portion of the township, the board of supervisors may before or after the construction designate the territory accommodated as one sanitary sewer district or divide it into several sanitary sewer districts. The board of supervisors shall estimate the proportion of the cost of the sanitary sewer system to be charged on each of the districts and declare and establish the apportionment by resolution.

(b)  When a sanitary sewer system is constructed by a township for the benefit only of a certain portion of the township and the cost of main sanitary sewers, pumping stations, pressure lines, et cetera, is charged against the sanitary sewer district or sanitary sewer districts, all or part of the amount charged to each district may be assessed to the district by an assessment upon each lot or piece of land in the district, in proportion to its frontage abutting on the sanitary sewer, or by an assessment upon the several properties abutting on the sanitary sewer, in proportion to benefits, or upon the properties connected with and using the sanitary sewers as rental fees, or each lot or piece of ground abutting upon the sanitary sewer may be assessed, in proportion to its frontage or according to benefits, the cost of a local sanitary sewer, and the balance of the amount charged against the district may be assessed upon the properties connected with and using the sanitary sewer, as rental fees. No district shall be charged with more than its due proportion of the cost of the main sanitary sewers, pumping stations, et cetera, used jointly by more than one district. If the whole of the township is accommodated by the sanitary sewer system, it may be treated as a single district.

Section 2508.  Manner of Assessment.--When a township is divided into sanitary sewer districts, the assessment in each district may be by different methods. The assessment, if any, for sanitary sewer system construction shall be charged upon the properties accommodated or benefited by one of the following methods:

(1)  By an assessment, under a resolution or ordinance of the board of supervisors, of each lot or piece of land in proportion to its frontage abutting on the sanitary sewer system, allowing an equitable reduction in the case of corner properties and unusually shaped properties or those properties abutting on more than one collector line of the sanitary sewer as the resolution or ordinance may specify. When the lot or piece of land is on a corner, it shall be assessed for its entire frontage abutting on any sanitary sewer system.

(2)  By an equal assessment on all properties abutting on the sanitary sewer system in proportion to the total cost of construction of the sanitary sewer system. The amount of the charge on each property shall be determined by the board of supervisors.

Section 2509.  Procedure for Assessments.--If taxpayers of the district whose property valuation as assessed for taxable purposes within the district amounts to fifty percent of the total property valuation so assessed or if taxpayers representing fifty percent of the parcels within the district present a petition within three months of the adoption of a resolution or ordinance levying an assessment under section 2508 to the court of common pleas stating that the assessment insufficiently represents the benefits accruing to abutting properties, they may include in the petition a request for the appointment of viewers to assess benefits. The court shall appoint three disinterested viewers, none of whom shall be a resident of that portion of the township which is accommodated by the sanitary sewer system in question, and the viewers shall proceed under this act for the assessment of damages and benefits by viewers. Upon the filing of a petition by taxpayers for appointment of viewers, any assessment made by the board of supervisors and any proceedings shall be stayed pending the disposition of the petition by the court.

(2509 amended June 22, 2000, P.L.400, No.55)

Section 2510.  Liens for Assessments; Costs of Proceedings.--After the amount of the assessment charged upon the several properties has been established by resolution making assessments according to section 2508 or by confirmation of any report of viewers, in whole or in part, the amounts of all assessments are payable to the township treasurer for the use of the sanitary sewer district or districts or the township in which they are assessed. The board of supervisors shall make out bills for the amounts charged against each property, which shall be sent to all property owners whose property will be served by the sanitary sewer system. If the assessment is not paid within ninety days after the mailing of a bill therefor, the board of supervisors shall collect it by action of assumpsit or under law for the filing and recovery of municipal claims.

(2510 amended July 4, 2008, P.L.284, No.34)

Section 2511.  Rental Fees.--(a)  All persons whose property is connected to a sanitary sewer system shall pay to the township treasurer, in addition to the cost of making the connection, a monthly, quarterly, semi-annual or annual charge adopted by a resolution of the board of supervisors. The charges constitute a lien until paid against the property connected to the sanitary sewer system, and the amount thereof may be recovered by due process of law. All water utilities supplying water to users within the boundaries of any township shall at the request of the board of supervisors furnish to the township, on or before the fifteenth day of the month following the month during which bills are issued, a list of all water meter readings and flat-rate water bills and the basis for each flat-rate water charge so that the data may be used in calculating rental fees. The township may pay to the utilities clerical and other expenses incurred in the preparation of the lists.

(b)  Nothing in this section shall be construed to repeal or modify any of the provisions of 66 Pa.C.S. (relating to public utilities).

(c)  All sewer rentals received shall be deposited in a special fund to be used only for the payment of the cost of construction, reconstruction, repair, operation and maintenance of the sanitary sewer system.

Section 2512.  State and County Highways; Consents Necessary.--Sanitary sewers may be constructed in or under any State or county highway. If the construction of sanitary sewers is in or under county highways, the consent of the county commissioners of the county shall first be obtained and, if the construction of sanitary sewers is in or under any State highway, the consent of the Department of Transportation shall first be obtained.

Section 2513.  Municipal Corporation; Municipality Authority; Agreements for Connections; Appointment of Viewers.--(a)  Any township may by agreement connect with an existing sanitary sewer owned by any municipal corporation or municipality authority for either sewage collection or treatment purposes.

(b)  When any township desires to connect with the existing sewer of any municipal corporation or municipality authority, a petition shall be presented by the board of supervisors to the court of common pleas setting forth the facts. The court shall fix a day for hearing upon the petition and direct public notice be given to all interested parties. If the court is of the opinion that the connection can be made without impairing the usefulness of the existing sanitary sewer system, it shall appoint three viewers to view the premises, investigate the facts of the case, assess the necessary costs and expenses of making the connection and the proportionate part of the expense of building the original sanitary sewer system upon the township, determine the proportion of the expense for repairs which the municipal corporation or municipality authority and the township shall bear and determine all other questions liable to arise in connection therewith.

Section 2514.  Report of Viewers.--The viewers shall report the results of their investigation to the court, and the court shall confirm the report within thirty days of its submission unless exceptions are filed. Any interested party may appeal the disposition of filed exceptions.

Section 2515.  Acquisition of Existing Sanitary Sewer Systems.--(a)  The board of supervisors of the township in which the facilities are located may acquire all or part of an existing sanitary sewer system or community subsurface sewage collection and treatment system.

(b)  Acquisition may be by either purchase, when the board of supervisors and the owner can agree on a price not exceeding the actual value of the sanitary sewer system or part thereof to be transferred, or by deed of dedication to the township by the owners of the sanitary sewer system or part thereof or by the exercise of eminent domain.

(c)  If any sanitary sewer system or community subsurface disposal collection and treatment system is acquired by purchase or taking under this section, the cost of acquisition may be distributed or assessed under this act as when a sanitary sewer system is constructed by the township.

(d)  The rights, powers and duties of the board of supervisors with respect to acquired systems are the same as exist with respect to sanitary sewer systems constructed by the township.

Section 2516.  Joint Sanitary Sewer Systems.--(a)  Townships may contract with other municipal corporations and municipal authorities providing for the joint construction or maintenance of sanitary sewer systems and for the connection onto existing sanitary sewer systems. The agreements shall provide for the apportionment of costs among the municipal corporations. The board of supervisors may assess the township's respective portions of the costs, as may be legally assessable, upon property benefited by the facilities. Any portion of the cost not assessed or assessable shall be paid by the respective municipal corporations under the agreement.

(b)  The municipal corporations joining or contemplating joining in the project in order to facilitate the building of the sanitary sewer system and in securing preliminary surveys and estimates may by ordinance provide for the appointment of a joint sanitary sewer board composed of one representative from each of the municipal corporations joining which shall act generally as the advisory and administrative agency in the construction of the improvement and its subsequent operation and maintenance. Members of the joint sanitary sewer board shall serve for terms of six years each from the dates of their respective appointments and until their successors are appointed. The joint sanitary sewer board shall organize by the election of a chairman, vice-chairman, secretary and treasurer. The municipal corporations may in the ordinances creating the joint sanitary sewer board authorize it to appoint an engineer, a solicitor and other necessary assistants and agree to the share of the compensation of those persons each municipal corporation is to pay. The members of the joint sanitary sewer board shall receive compensation for attending board meetings as established in the budget that is prepared by the joint sanitary sewer board and submitted to and adopted by the municipal corporations. The budget item providing for the compensation to members for attending meetings shall not exceed a total of two hundred and fifty dollars ($250) for each member in each year, but the members shall be entitled to actual expenses to be paid by the respective municipal corporations the members represent.

(c)  The joint sanitary sewer board may adopt rules and regulations to govern its proceedings and prepare and suggest measures and plans under which the joint improvement may be completed and for the future development of the system. It may prepare a joint agreement or agreements for submission to and adoption by the municipal corporations defining the advisory and administrative powers of the joint sanitary sewer board and setting forth: the consents of the municipal corporations to the proposed improvement; the manner in which preliminary and final plans, specifications and estimates for the proposed improvement shall be prepared and adopted and in which proposals for bids shall be advertised and contracts let; the manner in which the costs of the improvement and other incidental and preliminary expenses in connection therewith, and the future cost of operation and maintenance, shall be equitably shared, apportioned and paid; and all other matters, including the preparation and submission of annual and other budgets, that are necessary or required by law to complete the proposed improvement and to assure future maintenance and operation thereof. The board may not make any improvement or spend any public moneys which have not first been authorized by all of the municipal corporations proceeding with the improvement.

(d)  When it is necessary to acquire, appropriate, damage or destroy private property to build any joint sanitary sewer system or improvement and the property cannot be acquired by purchase or gift, the right of eminent domain shall vest in the municipal corporation where the property is located. When it is necessary to acquire, damage or destroy property in any territory not within the limits of any of the municipal corporations joining in the improvement, the right of eminent domain shall be vested in the municipal corporation adjacent to the territory where the property is located. Damages for any property that is taken, damaged or destroyed shall be assessed under laws relating to the municipal corporations exercising the right of eminent domain and shall be paid by the municipal corporations joining in the same proportion as other costs of the improvements.

Section 2517.  State Permit.--No sanitary sewer or plant may be constructed until plans and specifications are submitted to the Department of Environmental Protection and approved.

 

ARTICLE XXVI



WATER SUPPLY

 

Section 2601.  Contracts With Water Companies and Municipal Corporations and Acquisition of Water Systems.--(a)  The board of supervisors may by contract with any private corporation or any adjacent municipal corporation owning a waterworks system provide water for public and private uses, to be delivered through lines owned by that company or municipal corporation within the township. The contract shall provide the manner by which the cost of the water service shall be paid by the consumers.



(b)  The board of supervisors may purchase or acquire a privately owned water system to provide water for public and private uses. If a privately owned water company fails to render service as required by the Pennsylvania Public Utility Commission, the board of supervisors may with the approval of the Pennsylvania Public Utility Commission exercise the right of eminent domain to acquire the water system of the water company to provide water for public and private uses.

(c)  Any township may by agreement connect with an existing water system owned by any adjacent municipal corporation. When any township desires to connect with the existing water system of any adjacent municipal corporation and no agreement has been reached between the township and the adjacent municipal corporation, a petition seeking approval of the connection shall be presented by the board of supervisors to the court of common pleas. The court shall set a day for hearing upon the petition and shall direct public notice be given to all interested parties. If the court is of the opinion that the connection can be made without impairing the usefulness of the existing water system, it shall appoint three viewers to view the premises, investigate the facts of the case, assess the necessary costs and expenses of making the connection and the proportionate part of the expense of building the original water system upon the township, determine the proportion of the expense for repairs which the municipal corporation and the township shall bear and determine all other questions likely to arise in connection therewith.

Section 2602.  Water Lines and Connections.--The board of supervisors may contract with any private corporation or any adjacent municipal corporation owning a water system to provide water for public and private uses to be delivered into the lines of the township at or near the boundary thereof. The board of supervisors may by contract lay water lines and extensions and regulate the making of connections therewith.

Section 2603.  Connection to Water System.--(a)  The board of supervisors may by ordinance require that a property owner connect with and use a water system of the township or municipality authority or a joint water board in either of the following cases:

(1)  If, except as provided in subsection (b), the property owner's principal building is located within one hundred fifty feet of a water system or any part or extension of the system.

(2)  If the property owner's principal building has no supply of water which is safe for human consumption.

(b)  A property owner who, after the effective date of this subsection, is subject to mandatory connection pursuant to subsection (a)(1), shall not be required to connect to the water system pursuant to that subsection if all of the following conditions exist:

(1)  The water system or part or extension of the system that is within one hundred fifty feet of the principal building was in existence on the effective date of this subsection.

(2)  The principal building has its own supply of water which is safe for human consumption.

(3)  Prior to the effective date of this subsection, the property owner was not required to connect to the existing system.

(c)  Those industries and farms which have their own supply of water for uses other than human consumption may continue to use their own water for that purpose but are required to use the township water system to provide water for human consumption.

(d)  In the case of a water system provided by the township or a municipality authority or a joint water board, the board of supervisors may impose and charge to property owners who desire to or are required to connect to the water system a connection fee, a customer facilities fee, a tapping fee and other similar fees as enumerated under 53 Pa.C.S. § 5607(d)(24) (relating to purposes and powers).

(e)  Whenever a water system or any part or extension thereof owned by a township has been constructed by the township at the expense of a private person or corporation or has been constructed by a private person or corporation under the supervision of the township at the expense of the private person or corporation, the board of supervisors shall have the right to charge a tapping fee, including a reimbursement component, and refund said reimbursement component to the person or corporation who has paid for the construction of said water system or any part or extension thereof.

(f)  (1)  If any property owner required under subsection (a) to connect with and use the system fails to do so within ninety days after notice to do so has been served by the board of supervisors, the board of supervisors or their agents may enter the property and construct the connection.

(2)  The board of supervisors shall send an itemized bill of the cost of construction of connection to the owner of the property to which connection has been made, which bill is payable immediately, or the board of supervisors may authorize the payment of the cost of construction of connections in equal installments under Article XXXIII.

(2603 amended July 4, 2008, P.L.284, No.34)

 

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