[Ord. 2004-2, 6/7/2005]
Whenever any person, firm or corporation desires the extension
of the facilities of the Township water system to service new areas
not heretofore connected to said water system, such person, firm or
corporation may at any regular meeting of the Township present a petition
to the Township requesting said extension, which petition must be
signed by the owners of not less than 51% in footage fronting on the
proposed extension, and said petition shall set forth the total number
of potential customers then located along the proposed extension,
setting forth whether said customers are residential, commercial or
industrial, and the increase of customers, if any, which may be immediately
anticipated. Upon receipt of such petition, the Township may undertake
the extension its facilities, if and only if, such extension is economically
feasible in the opinion of the consulting engineer for the Township.
Should the Township, upon receipt of such petition and consideration
thereof, and in the exercise of its discretion, determine that such
extension shall not be made, notice of such determination shall be
given to the person or persons submitting the petition.
[Ord. 2004-2, 6/7/2005]
Wherever extensions or additions to the water system are desired
and are not made under § 232 of this Part, the same may
be made as follows:
A. Extensions Made by the Township. Upon application of any person,
firm or corporation, and where possible, the Township will extend
its line to service whatever areas may be required for the accommodation
of such applicant, provided that the applicant shall pay the total
cost to the Township of such extension or extensions, including the
cost of design of the extension by the Township Engineer, if applicable;
the cost of all permits which may be required; and the cost of inspection
during construction itself. Upon application, the applicant shall
deposit an amount to be established from time to time by resolution
of the Board of Supervisors, into an escrow account with the Township
to cover the initial engineering cost. The total cost of the extensions
or additions as estimated by the consulting engineer for the Township
shall then be deposited with the Township in a special account and
held by the Township only for the purpose of paying the costs involved
in the contemplated extension. Upon completion of the extension or
addition under this subsection (A), the costs of said extension shall
be adjusted, and upon adjustment, any excess remaining in the special
fund shall be returned to the applicant, and to the extent, if any,
that the total cost shall have exceeded the estimate, the applicant
shall make up the deficiency. No water service will be rendered by
the Township through such an extension or addition until the total
cost thereof has been paid.
B. Extension Not Designed and Installed by the Township.
(1)
Plans and specifications for extensions and additions to the
water system may be prepared by qualified persons other than the consulting
engineer for the Township, provided that the plans and specifications
so prepared shall be submitted for approval of the consulting engineer
for the Township, and provided further that no construction shall
be undertaken until such plans and specifications are approved by
the Township and until a permit is issued by the Bureau of Water Quality
Management, if applicable, for the proposed extension. Upon application,
the applicant shall deposit an amount as shall be established from
time to time by resolution of the Board of Supervisors, into an escrow
account with the Township to cover the initial engineering cost. The
reasonable cost of reviewing and approving the plans and specifications
imposed upon the Township by its consulting engineer shall be paid
by the applicant in its entirety before final approval of plans and
specifications is given.
(2)
Extensions to the Township's water system may then be constructed
by any applicant or his contractor in accordance with plans and specifications
approved as hereinbefore required; provided, however, that such construction
shall be done under the supervision of the consulting engineer for
the Township or such other person as the Township may designate. Such
supervision shall consist of regular inspections during construction,
the cost of which shall be paid by the applicant. After approval of
plans and specifications and before construction has commenced, the
applicant shall post a bond, a letter of credit, or cash in escrow
with Township to insure the payment to the Township of all obligations
due it under this resolution, including the cost of reviewing and
approving plans (if that cost has not already been paid), the cost
of inspection and the cost of replacing or repairing any part of the
system which has not been constructed in a manner satisfactory to
the Township. Upon completion of construction any excess money remaining
from the deposit shall be returned to the applicant and to the extent,
if any, that the costs involved shall have exceeded the amount deposited,
the applicant shall immediately pay to the Township the amount of
the deficiency. Whenever water lines are installed by persons, firms
or corporations other than the Township, the installation and materials
shall be made and furnished to the satisfaction of the Township and
in accordance with the rules and regulations of the Township.
(3)
Upon completion of the construction and prior to the connection
of the extension to the distribution system of the Township, the Township
shall certify the satisfactory completion thereof. In the event that
the person, firm or corporation installing a water line extension
fails to comply with the requirements of the Township, the Township
shall give notice, in writing, of such noncompliance and in the event
that the person, firm or corporation so installing the extension shall
fail to replace or repair the installation with respect to which notice
of noncompliance has been received, the Township may take whatever
measures are necessary to conform the installation to the requirements
of the Township and charge the costs thereof against the bond or cash
deposit made by the applicant.
C. As a condition to the approval of plans and specifications for extensions
to the Township water system, to be built by builders, developers
or their agencies, and prior to the commencement of construction of
said extensions, the owner of the property through which the extension
is to be made shall execute an agreement with the Township under which
the owner agrees upon the completion of the extension to offer to
the Township a deed of dedication to the installed water system, which
deed shall convey all right, title and interest in the water lines
to the Township free and clear of all encumbrances and charges. The
agreement to be signed in this connection shall specifically provide
that in the event a deed of dedication is not offered to the Township,
the Township shall be entitled to specific performance of the agreement
and the cost of enforcing the agreement, including reasonable attorney's
fees, shall be paid by the defaulting party and shall be made a part
of the Order of Court granting specific performance.
D. Applicants under both subsections (A) and (B) of this Section shall
in all cases pay the cost of securing a permit, if required, from
the Bureau of Water Quality Management of the Department of Environmental
Resources of Pennsylvania, including the cost of preparing the necessary
reports rendered on any additions or extensions.