[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Burrell as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-3-2000 by Ord. No. 1-2000]
This article shall be known as the "Mandatory Tapping Ordinance, Water Expansion I."
The purpose of this article is to:
Establish a portion of the Water Expansion I Project Area within the Township of Upper Burrell.
Establish subareas within those parts of the Water Expansion I Project Area in the Township of Upper Burrell in which each property to be benefited by said project is located.
Specify the activities to be undertaken in the subareas by the Municipal Authority of the City of New Kensington.
Provide a mandatory requirement for the making of an Authority connection from an available water main to the curb stop at the property line of each property within a subarea.
Impose a mandatory tapping fee on each property within a subarea for the making of the Authority connection to the curb stop at the property.
Establish administrative procedures as to the making of an Authority connection and for payment of the mandatory tapping fee therefor.
Confirm the creation, by the Municipal Authority of the City of New Kensington, of a separate rate district, to be known as "Rate District (2)," which shall include all subareas within the Township of Upper Burrell.
Establish the general rules and penalties for violation of the provisions of this article, and confirm the rules and regulations and Schedule of Rates and Charges of the Municipal Authority of the City of New Kensington as being applicable to all subareas and to provide for any violation thereof.
Unless otherwise expressly stated, the words set forth below shall have the following meanings for the purposes of this article; the present tense to include the future tense; the word "shall" to always be "mandatory" and the word "may" to always be permissive.
As used in this article, the following terms shall have the meanings indicated:
- Municipal Authority of the City of New Kensington.
- AUTHORITY CONNECTION
- A water line installed from a main which abuts a property to a curb stop at the property line.
- BOARD OF SUPERVISORS
- Board of Supervisors of the Township of Upper Burrell.
- CUSTOMER FACILITY
- A water line installed from a curb stop on a property line to the meter in a structure erected on the property.
- EXCLUDED AREAS
- All areas of the municipality which are not included in a subarea.
- MAIN or MAINS
- All water mains of the Authority which are installed in a subarea and which are contiguous to a property.
- The Township of Upper Burrell, Westmoreland County, Pennsylvania.
- An individual, partnership, corporation or any other legally recognized entity having a fee simple interest in a property within a subarea.
- PROJECT AREA
- The subareas of the municipality which are collectively designated the project area, as part of the Water Expansion I project and which are described in Exhibit I attached to and which forms part of this article.
- PROPERTY or PROPERTIES
- All tracts or parcels of land within a subarea which have public water service made available to them as a part of Water Expansion I.
- A building erected on a property which is reasonably suited for human occupancy, commercial or industrial use or is actually so occupied and/or used.
- All areas included in the project area of the municipality and which have water service made available within them as part of Water Expansion I and which are further delineated and established within the municipality by Exhibit I attached to this article.
- WATER EXPANSION I
- A water expansion project of the Authority whereby Authority water mains will be extended within the subareas of the municipality.
The Authority, with the full consent, approval and pledged cooperation of the municipality, has undertaken a project known as "Water Expansion I," within all those subareas of the municipality which are set forth and defined in Exhibit I which is attached to and made a part of this article. The Project provides for installation of mains by the Authority within certain parts of those streets and roads, both public and private and within rights-of-way and easements, all of which are within the subareas.
All the subareas which are hereby established within the municipality include those streets and roads, both public and private, and all rights-of-way or easements which are set forth and described in Exhibit I, as well as all those parts of any street, road, right-of-way or easement which may, by future agreement between the Authority and the municipality, be designated as being within a subarea.
A main shall be deemed available to serve a structure erected on a property within a subarea if the structure is reasonably suitable for human occupancy, a commercial or industrial use or it is actually so occupied and/or used. The structure must be erected on a property which abuts a street, road, right-of-way or easement in which a main is installed and the structure is, by the closest lineal measurement, situate within 250 feet of the curb stop which is installed at the property line as part of an Authority connection.
At any time a main has been installed at a location contiguous to or abutting a property within a present or later established subarea on which a structure is presently, or in the future constructed, the owner of the property shall, upon notice from the Authority, be required to pay a tapping fee to the Authority, as established by the Authority in its Schedule of Rates and Charges ("Rate Schedule"); such tapping fee is subject to revision by the Authority, from time to time, in its sole discretion, by a rate revision uniformly applicable to all subareas within the municipality. This tapping fee shall be imposed by the Authority and paid to it, notwithstanding the fact that no part of a customer facility is installed by the owner from the curb stop to the structure.
The Authority may, in its sole discretion, establish a separate rate district, to be known as "Rate District (2)," as part of its Schedule of Rates and Charges. All rates and charges which are established for Rate District (2) shall:
Be applicable to and enforced by the Authority as to all properties in present and future subareas;
Continue in full force and effect until final repayment has been made of all debt incurred by the Authority for construction of the Water Expansion I project; and
Provide for payment to the Authority of its cost of repayment of all debt incurred by the Authority as a result of the project, the rates and charges to be applicable to and assessed against each owner on a pro rata basis.
The municipality hereby approves and confirms all rules and regulations and the Schedule of Rates and Charges of the Authority which are now in effect and as each may be later amended, revised and/or rescinded by the Authority in the exercise of its exclusive power so to do, the municipality confirming that said rules and regulations and Schedule of Rates and Charges shall be applicable to and controlling as to each property which is now or, in the future, included in any subarea within the municipality.
If any owner of a property within Rate District (2), as established by the Authority, shall fail or refuse to timely pay any tapping fee assessed him by the Authority or fail to timely pay any rate or charge applicable to him and as established by the Authority, the Authority shall have the absolute right, acting either for itself or as an agent for the municipality and without any further grant of authority by the municipality, to file a claim or lien against the property in order to secure payment by the owner of any such claim. This claim shall be entered in the Office of the Prothonotary of Westmoreland County at the same time and in the same form and be collected in the same manner as municipal claims are filed and collected. The municipality hereby confirms that the Authority also has and shall retain the exclusive right to proceed in any other way that it shall see fit to compel and secure payment of all tapping fees and rates and charges which are established by the Authority as applicable to owners in Rate District (2), provided only that the Authority shall give 20 days' written notice to the municipality advising it of its intent to proceed under the provisions of the ordinance against any party to whom it is applicable.
The municipality hereby irrevocably designates and appoints the Authority, on behalf of the municipality, and to the fullest extent necessary and possible, to carry out all the intents, purposes and requirements of both this article and the Water Expansion I project of the Authority, all as same are applicable to the municipality, and to act in all ways and in all manner, either in its own name as the Authority or on behalf of and in the name of the municipality, in the administration and enforcement of all terms and conditions of this article, the rules and regulations of the Authority and its Schedule of Rates and Charges, all such rules and regulations and Schedule of Rates and Charges being capable, in the sole discretion of the Authority, of amendment by it from time to time.
Notwithstanding any other provisions of this article, the municipality reserves to itself and the Authority concedes to the municipality the absolute right of the municipality to enact a mandatory tapping ordinance, which may apply to all areas of the municipality which are not now, nor which in the future, form part of any subarea of the municipality as same are herein defined.
Any owner who fails to timely pay a tapping fee established by the Authority for Rate District (2), within 60 days following his receipt, by personal service or by certified mail of a notice to make such payment or who fails to pay any rate or charge, as defined, established and made part of a Schedule of Rates and Charges of the Authority for Rate District (2), shall, upon being found to be legally responsible for any such failure by a Magisterial District Judge shall, in addition to being required to pay such tapping fee, rate or charge, shall be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs, all for the use of the Authority, it being further provided that each day's failure to so pay any tapping fee, commencing with the first day following the initial sixty-day period or pay any rate or charge, commencing with the 31st day following its billing date, shall constitute a separate offense and impose liability therefor as such. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days.
[Adopted 8-7-2000 by Ord. No. 2-2000]
Editor's Note: The preamble to this article stated, in part, that it was the intent of this article to provide for the mandatory tapping into public water mains of certain properties to which public water service becomes available, other than into such water mains as are installed as part of the Water Expansion Project Phase I of the Municipal Authority of the City of New Kensington; refer to Article I, Mandatory Tapping in Water Expansion I Area, Ord. No. 1-2000.
Every owner of a property in the Township of Upper Burrell which abuts a public water main and upon which is erected a structure suitable for human occupancy or commercial or industrial use shall, at the cost of such owner, connect the structure to the water main in order that the structure be served with a public water supply subject only to such exceptions as are set forth elsewhere herein.
If a structure erected on a property which is subject to the operation of this article is located more than 250 lineal feet from the closet possible point at which it could be connected to a public water main, the owner and the structure shall be exempt from the operation of this article and the structure need not be connected to the water main.
At any time a water main of an entity which operates the public water distribution system has been installed at a location abutting or contiguous to property on which a structure is presently, or in the future constructed, the owner of the property shall, upon notice from the entity which operates the public water distribution system, be required to pay a tapping fee to the entity. This tapping fee is established by the entity which operates the public water distribution system. The tapping fee shall be paid to the entity which operates the public water distribution system, notwithstanding the fact that no water line lateral from the main water line to the structure is installed by the owner from the curb stop.
No person or other entity shall make or cause to be made any connection to a public water main until such party has complied with all rules and regulations established by the entity which operates the public water distribution system to which the connection is to be made.
If the owner of a property on which a structure is erected which is subject to this article, neglects or refuses to comply with the provisions of this article for at least 90 days after receiving notice so to do from the entity which operates the public water distribution system, this either by personal service or by registered or certified mail, return receipt requested, then an agent or employee of the entity which operates the public water distribution system may enter the property and the structure and supply all the material and labor necessary to accomplish the tapping of said structure into the public water main in order that the property and the structure be brought into compliance with the provisions of this article. All cost and expense of any such action shall be that of the owner and it shall be due and payable to the entity which operates the public water distribution system within 30 days of the date of the invoice to the owner for same. If not paid within said period of time, the payment may be enforced in the same manner as debts may be collected by law or a municipal claim or lien may be filed by the entity which operates the public water distribution system against the property and/or the owner as provided by law.
In addition to the penalties provided for herein, any person, firm, or other entity which fails to make the required connection within the ninety-day period after notice shall, upon conviction thereof before a Magisterial District Judge, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs, and in default of payment, be sentenced to undergo imprisonment of not more than 90 days in the Westmoreland County Detention Center. It is further provided that each day's violation following the initial ninety-day period shall be a separate offense and each such offense may be prosecuted as such.
This article, its effect and its enforcement, shall not, in any way, be applicable to or affect any area, subarea or any other part of the Township which is now, or in the future, included as part of the Water Expansion I project of the said Municipal Authority of the City of New Kensington. The Municipal Authority of the City of New Kensington having been granted, by Ordinance No. 1-2000 (Article I of this chapter) of the Township, exclusive jurisdiction of all matters involving the water distribution system and all properties served therefrom and subject thereto within all areas or subareas of the said project within the Township.