[HISTORY: Adopted by the Board of Supervisors of the Township
of Mount Pleasant as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-19-2004 by Ord. No. 131]
A.
Any person or persons requesting the installation of municipal water
facilities to any property or properties within the Township of Mount
Pleasant shall first submit a petition to the Mount Pleasant Township
Board of Supervisors, on a form as may be prescribed by said Board,
setting forth the following information as to all properties abutting
along all roadways in the area proposed for waterline installation:
B.
Upon receipt of such petition, the Board of Supervisors shall have
the same reviewed and certified by the Township to determine whether
the persons signing said petition constitute 51% of the total assessed
value of all properties in the area to be serviced by the new municipal
waterline.
C.
Once any petition for waterline installation has been reviewed and
certified as constituting the required signatures as set forth above,
the Board of Supervisors shall obtain a written cost estimate from
the Municipal Authority of Westmoreland County as to the estimated
installation expenses for said waterline. All potentially affected
property owners shall then be given notice of the estimated cost and
afforded a final opportunity to add their names to or remove their
names from the waterline petition.
D.
Upon the completion of the foregoing review process, if the Board
of Supervisors of the Township of Mount Pleasant determines that a
valid waterline petition remains, then the Township shall constitute
a water district in accordance with the provisions of Section 2611
of the Second Class Township Code, 53 P.S. § 67611.
The Board of Supervisors of the Township of Mount Pleasant is
hereby authorized to contract with the Municipal Authority of Westmoreland
County for services relating to the design, construction, installation,
operation and maintenance of all new municipal water facilities within
the Township, except waterlines installed by developers in new subdivisions.
The Board of Supervisors, at its sole discretion, shall determine
by resolution the manner by which the costs of construction and installation
of said waterline shall be collected from those properties benefiting
thereby. Said assessments shall be determined:
A.
Pursuant to the provisions of Section 2612 of the Second Class Township
Code, 53 P.S. § 67612, as the same may be amended from time
to time; or
B.
Pursuant to a specific assignment of the rights and claims of Mount
Pleasant Township to the Municipal Authority of Westmoreland County
for the purpose of allocating and collecting costs through a surcharge
program in the event that the Municipal Authority of Westmoreland
County serves as the source of financing for the costs of said installation.
If the taxpayers of the district whose property valuation as assessed for taxable purposes within the district amounts to 50% of the total property valuation so assessed pursuant to of § 357-3 of this article or if the taxpayers representing 50% of the parcels within the district who are assessed in accordance with § 357-3 present a petition within three months of the adoption of a resolution or ordinance levying an assessment pursuant to § 357-3 of this article 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 water system in question, and the viewers shall proceed under this act for the assessment of damages and benefits of viewers. Upon the filing of the 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.
After the amount of the assessment charged upon the several properties has been established by resolution or ordinance in accordance with § 357-3, or by confirmation of any report of viewers, in whole or in part, the amounts of all assessments are payable to the Township Treasurer. 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 water system. If the assessment is not paid within 60 days after the mailing of a bill therefor, the Board of Supervisors shall collect it by action of assumpsit or under the law for the filing and recovery of municipal claims.
A.
All buildings requiring a potable water supply or dwelling units
situate within 150 feet of a newly installed municipal waterline are
required to provide for a connection to said waterline. Any vacant
or undeveloped parcel of record abutting upon a newly installed waterline
shall provide for a minimum of one connection to said waterline for
the benefit of such parcel. Mount Pleasant Township or the Municipal
Authority of Westmoreland County shall issue a tap-in notice to the
owners of properties abutting such newly constructed waterlines. Said
tap-in notice shall provide a date, which shall not be less than 90
days from the date of said notice, by which time payment for the connection
shall be made. The owners of each premises shall connect to the waterline
at their own cost. The owners of each premises shall also be required
to pay the then-existing tap-in fee established by the Municipal Authority
of Westmoreland County.
B.
Water rental charges shall commence on the date a connection is made
to the municipal water system and utilization of that system commences
by the property owner.
C.
The tap-in notice shall be presumed to have reached the owner of
the property if the same is mailed by the United States Mail, postage
prepaid, to the owner's last address or to the address shown
on the tax records of the Westmoreland County Tax Assessment Office
and is not returned. In the event that said notice is returned because
of insufficient address, the tap-in notice shall be posted on the
property in a conspicuous place by a competent adult. The affidavit
of posting shall be sufficient proof of actual posting of the tap-in
notice. At least 90 days before the date provided in the notice by
which connection shall be made, the tap-in notice shall be served:
a) personally upon the owner in the manner provided under the Rules
of Civil Procedure for service of process in equity of proceedings;
b) mailed as set forth above; or c) posted as set forth herein. The
tap-in notice may be issued and reissued as necessary to accomplish
the notice as required herein.
D.
No person shall connect to the municipal water system without first
having obtained a written permit from the Municipal Authority of Westmoreland
County setting forth conditions under which such connection shall
be made and authorizing the construction of the connection. Application
to the Municipal Authority of Westmoreland County shall be made upon
a permit form to be prepared and supplied by said Authority.
E.
A separate permit shall be required for each physical connection
to the municipal water system.
F.
Any person commencing work on the construction of a connection to
the municipal water system without first having obtained a permit
from the Municipal Authority of Westmoreland County authorizing said
connection shall be in violation of the terms hereof.
G.
As and to the extent determined by the Municipal Authority of Westmoreland
County from time to time, said Authority shall inspect the waterline
connection from the building or structure being served to the waterline
where connection is made. The Municipal Authority of Westmoreland
County shall establish standards, practices and procedures relating
to any such inspections.
H.
If any owner shall neglect or refuse to comply with the provisions
of this article or the written notice set forth herein, the Township
and/or the Municipal Authority of Westmoreland County, if legally
authorized to do so, may perform or cause to be performed such work
and labor and furnish or cause to be furnished such material as may
be necessary to comply with the provisions hereof at the cost and
expense of such owner or owners, together with 7% additional thereof
and all charges and expenses incidental thereto, which sum shall be
collected from said owner or owners for the use of the Township and/or
said Authority, as debts are by law collectable, or the Township and/or
said Authority may file an appropriate municipal claim or lien therefor
against said premises as provided by law. Interest on the total of
any unpaid charges assessed hereunder shall be charged at the rate
of 7% per annum. The Township may institute an action in equity in
the Court of Common Pleas of Westmoreland County to enforce the mandatory
connection required herein.
I.
The maintenance of the connecting lateral waterline shall be the
sole responsibility of the property owner.
J.
The mandatory connection provisions of this section are subject to
those exemptions or exceptions for industries and farms utilizing
their own supply of water for uses other than human consumption as
the same are set forth in Section 2603 of the Second Class Township
Code, 53 P.S. § 67603.
K.
The Municipal Authority of Westmoreland County is designated by the
Mount Pleasant Township Board of Supervisors as its exclusive agency
for the administration and enforcement of the provisions of this article.
[Added 7-28-2010 by Ord. No. 154]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000 plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Whenever such person shall have been notified
by the Township and/or the Municipal Authority of Westmoreland County
or by service of a summons in prosecution, or in any other way, that
a violation exists of this article, each day that the violation shall
continue shall constitute a separate offense punishable by a like
fine or penalty, and each section of this article that is violated
shall also constitute a separate offense.
