[HISTORY: Adopted by the Board of Commissioners
of the Township of Penn 5-20-2002 by Ord. No. 752. Amendments noted where applicable.]
A.
Any person or persons requesting the installation
of municipal water facilities to any property or properties within
the Township of Penn shall first submit a petition to the Penn Township
Board of Commissioners, 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 Commissioners
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 Commissioners shall obtain a written
cost estimate from the Municipal Authority of Westmoreland County
as to the estimated installation expenses [or 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 Commissioners of the Township of Penn determines that
a valid waterline petition remains, then the Township shall constitute
a water district in accordance with the provisions of Section 2707
of the First Class Township Code, 53 P.S. § 57707.
The Board of Commissioners of the Township of
Penn 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 Commissioners, 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
accommodated and/or benefited thereby. Said assessments shall be determined
by one of the following methods:
A.
By the benefits assessment method. NOTE: A benefit
assessment is the difference between the fair market value of the
property before the installation of the waterline; and, the value
of the property after the waterline is installed. This value is determined
by a qualified real estate appraiser; or
B.
By an equal assessment on all properties abutting
on the mains in proportion to the total cost of construction. The
amount of the charge on each property shall be determined by the Board
of Commissioners; or
C.
Pursuant to a specific assignment of the rights and
claims of Penn 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 § 188-3B of this chapter or if the taxpayers representing 50% of the parcels within the district who are assessed in accordance with § 188-3B present a petition within three months of the adoption of a resolution or ordinance levying an assessment pursuant to § 188-3B of this chapter 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 Commissioners 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 § 188-3B. 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 Commissioners 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 Commissioners 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. Penn 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 on 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
personally upon the owner in the manner provided under the rules of
civil procedure for service of process in equity of proceedings, mailed
as set forth above, or 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 chapter 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 collectible, or the Township and/or
said Authority may file an appropriate municipal claim or lien therefore
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 water line
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 2708 of the First Class Township
Code, 53 P.S. § 57702.
[Added 8-16-2010 by Ord. No. 865]
The Municipal Authority of Westmoreland County is designated
by the Penn Township Board of Commissioners as the sole agency for
the administration and enforcement of the provisions of this chapter.
All persons violating any of the provisions
of this chapter shall be subject to a fine or penalty of not less
than $100 nor more than $500 or such other amount as shall be stipulated
therein for each offense, to be collected as fines or penalties are
recoverable by law; and whenever such persons 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 chapter, each day that the violation shall
continue shall constitute a separate offense punishable by a like
fine or penalty.
