SENATE AMENDED
PRIOR PRINTER'S NOS. 1321, 2833, 2867 PRINTER'S NO. 3345
No. 1177 Session of 1979
INTRODUCED BY MESSRS. DeVERTER, WEIDNER, LETTERMAN, LIVENGOOD,
J. L. WRIGHT, JR., NOYE, SIEMINSKI, MRS. TAYLOR, MESSRS.
PRATT, D. R. WRIGHT AND THOMAS, MAY 2, 1979
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MAY 13, 1980
AN ACT
1 Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
2 act concerning townships of the second class; and amending,
3 revising, consolidating, and changing the law relating
4 thereto," AUTHORIZING TOWNSHIPS OF THE SECOND CLASS TO GRANT <--
5 CABLE TELEVISION FRANCHISES AND PROVIDING FOR PERMITS FOR
6 CABLE TELEVISION LINES, IMPOSING CERTAIN RESTRICTIONS ON THE
7 POWERS OF TOWNSHIPS AND authorizing townships to use the
8 provisions of the Local Government Unit Debt Act for
9 financing construction of sewers and drains.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 SECTION 1. SECTION 702, ACT OF MAY 1, 1933 (P.L.103, NO.69), <--
13 KNOWN AS "THE SECOND CLASS TOWNSHIP CODE," REENACTED AND AMENDED
14 JULY 10, 1947 (P.L.1481, NO.567), IS AMENDED BY ADDING A CLAUSE
15 TO READ:
16 SECTION 702. SUPERVISORS TO EXERCISE POWERS.--THE CORPORATE
17 POWERS OF TOWNSHIPS OF THE SECOND CLASS SHALL BE EXERCISED BY
18 THE TOWNSHIP SUPERVISORS. WHERE NO SPECIFIC AUTHORITY IS GIVEN
19 FOR THE EXPENDITURES INCIDENT TO THE EXERCISE OF ANY POWER
20 HEREINAFTER CONFERRED, OR WHERE NO SPECIFIC FUND IS DESIGNATED
1 FROM WHICH SUCH EXPENDITURES SHALL BE MADE, APPROPRIATIONS FOR
2 SUCH EXPENDITURES SHALL BE MADE ONLY FROM THE GENERAL TOWNSHIP
3 FUND. IN ADDITION TO THE DUTIES IMPOSED UPON THEM BY SECTION 516
4 HEREOF, THEY SHALL HAVE POWER--
5 * * *
6 LXXIII. REGULATION OF CABLE TELEVISION SYSTEMS.--TO REGULATE
7 BY RESOLUTION OR ORDINANCE CABLE TELEVISION SYSTEMS; AND TO
8 GRANT AND REVOKE A FRANCHISE FOR A CABLE TELEVISION SYSTEM; AND
9 TO PROHIBIT THE OPERATION OF A CABLE TELEVISION SYSTEM EXCEPT IN
10 ACCORDANCE WITH THE CONDITIONS OF SUCH FRANCHISE.
11 SECTION 2. SECTION 1156 OF THE ACT, AMENDED MARCH 1, 1974
12 (P.L.88, NO.23), IS AMENDED TO READ:
13 SECTION 1156. PERMITS.--NO RAILROAD OR STREET RAILWAY SHALL
14 HEREAFTER BE CONSTRUCTED UPON ANY TOWNSHIP ROAD, NOR SHALL ANY
15 RAILROAD OR STREET RAILWAY CROSSINGS, NOR ANY GAS PIPE, WATER
16 PIPE, ELECTRIC CONDUITS, OR OTHER PIPING, BE LAID UPON OR IN,
17 NOR SHALL ANY TELEPHONE, TELEGRAPH, OR ELECTRIC LIGHT OR POWER
18 POLES, CABLE TELEVISION LINES, POLES AND APPURTENANT STRUCTURES
19 OR ANY COAL TIPPLES OR ANY OTHER OBSTRUCTIONS BE ERECTED UPON OR
20 IN, ANY PORTION OF A TOWNSHIP ROAD EXCEPT UNDER SUCH CONDITIONS,
21 RESTRICTIONS AND REGULATIONS RELATING TO THE INSTALLATION AND
22 MAINTENANCE THEREOF, AS MAY BE PRESCRIBED IN PERMITS GRANTED BY
23 THE TOWNSHIP FOR SUCH PURPOSE. EACH APPLICATION SHALL BE
24 SUBMITTED TO THE TOWNSHIP, IN DUPLICATE, OR SUCH LARGER NUMBER
25 AS THE TOWNSHIP MAY REQUIRE. THE TOWNSHIP SHALL PRESCRIBE A FEE
26 AS DETERMINED BY THE DEPARTMENT OF TRANSPORTATION PAYABLE TO THE
27 TOWNSHIP NOT EXCEEDING THE APPROXIMATE REASONABLE COST OF
28 PROCESSING THE APPLICATION, AND ANOTHER FEE PAYABLE TO THE
29 TOWNSHIP NOT EXCEEDING THE APPROXIMATE REASONABLE COST OF MAKING
30 THE FIRST INSPECTION HEREAFTER DESCRIBED. EACH APPLICATION SHALL
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1 BE ACCOMPANIED BY BOTH FEES. WHEN THE TOWNSHIP SHALL GRANT THE
2 PERMIT APPLIED FOR, THE TOWNSHIP SUPERVISORS SHALL INSPECT THE
3 WORK AUTHORIZED BY THE PERMIT UPON THE COMPLETION THEREOF, AND
4 WHEN NECESSARY, ENFORCE COMPLIANCE WITH THE CONDITIONS,
5 RESTRICTIONS AND REGULATIONS PRESCRIBED BY THE TOWNSHIP. IN
6 ADDITION TO SUCH INSPECTION, THE TOWNSHIP SUPERVISORS MAY
7 REINSPECT THE WORK NOT MORE THAN TWO YEARS AFTER ITS COMPLETION,
8 AND IF ANY SETTLEMENT OF THE ROAD SURFACE OR OTHER DEFECT SHALL
9 APPEAR IN THE WORK CONTRARY TO THE CONDITIONS, RESTRICTIONS AND
10 REGULATIONS OF THE TOWNSHIP, IT MAY ENFORCE COMPLIANCE
11 THEREWITH. IF THE APPLICANT SHALL FAIL TO RECTIFY ANY SUCH
12 SETTLEMENT OR OTHER DEFECT, WITHIN SIXTY DAYS AFTER WRITTEN
13 NOTICE FROM THE TOWNSHIP SUPERVISORS TO DO SO, THE TOWNSHIP
14 SUPERVISORS MAY DO THE WORK AND IMPOSE UPON THE APPLICANT THE
15 COST THEREOF, TOGETHER WITH AN ADDITIONAL TWENTY PERCENTUM (20%)
16 OF SUCH COST, WHICH MAY BE RECOVERED BY AN ACTION IN ASSUMPSIT
17 IN THE COURT OF COMMON PLEAS OF THE COUNTY. ALL FEES RECEIVED BY
18 THE TOWNSHIP SHALL BE PAID INTO THE TOWNSHIP TREASURY. NOTHING
19 IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A PERMIT IN
20 ADVANCE FOR EMERGENCY REPAIRS NECESSARY FOR THE SAFETY OF THE
21 PUBLIC OR THE RESTORATION OR CONTINUANCE OF PUBLIC UTILITY OR
22 OTHER PUBLIC SERVICE, BUT APPLICATION FOR SUCH PERMIT AND THE
23 FEES SHALL BE SUBMITTED AS HEREIN PRESCRIBED WITHIN FIVE DAYS
24 AFTER COMPLETION OF THE WORK, AND THEREAFTER THE REMAINING
25 PROVISIONS OF THIS SECTION SHALL APPLY. FURTHER, NOTHING IN THIS
26 SECTION SHALL BE CONSTRUED TO AUTHORIZE OR EMPOWER A TOWNSHIP TO
27 REGULATE OR CONTROL THE OPERATIONS OF ANY PERMITTEE, EXCEPT AS
28 PROVIDED FOR IN THIS SECTION.
29 SECTION 3. 1. SECTION 1501 OF THE ACT, , ACT OF MAY 1, 1933 <--
30 (P.L.103, NO.69), KNOWN AS "THE SECOND CLASS TOWNSHIP CODE,"
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1 REENACTED AND AMENDED JULY 10, 1947 (P.L.1481, NO.567) AND
2 AMENDED OCTOBER 4, 1978 (P.L.993, NO.205), IS AMENDED TO READ:
3 SECTION 1501. POWER TO ESTABLISH AND CONSTRUCT SEWERS AND
4 DRAINS.--(A) TOWNSHIPS MAY ESTABLISH AND CONSTRUCT A SYSTEM OF
5 SEWERS AND DRAINAGE, LOCATING THE SAME AS FAR AS PRACTICABLE
6 ALONG AND WITHIN THE LINES OF THE PUBLIC ROADS OF THE TOWNSHIPS
7 AS SEEMS ADVISABLE TO THE BOARD OF SUPERVISORS. THE SUPERVISORS
8 MAY PERMIT AND, WHERE NECESSARY FOR THE PUBLIC HEALTH, REQUIRE
9 ADJOINING AND ADJACENT PROPERTY OWNERS TO CONNECT WITH AND USE
10 THE SAME. IN CASE ANY OWNER OF PROPERTY ADJOINING OR ADJACENT TO
11 SUCH SEWER SHALL NEGLECT OR REFUSE TO CONNECT WITH AND USE SAID
12 SEWER FOR A PERIOD OF SIXTY DAYS AFTER NOTICE TO DO SO HAS BEEN
13 SERVED UPON HIM BY THE SUPERVISORS, EITHER BY PERSONAL SERVICE
14 OR BY REGISTERED MAIL, SAID SUPERVISORS OR THEIR AGENTS, MAY
15 ENTER UPON SUCH PROPERTY AND CONSTRUCT SUCH CONNECTION. IN SUCH
16 CASE THE SUPERVISORS SHALL FORTHWITH, UPON COMPLETION OF THE
17 WORK, SEND AN ITEMIZED BILL OF THE COST OF CONSTRUCTION OF SUCH
18 CONNECTION TO THE OWNER OF THE PROPERTY TO WHICH CONNECTION HAS
19 BEEN SO MADE, WHICH BILL SHALL BE PAYABLE FORTHWITH. IN CASE OF
20 NEGLECT OR REFUSAL BY THE OWNER OF SUCH PROPERTY TO PAY SAID
21 BILL, IT SHALL BE THE DUTY OF THE TOWNSHIP SUPERVISORS TO FILE
22 MUNICIPAL LIENS FOR SAID CONSTRUCTION WITHIN SIX MONTHS OF THE
23 DATE OF COMPLETION OF THE CONSTRUCTION OF SAID CONNECTION, THE
24 SAME TO BE SUBJECT IN ALL RESPECTS TO THE GENERAL LAW PROVIDING
25 FOR THE FILING AND RECOVERY OF MUNICIPAL LIENS.
26 (B) WHENEVER AN EXISTING SEWER SYSTEM OWNED BY OR LEASED TO
27 A TOWNSHIP OF THE SECOND CLASS IS EXTENDED OR ALTERED AT THE
28 EXPENSE OF A DEVELOPER OR OTHER PRIVATE PERSON OR CORPORATION
29 UNDER THE SUPERVISION OF SUCH TOWNSHIP OR A MUNICIPAL AUTHORITY
30 OF SUCH TOWNSHIP, THE TOWNSHIP SUPERVISORS MAY, BY ORDINANCE OR
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1 RESOLUTION, TAKE OVER SAID EXTENSION OR ALTERATION AND COMPEL
2 ALL OWNERS OF PROPERTY WHICH IS NOT ALREADY CONNECTED TO AN
3 EXISTING PUBLIC SEWER SYSTEM AND WHICH IS ACCESSIBLE TO AND
4 WHOSE PRINCIPAL BUILDING IS WITHIN ONE HUNDRED FIFTY FEET FROM
5 SUCH SEWER EXTENSION TO PAY A TAPPING FEE AND MAKE CONNECTION
6 THEREWITH AND USE SUCH SEWER SYSTEM IN SUCH MANNER AS THEY MAY
7 ORDER.
8 (C) THE SUPERVISORS MAY REFUND ALL OR PART OF SAID TAPPING
9 FEE OR FEES TO THE DEVELOPER OR OTHER PRIVATE PERSON OR
10 CORPORATION WHO OR WHICH PAID FOR SAID CONSTRUCTION. SAID
11 TAPPING FEES MAY BE BASED UPON FRONT FOOT CONSTRUCTION COSTS,
12 HOWEVER, THE TOTAL OF SAID REFUNDS SHALL NEVER EXCEED THE COST
13 OF SAID EXTENSION OR ALTERATIONS. ONCE SAID EXTENSION OR
14 ALTERATION IS TAKEN OVER IT SHALL BECOME PART OF THE EXISTING
15 SEWER SYSTEM.
16 (D) NOTWITHSTANDING THE POWERS GRANTED PURSUANT TO
17 SUBSECTION (A), (B) OR (C), NO TOWNSHIP SHALL HAVE THE POWER TO
18 REQUIRE ANY COMMERCIAL OR INDUSTRIAL BUSINESS TO CONNECT TO THE
19 TOWNSHIP SEWER SYSTEM WHEN SUCH COMMERCIAL OR INDUSTRIAL
20 BUSINESS IS OPERATING A SEWER TREATMENT PLANT UNDER MANDATE OF
21 ANY AGENCY OF THE FEDERAL OR STATE GOVERNMENT AND SUCH SEWER
22 TREATMENT PLANT MEETS THE SPECIFICATIONS AND STANDARDS MANDATED
23 BY SUCH FEDERAL OR STATE AGENCY.
24 Section 1. 3. 4. 2. Section 1507, act of May 1, 1933 <--
25 (P.L.103, No.69), known as "The Second Class Township Code,"
26 reenacted and amended July 10, 1947 (P.L.1481, No.567) and OF <--
27 THE ACT, amended June 10, 1955 (P.L.154, No.48), is amended to
28 read:
29 Section 1507. Cost of Construction; How Paid.--[The] All or
30 any portion of the cost of construction of any such system of
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1 sewers or drains, constructed by the authority of this
2 subdivision, [in so far as it relates to sanitary sewers or
3 drains, shall and, in so far as it relates to storm sewers or
4 drains,] may be charged upon the properties accommodated or
5 benefited thereby [to the extent of such benefits] in the manner
6 hereinafter provided.
7 The township supervisors may finance the cost of construction
8 of any such system of sewers or drains, by the [issuance of
9 general obligation bonds of] incurring of debt by the township,
10 within the [constitutional and statutory limitations for the
11 incurring or increasing of indebtedness, and pursuant to the
12 provisions of law relating to the borrowing of money by
13 political subdivisions] limitations and pursuant to the
14 provisions of the act of July 12, 1972 (P.L.781, No.185), known
15 as the "Local Government Unit Debt Act." Where [general
16 obligation bonds are so issued] debt is so incurred, the
17 supervisors [in the case of construction of sanitary sewers or
18 drains shall and in the case of construction of storm sewers or
19 drains may nevertheless be required to] at their sole discretion
20 may assess all or any portion of the cost of the construction of
21 such sewers or drains, [to the extent] as permitted by law,
22 against the properties accommodated or benefited by such
23 improvements as hereinafter provided, and to deposit the net
24 proceeds of such assessments in [the sinking fund] a sinking or
25 analogous fund established [for the purpose of retiring such
26 general obligation bonds] in connection with the incurring of
27 such debt.
28 Nothing in this section shall be construed to prevent the
29 financing of the cost of such construction under the provisions
30 of the "Municipality Authorities Act of 1945," and any
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1 amendments thereto.
2 Section 2. 4. 5. 3. Section 1508 of the act is amended to <--
3 read:
4 Section 1508. Sewer Districts; [Township to Pay Non-
5 Assessable Portion of Cost].--Whenever a sewer or drainage
6 system is constructed by a township for the accommodation of a
7 certain portion of the township, the supervisors of such
8 township may, at any time before or after said construction,
9 constitute the territory accommodated into a sewer district or
10 divide it into several sewer districts. In every such case of
11 division into several districts, the supervisors shall make an
12 estimate of the proportion of the cost of the sewer system which
13 should equitably be charged on each of said districts, and
14 declare and establish such apportionment by resolution.
15 In all cases where a sewer or drainage system is constructed
16 by a township for the benefit of a certain portion only of the
17 township, and the cost of main sewers, pumping stations,
18 pressure lines, et cetera, is charged against the sewer district
19 or sewer districts, as herein provided, [the total] all or any
20 portion of the amount charged to each district may be assessed
21 to the district by an assessment upon each lot or piece of land
22 in said district, in proportion to its frontage abutting on the
23 sewer, or by an assessment upon the several properties abutting
24 on the sewer, in proportion to benefits, or upon the properties
25 connected with and using said sewers, as sewer rentals, in the
26 manner provided by law for the assessment of sewer rentals, or
27 each lot or piece of ground abutting upon said sewer may be
28 assessed, in proportion to its frontage or according to
29 benefits, the cost of a local sewer, and the balance of the
30 amount charged against the district may be assessed upon the
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1 properties connected with and using said sewer, as sewer rentals
2 in the manner provided by law for assessment of sewer rentals.
3 No district shall be charged with more than its due proportion
4 of the cost of the main sewers, pumping stations, et cetera,
5 used jointly by more than one district. Where the whole of the
6 township is accommodated by the system it may also be treated as
7 a single district, or divided into districts and be subject to
8 the foregoing provisions.
9 Section 3. 5. 6. 4. This act shall take effect immediately. <--
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