PRIOR PRINTER'S NOS. 1321, 2833, 2867, PRINTER'S NO. 4024
3345
No. 1177 Session of 1979
Report of the Committee of Conference
To the Members of the House of Representatives and Senate:
We, the undersigned, Committee of Conference on the part of
the House of Representatives and Senate for the purpose of
considering House Bill No. 1177, entitled:
"An act amending the act of May 1, 1933 (P.L.103, No.69),
entitled 'An act concerning townships of the second class; and
amending, revising, consolidating, and changing the law relating
thereto,' AUTHORIZING TOWNSHIPS OF THE SECOND CLASS TO GRANT
CABLE TELEVISION FRANCHISES AND PROVIDING FOR PERMITS FOR CABLE
TELEVISION LINES, IMPOSING CERTAIN RESTRICTIONS ON THE POWERS OF
TOWNSHIPS AND authorizing townships to use the provisions of the
Local Government Unit Debt Act for financing construction of
sewers and drains."
respectfully submit the following bill as our report:
WALTER F. DeVERTER
A. CARVILLE FOSTER, JR.
RUSSELL P. LETTERMAN
(Committee on the part of the House of Representatives.)
H. CRAIG LEWIS
J. WILLIAM LINCOLN
FRANK A. PECORA
(Committee on the part of the Senate.)
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," imposing certain restrictions on the powers of
5 townships and authorizing townships to use the provisions of
6 the Local Government Unit Debt Act for financing construction
7 of sewers and drains.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1501, act of May 1, 1933 (P.L.103,
11 No.69), known as "The Second Class Township Code," reenacted and
12 amended July 10, 1947 (P.L.1481, No.567) and amended October 4,
13 1978 (P.L.993, No.205), is amended to read:
14 Section 1501. Power to Establish and Construct Sewers and
15 Drains.--(a) Townships may establish and construct a system of
16 sewers and drainage, locating the same as far as practicable
17 along and within the lines of the public roads of the townships
18 as seems advisable to the board of supervisors. The supervisors
19 may permit and, where necessary for the public health, require
20 adjoining and adjacent property owners to connect with and use
21 the same. In case any owner of property adjoining or adjacent to
22 such sewer shall neglect or refuse to connect with and use said
23 sewer for a period of sixty days after notice to do so has been
24 served upon him by the supervisors, either by personal service
25 or by registered mail, said supervisors or their agents, may
26 enter upon such property and construct such connection. In such
27 case the supervisors shall forthwith, upon completion of the
28 work, send an itemized bill of the cost of construction of such
29 connection to the owner of the property to which connection has
30 been so made, which bill shall be payable forthwith. In case of
31 neglect or refusal by the owner of such property to pay said
1 bill, it shall be the duty of the township supervisors to file
2 municipal liens for said construction within six months of the
3 date of completion of the construction of said connection, the
4 same to be subject in all respects to the general law providing
5 for the filing and recovery of municipal liens.
6 (b) Whenever an existing sewer system owned by or leased to
7 a township of the second class is extended or altered at the
8 expense of a developer or other private person or corporation
9 under the supervision of such township or a municipal authority
10 of such township, the township supervisors may, by ordinance or
11 resolution, take over said extension or alteration and compel
12 all owners of property which is not already connected to an
13 existing public sewer system and which is accessible to and
14 whose principal building is within one hundred fifty feet from
15 such sewer extension to pay a tapping fee and make connection
16 therewith and use such sewer system in such manner as they may
17 order.
18 (c) The supervisors may refund all or part of said tapping
19 fee or fees to the developer or other private person or
20 corporation who or which paid for said construction. Said
21 tapping fees may be based upon front foot construction costs,
22 however, the total of said refunds shall never exceed the cost
23 of said extension or alterations. Once said extension or
24 alteration is taken over it shall become part of the existing
25 sewer system.
26 (d) Notwithstanding the powers granted pursuant to
27 subsection (a), (b) or (c), no township shall have the power to
28 require any commercial or industrial business to connect to the
29 township sewer system when such commercial or industrial
30 business is operating a sewer treatment plant under mandate of
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1 any agency of the Federal or State Government. This exemption
2 shall last as long as such sewer treatment plant continues to
3 meet the specifications and standards mandated by such Federal
4 or State agency and for forty-five days thereafter. If, during
5 the days immediately subsequent to the day a business' sewer
6 treatment plant is determined to be below Federal or State
7 mandates, repairs cannot be made to bring the system back up to
8 satisfactory condition, the township may require such business
9 to connect to its sewage treatment system. In such case, the
10 full costs of connection to, and any necessary refurbishing of,
11 the township sewer system shall be borne by such business.
12 (e) The exemption provided for in subsection (d) shall not
13 be available in any situation where the business seeking to use
14 it had notice, either actual or constructive, prior to
15 construction of its sewer treatment plant, of the township's
16 intention to construct a sewage treatment plant and to require
17 that business to connect with its system.
18 (f) The Department of Environmental Resources shall not,
19 subsequent to the effective date of this amendatory act, issue
20 any permit to allow a commercial or industrial business to
21 construct its own permanent sewer treatment plant without the
22 written consent of the township supervisors of the township
23 wherein such treatment plant is proposed to be located.
24 Section 2. Section 1507 of the act, amended June 10, 1955
25 (P.L.154, No.48), is amended to read:
26 Section 1507. Cost of Construction; How Paid.--[The] All or
27 any portion of the cost of construction of any such system of
28 sewers or drains, constructed by the authority of this
29 subdivision, [in so far as it relates to sanitary sewers or
30 drains, shall and, in so far as it relates to storm sewers or
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1 drains,] may be charged upon the properties accommodated or
2 benefited thereby [to the extent of such benefits] in the manner
3 hereinafter provided.
4 The township supervisors may finance the cost of construction
5 of any such system of sewers or drains, by the [issuance of
6 general obligation bonds of] incurring of debt by the township,
7 within the [constitutional and statutory limitations for the
8 incurring or increasing of indebtedness, and pursuant to the
9 provisions of law relating to the borrowing of money by
10 political subdivisions] limitations and pursuant to the
11 provisions of the act of July 12, 1972 (P.L.781, No.185), known
12 as the "Local Government Unit Debt Act." Where [general
13 obligation bonds are so issued] debt is so incurred, the
14 supervisors [in the case of construction of sanitary sewers or
15 drains shall and in the case of construction of storm sewers or
16 drains may nevertheless be required to] at their sole discretion
17 may assess all or any portion of the cost of the construction of
18 such sewers or drains, [to the extent] as permitted by law,
19 against the properties accommodated or benefited by such
20 improvements as hereinafter provided, and to deposit the net
21 proceeds of such assessments in [the sinking fund] a sinking or
22 analogous fund established [for the purpose of retiring such
23 general obligation bonds] in connection with the incurring of
24 such debt.
25 Nothing in this section shall be construed to prevent the
26 financing of the cost of such construction under the provisions
27 of the "Municipality Authorities Act of 1945," and any
28 amendments thereto.
29 Section 3. This act shall take effect immediately.
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