PRINTER'S NO. 2978
No. 2314 Session of 1980
INTRODUCED BY FREIND, VROON, PUNT, POLITE, BRANDT, COHEN, BROWN,
CHESS AND KUKOVICH, FEBRUARY 27, 1980
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 27, 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," further providing for certain water and sewer
5 tapping fees and for the construction of certain water and
6 sewer mains, systems and extensions.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1501, act of May 1, 1933 (P.L.103,
10 No.69), known as the "Second Class Township Code," reenacted and
11 amended July 10, 1947 (P.L.1481, No.567) and the second and
12 third paragraphs added October 4, 1978 (P.L.993, No.205), is
13 amended to read:
14 Section 1501. Power to Establish and Construct Sewers and
15 Drains.--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
1 adjoining and adjacent property owners to connect with and use
2 the same. In case any owner of property adjoining or adjacent to
3 such sewer shall neglect or refuse to connect with and use said
4 sewer for a period of sixty days after notice to do so has been
5 served upon him by the supervisors, either by personal service
6 or by registered mail, said supervisors or their agents, may
7 enter upon such property and construct such connection. In such
8 case the supervisors shall forthwith, upon completion of the
9 work, send an itemized bill of the cost of construction of such
10 connection to the owner of the property to which connection has
11 been so made, which bill shall be payable forthwith. In case of
12 neglect or refusal by the owner of such property to pay said
13 bill, it shall be the duty of the township supervisors to file
14 municipal liens for said construction within six months of the
15 date of completion of the construction of said connection, the
16 same to be subject in all respects to the general law providing
17 for the filing and recovery of municipal liens.
18 Whenever an existing sewer system owned by or leased to a
19 township of the second class is extended or altered at the
20 expense of a developer or other private person or corporation
21 under the supervision of such township or a municipal authority
22 of such township, the township supervisors may, by ordinance or
23 resolution, take over said extension or alteration and compel
24 all owners of property which is not already connected to an
25 existing public sewer system and which is accessible to and
26 whose principal building is within one hundred fifty feet from
27 such sewer extension to pay a tapping fee and make connection
28 therewith and use such sewer system in such manner as they may
29 order.
30 [The supervisors may refund all or part of said tapping fee
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1 or fees to the developer or other private person or corporation
2 who or which paid for said construction. Said tapping fees may
3 be based upon front foot construction costs, however, the total
4 of said refunds shall never exceed the cost of said extension or
5 alterations.] Once said extension or alteration is taken over it
6 shall become part of the existing sewer system.
7 Section 2. The act is amended by adding articles to read:
8 ARTICLE XV-B
9 SEWER AND WATER TAPPING FEE
10 ESTABLISHMENT
11 Section 1501-B. Procedure for Establishing Tapping Fees.--
12 Whenever any township is authorized to impose a tapping fee for
13 connecting a property to a sanitary sewer or water main, the
14 township shall establish such fees in accordance with this
15 article.
16 Section 1502-B. Public Hearings and Final Establishment of
17 Tapping Fees.--Before any meeting of the governing body of the
18 township to finally establish the tapping fee schedule, public
19 hearings on such matters shall be held. When the township
20 finally establishes such fees, the determination by the
21 township's governing body shall be deemed "formal action" within
22 the context of the act of July 19, 1974 (P.L.486, No.175),
23 referred to as the Public Agency Open Meeting Law and a written
24 transcript of the proceedings shall be kept.
25 Section 1503-B. Limitation on Total of Assessments and
26 Fees.--The total of the costs assessed to the properties
27 benefited plus the tapping fees shall in no event exceed the
28 township's actual and reasonable direct costs in connecting and
29 constructing or acquiring the sanitary sewer system or water
30 main.
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1 Section 1504-B. Judicial Review.--The establishment of the
2 tapping fees by the township's governing body shall be deemed an
3 adjudication by a local agency within the context of 2 Pa.C.S. §
4 751, et seq. (relating to judicial review of local agency
5 action). Any person aggrieved by such adjudication shall have
6 the right of judicial review provided in Title 2.
7 ARTICLE XV-C
8 WATER AND SEWER CONSTRUCTION BY PRIVATE PARTIES
9 Section 1501-C. Water and Sewer Construction by Private
10 Parties.--Whenever a township requires the construction of a
11 water main or sanitary sewer system or an extension thereof as a
12 condition to the subdivision or development of property and such
13 main, system or extension is to be acquired or turned over
14 either to the township, an authority or a utility to operate and
15 maintain, then the owner of the property being subdivided or
16 developed shall have the right to construct or contract for the
17 construction of the required main, system or extension, subject
18 to the specifications and inspection of the township, authority
19 or utility, as the case may be. The township, authority or
20 utility may charge reasonable fees for their engineering and
21 inspection services provided in regard to the construction.
22 Section 3. This act shall take effect in 60 days.
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