PRINTER'S NO. 275
No. 249 Session of 2005
INTRODUCED BY R. MILLER, ARMSTRONG, BAKER, BARRAR, BOYD,
CALTAGIRONE, CLYMER, CRAHALLA, DeWEESE, GEORGE, GILLESPIE,
GOODMAN, HARPER, HENNESSEY, HERMAN, HERSHEY, KAUFFMAN,
KILLION, S. MILLER, O'NEILL, ROHRER, ROSS, SCAVELLO,
B. SMITH, STERN, E. Z. TAYLOR, TIGUE, WASHINGTON, WILT AND
YOUNGBLOOD, FEBRUARY 8, 2005
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 8, 2005
AN ACT
1 Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as
2 reenacted and amended, "An act concerning townships of the
3 second class; and amending, revising, consolidating and
4 changing the law relating thereto," further providing for
5 connection to water system.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2603 of the act of May 1, 1933 (P.L.103,
9 No.69), known as The Second Class Township Code, reenacted and
10 amended November 9, 1995 (P.L.350, No.60), is amended to read:
11 Section 2603. Connection to Water System.--The board of
12 supervisors may by ordinance require that [abutting] property
13 owners whose principal building is within one hundred fifty feet
14 of a water system provided by the township or a municipality
15 authority or a joint water board connect with and use the
16 system. Those industries and farms which have their own supply
17 of water for uses other than human consumption may continue to
1 use their own water for that purpose but are required to use the
2 township water system to provide water for human consumption. In
3 the case of a water system provided by the township or a joint
4 water board, the board of supervisors may impose and charge to
5 property owners who desire to or are required to connect to the
6 water system a connection fee, a customer facilities fee, a
7 tapping fee and other similar fees as enumerated [and defined by
8 clause (t) of subsection B of section 4 of the act of May 2,
9 1945 (P.L.382, No.164), known as the "Municipality Authorities
10 Act of 1945."] under 53 Pa.C.S. § 5607 (d)(24) (relating to
11 purposes and powers). Whenever a water system or any part or
12 extension thereof owned by a township has been constructed by
13 the township at the expense of a private person or corporation
14 or has been constructed by a private person or corporation under
15 the supervision of the township at the expense of the private
16 person or corporation, the board of supervisors shall have the
17 right to charge a tapping fee, including a reimbursement
18 component, and refund said reimbursement component to the person
19 or corporation who has paid for the construction of said water
20 system or any part or extension thereof. If any [owner of
21 property abutting] property owner whose principal building is
22 within one hundred fifty feet of the water system fails to
23 connect with and use the system within ninety days after notice
24 to do so has been served by the board of supervisors, the board
25 of supervisors or their agents may enter the property and
26 construct the connection. The board of supervisors shall send an
27 itemized bill of the cost of construction of connection to the
28 owner of the property to which connection has been made, which
29 bill is payable immediately, or the board of supervisors may
30 authorize the payment of the cost of construction of connections
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1 in equal installments under Article XXXIII.
2 Section 2. This act shall take effect in 60 days.
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