PRINTER'S NO. 362
No. 316 Session of 2003
INTRODUCED BY R. MILLER, BARRAR, CLYMER, DeWEESE, HARHAI,
HARPER, HENNESSEY, HERSHEY, HORSEY, LAUGHLIN, MACKERETH,
NICKOL, PICKETT, ROSS, SAYLOR, SCAVELLO, SOLOBAY, STERN,
E. Z. TAYLOR, YEWCIC AND YOUNGBLOOD, FEBRUARY 18, 2003
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 18, 2003
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
18 use their own water for that purpose but are required to use the
1 township water system to provide water for human consumption. In
2 the case of a water system provided by the township or a joint
3 water board, the board of supervisors may impose and charge to
4 property owners who desire to or are required to connect to the
5 water system a connection fee, a customer facilities fee, a
6 tapping fee and other similar fees as enumerated [and defined by
7 clause (t) of subsection B of section 4 of the act of May 2,
8 1945 (P.L.382, No.164), known as the "Municipality Authorities
9 Act of 1945."] under 53 Pa.C.S. § 5607 (d)(24) (relating to
10 purposes and powers). Whenever a water system or any part or
11 extension thereof owned by a township has been constructed by
12 the township at the expense of a private person or corporation
13 or has been constructed by a private person or corporation under
14 the supervision of the township at the expense of the private
15 person or corporation, the board of supervisors shall have the
16 right to charge a tapping fee, including a reimbursement
17 component, and refund said reimbursement component to the person
18 or corporation who has paid for the construction of said water
19 system or any part or extension thereof. If any [owner of
20 property abutting] abutting property owner whose principal
21 building is within one hundred fifty feet of the water system
22 fails to connect with and use the system within ninety days
23 after notice to do so has been served by the board of
24 supervisors, the board of supervisors or their agents may enter
25 the property and construct the connection. The board of
26 supervisors shall send an itemized bill of the cost of
27 construction of connection to the owner of the property to which
28 connection has been made, which bill is payable immediately, or
29 the board of supervisors may authorize the payment of the cost
30 of construction of connections in equal installments under
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1 Article XXXIII.
2 Section 2. This act shall take effect in 60 days.
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