Section
2501.
Sanitary
Sewers.-The
board
of
supervisors
may
establish
and
construct
sanitary
sewer
systems
which
shall
if
possible
be
constructed
along
and
within
the
lines
of
the
rights-of-way
of
public
roads.
If
the
board
of
supervisors
determines
that
the
systems
shall
be
located
on
or
through
private
property,
the
board
of
supervisors
may
acquire
the
land
by
gift,
purchase
or
eminent
domain.
Section
2502.
Sanitary
Sewer
Connections.-(a)
The
board
of
supervisors
may
by
ordinance
require
adjoining
and
adjacent
property
owners
to
connect
with
and
use
the
sanitary
sewer
system,
whether
constructed
by
the
township
or
a
municipality
authority
or
a
joint
sanitary
sewer
board.
In
the
case
of
a
sanitary
sewer
system
constructed
by
the
township
pursuant
to
either
section
2501
or
2516,
the
board
of
supervisors
may
impose
and
charge
to
property
owners
who
desire
to
or
are
required
to
connect
to
the
township's
sewer
system
a
connection
fee,
a
customer
facilities
fee,
a
tapping
fee
and
other
similar
fees,
as
enumerated
and
defined
by
clause
(t)
of
subsection
B
of
section
4
of
the
act
of
May
2,
1945
(P.L.
382,
No.
164),
known
as
the
"Municipality
Authorities
Act
of
1945,"
as
a
condition
of
connection
to
a
township-owned
sewer
collection,
treatment
or
disposal
facility.
If
any
owner
of
property
adjoining
or
adjacent
to
or
whose
principal
building
is
within
one
hundred
and
fifty
feet
from
the
sanitary
sewer
fails
to
connect
with
and
use
the
sanitary
sewer
for
a
period
of
sixty
days
after
notice
to
do
so
has
been
served
by
the
board
of
supervisors,
either
by
personal
service
or
by
registered
mail,
the
board
of
supervisors
or
their
agents
may
enter
the
property
and
construct
the
connection.
The
board
of
supervisors
shall
send
an
itemized
bill
of
the
cost
of
construction
to
the
owner
of
the
property
to
which
connection
has
been
made,
which
bill
is
payable
immediately.
If
the
owner
fails
to
pay
the
bill,
the
board
of
supervisors
shall
file
a
municipal
lien
for
the
cost
of
the
construction
within
six
months
of
the
date
of
completion
of
the
connection.
(b)
When
an
existing
sanitary
sewer
system
owned
by
or
leased
to
a
township
is
extended
or
altered
at
the
expense
of
a
developer
or
other
private
person
or
corporation
under
the
supervision
of
the
township
or
a
municipality
authority
of
the
township,
the
board
of
supervisors
may
by
ordinance
or
resolution
take
over
the
extension
or
alteration
and
compel
all
owners
of
property
which
is
not
already
connected
to
an
existing
public
sanitary
sewer
system
and
which
is
accessible
to
and
whose
principal
building
is
within
one
hundred
and
fifty
feet
from
the
sanitary
sewer
extension
to
make
connection
therewith
and
use
the
sanitary
sewer
system
as
the
board
of
supervisors
may
order.
(c)
Whenever
a
sewer
system
or
any
part
or
extension
thereof
owned
by
a
township
has
been
constructed
by
the
township
at
the
expense
of
a
private
person
or
corporation
or
has
been
constructed
by
a
private
person
or
corporation
under
the
supervision
of
the
township
at
the
expense
of
the
private
person
or
corporation,
the
board
of
supervisors
shall
have
the
right
to
charge
a
tapping
fee,
including
a
reimbursement
component,
and
refund
said
reimbursement
component
to
the
person
or
corporation
who
has
paid
for
the
construction
of
said
sewer
system
or
any
part
or
extension
thereof.
(d)
The
board
of
supervisors
shall
not
require
any
commercial
or
industrial
business
to
connect
to
the
township
sanitary
sewer
system
when
the
commercial
or
industrial
business
is
operating
a
private
sanitary
sewage
treatment
plant
under
mandate
of
any
agency
of
the
Federal
or
State
Government.
This
exemption
shall
last
as
long
as
the
private
sanitary
sewage
treatment
plant
continues
to
meet
the
specifications
and
standards
mandated
by
the
Federal
or
State
agency
and
for
forty-five
days
after
that.
If,
during
the
days
immediately
after
the
day
a
business'
private
sanitary
sewage
treatment
plant
is
determined
to
be
below
Federal
or
State
mandates,
repairs
cannot
be
made
to
bring
the
private
sewage
treatment
system
back
up
to
satisfactory
condition,
the
board
of
supervisors
may
require
the
business
to
connect
to
the
township
sanitary
sewer
system.
The
full
costs
of
connection
to
and
any
necessary
refurbishing
of
the
township
sanitary
sewer
system
shall
be
paid
by
the
business.
(e)
The
exemption
in
subsection
(d)
is
not
available
in
any
situation
where
the
business
seeking
to
use
it
had
notice,
either
actual
or
constructive,
before
construction
of
its
sewage
treatment
plant,
of
the
township's
intention
to
construct
a
sanitary
sewer
system
and
to
require
that
business
to
connect
with
its
system.
(f)
The
Department
of
Environmental
Protection
shall
not
issue
any
permit
to
allow
a
commercial
or
industrial
business
to
construct
its
own
private
sewage
treatment
plant
without
the
written
consent
of
the
board
of
supervisors
of
the
township
in
which
the
private
sewage
treatment
plant
is
proposed
to
be
located.
Section
2503.
Notice
of
Contemplated
Construction.-No
sanitary
sewer
system
shall
be
constructed
under
this
article
unless
a
resolution
of
the
board
of
supervisors
authorizing
the
construction
is
published
in
a
newspaper
of
general
circulation
in
the
township
once
a
week
for
three
successive
weeks.
Section
2504.
Entering
Lands
to
Mark
Sanitary
Sewer
Routes;
Damages.-In
the
absence
of
an
agreement
with
the
owners
of
land
required
for
sanitary
sewer
systems
or
for
the
marking
of
the
route
of
the
systems,
the
board
of
supervisors
or
its
agents
have
the
right
to
enter
the
lands
for
that
purpose.
For
all
damage
done
by
entering
the
land
under
this
section,
the
general
fund
of
the
township
shall
be
pledged
as
security.
Damages
shall
be
determined
by
viewers
under
this
act
for
eminent
domain
proceedings.
Section
2505.
Sanitary
Sewer
Systems;
Acquisition
of
Land
and
Facilities;
Damages.-The
board
of
supervisors
may
acquire
by
eminent
domain
or
make
contracts
with
other
municipal
corporations,
corporations
or
persons
for
the
acquisition
of
lands
or
facilities
for
the
location,
construction,
maintenance,
reconstruction
and
enlargement
of
sanitary
sewer
systems
and
treatment
facilities.
Acquisitions
may
be
made
for
the
purpose
of
future
construction
or
additions
to
existing
systems.
The
acquired
land
may
be
located
either
inside
or
outside
the
boundaries
of
the
township.
For
all
damage
done
to
owners
of
land
by
reason
of
the
taking
of
the
land,
the
general
fund
of
the
township
shall
be
pledged
as
security.
Damages
shall
be
determined
by
viewers
under
this
act
for
eminent
domain
proceedings.
Section
2506.
Cost
of
Construction;
How
Paid.-All
or
part
of
the
cost
of
construction
of
a
sanitary
sewer
system
constructed
under
this
article
may
be
charged
upon
the
properties
accommodated
or
benefited
by
the
construction.
Section
2507.
Sanitary
Sewer
Districts.-(a)
When
a
sanitary
sewer
system
is
constructed
by
a
township
for
the
accommodation
of
a
certain
portion
of
the
township,
the
board
of
supervisors
may
before
or
after
the
construction
designate
the
territory
accommodated
as
one
sanitary
sewer
district
or
divide
it
into
several
sanitary
sewer
districts.
The
board
of
supervisors
shall
estimate
the
proportion
of
the
cost
of
the
sanitary
sewer
system
to
be
charged
on
each
of
the
districts
and
declare
and
establish
the
apportionment
by
resolution.
(b)
When
a
sanitary
sewer
system
is
constructed
by
a
township
for
the
benefit
only
of
a
certain
portion
of
the
township
and
the
cost
of
main
sanitary
sewers,
pumping
stations,
pressure
lines,
et
cetera,
is
charged
against
the
sanitary
sewer
district
or
sanitary
sewer
districts,
all
or
part
of
the
amount
charged
to
each
district
may
be
assessed
to
the
district
by
an
assessment
upon
each
lot
or
piece
of
land
in
the
district,
in
proportion
to
its
frontage
abutting
on
the
sanitary
sewer,
or
by
an
assessment
upon
the
several
properties
abutting
on
the
sanitary
sewer,
in
proportion
to
benefits,
or
upon
the
properties
connected
with
and
using
the
sanitary
sewers
as
rental
fees,
or
each
lot
or
piece
of
ground
abutting
upon
the
sanitary
sewer
may
be
assessed,
in
proportion
to
its
frontage
or
according
to
benefits,
the
cost
of
a
local
sanitary
sewer,
and
the
balance
of
the
amount
charged
against
the
district
may
be
assessed
upon
the
properties
connected
with
and
using
the
sanitary
sewer,
as
rental
fees.
No
district
shall
be
charged
with
more
than
its
due
proportion
of
the
cost
of
the
main
sanitary
sewers,
pumping
stations,
et
cetera,
used
jointly
by
more
than
one
district.
If
the
whole
of
the
township
is
accommodated
by
the
sanitary
sewer
system,
it
may
be
treated
as
a
single
district.
Section
2508.
Manner
of
Assessment.-When
a
township
is
divided
into
sanitary
sewer
districts,
the
assessment
in
each
district
may
be
by
different
methods.
The
assessment,
if
any,
for
sanitary
sewer
system
construction
shall
be
charged
upon
the
properties
accommodated
or
benefited
by
one
of
the
following
methods:
(1)
By
an
assessment,
under
a
resolution
or
ordinance
of
the
board
of
supervisors,
of
each
lot
or
piece
of
land
in
proportion
to
its
frontage
abutting
on
the
sanitary
sewer
system,
allowing
an
equitable
reduction
in
the
case
of
corner
properties
and
unusually
shaped
properties
or
those
properties
abutting
on
more
than
one
collector
line
of
the
sanitary
sewer
as
the
resolution
or
ordinance
may
specify.
When
the
lot
or
piece
of
land
is
on
a
corner,
it
shall
be
assessed
for
its
entire
frontage
abutting
on
any
sanitary
sewer
system.
(2)
By
an
equal
assessment
on
all
properties
abutting
on
the
sanitary
sewer
system
in
proportion
to
the
total
cost
of
construction
of
the
sanitary
sewer
system.
The
amount
of
the
charge
on
each
property
shall
be
determined
by
the
board
of
supervisors.
Section
2509.
Procedure
for
Assessments.-If
taxpayers
of
the
district
whose
property
valuation
as
assessed
for
taxable
purposes
within
the
district
amounts
to
fifty
percent
of
the
total
property
valuation
so
assessed
or
if
taxpayers
representing
fifty
percent
of
the
parcels
within
the
district
present
a
petition
within
three
months
of
the
adoption
of
a
resolution
or
ordinance
levying
an
assessment
under
section
2508
to
the
court
of
common
pleas
that
the
assessment
insufficiently
represents
the
benefits
accruing
to
abutting
properties,
they
may
include
in
the
petition
a
request
for
the
appointment
of
viewers
to
assess
benefits.
The
court
shall
appoint
three
disinterested
viewers,
none
of
whom
shall
be
a
resident
of
that
portion
of
the
township
which
is
accommodated
by
the
sanitary
sewer
system
in
question,
and
the
viewers
shall
proceed
under
this
act
for
the
assessment
of
damages
and
benefits
by
viewers.
Upon
the
filing
of
a
petition
by
taxpayers
for
appointment
of
viewers,
any
assessment
made
by
the
board
of
supervisors
and
any
proceedings
shall
be
stayed
pending
the
disposition
of
the
petition
by
the
court.
(2509
amended
June
22,
2000,
P.L.400,
No.
55)
Section 2510. Liens for Assessments; Costs of Proceedings.-After the amount of the assessment charged upon the several properties has been established by resolution making assessments according to section 2508 or by confirmation of any report of viewers, in whole or in part, the amounts of all assessments are payable to the township treasurer for the use of the sanitary sewer district or districts or the township in which they are assessed. The board of supervisors shall make out bills for the amounts charged against each property, which shall be sent to all property owners whose property will be served by the sanitary sewer system. If the assessment is not paid within ninety days after the mailing of a bill therefor, the board of supervisors shall collect it by action of assumpsit or under law for the filing and recovery of municipal claims. (2510 amended by Act 34 of 2008)
Section
2511.
Rental
Fees.-(a)
All
persons
whose
property
is
connected
to
a
sanitary
sewer
system
shall
pay
to
the
township
treasurer,
in
addition
to
the
cost
of
making
the
connection,
a
monthly,
quarterly,
semi-annual
or
annual
charge
adopted
by
a
resolution
of
the
board
of
supervisors.
The
charges
constitute
a
lien
until
paid
against
the
property
connected
to
the
sanitary
sewer
system,
and
the
amount
thereof
may
be
recovered
by
due
process
of
law.
All
water
utilities
supplying
water
to
users
within
the
boundaries
of
any
township
shall
at
the
request
of
the
board
of
supervisors
furnish
to
the
township,
on
or
before
the
fifteenth
day
of
the
month
following
the
month
during
which
bills
are
issued,
a
list
of
all
water
meter
readings
and
flat-rate
water
bills
and
the
basis
for
each
flat-rate
water
charge
so
that
the
data
may
be
used
in
calculating
rental
fees.
The
township
may
pay
to
the
utilities
clerical
and
other
expenses
incurred
in
the
preparation
of
the
lists.
(b)
Nothing
in
this
section
shall
be
construed
to
repeal
or
modify
any
of
the
provisions
of
66
Pa.C.S.
(relating
to
public
utilities).
(c)
All
sewer
rentals
received
shall
be
deposited
in
a
special
fund
to
be
used
only
for
the
payment
of
the
cost
of
construction,
reconstruction,
repair,
operation
and
maintenance
of
the
sanitary
sewer
system.
Section
2512.
State
and
County
Highways;
Consents
Necessary.-
Sanitary
sewers
may
be
constructed
in
or
under
any
State
or
county
highway.
If
the
construction
of
sanitary
sewers
is
in
or
under
county
highways,
the
consent
of
the
county
commissioners
of
the
county
shall
first
be
obtained
and,
if
the
construction
of
sanitary
sewers
is
in
or
under
any
State
highway,
the
consent
of
the
Department
of
Transportation
shall
first
be
obtained.
Section
2513.
Municipal
Corporation;
Municipality
Authority;
Agreements
for
Connections;
Appointment
of
Viewers.-(a)
Any
township
may
by
agreement
connect
with
an
existing
sanitary
sewer
owned
by
any
municipal
corporation
or
municipality
authority
for
either
sewage
collection
or
treatment
purposes.
(b)
When
any
township
desires
to
connect
with
the
existing
sewer
of
any
municipal
corporation
or
municipality
authority,
a
petition
shall
be
presented
by
the
board
of
supervisors
to
the
court
of
common
pleas
setting
forth
the
facts.
The
court
shall
fix
a
day
for
hearing
upon
the
petition
and
direct
public
notice
be
given
to
all
interested
parties.
If
the
court
is
of
the
opinion
that
the
connection
can
be
made
without
impairing
the
usefulness
of
the
existing
sanitary
sewer
system,
it
shall
appoint
three
viewers
to
view
the
premises,
investigate
the
facts
of
the
case,
assess
the
necessary
costs
and
expenses
of
making
the
connection
and
the
proportionate
part
of
the
expense
of
building
the
original
sanitary
sewer
system
upon
the
township,
determine
the
proportion
of
the
expense
for
repairs
which
the
municipal
corporation
or
municipality
authority
and
the
township
shall
bear
and
determine
all
other
questions
liable
to
arise
in
connection
therewith.
Section
2514.
Report
of
Viewers.-The
viewers
shall
report
the
results
of
their
investigation
to
the
court,
and
the
court
shall
confirm
the
report
within
thirty
days
of
its
submission
unless
exceptions
are
filed.
Any
interested
party
may
appeal
the
disposition
of
filed
exceptions.
Section
2515.
Acquisition
of
Existing
Sanitary
Sewer
Systems.-(a)
The
board
of
supervisors
of
the
township
in
which
the
facilities
are
located
may
acquire
all
or
part
of
an
existing
sanitary
sewer
system
or
community
subsurface
sewage
collection
and
treatment
system.
(b)
Acquisition
may
be
by
either
purchase,
when
the
board
of
supervisors
and
the
owner
can
agree
on
a
price
not
exceeding
the
actual
value
of
the
sanitary
sewer
system
or
part
thereof
to
be
transferred,
or
by
deed
of
dedication
to
the
township
by
the
owners
of
the
sanitary
sewer
system
or
part
thereof
or
by
the
exercise
of
eminent
domain.
(c)
If
any
sanitary
sewer
system
or
community
subsurface
disposal
collection
and
treatment
system
is
acquired
by
purchase
or
taking
under
this
section,
the
cost
of
acquisition
may
be
distributed
or
assessed
under
this
act
as
when
a
sanitary
sewer
system
is
constructed
by
the
township.
(d)
The
rights,
powers
and
duties
of
the
board
of
supervisors
with
respect
to
acquired
systems
are
the
same
as
exist
with
respect
to
sanitary
sewer
systems
constructed
by
the
township.
Section
2516.
Joint
Sanitary
Sewer
Systems.-(a)
Townships
may
contract
with
other
municipal
corporations
and
municipal
authorities
providing
for
the
joint
construction
or
maintenance
of
sanitary
sewer
systems
and
for
the
connection
onto
existing
sanitary
sewer
systems.
The
agreements
shall
provide
for
the
apportionment
of
costs
among
the
municipal
corporations.
The
board
of
supervisors
may
assess
the
township's
respective
portions
of
the
costs,
as
may
be
legally
assessable,
upon
property
benefited
by
the
facilities.
Any
portion
of
the
cost
not
assessed
or
assessable
shall
be
paid
by
the
respective
municipal
corporations
under
the
agreement.
(b)
The
municipal
corporations
joining
or
contemplating
joining
in
the
project
in
order
to
facilitate
the
building
of
the
sanitary
sewer
system
and
in
securing
preliminary
surveys
and
estimates
may
by
ordinance
provide
for
the
appointment
of
a
joint
sanitary
sewer
board
composed
of
one
representative
from
each
of
the
municipal
corporations
joining
which
shall
act
generally
as
the
advisory
and
administrative
agency
in
the
construction
of
the
improvement
and
its
subsequent
operation
and
maintenance.
Members
of
the
joint
sanitary
sewer
board
shall
serve
for
terms
of
six
years
each
from
the
dates
of
their
respective
appointments
and
until
their
successors
are
appointed.
The
joint
sanitary
sewer
board
shall
organize
by
the
election
of
a
chairman,
vice-chairman,
secretary
and
treasurer.
The
municipal
corporations
may
in
the
ordinances
creating
the
joint
sanitary
sewer
board
authorize
it
to
appoint
an
engineer,
a
solicitor
and
other
necessary
assistants
and
agree
to
the
share
of
the
compensation
of
those
persons
each
municipal
corporation
is
to
pay.
The
members
of
the
joint
sanitary
sewer
board
shall
receive
compensation
for
attending
board
meetings
as
established
in
the
budget
that
is
prepared
by
the
joint
sanitary
sewer
board
and
submitted
to
and
adopted
by
the
municipal
corporations.
The
budget
item
providing
for
the
compensation
to
members
for
attending
meetings
shall
not
exceed
a
total
of
two
hundred
and
fifty
dollars
($250)
for
each
member
in
each
year,
but
the
members
shall
be
entitled
to
actual
expenses
to
be
paid
by
the
respective
municipal
corporations
the
members
represent.
(c)
The
joint
sanitary
sewer
board
may
adopt
rules
and
regulations
to
govern
its
proceedings
and
prepare
and
suggest
measures
and
plans
under
which
the
joint
improvement
may
be
completed
and
for
the
future
development
of
the
system.
It
may
prepare
a
joint
agreement
or
agreements
for
submission
to
and
adoption
by
the
municipal
corporations
defining
the
advisory
and
administrative
powers
of
the
joint
sanitary
sewer
board
and
setting
forth:
the
consents
of
the
municipal
corporations
to
the
proposed
improvement;
the
manner
in
which
preliminary
and
final
plans,
specifications
and
estimates
for
the
proposed
improvement
shall
be
prepared
and
adopted
and
in
which
proposals
for
bids
shall
be
advertised
and
contracts
let;
the
manner
in
which
the
costs
of
the
improvement
and
other
incidental
and
preliminary
expenses
in
connection
therewith,
and
the
future
cost
of
operation
and
maintenance,
shall
be
equitably
shared,
apportioned
and
paid;
and
all
other
matters,
including
the
preparation
and
submission
of
annual
and
other
budgets,
that
are
necessary
or
required
by
law
to
complete
the
proposed
improvement
and
to
assure
future
maintenance
and
operation
thereof.
The
board
may
not
make
any
improvement
or
spend
any
public
moneys
which
have
not
first
been
authorized
by
all
of
the
municipal
corporations
proceeding
with
the
improvement.
(d)
When
it
is
necessary
to
acquire,
appropriate,
damage
or
destroy
private
property
to
build
any
joint
sanitary
sewer
system
or
improvement
and
the
property
cannot
be
acquired
by
purchase
or
gift,
the
right
of
eminent
domain
shall
vest
in
the
municipal
corporation
where
the
property
is
located.
When
it
is
necessary
to
acquire,
damage
or
destroy
property
in
any
territory
not
within
the
limits
of
any
of
the
municipal
corporations
joining
in
the
improvement,
the
right
of
eminent
domain
shall
be
vested
in
the
municipal
corporation
adjacent
to
the
territory
where
the
property
is
located.
Damages
for
any
property
that
is
taken,
damaged
or
destroyed
shall
be
assessed
under
laws
relating
to
the
municipal
corporations
exercising
the
right
of
eminent
domain
and
shall
be
paid
by
the
municipal
corporations
joining
in
the
same
proportion
as
other
costs
of
the
improvements.
Section
2517.
State
Permit.-No
sanitary
sewer
or
plant
may
be
constructed
until
plans
and
specifications
are
submitted
to
the
Department
of
Environmental
Protection
and
approved.