Section
2601.
Contracts
With
Water
Companies
and
Municipal
Corporations
and
Acquisition
of
Water
Systems.-(a)
The
board
of
supervisors
may
by
contract
with
any
private
corporation
or
any
adjacent
municipal
corporation
owning
a
waterworks
system
provide
water
for
public
and
private
uses,
to
be
delivered
through
lines
owned
by
that
company
or
municipal
corporation
within
the
township.
The
contract
shall
provide
the
manner
by
which
the
cost
of
the
water
service
shall
be
paid
by
the
consumers.
(b)
The
board
of
supervisors
may
purchase
or
acquire
a
privately
owned
water
system
to
provide
water
for
public
and
private
uses.
If
a
privately
owned
water
company
fails
to
render
service
as
required
by
the
Pennsylvania
Public
Utility
Commission,
the
board
of
supervisors
may
with
the
approval
of
the
Pennsylvania
Public
Utility
Commission
exercise
the
right
of
eminent
domain
to
acquire
the
water
system
of
the
water
company
to
provide
water
for
public
and
private
uses.
(c)
Any
township
may
by
agreement
connect
with
an
existing
water
system
owned
by
any
adjacent
municipal
corporation.
When
any
township
desires
to
connect
with
the
existing
water
system
of
any
adjacent
municipal
corporation
and
no
agreement
has
been
reached
between
the
township
and
the
adjacent
municipal
corporation,
a
petition
seeking
approval
of
the
connection
shall
be
presented
by
the
board
of
supervisors
to
the
court
of
common
pleas.
The
court
shall
set
a
day
for
hearing
upon
the
petition
and
shall
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
water
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
water
system
upon
the
township,
determine
the
proportion
of
the
expense
for
repairs
which
the
municipal
corporation
and
the
township
shall
bear
and
determine
all
other
questions
likely
to
arise
in
connection
therewith.
Section
2602.
Water
Lines
and
Connections.-The
board
of
supervisors
may
contract
with
any
private
corporation
or
any
adjacent
municipal
corporation
owning
a
water
system
to
provide
water
for
public
and
private
uses
to
be
delivered
into
the
lines
of
the
township
at
or
near
the
boundary
thereof. The
board
of
supervisors
may
by
contract
lay
water
lines
and
extensions
and
regulate
the
making
of
connections
therewith.
Section 2603. Connection to Water System.- (a)The board of supervisors may by ordinance require that a property owner connect with and use a water system of the township or municipality authority or a joint water board in either of the following cases:
(1) If, except as provided in subsection (b), the property owner's principal building is located within one hundred fifty feet of a water system or any part or extension of the system.
(2) If the property owner's principal building has no supply of water which is safe for human consumption.
(b) A property owner who, after the effective date of this subsection, is subject to mandatory connection pursuant to subsection (a)(1), shall not be required to connect to the water system pursuant to that subsection if all of the following conditions exist:
(1) The water system of part of extension of the system that is within one hundred fifty feet of the principal building was in existence on the effective date of this subsection.
(2) The principal building has its own supply of water which is safe for human consumption.
(3) Prior to the effective date of this subsection, the property owner was not required to connect to the existing system.
(c) Those industries and farms which have their own supply of water for uses other than human consumption may continue to use their own for that purpose but are required to use the township water system to provide water for human consumption.
(d) In the case of a water system provided by the township or municipality authority or a joint water board, the board of supervisors may impose and charge to property owners who desire to or are required to connect to the water system a connection fee, a customer facilities fee, a tapping fee and other similar fees as enumerated under 53 Pa.C.S. § 5607(d)(24) (relating to purposes and powers).
(e) Whenever a water 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 water system or any part or extension thereof.
(f) (1) If any property owner required under subsection (a) to connect with and use the system fails to do so within ninety days after notice to do so has been served by the board of supervisors, the board of supervisors or their agents may enter the property and construct the connection.
(2) The board of supervisors shall send an itemized bill of the cost of construction of connection to the owner of the property to which connection has been made, which bill is payable immediately, or the board of supervisors may authorize the payment of the cost of construction of connections in equal installments under Article XXXIII. (2603 amended by Act 34 of 2008)
Section
2604.
Water
Rents.-The
board
of
supervisors
may
provide
for
the
collection
of
water
rents
from
users
of
water
supplied
by
the
township.
Section
2605.
Distribution
System;
State
Permit.-The
board
of
supervisors
may
by
ordinance
provide,
acquire,
establish,
regulate
and
protect
any
system
of
distribution
of
water
for
private
and
public
use
after
a
certified
copy
of
the
plans
and
surveys
for
the
system,
with
a
description
of
the
sources
from
which
it
is
proposed
to
derive
the
supply,
are
filed
with
the
Department
of
Environmental
Protection
and
a
written
permit
for
the
construction
of
the
system
is
obtained
from
the
Department
of
Environmental
Protection.
Section
2606.
Occupation
of
Highways.-In
regulating,
protecting
and
extending
its
system
of
distribution
of
water,
the
township
may
occupy
public
highways,
but
no
highway
under
the
jurisdiction
of
the
Department
of
Transportation
shall
be
occupied
until
a
permit
therefor
has
been
obtained
from
the
department
nor
any
highway
under
the
jurisdiction
of
the
county
until
a
permit
therefor
has
been
obtained
from
the
county
commissioners.
Section
2607.
Joint
Construction,
Acquisition
or
Maintenance
of
Water
Systems.-Any
township
may
join
with
any
other
municipal
corporation
in
the
construction
or
acquisition
and
maintenance
of
water
systems.
The
construction
of
water
systems
shall
be
commenced
only
after
plans
for
the
systems
have
been
filed
with
the
Department
of
Environmental
Protection
and
permits
have
been
issued.
Section
2608.
Joint
Water
Board.-The
municipal
corporations
joining
in
the
improvement,
in
order
to
facilitate
the
building
of
the
water
system
and
in
securing
preliminary
surveys
and
estimates,
may
by
ordinance
provide
for
the
appointment
of
a
joint
water
board
composed
of
one
representative
from
each
of
the
municipal
corporations
joining
to
act
generally
as
the
advisory
and
administrative
agency
in
the
construction
of
the
improvement
and
its
subsequent
operation
and
maintenance.
Members
of
the
joint
water
board
shall
serve
for
terms
of
six
years
each
from
the
dates
of
their
respective
appointments
and
until
their
successors
are
appointed.
The
joint
water
board
shall
organize
by
the
election
of
a
chairman,
vice-chairman,
secretary
and
treasurer.
The
municipal
corporations
may
in
the
ordinances
creating
the
joint
water
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
water
board
shall
receive
compensation
for
attending
board
meetings
as
established
in
the
budget
that
is
prepared
by
the
joint
water
board
and
submitted
to
and
adopted
by
the
municipal
corporations.
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.
Section
2609.
Public
Utility
Law
Saved.-Nothing
contained
in
this
article
shall
be
construed
to
repeal
or
to
supersede
any
of
the
provisions
of
66
Pa.
C.S.
(relating
to
public
utilities).
Section
2610.
Cost
of
Construction;
How
Paid.-All
or
part
of
the
cost
of
construction
of
any
water
system
constructed
by
the
authority
of
this
article
may
be
charged
upon
the
properties
accommodated
or
benefited
thereby.
Section
2611.
Water
Districts.-The
board
of
supervisors
may
designate,
define
and
create
one
or
more
water
districts
within
the
township,
and
the
board
of
supervisors
shall
determine
the
proportion
of
the
cost
of
the
water
system
which
shall
be
equitably
charged
on
each
district
and
declare
and
establish
the
apportionment
by
resolution.
No
district
shall
be
charged
with
more
than
its
due
proportion
of
the
cost
of
the
main
pipe
lines,
pumping
stations,
et
cetera,
used
jointly
by
more
than
one
district.
Section
2612.
Assessment.-The
board
of
supervisors
may
provide
for
the
payment
of
the
cost
of
water
lines
or
water
systems
in
the
township
or
in
districts
thereof
by
an
assessment
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
water
mains,
allowing
an
equitable
reduction
in
the
case
of
corner
properties
and
unusually
shaped
properties
or
in
the
case
of
properties
abutting
on
more
than
one
main
as
the
resolution
or
ordinance
may
specify.
(2)
By
an
equal
assessment
on
all
properties
abutting
on
the
mains
in
proportion
to
the
total
cost
of
construction.
The
amount
of
the
charge
on
each
property
shall
be
determined
by
the
board
of
supervisors.
Section
2613.
Procedure
for
Assessment.-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
2612,
to
the
court
of
common
pleas
stating
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
water
system
in
question,
and
the
viewers
shall
proceed
under
this
act
for
the
assessment
of
damages
and
benefits
by
viewers.
Upon
the
filing
of
the
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.
(2613
amended
June
22,
2000,
P.L.400,
No.
55)
Section
2614.
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
2612
or
by
confirmation
of
any
report
of
viewers,
in
whole
or
in
part,
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
served
by
the
water
system.
If
the
assessment
is
not
paid
within
sixty
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.
(2614
amended
June
22,
2000,
P.L.400,
No.55)