[HISTORY: Adopted by the Board of Supervisors of the Township of Allegheny 2-13-1995 by Ord. No. 1-1995 (§§ 4.1 to 4.8 of the 1986 Code). Amendments noted where applicable.]
The purpose of this chapter is to provide the citizens of Allegheny Township with an opportunity to petition for and to obtain adequate fire protection and to assess the cost of installation of fire hydrants.
The Chairperson of the Board of Supervisors and the Manager of the Township are hereby authorized to enter into contracts with the water companies or municipal authorities supplying water within the Township of Allegheny for the purpose of placing, replacing, operating, maintaining and repairing of fire hydrants and water mains along highways, streets, roads and alleys in the Township of Allegheny for the purpose of supplying water to the property owners for the purpose of fire protection, provided that a majority of the property owners requiring or requesting such service present a petition to the Board of Supervisors for approval.
The petition of property owners requesting the installation of a fire hydrant must be signed by more than 50% of the property owners and must further indicate the names of those property owners who do not require or request a fire hydrant but reside within a seven-hundred-eighty-foot radius of the proposed hydrant, as all property owners will be assessed for the costs of installation. A copy of a property owner petition for installation of fire hydrants can be obtained from the Township Manager free of charge.
Once a petition for installation of fire hydrants is completed in compliance with and pursuant to this chapter, the Board of Supervisors shall consider approval of the petition. The Board of Supervisors may, upon motion, vote to approve the petition or deny the petition.
Once a petition for installation of fire hydrants is approved, and the Chairperson and/or Manager of the Township contract for the installation of the fire hydrant, the Board shall authorize the Township Engineer to provide a survey depicting all property owners residing within a seven-hundred-eighty-foot radius of the hydrant. These property owners will be equally assessed for the cost of installation of the fire hydrant.
The Township Manager shall give 30 days' written or printed notice that the assessment is due and payable, stating the due date to each party assessed, either by service on the owner of the property or by mailing such notice to the owner at his last known post office address.
The Township Treasurer shall receive all such assessments collected for the cost of installation of fire hydrants. The Township Treasurer shall keep the same in a separate account and shall pay the same upon order signed by the Chairperson of the Township Board of Supervisors and attested by the Township Manager. These funds are to be used only for the cost of installation.
The property owners assessed may, within 30 days after receiving notice of the assessment from the Township Manager, appeal said assessment directly to the Allegheny Township Board of Supervisors. Upon receiving any appeal from an aggrieved property owner, the Allegheny Township Board of Supervisors shall schedule a hearing to be held within 45 days from the date of the receipt of the appeal wherein the Board of Supervisors shall receive such testimony and exhibits as may be offered by the property owner to substantiate the appeal. Within 10 days after the hearing, the Allegheny Township Board of Supervisors shall render a written decision on the appeal of the property owner and shall within 15 days of said hearing notify said property owner of the decision and supply to said property owner, within 15 days of the hearing, a copy of the written decision, the original of which will be kept on file by the Township Manager. Any property owner aggrieved by the decision of the Board of Supervisors of Allegheny Township shall have the right, within 30 days from the date of the decision of the Allegheny Township Board of Supervisors, to appeal to the Court of Common Pleas of Westmoreland County, Pennsylvania.