[HISTORY: Adopted by the Board of Supervisors
of the Township of Hempfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-9-1999 by Ord. No. 99-10]
This article is adopted to establish procedures
for requests to be filed and reviewed by the Township of Hempfield
regarding the extension or provision of municipal water service to
properties situate within the Township; to mandate the provision of
a tap to newly installed municipal water facilities; to authorize
the utilization of the services of the Municipal Authority of Westmoreland
County to construct and operate the municipal water system; and to
establish penalties for the violations of any provisions hereof.
A.
Any person or persons requesting the installation
of municipal water facilities to any property or properties within
the Township of Hempfield shall first submit a petition to the Hempfield
Township Board of Supervisors, on a form as may be prescribed by said
Board, setting forth the following information as to all properties
abutting along all roadways in the area proposed for waterline installation:
B.
Upon receipt of such petition, the Board of Supervisors
shall have the same reviewed and certified by the Township Engineer
to determine whether the persons signing said petition constitute
51% of the total assessed value of all properties in the area to be
serviced by the new municipal waterline.
C.
Once any petition for waterline installation has been
reviewed and certified as constituting the required signatures as
set forth above, the Board of Supervisors shall obtain a written cost
estimate from the Municipal Authority of Westmoreland County as to
the estimated installation expenses for said waterline. All potentially
affected property owners shall then be given notice of the estimated
cost and afforded a final opportunity to add their names to or remove
their names from the waterline petition.
D.
Upon the completion of the foregoing review process,
if the Board of Supervisors of Hempfield Township determines that
a valid waterline petition remains, then the Township shall constitute
a water district in accordance with the provisions of Section 2611
of the Second Class Township Code, 53 P.S. § 67611.
The Board of Supervisors of Hempfield Township
is hereby authorized to contract with the Municipal Authority of Westmoreland
County for services relating to the design, construction, installation,
operation and maintenance of all new municipal water facilities within
the Township.
The Board of Supervisors, at its sole discretion,
shall determine by resolution the manner by which the costs of construction
and installation of said waterline shall be collected from those properties
benefiting thereby. Said assessments shall be determined:
A.
Pursuant to the provisions of Section 2612 of the
Second Class Township Code, 53 P.S. § 67612, as the same
may be amended from time to time; or
B.
Pursuant to a specific assignment of the rights and
claims of Hempfield Township to the Municipal Authority of Westmoreland
County for the purpose of allocating and collecting costs through
a surcharge program in the event that the Municipal Authority of Westmoreland
County serves as the source of financing for the costs of said installation.
A.
All structures or dwelling units situate within 150
feet of a newly installed municipal waterline are required to provide
for a connection to said waterline. Any vacant or undeveloped parcel
of record abutting upon a newly installed waterline shall provide
for a minimum of one connection to said waterline for the benefit
of such parcel. Hempfield Township or the Municipal Authority of Westmoreland
County may or shall issue a tap-in notice to the owners of properties
abutting such newly constructed waterlines. Said tap-in notice shall
provide a date which shall not be less than 60 days from the date
of said notice by which time payment for the connection shall be made.
The owners of each premises shall connect to the waterline at their
own cost.
B.
Water rental charges shall commence on the date a
connection is made to the municipal water system and utilization of
that system commences by the property owner.
C.
The tap-in notice shall be presumed to have reached
the owner of the property if the same is mailed by United States Mail,
postage prepaid, to the owner's last address or on the address shown
on the tax records of the Westmoreland County Tax Assessment Office
and is not returned. In the event that said notice is returned because
of insufficient address, the tap-in notice shall be posted on the
property in a conspicuous place by a competent adult. The affidavit
of posting shall be sufficient proof of actual posting of the tap-in
notice. At least 60 days before the date provided in the notice by
which connection shall be made, the tap-in notice shall be served
personally upon the owner in the manner provided under the Rules of
Civil Procedure for service of process in equity proceedings; mailed
as set forth above; or posted as set forth herein. The tap-in notice
may be issued and reissued as necessary to accomplish the notice as
required herein.
D.
No person shall connect to the municipal water system
without first having obtained a written permit from the Municipal
Authority of Westmoreland County setting forth conditions under which
such connection shall be made and authorizing the construction of
the connection. Application to the Municipal Authority of Westmoreland
County shall be made upon a permit form to be prepared and supplied
by said Authority.
E.
A separate permit shall be required for each physical
connection to the municipal water system.
F.
Any person commencing work on the construction of
a connection to the municipal water system without first having obtained
a permit from the Municipal Authority of Westmoreland County authorizing
said connection shall be in violation of the terms hereof.
G.
As and to the extent determined by the Municipal Authority
of Westmoreland County from time to time, said Authority shall inspect
the waterline connection from the building or structure being served
to the waterline where connection is made. The Municipal Authority
of Westmoreland County shall establish standards, practices and procedures
relating to any such inspections.
H.
If any owner shall neglect or refuse to comply with
the provisions of this article or the written notice set forth herein,
the Township and/or the Municipal Authority of Westmoreland County,
if legally authorized to do so, may perform or cause to be performed
such work and labor, and furnish or cause to be furnished such material
as may be necessary to comply with the provisions hereof at the cost
and expense of such owner or owners, together with 10% additional
thereof and all charges and expenses incidental thereto, which sum
shall be collected from said owner or owners for the use of the Township
and/or said Authority, as debts are by law collectible, or the Township
and/or said Authority may file an appropriate municipal claim or lien
therefor against said premises as provided by law. Interest on the
total of any unpaid charges assessed hereunder shall be charged at
the rate of 10% per annum.
I.
The maintenance of the connecting waterline shall
be the sole responsibility of the property owner.
J.
The mandatory connection provisions of this section
are subject to those exemptions or exceptions for industries and farms
utilizing their own supply of water for uses other than human consumption
as the same are set forth in Section 2603 of the Second Class Township
Code, 53 P.S. § 67603.
[Added 8-23-2010 by Ord. No. 2010-04]
The Municipal Authority of Westmoreland County is designated
by the Hempfield Township Board of Supervisors as the sole agency
for the administration and enforcement of the provisions of this article.
All persons violating any of the provisions
of this article shall be subject to a fine or penalty of not less
than $100 nor more than $500 or such other amount as shall be stipulated
therein for each offense, to be collected as fines or penalties are
recoverable by law; and whenever such person shall have been notified
by the Township and/or the Municipal Authority of Westmoreland County
or by service of a summons in prosecution, or in any other way, that
a violation exists of this article, each day that the violation shall
continue shall constitute a separate offense punishable by a like
fine or penalty.
