[Adopted 3-12-2002 by Ord. No. 1-2002]
This article is adopted in accordance with the powers granted to and inherent in the municipality by the Commonwealth of Pennsylvania.
This article shall be known as the "Mandatory Tap-In Ordinance, Upper Burrell."
The Municipality hereby approves, by reference, the rules and regulations and the schedule of rates and charges of the Municipal Authority of Allegheny Township ("Authority"), as all or any of same may be amended, revised and/or rescinded, from time to time, in the sole discretion and by the exercise of the exclusive power and control of the Authority and agrees that said rules and regulations and schedule of rates and charges shall be applicable to and controlling as to each property included in the project.
The Authority, with the full consent, approval and pledged cooperation of the municipality, has undertaken a sewer line expansion project known and designated as the Allegheny Township sewer line expansion (Markle, Watson Road, and Community Park Sewer Project). This project shall include installation of manholes and sewer pipes by the Authority, as part of said project, this within certain parts of those streets and roads, both public and private, and rights-of-way and easements, and which may provide sewage service to each property which abuts any such streets, roads, rights-of-way or easements.
The project hereby described and defined as being all parts of those certain streets and roads, both public and private and all parts of those named or unnamed rights-of-way or easements which are set forth in the drawings/plans prepared by KLH Engineers, Inc., the Authority's engineer, as well as all such parts of any streets, roads, rights-of-way or easements which may be included by later agreement at any future date between the Authority and the municipality.
A tap shall be deemed to be available to serve a structure located on a property within the project if such structure is either reasonably suitable for human occupancy, commercial or industrial use or is actually so occupied and/or used. The structure must be erected on a property which abuts, or is contiguous to, a street, road, right-of-way or easement in which a sewer line is installed, and the structure is, by the closest lineal measurement, within 150 feet of the sewer tap.
At any time that a sewer line has been constructed in such location as to be contiguous to or abutting a property within the project, as set forth in the Authority's plans/drawings, the owner of each such property ("owner") shall, upon notice from the Authority, be required to pay a tap-in fee to the Authority, which tap-in fee is established by the Authority in its schedule of rates and charges. The tap-in fee shall be subject to revision by the Authority, from time to time and in its sole discretion; provided that any such revision shall be applicable uniformly to all within the Authority's project area.
If any owner of a property, as same may be established, shall fail or refuse to timely pay any tap-in fee assessed by the Authority or timely pay any rates established by the Authority, the Authority shall have the absolute right, acting either for itself or as an agent for the municipality and without any further grant of authority by the municipality, to file a claim or lien against the property in order to secure payment by the owner of any such claim. This claim shall be entered in the Office of the Prothonotary of Westmoreland County at the same time and in the same form and be collected in the same manner as municipal claims are filed and collected. The municipality hereby confirms that the Authority also has and retains the exclusive right to proceed, in any other way that it shall see fit, to compel and secure payment of all tap-in fees and rates which are established by the Authority.
The municipality hereby irrevocably designates and appoints the Municipal Authority of Allegheny Township, on its behalf and to the fullest extent necessary and possible, to carry out all the intents, purposes and requirements of both this article and sewer line expansion of said Authority, all as same are applicable to the municipality, and to act, in all ways and in all manner, either in its own name, as the Municipal Authority of Allegheny Township, or on behalf of and in the name of the municipality, the Township of Upper Burrell, in the administration and enforcement of all terms and conditions of this article, the rules and regulations of the Authority and the schedule of rates and charges of the Authority, subject to amendment from time to time.
This article shall be in effect from its effective date, and neither it nor any of its terms and provisions shall be subject to termination, modification or amendment by the municipality, except with the express agreement of the Authority.
Any person, firm, corporation or other entity which fails to timely pay any tap-in fee established by the Authority within 60 days following receipt, by personal service or by certified mail, of notice to make any such payment or which fails to pay any rate, as defined and made part of a rate schedule of the Authority shall, upon being found legally responsible for any such failure by a Magisterial District Judge, in addition to being required to pay such tap-in fee or rate, shall be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution, all for the use of the Municipal Authority of Allegheny Township. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. It being further provided that each day's failure to so pay any tap-in fee, commencing with the first day following the initial sixty-day period or pay any rate, commencing with the 31st day following the billing date, shall constitute a separate offense and impose liability therefore as such.