[HISTORY: Adopted by the Board of Supervisors of the Township
of Unity as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-27-2004 by Ord. No. O-10-04]
This article is adopted to establish a tap to newly installed
municipal water facilities; to authorize the utilization of the services
of the Municipal Authority of Westmoreland County, Latrobe Municipal
Authority, or Youngstown Municipal Authority to construct and operate
municipal water systems, to require and to establish penalties for
the violations of any provisions hereof.
As used in this article, the following terms shall have the
meanings indicated:
The municipal authority providing water service to a particular
property, including the Municipal Authority of Westmoreland County,
Latrobe Municipal Authority, or Youngstown Municipal Authority or
their successors and assigns.
An extension to a public water system of any appropriate
municipal authority to one or more properties.
The Board of Supervisors of Unity Township is hereby authorized
to contract with the Municipal Authority of Westmoreland County, Latrobe
Municipal Authority, or Youngstown Municipal Authority 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.Â
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.Â
Pursuant to a specific assignment of the rights and
claims of Unity Township to the Municipal Authority of Westmoreland
County, Latrobe Municipal Authority, or Youngstown Municipal Authority
for the purpose of allocating and collecting costs of construction
as those entities may be empowered to assess some under the Municipalities
Authorities Act of 2002, as the same may be amended from time to time.
A.Â
Where the Municipal Authority incurs debt with respect
to the construction of any waterline extension to the Municipal Water
System, 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. The appropriate municipal authority may 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 and actual connection shall be accomplished.
The owners of each premises shall connect to the waterline at their
own cost.
B.Â
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 or the date fixed under Subsection A for connection to the waterline whichever first occurs.
C.Â
The tap-in notice shall be presumed to have reached
the owner of the property if 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.Â
No person shall connect to a municipal water system
without first having obtained a written permit from the appropriate
municipal authority setting forth conditions under which such connection
shall be made and authorizing the construction of the connection.
Application to the appropriate municipal authority shall be made upon
a permit form to be prepared and supplied by said authority.
E.Â
A separate permit shall be required for each physical
connection to the municipal water system.
F.Â
Any person commencing work on the construction of a
connection to the municipal water system without first having obtained
a permit from the appropriate Municipal Authority authorizing said
connection shall be in violation of the terms hereof.
G.Â
As and to the extent determined by the appropriate
Municipal Authority from time to time, said appropriate municipal
authority shall inspect the waterline connection from the building
or structure being served to the waterline where connection is made.
H.Â
If any owner shall neglect or refuse to comply with
the provisions of this chapter or the written notice set forth herein,
the Township and/or the Municipal Authority of Westmoreland County,
Latrobe Municipal Authority, or Youngstown Municipal Authority, 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 appropriate municipal authority, as debts are by law collectible,
or the Township and/or said appropriate 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.Â
The maintenance of the connecting waterline shall be
the sole responsibility of the property owner.
J.Â
The mandatory connection provisions of this subsection
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.
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, Latrobe Municipal
Authority, or Youngstown Municipal Authority 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.
