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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY M. WHITE, WAUGH, D. WHITE AND EARLL, APRIL 1, 2009 |
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| REFERRED TO LOCAL GOVERNMENT, APRIL 1, 2009 |
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| AN ACT |
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1 | Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as |
2 | reenacted and amended, "An act concerning townships of the |
3 | second class; and amending, revising, consolidating and |
4 | changing the law relating thereto," in sanitary sewers, |
5 | further providing for sanitary sewer connections. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 2502(a) of the act of May 1, 1933 |
9 | (P.L.103, No.69), known as The Second Class Township Code, |
10 | reenacted and amended November 9, 1995 (P.L.350, No.60), is |
11 | amended and the section is amended by adding a subsection to |
12 | read: |
13 | Section 2502. Sanitary Sewer Connections.--(a) [The] Except |
14 | as set forth in subsection (a.1), the board of supervisors may |
15 | by ordinance require adjoining and adjacent property owners to |
16 | connect with and use the sanitary sewer system, whether |
17 | constructed by the township or a municipality authority or a |
18 | joint sanitary sewer board. In the case of a sanitary sewer |
19 | system constructed by the township pursuant to either section |
20 | 2501 or 2516, the board of supervisors may impose and charge to |
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1 | property owners who desire to or are required to connect to the |
2 | township's sewer system a connection fee, a customer facilities |
3 | fee, a tapping fee and other similar fees, as enumerated and |
4 | defined by [clause (t) of subsection B of section 4 of the act |
5 | of May 2, 1945 (P.L.382, No.164), known as the "Municipality |
6 | Authorities Act of 1945,"] 53 Pa.C.S. § 5607(d)(24) (relating to |
7 | purposes and powers) as a condition of connection to a township- |
8 | owned sewer collection, treatment or disposal facility. If any |
9 | owner of property adjoining or adjacent to or whose principal |
10 | building is within one hundred and fifty feet from the sanitary |
11 | sewer fails to connect with and use the sanitary sewer for a |
12 | period of sixty days after notice to do so has been served by |
13 | the board of supervisors, either by personal service or by |
14 | registered mail, the board of supervisors or their agents may |
15 | enter the property and construct the connection. The board of |
16 | supervisors shall send an itemized bill of the cost of |
17 | construction to the owner of the property to which connection |
18 | has been made, which bill is payable immediately. If the owner |
19 | fails to pay the bill, the board of supervisors shall file a |
20 | municipal lien for the cost of the construction within six |
21 | months of the date of completion of the connection. |
22 | (a.1) (1) An owner of a dwelling unit used by a member of a |
23 | recognized religious sect may file an application with the board |
24 | of supervisors to be exempted from the requirement to make |
25 | connection with and use the sanitary sewer system as required |
26 | under subsection (a). |
27 | (2) The board of supervisors shall approve the application |
28 | for exemption if it is made in conformance with this subsection. |
29 | No application shall be approved unless the applicant |
30 | demonstrates to the satisfaction of the board of supervisors |
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1 | that an acceptable alternative means for sewage disposal exists. |
2 | (3) The application must state the manner the requirements |
3 | of subsection (a) conflict with the applicant's religious |
4 | beliefs and shall include an affidavit by the applicant stating |
5 | that: |
6 | (i) The applicant is a member of a recognized religious |
7 | sect. |
8 | (ii) The religious sect has established tenets or teachings |
9 | which conflict with the provisions of subsection (a). |
10 | (iii) The applicant adheres to the established tenets or |
11 | teachings of the sect. |
12 | (iv) The dwelling unit will be used solely as a residence |
13 | for the applicant or family member of the applicant. |
14 | * * * |
15 | Section 2. The provisions of 25 Pa. Code § 243.7 are |
16 | abrogated to the extent of any inconsistency with the amendment |
17 | of section 2502 of the act. |
18 | Section 3. This act shall take effect in 60 days. |
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