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Buckingham Township

Township Office
4613 Hughesian Drive
P.O. Box 413
Buckingham, PA 18912

Phone : (215) 794-8834
Fax : (215) 794-8837
contact@buckinghampa.org

Hours: Mon-Fri, 7:30 AM-4:00 PM

Police Department

Emergency:  9-1-1

Non-Emergency Police Dispatch
(215) 348-7400 

Police Department: (215) 794-8813
Fax: (215) 794-9081 
police@buckinghampa.org -
(Not to be used for immediate police response) 

Hours: Mon-Fri, 7:30 AM-4:00 PM

Building & Codes Department

Phone : (215) 794-8836
Hours: Mon-Fri, 7:30 AM-4:00 PM

Water & Wastewater Department

Emergency : (215) 794-8854

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Proposed Ordinance 2018-02

AN ORDINANCE OF THE TOWNSHIP OF BUCKINGHAM,

BUCKS COUNTY, PENNSYLVANIA, ESTABLISHING Mandatory Water Connection AND USE, AND setting penalties for violation thereof.”, to be considered by the Board of Supervisors during their 3/28/18 business meeting which starts at 7:30 p.m.

 

PUBLIC NOTICE

 

            NOTICE IS HEREBY GIVEN that the Board of Supervisors of Buckingham Township, Bucks County, Pennsylvania, will hold a public hearing to consider the adoption of an ordinance, set forth in full below, being Ordinance No. 2018-02, concerning mandatory water connection and use. The Board of Supervisors of Buckingham Township will consider the adoption of the proposed ordinance at its regularly scheduled meeting on Wednesday, March 28th, 2018, at the Township Building, York Road and Route 413 (4613 Hughesian Drive), Buckingham, Pennsylvania at 8:00 p.m. The public is hereby put on notice that the Board of Supervisors intends to consider enactment of the proposed ordinance at the March 28th, 2018 meeting. The proposed ordinance may be examined: on the Buckingham Township Website: http://www.buckinghampa.org; during regular business hours at the Township Building without charge, or copies may be obtained for the cost of preparation. The full text of the proposed ordinance is set forth as follows: 

 

ORDINANCE NO. 2018-2

 

AN ORDINANCE OF THE TOWNSHIP OF BUCKINGHAM,

BUCKS COUNTY, PENNSYLVANIA, ESTABLISHINGMandatory Water Connection AND USE, AND setting penalties for violation thereof.

 

            WHEREAS, the township of Buckingham is a municipal township of the second class; and

            WHEREAS, the General Assembly of the Commonwealth of Pennsylvania reenacted and amended the Second-Class Township Code by P.L. 350, No. 60, on November 9, 1995, effective May 7, 1996 (hereinafter called “code”); and

            WHEREAS, Section 2603 of said code, (53 P.S. § 67603, Amended 2008, July 4, P.L. 284, No. 34, § 2, effective Sept. 2, 2008) provides that the Board of Supervisors may by ordinance require that abutting property owners of a municipal water system connect with and use the system; and

WHEREAS, the Board of Supervisors has determined that mandatory connection to the municipal water supply promotes public health, safety and welfare; and

WHEREAS, The Board of Supervisors has also determined that it is in the best interest of owners of properties abutting public water facilities to connect to such facilities, thereby eliminating the risk of undetected contamination of private wells; and

 

WHEREAS, The Board of Supervisors has determined that it is in the best interest of all users of the public water supply system to have mandatory connections in order to equitably and economically apportion the cost of the public water supply among all of the owners of property abutting the system.

NOW, THEREFORE, BE IT ENACTED AND ORDAINEDby the Board of Supervisors of the Township of Buckingham, after public hearing, duly advertised and held, that:

1.         Mandatory connection; exemptions.Every owner of property abutting and accessible to facilities of a water system provided by Buckingham Township shall connect with and use the system in the following cases:

a.         If the property owner's principal building is located within one hundred fifty feet (150’) of a water system or any part or extension of the system except, a property owner shall not be required to connect to the water system pursuant to that subsection if all of the following conditions exist:

(i)      The water system or part or extension of the system that is within one hundred fifty feet of the principal building was in existence on September 2, 2008;

(ii)     The principal building has its own supply of water which is safe for human consumption; and

(iii)    Prior to September 2, 2008, the property owner was not required to connect to the existing system.

b.         If the property owner's principal building has no supply of water which is safe for human consumption.

c.         Those industries and farms which have their own supply of water for uses other than human consumption may continue to use their own water for that purpose but are required to use the township water system to provide water for human consumption.

2.         Rates, Fees and Charges.

a.         The Buckingham Board of Supervisors may impose and charge to property owners who desire to or are required to connect to the water system such fees as set by Resolution comprising a connection fee, a customer facilities fee, a tapping fee and other similar fees as enumerated under 53 Pa.C.S. § 5607(d)(24), as amended.

b.         Whenever a water system or any part or extension thereof owned by the township has been constructed by the township at the expense of a private person, corporation or state or federal government agency or has been constructed by a private person, corporation or state or federal government agency under the supervision of the township at the expense of the private person, corporation or state or federal government agency, the Board of Supervisors shall have the right to charge a tapping fee, including a reimbursement component, and refund said reimbursement component to the person, corporation or state or federal government agency  who has paid for the construction of said water system or any part or extension thereof. Provided, however, that such private person, corporation or state or federal government agency may elect as to any property owner or class of property owners not to be paid the reimbursement component, in which case the reimbursement component shall not be charged to such property owner or class of property owners.

c.         If all or part of the cost of the water system or any part or extension thereof is assessed against the properties benefited, improved or accommodated by the water system, the Board of Supervisors may by Resolution authorize the payment of the assessment in equal annual or more frequent installments. The Resolution shall specify the length of time over which the installments may be extended and whether payments are to be made by annual or more frequent installments.  Installments shall bear interest at a rate not to exceed six percent or a higher amount equal to the amount of interest on the indebtedness, if any, commencing at the time established by Resolution.  If bonds have been issued and sold to provide for the payment of any water system improvement, the assessments shall not be payable beyond the term for which the bonds are issued, and the expenses for the improvements and interest thereon to the first day when interest is payable on the bonds shall be taken as the cost of the improvement to be assessed on the property benefited.

            3.         Construction Specifications.

a.         The construction of all service lines, meters, valves and necessary appurtenances and their connections with any lines of the Township’s water system shall be done in accordance with the “Buckingham Township Water and Wastewater Standards” as established by the Township by Resolution # 2008 adopted by the on April 25, 2007. The Township shall have the right of access at all reasonable times to all parts of any premises connected with the water system to examine and inspect the connections thereto and the plumbing fixtures and appliances and use thereof and to compel the discontinuance of any improper connection, installation, maintenance, or use. The Township may impose reasonable charges for such inspections to users of the water system.

b.         The Township has the right to change or amend, from time to time, the “Buckingham Township Water and Wastewater Standards”. Such changes and/or amendments may be accomplished by Resolution of the Township.

                        4.         Failure to Connect.

a.         If any property owner required under Paragraph 1 hereof to connect with and use the water system fails to do so within ninety (90) days after notice to do so has been served by the Board of Supervisors, the Board of Supervisors or their agents may enter the property and construct the connection. In such case, the Board of Supervisors shall send an itemized bill of the cost of construction of connection to the owner of the property to which connection has been made, which bill is payable immediately, or the Board of Supervisors may authorize the payment of the cost of construction of connections in equal installments in accordance with 53 P.S. § 68303. If any charge or authorized installment is not timely made, the same shall be recoverable by the Township Solicitor as other debts due the Township are by law recoverable.

5.         Violations and Penalties. Any person who violates or permits a violation of this Ordinance shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $50 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense

6.         Severability.  If any sentence, clause, section, or part of this Ordinance No. 2015-1 is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Ordinance.  It is hereby declared as the intent of the Buckingham Board of Supervisors that this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

7.         Repeals. All Ordinances or parts of Ordinances, Resolutions, and Rules and Regulations inconsistent herewith are hereby repealed.

8.         Effective Date.  This Ordinance shall become effective five (5) days after enactment.

 

ENACTED AND ORDAINED this ______ day of _________, 2018.

 

BOARD OF SUPERVISORS

BUCKINGHAM TOWNSHIP

Maggie Rash, Chairman

Paul Calderaio

Jon Forest

 

Craig A. Smith, Esquire                                 

Smith and Porter, P.C.                                   

Solicitor                                                          

301 South State Street                                   

Newtown, PA 18940

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