[HISTORY: Adopted by the Board of Supervisors of the Township of Palmer 11-29-1977 as Ord. No. 169. Amendments noted where applicable.]
This ordinance may be known and cited as the "Palmer Township Water Supply Ordinance." The name of the water system established hereunder shall be the "Palmer Township Municipal Water System."
There is hereby created and established a municipal water supply system for Palmer Township, Northampton County, Pennsylvania (hereinafter called the "Township"). Said system shall have the exclusive authorization to serve the northern area of the Township, bounded on the south by the Shoeneck Creek, on the west by the Township line, on the east by the Township line and on the north by the southerly boundary line of the Borough of Tatamy and the direct westerly extension of said line to the west Township line. The said water system may also serve portions of the Township beyond the limits set above, if such portions are unserved by any other public water supply system.
The Township Board of Supervisors may contract with the Blue Mountain Consolidated Water Company or any other company for the supply of water into said water supply system upon such reasonable terms and conditions as it shall deem proper. If necessary, wells may also be dug to provide or supplement said supply of water.
The Township Board of Supervisors may contract for engineering, legal work and construction services and materials to obtain, place and construct such waterlines, pipes, wells, pumps, valves, meters, hydrants, storage tanks and other facilities as may be necessary initially and from time to time to establish, operate, maintain, extend and protect said water supply system.
In any one year, the Township Board of Supervisors may appropriate not more than two mills on the dollar of the existing real property tax for the purpose of creating and maintaining a revolving fund to be used in financing the physical construction of the water system as outlined in § 184-4 of this ordinance. Such revolving fund may also be begun by the issuance of a general obligation bond in the nature of a note of said Township.
The said Board of Supervisors shall, by resolution, establish a uniform system of water rental use rates which shall be paid when due by all persons or other entities making use of and drawing water from said water system. A penalty of 5% shall be charged upon all bills for water use which are unpaid for 30 or more days, and, after notice, the water supply may be shut off to all premises for which municipal water bills are more than a total of 60 days delinquent. In addition, municipal liens may be filed for unpaid bills.
All property owners abutting said water supply system shall, within 90 days after notice by personal service or registered or certified mail from the Township Board of Supervisors, connect with and use said system, except those industries and farms not using water for human consumption which are exempt by law from such connection. In case any owner shall, after due notice, refuse or fail to connect to such system within said ninety-day period, such owner shall be in violation of this ordinance, and in addition, the Township Board of Supervisors, through its agents, may enter upon said property and construct said connection and send an itemized bill, which shall be payable forthwith with interest, to such property owners. In addition, a municipal lien may be duly filed for such construction costs and collected as provided by law.
The Township Supervisors may appoint such new or existing Township personnel and adopt such forms and procedures as may be necessary to carry out the intent of this ordinance.
[Amended 10-25-1988 by Ord. No. 227]
Any person, partnership, corporation, trust or other entity who or which shall in any way directly or indirectly violate or fail to comply with the terms of this ordinance, or convert water from said system without paying therefor, or tamper with or abuse or deface any part of the system without right or duty, shall, upon conviction in a summary proceeding before any District Magistrate, Alderman or Justice of the Peace, be sentenced to a fine of not less than $10 nor more than $600 or shall be committed to the Northampton County Prison for not more than 30 days as provided by law.
Each day of violation of the particular code or ordinance applicable shall be considered a separate offense, for which the fines and penalties stated herein may be imposed on a daily basis.
The provisions of this ordinance are severable, and, in the event that any part, section or provision of this ordinance is found by any court of record to be invalid, illegal or unconstitutional, the remaining provisions of this ordinance shall continue in full force and effect, it being the express intent of the Palmer Township Board of Supervisors to have enacted this ordinance without such invalid, illegal or unconstitutional provision.