[HISTORY: Adopted by the Board of Supervisors of the Township
of Fallowfield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-25-1992 by Ord. No. 122]
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
The Authority of the Borough of Charleroi, a body corporate
and politic organized under the Municipality Authorities Act of 1945[1] for the purpose of providing, inter alia, a potable water
supply to the communities it services.
Extension from the water system of any structure to the lateral
of a main.
Any property within Fallowfield Township upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals.
[Amended 3-28-2012 by Ord. No. 205]
Any improved property located within the Fallowfield Township
and used or intended for use, wholly or in part, for the manufacturing,
processing, cleaning, laundering or assembling of any product, commodity
or article.
[Amended 3-28-2012 by Ord. No. 205]
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority or other group
or entity.
All facilities, as of any particular time, for production,
transmission, storage and distribution of water in the Township of
Fallowfield, owned by the Authority for the use and benefit of property
situate in the Township of Fallowfield.
[1]
Editor's Note: Said Act was repealed 6-19-2001 by Act 22 of
2001. See now Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq.
[Amended 3-28-2012 by Ord. No. 205]
A.
All connections to the public water system shall be in accordance
with the Second Class Township Code, (53 P.S. § 65101 et
seq.), and any amendments thereto, and any other applicable laws and
regulations, and any amendments thereto.
B.
The owner of any improved property that has its principal building
located within 150 feet of the public water system or any part or
extension of the system, or any improved property where the principal
building has no supply of water that is safe for human consumption,
shall connect such improved property with and shall use such public
water system in such manner as Fallowfield Township may require, within
90 days after notice to such owner from the Township to make such
connection; subject to such limitations and restrictions as shall
be established herein or otherwise shall be established by the Township.
C.
The owner of any improved property which shall constitute an industrial
establishment or a farm that has its own supply of water for uses
other than human consumption may continue to use its own water for
that purpose, but is required to use the Township water system to
provide water for human consumption.
D.
The notice by Fallowfield Township to make connection referred to in Subsection A above shall consist of a copy of the applicable ordinance(s), including any amendments and/or supplements at the time in effect, or a summary of each section thereof, and a written or printed document requiring the connection in accordance with the provisions of the applicable ordinance(s) and specifying that such connection shall be made within 90 days after the date such notice is given or served. Such notice may be given or served at any time after a main is in place which can deliver water to the particular improved property. Such notice shall be given or served upon the owner in accordance with law.
A.
No person shall uncover, connect with, make any opening into, use,
alter or disturb, in any manner, any main or any part of the water
system without first obtaining a permit in writing from the Township
of Fallowfield.
C.
No person shall make or shall cause to be made a connection of any
improved property to a main unless the building main conforms to the
regulations promulgated by the Authority, and until such person fulfills
each of the following conditions:
(1)
Notify the Township of Fallowfield of the desire and intention to
connect such improved property to a main;
(3)
Give the Township of Fallowfield at least 24 hours' notice before
such connection will be made in order that the Authority may supervise
and inspect or may cause to be supervised and inspected the work of
connection and necessary testing; and
(4)
If applicable, furnish satisfactory evidence to the Township of Fallowfield
of payment of any tapping (or connection) fee which may be charged
and imposed by the Authority against the owner of each improved property
who connects such property to a main.
D.
Except as otherwise provided in this Subsection D, each improved property shall be connected separately and independently with a main through a building main. Grouping of more than one improved property on one building main shall not be permitted, except under special circumstances and for good cause shown, but then only after special permission of the Authority, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by the Authority.
E.
All costs and expenses of construction of a building main and all
costs and expenses of connection of a building main to a main shall
be borne by the owner of the improved property to be connected; and
such owner shall indemnify and shall save harmless the Township of
Fallowfield and the Authority from all loss or damage that may be
occasioned directly or indirectly, as a result of construction of
a building main or of connection of a building main to a main.
F.
A building main shall be connected to a main at the place designated
by the Authority and where, if applicable, the lateral is provided.
A smooth, neat joint shall be made and the connection of a building
main to the lateral shall be made secure and watertight.
G.
Unless subject to any exception, if the owner of any improved property
shall, after 90 days' notice, fail to connect such improved property,
the Township/Authority may construct such connection and collect from
such owner, after providing an itemized bill, the costs and expenses
thereof in any manner permitted by law.
[Amended 3-28-2012 by Ord. No. 205]
A.
No building main shall be covered until it has been inspected by
the Authority. If any part of a building main is covered before so
being inspected and approved, it shall be uncovered for inspection,
at the cost and expense of the owner of the improved property to be
connected to a main.
B.
Every building main of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
C.
Every excavation for a building main shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Any street, sidewalk or other public property disturbed in
the course of installation of a building main shall be restored, at
the cost and expense of the owner of the improved property being connected
in a manner satisfactory to the Township of Fallowfield.
D.
If any person shall fail or shall refuse, upon receipt of a notice
in writing by the Township or Authority, to remedy any unsatisfactory
condition with respect to a building main within 90 days of receipt
of such notice, the Township or Authority may refuse to permit such
person to be served by the water system until such unsatisfactory
condition shall have been remedied to the satisfaction of the Township
or Authority.
[Amended 3-28-2012 by Ord. No. 205]
E.
The Township of Fallowfield and Authority reserve the right to adopt,
from time to time, additional rules and regulations they shall deem
necessary and proper relating to connections with a main and with
the water system, which additional rules and regulations, to the extent
appropriate, shall be and shall be construed as part of this article.[1]
[1]
Editor's Note: Original Section 5, Appeals; hardships, which
immediately followed this section, was repealed 3-28-2012 by Ord.
No. 205.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not 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.
