[Ord. 01-2016, 1/4/2016]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms and phrases used in this Part shall be as follows:
The Upper Tioga River Regional Authority, a municipality
authority incorporated pursuant to provisions of the Municipality
Authorities Act, 53 Pa.C.S.A. Ch. 56, of the commonwealth.
The extension from the water system of any structure to the
lateral of a main.
The Commonwealth of Pennsylvania.
Any property within this Township upon which there is erected a structure capable of continuous or periodic habitation, occupancy, or use by human beings or animals, except those industries and farms which have their own supply of water for uses other than human consumption to the extent described in § 26-902, Subsection 1, hereof.
That part of the water system extending from a main to the
curbline or, if there shall be no curbline, to the property line,
or, if no such lateral shall be provided, then "lateral" shall mean
that portion of, or place in, a main which is provided for connection
of any building main.
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, municipality authority, or other
group or entity.
The Township of Richmond, Tioga County, Pennsylvania, a political
subdivision of the commonwealth, acting by and through its Board of
Supervisors or, in appropriate cases, acting by and through its authorized
representatives.
All facilities, as of any particular time, for supply, transmission,
and distribution of water, owned by the Authority.
[Ord. 01-2016, 1/4/2016]
1.
The owner of any improved property which is located in the Township,
is adjoining and adjacent to the water system of the Authority, or
whose principal building is within 150 feet of part of the water system
shall connect such improved property with such main via a lateral
and shall use such water system, in such manner as the Authority may
require, within 90 days after notice to such owner from the Township
and/or the Authority to make such connection; subject, however, to
such limitations and restrictions as shall be established herein or
otherwise shall be established by the Township or the Authority from
time to time. Connections shall be performed in accordance with the
requirements of Pennsylvania law, DEP regulations and Authority guidelines
and the Second Class Township Code.
2.
The notice by this Township or the Authority to make a connection to a main, referred to in Subsection 1, shall consist of a copy of this Part, including any amendments and supplements at the time in effect, or a summary hereof, and a written, printed document requiring the connection in accordance with the provisions of this Part and specifying that such connection shall be made within the guidelines set forth in the Township Code and the Municipality Authorities Act.
[Ord. 01-2016, 1/4/2016]
1.
No person shall uncover, shall connect with, shall make any opening
into or shall use, shall alter, or shall disturb, in any manner, any
lateral or any other part of the water system without first obtaining
a permit, in writing, from the Authority.
2.
Application for a permit required under Subsection 1 shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
3.
No person shall make or shall cause to be made a connection of any
improved property with a lateral until such person shall meet each
of the following conditions:
A.
Such person shall have notified the Authority of the desire and intention
to connect such improved property to a lateral;
C.
Such person shall have given the appropriate representative of the
Authority at least 48 hours' notice of the time when such connection
will be made so that the Authority or this Township may supervise
and inspect or may cause to be supervised and inspected the work of
connection and necessary testing; and
D.
If applicable, such person shall have furnished satisfactory evidence
to the appropriate representative of the Authority that any tapping,
connection, and customer facility fee that may be charged and imposed
by the Authority against the owner of each improved property who connects
such improved property to a lateral has been paid.
4.
Except as otherwise provided in this Subsection 4, each improved property shall be connected separately and independently with a lateral 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 and this Township.
5.
All costs and expenses of construction of a building main and all
costs and expenses of connection of a building main to a lateral shall
be borne by the owner of the improved property to be connected; and
such owner shall indemnify and shall save harmless this Township and
the Authority from all loss or damage that may be occasioned, directly
or indirectly, as a result of construction of building main or of
connection of a building main to a lateral.
6.
A building main shall be connected to a lateral at the place designated
by the Authority. A smooth, neat joint shall be made, and the connection
of a building main to the lateral shall be made secure and watertight.
7.
If the owner of any improved property located within this Township and abutting upon any street in which there is a main constituting part of the water system, after 90 days' notice from this Township and/or Authority, in accordance with § 26-902, Subsection 1, shall fail to connect such improved property, as required, this Township and/or Authority may enter upon such improved property and may construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law.
8.
The Authority is authorized to impose connection fees and tap-in
fees and recover costs as pursuant to ordinance, resolution, Pennsylvania
law and the Municipality Authorities Act. All connection fees and
tap-in fees shall be calculated in accordance with those provisions
found in the Municipality Authorities Act.
[Ord. 01-2016, 1/4/2016]
1.
No building main shall be covered until it has been inspected and
approved 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 lateral.
2.
Every building main or any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
3.
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 the building main shall be restored,
at the cost and expense of the owner of such improved property being
connected, in a manner satisfactory to the Authority and this Township.
4.
If any person shall fail or shall refuse, upon receipt of notice
of this Township or the Authority, in writing, to remedy any unsatisfactory
condition with respect to a building main within 60 days of receipt
of such notice, this Township or the 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 this Township
and the Authority.
5.
This Township and the Authority reserve the right to adopt, from
time to time, additional rules and regulations as they shall deem
necessary and proper relating to connections with a lateral and with
the water system, which additional rules and regulations, to the extent
appropriate, shall be and shall be construed as part of this Part.
[Ord. 01-2016, 1/4/2016]
1.
Any person who shall violate this Part shall be liable, upon summary
conviction for a first offense and upon summary conviction for each
subsequent offense, to a fine of not more than $1,000, or the maximum
amount permitted by law, together with costs of prosecution in each
case. Each day that a violation shall continue shall be deemed and
shall be taken to be a separate offense and shall be punishable as
such.
2.
Fines and costs imposed under provisions of this Part shall be enforceable
and recoverable in the manner at the time provided by applicable law
and shall be payable to this Township and/or the Authority.
[Ord. 01-2016, 1/4/2016]
It is declared that enactment of this Part is necessary for
the protection, benefit, and preservation of the health, safety, and
welfare of inhabitants of this Township.
