Township of East Cocalico, PA Chapter 214 Water

[HISTORY: Adopted by the Board of Supervisors of the Township of East Cocalico as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Municipal authority — See Ch. 4.

Uniform construction codes — See Ch. 84.

Sewers — See Ch. 172.

Stormwater management — See Ch. 185.

Subdivision and land development — See Ch. 194.

Zoning — See Ch. 220.

Article I Water Connections

[Adopted 6-19-1985 by Ord. No. 1985-07]

§ 214-1 Definitions.

Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:

AUTHORITY

The East Cocalico Township Authority, a municipality authority of the commonwealth.

BUILDING MAIN

The extension from the water system of any structure to the lateral of a main.

COMMONWEALTH

The Commonwealth of Pennsylvania.

IMPROVED PROPERTY

Any property within this Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals.

INDUSTRIAL ESTABLISHMENT

Any improved property located within this 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.

LATERAL

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.

MAIN

Any pipe or conduit constituting a part of the water system used or usable for water distribution purposes.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any improved property.

PERSON

Any individual, partnership, company, association, society, trust, corporation, municipality, municipality authority or other group or entity.

TOWNSHIP

The Township of East Cocalico, Lancaster County, Pennsylvania, a municipal subdivision of the commonwealth, acting by and through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.

WATER SYSTEM

All facilities, as of any particular time, for production, transmission, storage and distribution of water in, to and for this Township and owned by the Authority.

§ 214-2 Use of public water system required.

A. Conditions for mandatory connection.

[Amended 6-3-1998 by Ord. No. 1998-04; 10-15-2008 by Ord. No. 2008-05]

(1) The owner of any improved property shall connect with and use the water system in either of the following cases:

(a) If, except as provided in the following Subsection A(2), the property owner’s principal building is located within 150 feet of the water system or any part or extension of the system; or

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

(2) A property owner who, after the effective date of this section, is subject to mandatory connection pursuant to the above-noted Subsection A(1), shall not be required to connect to the water system pursuant to that subsection, if all of the following conditions exist:

(a) The water system, or part or extension of the system that is within 150 feet of the principal building was in existence on the effective date of this section;

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

(c) Prior to the effective date of this section, the property owner was not required to connect to the existing system.

(3) 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.

B. The notice by this Township to make a connection to a main, referred to in Subsection A, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this article 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 that can deliver water to the particular improved property. Such notice shall be given or served upon the owner by personal service or by registered or certified mail to his last known address.

C. Failure to comply.

[Added 6-3-1998 by Ord. No. 1998-04]

(1) If any owner of property abutting the water system fails to connect with and use the system within 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.

(2) 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.

§ 214-3 Building mains and connections.

A. No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any main or any part of the water system without first obtaining a permit, in writing, from the Authority.

B. Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.

C. No person shall make or shall cause to be made a connection of any improved property with a main until such person shall have fulfilled each of the following conditions:

(1) Such person shall have notified the Authority of the desire and intention to connect such improved property to a main;

(2) Such person shall have applied for and shall have obtained a permit as required by Subsection A;

(3) Such person shall have given the Authority at least 24 hours' notice of the time when such connection will be made so 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, such person shall have furnished satisfactory evidence to the Authority that any tapping and/or connection fee that may be charged and imposed by the Authority against the owner of each improved property who connects such improved property to a main has been paid.

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 rates, rules and regulations 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 this Township 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. If the owner of any improved property located within this Township and abutting upon the water system, subject, however to the exception provided for in § 214-2A, after 90 days' notice from this Township, in accordance with § 214-2A, shall fail to connect such improved property, as required, this Township 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.

§ 214-4 Regulations governing building mains and connections to mains.

A. No building main shall be covered until it has been inspected and approved by this Township. 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 and any connection (see § 214-3F) 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 such improved property being connected, in a manner satisfactory to this Township.

D. If any person shall fail or shall refuse, upon receipt of a 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 of the Authority.

E. This Township reserves the right to adopt, and grants to the Authority the right to adopt, from time to time, rates and additional rules and regulations as it shall deem necessary and proper relating to connections with a main and with the water system, which rates and additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this article.

§ 214-5 Violations and penalties.

A. 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 less than $100 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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Fines and costs imposed under provisions of this article shall be enforceable and recoverable in the manner at the time provided by applicable law and shall be payable to this Township.

§ 214-6 Declaration of purpose.

It is declared that enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Township.