Township of West Goshen, PA: Public Water Supply

§ 64-1 Purpose.

Whereas, the Second Class Township Code, 53 P.S. § 67603, provides that the Board of Supervisors may by ordinance require that abutting property owners of a water system connect with and use the system; and

Whereas, the Pennsylvania Department of Environmental Protection (PADEP) has identified the groundwater in the Southwest Industrial Area of the township as contaminated and unsuitable for the purposes of human consumption; and

Whereas, ICI Americas, Inc. (ICI) in cooperation with PADEP is conducting ongoing monitoring and testing of soil and groundwater conditions in the Southwest Industrial Area of the township; and

Whereas, Philadelphia Suburban Water Company has been granted the franchise rights to supply public water to the Southwest Industrial Area of the township from the Pennsylvania Public Utilities Commission (PUC); and

Whereas, the Board of Supervisors of West Goshen Township believes that it is in the interest of the health, safety and welfare of the citizens of the southwestern industrial area that they be connected to a supply of public water for human consumption;

Now, therefore, be it enacted and ordained by the Board of Supervisors of West Goshen Township that new Chapter 64, entitled "Public Water Supply," consisting of §§ 64-1 through 64-7 of the West Goshen Code are added and enacted, and shall read as follows.

§ 64-2 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings hereinafter ascribed to them, except when the context clearly indicates a different meaning:

AGRICULTURAL PURPOSES

Commercial agricultural activities, including, but not limited to, irrigation of crops, watering of livestock and food production, processing or packaging.

BUILDING MAIN

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

IMPROVED PROPERTY

Any property 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 used or intended for use, in whole or in part, for the manufacturing, fabricating, processing, cleaning, laundering or assembly of any product, commodity or article.

LATERAL

The part of the public water line from the water system to the curbline or property line if there is no curbline.

MAIN

Any pipe or conduit constituting a part of the public water supply used or usable for water distribution purposes and which is not a lateral.

NONPOTABLE USE

A use that does not result in internal or external contact with humans or animals and is not used for agricultural purposes.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any improved property served directly or indirectly by the water system.

PADEP

The Pennsylvania Department of Environmental Protection, or any successor thereto, including its authorized representatives.

PERSON

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

PHILADELPHIA SUBURBAN WATER COMPANY

A supplier and purveyor of public water which has received franchise rights from the Pennsylvania Public Utilities Commission to supply water to all improved property in the Southwest Industrial Area of the township, including its authorized representatives, successors and assigns.

PUBLIC WATER SUPPLY

All facilities for the transmission and distribution of public water.

SOUTHWEST INDUSTRIAL AREA

All that area identified on the attached map and list of properties, which are incorporated herein by reference and marked as Exhibit A and Exhibit B respectively.[1]

STRUCTURE

Any man-made object having an ascertainable stationary location on land or water, whether or not it is affixed to the land.

[1]

Editor's Note: Exhibits A and B are located at the end of this chapter.

§ 64-3 Use of public water supply required.

Improved property. The owner of any improved property in the Southwest Industrial Area shall connect such property with and shall use the public water supply, within 90 days after receipt of notice from the township to such owner.

Future improved property. After the effective date of this chapter, no building permit shall be issued to any person applying to construct a new or expanded structure in the Southwest Industrial Area unless the owner has connected or has secured a permit to connect to the public water supply.

Industrial establishment. Any industrial establishment which has its own supply of water for nonpotable uses may use its own supply for such nonpotable uses.

§ 64-4 Permits.

Any persons desiring to be connected to the public water system shall obtain a permit from the Township Secretary. The applicant shall also make application to the Philadelphia Suburban Water Company.

§ 64-5 Building mains.

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 written permission of the township and the Philadelphia Suburban Water Company has been secured, subject to such rules, regulations and conditions as may be prescribed by the township and the Philadelphia Suburban Water Company. A building main shall be connected to a main at the place designated by Philadelphia Suburban Water Company and where the lateral is provided.

§ 64-6 Liability of township.

The township shall not be liable for any deficiency or failure of service when occasioned by any emergency, required repairs or failure from any cause beyond its control. The township reserves the right to restrict the use of the public water supply whenever the public welfare so requires. In consideration of the right to connect to the public water supply, the township shall not be liable for any damage or expense resulting form leaks, stoppages or defective plumbing or from any other cause occurring to any premises or within any building; and it is hereby expressly agreed by all persons making connection with the public water supply that no claims shall be made against the township on account of the breaking or stoppage of, or any damage or expense to, any house water system.

§ 64-7 Violations and penalties.

Any person who violates or permits the violation of any provision of this chapter shall, upon conviction thereof, 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 subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. Each section or provision of this chapter that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violation shall be punishable by a separate fine imposed by the District Justice of not less than $100 nor more than $1,000, plus the cost of prosecution, or upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. All fines and penalties collected for the violation of this chapter shall be paid to the Township Treasurer.

Fines and cost imposed under the provisions of this chapter shall be enforceable and recoverable in the manner and at the time provided by applicable law.

Each improved property, as hereinbefore defined, whether or not the owners thereof shall be permitted to connect two or more units through a single common connection to a lateral of the public water system or shall be required to make separate connection for each improved property or unit, shall constitute a separate and distinct unit under the provisions of this chapter, and the persons owning improved property, consisting of multiple units contained in the same structure, who violate any provisions of this chapter, shall be subject to the aforesaid fine for each and every one of the improved properties or units which are in violation of the provisions of this chapter.