[HISTORY: Adopted by the Board of Supervisors of the Township of
West Goshen 2-14-2001 by Ord. No. 3-2001.
Amendments noted where applicable.]
A.
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
B.
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
C.
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
D.
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
E.
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;
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:
Commercial agricultural activities, including, but not limited to,
irrigation of crops, watering of livestock and food production, processing
or packaging.
An extension from the water supply system of any structure to the
lateral of a main.
Any property upon which there is erected a structure intended for
continuous or periodic habitation, occupancy or use by human beings or animals.
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.
The part of the public water line from the water system to the curbline
or property line if there is no curbline.
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.
A use that does not result in internal or external contact with humans
or animals and is not used for agricultural purposes.
Any person vested with ownership, legal or equitable, sole or partial,
of any improved property served directly or indirectly by the water system.
The Pennsylvania Department of Environmental Protection, or any successor
thereto, including its authorized representatives.
Any individual, partnership, company, association, firm, society,
trust, corporation, municipality, municipal authority or other group or entity.
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.
All facilities for the transmission and distribution of public water.
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.
A.
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.
B.
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.
C.
Industrial establishment. Any industrial establishment
which has its own supply of water for nonpotable uses may use its own supply
for such nonpotable uses.
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.
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.
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.
A.
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.
B.
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.
C.
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.
