[HISTORY: Adopted by the Borough Council of the Borough of Greencastle as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-4-1994 by Ord. No. 1994-2 (Ch. 26, Part 1, of the 1985 Code)]
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
- Greencastle Area, Franklin County, Water Authority, a municipality authority of the Commonwealth.
- The Borough of Greencastle, Franklin County, Pennsylvania, a municipal corporation of the Commonwealth acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.
- BUILDING MAIN
- The extension from the water system of any structure to the lateral of a main.
- The Commonwealth of Pennsylvania.
- IMPROVED PROPERTY
- Any property within this Borough upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals.
- That part of the water system extending from a main to the curbline 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.
- WATER SYSTEM
- All facilities, as of any particular time, for supply, transmission and distribution of water owned and operated by the Authority.
Improved property to be connected to water system.
The owner of any improved property abutting upon any street in which there is a main constituting part of the water system shall connect such improved property with such main and shall use such water system, in such manner as the Authority may require, within 45 days after notice to such owner from this Borough 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 this Borough or the Authority, from time to time.
Any person who causes or allows any structure on an improved property to connect with, remain connected with or otherwise use any private well or water system other than the water system of the Authority shall be deemed and shall be declared to be maintaining a nuisance, which nuisance this Borough shall abate in the manner provided by law.
The notice by this Borough or the Authority to make a connection to a main, referred to in Subsection A, above, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary 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 45 days after the date such notice is given or served. Such notice may be given or served at any time after the appropriate main or lateral is in place that can deliver water to the particular improved property. Such notice shall be given to or served upon the owner by personal service or by registered mail to his last known address, or by such other means as shall be permitted by law.
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, lateral or any other part of the water system without first obtaining a permit, in writing, from the Authority.
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.
No person shall make or shall cause to be made a connection of any improved property with a main until such person has fulfilled each of the following conditions:
Such person shall have notified the Authority of the desire and intention to connect such improved property to a main.
Such person shall have applied for and shall have obtained a permit as required by Subsection A, above.
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 may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing.
If applicable, such person shall have furnished satisfactory evidence to the appropriate representative of the Authority that any tapping, connection and/or 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 main has been paid.
Except as otherwise provided in this subsection, each improved property shall be connected separately and independently 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.
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 Borough 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.
A building main shall be connected to a lateral or to a main at the place designated by the Authority. A smooth, neat joint shall be made and the connection of a building main shall be made secure and watertight.
If the owner of any improved property located within the Borough and abutting upon any street in which there is a main constituting part of the water system, after 45 days' notice from this Borough, in accordance with § 197-2A, shall fail to connect such improved property, as required, this Borough 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.
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.
Every building main of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
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 the Authority and this Borough.
If any person shall fail or shall refuse, upon receipt of a notice of this Borough or the Authority, in writing, to remedy any unsatisfactory conditions with respect to a building main within 60 days of receipt of such notice, this Borough 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 Borough and of the Authority.
This Borough reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with the water system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this article.
Any person who shall violate this article 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 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.
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 Borough.
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 Borough.