[HISTORY: Adopted by the Board of Supervisors of Lower Frederick Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-5-1995 by Ord. No. 95-4]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- BUILDING MAIN
- Extension from water system of any structure to the lateral of a main.
- IMPROVED PROPERTY
- Any property within the Zieglerville - Gravel Pike area of Lower Frederick Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals.
- Any pipe or conduit constituting a part of the water system used or usable for water distribution purposes.
- Any person vested with ownership, company, association, society, trust, corporation, municipality, municipal authority or other group or entity.
- WATER SYSTEM
- All facilities for the transmission and distribution of water in the Zieglerville - Gravel Pike area of Lower Frederick Township.
- ZIEGLERVILLE - GRAVEL PIKE AREA
- That area of Lower Frederick Township affected by a plume of contamination which has adversely impacted the drinking water wells of residents and businesses in the area and which area is more particularly defined and delineated in an agreement between the Commonwealth of Pennsylvania, Department of Environmental Protection, and Lower Frederick Township, Pennsylvania, dated as amended.
The owner of any improved property abutting upon the water system shall connect such improved property with and shall use such water system in such manner as the Township of Lower Frederick may require, within 60 days after notice to such owner from the Township of Lower Frederick to make such connection; subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the Township of Lower Frederick. All improved properties currently within the DEP-designated area shall connect as soon as authorized by the Township.
The notice by the Township of Lower Frederick to make 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 thereof, 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 60 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 which can deliver water to the particular improved property. Such notice shall be given or served upon the owner in accordance with law. All improved properties currently within the DEP-designated area shall connect as soon as authorized by the Township.
No person shall uncover, connect with, make any opening into, use, alter or disturb, in any manner, any main or any part of the water system without first obtaining a permit in writing from the Township of Lower Frederick and making application for service to the Schwenksville Borough Authority and/or its successors or assignees.
No person shall make or shall cause to be made a connection of any improved property to a main until such person fulfills each of the following conditions:
Notify the Township of Lower Frederick and the Schwenksville Borough Authority of the desire and intention to connect such improved property to a main;
Give the Township of Lower Frederick and the Schwenksville Borough Authority at least 24 hours' notice before such connection will be made in order that the Township of Lower Frederick and the Schwenksville Borough Authority may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing.
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 Township of Lower Frederick and the Schwenksville Borough Authority, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by the Township of Lower Frederick and Schwenksville Borough Authority.
All connections to the Zieglerville area public water supply shall be subject to Resolution No. 93-14, passed by the Schwenksville Borough Authority on the 10th of February 1993. This resolution is entitled "Resolution Adopting Rules Governing Cross Connection and Back Flow Prevention in the Schwenksville Borough Authority System as Required by Safe Drinking Water Act of 1974 and as Required by the 1986 Amendments." It is attached as Exhibit A to this article and it is made a part thereof.
Editor's Note: Exhibit A is on file in the Township offices.
The Water Department of the Schwenksville Borough Authority shall have the right to inspect and approve all connections to the water system. All standards of the Schwenksville Borough Authority, in effect at the time of the connection, must be met by the party connecting to the system.
The installation of the water supply system in the Zieglerville - Gravel Pike area shall be accomplished in two phases. In Phase I all existing structures required to initially connect to the system shall be provided with a building main free of fees and costs. Phase II shall commence immediately following the conclusion of Phase I and, in Phase II, 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 the Township of Lower Frederick and the Schwenksville Borough 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 or of connection of a building main to a main. A building main shall be connected to a main at the place designated by the Township of Lower Frederick and the Schwenksville Borough 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.
If the owner of any improved property located within the Township of Lower Frederick and abutting the water system, subject to the exception provided for in § 163-2A, after 60 days' notice from the Township of Lower Frederick, in accordance with § 163-2A, shall fail to connect such improved property, the Township of Lower Frederick may construct such connection and collect from such owner the costs and expenses thereof in any manner permitted by law.
Any person who violates or permits a violation of this article shall, upon conviction 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 punishable by a fine of not 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 30 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.