[HISTORY: Adopted by the Board of Supervisors of the Township of Mount Joy as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-10-1987 by Ord. No. XCIV]
For the purpose of this article, the following terms shall have the meanings indicated:
- Elizabethtown Area Water Authority or any entity successor
thereto providing public water service within the Township.[Amended 3-18-2013 by Ord. No. 280-2013]
- The Board of Supervisors of Mount Joy Township, Lancaster County, Pennsylvania.
- A person or his authorized agent for whom subdivision or land development plans are being or have been made.
- LAND DEVELOPMENT
- A land development as that term is defined in Chapter 119, Subdivision and Land Development.[Amended 3-18-2013 by Ord. No. 280-2013]
- PUBLIC WATER SYSTEM
- All existing or proposed structures and appurtenances of a municipality or a Municipal Authority for the provision of water service, including but not limited to water mains, valves, hydrants, storage tanks and water supply and treatment facilities.
- A subdivision as that term is defined in Chapter 119, Subdivision and Land Development.[Amended 3-18-2013 by Ord. No. 280-2013]
- The Township of Mount Joy, Lancaster County, Pennsylvania.
- WATER DISTRIBUTION FACILITIES
- All structures and appurtenances for the provision of water service to two (2) or more lots or a land development, including but not necessarily limited to water mains, fire hydrants, valves, fittings, corporation stops, service lines, curb stops and other related accessories and appurtenances.
The Board may, as a condition to the approval of a land development or subdivision, or the issuance of a permit by the township's Zoning Officer to construct or erect any principal building in a subdivision or land development, require water distribution facilities to be planned, designed and constructed by a developer under the circumstances and in the manner hereinafter set forth.
A developer shall provide a subdivision or land development with complete water distribution facilities which shall be extended to and connected with (or installed in a manner suitable for connection with) the existing or proposed public water system at the expense of the developer and in accordance with the Authority's design and construction requirements in the following circumstances:
Where an adequate public water system is within three thousand (3,000) feet of the proposed subdivision or land development.
Where construction or development plans approved by the township and the Authority provide for the installation of an adequate public water system in the vicinity of the location of the proposed subdivision or land development and where, in the township's and Authority's opinion, it is practicable.
If § 131-3 of this article is inapplicable or if immediate connection to the public water system referred to in § 131-3 is not practicable, then in either such case, if the township and Authority are of the opinion that an adequate public water system will become available within a reasonable time, the developer shall be required to install water distribution facilities in accordance with the Authority's design and construction requirements, together with all necessary service lines extending from the water main to the street right-of-way line, and the termini of all such water mains and service lines shall be capped by the developer pending the availability of an adequate public water system to which they can be connected.
Whenever capped water distribution facilities are required by Subsection A of this section, the service line shall be so installed as to avoid placing house connections under any paved areas or driveways, and all the water mains and service lines shall be installed after initial grading, but before the streets shown on the subdivision or land development plan are constructed.
The Board and Authority, when determining whether or not the installation of water distribution facilities is practicable or whether or not an adequate public water system will become available within a reasonable time, shall consider all relevant factors, including the proximity of the subdivision or land development to an existing or proposed public water system, the existing and projected water supply needs in the township, the ability of any existing public water system to serve the subdivision or land development, the projected date for the construction of a proposed public water system and whether the installation can be effected without prohibitive expense or undue hardship. The Board and Authority may require a developer to submit additional information to determine the practicability of installing water distribution facilities in a subdivision or land development.
Security satisfactory to the Authority shall be furnished by the developer to guarantee completion of all improvements and installations required by this article.
The Authority shall appoint an engineer or engineering firm having experience and a favorable repute in the field of public water supply and distribution engineering, appropriately licensed by the Commonwealth of Pennsylvania, to review the design of and inspect the construction of all water distribution facilities to be constructed by the developer in order to give assurance that said water facilities will coordinate and have congruity with the existing or proposed public water system. After review of the design, said engineer or engineering firm will recommend the action to be taken by the Authority. The design of such water distribution facilities must be approved by the Authority prior to beginning the construction thereof.
The costs of engineering services which are rendered for the review of design and inspection of construction shall be paid by the developer in accordance with the Authority's rules and regulations. The costs for services shall be in accordance with said engineer's or said engineering firm's standard rates.
It shall be deemed a violation of this article for any developer to fail or refuse to extend a public water system or to fail or refuse to install water distribution facilities in a subdivision or land development in a manner which the Board shall direct pursuant to the terms of this article.
[Amended 12-18-1995 by Ord. No. CXLIV]
Any person, firm, association, partnership or corporation who or which shall violate any of the provisions of this article shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $600, plus costs of prosecution, and in default of payment of the fine and costs such person, the members of such partnership or the officers of such corporation shall be liable to imprisonment for not more than 30 days. Each day that such violation shall continue without being remedied shall constitute a separate offense.
In addition to the remedies provided in § 131-10 above, any continued violations of this article may be abated by proceeding against the violator in an action in equity for relief.
[Adopted 12-28-1988 by Ord. No. CIV]
As used in this article, the present tense includes the future; the singular number includes the plural, and the plural includes the singular. The masculine gender includes the feminine and the neuter.
Words and terms defined. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this article to have the meanings indicated as follows:
- Elizabethtown Area Water Authority or any entity successor
thereto providing public water service within the Township.[Amended 3-18-2013 by Ord. No. 280-2013]
- The Commonwealth of Pennsylvania.
- IMPROVED PROPERTY
- Any property within the township 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 there shall be no curbline, to the street right-of-way 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 service connection.
- 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, estate, corporation, municipality, municipal authority or other group or entity.
- SERVICE CONNECTION
- The extension from the water system of any structure to the lateral of a main.
- The Township of Mount Joy, Lancaster County, Pennsylvania, a municipal subdivision of the commonwealth, acting by and through its Board of Supervisors or, in the appropriate cases, acting by and through its authorized representatives.
- WATER SYSTEM
- All facilities, as of any particular time, for the production,
transmission, storage or distribution of water in, to and for the
township and owned by the Authority or in which the Authority has
acquired capacity or right of use by contract, lease or otherwise.[Amended 3-20-1995 by Ord. No. CXXXIX]
[Amended 8-17-2009 by Ord. No. CCLV]
The owner of any improved property abutting the water system, where the principal building is located within 150 feet of the water system or any part or extension of the water system, or where the principal building has no supply of water which is safe for human consumption, shall connect such improved property with and shall use such water system, within 90 days or such greater period as the Board of Supervisors may allow, after notice to such owner from this Township to make such connection; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township, from time to time.
The notice by this Township to make a connection to the water system referred to in § 131-13A 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 or such greater period as the Board of Supervisors may allow after notice is given or served. Such notice may be given or served at any time after the water system is able to 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.
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 water system to provide water for human consumption. Notwithstanding the foregoing, there shall be no cross-connection between the water system and any private water supply.
If the owner of an improved property shall fail to connect such improved property to the water system after notice as provided by this section, the Township and/or the Authority 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.
Operators of community water systems regulated by the Department of Environmental Protection of the Commonwealth of Pennsylvania may petition the Board of Supervisors for a waiver of the requirements of this section. Applicants shall present evidence to the Board of receipt of any necessary approvals issued by the Department of Environmental Protection for the operation of said community water system. The Board may grant a waiver from the requirements of this section where it determines that such a waiver will not jeopardize the financial soundness of the water system and will be in the public interest.
Except as otherwise provided in this subsection, each improved property shall be connected separately and independently with a lateral through a service connection. Grouping of more than one (1) improved property on one (1) service connection 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.
All costs and expenses of construction of a service connection and all costs and expenses of connection of a service connection to a lateral shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and shall save harmless the township and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a service connection or of connection of a service connection to a lateral.
A service connection shall be connected to a lateral 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 service connection to the lateral shall be made secure and watertight.
If the owner of any improved property located within the township and abutting the water system, subject, however, to the exceptions provided for in § 131-13, shall fail to connect such improved property, as required, the 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.
No person shall uncover, connect with, make any opening into or use, alter or disturb in any manner any lateral, main or any part of the water system without first obtaining a permit, in writing, from the Authority.
Application for a permit required under Subsection E shall be made by the owner of the improved property 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 lateral until such person shall have 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 lateral.
Such person shall have applied for and shall have obtained a permit as required by Subsection E.
Such person shall have given the Authority at least twenty-four (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.
If applicable, such person shall have furnished satisfactory evidence to the Authority that any tapping and/or connection fees that may be charged and imposed by the Authority against the owner of each improved property who connects such improved property to a lateral has been paid.
Such person shall have furnished to the Authority evidence that all required permits, including but not limited to street excavation permits and, if applicable, earth disturbance activity permits, have been obtained from the township.
[Added 3-20-1995 by Ord. No. CXXXIX]
No service connection shall be covered until it has been inspected and approved by this township or the Authority. If any part of a service connection 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 lateral.
Every service connection of any improved property and any connection as described in § 131-14C shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
Every excavation for a service connection 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 service connection shall be restored, at the cost and expense of the owner of such improved property being connected, in a manner satisfactory to the township and to the Authority. The owner of such improved property shall obtain all applicable permits and approvals prior to installation of a service connection, including but not limited to obtaining any permit for excavation within a right-of-way or stormwater management permits related to earth disturbance activities.
[Amended 3-20-1995 by Ord. No. CXXXIX]
If any person shall fail or shall refuse, upon receipt of a notice of the township or the Authority, in writing, to remedy any unsatisfactory condition with respect to a service connection within sixty (60) days of receipt of such notice, the township or the Authority may refuse to permit such person to be served with water by the water system until such unsatisfactory condition shall have been remedied to the satisfaction of the township and of the Authority.
The 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 lateral and with the water system, which rates and additional rules and regulations, to the extent appropriate, shall be and shall be construed as a part of this article.
Where an improved property, at the time of connection to the water system is required, shall be served by its own private water supply, the existing house waterlines shall be broken from the water system and may in no way connect to the water system. The previous private water supply source may continue to be used so long as it is not used for human consumption or domestic purposes or interconnected to the water system.
It shall be unlawful for any person to employ or to permit any means of cross-connecting any other water source or water supply to the water system, including service lines and house plumbing served by any source of water supply other than the water system.
The owner or owners of any improved property shall permit the township's or the Authority's designated inspector full and complete access to all facilities of the water system within the improved property or any structure on the improved property for the purpose of inspecting water system facilities.
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 six hundred dollars ($600.), 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 the township.
It is declared that enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of the township.