[Adopted 12-10-1987 by Ord. No. XCIV]
For the purpose of this article, the following
terms shall have the meanings indicated:
AUTHORITY
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]
BOARD
The Board of Supervisors of Mount Joy Township, Lancaster
County, Pennsylvania.
DEVELOPER
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]
PRINCIPAL BUILDING
A.
A structure enclosed within exterior walls or
fire walls, built, erected and framed of component structural parts
and designed for the housing, shelter, enclosure and support of individuals,
animals or property of any kind.
B.
Main structure on a given lot.
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.
SUBDIVISION
A subdivision as that term is defined in Chapter
119, Subdivision and Land Development.
[Amended 3-18-2013 by Ord. No. 280-2013]
TOWNSHIP
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:
A. Where an adequate public water system is within three
thousand (3,000) feet of the proposed subdivision or land development.
B. 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.
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]
[Amended 8-17-2009 by Ord. No. CCLV]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
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.