[HISTORY: Adopted by the Township Council of the Township of Washington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewer Authority — See Ch. 6.
Sewers — See Ch. 105.
Subdivision and land development — See Ch. 119.
[Adopted 4-4-1995 by Ord. No. 2-95]
Unless the context specifically and clearly indicates otherwise, the meaning of the terms used in this article shall be as follows:
AUTHORITY
The Washington Township Water Authority.[1]
IMPROVED PROPERTY
Any property within the township upon which there is erected a structure or structures intended for continuous or periodic habitation, occupancy or use, be it residential, commercial, industrial, agricultural or otherwise, for which the use or consumption of potable water is required or desired.
OWNER
Any person, individual, partnership, company, association, corporation or other group or entity vested with ownership, legal or equitable, sole or partial, of any property located within the township.
POTABLE WATER
Water used for such purposes as but not necessarily limited to drinking, cooking, medicinal use, washing, bathing, swimming, laundry or other recreational water use. Uses specifically excluded include but are not necessarily limited to watering of lawns and gardens, private washing of cars or other vehicles, specific industrial uses, farm irrigation and the watering of livestock.
SERVICE LINE
The water line located on the property of an abutting property owner from the township's or Authority's water supply system to the location of the water meter at the structure owned by the abutting property owner.
STREET
Any public street, road, alley or other public right-of-way.
TOWNSHIP
The Township of Washington, Erie County, Pennsylvania.
WATER METER
A device installed by the township or authority in a structure on the premises of an improved property for the purpose of measuring the quantity of water supplied to the improved property.
WATER SUPPLY SYSTEM
The water supply, storage, pumping and distribution systems and appurtenances thereto constructed or acquired by the township or the Authority, including all acquired lands, easements and rights-of-way related to and necessary for the operation and maintenance of said system.
[1]
Editor's Note: The Water Authority was dissolved 5-21-2014 by Ord. No. 4-14.
The water supply system to be constructed or acquired within the township by the township or the Authority shall provide the exclusive source of potable water within the township or any part thereof, and owners of abutting improved properties shall connect to and use such water supply system in the manner herein provided, except that industrial and agricultural establishments which currently own and operate an independent water supply may continue to use said independent water supply for uses other than human consumption, but such industrial and agricultural establishments shall connect to and utilize the public water supply system as the exclusive source of potable water. It shall be unlawful for the owner of an improved property in the township, which is required or permitted to be connected to the water supply system in accordance with the provisions of this article, to use, construct, erect or maintain or cause to be used, constructed, erected or maintained any type or form of water system supplying potable water.
A. 
The owner of any improved property in the township which abuts a water supply system shall, at his or her own expense, connect to such water supply system in accordance with the provisions of this article within 90 days after the date of the official notification to do so is given by the township or Authority or their agents in the appropriate manner provided by law.
B. 
After the passage of this article, the owner of any property in the township upon which a structure is erected, such that the property would thus be considered to be an improved property in accordance with the provisions of this article, which abuts on any property in which there has been constructed or acquired or hereinafter is constructed or acquired a water supply system shall, at his or her own expense, connect to such water supply system in accordance with the provisions of this article within 90 days after the date of the official notification to do so is given by the township or Authority or their agents in the appropriate manner as provided by law.
(1) 
Improved property which abuts a water supply system ("system") constructed by someone other than the Water Authority[1] or Washington Township shall not be required to connect to the system. In the event that the owner of the improved property voluntarily desires to connect to this system, the owner shall be required to pay to the contractor, as reimbursement for the installation of the system, an amount as determined by the Authority and/or township as of the date of the completion of the installation of the system. Further, the owner shall be required to pay to the Authority and/or township all fees and costs imposed by the Authority and/or township for the connection and use of said system.
[Added 9-2-1997 by Ord. No. 5-97]
[1]
Editor's Note: The Water Authority was dissolved 5-21-2014 by Ord. No. 4-14.
C. 
The township or Authority may waive the mandatory connection requirements as set forth herein if, in its opinion and judgment, it is found that sufficient water quantity and/or pressure does not exist to sufficiently supply potable water to those improved properties required to connect to the system in accordance with the provisions of this article.
D. 
Nothing in this article shall be construed as a guaranty by the township or the Authority that any improved property connected to the water supply system shall have sufficient water quantity and/or water pressure at all times.
E. 
No connection shall be made to the water supply system except in compliance with this article and resolution, as well as such rules and regulations as may, from time to time, be enacted or adopted by the township or Authority.
F. 
The owner of any property required to connect to the system in accordance with the provisions of this article must provide proof of connection of their property to the water supply system within 10 days of such connection to the Authority or township.
G. 
Each structure on any improved property in the township as set forth in Subsection A and B above shall be required to have a separate connection to said unit.
[Added 9-5-1995 by Ord. No. 6-95]
[Amended 9-5-1995 by Ord. No. 6-95]
The water connection fee shall be paid by the owner of each structure on each improved property required to connect to the public water supply system in accordance with §§ 142-2 and 142-3 of this article. The water line connection fee schedule shall be established by the township or the Authority annually.
A. 
In the event that any owner of an improved property located within the township and required to connect to a public water supply system in accordance with the provisions of § 142-3 of this article, other than those excepted in accordance with the provisions of § 142-2 of this article, shall neglect or refuse to connect to said public water supply system for a period of 90 days after official notification to do so is given by the township or Authority or their agents in the appropriate manner as provided by law, the township or Authority or their agents may enter upon such improved property and construct such connection. In such case, the township or Authority or their agents shall forthwith, upon completion of such work, send an itemized bill of the costs associated with the construction of such connection to the owner of the improved property to which the connection has been made, which bill shall be payable forthwith, or the township or Authority may authorize the payment of the cost of construction of such connection in equal monthly installments, to bear interest at a rate not exceeding 7% per annum in accordance with state law, for a period not to exceed one year. A penalty of 10% of the costs of construction will be added to the itemized bill to cover the administrative costs associated with the township or Authority having to make such connection. If such owner neglects or refuses to pay such costs of construction, then the township or Authority shall file a municipal lien for the costs of said construction, including penalties, within six months after the official notification to connect to the water system is given, as provided by law, or pursue any other legal or equitable remedy available to the township or authority to collect such costs. This section of this article is not intended to restrict or limit any legal or equitable remedy that the township or authority may have with respect to the failure of the owner of an improved property to connect to the public water supply system.
B. 
In the event that the township or the Authority has the connection constructed due to the owner's neglect or refusal to connect to the public water supply system, the cost of construction of such connection shall include the cost of construction of the service line on the improved property of the abutting owner from the water supply system to a location within the structure where the water meter is located, including the costs of the water meter and all necessary connections and equipment.
Each owner of improved property required to connect to a water supply system as stipulated in the provisions of this article shall make application, in writing, to the Authority or township for water service. Such application shall be in the form as designated by the Authority or township. No water service shall be supplied to any property without written authorization by the Authority or township to do so.
No person shall maliciously, willfully or negligently break, damage, destroy, deface, uncover or tamper with any structure, appurtenance or equipment which is part of the municipal water supply system.
It shall be unlawful for the owner of an improved property in the township, which is required or permitted to be connected to the water supply system in accordance with the provisions of this article, to cross-connect, interconnect or plumb together in any manner any type or form of water with the water supply system, such that water from the private source could infiltrate the water supply system.
The township and Authority, having duly authorized employees and agents, shall be permitted to enter upon all properties, bearing proper credentials and identification, for the purpose of inspection, observation, taking measurements, sampling and testing in accordance with the provisions of this article.
The township or the Authority are hereby authorized and empowered to adopt such rules and regulations regarding the design, construction, connection, operation and maintenance of the public water supply system which may be deemed necessary from time to time to effect the purposes herein. All such rules and regulations adopted by the township or the Authority shall be in conformance with the provisions herein, all other ordinances enacted by the township, all applicable laws and all applicable rules and regulations of the administrative agencies of the Commonwealth of Pennsylvania.
[Amended 12-3-1996 by Ord. No. 7-96; 7-1-1997 by Ord. No. 3-97]
A. 
Enforcement proceedings for violations of this article shall be as provided in Chapter 1, General Provisions, Article III, Criminal Enforcement.
B. 
Any person who shall violate any provision of this article shall be served, by the township or Authority or their agents, notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Any person who shall continue any violation after such notice shall be required to pay a criminal fine in the amount of $100 per violation and shall be imprisoned to the extent allowed by law for the punishment of summary offenses. Each and every day during which the violation of such provisions continues shall be deemed a separate punishable offense.
C. 
All fines and penalties imposed for violation of any part of this article shall be paid to the Authority for the use of the Authority or township.
D. 
Any person violating any provisions of this article, in addition to becoming liable for a fine and penalty, shall become liable to the township for any expense, loss or damage occasioned the township or the Authority by reason of such violation.
[Adopted 4-2-1996 by Ord. No. 1-96]
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
AUTHORITY
The Washington Township Water Authority,[1] as presently or hereafter constituted, which has been created by the governing body of Washington Township and to which has been referred by the governing body of Washington Township the specific project water.
COUNCIL
The group of elected officials acting as the governing body of Washington Township.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property served, directly or indirectly, by the water system.
PERSON
Any individual, firm, company association, society, corporation or group.
TOWNSHIP
Washington Township, Erie County, Pennsylvania.
WATER SYSTEM
All temporary and permanent facilities at any time, and from time to time, owned by the Authority or leased to and operated by the township and used or usable for or in connection with the storage, supply or distribution of water.
[1]
Editor's Note: The Water Authority was dissolved 5-21-2014 by Ord. No. 4-14.
There is hereby imposed upon each owner of each property served by the water system and having the use thereof a water rent or charge, payable at the Township Municipal Building or any pay agency as designated by Washington Township Council. All rents or charges will be rendered and are due and payable monthly, bimonthly, quarterly, annually or any time period selected by Washington Township Council for the use, whether direct or indirect, of the water system, based on the schedule of classification hereinafter set forth.
A. 
The following rent or charge imposed upon the owner of each property served by the water system shall be established at the first Council meeting of each year according to the following schedule:
(1) 
There shall be a minimum water rent or charge of $15 per month for each connection. This minimum water rent or charge applies to the first 999 gallons of water used in each month. For each 1,000 gallons, or any fraction thereof, used in each month in excess of 999 gallons, there shall be an additional charge of $4.70.
B. 
The township reserves the right to change the minimum water rent or charge and the additional charge from time to time.
The township representative shall have access at all reasonable times to water meters and any other meters used for establishing or determining water consumption.
[Amended 7-7-1996 by Ord. No. 3-96]
The water rent or charge and additional charge imposed shall be payable as set forth in § 142-13. Rent or charges for each billing period shall be payable within 20 days after the date of the mailing of the bill for such rent or charges. Rent or charges for any billing period in which a connection is made shall be at least the minimum water rent or charge set forth in § 142-14, and shall be billed in conjunction with the next regular billing or by special billing, as the officials responsible may elect.
A. 
If the water rent or charge for water service as set forth in § 142-13 hereof is not paid within 20 days after the date of the mailing of the bill for such rent or charges, the township shall impose a penalty of 5% of the outstanding water rent or charge. If the bill shall remain unpaid for an additional 90 days, or for a total of 120 days, the township may file a lien against said property in the office of the Prothonotary of Erie County, Pennsylvania, and the cost of the filing of the lien shall be set annually by the township. If a lien is filed, interest at the maximum allowable rate on the water rent or charge which, as of the date of the original or ordinance, is 10% per annum, shall commence as of the date of the filing of said lien. The township shall have the right to collect the lien in the manner provided by law. If the bill shall remain unpaid for an additional 60 days, or for a total of 180 days, the township will terminate water service to said property.
[Amended 7-7-1996 by Ord. No. 3-96]
B. 
The owners of the structure connected to the water system must provide, in writing, a correct address of the structure. Failure to receive a water bill will not be considered an excuse for nonpayment nor for permitting extension of the period during which bills are payable at face.
C. 
In the case of water service to a residential dwelling unit which is not owner-occupied, the owner must provide to the township the address of the owner, the name of the tenant and the billing address of the tenant. Within 30 days after the bill for water service first becomes overdue, the township shall notify the owner of the delinquency by first-class mail at the address the owner provided to the township and at the billing address of the tenant, as provided by the owner. If the owner should fail to notify the township, in writing, of the name and mailing address of the tenant occupying a residential unit, the township shall not be required to notify the tenant.
D. 
Payments made, as evidenced by the United States Post Office mark on or previous to the end of the period during which the bills are payable at face, will be deemed to be payment within such period.
The funds received by the township from the collection of the water rent and charges and all penalties and interest thereon, as herein provided for, shall be segregated and kept separated and apart from all other funds of the township, and shall be used only for the purpose of defraying the expenses of the township in the operation, maintenance, repair, alteration, inspection, depreciation or other expenses in relation to such water system, and for such payments as the township may be required to make under any lease or agreement it may enter into in connection with the financing of the water system pursuant to the provision of the Act of May 2, 1945, P.L. 382, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 301 et seq.
The township reserves the right to, and may from time to time, adopt, revise, amend and readopt such rules and regulations as it deems necessary and proper for the use and operation of the water system, and all such rules and regulations shall be and become a part of this article.
This article and any rules and regulations hereunder shall become effective immediately and shall be applicable to all properties as soon as they respectively become connected with and have the right to use the water system. The township reserves the right to make such changes from time to time as, in its opinion, may be desirable or beneficial and to amend this article or to change the rates or charges in such manner and at such times as, in its opinion, may be advisable.