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Township of West Lampeter, PA
Lancaster County
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[HISTORY: Adopted by the Board of Supervisors of the Township of West Lampeter as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Suburban Lancaster Sewer Authority — See Ch. 9, Art. II.
Sewers and sewerage — See Ch. 211.
Stormwater management — See Ch. 230.
[Adopted 3-9-1989 by Ord. No. 99]
Unless the context clearly indicates a different meaning, the following terms, words and phrases as used in this article shall have the following meanings:
CITY
The City of Lancaster and the City of Lancaster Authority, Lancaster County, Pennsylvania and its agents, including employees of the City of Lancaster.
COMMERCIAL ESTABLISHMENT
Any structure or any portion thereof intended to be used wholly or in part for the purpose of carrying on a trade, business, or profession, or for social, amusement, charitable or public uses.
CONNECTION FEE
A one-time fee imposed upon a property owner to have his property connected to the water system.
CUSTOMER
Any owner, patron or user of the water system or other person as may be defined by the rules and regulations of the City for the water system.
EDU or EQUIVALENT DWELLING UNIT
A usage or estimated usage of 6,000 gallons of water consumed per month, except for a single-family dwelling which shall be defined herein as one EDU.
HOUSE SERVICE LINE
The pipe extending from the curb stop to the water meter.
INDUSTRIAL ESTABLISHMENT
Any structure or any portion thereof intended to be used wholly or in part for the purpose of carrying on the manufacturing, fabricating, processing, cleaning, laundering, or assembly of any product, commodity or article.
INSPECTION FEE
A fee imposed upon a property owner who installs, at his own expense, water mains, curb boxes, curb stops and street and/or house service lines to have his water connection inspected by authorized representatives of the City or Township.
OWNER
With respect to any property located in the Township of West Lampeter and connected to or to be connected to the water system, any person:
A. 
Vested with an ownership interest, legal or equitable, sole or partial, in any such property; or
B. 
In open, peaceable and notorious possession of any such property, as apparent owner thereof; or
C. 
The reputed owner thereof in the neighborhood of such property.
PERSON
Any individual, firm, company, association, society, corporation or other group or entity.
PRIVATE DWELLING OR LIVING UNIT
Any structure or dwelling or part thereof intended to be occupied as a whole by one family, an apartment intended to be occupied as a whole by one family, or any other one-family living unit; provided that hospitals, nursing homes, convalescent homes, hotels, boarding, rooming and lodging houses, motels, recreational campgrounds (excluding mobile home parks) and the like, offering overnight or transient accommodations for patients or guests shall not be considered to be private dwelling or living units but shall be considered to be commercial establishments within the meaning of this article.
[1]
PROPERTY
The tract or tracts of ground owned by an owner and upon which is located a private dwelling or living unit or units and/or a commercial establishment or establishments and/or an industrial establishment or establishments.
STREET SERVICE LINE
The pipe extending from the water main to and including the curb stop.
TAPPING FEE
A one-time fee imposed upon a property owner for the privilege of using the water system. The tapping fee is computed on an EDU (equivalent dwelling unit) basis.
TOWNSHIP
Township of West Lampeter, Lancaster County, Pennsylvania.
WATER SYSTEM
All water mains, extensions, and distribution pipelines, from the main to the point of service connections, street service lines and appurtenances thereto which are constructed or acquired and owned by the City of Lancaster Authority or serviced by the Authority or the City of Lancaster, Pennsylvania.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Whenever the water system or any usable portion thereof is completed and ready for public use, the Township shall cause written notice to be served either by personal service or certified mail upon all owners of property abutting such completed water system or portion thereof, which notice shall state that the water system or portion thereof is complete and ready for public use and that all such owners shall make connection with the water system, at their own expense, within 90 days of the date of service of notice.
B. 
All owners of tracts of ground abutting the water system upon which no private dwelling or living unit and/or commercial establishment(s) and/or an industrial establishment(s) is erected shall, upon erection of any such unit or establishment, make connection with the water system at their own expense.
C. 
All connections to the water system shall be made in compliance with applicable ordinances, resolutions, rules and regulations as may from time to time be enacted, adopted or promulgated by the Township in accordance with its agreements with the City.
D. 
In case any owner of property so required to make connection to the water system, other than those owners excepted in Subsections E and F of this section, shall neglect or refuse to make connection within 90 days of the date of service of notice to do so:
(1) 
The Township through its agents may enter upon such property and construct such connections; and
(2) 
The Township shall, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the property to which connection has been made, which bill shall be due and payable in full within 30 days; and
(3) 
Upon failure of the owner of such property to pay the itemized bill, the Township shall cause a municipal lien and/or claim to be filed in the full amount of the bill with six months of the date of completion of construction of such connection, which lien and/or claim shall be filed and collected, together with the maximum lawful rate of interest as is then provided by law.
E. 
Owners of properties abutting the water system used solely for industrial or farm purposes and which have their own supply of water for uses other than human consumption shall not be required to connect such properties to the water system.
F. 
Owners of properties abutting the water system shall not be required to connect any structure or building located on any such property and used for private dwelling or living unit and/or commercial establishment and/or industrial establishment purposes, if such structure or building is more than 150 feet from the service connection with the water system, as measured in a straight line without regard to intervening structures, from the closest point of such building or structure to the closest point of such service connection.
G. 
Owners of properties abutting the water system shall not be required to connect any structure or building located on any such property and used for private dwelling or living unit and/or commercial establishment and/or industrial establishment purposes, if such structure or building presently has and continues to maintain a well water supply providing water fit for human consumption which meets all applicable governmental standards applying to water quality. Owners of properties with wells shall not be permitted to combine the use of well water with City water through the same plumbing.
A. 
A connection fee is hereby imposed upon every property owner connecting his property to the water system. The amount of the connection fee shall be either $250 or the amount of the actual expenses incurred in connecting the property to the system, whichever is greater. The property owner shall pay the $250 connection fee at the time he files his application for a permit to connect to the water system pursuant to the rules and regulations of the water system. In the event that the actual expenses incurred in connecting the property owner's property to the water system exceed $250, the property owner shall pay such excess amount upon completion of the connection.
B. 
Where a property owner is authorized to install, at his own expense, water mains, curb boxes, curb stops and service lines, the property owner shall not be required to pay the connection fee described in Subsection A above, but in lieu thereof shall pay an inspection fee of $50 per inspection of each connection. The inspection fee shall be paid by the property owner at the time the property owner files his application for a permit to connect to the water system, pursuant to the rules and regulations of the water system.
C. 
If a property owner desires to add or construct additional connections or customers to an improved property, such additional connections or customers shall not be connected to the water system until the property owner:
(1) 
Obtains a permit for the connection/customer, as provided in the water system's rules and regulations; and
(2) 
Pays the appropriate connection fee or inspection fee in effect at the time of the application for the permit.
A. 
A tapping fee is hereby imposed upon the owner of each property making a connection to the water system. The amount of the tapping fee shall be $2,000 for each EDU or estimated EDU of water consumed on the property.
B. 
The tapping fee shall be paid by the property owner at the time he files his application for a permit to connect to the water system pursuant to the water system's rules and regulations. The tapping fee shall be in addition to any connection fee, inspection fee, rental, or other charges fixed, charged, or imposed by or for the use, or the availability of use, of the water system. Whenever the tapping fee is imposed on an estimated EDU figure, the amount of the final tapping fee will be adjusted in accordance with actual use within a period of one year from the time of initial service.
C. 
If a property owner desires to add or construct additional connections or customers to an improved property, such additional connections or customers shall not be connected to the water system until the property owner:
(1) 
Obtains a permit for the connection/customer, as provided in the water system's rules and regulations; and
(2) 
Pays the appropriate tapping fee in effect at the time of the application for the permit.
Any person (as defined above herein, whether owner, occupier, plumber or other responsible person, firm or corporation) who shall make any connection, or fail to connect, to the water system or in violation of the terms of this article or other rules and regulations, or use or permit to exist any plumbing actually or potentially connected with the system in violation of any of the provisions of this article or rules and regulations of the water system, shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs; and if such defective condition or connection or connections or plumbing or any such failure to connect shall not be corrected within 10 days after notice, served on the premises, the Township through its agents may either:
A. 
Enter upon the premises and correct the defect or make the necessary connection and charge the cost thereof against the owner or owners of the property and collect the same by lien or suit;
B. 
Take legal action to compel the owner or owners or occupier or occupiers to correct the defect or make any required connection;
C. 
Enter upon the premises and shut off water service and restore the same only upon payment of the cost of shutting off and restoring the service and of any work done; or
D. 
Pursue any or all remedies provided herein or by law cumulatively.