[HISTORY: Adopted by the Board of Supervisors of the Township of
West Lampeter as indicated in article histories. Amendments noted where applicable.]
[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:
The City of Lancaster and the City of Lancaster Authority, Lancaster
County, Pennsylvania and its agents, including employees of the City of Lancaster.
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.
A one-time fee imposed upon a property owner to have his property
connected to the water system.
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.
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.
The pipe extending from the curb stop to the water meter.
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.
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.
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:
Any individual, firm, company, association, society, corporation
or other group or entity.
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]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.
The pipe extending from the water main to and including the curb
stop.
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 of West Lampeter, Lancaster County, Pennsylvania.
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.
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:
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:
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.