[Ord. 1969-4, 1/15/1969, § 1]
Water meters shall be installed for all consumers of water within said Borough; provided, however, that water supplied in separate service lines for standby fire protection service shall not be metered.
[Ord. 1969-4, 9/15/1969, § 1; as amended by Ord. 1975-7, 2/17/1975, § 1]
The Council of the Borough of Doylestown shall, by resolution, establish and maintain a schedule of water rates and such rules and regulations as it shall, from time to time, deem advisable for the furnishing of water service beyond the corporate limits of the Borough of Doylestown. The schedule of water rates and rules and regulations applicable to and governing the furnishing of water beyond the corporate limits of the Borough shall be in accordance with the laws of the Commonwealth of Pennsylvania, the rules and regulations of the Pennsylvania Public Utilities Commission and the provisions of Ordinance No. 1969-4 governing the service of water within the corporate limits of the Borough.
[Ord. 1969-4, 9/15/1969, § 2; as amended by Ord. 1974-13, 12/16/1974, § 1; by Ord. 1982-21, 12/20/1982, § 1; by Ord. 1986-14, 12/15/1987; by Ord. 1998-7, 8/17/1998, § 1; by Ord. 2004-1, 1/5/2004, § 1; by Ord. 2004-13, 12/20/2004, § 1; by Ord. 2005-16, 12/19/2005, § 1; by Ord. 2012-7, 12/17/2012; by Ord. 2014-14, 12/15/2014; by Ord. 2016-10, 12/19/2016; by Ord. 2017-20, 12/18/2017; and by Ord. No. 2018-12, 12/17/2018]
Beginning with the next billing due date, (as heretofore established) on or subsequent to the date of enactment hereof, and until otherwise directed by ordinance, the price of water furnished by the Borough shall be as follows, computed quarter-annually:
[Amended by Ord. No. 2019-7, 12/16/2019]
With respect to meters that service no more than one consumer unit, the quarterly base charge for the use, during that quarter, of up to 3,000 gallons of water provided through service shall be determined by the meter size, in accordance with the schedule provided below in Subsections 1A(1)(a) through (e). For meters that service more than one consumer unit, said base charge shall be equal to the number of consumer units serviced by the meter multiplied by the quarterly base charge determined by the meter size in accordance with the schedule provided below in Subsection 1A(1)(a) through (e); the gallon allowance for such meter shall be equal to 3,000 multiplied by the number of consumer units.
For a meter that is less than 1.5 inches, the base charge will be $25.02 for each quarter, or any portion thereof;
For a meter that is at least 1.5 inches but less than two inches, the base charge will be $26.30 for each quarter, or any portion thereof;
For a meter that is at least two inches but less than three inches, the base charge will be $28.84 for each quarter; or any portion thereof;
For a meter that is at least three inches but less than four inches, the base charge will be $30.11 for each quarter, or any portion thereof; or
For a meter that is four inches or more, the base charge will be $31.38 for each quarter, or any portion thereof.
For use in excess of the maximum allowance identified in Subsection 1A(1) above, the rate for each meter, regardless of the number of consumer units serviced shall be:
[Ord. 1969-4, 9/15/1969, § 3]
Rules and Regulations.
These rules and regulations shall take effect as soon as this Part 1 becomes effective.
Application, Contracts, etc., for Service Lines or Extensions Thereto.
Any property owner desiring the introduction of a service line or lines from the Borough's water main into his or her premises for a private supply of water shall have a master plumber, registered as such in Doylestown Borough, make application for service on forms provided by the Borough.
All applications, as aforesaid, must be signed by the property owner to whom the service is to be extended, or his duly authorized agent.
The owner of the premises to which water is supplied will be held responsible for all water bills and the proper observance of the rules and regulations of the Borough pertaining to the water system therein.
No owner of any premises supplied with water by this Borough will be allowed to supply other persons or families or other premises, except by written permit from the Borough. All persons violating this rule may have their water shut off, after five days' notice, and it may remain so until the Borough is satisfied that the rules and regulations will be observed, and, in addition, such persons shall be subject to the fine hereinafter provided.
Upon approval of the application of any property owner for a supply of water, the customer will be responsible at his/her sole expense for tapping the water main and installing the corporation stop, service line, curb stop and service box and for appropriate backfill and resurfacing of the road. All work is to be overseen by a Borough-appointed inspector, the cost of which shall be borne by the customer. The customer shall be responsible for any and all injury or damage in consequence thereof or arising out of accessing the supply of water and shall indemnify the Borough and its appointed designee for all damages arising from accessing the supply of water.
[Amended by Ord. 2013-10, 9/16/2013]
All new or replaced water service lines exceeding 100 feet in length shall include a meter pit installed by the customer within three feet of the curb box on the customer's side of the service line. The customer shall be responsible for any and all injury or damage in consequence thereof or resulting therefrom.
[Amended by Ord. 2013-10, 9/16/2013]
The service line from the curb stop and service box to the premises shall be kept in good condition by the owner-under penalty of discontinuance of service by the Borough.
Under no circumstances shall any person not authorized by the Borough turn the stop cock on or off, under penalty. Any plumber registered in the Borough of Doylestown shall be authorized to shut off curb stop after receiving permission from the Borough Manager or Plumbing Inspector.
All service lines hereafter laid shall be in accordance with the Doylestown Borough Plumbing Code and subject to inspection and approval or rejection by the Borough authorities. Notwithstanding the provisions of the code, however, service lines of less than three inches in diameter shall be constructed of Type K copper and shall be laid to a depth of not less than three feet, unless otherwise permitted by the Borough for good cause.
[Amended by Ord. 2013-10, 9/16/2013]
When two or more consumers are supplied through a single service, any violation of the rules of the Borough by either or any of said consumers shall be deemed a violation as to all, and the Borough may take such action as could be taken against single consumers, except that such action shall not be taken until the innocent consumer, who is not in violation of the rules of the Borough, has been given a reasonable opportunity to attach his pipes to a separately controlled service connection.
Standby Fire Protection Service.
In addition to the foregoing rules and regulations, the following shall apply: Water supplied by the Borough for stand-by fire protection service shall not be used for domestic home, business, industrial or any purpose except for the extinguishing of fires, testing of fire-extinguishing sprinkler or similar systems, or emergency actually requiring the use of such water to protect and conserve life, limb or property.
Water supplied for said purpose shall be only through separate and distinct service line or lines, the entire installation of which (including the tapping of the main, inserting corporation cock, carrying service line to curb, installing curb stop and service box) shall be done at the expense of the property owner, but under the management, supervision and inspection of the duly authorized agents and employees of the Borough.
[Ord. 1969-4, 9/15/1969; as added by Ord. 1992-12, 11/16/1992, § 1]
Any property owner within the Borough of Doylestown who is an existing consumer of water within the Borough may, subject to the provisions of this Section, install a separately metered water system upon his premises for special purposes where the water, before or after use, will not be discharged into the Borough sanitary sewer system.
From and after the effective date of this Section, no irrigation system shall be installed, used or operated upon any property within the Borough of Doylestown, unless such irrigation system shall have been first authorized, by the Borough as a special purpose water system in accordance with the provisions of this Section.
An irrigation system for purposes of this Section shall mean any permanent system of piping, valves, spray heads, or other head types, which shall be an integral part thereof, located on or below the ground surface and intended and employed for the watering of lawns, grass, flowers, trees, shrubbery or any other plantings with water drawn from the Borough water system.
Any irrigation system approved by the Borough as a special purpose water system pursuant to the provisions of this Section shall be equipped with an automatic timer which shall control the operation of the system. Said timer shall be set so that the system operates only between the hours of 9:00 p.m. and 6:00 a.m. or such other hours as Borough Council may, from time to time, by separate resolution determine.
Any property owner desiring to install a special purpose water system upon his property shall make application for same with the Borough in accordance with the provisions of § 104, subsection (2) of this Part 1 and shall pay an application fee of $15 and an escrow deposit of $250 for review by the Borough Engineer at the time of such application. The amount of the required application fee and escrow deposit may be modified from time to time by separate resolution of Borough Council. Additionally, the application shall be accompanied by a plan drawn to scale showing the layout and specifications of the special purpose water system in form and substance satisfactory to the Borough Engineer.
All special purpose water systems shall be connected to the existing water service line at a point before the existing water meter at a convenient location upon the property outside of the area of any existing right-of-way. All special purpose water systems, including all components thereof, shall be laid and installed in accordance with the Doylestown Borough Plumbing Code and be subject to inspection and approval by the Borough. All such systems shall be installed and maintained in good condition at the sole cost and expense of the owner of the property.
All special purpose water systems shall be permanent, in-ground systems and shall require the installation of a separate water meter in a concrete or brick pit with a suitable cover with lock and key. The provisions of § 105 subsections (2), (5), (7), (8), and (9) of this Part 1 shall be fully applicable to special purpose water systems.
All special purpose water systems shall have a ball valve installed at the point of connection with the existing water service line as specified in subsection (4), above. A back flow preventer, specified by the Borough, shall be installed on the special purpose, water system service time right after the ball valve and before any other parts of the system. This backflow preventer shall be installed in a location that is approved by the Borough. Said backflow preventer shall be serviced at least once a year by a qualified technician at the sole expanse of the property owner.
Special purpose water systems may not be used for the application of fertilizers, pesticides, herbicides or any other chemical solutions or products nor may they be connected to or used to supplement in any way the existing water system servicing the building(s) or persons occupying the property. The special purpose water system may be used only for the purpose specified in the application.
The Borough may revoke the right to use any special purpose water system for any of the following reasons:
False or misleading information in the application.
Improper maintenance of the system.
Operating the system when water use restrictions are in effect.
Operating the system after the property owner has been notified that the Borough water supply is inadequate.
Any violation of the provisions of this Part.
The rates for the use of water in, special purpose water systems shall be established and may be modified from time to time by separate resolution of Borough Council. Billing procedures shall be the same as established for other metered water usage.
The Borough shall have the right to reject any applications for special purpose water systems if it is determined that such systems would be detrimental to the Borough's water system, its facilities or the general public health, safety or welfare.
[Ord. 1969-4, 9/15/1969, § 4-A; as amended by Ord. 1990-12, 12/17/1990; Ord. No. 2004-10, 7-19-2004]
The cost of all new water meters, excluding the replacement of existing water meters up to and including 1 1/2 inches, including multiple meters to service a single property, building or structure, shall be paid by the owner of the building, property or structure to the Borough in accordance with the Fee Schedule established, from time to time, by resolution of Borough Council. The type and size of meter shall be decided by the Borough and all meters shall be and remain owned by the Borough. The cost of the replacement of existing water meters larger than 1 1/2 inches shall be paid by the owner of the building, property or structure to the Borough in accordance with the Fee Schedule established, from time to time, by resolution of Borough Council.
The service line to which the Borough will attach a water meter must be a separately accessible and billable service line controlled by a separate exterior subsurface shut-off valve, the design of which shall be subject to the approval of the Borough, which supplies a single consumer unit. Where additional water meters are to be installed on an existing service line servicing a single property, building or structure, the owner of the building, property or structure shall pay to the Borough, in addition to any other applicable charges, fees, or costs, an additional meter connection fee for each such additional water meter in accordance with the Fee Schedule established, from time to time, by resolution of Borough Council.
Meters shall be placed within the property lines and in a convenient location within a building, and in no case shall any person other than an authorized representative of the Borough change or alter or interfere with the meter or the dials thereof.
In cases where it is not reasonably possible to place a meter within a building, a concrete or brick pit with suitable cover with lock and key shall be built inside the curb line, at the expense of the property owner.
Stop and waste cocks must be properly placed at the expense of the consumer on each side of the meter, so as to drain the water and pipes when the water is shut off and permit removal of the meter.
In all cases other than residences where steam or hot water under pressures is used, a check and safety valve must be placed at the expense of the consumer, directly ahead of the meter, and before any outlets are taken off the service pipes, to prevent damage to the meter.
The property owner must, at all times, properly protect the meter from damage by frost or any other cause and will be held responsible for repairs to meter made necessary by his negligence.
In case a meter stops registering, the water bill will be estimated on the basis of the amount charged on the previous corresponding periods.
Should any property owner doubt the accuracy of the meter measuring the water delivered to his or her premises, he or she may, upon application to the Borough, and upon making a deposit as set forth in the schedule below to defray the cost, have said meter tested. Should the test show the meter in question to be correct within 4%, the property owner shall forfeit the deposit. Should the test show the meter to be registering incorrectly with an error in excess of 4% of the accurate amount, said deposit shall be refunded, the account adjusted accordingly and the entire cost of the test shall be borne by the Water Department. Deposits required with requests for meter tests are as follows:
[Added by Ord. No. 2019-4, 9/16/2019]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- An applicant for a connection to or additional use of the water system.
- CAPACITY COMPONENT
- With regard to the Borough's recovery of certain capital costs, references the costs associated with the construction of all facilities, including plants, lines, pumps, etc.
- DISTRIBUTION COMPONENT
- With regard to the Borough's recovery of certain capital costs, references the costs for distribution or collection facilities.
- DOMESTIC UNIT or DU
- Any room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family. The determination of the Borough as to what constitutes a separate domestic unit shall be final.
- GALLONS PER DAY or gdp
- A peak daily average of the gallons of water which is or may be used, which average is used to determine the water tapping fee.
- NONDOMESTIC UNIT
- A separate building, group of buildings, or room or group of rooms on a parcel of land held in single and separate ownership and used for any purpose other than as a domestic unit. The determination of the Borough as to what constitutes a separate nondomestic unit shall be final.
- Any parcel or property upon which a domestic unit or nondomestic unit is located.
- WATER TAPPING FEES
- Charge(s) for water system capital costs, assessed against the owner of the property.
Imposition of Tapping Fee. A water tapping fee is hereby fixed and imposed upon the owner of a property which is to be connected to the Borough water system directly or indirectly and/or where a previously connected use is changed and/or one or more new uses is/are to be connected. Such connections may be through a new or existing connection, connected separately or through one or more existing or new service connections or supply lines owned by any owner other than the Borough.
Connection to Borough Water System Required. All owners of a property located or to be constructed within the Borough and situate so that water service is available shall be required to connect said property to the water system serving the Borough.
Filing of Application. Before any new connection is made to the water system, any new use is added to an existing connection, any connected use is changed and/or used so as to increase water usage and/or any connected use is changed to another use, the property owner must file an application with the Borough. All applications shall provide such relevant information as the Borough may require. No such connection, change or additional usage shall be made and/or begun until and unless the Borough approves the application and issues a connection permit and the water tapping fee is paid in full.
Tapping Fee Amount. The amount of each such tapping fee shall be determined in accordance with the following fee schedule:
Residential Use. For residential properties, the tapping fee shall be calculated by multiplying the number of domestic units on the property by $4,813, which amount is based upon the following components:
Nonresidential Use. The nonresidential properties tapping fee totals $36.66 per gallon per day of peak water use based upon the following components:
Multiple Tapping Fees. The owner of any property which contains more than one use shall pay a separate water tapping fee for each use.
Additional or Expanded Uses. If any building connected to the water system shall be converted, enlarged or remodeled or (an) additional building(s) is/are to be constructed on a property and connected directly or indirectly to the water system through an existing service or private supply line, so as to create or establish an additional or expanded use(s), an additional water tapping fee for each such additional or expanded use shall be paid prior to the issuance of a connection permit therefor and prior to the issuance of any building permit for any improvements for the use. If no building permit is required, the water tapping fee shall be paid prior to any occupancy permit for the use.
Change of Use. If a connected use is changed, expanded and/or added to, so that additional water use will result, an additional water tapping fee is imposed. Such additional fee shall be equal to the gpd of the additional peak daily water usage multiplied by $36.66 per gallon of such usage.
Borough Determination of Usage. The Borough shall have the right, at any time, to determine the actual water usage of any use connected to the water system.
Assessments Based on Actual Peak Daily Usage. For uses other than a domestic unit(s), the Borough, from time to time, following the connection of the use and/or the addition and/or change of a nonresidential use already connected, may assess and impose an additional water tapping fee based upon actual additional peak daily water usage (over the usage for which the use's paid water tapping fee(s) was/were based). Such additional fee shall be equal to the gpd of the additional peak daily water usage multiplied by $36.66 per gallon of such usage.
Tapping Fees are in Addition to Certain Other Fees. The water tapping fee(s) imposed hereunder shall be in addition to:
Decreased Usage. No refund, rebate or credit of water tapping fees shall be made in the event of a decrease in water usage.
Nontransferable Fees. No water tapping fee paid under this section shall be transferable to any other property.
Time for Payment. Water tapping fees shall be due and payable upon the Borough's issuance of a connection permit for the proposed use and/or change or addition to a use.
Penalties and Interest. If a use is connected and/or begun before paying the required water tapping fee, the fee shall be subject to a 10% penalty, and the fee plus the penalty shall bear interest from the due date at the rate of 1% per month or fraction thereof until paid. The Borough shall have all rights and remedies as set forth in Chapter 26, Part 1, § 115, with regard to the payment of water bills.
Borough Right to Revise. The Borough reserves the right to revise the tapping fee by resolution of the Borough Council to reflect appropriate amendments to the cost components or other elements of the required calculation of the tapping fee. Such amendments shall be deemed to revise the tapping fee of the Borough set forth herein, shall be available upon request for public inspection, and shall be construed as part of this section.
[Ord. 1969-4, 9/15/1969, § 5-A]
The Borough will not be liable for any damage resulting from leaks, broken pipes, or from any other cause occurring to or within any house or building, and by accepting water service, the property owner and user expressly agrees that no claims shall be made against the said Borough on account of the bursting or breaking of any main or service pipe or any attachment to said water works.
Under no circumstances shall the water be wilfully allowed to run in any hydrant, faucet, water closet, urinal, bath or other fixture, except when in actual use, under penalty of fine hereinafter provided.
[Ord. 1969-4, 9/15/1969, § 6-A]
The Borough, by its Plumbing Inspector or other duly authorized agents, shall at all reasonable hours have access to the water pipes, fixtures and meters upon the premises, or within the house for the purpose of turning the water on or off, examining the water pipes and fixtures, and for repairing, reading or replacing the meters.
[Ord. 1969-4, 9/15/1969, § 7-A]
No person or persons, except the Borough's duly authorized agents shall open or close the valves in any Borough main or break the seal placed upon any water meter installed, under penalty of the fine hereinafter provided. Any plumber registered in Doylestown Borough may open or close curb stops after receiving permission from the Borough Manager or Plumbing Inspector.
[Ord. 1969-4, 9/15/1969, § 8-A]
No person shall open any fire hydrant or use any water therefrom for sprinkling any street, for building or for any other purpose than fire protection, without permission in writing from the Borough Manager. No person shall wilfully open, break, injure or inflict any damage whatsoever upon any of the apparatus, machinery, basins, pipes or fire hydrants, erected or installed for the supply of water to the Borough; or shall throw or cast any filth or foreign matter whatsoever into any spring or reservoir or other water source connected with the Borough water system; or shall injure or destroy any of the fences, enclosures, walks or walls belonging to the water works or water system of the Borough.
[Ord. 1969-4, 9/15/1969, § 9-A]
The Borough reserves the right at all times after five days' notice to shut off the water from any property connected with the Borough water system for any of the following reasons:
Refusal of property owner to have water meter installed on his property;
Misrepresentation in application as to property or fixtures to be supplied, or the use to be made of the water supply;
The use of water for any other property or purpose than that described in the application;
The waste through improper or imperfect pipes, fixtures or otherwise;
Vacancy of the premises;
Violation or refusal to comply with any rules of the Borough relating to water;
Nonpayment of water rent.
The Borough shall have the right to cut off the water without notice in case of breakdowns or for other unavoidable causes, or for the purpose of making necessary repairs, connections, etc. Reasonable notice will be given when practicable.
[Ord. 1969-4, 9/15/1969, § 10-A]
The Borough shall not be liable for a deficiency or failure in the supply when occasioned by shutting off water to make repairs or connections or failure from any cause whatever. The Borough reserves the right to restrict the supply of water in case of scarcity or whenever the public welfare may require it.
[Ord. 1969-4, 9/15/1969, § 11-A; as amended by Ord. 1984-18, 10/15/1984, § 1]
Pumps will not be permitted to be connected with the water pipes, so as to draw water directly from main or service pipe except upon special permission from the Plumbing Inspector.
If the Borough determines that it is experiencing a short term or long term water supply shortage, then the Borough, by resolution of Borough Council, may request general conservation by any or all water customers or users, of any inside water uses and, in addition, may impose mandatory conservation measures to reduce or eliminate any non-essential outside uses of water, including but not limited to the following:
The use of hoses, sprinklers, or other means for sprinkling or watering of shrubbery, trees, lawns, grass, plants, vines, gardens, vegetables, flowers, or any other vegetation.
The use of water for washing automobiles, trucks, trailers, trailer houses, or any other type of mobile equipment.
The washing of streets, driveways, parking lots, service station aprons, office buildings, exteriors of homes, sidewalks, apartments, or other outdoor surfaces.
The operation of any ornamental fountain or other structures making a similar use of water.
The use of water for filling swimming or wading pools.
The operation of any water-cooled comfort air conditioning which does not have water conserving equipment.
The use of water from fire hydrants for construction purposes or fire drills.
The use of water to flush a sewer line or sewer manhole.
The use of water for commercial farms and nurseries other than a bare minimum to preserve plants, crops, and livestocks.
Notice of any resolution of Borough Council requesting general conservation of water useage or imposing mandatory conservation measures shall be sent to all water customers and in addition, such notice shall be published at least one time in a newspaper of general circulation in the Borough of Doylestown.
Prior to the imposition of any sanctions or penalties upon any customer or user for an initial failure to comply with any mandatory conservation measures as established by Borough Council, the Borough shall notify such customer or user of such initial violation and afford such customer or user an opportunity to cure such violation by voluntary compliance.
In addition to any other remedies or penalties provided by law or by this ordinance for failure to comply with any mandatory conservation measures as established by Borough Council, the Borough is hereby authorized to restrict the flow of water to any customer or user in violation of the provisions of this section by an amount not to exceed 50% of normal flow capacity.
In addition to the provisions as set forth above, the Pennsylvania Emergency Management Council is authorized to promulgate, adopt, and enforce a Water Rationing Plan by virtue of the Emergency Management Services Code, 35 PA C.S. § 1701 et seq, as implemented by the Drought Emergency Proclamation dated November 6, 1980.
[Ord. 1969-4, 9/15/1969, § 12-A]
The Borough reserves the right to change or amend from time to time these rules and regulations and the rates for the use of water, in accordance with law.
[Ord. 1969-4, 9/15/1969, § 13-A]
When the premises are vacated, the property owner must give notice at the office of the Borough in order that the Borough may shut off the water, and he will be responsible for the water rent until such notice is given and for any damage to Borough property.
A new application must be made on any change of use or occupancy of property, and the Borough shall be at liberty to discontinue the water supply until such new application has been made and approved.
[Ord. 1985-5; as amended by Ord. 2004-13, 12/20/2004, § 2; Ord. 1969-4, 9/15/1969, § 14-A; as amended by Ord. 1982-3, 2/23/1982, § 1; by Ord. 1985-5, 5/23/1985, § 1; Ord. 1993-1, 1/18/1993, § 1]
All minimum meter rate bills are due and payable for each quarter, or any portion thereof, on the date of the bill, which shall be rendered quarterly. The additional rates for the excess water consumed over the minimum during the quarter, or any portion thereof, will be added to the minimum rate bill. Ten percent per month will be added to all bills rendered if not paid within 30 days from the date of the bill.
[Amended Ord. No. 2016-6, 8/15/2016]
Responsibility for payment of all bills shall be that of the owner of the property connected with the Borough water system.
Failure to receive a bill shall not exempt any consumer from payment of water rate or penalty. The presentation of a bill to the consumer is only a matter of accommodation and not a waiver of this rule.
Any water service discontinued on account of nonpayment of water rent shall not be resumed again until all arrearages of water rent, together with an additional charge of $50 or such other charge as Borough Council may from time to time by resolution establish, to cover the costs of turning water off and on, have been paid.
All bills for standby fire protection service are due and payable annually in advance at the same time as the first quarterly meter rate bills for the property in question shall become due. All other provisions of this Part 1 relating to meter rate bills shall also apply to bills for stand-by fire protection service.
In addition to the interest, payments and penalties provided by this Part, the Borough may at its option exercise any or all of the following collection remedies:
[Added by Ord. 2015-11, 6/15/2015]
The filing of a summary complaint under § 117 of this Part.
The filing of a civil action for collection of any and all past due fees, interest and penalties.
The filing of a municipal lien or other claims as authorized by the Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et seq.
Such other remedy as may be provided to municipalities by law.
Attorneys' Fees; Interest.
The Borough and/or its authorized agents shall impose and collect attorneys' fees in accordance with the Act upon all claims, liens, and other related actions pertaining to delinquent water accounts.
Prior to assessing or imposing attorneys' fees in connection with a delinquent account, the Borough shall provide such notice as may be required by the Act.
The Borough, including its Solicitor, may take all actions allowed by law to enable the Borough to recover incurred attorneys' fees from any person responsible for this cost and to include such attorneys' fees in municipal claims. This authorization includes, but is not limited to, sending notification to the responsible person(s) of the Borough's intent to impose incurred attorneys' fees.
Attorneys' fees shall be assessed at a rate of $150 per hour, or the then-current hourly rate of the Borough Solicitor, as set by Borough resolution.
[Ord. 1969-4, 9/15/1969, § 15-A; as amended by Ord. 1998-7, 8/17/1998, § 2]
For purposes of this Part 1, a "consumer unit" to which separate meter rates and charges are applicable pursuant to § 103 of this Part 1, is defined as any dwelling unit, as that phrase is defined under Chapter 27 of the Code of Ordinances of the Borough of Doylestown, or any nonresidential building or buildings, or units therein which are separately owned and/or occupied as condominiums, leaseholds or by any other right of possession, where a water metered connection supplies water to consumers therein regardless of whether the use of such water source is exclusive of or in common with other consumers therein.
[Ord. 1969-4, 9/15/1969, § 16; as amended by Ord. 1984-1, 2/23/1984]
Any person, firm or corporation who shall violate any provision of this Part 1 shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not to exceed 90 days.
[Ord. 1976-8, 12/6/1976, § 1]
Short Title. This Part 2 shall be known and may be recited as the "Doylestown Borough Well Ordinance of 1976."
Purpose. The purpose of this Part 2 is to promote and protect the general health and welfare of the residents of the Borough of Doylestown, by conserving the supply of underground waters and preventing the pollution thereof.
[Ord. 1976-8, 12/6/1976, § 2; as amended by Ord. 2011-4, 3/21/2011, § 1]
The following words or phrases when used in this Part 2 shall have the following meanings described to them except where the content clearly indicates a different meaning:
- All action necessary to construction Of wells such as drilling, boring, coring, washing, digging, driving or letting.
- Any water well contractor, his employee or representative in responsible charge of drilling or otherwise constructing a well.
- GEOTHERMAL WELL
- Any well or borehole in the ground constructed for the purpose of extracting heat from or transferring heat to the ground or groundwater. These shall include wells drilled as supply and/or return wells for open-loop systems; or closed-loop geothermal boreholes.
- MONITORING WELL
- A well used to observe water levels and/or obtain samples or groundwater or soils and will not be used as potable/drinking water well.
- A natural person, a corporation, partnership or association.
- PRIVATE OR NONPUBLIC WATER SUPPLY
- A water supply which shall not be public as herein defined.
- PUBLIC WATER SUPPLY
- A municipally owned and operated system consisting of a well or wells and other sources of supply, sewage, tanks and a distribution system which distributes water to residential, commercial and/or industrial consumers within the Borough of Doylestown.
- Any excavation that is drilled, cored, bored, washed, driven, dug or otherwise constructed for the location, diversion or acquisition of underground waters or charging of water into underground strat.
[Ord. 1976-8, 12/6/1976, § 3; as amended by Ord. 2011-4, 3/21/2011, § 2]
From the effective date hereof, it shall be unlawful for any person to locate, drill or have drilled any private or nonpublic well, geothermal well or monitoring well or to install or have installed any related pumping equipment to a private or nonpublic well, geothermal well or monitoring well or to alter an existing private or nonpublic well, geothermal well or monitoring well or its pumping equipment until a permit for such location, drilling, installation or alteration shall have been issued by the Borough Manager of the Borough of Doylestown. All private or nonpublic wells, geothermal wells or monitoring wells shall be constructed in accordance with specifications adopted therefor by Borough Council.
[Ord. 2011-4, 3/21/2011, § 3]
All private or nonpublic wells, geothermal wells and monitoring wells shall comply with the Bucks County Department of Health Rules and Regulations Governing All Wells and Their Construction Specifications, as it may be amended from time to time.
[Ord. 1976-8, 12/6/1976, § 4]
Application for permits as herein required shall be on forms provided for that purpose by the Borough of Doylestown. All wells drilled within the Borough of Doylestown must be drilled by a well driller licensed by the Commonwealth of Pennsylvania. All applications for a permit shall specify the location of the property on which the well is proposed to be drilled and shall be accompanied by the name of the proposed well driller and a sketch of the proposed well construction.
[Ord. 1976-8, 12/6/1976, § 5]
No private or nonpublic well shall be drilled to service any property within the Borough of Doylestown which is serviceable by means of a public well.
No private or nonpublic well shall, in any event, be drilled at any location within 1,000 feet in any direction from any existing, or then proposed, location of a public well.
Wells for waste disposal. No private or nonpublic well shall be drilled nor shall any existing private or nonpublic well be used for the purpose of disposal of domestic or industrial waste.
[Ord. 1976-8, 12/6/1976, § 6]
The owner of any private or nonpublic well shall, upon abandonment thereof, effectively seal and fill such well in accordance with standards adopted therefor by Borough Council. A private or nonpublic well not in operation for one or more years or improperly maintained to prevent contamination may be deemed to have been abandoned.
[Ord. 1976-8, 12/6/1976, § 7; as amended by Ord. 1984-1, 2/23/1984]
An application for permit to drill a private or nonpublic well shall be accompanied by an application fee as established by resolution of Council.
[Ord. 1976-8, 12/6/1976, § 8]
This Part 2 is enacted pursuant to the general authority granted unto the Borough Council of the Borough of Doylestown by Act of the General Assembly of the Commonwealth of Pennsylvania, Act of 1966, February 1, P.L. (1965), No. 581, § 1202, 53 P.S. § 46202 (39).
[Ord. 1976-8, 12/6/1976, § 9; as amended by Ord. 1984-1, 2/23/1984]
Any person, firm or corporation who shall violate any provision of this Part 2 shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this Part 2 continues shall constitute a separate offense.