[Adopted 4-4-1974 by Ord. No. 38 (Ch. 26, Part 1, of the 1994 Code)]
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
AUTHORITY
The Bonneauville Borough Municipal Authority, a municipality authority of the commonwealth.
BOROUGH
The Borough of Bonneauville, Adams County, Pennsylvania, a municipal corporation of the commonwealth, acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.
COMMONWEALTH
The Commonwealth of Pennsylvania.
HUMAN CONSUMPTION OR DOMESTIC USE
In a reference herein to use or application of water or to facilities providing or conducting water, water or facilities providing water intended for or available for human ingestion, for handling of, preparation of, cooking of, or incorporation into food or other substances intended for human ingestion, for human washing or bathing, for washing, cleaning, handling or use in connection with dishes, kitchen utensils, clothing or other articles or property intended for human use or adornment, for human toilet needs, including for use in sanitary sewage facilities, or for any other type of human consumption or other type of domestic use; provided, however, the term "human consumption or domestic use" shall not mean, in a reference herein to a use or application of water or to facilities providing or conducting water, water or facilities where the water is used:
A. 
For irrigation of lawns and plants;
B. 
For the washing of automobiles, trucks or other mechanical implements; or
C. 
For such other special uses to be determined and approved by the Borough for good cause shown.
IMPROVED PROPERTY
Any property within this Borough upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings.
LATERAL
That part of the water system extending from a water main to the curbline or, if there shall be no curbline, to the property line, or, if no such lateral shall be provided, then "lateral" shall mean that portion of, or place in, a water main which is provided for connection of any service line.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, company, association, society, trust, corporation or other group or entity.
SERVICE LINE
The extension from a lateral to any structure, excluding water meters.
STREET
Includes any street, road, lane, court, cul-de-sac, alley, public way or public square.
WATER MAIN
Any pipe or conduit constituting a part of the water system used or usable for water transmission or distribution purposes.
WATER SYSTEM
All facilities, as of any particular time, for supplying, storing, transporting and distributing water situate in or adjacent to this Borough and owned by the Authority and leased to this Borough for operation and use, including water meters.
A. 
Connection required upon notice from Borough. The owner of any improved property abutting upon any street in which there is a water main shall connect such improved property with such water main, in such manner as this Borough may require, within 45 days after notice to such owner from this Borough to make such connection for the purpose of conducting water to such improved property; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough, from time to time.
B. 
Water service subject to Borough regulations. After connection of such improved property with a water main shall be required under Subsection A all water to be furnished to or used upon such improved property for human consumption or domestic use shall be provided by and shall be conducted to such improved property by the water system; subject however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough, from time to time.
C. 
Other water sources prohibited.
(1) 
No person shall use or provide water for human consumption or domestic use other than water from the water system within this Borough in violation of Subsection A.
(2) 
No private water wells, sources or systems shall be connected to plumbing on any improved property supplying water for human consumption or domestic use.
D. 
Exceptions. No water well, source or system shall be used or shall be maintained at any time for purposes of providing water for human consumption or domestic use upon any improved property which has been connected to a water main or which shall be required under Subsection A to be connected to a water main; provided, however, private water wells, sources and systems may be maintained and used for purposes other than supplying water for human consumption or domestic use.
E. 
Notice requirements. The notice by this Borough to make a connection to a water main, referred to in Subsection A, 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 thereof, 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 45 days from the date such notice is given. Such notice may be given at any time when a water main is in place which can furnish and supply water to the particular improved property. Such notice shall be served upon the owner in accordance with the law.
A. 
Tampering with water system prohibited. No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any water main or any part of the water system, which shall include disturbing free access to any curb box without first obtaining a permit, in writing, from this Borough.
B. 
Application for permit. Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
C. 
Requirements prior to making connections. No person shall make or shall cause to be made a connection of any improved property with a water main until such person shall have fulfilled each of the following conditions:
(1) 
Such person shall have notified the Secretary of this Borough of the desire and intention to connect such improved property to a water main.
(2) 
Such person shall have applied for and shall have obtained a permit as required by Subsection A.
(3) 
Such person shall have given the Secretary of this Borough at least 24 hours' notice of the time when such connection will be made so that this Borough may supervise and inspect the work of connection and necessary testing.
(4) 
If applicable, such person shall have furnished satisfactory evidence to the Secretary of this Borough that any tapping (or connection) fee which may be charged and imposed by the Authority against the owner of each improved property who connects such improved property to a water main has been paid.
D. 
Separate connections. Except as otherwise provided in this section, each improved property shall be connected separately and independently with a water main through a service line. Grouping of more than one improved property on one service line shall not be permitted, except under special circumstances and for good cause shown, but then only after special permission of this Borough, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by this Borough.
E. 
Costs and liabilities. All costs and expenses of construction of a service line and all costs and expenses of connection of a service line to a water main, except the cost of a water meter, shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and shall save harmless this Borough and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a service line or of connection of a service line to a water main.
F. 
Place of connection to water main. A service line shall be connected to a water main at the place designated by this Borough or by the Authority and where, if applicable, the lateral is provided. Provision shall be made by the owner in such service line for a place where a water meter conveniently may be connected by the Borough, which provisions shall be subject to approval by the Borough.
G. 
Borough may make connection if owner fails to do so. If the owner of any improved property abutting upon a street in which there is a water main, after 45 days' notice from this Borough requiring the connection of such improved property with a water main, in accordance with § 242-2A, shall fail to connect such improved property, as required, this Borough may make such connection and may collect from such owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.
A. 
Where other water sources exist. Where an improved property, at the time connection to a water main is required, shall be served by its own water well, source or system, the existing plumbing supplying water for human consumption or domestic use shall be disconnected from such water well, source or system and attachment shall be made, with proper fitting, by way of a service line to such water main.
B. 
Inspections of work. No service line shall be covered until it has been inspected and approved by this Borough. If any part of a service line is covered before so being inspected and improved, it shall be uncovered for inspection, at the cost and expense of the owner of the improved property to be connected to a water main.
C. 
Maintenance responsibility. Every service line of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
D. 
Safety precautions. Every excavation for a service line shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk and other public property disturbed in the course of installation of a service line shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this Borough.
E. 
Additional rules and regulations. This Borough reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a water main and with the water system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this chapter.
[Amended 4-19-1994 by Ord. No. 69; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Adams County.