[Adopted 12-11-1980 by Ord. No. 80-7]
Unless the context specifically indicates otherwise,
the meaning of the terms used in this article shall be as follows:
Bethlehem Authority.
[Amended 7-8-2015 by Ord.
No. 2015-05]
An engineer employed by the Authority or an authorized member
of his staff.
Each single dwelling unit, household unit, flat or apartment
unit, store, shop, office, business, commercial or industrial unit,
or family unit contained within any structure, erected and intended
for continuous or periodic habitation, occupancy or use by human beings
or animals.
Any person vested with ownership, legal or equitable, sole
or partial, or any property situated in the Township.
Any individual, partnership, company, association, society,
corporation or group.
That part of the water system extending from a water main
to the curbline or, if there shall be no curbline, to the edge of
the street abutting the property affected or, if no such connection
shall be provided, then “service connection” shall mean
that portion of, or place in, a water line which is provided for the
connection at any service line.
That part of the main house water line extending from a point
five feet outside the outer building wall or foundation wall to its
connection with the water connection.
Township of East Allen, Northampton County, Pennsylvania.
An engineer employed by the Township or an authorized member
of his staff.
A pipe which is part of the water system and which carries
water which is fit for human consumption. Said pipe is located within
the beds of roads or road rights-of-way or other rights-of-way.
Water mains, service connection, service lines or house connection,
pump stations, and all appurtenant facilities operated by the City
of Bethlehem and/or Bethlehem Authority within the Township in furnishing
water service.
[Amended 7-8-2015 by Ord.
No. 2015-05]
A.
It shall be unlawful for any owner of property who is required to connect to the water system pursuant to Subsection B below to construct or maintain any well or similar facility intended or used to provide water within the Township.
B.
Each owner of any new development within close proximity to an existing
City of Bethlehem public water system infrastructure shall be required
to be serviced by the City of Bethlehem. The determination of close
proximity shall be made by the Township, upon review, on a case-by-case
basis, and shall consider the scale of the development, the distance
to available City of Bethlehem water system infrastructure, and the
capacity of the City of Bethlehem Water System to provide adequate
service. Any new building (other than a new building either primarily
agricultural or accessory to a primarily agricultural use as defined
in the Zoning Ordinance[1]) situate on property abutting on any street, alley or
right-of-way in which there has been constructed a water main and
where any part of such development or building is within 150 feet
of said water main and is accessible thereto shall, at his own expense,
install a suitable water service line and connect such line directly
with such water service connection or water main in accordance with
the provisions of this article and prior to the issuance of any certificate
of occupancy by the Township. In the event any owner changes the use
of an existing building (except to an agricultural use as defined
in the Zoning Ordinance) which results in an increase in water demand,
and said building is within 150 feet of a water main and is accessible
thereto, said owner shall install a suitable water service line and
connect such line directly with such water service connection or water
main in accordance with the provisions of this article. In the event
any such owner shall refuse or neglect to so connect as set forth
in this section within 90 days after the date of official notice to
do so, given in the manner provided by law, he shall be deemed to
be in violation of this article, and the proper officers of the Authority,
or their agents, may enter upon such property and construct such connection.
In such case, the Authority officers shall forthwith, upon completion
of the work, send an itemized bill of the cost of the construction
of such connection to such owner, which bill shall be payable forthwith.
In case of neglect or refusal by such owner to pay said bill, within
30 days thereafter, it shall be the duty of the Authority officers
to follow whatever rules and regulations they have in place for the
collection of said costs, including, but not limited to, the filing
of municipal liens.
[Amended 7-8-2015 by Ord.
No. 2015-05]
C.
There is hereby reserved to the Township the right
to refuse to any person the privilege of connecting any occupied building
to the water system, or to compel discontinuance of the use of any
water by any person.
A.
No person shall uncover, connect with, make any opening
into or use, alter or disturb in any manner any water main or the
water sewer connection without first making application for and obtaining
a permit, in writing, from the Authority, as agent for the Township.
B.
Application to the Authority for a permit required
under this section shall be made by the owner of the property to be
served, in such form as may be prescribed by the Authority. The application
shall be accompanied by the required connection charge and tapping
fee, if any, imposed by the Authority.
C.
No person other than the Township, the Authority,
or their agents, shall make or cause to be made the connection of
any property with a water main or water service connection until such
person shall have fulfilled each of the following conditions:
(1)
Such person shall have notified the Township of the
desire and intention to connect to a water main;
(2)
Such person shall apply for and obtain a permit as
required by this article;
(3)
Such person shall have given the Township at least
24 hours’ notice of the time when such service line is to be
connected and such connection made so that the Township may inspect
the service line and the work of connection and perform necessary
testing.
(4)
Such person shall have paid in full any assessments
levied against the property in question by the Township or Authority
for the construction of said water line.
[Added 7-9-1981 by Ord. No. 81-3]
D.
Payment of the abovementioned connection charge shall
entitle the applicant to have one service connection installed to
the right-of-way line of his property at the expense of the Authority,
including repairing. All costs of constructing a longer service connection,
and all costs and expenses in connecting such service connection to
a service line shall be borne by the owner of the property to be connected;
and such owner shall indemnify and save harmless the Township and
the Authority from all loss or damage that may be occasioned, directly
or indirectly, as a result of the construction which the owner is
required to perform.
E.
Whenever the surface of any public street, sidewalk
or cartway is disturbed by the construction of a service line, it
shall be the responsibility of the applicant for a connection to obtain
street opening permits from the Township, or highway occupancy permits
from the Pennsylvania Department of Highways. Unless otherwise required,
all surfacing materials must be restored in kind, thickness and construction
to the satisfaction of the Township and of the Department of Highways,
as the case may be.
The Township Engineer, the Authority engineer
and other duly authorized representatives or employees of the Township
bearing proper credentials and identification shall be permitted,
at all reasonable times, to enter upon any premises connected or about
to be connected or required to be connected to the water system for
the purpose of inspection, observation, measurement, sampling and
testing in accordance with the provisions of this article.
No person shall maliciously, willfully or negligently
damage, destroy, deface, block or otherwise tamper with any water
main or any other structure or equipment which is part of the water
system, or discharge any substance into the water system contrary
to or in violation of the resolution of the Authority imposing water
rates which, inter alia, prohibits discharge of wastes into the water
system and provides for rules and regulations.
A.
Any person who shall violate any provision of this article other than §§ 242-6 and 242-7 shall be served by the Township with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. (The notice provided in § 242-4B above being deemed to be notice of a violation for this purpose in respect of violations of such section.) The offender shall within the period of time (if any, otherwise forthwith) stated in such notice permanently cease all violations.
B.
Any person who shall continue any violation beyond the time limit fixed as provided for in Subsection A shall, upon conviction in a summary proceeding brought before a District Justice 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 costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
C.
Any person who shall violate any provision of §§ 242-6 and 242-7 shall, upon conviction in a summary proceeding brought before a District Justice 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 costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
D.
All fines and penalties imposed for violation of any
provision of this article shall be paid to the Treasurer of the Township
for the use of the Township.
E.
Any person violating any of the 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
by the Township by reason of such violation.
