[HISTORY: Adopted by the Borough Council
of the Borough of Bell Acres as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-13-1993 by Ord. No. 162]
[Amended 5-9-1994 by Ord. No. 167]
A.
Any owner of property situate within the Borough of
Bell Acres benefited, improved and accommodated by any waterline located
within 250 feet of a structure or building on the property, measured
from the center line of the physical cartway of the road in the right-of-way
in which the waterline is located, shall connect the buildings or
structures erected on such property to the waterline at the proper
cost to the owner within 60 days after notice to do so. Upon failure
to make such connections, the Borough may make the same and collect
the cost thereof from the owner by municipal claim or by an action
of assumpsit, in the discretion of the Borough. "Structure or building"
shall include only those intended for continuous or periodic habitation,
occupancy or use by human beings.
B.
The Borough Manager is hereby directed to have the
same notice prepared and served promptly upon the owners of all properties
benefited, improved and accommodated by any waterline. This notice
may be given at any time after the construction of any waterline is
completed and the waterline is capable of delivering water to the
particular property and to make return of service of said notice to
the Borough Council.
No connection shall be made to any part of the
system of waterlines unless and until a written permit is granted
therefor, signed by the Borough Manager, which permit shall be issued
upon application in such form as may be required. Where it shall be
necessary to open any street in the Borough in order to make such
connection, no such permit shall be issued until the applicant therefor
shall have obtained any permit required by any other ordinance of
the Borough for making an opening or excavation in or under a street
and shall have met any conditions and paid any fee prescribed for
such permit. No connection shall be made to any Borough waterline
or service lines by any person until notice of where to connect has
been given by the Borough Manager; no system of house plumbing shall
be connected with any service line until the whole system of house
plumbing has been examined and approved by the Borough Manager. Any
street, sidewalk or other public property disturbed in the course
of installation of a connection shall be restored, at the cost and
expense of the owner, in a manner satisfactory to the Borough.
In making connections, all trenches shall be
entirely protected and safeguarded by barriers, lights or other protective
devices necessary to ensure the safety of the public and shall be
refilled and tamped to the same condition as before opening and so
maintained, and the owner of the property and the contractor, if any,
shall be jointly and severally liable for injury to the Borough's
waterline or to any person or to any property by reason of the making
of said connections. No connection shall be covered until it has been
inspected and approved by the Borough.
A.
The Borough Manager (or the Borough Engineer) shall
have complete control over the sizes and kinds of pipes to be used
and the manner of laying pipes and connecting joints and also the
number of connections when more than ordinary service is required,
and he may require extra connections and extra-size pipe where necessary
in his opinion or to conform to the plumbing, building or other applicable
codes or ordinances or rules and regulations.[1]
B.
The Borough shall have the right to perform ordinary
and regular inspections and testing of the water system, including
the water pipes and service lines. The Borough may enter on private
property to accomplish said inspections and testing with reasonable
notice to the occupants of said property.
No person shall be permitted to open a portion
of a street or connect with any Borough waterline or service line
until the persons doing the work have satisfied the Borough Manager
that they are capable of performing the work according to the standards
required by this article and by the plumbing, building and other applicable
codes or ordinances or rules and regulations.[1] The Borough Manager may cause to be stopped any piece
of work if the same is not being done in a skillful and workmanlike
manner and in accordance with the standards set forth herein and in
the Plumbing Code and any other applicable ordinances or codes or
rules and regulations.
The same procedures as set forth above are required
in the case of repairs, alterations and additions as are required
in making original connections.
A.
Any person, partnership or corporation violating any
provisions of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 and costs of prosecution or,
in default of payment of such fine and costs, to undergo imprisonment
for not more than 30 days, provided that each violation of any provision
of this article and each day the same is continued shall be deemed
a separate offense.
B.
If a nuisance exists because of failure to comply with this article and, in particular, § 162-3 hereof, the Borough may require such person to abate the nuisance within 30 days of the receipt of written notice from the Borough. If such person fails to abate the nuisance, the Borough may cause the nuisance to be abated and collect the cost thereof, together with a penalty of 10% of such cost, from the landowner of the property, in accordance with applicable law.
C.
The collection of the cost of abatement or repair
and any associated or other penalty under the provisions of this article
shall not be construed as stopping the Borough from proceeding in
courts of law or equity to abate, restrain or enjoin conduct forbidden
under this article or from abating the nuisance under existing law.
It is hereby declared to be the purpose of this article to provide
additional and cumulative remedies, and nothing in this article shall
in any way abridge or alter rights of action or remedies now or hereafter
existing in equity or under the common law or statutory law, including
the right of the Borough to lien affected property under the Municipal
Claims and Tax Liens Law, 53 P.S. § 7101 et seq.
The Borough may adopt, from time to time, by
resolution, additional rules and regulations which it shall deem necessary
relating to connections with its waterlines. These rules and regulations,
where appropriate, shall be construed as part of this article.
No building or structure or lot located in the
Borough of Bell Acres, which is not on the effective date of this
article connected with the waterlines constructed, owned or leased
by the Borough, shall hereafter become so connected, directly or indirectly,
except in accordance with a permit issued by the Borough Manager and
payment to the Borough of the fees or fees hereinafter provided.
The Council shall have the power to waive the
waterline connection permit fee in cases where, by reason of the contribution
made by owners of lots to the costs of the water systems located within
or outside the Borough serving such lots, collection of such fees
would, in the opinion of the Council, be inequitable.
No waterline from any building or structure
may be connected to any waterline owned, operated or leased by the
Borough, nor may a connection be made to an existing lateral which
connects to such a waterline, without the builder, developer or owner
of the building or structure first submitting an application for and
obtaining a connection permit from the Borough Manager or an authorized
representative of the Manager.
Prior to the issuance of any connection permit,
the applicant, or his or her authorized representative, shall pay
to the Borough of Bell Acres a permit fee in accordance with the Schedule
of Fees as from time to time established or amended by the Borough
Council.[1]
The Borough may delegate some or all of its
responsibilities hereunder to a municipal authority or water company.
In case of such a delegation, the procedures, fees, etc., of the authority
or company will apply to the extent that they conflict with those
contained herein.
