[HISTORY: Adopted by the Borough Council of the Borough of
Quarryville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-1-2003 by Ord. No. 349]
[Borough Council adopted Ord. No. 349 as the Wellhead Protection
Plan Ordinance of the Borough. The full text of the ordinance is on
file in the Borough offices.]
[Adopted 1-3-2017 by Ord. No. 420]
[1]
Editor's Note: Former Art. II, Water Rates and Regulations,
adopted 11-3-2008 by Ord. No. 374, as amended, was repealed 11-7-2016 by Ord. No. 418.
A.Â
The owner of any property having erected thereon one or more private
dwellings or living units, commercial structures or industrial structures,
the principal building of which is located within 150 feet of the
water system shall be required to connect to and use the Authority's
water system subject to the rates, rules and regulations established
by the Authority.
B.Â
As from time to time water service becomes available to additional
properties within the Borough by reason of the improvement of properties
accessible to the water system, or by reason of the construction of
extensions to the water system, the owner of each additional property
having erected thereon one or more private dwellings or living units,
commercial structures or industrial structures, the principal building
of which shall be located within 150 feet of a water line of the water
system, shall be required to connect to and use the Authority's
water system subject to the rates, rules and regulations established
by the Authority.
C.Â
No person shall uncover, connect with, make or open into, or use,
alter or disturb, in any manner, the water system without first making
application before and securing a permit, in writing, from the Authority
and paying all applicable permit fees and connection and tapping fees
in accordance with rates, rules and regulations established by the
Authority.
D.Â
The Authority shall provide notice to the owner of any property that
is required to connect to the water system in accordance with this
article that such owner is required to connect to the water system
within 45 days or the Authority will be authorized to connect and
collect from the owner the fees for connection.
E.Â
The Authority is authorized to connect a property to the water system
if, upon giving the owner of the property 45 days' notice of
this article and the owner's requirement to connect, the owner
has not made the required connection. In such case, the Authority
will be authorized to collect from the owner the cost of connection,
in addition to court costs and attorneys' fees, in any manner
permitted by law.
The Authority has established rates, rules and regulations applicable
to all connections to the water system, which rates, rules and regulations
are incorporated herein by reference, and the Authority is authorized
to amend such rates, rules and regulations as it deems necessary.
The Authority, and the Borough pursuant to its management responsibilities,
are authorized to enforce the requirements of this article.
In addition to any other legal remedy available to the Borough
and the Authority, for each violation of the provisions of this article,
the owner, agent, lessee or contractor or any other person who commits,
takes part in or assists in any such violation shall be liable upon
conviction thereof in a summary proceeding to pay a fine of not less
than $200 nor more than $1,000 for each offense, together with the
costs of prosecution and attorneys' fees. Each day or portion
thereof in which a violation exists shall be considered a separate
violation of this article, and each section of this article which
is violated shall be considered a separate violation. In default of
payment of such fine, such person shall be liable to imprisonment
for a period not exceeding 30 days.
Except to the extent inconsistent herewith, each and every other
provision of the ordinances and resolutions of this Borough shall
remain in full force and effect as previously enacted or adopted and
amended.
The provisions of this article are severable, and if any section,
sentence, clause, part or provision hereof shall be held to be invalid,
illegal or unconstitutional by a court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this article.
It is hereby declared to be the intent of Council that this article
would have been adopted if such illegal, invalid or unconstitutional
section, sentence, clause, part or provision had not been included
herein.
This article shall take effect and be in force from and after
its approval in accordance with law.
[1]
Editor's Note: Former Art. III, Tapping Fee, adopted 12-2-2013
by Ord. No. 404, consisting of §§ 398-16 through 398-30;
and Former Art. IV, Water Mains, adopted 5-7-2016 by Ord. No. 417,
consisting of §§ 398-31 through 398-34, which immediately
followed this section, were repealed 11-7-2016 by Ord. No. 418.
