[HISTORY: Adopted by the Borough Council of the Borough of New Freedom as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-28-1978 by Ord. No. 1978-2 (Ch. 26, Part 1, of the 1983 Code of Ordinances); amended in its entirety 12-13-2004 by Ord. No. 2004-8]
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
BOROUGH WATER SYSTEM
All storage tanks, water mains and all other facilities owned or leased or operated by the Borough for the collection and treatment of water distribution of water within the Borough.
COMMERCIAL ESTABLISHMENT
A parcel of real estate or a portion of a parcel of real estate which is intended to be used for carrying on a trade, business or profession, or for social, religious, educational, charitable or other public uses.
INDIRECT CONNECTION
An additional service unit connection connected indirectly to the Borough Water system by connection to an existing service line.
INDUSTRIAL ESTABLISHMENT
A parcel of real estate or a portion of a parcel of real estate which is intended to be used in whole or in part for the manufacture, conversion or assembly of any product, commodity or article.
MINOR COMMERCIAL ESTABLISHMENT
A parcel of real estate or a portion of a parcel of real estate which is intended to be used for carrying on a trade, business, or profession, or a social, religious, educational, charitable or other public use, and which employs no more than one employee, owners not included.
OWNER
The owner of a property.
PROPERTY
A parcel of real estate containing one or more commercial establishments, industrial establishments or residences, or any combination of commercial establishments, industrial establishments and residences.
RESIDENCE
A parcel of real estate or a portion of a parcel of real estate which is intended to be used for continuous or periodic habitation by human beings in a single-family unit.
SERVICE UNIT
A residence, commercial establishment or industrial establishment which is lawfully connected directly or indirectly to the Borough water system and to which water service is being or may be provided from the Borough water system.
A. 
Applicability. The provisions set forth in this section shall apply whenever the owner of any property shall connect, directly or indirectly, a service unit located on his property with a main constituting a part of the Borough water system; and there shall be no connections except in accord with this article.
B. 
The procedure and conditions for connection are as follows:
(1) 
Upon application by the owner on a form supplied by Borough (which must be accurately completed) and the payment of the tapping fee and system development fee and inspection fee imposed in § 212-4, the Borough will issue a permit allowing the owner to construct the service line from its main, to and including the curb stop and box if they shall not have been previously constructed, and, provided that the water system of the service unit, including the service line from the curb stop and box to the service unit (all of which must have been installed by the owner at his own cost and expense), have been connection of the last mentioned service line. The Borough's obligation is further conditioned upon there having been compliance with all applicable laws, ordinances and regulations regarding the property to be served and the proposed use of the property being in compliance.
(2) 
Indirect connection of additional service units. If additional service units which have not been the subject of such an application or for which tapping fees and system development fees and inspection fees have not been paid are proposed to be connected indirectly to the Borough water system by connection to an existing service line which is lawfully connected to the curb stop and box, the indirect connection shall not be made without written authorization of the Borough which shall be given upon application by the owner and payment of the tapping fee, system development fee and inspection fee.
C. 
Ownership of service line. The service line, from the main to and including the curb stop and box, shall be the property of, solely accessible to, and under the sole control of the Borough which shall maintain it. The owner shall own, control and maintain all of the lines, facilities and appurtenances from the compression fitting on the customer side of the curb stop.
D. 
Location of curb stop and box. The precise location of the curb stop and box shall be determined by the Borough. It shall be located at the edge of the street right-of-way or easement.
E. 
No connection of nonabutting property unless main extended at owner's cost. Anything to the contrary in this article notwithstanding, a service line from the main to the curb stop and box will not be constructed unless the property to be served abuts, and the main lies within, the portion of a public street or easement for water facilities lying between.
(1) 
In the case of a curved portion of a street or easement, the radii extending from both extremities of the arc of the limit of the right-of-way on the opposite side of the street or easement from the property to the center of the imaginary circle of which the arc is a part.
(2) 
In the case of a straight portion of a street or easement, lines projecting perpendicularly from the limit of the right-of-way of the street or easement at the points of intersection by the boundary lines of the property to the opposite limit of the street or easement right-of-way, unless the main is extended at the cost of the owner as set forth in § 212-5.
F. 
The owner of each property abutting on any street or easement in which there is a water main constituting a part of the Borough water system shall connect each service unit located on his property to such main when the distance between such service unit and such main is not more than 150 feet. Such connection shall be made within 45 days' notice of any ordinance requiring a water connection, and, upon failure of the owner to make the required connection, the Borough may make the connection and collect the cost from the owner by a municipal claim or in an action of assumpsit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The entire water system of the property on the discharge side of the curb stop and box shall be constructed, at the expense of the owner, in a good and workmanlike, watertight condition, free of defects, in accord with the following:
A. 
Connection to curb stop and box. Connection to the Borough's service line at the curb stop and box shall be made only by the Borough, unless authorized in writing by the Borough, and no person shall make a connection unless so authorized.
B. 
Design, materials and construction. The water system of the property shall be of such design, materials and construction as may at the time be specified by a resolution or ordinance adopted by Council.
C. 
Separate shutoff valves in multiunit properties. Anything to the contrary in this article or in any other applicable law, ordinance or regulation notwithstanding, in the case of a property in or on which there shall be located more than one service unit, there shall be a separate shutoff valve for each service unit, so that water service to each unit may be discontinued by the Borough without stopping flow to other units. In the case of service units in existence at the date of enactment of this article, the Borough may permit such modification of this requirement as it deems reasonable in light of the value and earning capacity of the property in or on which the units are located as it will serve the general public welfare. The shutoff valve shall be situated at a location conveniently accessible at all times to, and subject to the sole operation and control of Borough's officers, agents and employees. The location of the shutoff valve shall be other than inside the unit controlled by it, and, in the case of a multistory building, on the floor nearest to the grade level of the exterior footpaths leading to the entrance close to the location. The location, design and construction of the valve shall be such as has been approved in advance by the Borough.
D. 
Inspection before covering. The service line on the discharge side of the curb stop and box shall not be covered until it has been inspected for compliance with applicable regulations by the Borough. If any part of a service line is covered before being so inspected and approved by the Borough, it shall be uncovered for inspection at the cost of the owner. The owner shall schedule an inspection with either the Borough office or Borough Water Department at least 24 hours in advance during normal business hours.
E. 
No third-party rights created by inspection. Any inspections of the water system of a property made or required by this article or otherwise to be made by the Borough are for the sole benefit of Borough as owner and operator of the Borough's water system and create no obligations to or rights in any other party.
A. 
Imposition of tapping fee. The Borough shall charge a tapping fee, in the amount computed as set forth below, against the owner of any property whenever the owner connects, directly or indirectly, a service unit located on or in his property with a water main constituting a part of the Borough water system. The tapping fee is charged for connection for each service unit.
B. 
Amount of tapping fee. The tapping fee shall be:
(1) 
Residence. For each residence located or proposed to be located upon the property, which will or may be connected directly or indirectly to the water main by the connection, the total of the amounts are determined as follows:
(a) 
Basic component.
[1] 
The amount shall be set by ordinance. The current fee is $1,335.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[2] 
Whenever the service line has not been constructed, the amount set forth in Subsection B(1)(a)[1] above shall be increased to an amount equal to the Borough's actual expenditures in making the construction.
(b) 
Cost of expansion component.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1] 
To defray the cost incurred or estimated to be incurred by the Borough incidental to construction and acquisition of water supply, treatment, transmission and distribution facilities, in connection with the expansion and improvement of the general capacity of the Borough's water system necessary to enable it to service the anticipated new customers of the water system, the amount shall be set by ordinance. All monies received on account of that amount shall be placed in a water system expansion capital reserve fund, which is hereby created, and shall be expended only for defraying these costs.
[2] 
Anything to the contrary in this Subsection B(1)(b) notwithstanding, the cost of expansion component imposed herein shall not apply in the case of the connection of a service unit in regard to which and to the extent that an amount equal to the amount otherwise due hereunder shall have been paid on account of the service unit by a developer or subdivider under § 700(D)(2) or (2.1) of the New Freedom Borough Chapter 194, Subdivision and Land Development Ordinance.
(c) 
Severability. The components of the tapping fee set forth in Subsections B(1)(a) and (B) above shall be severable, and the invalidity of the one shall not affect the other.
(2) 
Commercial or industrial establishment. For each commercial establishment or industrial establishment located or proposed to be located upon the property, which will or may be connected directly or indirectly to the water main by a connection, the amount of the product obtained by multiplying the amount computed in accord with Subsection B(1) above after substituting the words "commercial establishment and each industrial establishment" for the "residence" by the number obtained by dividing the average number of gallons of water to be used per day by such commercial or industrial establishments by 350. If all of the commercial or industrial establishments shall have not been in operation for a period of at least six months, the average daily water usage shall be estimated by the officer receiving the application and the amount payable as required in Subsection C below, shall be based thereon. After all of these commercial establishments and industrial establishments have been in operation for a period of six months, the actual average daily water usage during that period shall be determined and the amount shall be recomputed on that basis, and any excess of the payment over the recomputed amount shall be refunded to the party making payment and any deficiency paid by that party to the Borough within 30 days of recomputation. Anything to the contrary notwithstanding, the amount of the tapping fee imposed hereunder for a commercial or industrial establishment shall not be less than the imposed on a residence under Subsection B(1).
C. 
When due and payable. The tapping fee charged in this section shall be due and payable at the time a person obtains the water connection permit.
D. 
Lien. If the tapping fee imposed by this section is not paid as required, it shall be considered delinquent and a penalty shall be assessed at the highest rate allowed by law which shall be added to the amount due, and the amount of the tapping fee and the amount of the penalty shall become the gross delinquent amount due. The delinquent gross amount due shall be a lien on the property serviced, and such lien shall be filed against the aforesaid property in the Office of the Prothonotary of York County, Pennsylvania, and shall be entered and collected in the manner as provided by law for the filing and collection of municipal claims. The liened amount shall include all penalties, costs and attorney's fees associated with the collection of the delinquent account and shall accrue interest at the highest rate allowed by law. The attorney's fees and costs associated with the collection of delinquencies shall be adopted from time to time by resolution of Borough Council.
[Amended 7-11-2011 by Ord. No. 2011-2]
E. 
In addition to the aforementioned lien process, the payment of tapping fees and any charge(s) imposed hereunder may be enforced by the Borough in any other manner appropriate under existing laws at the time they become due and payable.
[Added 7-11-2011 by Ord. No. 2011-2]
A. 
Applicable provisions. If an owner desires to connect a property to a main constituting a part of the Borough water system and the extension of a main at the expense of the owner is required under the provisions of § 212-2E, the following provisions shall apply:
(1) 
Mains will be extended only within the rights-of-way of streets which have been adopted as public streets. This shall not prevent the Borough, however, from permitting a subdivider, under Borough subdivision and land development regulations, to construct mains to serve properties which the Borough may take over and adopt under these regulations.
(2) 
All costs in connection with or incidental to the construction of the extension, including by way of example and not limitation labor, machinery, materials, fees of the Borough Engineer in connection with preparation or review of plans and specifications and inspection during construction, legal fees and premiums for bonds and insurance, shall be borne by owner.
(3) 
All extensions of mains shall be constructed according to such design, specifications and materials, as well as under such terms and conditions, and the same shall be performed by the owner at his own cost and expense, subject to inspection by the Borough Engineer or his designee for conformity to the plans and specifications, and the facilities so constructed, transferred to and adopted by the Borough, all as in the exercise of its discretion, Council shall deem to protect the general public welfare.
B. 
Adequacy of water sources. Anything to the contrary notwithstanding in this article or elsewhere, no main shall be extended unless Council, in the exercise of its discretion, shall determine that the source or sources from which it receives its supply of water are adequate to meet the anticipated demand as increased by the connections to the extension.
A. 
Application required to secure service. Water service will be furnished to a service unit only upon written application of the owner of the property on a form furnished by the Borough which must be accurately completed. The Borough may, however, refuse to furnish water service if there exists a ground for refusing to connect a property to the Borough water system, if it were not connected, or to terminate service if service were being rendered.
B. 
Application required in change of ownership or in character of service unit. A new application must be made upon any change in ownership or change in character of a service unit, and the Borough may discontinue water service in accord with the procedures set in § 212-10 upon the continued failure to make such application.
C. 
Owner and users of water bound by rules and regulations:
(1) 
The owner of a property, by making application to the Borough for the connection of the property to the Borough's water system, or by permitting such connection to continue, or by accepting a transfer of title to a property connected to the Borough water system; and
(2) 
A person, including by way of example and not limitation an owner or an occupant of a property, by occupying all or part of a property to which water is being, or as been during his occupancy, served by the Borough water system, or by entering into or accepting an assignment of an agreement or lease affecting all or part of such a property; and
(3) 
A contracting occupant, by agreeing to be jointly and severally liable for bills for water rates, rentals and charges, is deemed to covenant and agree to be subject to, bound by and comply with all regulations governing water service, whether set forth in this section or elsewhere, which may be in effect from time to time.
A. 
Imposition. Water rates or rentals or charges, as set forth below, are imposed upon and shall be collected from the owner of each property which shall be connected with the water system for water service to a property, whether directly or indirectly, which rates, rentals or charges shall commence and shall be effective as of the date of connection of each property to the water system and shall be payable and collectible as provided in this section. Water rates, rentals, or charges, as set forth below may be amended from time to time by resolution of Borough Council.
[Amended 12-13-2021 by Ord. No. 2021-8]
B. 
Computation. Water rates, rentals or charges are based on the quantity of water served, as determined from time to time by resolution of the Borough Council, and shall be for the following:
[Amended 10-17-2005 by Ord. No. 2005-11; 12-11-2006 by Ord. No. 2006-10; 11-12-2007 by Ord. No. 2007-7; 11-10-2008 by Ord. No. 2008-2; 10-19-2009 by Ord. No. 2009-4; 10-18-2010 by Ord. No. 2010-2; 7-11-2011 by Ord. No. 2011-2; 10-17-2011 by Ord. No. 2011-3; 12-10-2012 by Ord. No. 2012-8; 11-18-2013 by Ord. No. 2013-6; 10-20-2014 by Ord. No. 2014-3; 11-9-2015 by Ord. No. 2015-3; 10-16-2017 by Ord. No. 2017-1B; 7-9-2018 by Ord. No. 2018-3; 10-15-2018 by Ord. No. 2018-4; 10-21-2019 by Ord. No. 2019-1B; 10-19-2020 by Ord. No. 2020-3; 12-13-2021 by Res. No. 2021-13; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Residence. For each residence located on a property which constitutes a service unit.
(2) 
Commercial, industrial or nonresidential use. For each commercial, industrial or nonresidential establishment located on a property which constitutes a service unit.
(3) 
Separate charges. A separate charge shall be made for each service unit located in or on a property in accordance with the schedule of rentals, rates and charges established under Subsection B(1) and (2) above.
C. 
Time and method of payment.
[Amended 9-17-2007 by Ord. No. 2007-4; 7-11-2011 by Ord. No. 2011-2]
(1) 
Water rentals or charges imposed by this chapter shall be billed on a quarterly basis on dates determined by the Borough and shall be due and owing within 30 days of the date of the issuance of the bill.
(2) 
If the full amount of the bill for water rentals or charges is not paid within 30 days from the date of the billing, such amount shall be considered delinquent and a penalty shall be assessed at the highest rate permitted by law which shall be added to the amount due, and the amount of the billing and the amount of the penalty shall become the gross delinquent amount due. The delinquent gross amount due shall be a lien on the property serviced, and such lien shall be filed against the aforesaid property in the Office of the Prothonotary of York County, Pennsylvania, and shall be entered and collected in the manner provided by law for the filing and collection of municipal claims. The liened amount shall include all penalties, costs and attorney's fees associated with the collection of the delinquent account and shall accrue interest at the highest rate allowed by law. The attorney's fees and costs associated with the collection of delinquencies shall be adopted from time to time by resolution of Borough Council.
D. 
Liens for water rentals; filing and collection of liens; shutting off water if water charge is not paid.
[Amended 9-17-2007 by Ord. No. 2007-4]
(1) 
Water rentals or charges imposed by this article shall be a lien on the improved property connected to and served by the water system, and any such water rentals or charges which are not paid within three months after the beginning of each quarterly billing period shall be filed as a lien against the improved property so connected to and served by the water system, which lien shall be filed in the office of the Prothonotary of York County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collecting of municipal claims.
(2) 
If the owner of property connected to and served by the water system shall neglect or fail to pay, for a period of 30 days from the due date thereof, any rental, rate or charge for water service imposed by the Borough or Authority, such water utility is hereby authorized and required, at the request and direction of the Borough or Authority, to shutoff the supply of water to such premises until all such overdue rentals, rates and charges, together with any penalties and interest thereon shall be paid.
(a) 
In no case shall the water supply to premises be shut off until 10 days after a written notice of intention to do so has been posted at a main entrance and mailed to the person liable for payment of the rentals and charges and the owner of the property or property manager.
(b) 
If during the ten-day period the person liable for payment of the rentals and charges delivers to the Borough a written statement under oath of affirmation averring that there is a just defense to all or part of the claim and that the statement was not executed for the purpose of delay, the water supply shall not be shutoff until the claim has been judicially determined.
(3) 
In the event the Borough institutes water shutoff procedures, as provided for herein, water service shall not be restored until all charges, expenses and fees associated therewith, including but not limited to preparation of notices, postage, shutoff and reconnection charges, attorneys' fees and costs, as adopted by resolution of Borough Council from time to time, have been paid in full.
(4) 
The Borough shall have the authority to require the charges stipulated to in this article to be paid directly to the Borough office in cash, certified check or money order only.
(5) 
When a customer pays for water service by personal check and the check is returned due to insufficient funds, the customer will be charged an additional fee of $30. The unpaid amount and the fee will be payable by cash, certified check or money order only. After sufficient notice, the Borough reserves the right to specify any future payments will be cash, certified check or money order.
A. 
General procedures relating to the use of water meters are as follows:
(1) 
All water served by the Borough shall flow through a meter to measure the quantity of water, and it shall be unlawful to take water from the Borough water system that has not been so measured.
(2) 
There shall be a separate meter and readout for each service unit. In the case of service units in existence at the date of enactment, however, the Borough may permit such modification of this requirement. Notwithstanding anything to the contrary, the Borough shall have the authority to require the direct connection of preexisting indirect connections if it so determines that such connections are detrimental to the public safety, health and welfare.
(3) 
All meters and readouts will be furnished and installed by and remain the property of the Borough, except that the Borough may authorize, in writing, an owner, contractor or plumber to make such installation.
(4) 
Except as provided in this article, meters and readouts shall be maintained in good order and repair by and at the cost of Borough. The owner and any other person receiving water served to the property shall be responsible for any damage to or loss of any meter or readout arising out of or in connection with his own negligence or intentional act or that of his servants, agents, employees, members of his household, tenants, or of any other person upon the premises under or by his consent or sufferance. No one shall remove, inspect or tamper with the Borough's meter or readout, or permit anyone not an agent or employee of the Borough or otherwise lawfully authorized to do so.
(5) 
Owner and any other person receiving water served to the property shall notify at once Borough of any injury to, any cessation in registration of, any malfunctioning of, or loss of the meter or readout as soon as he has notice of it. Notice to his servants agents, employees, members of his household or tenants shall be notice to the owner.
B. 
Meter location.
(1) 
Location generally. Except as provided in Subsection B(2) below, all meters shall be situated inside the service unit being served at a convenient location approved in advance by the Borough and accessible to the Borough at all times.
(2) 
Location on multiunit properties. In case of a property in or on which there shall be located more than one service unit, all meters and readouts shall be situated at one convenient general location which shall have been approved in advance by the Borough. This location shall be on the floor nearest to the grade level of the exterior foot paths leading to the entrance closest to the meter location.
(3) 
Meter space. Except in case of an owner, contractor or plumber has been authorized in writing to install a meter, during construction, a space in the service line of the water supply system of the service unit to be served shall be left at the location approved by Borough for the installation of the meter and shall be of a size indicated by a meter spacer which shall be provided by Borough upon request.
(4) 
Backflow valves. Owner shall install in the water supply system a check valve on the discharge side of the meter and before any outlets are encountered to prevent backflow of water. The check valve to be installed shall be a double check valve approved and supplied by the Borough's Department of Public Works.
(5) 
Shutoff valve. Owner shall install in the service line on the intake side of the meter a shutoff valve. The shutoff valve shall be a quarter-turn type approved by the Borough Department of Public Works.
(6) 
Prevention of freezing. The owner and any occupant shall maintain the temperature where the meter is located adequate enough to prevent freezing of water in and about the meter.
C. 
Conclusiveness of meter reading; testing.
(1) 
Conclusiveness. The quantity of water registered by the meter shall be conclusive on all parties except and to the extent provided in Subsection C(2) below, when the meter has been tested by the Borough and found to be registering inaccurately, or in Subsection C(3) below, when the meter has ceased to register. Upon a determination of inaccuracy or upon receipt of notice of a cessation to register, the Borough will promptly replace or repair the meter.
(2) 
Meter testing; adjustment to meter register and bill.
(a) 
A party desiring that the accuracy of a meter be tested may request the Borough to do so, and the Borough may test the accuracy of a meter on its own initiative. In the event the Borough tests a meter upon the request of the property owner, and the meter is determined to be properly functioning, (within manufacturer specified tolerances) the property owner shall pay for all costs and expenses of such test. Such costs and expenses shall be included on the property owner's next bill and collected in accordance with such billing.
(3) 
Meter cessation. If a meter shall cease to accurately register, the average quantity registered during the corresponding billing periods of the three immediately preceding years as the Borough shall have records available and which shall not have previously been determined to have been inaccurate, will be used as the quantity for the billing period during all or part of which the meter has not registered.
[Amended 9-17-2007 by Ord. No. 2007-4]
A. 
Water rentals, rates or charges and tapping fees imposed by this article shall be a lien on the property connected to the water system, and any water rates, rentals or charges which are not paid when due after the gross due date of a bill for these charges, and any tapping fee not paid when due, at the discretion of the Borough, shall be filed as a lien against the property connected to and served by the water system, which lien shall be collected in the same manner provided by law for the filing and collection of municipal claims. The amount of the rates and charges for which a lien is filed in the office of the Prothonotary shall bear interest at the rate of 12% per annum, or the highest rate allowable by law, if such rate be lower, from and after the date of the filing of the lien.
B. 
Said lien amount shall include all costs, expenses and fees incurred in the collection of any delinquent account, including but not limited to reasonable attorneys' fees and costs as provided by the Municipal Claims and Lien Law. Attorneys' fees and costs shall be assessed in accordance with the schedule of fees adopted by Borough Council from time to time, which schedule is incorporated herein by reference. All notices required by the Municipal Claims and Lien Law, as amended, shall be sent by the Borough to the property owner prior to the imposition of attorneys' fees and costs, and such notice shall include the manner by which the property owner may avoid the imposition of such fees and costs.
[Amended 9-17-2007 by Ord. No. 2007-4]
A. 
For nonpayment of bills. The Borough may terminate water services in the case of a delinquent bill.
B. 
For failure to abide by rules and regulations. The Borough may terminate water service to a property or service unit on a property if there shall be in or on the property a violation of, or failure to abide by or comply with, any law, rule or regulation relating to connection to water systems or water service as may be in effect at the time, whether they are set forth in this article or elsewhere, which without limiting the generality of the above shall be deemed to include any limitation on consumption or conservation measure.
(1) 
Water service shall be restored:
(a) 
Upon compliance and payment of the fees provided for termination and restoration of service.
(2) 
Whenever water service is terminated, service shall not be restored until there is compliance with the law, rule or regulation and the fees provided herein for termination and restoration of service have been paid.
C. 
For nonpayment of sewer charges. Water service may be terminated for nonpayment of rental, rates or charges for sewage service imposed by Borough in accordance with the Borough ordinances and as provided by law.
D. 
At request of owner. Upon written application of the owner, or his agent who has been authorized in writing to do so, on a form supplied by the Borough, the Borough shall, within two days, terminate water service, read the meter and prepare and render a bill. In the application for termination, the owner shall state whether or not the service unit which is the subject of the application is occupied by a person other than the owner and if so, his name, and if that other person has not joined in the application, the Borough shall cause written notice that service shall be terminated at owner's request after 30 days from the date of mailing to be mailed to that other person in the same fashion as a bill and the termination, meter reading and bill rendition shall not be accomplished until 30 days after the date of mailing. There shall be no proration of any applicable minimum charge for the billing period during which the termination occurs. The bill shall include the amount of the termination fee set forth in § 212-12. The bill shall be due and payable on rendition and shall become delinquent if not paid within 30 days of rendition.
E. 
Repairs; emergencies.
(1) 
Anything to the contrary notwithstanding, Borough shall have the right to temporarily terminate water service in order to make repairs, connections, and perform other functions relating to the construction and maintenance of the Borough water system or the furnishing of water service. The Borough shall give public notice as it deems to be reasonable under the circumstances of any temporary termination and shall exercise reasonable diligence to minimize the period of such termination.
(2) 
Anything to the contrary notwithstanding, the Borough may terminate service without notice in case of an emergency, including by way of example and not limitation breaks in its mains or malfunctioning of other facilities constituting a part of its water system, or contamination. The Borough shall exercise reasonable diligence to minimize the period of such termination.
The Borough, by its officers, agents and employees, shall have the right of access, at reasonable times, to any part of a property connected, directly or indirectly, to a main which is part of the Borough's water system in which any part of the water system of the property is located for the purpose of inspection, observation, measurement, sampling and testing to determine whether or not there is observance of the applicable rules and regulations relating to the water system of the property and use of water, and for the performance of other functions relating to water service, including by way of example and not limitation posting notices, discontinuing service and repairing, removing or replacing meters.
A. 
The owner of property wherein a single check valve has been installed shall provide the Borough, its officers, agents and/or employees reasonable access to his/her property for the purpose of installing a double check valve. Failure to permit access to the owner's property or to schedule an inspection within the time frame set forth in the Borough's written notification shall be deemed a violation of this regulation. Except as noted below, the installation of the double check valve shall be at the expense of the Borough. The Borough shall retain ownership of the double check valve and any associated meter or appurtenance.
B. 
In the event there is inadequate space in the service line to allow the Borough to install the double check valve, the owner, at his/her own cost and expense, shall provide a space in the service line of the water supply system of the service unit to be served at location approved by Borough for the installation of the meter/check valve and shall be of a size indicated by a meter/check valve spacer which shall be provided by the Borough upon request.
[Amended 9-17-2007 by Ord. No. 2007-4]
A. 
The Borough shall impose fees for services as follows:
(1) 
Terminating water service: as provided by resolution of the Borough from time to time.
(2) 
Restoring water service: as provided by resolution of the Borough from time to time.
(3) 
Replacing meter when removed because of damage for which the owner or any other person is responsible shall be billed, in addition to the charge incurred to the meter, at the actual cost and expense incurred by the Borough.
B. 
The amount of the above fees may be changed, and fees for other services may be imposed, from time to time, by resolution of Council.
A. 
Limitations on consumption.
(1) 
In service unit only. Water furnished to a service unit is for consumption on the unit and the conveyance of water from it is prohibited.
(2) 
Conservation measures. The Borough may, from time to time, by resolution of Council, impose limits on consumption or conservation measures that, in the exercise of Council's discretion, appear to be necessary to protect the general public welfare.
B. 
Water system in good condition. The water system of a property and each service unit located on a property shall be maintained in a good, watertight condition so as to prevent leakage and in accord with the provisions of such resolution or ordinance adopted by Council as may be in effect from time to time.
C. 
Cross-connection. The cross-connection between a pipe and fixture carrying water supplied by the Borough and a pipe or fixture carrying water from any other water source is prohibited.
D. 
Source of water. No water shall be used upon a property, except that furnished by the Borough, except in cases as Council, in the exercise of its discretion, may deem appropriate to protect the general public welfare. All wells on properties served by the water system must be capped and abandoned.
E. 
Anything to the contrary notwithstanding, Council may, as in the exercise of its discretion appears to be necessary to protect the general public welfare, upon consideration of the demand or anticipated demand from the service unit and the Borough's source of supply, refuse to furnish water service or limit the quantity of water furnished to a service unit or prospective service unit.
F. 
Interpretation; regulations. Council may, from time to time, by resolution issue interpretations or regulations interpreting or implementing the provisions of this article.
A. 
Any person who shall violate this article or any rule or regulation promulgated under this article (which without limiting its generality shall be deemed to include any limit on consumption or conservation measure) 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 York County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Fines and costs imposed under provisions of this article shall be enforceable and recoverable in the manner and at the time provided by applicable law.
It is declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Borough.[1]
[1]
Editor's Note: Former Art. II, Water Conservation, of the 2010 Code, adopted 9-11-2000 by Ord. No. 2000-4 (Ch. 26, Part 3, of the 1983 Code of Ordinances), as amended, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).