[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; amended in its entirety 12-13-2004 by Ord. No. 2004-8 (Ch. 26, Part 1, of the 1983 Code of Ordinances)]
Unless the context specifically and clearly
indicates otherwise, the meaning of terms and phrases used in this
article shall be as follows:
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.
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.
An additional service unit connection connected indirectly
to the Borough Water system by connection to an existing service line.
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.
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.
The owner of a 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.
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.
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 in not more than 150 feet.
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 resolution.
[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.
[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 resolution. 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 Subdivision and Land Development Ordinance.
(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 according to Subsection B(1) and (2), and are as follows:
(1)
Residence. For each residence located on a property
which constitutes a service unit:
[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]
(a)
From and after February 1, 2021, the rates,
rentals or charges shall be as follows:
[Amended 10-19-2009 by Ord. No. 2009-4; 10-18-2010 by Ord. No.
2010-2; 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[1]]
|
Quantity of Water Use
|
Rates per Quarter
|
|---|---|
|
First 5,000 gallons of metered water or part
thereof
|
$65, plus:
|
|
Excess over 5,000 gallons of metered water
|
$12 per 1,000 gallons of metered water over
5,000 gallons
|
|
Excess over 50,000 gallons of metered water
|
$13 per 1,000 gallons of metered water over 50,000 gallons
|
[1]
Editor's Note: This resolution shall be effective 1-1-2022
for all bills dated on or after that date.
(2)
Commercial, industrial or nonresidential use. For
each commercial, industrial or nonresidential establishment located
on a property which constitutes a service unit:
[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]
(a)
From and after February 1, 2021, the rates,
rentals or charges shall be as follows:
[Amended 10-19-2009 by Ord. No. 2009-4; 10-18-2010 by Ord. No.
2010-2; 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[2]]
|
Quantity of Water Use
|
Rates per Quarter
|
|---|---|
|
First 5,000 gallons of metered water or part
thereof
|
$65, plus:
|
|
Excess over 5,000 gallons of metered water
|
$12 per 1,000 gallons of metered water over
5,000 gallons
|
[2]
Editor's Note: This resolution shall be effective 1-1-2022
for all bills dated on or after that date.
(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 set forth in Subsections B(1) and (2) above.[3]
[3]
Editor’s Note: Former Subsection B(4), regarding delinquent
charges, which immediately followed this subsection, was repealed
7-11-2011 by Ord. No. 2011-2.
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.
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 be liable, upon summary conviction,
to a fine of not more than $1,000 and/or to imprisonment for a term
not to exceed 90 days. Every day that a violation of this article
continues shall constitute a separate offense.
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.
[Adopted 9-11-2000 by Ord. No. 2000-4 (Ch. 26, Part 3, of the 1983 Code of Ordinances)]
No water shall be provided for internal or external use to any building or structure of any kind, whether public or private, which is constructed or remodeled, and in which plumbing, water piping or other water fixtures are to be installed, extended or altered in any way, and for which a construction permit is required to be obtained from the Borough of New Freedom, unless the new, extended or altered plumbing, water piping and other water fixtures therein conform to requirements and standards set forth in § 212-17 of this article. The provisions of this article shall apply to any such building or structure for which such a building permit is issued, or would otherwise be required to be issued, but for such an exemption, on or after September 11, 2000.
A.
Water
closets and associated flushing mechanisms. The water consumption
of water closets shall not exceed an average of 1.6 gallons per flush
cycle over a range of test pressures from 20 psi to 80 psi (pounds
per square inch). Such fixtures shall perform in accordance with the
test requirements at ANSI A112.19.2M and ANSI A112.19.6M.
B.
Urinals
and associated flushing mechanisms. The water consumption of urinals
shall not exceed an average of 1.5 gallons per flush cycle over a
range of test pressures from 20 psi to 80 psi. Such fixtures shall
perform with the test requirements of ANSI A112.19.2M and ANSI A112.19.6M.
C.
Showerheads.
Discharge rates for showerheads shall not exceed three gallons of
water per minute over a range of test pressures from 20 psi to 80
psi. Such fixture shall perform in accordance with the test requirements
of ANSI A112.18.1M.
D.
Faucets.
Sink and lavatory faucet discharge rates shall not exceed three gallons
of water per minute over a range of test pressures from 20 psi to
80 psi. Such fixture shall perform in accordance with the test requirements
of ANSI A112.18.1M.
The performance standards set forth above in § 212-17 shall not apply to fixtures and fittings such as emergency showers, aspirator faucets, and blowout fixtures that, in order to perform a specialized function, cannot meet the specified standards.
Any person(s) may apply to the Borough of New
Freedom for an exemption to the provisions of this article, which
may be granted by the Borough Council upon proof that some other device,
system or procedure will save as much or more water as those set forth
herein, or that the provisions set forth herein cannot be complied
with, without undue hardship to the applicants.
Any person(s) who shall use or apply water within
the Borough of New Freedom contrary to or in violation of the restrictions
set forth herein shall have committed a summary offense. Upon conviction,
such offender shall be punished by being imprisoned in the county
jail for not more than 30 days or by a fine of not more than $600,
or by both such fire and term of imprisonment.
The Borough Council of New Freedom Borough may,
from time to time, modify, amend, add to or delete from the standards
and restrictions set forth herein.
