[Adopted 6-6-2005 by Ord. No. 2005-2]
This article shall be known as and may be cited as the "Derry
Township Mandatory Water Connection Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
AUTHORITY
The Municipal Authority of the Borough of Lewistown, its
successors and assigns.
CUSTOMER SERVICE LINE
The pipe and any other facilities by means of which water
service is extended from the property line or curb stop of the water
customer to the proposed dwelling or building to be served.
PERSON
An individual, corporation, partnership, limited-liability
company, limited-liability partnership, association, society or other
entity.
TOWNSHIP
The Township of Derry, Mifflin County, Pennsylvania.
WATER LINE
A line for the transmission and delivery of water to abutting
property owners constructed in the Township and owned and/or operated
by the Authority.
WATER METER
A device for the measuring of the quantity of water used
by a property owner.
WATER SUPPLY SYSTEM
The water distribution system constructed in the Township
and owned and/or operated by the Authority, including, but not limited
to, all necessary lands, easements and rights-of-way, and all necessary
lines and equipment, including lines, pumping stations, water distribution
systems, fire hydrants, values and other appurtenances of the water
supply system.
Every owner of property within the Township whose property abuts
a water line and/or water supply system constructed in the Township
and owned and/or operated by the Authority and upon which is situated
any house, building, structure or other property for human occupancy,
employment, recreation, or other purposes for human use and occupancy,
and which is located within 150 feet of the water line and/or water
supply system at its nearest point shall connect such house, building,
structure or other property for human occupancy, employment, recreation,
or other purposes for human use and occupancy to the water line and/or
water supply system, at such owner's cost, including the payment
of all connection fees, tapping fees and other fees imposed by the
Authority for the connection of the property to the water supply system.
Where a water line is located in a public street or right-of-way,
property on either side of such public street or right-of-way shall
be deemed to abut said water line and shall be deemed to be accessible
to the water supply system.
Industries and farms who have their own supply of water for
uses other than human consumption may continue to use said water for
such purposes, but shall at all times be required to use the Authority's
water supply system in relation to water used for human consumption.
Others who have their own supply of water for uses other than human
consumption may continue to use said water for such purposes upon
written request to the Township and upon written approval by the Township,
but shall at all times be required to use the Authority's water
supply system in relation to water used for human consumption.
If the owner of any property abutting the water supply system
neglects, fails or refuses to connect with and use such water supply
system within 90 days after notice so to do has been served by the
Board of Supervisors or their agent(s), the Board of Supervisors or
their agent(s), including Authority, may enter the property and construct
said connection. The Board of Supervisors shall send an itemized bill
of the cost of construction of connection to the owner of the property
to which connection has been made to provide water service to the
property. Said bill shall be due and payable immediately, or, in the
alternative, the Board of Supervisors may, in their sole discretion,
as provided in Article XXXIII of the Second Class Township Code, Section
3303, as amended (53 P.S. § 68303, as amended), authorize
the payment of the cost of construction of connection in no more than
six consecutive equal monthly installments, plus interest at a rate
of 6% per annum, beginning from the date the assessment was due and
payable, or, if a bond or bonds have been issued to provide for the
payment of the construction and such connection with interest at a
rate higher than 6% per annum, then at such higher rate of interest,
as applicable, equal to the rate of interest on any bond indebtedness
beginning from the date the assessment was due and payable. In the
case of a default to make payment, the entire cost of construction
of the connection shall be due and payable and the Township may proceed
to collect the same pursuant to the law relating to municipal claims,
53 P.S. § 7101 et seq., as amended or supplemented, or by
a civil action at law (in assumpsit).
The cost of construction of the connection shall include the
cost of construction of the customer service line on the property
of the abutting owner from the property line or the curb stop of the
abutting owner to the building, house or other structure where the
water meter is located, and shall include the cost of the water meter
and all necessary connections and equipment necessary to connect the
building, house or other structure to the water line and water supply
system.
Each owner of any property in relation to which connection to the water supply system is mandatory in accord with §
207-3 of this article shall make application, in writing, to the Authority for water service. Such application shall be in such form as the Authority shall designate.
No person shall willfully or negligently break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance or equipment
which is a part of the water supply system.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
The Township, by means of a complaint in equity, may compel
the owner and, if applicable, the occupant of the premises to comply
with the terms of any notice of violation, or otherwise may seek any
such other relief as any court of competent jurisdiction is empowered
to afford.
The imposition of the remedies or penalties herein prescribed
are not exclusive, but, on the contrary, they are cumulative and the
exercise of one remedy or penalty shall not preclude the Township
from instituting an appropriate action, in law or equity, or taking
appropriate action under this chapter or otherwise to restrain, correct
or abate the violation and/or stop any illegal act or conduct.