[HISTORY: Adopted by the Board of Supervisors of the Township
of Derry as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 172.
[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:
The Municipal Authority of the Borough of Lewistown, its
successors and assigns.
The engineers employed by the Township and/or by the Authority.
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.
An individual, corporation, partnership, limited-liability
company, limited-liability partnership, association, society or other
entity.
The Township of Derry, Mifflin County, Pennsylvania.
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.
A device for the measuring of the quantity of water used
by a property owner.
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.
A.
The water supply system constructed in the Township and owned and/or
operated by the Authority shall provide the exclusive source of water
for human consumption on the owner's property if the water supply
system is accessible to the property by being within 150 feet, at
its nearest point, of the property owner's house, building, structure
or other property for human occupancy, employment, recreation, or
other purposes for human use and occupancy.
B.
Within 30 days following the completion of construction of a water supply system which is accessible to the property owner's house, building, structure or other property for human occupancy, employment, recreation, or other purposes for human use and occupancy, which is utilizing water for human consumption, the property owner shall permanently render any well or wells, spring, cistern system, or other water supply on the property theretofore used for the production or provision of water for human consumption incapable of drawing, producing or providing water nor shall said well or wells, spring, cistern system, or other water supply otherwise be used for the drawing, producing or providing water, except as authorized to utilize the supply of water for uses other than human consumption, all as per § 207-5 of this article.
C.
Within 30 days following the completion of construction of a water supply system which is accessible to the property owner's house, building, structure or other property for human occupancy, employment, recreation, or other purposes for human use and occupancy, which is utilizing water for human consumption, said property owner shall disconnect said well or wells spring, cistern system, or other water supply from said house, building, or other structure, except as authorized to utilize the supply of water for uses other than human consumption, all as per § 207-5 of this article. The Township and/or the Authority shall be empowered to establish and enforce rules and regulations concerning the disablement of any well, spring, cistern system or other water supply or system which has been providing water for human consumption to the occupied building, house or other structure as well as to establish and enforce rules and regulations concerning the continued use of such water for other than human consumption upon written request and written approval therefor.
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.
A.
The consulting engineers and other duly authorized employees or agents
of the Township and/or the Authority bearing proper credential and
identification shall be permitted to enter upon all properties for
the purpose of inspection, observation, measurements, sampling and
testing in accord with the provisions of this article and property
owners shall permit such access.
B.
For the purpose of enforcing this article and power and authority
to enter upon all properties for purposes as set forth in this article,
the Township, its consulting engineers and other duly authorized employees
or agents of the Township or their designees and/or the Authority
may seek to obtain a search warrant issued by a competent authority
for the purpose of permitting the entry upon a property for purposes
necessary and appropriate pursuant to this article and/or for purposes
of compelling inspection of property, including, without limitation,
land and the buildings or structures thereon.
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.
