Township of West Donegal, PA Article I Connection to Water System

[Adopted 12-4-1989 by Ord. No. 68-89 (Ch. 26, Part 6, of the 1984 Code of Ordinances)]

§ 226-1 Definitions.

Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:

AUTHORITY

The Elizabethtown Area Water Authority or any municipal authority successor thereto which provides public water service within any portion of the Township.

[Amended 9-4-2012 by Ord. No. 196-2012]

BUILDING MAIN

The extension from the water system of any structure to the lateral of a main.

COMMONWEALTH

The Commonwealth of Pennsylvania.

IMPROVED PROPERTY

Any property within this Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals.

LATERAL

That part of the water system extending from a main to the curbline or, if there shall be no curbline, to the street right-of-way line or, if no such lateral shall be provided, then "lateral" shall mean that portion of or place in a main which is provided for connection of any building main.

MAIN

Any pipe or conduit constituting a part of the water system used or usable for water distribution purposes.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any improved property.

PERSON

Any individual, partnership, company, association, society, trust, corporation, municipality, municipality authority or other group or entity.

TOWNSHIP

The Township of West Donegal, Lancaster County, Pennsylvania, a political subdivision of the commonwealth, acting by and through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.

WATER SYSTEM

All facilities, as of any particular time, for production, transmission, storage or distribution of water in, to and for this Township and owned by the Authority.

§ 226-2 Use of public water system required.

A. The owner of any improved property abutting the water system, except farms which have their own supply of water for uses other than human consumption, shall connect such improved property with and shall use such water system, in such manner as the Township may require, within 90 days after notice to such owner from the Township to make such connection; subject, however to such limitations and restrictions as shall be established herein or otherwise shall be established by the Township from time to time.

B. The notice by the Township to make connection to a lateral, referred to in § 226-2A, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 90 days after notice is given or served. Such notice may be given or served at any time after a lateral is in place that can deliver water to a particular improved property. Such notice shall be given or served upon the owner by personal service or by registered or certified mail to his last known address.

C. The Township hereby grants to the Authority the power to send notices to make connection authorized by this section and further authorizes the Authority to enforce this article if the owner of an improved property fails to comply with any notice sent by the Authority as agent of the Township ordering connection to the water system, including, but not limited to, the actions set forth in §§ 226-3G and 226-5.

[Added 9-4-2012 by Ord. No. 196-2012]

§ 226-3 Building mains and connections.

A. No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb in any manner, any lateral, main or any part of the water system without first obtaining a permit, in writing, from the Authority.

B. Application for a permit required under § 226-3A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.

C. No person shall make or shall cause to be made a connection of any improved property with a lateral until such person shall have fulfilled each of the following conditions:

(1) Such person shall have notified the Authority of the desire and intention to connect such improved property to a lateral.

(2) Such person shall have applied for and shall have obtained a permit as required by § 226-3A.

(3) Such person shall have given the Authority at least 24 hours' notice of the time when such connection will be made so that the Authority may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing.

(4) If applicable, such person shall have furnished satisfactory evidence to the Authority that any tapping and/or connection fee that may be charged and imposed by the Authority against the owner of each improved property who connects such improved property to a lateral has been paid.

D. Except as otherwise provided in this § 226-3D, each improved property shall be connected separately and independently with a lateral through a building main. Grouping of more than one improved property on one building main shall not be permitted, except under special circumstances and for good cause shown, but then only after special permission of the Authority, in writing, shall have been secured and only subject to such rates, rules and regulations as may be prescribed by the Authority.

E. All costs and expenses of construction of a building main and all costs and expenses of connection of a building main to a lateral shall be borne by owner of the improved property to be connected; and such owner shall indemnify and shall save harmless the Township and the Authority from the loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building main or of connection of a building main to a lateral.

F. A building main shall be connected to a lateral at the place designated by the Authority and where, if applicable, the lateral is provided. A smooth, neat joint shall be made, and the connection of a building main to the lateral shall be made secure and watertight.

G. If the owner of any improved property located within this Township and abutting the water system, subject however to the exception provided for in § 226-2A, after 90 days' notice from the Township, in accordance with § 226-2A, shall fail to connect such improved property, as required, the Township may enter upon such improved property and may construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law.

§ 226-4 Rules and regulations governing building mains and connections to mains.

A. No building main shall be covered until it has been inspected and approved by the Township or the Authority. If any part of a building main is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property.

B. Every building main of any improved property and any connection as described in § 226-3F shall be maintained in a sanitary and safe operating condition by the owner of such improved property.

C. Every excavation for a building main shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk or other public property shall be restored, at the cost and expense of the owner of such improved property being connected, in a manner satisfactory to this Township.

D. If any person shall fail or refuse, upon receipt of notification from the Township or the Authority, to remedy any unsatisfactory condition with respect to a building main within the time period set forth in the notice from the Township or the Authority, the Township or the Authority may refuse to permit such person to be served with the water system until such unsatisfactory condition shall have been remedied to the satisfaction of the Township and of the Authority. In the case of an emergency, to be determined in the discretion of the Township or the Authority, the notification referred to herein may be made in person or by telephone, shall be confirmed in writing, and shall require the property owner to take immediate action to remedy the unsatisfactory conditions. In the case of a condition which does not constitute an emergency, such notification shall be made in writing to the owner of the property and shall set forth the time period within which the condition must be remedied, which period shall be not less than five days.

E. The Township reserves the right to adopt, and grants to the Authority the right to adopt from time to time, rates and additional rules and regulations as it shall deem necessary and proper relating to connections with a lateral and with the water system, which rates and additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this article.

§ 226-5 Violations and penalties.

[Amended 10-7-1996 by Ord. No. 109-1996; 5-19-1997 by Ord. No. 114-1997]

For each violation of the provisions of this article, any person who commits, takes part in or assists in any such violation shall be liable, upon conviction thereof in a summary proceeding, to pay a fine of not less than $200 nor more than $1,000 for each offense, together with the costs of prosecution. Each day or portion thereof in which a violation exists shall be considered a separate violation of this article, and each section of this article which is violated shall be considered a separate violation. In default of payment of such fine, such person shall be liable to imprisonment for a period not exceeding 30 days.