[HISTORY: Adopted by the Board of Commissioners of the Township
of Manheim as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 399.
[Adopted 11-11-1985 by Ord. No. 1985-20 (Part 11, Ch. 3, Art.
A, of the 1976 Code of Ordinances)]
The Manheim Township Board of Commissioners has adopted a three-phase
plan for the extension of waterlines in certain areas of the Township
not presently served with a public water supply system over periods
of five, 10 and 15 years. In furtherance of the first phase of that
plan, the General Municipal Authority of Manheim Township, as assignee
of the Township, has undertaken the construction of a water main on
Fruitville Pike and Koser Road to Airport Road which, upon completion
and pursuant to the terms of a municipal connector's agreement
made between the City of Lancaster and the Authority, as assignee
of the Township, dated December 18, 1984, shall be connected to the
water system of the city, shall be leased to the city for a stated
period and shall be operated and maintained by the city, as lessee,
during the term of the lease. To complete the first phase of the plan
and to provide public water to those remaining areas included in that
phase, the Authority has entered into an additional municipal connector's
agreement with the city, dated September 30, 1985, upon similar terms
and shall construct or acquire additional waterlines in those areas.
It is expected that the Authority shall, in the future, proceed with
the second and third phases of the plan. This article is enacted pursuant
to Section 2708 of the First Class Township Code, Act of June 24,
1931 (P.L. 1955, No. 569), as amended,[1] to compel connection with the water supply system being
constructed or to be constructed by the Authority under all phases
of the plan.
[1]
Editor's Note: See 53 P.S. § 57708.
Unless the context clearly indicates a different meaning, the
following terms, words and phrases, as used in this article, shall
have the following meanings:
The General Municipal Authority of the Township of Manheim,
organized and existing under the Municipality Authorities Act, Act
of June 19, 2001, P.L. 287, 53 Pa.C.S.A. § 5601 et seq.,
as amended and supplemented.
The Board of Commissioners of Manheim Township.
The City of Lancaster, Lancaster County, Pennsylvania.
Any structure or any portion thereof intended to be used
wholly or in part for the purpose of carrying on a trade, business
or profession or for social, amusement, charitable or public uses.
Any structure intended to be used wholly or in part for the
manufacturing, fabricating, processing, cleaning, laundering or assembly
of any product, commodity or article.
With respect to any property located in the Township and
connected or to be connected to the water system, any person vested
with an ownership interest, legal or equitable, sole or partial, in
any such property; or in open, peaceable and notorious possession
of any such property, as apparent owner thereof; or the reputed owner
thereof in the neighborhood of such property.
Any individual, firm, company, association, society, corporation
or other group or entity.
Any structure or dwelling or part thereof intended to be
occupied as a whole by one family, an apartment intended to be occupied
as a whole by one family, or any other one-family living unit, provided
that hospitals, hotels, boardinghouses, rooming and lodging houses,
motels, recreational campgrounds (excluding mobile home parks) and
the like, offering overnight or transient accommodations for patients
or guests, shall not be considered to be private dwelling or living
units but shall be considered to be commercial establishments within
the meaning of this article.
The tract or tracts of ground owned by an owner and upon
which is located a private dwelling or living unit or units and/or
a commercial establishment or establishments and/or an industrial
establishment or establishments.
Manheim Township, Lancaster County, Pennsylvania.
All water mains, extensions, and distribution pipelines,
from the main to the point of service connections, and all appurtenances
thereto which are constructed or acquired and owned by the Authority.
A.
Whenever the water system or any usable portion thereof is completed
and ready for public use, the Township shall cause written notice
to be served, either by personal service or registered mail, upon
all owners of property abutting such completed water system or portion
thereof, which notice shall state that the water system or portion
thereof is complete and ready for public use and that all owners shall
make connection with the water system, at their own expense, within
90 days of the date of service of the notice.
B.
All owners of tracts of ground abutting the water system upon which
no private dwelling or living unit and/or commercial establishment
and/or an industrial establishment is erected shall, upon erection
of any such unit or establishment, make connection with the water
system at their own expense.
C.
All connections to the water system shall be made in compliance with
the applicable ordinances, resolutions and regulations as may from
time to time be enacted, adopted or promulgated by the city and/or
the Authority.
D.
In case any owner of property so required to make connection to the water system, other than those owners excepted in Subsections E and F of this section, shall neglect or refuse to make connection within 90 days of the date of service of notice to do so:
(1)
The Township or its agents may enter upon such property and construct
such connections; and
(2)
The Township shall, upon completion of the work, send an itemized
bill of the cost of the construction of such connection to the owner
of the property to which connection has been made, which bill shall
be due and payable in full within 30 days; and
(3)
Upon failure of the owner of such property to pay the itemized bill,
the Township shall cause a municipal lien and/or claim to be filed
in the full amount of the bill within six months of the date of completion
of construction of such connection, which lien and/or claim shall
be filed and collected, together with the maximum lawful rate of interest,
as is then provided by law.
E.
Owners of properties abutting the water system used solely for industrial
or farm purposes and which have their own supply of water for uses
other than human consumption shall not be required to connect such
properties to the water system.
F.
Owners of properties abutting the water system shall not be required
to connect any structure or building located on any such property
and used for private dwelling or living unit and/or commercial establishment
and/or industrial establishment purposes, if such structure or building
is more than 150 feet from the service connection with the water system,
as measured in a straight line, without regard to intervening structures,
from the closest point of such building or structure to the closest
point of such service connection.
[Amended 12-12-1994 by Ord. No. 1994-28[1]]
Any person who violates any provisions of this article shall,
for every such violation, be subject to a fine or penalty of not less
than $25 nor more than $1,000, and costs, provided that each day on
which a violation takes place shall constitute a separate violation.
