[HISTORY: Adopted by the Board of Supervisors of the Township
of Tobyhanna 5-17-2013 by Ord. No. 501. Amendments noted where
applicable.]
This chapter shall be known as the "Tobyhanna Township Water
Service District Ordinance."
This chapter is adopted for the following purposes:
A.
To protect and provide for the public health, safety, and general
welfare of the citizens of Tobyhanna Township.
B.
To adopt rules and regulations pertaining to the making of connections
to the regional water supply and distribution system of the BCRA serving
portions of the Township.
C.
To ensure an adequate and safe water supply for the people of the
Township.
D.
To further define the relationship between the Township and the BCRA.
For the purposes of this chapter, the following words and phrases
shall have the meanings herein indicated:
Any property whose boundary line is adjacent to a distribution
line and/or main of the water system and which contains a building,
any part of which is located within 200 feet of such line.
The Municipality Authorities Act of 2001, as amended, as
codified at 53 Pa.C.S.A. Chapter 56.
Extension from the water system of any structure to the lateral
of a main.
Construction of one or more buildings, dwelling units or
other structures on one or more parcels of land or any use of property
or structures thereon for purposes requiring public water, such as
a golf course, park, or swimming pool.
Any property within the Township of Tobyhanna's Water
District upon which there is erected a structure intended for continuous
or periodic habitation, occupancy or use by human beings or animals.
Any improved property located within the Tobyhanna Water
District and used or intended for use, wholly or in part, for the
manufacturing, processing, cleaning, laundering or assembling of any
product, commodity or article.
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority or other group
or entity.
All facilities, as of any particular time, for production,
transmission, storage and distribution of water in the Township of
Tobyhanna owned, operated, and maintained by the BCRA.
[1]
Editor's Note: Exhibit "A" is on file in the Township
offices.
A.
The owner of improved property and/or a proposed new development within the Water District and abutting upon the main of the water system, shall, in accordance with § 150-7 of this chapter, connect such property to the water system upon approval by Tobyhanna Township and the BCRA, and shall be subject to the rules and regulations of the BCRA. Connection to the water system shall be mandatory in accordance with § 150-7 of this chapter for properties located within the identified Water District only.
B.
Those properties required to connect to the public water system shall
connect such property to the water system within 60 days after written
notice from the Township, the BCRA, or an authorized designate to
make such connection. Such notice may be given or served at any time
after a main is in place which can deliver water to the particular
property. Such notice shall be given or served upon the owner in accordance
with the law. The Township and/or the BCRA, after the 60 days'
notice and a failure to connect, may construct such connection and
collect from such owner the costs and expenses thereof in any manner
permitted by law, including but not limited to the filing of a municipal
lien.
A.
Water mains shall be constructed in such a manner so as to make adequate
water service available to each lot, building, structure or dwelling
within the Water District. In addition to complying with all Township
requirements, all construction of building mains and extensions shall
be performed in accordance with the terms of any agreements required
by the BCRA and shall comply with the design standards, specifications,
rules, and regulations of the BCRA and the Township now in effect
or hereafter amended.
B.
All costs and expenses of construction of a building service and
all costs and expenses of connection of a building service to the
water system shall be borne by the owner of the improved property
to be connected, unless otherwise agreed to by the BCRA; and such
owner shall indemnify and shall save harmless the Township of Tobyhanna
from all loss or damage that may occur directly or indirectly as a
result of construction of a building service, building main or of
connection of a building service and/or building main to the water
system.
C.
All mains and service laterals terminating either at the curbline
or property line with a curb stop shall be designed and built in accordance
with plans and specifications approved by the BCRA and the Township.
Connections from the curb stop to the building shall be made by the
property owner or his/her designee and shall be constructed of materials
and in accordance with specifications approved by the BCRA and the
Township. There shall be no fittings between the curb stop and the
building unless approved by the BCRA and the Township. Grouping of
more than one improved property on one building service shall not
be permitted, except under special circumstances and for good cause
shown and only after permission from the Township and the BCRA is
received in writing. All service lines from the curb stop to the building
shall be inspected by the BCRA.
The Township of Tobyhanna hereby establishes a Water District
for the purpose of providing public water service to the improved
properties required to receive such public water service within the
Water District as set forth herein. The Water District shall encompass
that area of Tobyhanna Township as specifically identified in the
shaded area (Tobyhanna Township Water Service Area) on the water service
area map prepared by RKR Hess, a division of UTRS, dated May 1, 2013,
which is attached hereto and incorporated herein as Exhibit "A,"[1] and the BCRA shall act as Tobyhanna Township's designated
agent within said Water District in the implementation and for the
purposes of this chapter. The provisions of this chapter shall not
apply to areas which are within Tobyhanna Township but outside of
the designated Water District. All improved properties and proposed
new development within the Water District and abutting the main of
the water system shall be required to connect to the water system.
[1]
Editor's Note: Exhibit "A" is on file in the Township
offices.
A.
All improved properties and new development within the Water District
with a structure located within 200 feet of the right-of-way of the
main of the water system shall be required to connect to the water
system in accordance with this chapter.
B.
Upon request by an owner for public water service within the Water
District, or submission of any plan for new development in the Water
District, or where the proposed development or plan is required by
the Township to have public water within the Water District, the BCRA
shall be notified of such request or application at the time such
application or request is submitted to the Township, whether by building
permit application or subdivision and land development application
or general request. The BCRA shall advise the Township within 45 days
of receipt of such notice of a request for public water service whether
it is able to and/or will furnish public water service to the property
owner or development requesting said connection. If the BCRA agrees
to provide public water service to such property owner, the Township
shall require as a condition of approval of the application or request
that the BCRA be the water service provider for the owner of the development
making the request.
C.
Any property owner obtaining water service from the BCRA shall pay
all applicable tapping and connection fees, water rates and other
charges to the BCRA in accordance with the rules and regulations of
the BCRA now in effect or hereinafter enacted in accordance with the
Act and other applicable Pennsylvania laws.
D.
No person shall connect to the water system or otherwise use, alter,
or disturb said water system in any manner without first filing an
application for and obtaining a permit, in writing, from the BCRA.
E.
The BCRA, Township and other duly authorized representatives or employees
of the BCRA and/or Township shall be permitted, at all reasonable
times, to enter upon any premises connected or about to be connected
or required to be connected to the water system for the purpose of
inspection and testing in accordance with the provisions of this chapter
and the Act.
F.
All tapping and connection fees and water rates charged by the BCRA
for the water system shall be calculated in accordance with the applicable
provisions of the Act.
G.
Where a property owner or owners construct or cause to be constructed
any addition, expansion, or extension to or of the water system which
provides capacity to accommodate future development upon the lands
of others, the BCRA shall provide for reimbursement to the property
owner or owners in accordance with the provisions of the Act.
H.
All new connections to the water system shall contain plumbing fixtures
and fittings that comply with the water conservation performance standards
as set forth in the Pennsylvania Uniform Construction Code as adopted
by the Township.
I.
The Township hereby authorizes the BCRA to enforce the provisions
of this chapter together with the Township.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be subject to pay
a fine of no more than $1,000, and in default of payment, to imprisonment
for a term not to exceed 30 days. Each day that a violation of this
chapter continues shall constitute a separate offense.
