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Township of Pocono, PA
Monroe County
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Table of Contents
Table of Contents
[Adopted 8-23-1991 by Ord. No. 54; amended in its entirety 2-17-2015 by Ord. No. 2015-04]
Unless the context specifically denotes otherwise, the meaning of the terms used in this article shall be as follows:
CONSULTING ENGINEER
The registered professional engineer employed by the Township or the Authority for the design, supervision of construction, or operation of the water supply within the Township, or any member of its staff.
SERVICE LINE
The waterline on the property of an abutting property owner from the water distribution line to the location of the meter in the building of an abutting property owner.
WATER METER
A device for measuring the quantity of water used to be installed by the Authority or Township on the premises of the abutting property owner.
WATER SUPPLY SYSTEM
The water distribution system constructed in the Township and operated by the Authority and to include the acquisition of all necessary lands, easements and rights-of-way and the construction of a water works system including pumping stations, water distribution system, fire hydrants, valves and appurtenances thereto.
The water supply system constructed within the Township shall provide the exclusive source of water for human consumption and for industrial, commercial or farm use within that portion of the Township herein or hereafter designated by the Board of Commissioners of the Township or any part thereof, and abutting property owners shall connect with and use such water supply system in the manner herein provided. Within 30 days following connection of the water supply system, each abutting property owner within the designated area shall permanently render any well or wells on the property theretofore used for the production and provision of water for any purpose incapable of drawing, producing or providing any additional quantity of water, nor shall the well or well be used to draw, produce or provide water for any purpose whatsoever. The Authority and the Township shall be empowered to establish rules and regulations concerning the disablement of any well within the designated area and to enforce the same.
Each owner of any house, building, structure or property used for human occupancy, employment, recreation, or other purpose situation within a designated area of the Township and abutting on any street, alley or right-of-way in which there has been constructed a water supply system shall connect to such water supply system in accordance with the following schedule:
A. 
If the cost of connection is borne by an agency of the federal government, then at such time as the connection is supplied and installed by the federal government or its contractors.
B. 
In all other cases, within 60 days after the date of notice to do so given in the manner prescribed by law by the Township or its agent.
Unless the cost of the connection, as hereinafter defined, is borne by an agency of the federal government, pursuant to law and regulation, then the cost of connection shall be at the sole expense of the owner of any property for which connection is mandatory.
In case any owner of property shall neglect or refuse to connect with said water system for a period of 60 days after notice to do so has been served upon him or her by the Township, either by personal service or by certified mail, the Township or its agents may enter upon such property and construct such connection. In such case, the Township shall forthwith, upon completion of the work, send an itemized bill of the costs of construction of such connection to the owner of the property to which connection has been made, which bill shall be payable forthwith or the Township Board of Commissioners may authorize the payment of the cost of construction of connections in equal monthly installments, to bear interest at a rate not exceeding 7% per annum, for a period not to exceed one year.
The cost of construction of the connection shall include the cost of construction of the service line on the property of the abutting owner for the distribution line to a location within the building where the meter is located, including the cost of the meter and all necessary connections and equipment.
The cost of construction of the connection shall be payable to the Township either in whole within 30 days, or in equal monthly installments with interest at the rate of 7% per annum from the date of completion of construction. In case of default in the payment of any installment and interest for a period of 60 days after the same shall become due, the entire cost of construction of connection and accrued interest shall become due; and, the Township Solicitor shall proceed to collect the same under the general laws relating to the collection of municipal claims.
Each owner of any premises set forth in § 439-16 hereof 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 maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the municipal water supply system.
The consulting engineer and other duly authorized employees or agents of the Township or the Authority bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.
A. 
Any person who shall violate any provision of this article shall be served by the Township with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of the time stated in such notice, permanently cease all violations. Any person who shall continue any violation after such notice be subject to a fine in an amount not exceeding $300 for each violation. Each day, or part thereof, during which noncompliance with this article shall continue, shall be a separate violation.
B. 
All fines and penalties imposed or violations of any part of this article shall be paid to the Township Treasurer for the use of the Township. Default in payment of the fine and costs shall make the defendant liable to imprisonment for a term not to exceed 30 days.
C. 
Any person violating any of the provisions of this article, in addition to becoming liable for a fine and penalty, shall become liable to the Township for any expense, loss or damage occasioned the Township or the Authority by reason of such violation.