[Adopted 11-21-2005 by Ord. No. 118]
A.
Short title. This article shall be known as the "Township of Pocono
Mandatory Water Connection Ordinance."
B.
Purpose. This article is adopted for the following purposes:
(1)
To protect and provide for the public health, safety and general
welfare of the citizens of the Township.
(2)
To adopt rules and regulations pertaining to the making of connections
to the regional water supply and distribution system of the Brodhead
Creek Regional Authority (the "Authority") serving portions of the
Township,[1] which is a member of the Authority.
[1]
Editor's Note: Ordinance No. 2016-01, adopted 4-4-2016, expanded
the water service area of the Brodhead Creek Regional Authority, and
provided that Ord. No. 118 (which adopted this Art. III) shall apply
to all properties in the existing and expanded area. Complete copies
of the ordinances are on file in the Township offices.
(3)
To insure an adequate and safe water supply for the people of the
Township.
(4)
To further define the relationship between the Township and the Authority.
C.
Application of article. This article applies to all buildings, presently
existing and later constructed, abutting Authority water distribution
mains.
D.
Legal conflicts.
(1)
All ordinances or parts of ordinances in conflict with this article
are repealed.
(2)
The invalidity of any section or provision of this article shall
not affect the validity of any other part of this article which can
be given effect without the invalid parts. The Township intends that
this article would have been adopted had an invalid provision not
been included.
A.
General interpretation. For the purpose of this article, the present
tense shall include the future tense; the singular shall include the
plural; words used in masculine gender shall include the feminine
and the neuter; the word "shall" is always mandatory; the word "may"
is always permissive.
B.
ABUTS AND ABUTTING
ACT
AUTHORITY
AUTHORITY ENGINEER
BUILDING
COMMISSIONERS
DEP
PERSON
TOWNSHIP
WATER SYSTEM
Definitions. The following terms shall have the meanings set forth
below when used herein:
Any property whose boundary line is adjacent to a distribution
line 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.
Brodhead Creek Regional Authority.
A registered professional engineer in Pennsylvania designated
by the Authority, as the Authority engineer.
Each single or multiple residential structure or unit or
apartment unit, store, shop, office, business, commercial or industrial
unit, or family unit contained within any structure in the Township
intended for continuous or periodic habitation, which contains facilities
for use of water for human consumption.
Board of Commissioners of the Township.
The Pennsylvania Department of Environmental Protection.
An individual, partnership, corporation, private or governmental,
or other legally recognized entity.
The Township of Pocono, Monroe County.
The water supply and distribution system owned and operated
by the Authority.
A.
Connection required. All persons holding legal title or an interest
therein (the "owner") to real property in the Township containing
a building which abuts a main of the water system must make connections
to such main, shall use exclusively water from such main as their
water supply for human consumption, except as hereinafter provided,
and shall be responsible to pay for all related connection costs.
B.
Unlawful to maintain private supply system. It shall be unlawful
for any owner who is required to connect to the water system pursuant
to this article to construct or maintain any other supply system from
wells or other private sources, except as provided in 53 P.S. § 67603.
Such private facilities shall be disconnected in the manner required
by regulations of the Authority and DEP.
C.
Application required. All owners required to connect to the water
system shall file with the Authority an application for connection
in the form provided by the Authority and shall pay the tapping fee
and connection charge, if any, then in effect. Thereafter, the Authority
shall issue a connection permit, tap its main and provide water service
from the main to the curb for all such new connections.
D.
Use of contractors. Any owner who has applied for permission to connect
to the Authority's main, who has paid the tapping fee, and connection
charge, if any, and received a connection permit from the Authority
may construct a connection to the water system, at the curb, utilizing
his own contractor. Such connection shall be made in strict conformity
with the rules and regulations of the Authority, and the owner will
indemnify and hold harmless the Township and the Authority from all
loss and damage arising from construction by such owner.
E.
Township or Authority as its agent may perform uncompleted connection.
In the event that any owner fails to make the required connection
within 90 days of receiving notice by personal service or registered
mail of the connection requirement, the Township, or the Authority
as the Township's agent, shall be empowered to enter the subject property
and perform the necessary work.
F.
Billing of property owners. Where the Township or the Authority as
its agent constructs a connection because of a property owner's failure
to do so, the Township, or the Authority, as applicable, shall submit
an itemized bill to the owner for the completed work, which shall
be immediately payable. In case of neglect or refusal by such owner
to pay said bill within 30 days thereafter, it shall be the duty of
the Township or the Authority as its agent to file municipal liens
for the amount of such bill, or collect such bill by an action in
assumpsit. In the alternative, the Township or the Authority as the
Township's agent, may authorize the payment of the cost of construction
in equal monthly installments, to bear interest at the rate not exceeding
6% per annum, due and payable in full in one year pursuant to the
provisions of 53 P.S. § 55101 et seq.[1]
G.
Powers and authority of inspectors. The Authority and/or Authority
Engineer and other duly authorized representatives or employees of
the Authority bearing proper credentials and identification 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 article and the Act.
H.
Rates and charges payable by those required to connect. The owner
of property required to connect shall be responsible for paying the
tapping fee, connection charge and water rates, in accordance with
the Authority's applicable resolution, beginning on the date such
owner is required to connect to the water system. This responsibility
shall continue whether or not the property is actually connected.
I.
Required permits. No person shall connect to the water system or
otherwise use, alter or disturb said system in any manner without
first filing an application for and obtaining a permit, in writing,
from the Authority.
A.
Notice and correction of violations. Any person who violates any
provision of this article shall be served by the Township with written
notice stating the nature of the violation and providing a time limit
of 60 days or other period specified in the notice for the satisfactory
correction of the violation. The offender shall correct all violations
within such period of time stated in the notice.
B.
Continuing violation. Any person who continues any violation beyond
the specific time limit shall be subject to a civil penalty in an
amount not exceeding $600 per violation. A new and separate violation
shall be deemed to have been committed for each day the violation
continues beyond the specific time limit. The provisions of this article
may also be enforced by an action in equity.
C.
Use of penalties. All penalties imposed for violation of any provision
of this article shall be paid to the Treasurer of the Township for
the Township's use.
D.
Additional penalties. Any person violating any of the provisions
of this article, in addition to being liable for a penalty, shall
be liable to the Township and the Authority for any expense, loss
or damage suffered by the Township or the Authority by reason of the
violation.
E.
Enforcement by Authority. The Commissioners hereby authorize and
direct the Authority to act as agent for the Township to enforce the
provisions of this article.
A.
Tapping fees. All tapping fees, connection charges and similar fees
charged by the Authority for the water system shall be calculated
in accordance with the applicable provisions of the Act.
B.
Reimbursement of property owners' expansions. 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 Authority
shall provide for reimbursement to the property owner or owners in
accordance with the provisions of the Act.
