[Adopted 5-20-1998 by Ord. No. 98-2]
[Amended 6-16-1999 by Ord. No. 99-2]
Unless the context specifically and clearly indicates otherwise, the meanings of the terms and phrases used in this Part 2, Article A, shall be as follows:
AUTHORITY
The Jackson Township Water Authority of Butler County.
IMPROVED PROPERTY
Any property located within Jackson Township upon which there is erected a structure intended for continuous habitation, occupancy or use by human beings.
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, joint-stock company, unincorporated association, governmental body, political subdivision, Township or other group or entity.
TOWNSHIP
Jackson Township, Butler County, Pennsylvania, a political subdivision of the Commonwealth of Pennsylvania, acting by or through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.
WATER SYSTEM
The proposed Harmony Junction water system, as presently reflected in Drawing Nos. 1-716-5-1 to 1-716-5-9, prepared by Bankson Engineers, dated March 1999, including all facilities necessary for providing, transporting and supplying water for human use and consumption, owned by, leased to or under contract or agreement with the Authority for operation and use.
A. 
The owner of any improved property located within the Township and accessible to and whose residence, principal building or occupied structure is within 150 feet from any waterline of the water system or any new residence, principal building or occupied structure which shall be constructed within 150 feet of the water system shall connect to, at his own expense, and use such water system within 90 days after notice to such owner from the Authority to make such connection; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by the Authority or its authorized representative from time to time.
B. 
Those industries and farms which have their own supply of water for uses other than human consumption shall be exempt from said connection requirement as to those uses, but are required to use the water system to provide water for human consumption.
C. 
The notice by the Authority to make connection to the water system referred to in Subsection A above shall be given by the Authority or its authorized representative in writing and shall be served upon the owner either by personal service or by registered or certified mail or by such other methods as shall be permitted by law.
A. 
No persons shall uncover, connect with, make any opening into or use, alter or disturb in any manner any part of the water system without first obtaining a permit, in writing, from the Authority or its authorized representative after paying the then-applicable tapping fee.
B. 
Application for a permit required under Subsection A above shall be made by the owner of the improved property to the Authority on a form supplied by the Authority.
C. 
Every owner of improved property who is required to connect to the water system under Subsection A shall be required to pay a mandatory tapping fee in such amount as may be determined from time to time by the Authority. Said fee must be paid at the time application for a permit is made and in accordance with the Authority's rules and regulations. No work shall commence until the tapping fee is paid and a permit is issued. Every owner of improved property who is required to connect to the water system under Subsection A shall also be required to pay minimum service fees and metered usage fees in such amounts as determined from time to time by the Authority. In addition, the Authority may institute a temporary surcharge to recover additional costs incurred in providing water service to its customers, in accordance with applicable law.
D. 
The construction, number and size of all waterlines and/or connections shall be done in accordance with the specifications, plans and procedures established by the Authority's rules and regulations, as the same may be from time to time published and amended, copies of which, upon adoption, shall be maintained on file with the Authority and the Township.
E. 
All costs and expenses incident to the installation of the water connection and the connection of such building or premises with the water system not covered by a grant shall be borne by the owner of such building or premises. Such owner shall indemnify and save harmless the Township and the Authority and their agents from any loss or damage directly or indirectly caused by or arising out of such installation and connection.
F. 
No person shall make or cause to be made a connection of any improved property with the water system until such person shall have fulfilled each of the following conditions:
(1) 
Such person shall have notified the Authority or its authorized representative of the desire and intention to connect such improved property to the water system.
(2) 
Such person shall have applied for and obtained a permit as required by Subsections A and B above.
(3) 
Such person shall pay the tapping fee as required by Subsections A and C above.
(4) 
Such person shall have furnished any information required by the Authority or its authorized representative prior to connection and received any necessary approvals from the same.
(5) 
Such person shall have given to the Authority 24 hours' notice prior to the connection being made so that the Authority or its authorized representative may supervise and inspect the work of connection and necessary testing. At the time of inspection of the connection, the owner of the improved property shall permit the person conducting the inspection full and complete access to all water facilities in each building and in and about all parts of the property. The connection must be approved by an authorized representative of the Authority, who shall endorse the permit with his name and the date of approval. No water connection line shall be covered or in any way concealed, until after it has been inspected and approved by the inspector, who shall have the right to inspect all water system facilities on the property.
G. 
Except as otherwise provided in this subsection, each structure or principal building shall be connected separately and independently with the water system. Grouping of more than one structure on one connection shall not be permitted, except under special circumstances and for good cause shown, and then only after special permission of the Authority or its authorized representative, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by the Authority or its authorized representative.
[Amended 11-21-2002 by Ord. No. 02-11]
A. 
In the event the owner of an improved property shall neglect or refuse to connect with and use said water system following a period of 90 days after notice to do so as set forth in § 26-202A, the Authority or its authorized representative may enter upon such property and construct such connection.
B. 
If the Authority or its authorized representative is required to construct the connection under Subsection A above, the Authority or its authorized representative shall, upon completion of the work, send an itemized bill of the costs of construction of such connection to the owner of the improved property to which connection has been made, which bill shall be payable forthwith.
C. 
In case of neglect or refusal by the owner of such improved property to pay said bill within six months of the date of completion of construction of said connection, the Authority shall, within said period, file a water lien for said construction, which shall be subject in all respects to the general law providing for the filing and recovery of water liens.
D. 
Enforcement of this Part 2, Article A, shall be by action brought by the Township before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, firm or corporation who shall violate any provision of this Part 2, Article A, shall be sentenced to pay a fine of not more than $1,000, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days per violation, plus all court costs, including reasonable attorneys' fees, incurred by the Township. Additionally, the Township may proceed for the recovery and collection of its claim by filing a municipal lien against the property. Each day that a violation of this Part 2, Article A, continues or each section of this Part 2, Article A, which shall be found to have been violated shall constitute a separate offense.
A. 
The Authority or its authorized representative shall have the right to access, at reasonable times, to any part of any improved property served by the water system as shall be required for purposes of inspection, measurement, sampling and testing and for performance of other functions relating to service rendered by the Authority or its authorized representative.
B. 
Neither the Authority nor the Township shall be liable for a deficiency or failure of service when occasioned by an emergency, required repairs or for any cause beyond their control. The Authority may restrict the use of the water system whenever the public welfare may require it.
C. 
The owner shall be responsible, at the owner's expense, for seeing that all excavations for water connections shall be adequately guarded with barricades and lights to protect the public from hazards and that all streets, sidewalks and public property, disturbed in the course of making a water connection, shall be restored in a manner satisfactory to the Authority or its authorized representative.
The Authority shall have the right to adopt, by resolution, from time to time, rules and regulations as shall be deemed necessary and proper relating to connections with the water system.
[Adopted 9-20-2000 by Ord. No. 00-3]
Unless the context specifically and clearly indicates otherwise, the meanings of the terms and phrases used in this Part 2, Article B, shall be as follows:
IMPROVED PROPERTY
Any property located within the Township upon which there is erected a structure intended for continuous habitation, occupancy or use by human beings.
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, joint-stock company, unincorporated association, governmental body, political subdivision, Township or other group or entity.
TOWNSHIP
Jackson Township, County of Butler, a political subdivision of the Commonwealth of Pennsylvania, acting by or through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.
WATER COMPANY
The Pennsylvania-American Water Company or its successor in interest.
WATER SYSTEM
Includes:
[Amended 8-20-2015 by Ord. No. 15-05]
A. 
The proposed Pennsylvania-American Water Company water system, as presently reflected in the drawing prepared by Pennsylvania-American Water Company Corporate Engineering, dated April 12, 2000, attached to Township Ordinance No. 00-3 as Exhibit A,[1] including all facilities reasonably necessary for providing, transporting and supplying water for human use and consumption, owned by, leased to or under contract or agreement with the Pennsylvania-American Water Company for operation and use (hereinafter referred to as the "Harmony Short Line Subsystem").
B. 
The proposed Pennsylvania-American Water Company water system in the Hartzell/Gristmill Area Neighborhood Improvement District established by Chapter 16, Part 1, of the Code of Jackson Township, Butler County, Pennsylvania, the boundaries of such district being shown on the map attached hereto and incorporated herein as Appendix 26-2-B,[2] including all facilities reasonably necessary for providing, transporting and supplying water for human use and consumption, owned by, leased to or under contract or agreement with the Pennsylvania-American Water Company for operation and use (hereinafter referred to as the "Hartzell/Gristmill NID").
[1]
Editor's Note: Exhibit A is on file in the Township offices.
[2]
Editor's Note: Appendix 26-2-B is on file in the Township offices.
A. 
The owner of any improved property in the following areas of the Township shall connect to, at his own expense, and use the water system 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 water company or its authorized representative from time to time:
[Amended 8-20-2015 by Ord. No. 15-05]
(1) 
Located in the Harmony Short Line Subsystem within the Township and accessible to and whose residence, principal building or occupied structure is within 150 feet from any waterline of the water system or any new residence, principal building or occupied structure which shall be constructed within 150 feet of the water system and currently serviced by the Harmony Shortline Complex, or any other private water company subject to a state enforcement action.
(2) 
Located in the Hartzell/Gristmill NID within the Township and accessible to and whose residence, principal building or occupied structure is within 150 feet from any waterline of the water system or any new residence, principal building or occupied structure which shall be constructed within 150 feet of the water system.
(3) 
Located along SR 19 from Zehner School Road south to the Cranberry Township line and to include Plunkett Drive within the Township and accessible to, and whose residence, principal building or occupied structure is within 150 feet from any water line of the water system or any new residence, principal building or occupied structure which shall be constructed within 150 feet of the water system.
[Added 10-24-2019 by Ord. No. 19-08]
B. 
Those industries and farms which have their own supply of water for uses other than human consumption shall be exempt from said connection requirement as to those uses but are required to use the water system to provide water for human consumption.
C. 
The notice by the Township to make connection to the water system referred to in Subsection A above shall be given by the water company on behalf of the Township in writing and shall be served upon the owner either by personal service or by registered or certified mail or by such other methods as shall be permitted by law.
[Amended 11-21-2002 by Ord. No. 02-11]
A. 
In the event the owner of an improved property shall neglect or refuse to connect with and use said water system following a period of 90 days after notice to do so, as set forth in § 26-212A, the water company or its authorized representative, after notice to the Township, may enter upon such property and construct such connection.
B. 
If the water company or its authorized representative is required to construct the connection under Subsection A above, the water company or its authorized representative shall, upon completion of the work, send an itemized bill of the costs of construction of such connection to the owner of the improved property to which connection has been made, which bill shall be payable forthwith.
C. 
Enforcement of this Part 2, Article B, shall be by action brought by the Township before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, firm or corporation who shall violate any provision of this Part 2, Article B, shall be sentenced to pay a fine of not more than $1,000, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days per violation, plus all court costs, including reasonable attorneys' fees, incurred by the Township. Additionally, the Township may proceed for the recovery and collection of its claim by filing a municipal lien against the property. Each day that a violation of this Part 2, Article B, continues or each section of this Part 2, Article B, which shall be found to have been violated shall constitute a separate offense.
A. 
The water company or its authorized representative shall have the right to access, at reasonable times, to any part of any improved property served by the water system as shall be required for purposes of inspection, measurement, sampling and testing and for performance of other functions relating to service rendered by the water company or its authorized representative.
B. 
Neither the water company nor the Township shall be liable for a deficiency or failure of service when occasioned by an emergency, required repairs or for any cause beyond their control. The water company may restrict the use of the water system whenever the public welfare may require it.
C. 
The owner shall be responsible, at the owner's expense, for seeing that all excavations for water connections shall be adequately guarded with barricades and lights to protect the public from hazards and that all streets, sidewalks and public property, disturbed in the course of making a water connection, shall be restored in a manner satisfactory to the water company or its authorized representative.