Part 1 MANDATORY CONNECTION
Part 2 RATES, RENTS AND CHARGES
[Ord. 2009-06, 8/10/2009, § 1]
This Part shall be known and may be cited as the "Penn Township Mandatory Water Connection Ordinance."
[Ord. 2009-06, 8/10/2009, § 2; as amended by Ord. 2012-02, 2/13/2012]
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this Part shall be as follows:
- Northwestern Lancaster County Authority, a municipality authority organized and operating under the laws of the Commonwealth of Pennsylvania, or Manheim Borough Authority, a municipality authority organized and operating under the laws of the Commonwealth of Pennsylvania, as applicable. The determination of whether the Northwestern Lancaster County Authority or Manheim Borough Authority is applicable shall be based upon whether the improved property is within the service area of the Northwestern Lancaster County Authority or Manheim Borough Authority.
- IMPROVED PROPERTY
- Any property within this Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals.
- That part of the water system extending from a main to the curbline or, if there shall be no curbline, to the street right-of-way line or, if no such lateral shall be provided, then "lateral" shall mean that portion of, or place in, a main which is provided for connection of any water service line.
- 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, municipality authority or other group or entity, and the members of such partnership or association and the officers of such corporation.
- The Township of Penn, Lancaster County, Pennsylvania, acting by and through its Board representatives.
- WATER SERVICE LINE
- The extension from the water system of any structure to the lateral of a main.
- WATER SYSTEM
- All facilities, as of any particular time, for production, transmission, storage or distribution of water in, to and for this Township and owned by the Authority.
[Ord. 2009-06, 8/10/2009, § 3; as amended by Ord. 2012-02, 2/13/2012]
The owner of any improved property abutting the water system, where the principal building is located within 150 feet of the water system or any part or extension of the water system or where the principal building has no supply of water which is safe for human consumption, shall connect such improved property with and shall use such water system, in such manner as this Township may require, within 60 days after notice to such owner from this Township to make such connection; subject, however to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township, from time to time.
The notice by this Township to make a connection/to a lateral, referred to in Subsection 1, above, shall consist of a copy of this Part, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this Part and specifying that such connection shall be made within 60 days after notice is given or served. Such notice may be given or served at anytime after a lateral is in place that can deliver water to the particular improved property. Such notice shall be given or served upon the owner by personal service or by registered or certified mail to his last known address.
Industries and farms which have their own supply of water for uses other than human consumption may continue to use their own water for that purpose but are required to use the water system to provide water for human consumption. Notwithstanding the foregoing, supply.
If the owner of an improved property shall fail to connect such improved property to the water system after notice as provided by this section, the Township and/or the Authority may enter upon such improved property and may construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law.
[Ord. 2009-06, 8/10/2009, § 4; as amended by Ord. 2012-02, 2/13/2012]
No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb in any manner, any lateral, main or any part of the water system without first obtaining a permit, in writing, from the Authority.
Application for a permit required under Subsection 1, above, shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
No person shall make or shall cause to be made a connection of any improved property with any part of the water system until such person shall have fulfilled each of the following conditions:
Such person shall have notified the Authority of the desire and intention to connect such improved property to the water system.
Such person shall have applied for and shall have obtained a permit as required by Subsection 1, above.
Such person shall have given the Authority at least 48 hours' notice of the time when such connection will be made so that Authority may supervise and observe, or may cause to be supervised and observed, the work of connection and necessary testing.
If applicable, such person shall have furnished satisfactory evidence to the Authority that any tapping, connection, customer facilities, administrative and inspection fees, as applicable, that may be charged and imposed by the Authority against the owner of each improved property who connects such improved property to a lateral have been paid.
Except as otherwise provided in this subsection, each improved property shall be connected separately and independently with a lateral through a water service line. Grouping of more than one improved property on one water service line shall not be permitted, except under special circumstances and for good cause shown, but then only of the Authority, in writing, shall have been secured and only subject to such rates, rules and regulations as may be prescribed by the Authority.
All costs and expenses of construction of a water service line and all costs and expenses of connection of a water service line to the water system shall be borne by the owner of the improved property to be connected. The owner of the improved property shall connect the water service line to the water system at the place designated by this Township or by the Authority and where, if applicable, the lateral is provided. A smooth, neat joint shall be made and the connection of a water service line to the water system shall be made secure and watertight.
The owner of an improved property shall indemnify and shall save harmless this Township and the Authority from all loss or damage to the water system that may be occasioned, directly or indirectly, as a result of construction of a water service line or of connection of a water service line to the water system.
[Ord. 2009-06, 8/10/2009, § 5; as amended by Ord. 2012-02, 2/13/2012]
Where an improved property at the time connection to the public water system shall be served by its own water supply, the existing water supply shall be disconnected in accordance with all applicable Township and/or Authority rules and regulations.
No water service line shall be covered until it has been observed and approved by this Township or the Authority. If any part of a water service line is covered before so being observed and approved, it shall be uncovered for observation at the cost and expense of the owner of the improved property to be connected to the water system.
Every water service line of any improved property and any connection as described in § 26-104.5 shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
Every excavation for a water service line shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk or other public property disturbed in and expense of the owner of such improved property being connected, in a manner satisfactory to the Township.
If any person shall fail or shall refuse, upon receipt of a notice of this Township or the Authority, in writing, to remedy any unsatisfactory condition with respect to a water service line within 60 days of receipt of such notice, the Township or the Authority may refuse to permit such person to be served with the water system until such unsatisfactory condition shall have been remedied to the satisfaction of the Township and of the Authority. In addition to the refusal to provide water service, if the owner of an improved property shall fail to correct any unsatisfactory condition after written notice as provided by this section, the such unsatisfactory conditions and collect from such owner the costs and expenses thereof in the manner permitted by law.
This Township reserves the right to adopt, and grants to the Authority the right to adopt from time to time, rates and additional rules and regulations as it shall deem necessary and proper relating to connections with a lateral and with the water system, which rates and additional rules and regulations, to the extent appropriate, shall be construed as part of this Part.
[Ord. 2009-06, 8/10/2009, § 6; as amended by Ord. 2012-02, 2/13/2012]
For each violation of the provisions of this Part, the owner, agent, lessee or contractor or any other person who commits, takes part in or assists in any such violation shall be liable, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $200 nor 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. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 2009-06, 8/10/2009, § 7]
It is declared that enactment of this Part is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Township.
[Ord. 1975-9, 6/6/1975, § 1]
Unless the context specifically indicates otherwise, the meaning of terms used in this Part shall be as follows:
- Northwestern Lancaster County Authority, a municipality authority organized and existing under provisions of the Pennsylvania Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended and supplemented.
- A person who, prior to, upon or after the effective date hereof, has contracted or contracts for and/or is receiving or shall receive water service for each consumer unit, with respect to the water system.
- (1) A building under one roof and occupied by one family or business.
- (2) A combination of buildings in one enclosure or group and occupied by one family or business.
- (3) One side of a double building or house having a solid vertical partition wall.
- (4) Each room or group of rooms in a building occupied or intended for occupancy as a separate business or as separate living quarters by a family or other group of persons living together or by a person living alone.
- (5) Each apartment, office or suite of offices in a building or house having several such apartments, offices or suites of offices and using in common one or more hallways and one or more means of entrance.
- (6) Any trailer occupied by one family or business either temporarily or permanently or any pad intended for use in connection with a trailer.
- Any person having an interest, whether legal or equitable, sole or partial, in any property.
- Any individual, firm, partnership, company, association, society, corporation, trust, governmental body or an agency, department or political subdivision thereof-or any other group or entity.
- Any building, group of buildings or land upon which buildings are to be constructed or trailers are or may be located which is or may be served by this Township.
- The Township of Penn, Lancaster County, Pennsylvania, a municipal subdivision, acting by and through its Board of Supervisors or, in appropriate cases, by and through its authorized representatives.
- WATER SYSTEM
- The water supply and distribution facilities, including all related facilities to be constructed, installed or acquired by or for the Authority, including all property, real, personal and mixed, rights, powers, licenses, easements, rights-of-way, privileges, franchises and other property or interest in property of whatsoever nature used or useful in connection with such facilities, and together with all additions, extensions, alterations, improvements and betterments thereof or thereto which may be made, installed or acquired from time to time, by or for the Authority and which shall be leased by the Authority to this Township for operation and use pursuant to an agreement of lease, to be dated as of May 15, 1975, by and between the Authority and this Township, and any supplements and/or amendments thereto.
[Ord. 1975-9, 6/6/1975, § 2; as amended by Ord. 1978-1, 6/26/1978, §§ 1, 2; by Ord. 1981-3, 8/24/1981, §§ 1, 2; by Ord. 2007-03, 2/26/2007, § 1; by Res. 2011-07, 1/24/2011, § 1; and by Res. 2013-07A, 1/13/2014, § 23]
The following water rates, rents and charges are fixed, adopted, established and imposed upon each consumer served or to be served by the water system, for use thereof:
Schedule of Meter Rates.
This schedule is applicable to all metered consumers:
Customer charge per EDU
$23.48 per quarter annum
per every gallon of water use
Quarterly commercial fire sprinkler hook up fee: $23.48 per quarter annum. This fee is only for the Township to recover its costs in ensuring adequate water capacity to operate the sprinkler system. Sprinkler systems are required to be metered and water usage will be billed at $0.00440 per gallon.
The rate and charge for public and private fire protection shall be at the rate of $150 per fire hydrant per annum located within the limits of this Township, payable at the rate of $37.50 per hydrant per quarter annum.
Temporary Flat Rates. In those cases where, in the opinion of the Township, it is impracticable to install a meter at the time a connection is made to the water system, a flat rate shall be charged until such time as a meter is installed. In such case the temporary flat rate shall be $76.28 per quarter per EDU.
Multiple Consumer Units. Where more than one consumer unit is located on one property or in one building, house or other structure owned by one consumer and such property, building, house or other structure, at the discretion of this Township, is served by one service connection, multiple charges per quarter-annum shall be imposed upon such consumer for each consumer unit located on such property or in such building, house or other structure. If such property, building, house or other structure shall be metered, the multiple charge per quarter-annum shall be computed in the following manner: (1) the total consumption of water through such common water meter shall be divided by the number of consumer units served thereby; (2) the schedule of meter rates as from time to time established by this Township for computing water rates, rents and charges shall be applied to the resultant quotient; and (3) the resultant pro-rata rental and charge for each consumer unit shall be multiplied by the number of such consumer units receiving water service through such common water meter to arrive at the total bill for all such consumer units served through the common meter; provided, however, that there shall be charged any minimum rate, rental and charge as from time to time may be established by this Township per quarter-annum for each consumer unit computed on the same basis as if each consumer unit was served by a separate water meter.
[Ord. 1975-9, 6/6/1975, § 3]
All bills for water service, furnished to consumers shall be rendered quarterly on the first days of January, April, July and October of each year, or as soon after the first day of said months as is practicable, and shall represent the amount due for water service rendered during the preceding three months.
All bills for water service furnished to consumers shall be due and payable as of the date thereof. If bills for such water service shall not be paid within 15 days after such shall become due and payable, such bills shall be deemed delinquent and a penalty of 5% shall be added to such delinquent bills and collected as a part thereof. If bills for such water service shall not be paid within 30 days after such shall become due and payable, the bill therefor, in addition to the penalty of 5%, shall also bear interest at the rate of 1% per month or fraction thereof from the due date until the date of payment. When bills are paid by mail, the date of the postmark will be considered the date of payment.
Whenever any bill for water service furnished to a consumer shall remain unpaid for a period in excess of 30 days after the date thereof, this Township may, five days after mailing a delinquency notice to the consumer at his latest recorded address on the books of this Township, which notice shall inform the consumer of the delinquency and the penalty and shall declare the intention of this Township to shut off and discontinue water service if the bill is not paid within five days, discontinue water service, in which case water service will not be restored until the bill, including penalties, together with a turn-off and turn-on charge of $5 each has been paid.
Whenever water service to any consumer unit shall begin after the first day or shall terminate before the last day of any billing period, the water rates, rents and charges for such period shall be pro-rated equitably for that portion of the billing period during which service was provided by this Township.
Each bill for water service shall be made out in the name of the consumer. Each consumer initially shall provide this Township with, and thereafter shall keep this Township advised of, his correct address. Failure to receive a bill for water service shall not be considered an excuse for nonpayment, nor shall such failure result in an extension of the period of time during which such bill shall be payable without penalty.
No allowance or rebate will be made for unoccupied property unless and until: (1) the consumer shall have notified this Township of such vacancy in writing; and (2) such vacancy shall continue for at least 60 days. In any such event, service shall be restored only upon the execution of a new application therefor.
[Ord. 1975-9, 6/6/1975, § 4]
Where the consumer is also the owner of the property to be served the application to this Township for water service shall be made by such owner.
Where the consumer is not the owner of the property to be served the application to this Township for water service shall be made jointly by the owner and each consumer. In such case the owner shall be legally responsible for all bills rendered to consumers occupying property of the owner.
Such application for service shall be made on a form to be provided by this Township and shall be accompanied by such maps, reports or other data as may be required by this Township.
Making application to this Township for water service shall constitute an agreement by the applicant or applicants to comply with all rules and regulations of the Authority or this Township relating to the water system and shall constitute a grant to this Township of authorization for its properly authorized and identified representatives to have full and free access to the property to be served at all reasonable times for the purpose of reading meters, for inspection and repairs, for removal of property of this Township or the Authority or for any other purpose incident to rendering water service.
[Ord. 1975-9, 6/6/1975, § 5]
Use of Water. Water supplied by this Township may be used for all residential, business, industrial, agricultural, public or other legal purposes; provided, however, that this Township reserves the right to impose at any time such restrictions in the use of water as may become necessary due to accidents, breakdowns, shortages of water, temporary discontinuance of water service to make necessary repairs, removals or replacements or other unavoidable emergencies.
Every effort will be made to notify consumers before service is interrupted. However, no deduction in water rates will be allowed for failure on the part of this Township to supply water and this Township shall not be responsible for any losses due to inability to supply water.
Meter Service. Each consumer unit shall be required to have installed a water meter to measure the quantity of water consumed. Each such meter shall be furnished by the Authority or this Township and installed by the Authority or this Township, or by the owner in accordance with rules and regulations to be adopted by the Authority or this Township. All meters shall remain the property of the Authority.
[Ord. 1975-9, 6/6/1975, § 6]
Deposits may be required from consumers taking service for a period of less than 30 days in an amount equal to the estimated gross bill for such temporary period. Deposits may be required from all other consumers, provided that in no instance may deposits be required in excess of the estimated gross bill for any single billing period plus one month (the maximum period not to exceed four months), with a minimum of $20.
Deposits secured from a consumer shall be returned to the depositor when he shall have paid undisputed bills for service over a period of 12 consecutive months; and any such consumer, having secured the return of a deposit, shall not be required to make a new deposit unless the service has been discontinued or the consumer's credit standing impaired through failure to comply with provisions hereof.
The payment of any undisputed bill shall be payment of the bill with or without penalty within 15 days following the period for which the bill was rendered or payment within 15 days following the presentation of the bill, or the payment of any contested bill, payment of which is withheld beyond the period herein mentioned, where the dispute is terminated substantially in favor of the consumer and payment made by the consumer within 10 days thereafter.
[Ord. 1975-9, 6/6/1975, § 7]
When the ownership of a property changes from one person to another, the previous owner shall notify this Township in writing and in advance, the date of discontinuance of the service under his ownership. Should the owner fail to give such notice, he shall be responsible for all charges up to and including the date the new owner makes application for service. The new owner shall make application for service in the same manner as for a new service.
[Ord. 1975-9, 6/6/1975, § 8]
This Township reserves the right to remove and test any meter at any time and, if such meter is found to be inaccurate, to substitute another meter of the same size in its place, either permanently or temporarily.
In case of a disputed account involving the accuracy of a meter, such meter will be tested by this Township upon the written request of the consumer. In the event the meter tested is found to have an error in the registration greater than 2%, plus or minus, the cost of the test will be borne by this Township, and the bills will be adjusted accordingly. Should the meter be found to be correct, the cost for testing shall be billed to the consumer on the next quarterly bill submitted.
[Ord. 1975-9, 6/6/1975, § 9]
Upon failure of any consumer to comply with any provision set forth herein or with any additional rules and regulations adopted by the Authority or this Township relating to the water system, this Township may shut off the supply of water; cut-off and turn-on rates set forth in § 26-202 hereof shall apply in such cases.
[Ord. 1975-9, 6/6/1975, § 10]
Water rates, rents and charges imposed by this Part, to the extent permitted by law, shall be a lien on the property connected to and served by the water system; and any such water rates, rents and charges which shall be delinquent, to the extent permitted by law, shall be filed as a lien against the property so connected to and served by the water system, which lien shall be filed in the Office of the Prothonotary of Lancaster County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collecting of municipal claims.
Proper officers of this Township are authorized and directed to do all things and to take all legal action necessary to enforce collection of water rates, rents and charges established and imposed and otherwise to carry out provisions of this Part.
[Ord. 1975-9, 6/6/1975, § 11]
This Township, from time to time, in accordance with law, by appropriate ordinance or resolution, may adopt such additional rules and regulations as, in the opinion of the Board of Supervisors of this Township, shall be desirable, beneficial or necessary for or in connection with use and operation of the water system.
Any such additional rules and regulations shall be construed in conjunction with provisions hereof and shall become effective on the date fixed by this Township upon adoption thereof.
[Ord. 1975-9, 6/6/1975, § 12]
This Part shall become effective five days after enactment, as provided by law, and shall be applicable, as provided herein, to all consumers then connected with or thereafter connected with and served by the water system.
[Ord. 1975-9, 6/6/1975, § 13]
This Township reserves the right to repeal, amend, supplement or modify this Part or any part thereof, or to change the water rates, rents and charges established and imposed by this Part in such manner and at such times as, in the opinion of the Board of Supervisors of this Township, shall be necessary or desirable, all after due legal procedure.