Township of Honey Brook, PA Chapter 26 Water

Part 1 CAPPING OF WELLS

§ 26-101 General Policy.

[Ord. 43-1991, 5/1/1991; as amended by Ord. 77-1997, 11/12/1997]

The purpose of this Part is to protect the public water system from contamination or pollution by the capping and rendering useless of certain wells on particular properties, which wells have been determined to be contaminated or have the potential to be contaminated as a result of the presence of subsurface contaminants and which properties are proposed to be serviced by a public water supply system provided for the Borough of Honey Brook, Chester County, Pennsylvania. This Part shall apply to all premises serviced by the public water system of the Borough of Honey Brook, which public water system is presently identified as being proposed to certain properties noted on Exhibit A, said exhibit entitled "Welsh Landfill Superfund Site Proposed Waterline Hook-ups."[1] Attached to this Part as Exhibit B[2] is a map of a portion of Honey Brook Township, which map identifies all of the properties listed in Exhibit A and also identifies certain other properties within close proximity to the proposed waterline. This Part shall be applicable to all properties identified in Exhibit A as well as additional properties as located on Exhibit B if, when and as such properties are connected to the public water supply of the Borough of Honey Brook. In addition to the properties listed on Exhibit A and in addition to the other properties shown on Exhibit B within close proximity to the proposed water line, if there are other dwellings or land uses requiring water which are adjacent to or nearby existing water mains, such properties must be connected to the public water supply and included within the terms of this Part if such connection is determined to be appropriate by the Honey Brook Borough Authority or a successor authority or other municipal organization whose purpose is to administer the public water system.

[1] Editor's Note: Exhibit A is included as an attachment to this chapter.

[2] Editor's Note: Exhibit B is included as an attachment to this chapter.

§ 26-102 Prohibited Acts.

[Ord. 43-1991, 5/1/1991; as amended by Ord. 77-1997, 11/12/1997]

1. It shall be unlawful for any property owner to permit the usage of on-site water supply for any purpose whatsoever and for any period subsequent to said property being provided with public water supplied by the Borough of Honey Brook. Within 30 days of the connection of public water supply to any property, the property owner shall have the responsibility for and shall cause to be rendered ineffective and useless any on-site water supply. The property owner shall cap all existing on-site water supplies in a manner satisfactory to the provider of public water, namely the Borough of Honey Brook. The provisions of this section shall be applicable to all properties denoted on Exhibit A attached hereto and any additional properties shown on Exhibit B if, when and as properties shown on Exhibit B but not identified in Exhibit A are connected to the aforesaid public water supply.

2. When any property has been connected to public water supply, it shall be unlawful for the property owner or anyone on the property owner's behalf to disconnect the property from the public water supply or otherwise cease the use of public water for any purpose unless permitted in writing by the Honey Brook Borough Authority, or a successor authority or other municipal organization whose purpose is to administer the public water system, and the Honey Brook Township Board of Supervisors.

§ 26-103 Violations and Penalties.

[Ord. 43-1991, 5/1/1991; as amended by Ord. 77-1997, 11/12/1997]

1. Violations of this Part shall be enforced as a summary offense under the Pennsylvania Rules of Criminal Procedure pursuant to the mandate of Act 172 of 1996. Any person who violates or permits the violation of any provision of this Part shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine in an amount of not less than $25 and not more than $1,000 for each such violation, plus all court costs, including reasonable attorneys' fees incurred by the Township. No judgment shall be imposed until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.

2. When the Township takes appropriate enforcement action as permitted under Ordinance 43 of 1991 and/or Ordinance 74 of 1997 and/or appropriate civil enforcement proceedings as permitted by Ordinance 71-A of 1996, the Township may be reimbursed its expenses for doing same by the Borough of Honey Brook, the Honey Brook Borough Authority, or a successor authority or other municipal organization whose purpose is to administer the public water system.

Part 2 MANDATORY WATER CONNECTIONS

§ 26-201 Definitions.

[Ord. 90, 7/12/2000, Art. I]

1. Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Part shall be as follows:

AUTHORITY

The Caernarvon Township Authority, a municipal authority established by the Supervisors of Caernarvon Township, Barks County, Pennsylvania and duly organized as a municipal authority under the laws of the Commonwealth of Pennsylvania.

IMPROVED PROPERTY

Any property located within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and which property utilizes or shall utilize water service.

OWNER

Any person vested with ownership, vested with ownership, legal or equitable, sole or partial of any improved property.

PERSON

Any individual, partnership, company, association, society, corporation or other group or entity.

TOWNSHIP

The Township, Chester County, Pennsylvania, a duly organized second class township under the laws of the Commonwealth of Pennsylvania.

WATER SYSTEM

The municipal water system owned by the Authority, now existing or hereafter constructed, as well as all water system improvements hereafter dedicated to the Authority, including mains, valves, hydrants and all associated equipment and appurtenances.

§ 26-202 Provision for Water Service by Authority.

[Ord. 90, 7/12/2000, Art. II; as amended by Ord. 122-2006, 12/15/2006; and by Ord. 123-2006, 12/15/2006]

1. The Township agrees and ordains that the Authority shall have the right to distribute and serve water within certain limited parts of the geographic area of the Township, as fully described as follows:

A. ALL THAT CERTAIN parcel of land situate in the Township, as shown on a Final Title Plan of Minor Subdivision of Pennwood Farms, dated December 6, 1999 and last revised December 30, 1999, prepared by Edward B. Walsh and Associates, Inc., and being more fully described as follows:

BEGINNING at a point marking the intersection of the dividing line between Caernarvon Township, Berks County, to the northwest and the Township, to the southeast and the west line of Morgantown Industrial Park, which point is measured along said County dividing line, 6,829.13 feet, South 49 degrees 48 minutes 09 seconds West of a County line monument found on the southwest side of Route 401; thence from the point of beginning, along the west line of Morgantown Industrial Park, South 07 degrees 31 minutes 40 seconds East 379.69 feet to a corner of lands now or late of Paul and Leanna Beiler; thence partly along said lands and partly along lands now or late of Thomas McCartan and Peter Stanish, respectively, South 68 degrees 28 minutes 20 seconds West 998.45 feet to a point, the aforesaid County dividing line; thence along said line and through various lots of Pennwood Farms Subdivision, as shown on said plan, North 49 degrees 48 minutes 09 seconds East 1150.87 feet to the point of BEGINNING.

CONTAINING: 4.189 acres of land, be the same, more or less.

B. ALL THAT CERTAIN lot or piece of land located in the Township bounded and described as follows:

BEGINNING at a limestone a corner of land of Amos K. Stoltzfus; thence by land of Isaac Beiler, David M. Hertzler, David Potts, South 3 degrees East 117 perches to a stone; thence by land of said David Potts, South 89 degrees West 109 perches to a stone heap; thence by land of David Buckwalter, North 3 degrees West 109 perches to a stone heap; thence by land of Stephan Stoltzfus, North 73 degrees East 29.2 perches to the place of BEGINNING.

2. It is further resolved and agreed that with the area described at Subsection 1, the Authority shall have the right and power to establish rates and assessments, connection fees and other charges permitted by law, and to impose and enforce the same directly against users of water supplied by the Authority. Further, the Authority shall be permitted to establish rules and regulations from time to time pursuant to law governing the terms and conditions applicable to service by the Authority to its customers, including those customers situate in Township, Chester County, PA.

§ 26-203 Use of Public Water System Required.

[Ord. 90, 7/12/2000, Art. III]

1. The owner of any improved property abutting the water system, other than industries and farms which have their own supply of water for uses other than human consumption, shall connect such improved property to the water system in such manner as the Township and the Authority may require, within 45 days after notice to such owner from the Authority to make such connection.

2. The notice by the Authority to make a connection to the water system, referred to in Subsection 1, shall consist of a copy of this section or a summary of each section thereof, including any amendments and/or supplements at the time in effect, 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 45 days from the date such notice is given. Such notice may be given at any time after a water main is in place which can supply water to the particular improved property. Such notice shall be served upon the owner by regular U.S. mail, postage prepaid.

§ 26-204 Connections.

[Ord. 90, 7/12/2000, Art. IV]

1. No person shall construct any connection to, uncover, connect with, make any opening into or use, alter or disturb, in any manner, any water main constituting a part of the water system, without first making application for and securing a permit, in writing, from the Authority. Such application shall be made on a form to be provided by the Authority.

2. All connections to the water mains and the installation of any service line to an improved property shall be accomplished in conformance with the rules and regulations of the Authority.

3. Only persons properly authorized by the Authority shall be permitted to make service line and service connection installations.

§ 26-205 Grant of Easement.

[Ord. 90, 7/12/2000, Art. V]

1. The Township grants to the Authority, its successors and assigns, all easements, rights of way and other rights and privileges necessary and desirable in, along, over and under streets, roads, lanes, courts, public squares, alleys, highways, and other properties of this Township, together with free ingress, egress and regress therein and thereto, along with other persons having interests, rights or privileges therein, for use in connection with constructing, expanding, improving, replacing, repairing, altering, maintaining and operating the water system, as the same shall exist, from time to time.

2. The rights and privileges granted to the Authority under Subsection 1 shall be exercised by the Authority under and subject to such reasonable rules, regulations and conditions as shall be adopted and specify, from time to time, such reasonable rules, regulations and conditions in connection with exercise by the Authority of such rights and privileges.

§ 26-206 Enforcement.

[Ord. 90, 7/12/2000, Art. VI; as amended by Ord. 122-2006, 12/15/2006]

Any person who shall violate this Part, 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 $50 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.

§ 26-207 Declaration of Purpose.

[Ord. 90, 7/12/2000, Art. IX]

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.