[Ord. 1968-6, 3/11/1968; as amended by Ord. 543, 4/23/1979;
by Ord. 557, 5/18/1981; by Ord. 636, 5/23/1989, § 1-6; by
Ord. 715, 6/17/1996; by Ord. 725, 12/15/1997; by Ord. 728, 2/9/1998;
by Ord. 748, 6/11/2001; and by Ord. 785, 2/13/2006, § 1]
1.
These rules and regulations are a part of the contract of every property
owner who takes water, and every such property owner by the taking
of water agrees to be bound thereby.
2.
Application for Water Service. Application for water service shall
be made to the Borough Secretary. Applicants shall state fully the
purpose for which such service is to be used, shall give the proper
location of the premises to be supplied and, if required to do so,
shall fill in application blanks for any permits required. Applicants
shall also give other essential information which may be requested
of them.
3.
All Borough Water Used must Be Metered. A meter must be installed
on all water service lines before water is turned on.
4.
The water meters shall be furnished by the Borough and paid for and
installed by the property owner. Meters shall be serviced and kept
in working order by the Borough at the expense of the property owner.
Meters shall be installed in a horizontal position clear of any obstructions
which interfere with meter readings and safe from freezing temperatures.
A valve must be installed on each side of all meters to stop the flow
of water so that meter can be removed. All meter pits shall be 36
inches below ground level with inside dimensions not less than 32
inches by 32 inches, with a removable cover not less than 20 inches
in diameter.
A.
On or after the effective date of this subsection, all water meters
installed or replaced shall be the property of the Borough, shall
be supplied for installation at the cost of the Borough and shall
be serviced by or at the direction of the Borough and at Borough expense,
except if the repair or replacement is caused by the action or neglect
of the property owner; in such case, the reasonable cost of the repair
or replacement shall be paid by and collected from the property owner
in the same manner as the collection of water rates. All water meters
shall be installed in strict conformity with such specifications as
the Borough may from time to time adopt. Notwithstanding the foregoing,
if, at the request of a property owner, more than one water meter
is installed to serve an individual property, the cost of installation
of any such additional or submeter may, in the sole discretion of
the Borough, be charged in whole or in part to the property owner.
5.
All semidetached houses shall have a separate service line into each
side of the house and a meter installed on each service line.
6.
All meters shall be sealed by the Borough. It shall be illegal for
anyone other than duly authorized persons to break this seal, and
the offender, upon conviction, shall be punishable for each offense
by up to the maximum penalties permitted by law.
7.
Borough Council reserves the right to have any duly authorized person
or persons enter upon any property where Borough water is used, at
any reasonable time, for the purpose of inspecting pipes, water fixtures
and meters and for the reading of meters. Credentials shall be shown
if requested.
8.
Any property owner desiring Borough water for a property outside
of the Borough shall make application to the Borough Secretary for
a permit. If Borough water is used, such property owner must install
a water meter, and the rates for the use of Borough water shall be
20% higher than the standard rates set in this Part. All expense of
getting water from the nearest main shall be borne by the property
owner desiring Borough water. A valve must be located in the Borough
so that such service may be discontinued. Council specifically reserves
the right to discontinue service to property owners outside of the
Borough by giving such property owners one year's notice of intention
to discontinue such service.
9.
Purpose. The purpose of these regulations is to prohibit the use
of water in response to the state of drought and water supply emergency
within the Borough of Oxford and which may affect the Oxford Borough
waterworks, in order to conserve water, to balance demand with limited
available supplies and to assure that sufficient water is available
to serve essential health, safety and economic needs.
A.
Scope. These regulations shall apply to all water users within the
Borough of Oxford and outside the Borough of Oxford, using water supplied
through Borough water facilities.
B.
ANY WATER
ARBORETUM
BRACKISH WATER
CONNECTION FEE
CONSUMER
CONSUMER'S WATER SYSTEM
EQUIVALENT RESIDENTIAL UNIT
FRESH WATER
RECLAIMED WATER
RESIDENTIAL UNIT
SUPPLEMENTAL TAPPING FEE
TAPPING FEE
WASTEWATER
WATER CONNECTION ABANDONMENT
WATER DISTRIBUTION SYSTEM
Definitions. As used in this Part, the following terms shall have
the meanings indicated:
Any type of water, including fresh water, brackish water,
wastewater or reclaimed wastewater.
A place where trees, shrubs and plants are cultivated for
scientific and educational purposes.
Water containing more than 1,000 parts per million of dissolved
salts.
A fee established by duly adopted resolution of the Borough
Council, which fee is to reimburse the Borough for the cost of inspecting,
approving, and/or installing any water connection from a consumer's
water system to the water distribution system.
See § 26-406, incorporated herein by reference.
See § 26-406, incorporated herein by reference.
A formula calculated by the Borough Engineer or other qualified
person which relates nonresidential units to residential units for
purposes of establishing the appropriate tapping fee for nonresidential
units. Such formula shall be established by duly adopted resolution
of the Borough Council.
Water withdrawn from a surface or ground water source or
from a public water supply system located within the Delaware River
Basin, which has not been previously used, other than brackish water
and water from a nonpotable source. "Fresh water" does not include
water collected directly from precipitation in rain barrels or cisterns.
Water from a nonpotable source, water from a surface or ground
water source which the Department of Environmental Protection determines
is not used for public or private drinking water supply and is not
capable of being rendered suitable for drinking water supply by standard
and economically feasible methods of treatment.
Any building or part thereof designed or occupied as a residence
for one or more persons as a family or like living unit.
An additional tapping fee to be paid to the Borough when
any existing building or structure connected to the water system is
to be converted, enlarged or remodeled, or the use increased, or where
additional buildings or structures are to be constructed on a property
and connected indirectly to the water system so as to create or establish
additional and/or alternate use.
[Added by Ord. 879, 5/12/2014]
A fee calculated by the Borough Engineer, or other qualified
person, pursuant to the provisions of Act 57 of 2003, amending the
Municipality Authorities Act, for each residential or equivalent residential
unit which is to receive water through the water distribution system.
Said tapping fee shall be established by resolution of the Borough
Council.
Water which has been previously used for industrial, municipal,
domestic or other purpose and has not been returned to the surface
or ground water source.
A connection that has not paid the minimum (base rate) fee for two years will be considered abandoned. To reconnect this connection, the applicant must follow the procedures listed in § 26-102, Subsection 2, and pay all tapping and capital cost connection fees. The beginning of the two-year period is the date of adoption.
The pipes, valves, mains, appliances, and conduits which
convey water from the Borough water source to consumers, whether or
not such system is owned or installed by the Borough or dedicated
to the Borough.
C.
Use of water. The use of water for sprinkling purposes, washing of
automobiles, porches or pavements and for such uses as may be herein
provided shall at all times be subject to the express condition that
Council may, at any time, when in its opinion the condition of water
supply demands it, limit the time of day during which water may be
used for such purposes, and Council may forbid the use of water for
such purposes for any period it may deem necessary.
D.
Prohibition of nonessential uses. The following water uses are declared
nonessential and may be prohibited under certain conditions within
the Borough of Oxford and by users of water supplied by the Borough
of Oxford:
(1)
The use of any water for watering of lawns.
(2)
The use of fresh water for irrigation and watering of outdoor
gardens, landscaped areas, trees, shrubs and other outdoor plants,
except:
(a)
The use of fresh water applied by means of hand-held containers
(no hoses) for irrigation of domestic vegetable and fruit gardens,
to the extent that sources of water, other than fresh water, adequate
to supply needs are not available or feasible to use.
(b)
The use of fresh water by commercial nurseries at the minimum
level necessary to maintain stock, to the extent that sources of water,
other than fresh water, adequate to supply needs are not available
or feasible to use.
(c)
The use of fresh water at the minimum rate necessary to implement
revegetation as required pursuant to an approved erosion and sedimentation
control plan adopted pursuant to state law or regulation, to the extent
that sources of water, other than fresh water, adequate to supply
needs are not available or feasible to use.
(3)
The use of any water for washing paved surfaces such as: streets,
roads, sidewalks, driveways, garages, parking areas, tennis courts
and patios.
(4)
The use of any water for ornamental purposes, including fountains,
artificial waterfalls and reflecting pools.
(5)
The use of any water for washing or cleaning of automobiles,
trucks, other motor vehicles and trailers, except:
(7)
The use of fire hydrants by fire companies for testing fire
apparatus and for fire department drills except as deemed necessary
in the interest of public safety and specifically approved by the
Borough Council of Oxford.
(8)
The use of water for flushing sewers or hydrants by municipalities
or any other person except as specifically found necessary and approved
in the interest of public health or safety by the Borough Council
of Oxford.
(9)
The serving of water in restaurants, clubs or eating places
unless specifically requested by a customer.
(10)
The use of any water to refill air-conditioning cooling towers
after draining, except:
(11)
The use of water to fill swimming pools, except:
(a)
The use of water to fill public swimming pools and residential
swimming pools serving 25 or more dwelling units, provided that such
pools have filtration equipment allowing for continued use and recycling
of the water over the swimming season.
(b)
The use of water to fill swimming pools operated by health care
facilities used in relation to patient care and rehabilitation.
(c)
Water may be used to fill pools registered as emergency water
storage reservoirs, in accordance with the following requirements:
1)
A new or existing pool may be designated as an emergency water
storage reservoir upon registration with both the local fire company
and the Borough of Oxford. Registrations shall be filed and recorded
on a form approved by the Pennsylvania Emergency Management Agency.
2)
After registration as an emergency storage reservoir, the pool
may be filled only from such sources and at such times as specifically
approved in writing by the Borough Council of Oxford and, if applicable,
the operator of the public water supply system from which the water
is withdrawn.
3)
The owner of any pool used as an emergency water storage reservoir
shall keep a certified manifest or certified record of all water used
to fill the pool. The manifest or record shall accurately record the
quantity of water used, the source of the water and the time when
the water was withdrawn, and shall contain the certification and signature
of the owner of the pool and of the person responsible for the source
of water or for the transport and provision of the water. The owner
of the pool shall, on request, provide the manifest or record to any
authorized agent or officer of any public water supply system, fire
company, local government or state agency.
4)
All pools used as emergency water storage reservoirs shall have
filtration equipment allowing for continued use and recycling of the
water over the swimming season.
5)
In order to reduce evaporation and water losses to the minimum,
all pools designated as emergency water storage reservoirs shall be
covered whenever not in use for swimming and all diving boards shall
be removed and not used during the period of the drought emergency.
6)
Water stored in any emergency water storage reservoir shall
be made available on demand to any fire company or public water supply
system to provide water for health and safety needs.
E.
Any person who violates the provisions of this section, who fails
to carry out duties and responsibilities imposed by this section,
shall be guilty of a violation of the provisions of this section and,
upon conviction thereof, shall be punishable for each offense by up
to the maximum penalties permitted by law.
F.
Effective Period. These regulations shall remain in effect until
terminated by action of Oxford Borough Council.
G.
Effective Date. The provisions of this section relating to nonessential
water uses occurring by reason of drought shall not be invoked until
such an emergency has been determined to exist by the Borough Council
and due notice that the water supply emergency exists is given by
public advertisement in a newspaper of general circulation, which
notice shall state the date when the provisions of this section shall
become effective.
10.
Excessive or unnecessary use of water, whether caused deliberately
or by defective or leaking plumbing, is prohibited. If the Water Department
gives notice to a property owner or to any person occupying the premises
to discontinue such waste or correct such defective or leaking plumbing
and if such notice is not complied with within 24 hours, the water
may be shut off and not turned on again until the notice is complied
with and the charges for turning the water off and on again, as established
by resolution of the Borough Council, have been paid.
11.
The users of water, by the acceptance thereof, agree that the Water
Department shall have the right at any time to shut off the water
or decrease or increase the pressure without notice for the purpose
of extending, replacing, repairing or cleansing the mains and appurtenances
or for any other lawful purpose, and the Borough shall in no manner
be liable for any damage arising from such action, nor shall any claim
be made against the Borough by reason of the breaking of any service
line or connection. In the event of a general shortage of water, the
Water Department shall have the right to decrease the supply of water
as circumstances may require and to provide for the distribution of
the available supply as may be determined.
12.
Under no circumstances shall the Borough assume liability for failure
to supply water to any consumer, whether the cause of such failure
is within or beyond the Borough's control. The Borough shall
be under no liability for damage or injury by fire to any person or
property caused by the total or partial failure of water service or
pressure, for any cause, whether within or beyond the control of the
Borough.
[Ord. 1968-6, 3/11/1968; as amended by Ord. 533, 8/14/1978;
by Ord. 543, 4/23/1979; by Ord. 591, 9/5/1985; by Ord. 594, 4/29/1986;
by Ord. 628, 9/13/1988, Art I; by Ord. 636, 5/23/1989, § 1-6;
by Ord. 668, 7/20/1992, §§ 2.2.3.d, 2.2.4; by Ord.
703, 4/17/1995; by Ord. 709, 4/15/1996; by Ord. 748, 6/11/2001; by
Ord. 785, 2/13/2006, §§ 2, 3]
1.
The water mains of the Borough shall be under the exclusive control
of the Water Department. No person or persons other than employees
of said Department shall disturb or interfere with any mains whatsoever.
Any person in violation hereof shall, upon conviction thereof, be
punishable for each offense by up to the maximum penalties permitted
by law.
2.
Permit for Connection; Regulations; Fee.
A.
No person shall uncover, connect with, make any opening into, use,
alter or disturb in any manner any part of the water system without
first obtaining a permit in writing from the Borough of Oxford.
B.
Application for a permit shall be made by the owner of the improved
property served or to be served or by the duly authorized agent of
such owner.
C.
No person shall make or cause to be made a connection of any improved
property to the water system until such person fulfills each of the
following conditions:
(1)
Notifies the Borough of Oxford of the desire and intention to
connect such improved property to the water system.
(2)
Applies for and obtains a permit as required herein.
(3)
Gives the Borough of Oxford at least 72 hours' notice before
such connection will be made in order that the Borough of Oxford may
supervise and inspect or may cause to be supervised and inspected
the work, connection and necessary testing.
(4)
Pays to the Borough of Oxford a tapping fee in an amount to
be established by resolution of the Borough Council.
(5)
Pays to the Borough of Oxford a connection fee in an amount
to be established by resolution of the Borough Council.
(6)
No permit as required in Subsection 2C(2) above shall be issued until all necessary sewer permits have been approved for issuance.
(7)
Where any existing building or structure connected to the water
system shall be converted, enlarged or remodeled, or the use increased,
or where additional buildings or structures shall be constructed on
a property and connected to the water system so as to create or establish
additional and/or alternate uses, a supplemental tapping fee for each
additional use shall be paid to the Borough at the time the owner
obtains a building permit. If a building permit is not applied for
by the owner, the supplemental tapping fee shall be due and owing
at the time the Borough determines that there has been a change.
[Added by Ord. 879, 5/12/2014]
D.
Each separate principal building or each separate property or each
property under separate ownership requiring water service shall be
supplied through a separate physical connection to the water distribution
system, unless the Borough determines that there are unusual and unique
circumstances which will permit or require a single physical connection
for more than one principal building.
E.
All costs and expenses of construction of a building main (extension
from the water system of any structure to a main) shall be home by
the owner of the improved property to be connected, and such owner
shall indemnify and save harmless the Borough of Oxford from all loss
or damage that may be occasioned directly or indirectly as a result
of the construction of a building main or a connection of a building
main to a main.
F.
A building main shall be connected to a main at the place designated
by the Borough of Oxford and, if applicable, where a lateral is provided.
A smooth, neat joint shall be made, and the connection of the building
main to the main shall be made secure and watertight.
G.
No building main shall be covered until it has been inspected and
approved by the Borough of Oxford. If any part of the building main
is covered before being so inspected and approved, it shall be uncovered
for inspection at the cost and expense of the owner of the improved
property to be connected to a main.
H.
Every excavation for a building 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 the course
of installation of a building main shall be restored at the cost and
expense of the owner of the improved property being connected, in
a manner satisfactory to the Borough of Oxford, in accordance with
Borough ordinance.
3.
No person or persons shall turn on the water service to any property
without a written permit from the Borough Secretary. Penalty for so
doing shall be up to the maximum penalties permitted by law.
4.
No person or persons shall, without a permit from the Borough Secretary,
use or interfere with any fire hydrant If any person desires to fill
any tank, swimming pool or other container by use of a fire hydrant,
such persons must obtain a permit from the Borough Secretary, setting
forth the time such use is desired, the location of the tank, pool
or container, the location of the fire hydrant desired to be used
and the capacity of the tank, pool or container. The cost of such
permit and the cost of water and labor involved shall be in amounts
set out in a schedule of fees as established and revised from time
to time by resolution of the Borough Council and on file in the office
of the Borough Manager. Water not picked up between 7:00 a.m. and
4:00 p.m., Monday through Friday, will result in additional billing
at current overtime rate that is in effect (one-hour minimum). Any
person in violation hereof shall, upon conviction thereof, be punishable
for each offense by up to the maximum penalties permitted by law.
[Ord. 1968-6, 3/11/1968; as amended by Ord. 472, 9/13/1971;
Ord. 491, 3/12/1973; by Ord. 522, 6/13/1977; by Ord. 533, 8/14/1978;
by Ord. 543, 4/23/1979; by Ord. 562, 2/15/1982; by Ord. 565, 12/20/1982;
by Ord. 576, 12/19/1983; by Ord. 584, 12/27/1984; by Ord. 591, 9/5/1985;
by Ord. 599, 9/30/1986; by Ord. 617, 9/22/1987, § 1; by
Ord. 636, 5/23/1989, § 1-6; by Ord. 638, 9/19/1989, § 1;
by Ord. 641, 10/17/1989, § III; by Ord. 654, 9/11/1990;
by Ord. 666, 12/30/1991, § 1; by Ord. 668, 7/20/1992; by
Ord. 676, 12/14/1992; by Ord. 695, 5/16/1994; by Ord. 709, 4/15/1996;
by Ord. 746, 12/28/2000; by Ord. 764, 5/17/2004; by Ord. 796, 12/18/2006;
by Ord. 809, 12/17/2007, § 1; by Ord. 810, 12/17/2007; by
Ord. 819, 12/15/2008, § 1; by Ord. 826, 12/14/2009, § 1;
by Ord. 838, 12/13/2010, § 1; by Ord. 847, 9/12/2011, § 1;
and by Ord. 861, 11/12/2012, § 1]
1.
Water Bills Charged to Owners. All bills for water, material and
service shall be charged to and collected from the owner or owners
of the premises served by or connected to the water system.
2.
Premises occupied or used by two or more billing units or usages.
In all cases where water is served to a premises occupied by two or
more billing units (as hereafter defined) and it is difficult or impractical
to install separate meters for each usage or billing unit, the usage
as registered by the water meter will be equally divided among the
billing units or usages and a bill for each billing unit or usage
shall be calculated and billed to the owner of the premises.
A.
Definitions. The following words and terms as used in this section
shall have the meaning respectively ascribed to them as follows:
(1)
Premises. A property which cannot be completely divided in its
present utilitarian condition through sale, that is:
(a)
A building under one roof owned, leased or occupied by one party
and used as one business or dwelling unit.
(b)
A combination of residential or commercial buildings owned,
leased or occupied by one party in one common enclosure.
(c)
The one side of a double house or a row house having a partition
wall or walls and used as one dwelling unit.
(d)
A building owned, leased or occupied by one party having more
than one internal division, such as living apartments, offices, stores,
etc., and having a common and/or separate entrance.
(2)
Billing Unit. Any portion of a building or combination of buildings
utilized for separate purposes, having a separate or common kitchen
and/or separate or common sanitary facilities, including but not limited
to a living apartment, dwelling, commercial establishment, individual
facility and office.
B.
Water Meter Rates.
(1)
Water charges shall be made at the following rates:
|
First 5,000 gallons or fraction thereof
|
$31 flat rate per quarter
| |
|---|---|---|
|
Per Quarter
|
Net Rate per 1,000 Gallons
| |
|
Excess per 1,000 gallons between 5,001 and 50,000 gallons
|
$7.70
| |
|
Excess per 1,000 gallons between 50,001 and 100,000 gallons
|
$8.43
| |
|
Excess per 1,000 over 100,001 gallons and 150,000 gallons
|
$9.56
| |
|
Excess per 1,000 gallons over 150,001 gallons
|
$9.83
|
(2)
This section shall apply to water meter readings and billings.
3.
Water rates payable quarter-annually. Water charges shall be payable
quarter-annually and shall be rendered during the months of January,
April, July and October.
A.
Meter readings. All meters shall be read quarterly and/or semiannually
or at any intervening period deemed necessary by the Borough. Those
meters read semiannually shall have the quarter-annual excess estimated,
which shall be adjusted and billed according to the following regular
schedule meter reading.
B.
Advance payment of minimum water rates; penalty. Minimum water rates
shall be payable in advance within 30 days after the date of billing,
after which a penalty of 12% of the amount of the bill, including
excess, shall be added.
4.
Where the water service has been shut off or turned on again for
any reason which was caused by the action or inaction of the owner
or occupier of the premises, a charge in an amount as established
from time to time by resolution of Borough Council shall be made to
have the water shut off and a charge in an amount as established from
time to time by resolution to have it turned on again.
5.
The Borough shall, after a ten-day notice of intention to shut off
the water for nonpayment of water rents and whatever other statutory
notice may be from time to time required, has been given, in writing,
to the owner or posted on the property, shut off the water supply
of any premises for which a bill has been unpaid for 30 days or more.
Once the water has been shut off, it shall not be turned on until
all bills for water and sewer service to the date of restoration of
service have been paid, together with the costs provided herein for
turning the water off and on.
6.
Each meter shall be billed separately, and the minimum rate and excess
rate as provided herein shall apply to each meter even if more than
one meter is serving a property.
7.
In case of failure of a meter to register, the charge shall be based
upon the average consumption of the preceding three-month period,
unless some unusual condition shall be shown to have existed, when
such condition shall govern the charge for that period.
8.
No allowance will be made on account of vacant premises unless the
owner or his agent files a request with the Borough Secretary, in
writing, and pays the charge established by resolution of the Borough
Council for shutting off the water. No credits, however, will be allowed
for periods covering less than three months.
9.
Where water is used for a building operation, a meter shall be installed,
and all water used during the construction of such building shall
be paid for at the one-thousand-gallon rate as shown under the scheduled
meter rates.
10.
The Borough Council reserves the right to render additional bills
where it is shown that more water has been used than has been charged
for during the year.
11.
Charges for water shall be a lien upon the premises as provided by
statute. Whenever a bill for water service remains unpaid 60 days
after it has been rendered, the Secretary of the Borough Council may
file with the Prothonotary of Chester County a statement of a lien
claim, This statement shall contain the legal description of the premises
served, the amount of the unpaid bill and a notice that the Borough
claims a lien for this amount as well as for all charges for water
service subsequent to the period covered by the bill. If the consumer
of water whose bill is unpaid is not the owner of the premises and
the Secretary of the Borough Council has notice of this, then notice
shall be mailed to the owner of the premises, if his address is known
to the Secretary of the Borough Council, whenever such bill remains
unpaid for a period of 60 days after it has been rendered. The failure
of the Secretary of the Borough Council to record such lien claim
or to mail such notice or the failure of the owner to receive such
notice shall not affect the right to foreclose the lien for unpaid
water bills as mentioned in the following subsection.
12.
Property subject to a lien for unpaid water charges shall be sold
for nonpayment of the same, and the proceeds of such sale shall be
applied to pay the charges, after deducting costs, as is the case
in the foreclosure of statutory liens. Such foreclosure shall be by
bill in equity in the name of the Borough. The Solicitor of the Borough
of Oxford is hereby authorized and directed to institute such proceedings,
in the name of the Borough, in any court having jurisdiction over
such matters, against any property for which the water bill has remained
unpaid 60 days after it has been rendered.
