[Ord. 91-37, 7/17/1991, § 201]
Excepting the district created and regulated by Ord. 5/7/1968, § 13-101, connection to public sanitary sewer and potable water services in East Fallowfield Township is hereby authorized only within defined districts set forth hereafter and pursuant to the terms of this Part.
[Ord. 91-37, 7/17/1991, § 202]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
A body corporate and politic organized under the Municipality
Authorities Act of 1945, incorporated by the City of Coatesville.
That part of the water or sanitary sewer service pipe extending
from CCA's service connection at the main to the customer's
building including, but not limited to, the curb stop or service valve,
curb box or the valve box, and meter box, and backflow preventer.
Any property within East Fallowfield Township upon which
there is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals.
Any improved property located within East Fallowfield Township
and used or intended for use, wholly or in part, for the manufacturing,
processing, cleaning, laundering, or assembling of any product, commodity
or article.
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority, or other group
or entity.
Any pipe or conduit constituting a part of the sewer system
used or usable for sanitary sewer effluent collection or transmission.
All facilities, as of any particular time, for transmission,
storage, treatment of sanitary sewer effluent in the public water
and sewer districts of East Fallowfield Township owned by the Township
and leased to CCA for maintenance, operation, and use.
Those areas defined in Exhibit A of the Water Waste Water
Service Agreement of East Fallowfield Township dated July 17, 1991,
and July 17, 1991. Copies of the Exhibits are attached hereto.[1]
All facilities, as of any particular time, for production,
transmission, storage, and distribution of water in the public water
and sewer districts of East Fallowfield Township owned by the Township
and leased to CCA for maintenance, operation, and use.
[1]
Editor's Note: Said Exhibits are on file in the Township
office.
[Ord. 91-37, 7/17/1991, § 203]
1.
The owner of any property to be improved after the enactment date
of this Part, which property is wholly within the water and sewer
district, except any improved property which shall constitute an industrial
establishment or a farm which has its own supply of water for uses
other than human consumption, shall connect such improved property
with and shall use such water and sewer system in such manner as CCA
may require, within 90 days after notice to such owner from East Fallowfield
Township to make such connection; subject to such limitations and
restrictions as shall be established herein or otherwise shall be
established by CCA.
2.
The notice by East Fallowfield Township to make connection to a main and sanitary sewer referred to in Subsection 1 shall consist of a copy of the ordinance, including any amendments and/or supplements at the time in effect, or a summary of each section thereof, 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 90 days after the date such notice is given or served. Such notice may be given or served at any time after a main and/or a sanitary sewer is in place which can deliver water and/or which can provide sanitary sewer to the particular improved property. Said notice shall be given or served upon the owner in accordance with law.
3.
If an owner of an improved property required to connect with a water
system and/or a sanitary sewer system pursuant to this Part shall
neglect or refuse to connect with and use said system(s) for a period
of 90 days after notice to do so has been served upon him by the Board
of Supervisors of East Fallowfield Township, either by personal service
or by registered mail, said Supervisors or their agents may enter
upon such property and construct such connection(s). In such case,
the Supervisors shall forthwith, upon completion of the work, send
an itemized bill of the costs of construction of the connection(s)
to the owner of the property to which connection(s) has or have been
made, which bill shall be payable forthwith, or the Supervisors may
authorize the payment of the costs of construction of connection(s)
in equal monthly installments; said installments shall bear interest
at the rate not to exceed 7% per annum. If said itemized bill and/or
installment is not paid forthwith as provided by this section, the
Supervisors shall authorize the collection of said debt by appropriate
legal means, including but not limited to, the filing of a municipal
lien against said property.
[Ord. 91-37, 7/17/1991, § 204]
1.
No person shall uncover, connect with, make any opening into, use,
alter, or disturb, in any manner, any main or any part of the water
system, nor any line or part of the sanitary sewer system. All work
including the operation of valves and mains or connection to the water
system and/or the sanitary sewer system shall be performed by CCA.
2.
No connection to the water system for water service or the sanitary
sewer system for sewer service shall be made until each of the following
conditions are fulfilled:
A.
Application must be made to CCA for water service and/or sanitary
sewer service on the forms provided by CCA and in accordance with
their rules and regulations.
B.
All connection, meter, and tapping fees which may be charged and
imposed by CCA against the owner of each improved property who connects
such improved property to a main and/or sanitary sewer line have been
paid.
3.
Except as otherwise provided in this § 26-104, each improved property shall be connected separately and independently with a main and/or sanitary sewer service line through the customers' service lines. Grouping of more than one improved property on one customer's service lines shall not be permitted.
4.
All costs and expenses of construction of a customer's service
lines and all costs and expenses of connection of a customer's
service lines to a main and/or sanitary service line shall be borne
by the owner of the improved property to be connected; and such owner
shall indemnify and shall save harmless CCA from all loss or damage
that may be occasioned directly or indirectly, as a result of construction
of a customer's service line and/or sanitary sewer service line
or of connection of a building to a main and/or sanitary sewer service
line.
[Ord. 91-37, 7/17/1991, § 205]
1.
No customer's service lines shall be covered until it has been
inspected and approved by CCA. If any part of a customer's service
lines are covered before so being 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 and/or a sanitary
sewer service line.
2.
Every customer's service lines of any improved property shall
be maintained in a sanitary and safe operating condition by the owner
of such improved property.
3.
Every excavation for a customer's service lines 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 customer's service line shall
be restored, at the cost and expense of the owner of the improved
property being connected, in a manner satisfactory to CCA.
4.
If any person shall fail or shall refuse, upon receipt of a notice
in writing of CCA to remedy any unsatisfactory condition with respect
to a customer's service lines within 60 days of receipt of such
notice, CCA may refuse to permit such person to be served by the water
system and/or sanitary sewer system until such unsatisfactory condition
shall have been remedied to the satisfaction of CCA.
5.
CCA reserves the right to adopt, from time to time, additional rules
and regulations it shall deem necessary and proper relating to connections
with a main and/or sanitary sewer service line and with the water
system, and/or the sanitary sewer system which additional rules and
regulations, to the extent appropriate, shall be and shall be construed
as part of this Part.
[Ord. 91-37, 7/17/1991, § 206]
Upon completion and construction of said water system and sanitary
sewer system the cost thereof shall be assessed to and collected from
the owners of the property connected thereto or required to be connected
thereto in accordance with the rules and regulations of the CCA and
the Water and Waste Water Service Agreement for East Fallowfield Township
dated July 17, 1991, and July 17, 1991.
[Ord. 91-37, 7/17/1991, § 207]
Following connection to said water system and/or sanitary sewer
system, there is hereby imposed a water charge and/or a sewer charge
for the use of the Township water system and/or sanitary sewer system,
to be payable by the owners of all properties served by the water
system and/or the sanitary sewer system in said water and sewer districts.
The amount of the charge(s) shall be as determined by the CCA and
in accordance with the Water and Waste Water Service Agreement of
East Fallowfield Township dated July 17, 1991, and July 17, 1991.
[Ord. 91-37, 7/17/1991, § 208]
Any water or sewer charge not paid on or before the first day
of __________ of any year shall be liened upon the property charged
with the payment thereof on the first day of__________ of such year.
Such water or sewer service charge, if not paid after 30 days'
notice may be collected as provided by law, by action of assumpsit,
or by lien filed in the nature of a municipal lien.
[Ord. 91-37, 7/17/1991, § 209; as amended by Ord. 93-1, 3/10/1993, § 1]
1.
The following areas of East Fallowfield Township are hereby designated
Water and Sewer Districts:
A.
District No. 1: All of the area east of Doe Run Road, north of Strasburg
Road, west of Buck Run Road, and west of the South Coatesville Borough
line and south of the Valley Township Line, as set forth in Exhibit
A in the Water and Waste Water Service Agreement for East Fallowfield
Township dated July 17, 1991, a copy of Exhibit A is attached as part
of this Part. The franchise area of Chester County Utilities, Ltd.
Water Company is excepted from the district as to water service only,
but such portion of the franchise area as falls within the area described
above, shall be subject to and part of the water and sewer district
for purposes of waste water service and shall otherwise be subject
to the requirements of this Part. In so far as Exhibit A excepts out
or delineates the franchise area of Chester County Utility, Ltd.,
it does so for purposes of water services only, and not for waste
water service.
B.
District No. 2: This District consists of two areas, 2A and 2B, which
are set forth and described as follows:
(1)
No. 2A. All of the area east of Mt. Carmel Road comprising a
portion of the Strasburg Hills subdivision designated and delineated
as Water and Sewer District #2A on Exhibit A which is attached hereto
and incorporated herein by reference as a part of this Part.
(2)
No. 2B. The boundaries of Water District #2B, as shown on Exhibit
A, are established for the extension of water service only to certain
properties within the designated district the boundaries of Tax Map
Parcel 47-4-27.2 lying north of Strasburg Road and west by properties
fronting along the westerly side of Hannum Drive, represent the boundaries
of a proposed development, Willow Rock, by MPT, Inc.
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District No. 2 shall be serviced by a water main not greater
than eight inches in diameter. No water mains or sanitary sewer service
lines shall be extended beyond the water and sewer district lines
and no service shall be rendered to any lot, tract, or building outside
of the water and sewer district except by amendment to this section,
which amendment specifically extends the water and sewer district.
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[Ord. 91-37, 7/17/1991, § 210]
In the event any persons shall deem the requirement to connect
as provided in this Part a hardship, such person may appeal to East
Fallowfield Township for relief from such connection requirement which
appeal shall be heard in accordance with provisions of the Pennsylvania
Local Agency Law.
[Ord. 91-37, 7/17/1991, § 211]
Any person, firm, or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be subject to pay a fine
of not more than $600, and in default of payment, to imprisonment
for a term of not to exceed 30 days. Each day that a violation of
this Part continues shall constitute a separate offense.
