Township of East Fallowfield, PA
Chester County
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Table of Contents
Table of Contents

§ 26-101 Water and Sewer Districts.

[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.

§ 26-102 Definitions.

[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:
CITY OF COATESVILLE AUTHORITY (CCA)
A body corporate and politic organized under the Municipality Authorities Act of 1945, incorporated by the City of Coatesville.
CUSTOMER'S SERVICE LINE
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.
IMPROVED PROPERTY
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.
INDUSTRIAL ESTABLISHMENT
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.
MAIN
Any pipe or conduit constituting a part of the water system used or usable for water distribution purposes.
OWNER
Any individual, partnership, company, association, society, trust, corporation, municipality, municipal authority, or other group or entity.
SANITARY SEWER
Any pipe or conduit constituting a part of the sewer system used or usable for sanitary sewer effluent collection or transmission.
SEWER SYSTEM
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.
WATER AND SEWER DISTRICTS
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]
WATER SYSTEM
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.

§ 26-103 Use of Public Water and Sewer Systems Required.

[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.

§ 26-104 Customer's Service Lines and Connections.

[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.

§ 26-105 Regulations Governing Customer's Service Lines and Connections to Mains and/or Sanitary Sewer Service Lines.

[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.

§ 26-106 Assessment Authorized.

[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.

§ 26-107 Water and Sewer Rental.

[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.

§ 26-108 Penalty for Nonpayment of Water and/or Sewer Service Charges.

[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.

§ 26-109 Creation of Water and Sewer District.

[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.
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.

§ 26-110 Appeals; Hardship.

[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.

§ 26-111 Penalties.

[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.