[HISTORY: Adopted by the Board of Supervisors of the Township of North Newton as indicated in article histories. Amendments noted where applicable.]
Article I Mandatory Connections
[Adopted 11-3-2009 by Ord. No. 2009-4]
It is declared that enactment of this article is necessary for the protection, benefit and preservation of the health, safety, and welfare of the inhabitants of this Township.
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
- Newville Borough Water and Sewer Authority, a Pennsylvania municipality authority.
- IMPROVED PROPERTY
- Any property located within this Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals.
- Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
- Any individual, partnership, company, association, society, corporation or other group or entity.
- The North Newton Township, Cumberland County, Pennsylvania, acting by and through its Board of Supervisors, or, in appropriate cases, by and through its authorized representatives.
- WATER AND SEWER SYSTEM
- The water and sewer system owned by the Authority, including the existing water distribution and sewer collection system, together with all appurtenant facilities and properties, including all property, real, personal and mixed, rights, powers, licenses, easements, rights-of-way, privileges, franchises and other property or interests in property of whatsoever nature used or useful in connection with all 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.
The owner of any improved property abutting upon any street or other right-of-way in which there is located a water or sewer main constituting a part of the water and sewer system, (either presently existing or constructed or installed in the future) shall, if the structure on said improved property is within 150 feet of such water or sewer main, connect such improved property to the water and sewer system in such manner as this Township or the Authority shall require, within 90 days after notice to such owner from this Township to make such connection.
The notice by this Township to make a connection to the water and sewer system, referred to in Subsection A, shall consist of a copy of this article, 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 article and specifying that such connection shall be made within 90 days from the date such notice is given. Such notice may be given at any time after water and sewer main is in place which can distribute water to or collect sewage from the particular improved property. Such notice shall be served upon the owner by certified mail.
No person shall uncover, connect with, make any opening into or use, alter or disturb, in any manner, any water and sewer main constituting a part of the water and sewer system without the prior written consent of the Authority.
The Authority shall make all connections to its water and sewer mains. Upon the payment of the required tapping fee, the Authority will take all actions necessary to implement the distribution of water to or the collection of sewage from the improved property, all of which facilities shall be and shall remain the property of the Authority and shall be maintained by the Authority.
All service lines from the curb stop to the structure (and through the wall of the structure) to be served shall be installed by the owner of the improved property to be served, at his own expense, shall be of pipe approved by the Authority and shall be kept in good repair at the expense of the owner of the improved property to be served. No service line or other connection facility between the curb stop and the structure to be served shall be covered up in the process of installation until inspected and approved by the Authority. If any service line or other connection facility is 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.
The size of the service connection from the water and sewer main to the curb stop necessary to serve adequately an improved property and the location of such service connection shall be determined by the Authority. If any person shall request a service connection of greater capacity than that determined by the Authority to be adequate, or if any such person shall request that a service connection be located in a location different than that determined by the Authority, the Authority, in their discretion, may install such service connection in accordance with the request of such person.
When it is necessary to replace an existing service connection from the water and sewer main to the curb stop, the Authority will provide for the replacement of said service connection in the same location as the old service connection; Provided, however, that if the owner of the particular improved property, for his own convenience, desires the new service connection at some other location and agrees to pay to the Authority all expenses of cutting off the old service connection at the water and sewer main and any other additional expenses incurred by the Authority in complying with said request, the Authority will install the new service connection at the location desired, if said location is approved by Authority.
Only persons properly authorized by the Authority shall be permitted to make service line and service connection installation.
This Township reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with the water and sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this article.
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this article. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
Fines and costs imposed under provisions of this article shall be enforceable and recoverable in the manner at the time provided by applicable law. The Township is hereby authorized to make the connection required by this article at the cost and expense of any owner of such improved property who fails to make such connection or who otherwise does not comply with the provisions of this article and may collect from the owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.