[Adopted 10-18-1999 by Ord. No. 72]
Unless the context specifically and clearly indicates otherwise,
the meaning of the terms and phrases used in this chapter shall be
as follows:
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, joint -stock company, unincorporated association,
governmental body, political subdivision, Township or other group
or entity.
Nottingham Township, Washington County, Pennsylvania, a political
subdivision of the Commonwealth of Pennsylvania, acting by or through
its Board of Supervisors or, in appropriate cases, acting by and through
its authorized representatives.
Any company or entity, whether public or private, who shall
construct and/or operate a water system within the Township with the
approval of the Township. There may be more than one water supplier
providing service within the Township.
All facilities, as of any particular time, for providing,
transporting and supplying water for human use and consumption, situate
in or adjacent to the Township, owned by, leased to or under contract
or agreement with the Township for operation and use.
A.
The owner of any improved property located within the Township and
accessible and whose house, principal building or occupied structure
on property which abuts a water line or which is presently being constructed
or which shall be constructed in the future, or any new house, new
principal building or new occupied structure which shall be constructed
on property which then abuts an existing water line, shall connect
to, at his own expense, and use such water system within 90 days after
notice to such owner from the Township to make such connection; subject,
however, to such limitations and restrictions as shall be established
herein or otherwise shall be established by the Township, by resolution,
or its designated water supplier from time to time. Additionally,
any owner of improved property or subsequently improved property shall
pay to the Township a sum equal to the cost and expense of construction
incurred by the Township as pertains to said water line or new water
line wherein said amount shall be determined by the total cost/or
expense as established at the inception of said project. Said owner
shall pay said sum to the Township prior to the issuance of any building
permit or permits and/or within 90 days of billing, whichever occurs
first. Any and all sums received by the Township in regards to construction,
costs, and expenses shall be held in a water line escrow account wherein
all interest derived therefrom shall remain the property of the Township
for purposes of defraying administrative costs. Ten years after completion
of the project, there shall be no further requirement of any owner
to make any payment in regards to construction costs and expenses
and all owners who previously paid said costs and expenses shall receive
a rebate on a pro rata basis of the sums received in excess of the
Township's construction costs and expenses, wherein said rebate shall
be determined and paid as soon as practicable under the circumstances
10 years after the date of completion of the subject project. The
administrative costs of calculating and issuing rebates shall be considered
a part of the project costs and expenses and, if the Board of Supervisors
determines that the cost of issuing rebates will exceed the amount
of rebates, then and in that case no rebates will be issued and any
funds remaining in the escrow account shall be paid into the Waterline
Account in the Township's Capital Reserve Fund.
[Amended 3-19-2001 by Ord. No. 72-A; 12-20-2010 by Ord. No. 72-B]
B.
The Notice by the Township to make connection to the water system, referred to in § 410-42A shall be given by the water supplier on behalf of the Township, in writing, and shall be served upon the owner either by personal service or by registered mail or by such other methods as shall be permitted by law.
A.
No persons shall uncover, connect with, make any opening into or
use, alter or disturb in any manner, any part of the water system
without first obtaining a permit, in writing, from the Township or
its designated water supplier.
B.
Application for a permit required under § 410-44A shall be made by the owner of the improved property served or to be served or by a person authorized by the owner of the improved property to make such application to the Township or its designated water supplier.
C.
All connections to the water system must be done in accordance with
the specifications, plans and procedures established by the designated
water supplier.
D.
No person shall make or cause to be made a connection of any improved
property with the water system until such person shall have fulfilled
each of the following conditions:
(1)
Such person shall have notified this Township or its designated water
supplier of the desire and intention to connect such improved property
to the water system.
(3)
Such person shall have furnished any information required by the
Township or its designated water supplier prior to connections and
received any necessary approvals from the water supplier.
(4)
Such person shall have given the Township or its designated water
supplier at least 24 hours' notice of the time when such connection
will be made so that the Township or its designated water supplier
may supervise and inspect the work of connection and necessary testing.
At the time of inspection of the connection, the owner of the improved
property shall permit the person conducting the inspection full and
complete access to all water facilities in each building and in and
about all parts of the property. No water connection line shall be
covered, or in any way concealed, until after it has been inspected
and approved.
E.
Except as otherwise provided in this Subsection E, each structure or principal building shall be connected separately and independently with the water system. Grouping of more than one structure on one connection shall not be permitted except under special circumstances and for good cause shown and then only after special permission of the Township or its designated water supplier, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by the Township or its designated water supplier.
A.
In the event the owner of an improved property shall neglect or refuse to connect with and use said water system following a period of 90 days after notice to do so as set forth in § 410-42A, the water supplier, or its agents, after notice to the Township, may enter upon such property and construct such connection.
B.
In such case, the water supplier shall, upon completion of the work,
send an itemized bill of the costs of construction of such connection
to the owner of the property to which connection has been made, which
bill shall be payable forthwith.
C.
In case of neglect or refusal by the owner of such improved property
to pay said bill within six months of the date of completion of construction
of said connection, the Township, at the request of the water supplier,
in the name of the Township and for the benefit of the water supplier,
shall file a municipal lien for said construction, which shall be
subject in all respects to the general law providing for the filing
and recovery of municipal liens.
D.
Violations and penalties.
[Amended 3-19-2001 by Ord. No. 72-A; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
(1)
Every person who shall violate this article as pertains to connection
shall be liable, upon summary conviction, to a fine and/or penalty
of not more than $1,000, together with costs of prosecution.
(2)
Each day that a violation shall continue shall be deemed and shall
be taken to be a separate offense and shall be penalized as such.
Every person who shall violate this article as pertains to the payments
required to the Township shall be liable, upon summary conviction,
to a fine or penalty of not more than $500, together with costs of
each case and in addition to the amount owed, plus interest.
A.
The Township or its designated water supplier shall have the right
to access, at reasonable times, to any part of any improved property
served by the water system as shall be required for purposes of inspection,
measurement, sampling and testing and for performance of other functions
relating to service rendered by the Township or its designated water
supplier through the water system.
B.
The Township shall not be liable for a deficiency or failure of service
when occasioned by an emergency, required repairs or for any cause
beyond its control. The Township reserves the right to restrict the
use of the water system whenever the public welfare may require it.
C.
The owner shall be responsible, at the owner's expense, for seeing
that all excavations for water connections shall be adequately guarded
with barricades and lights to protect the public from hazards and
that all streets, sidewalks and public property, disturbed in the
course of making a water connection, shall be restored in a manner
satisfactory to the Township or its designated water supplier for
such purpose.
D.
The owner shall indemnify and save harmless the Township from any
loss or damage directly or indirectly, caused by or arising out of
installation and/or connection on the improved property.
The Township reserves the right to adopt, by resolution, from
time to time, additional rules and regulations as it shall deem necessary
and proper relating to connections with the water system.
In the event that any provision, section, sentence, clause or
part of this article shall be held to be invalid, such invalidity
shall not effect or impair any remaining provision, section, sentence,
clause or part of this article, it being the intent of the Township
that such remainder shall be and shall remain in full force and effect.
