[Ord. 1990-3, --/--/1990, § 1; as amended by Ord.
1995-5, 12/7/1995, § 1; and by Ord. 1996-2, 11/25/1996]
As used in this Part, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
The Vernon Township Municipal Water Authority, a body corporate
organized under the Municipality Authorities Act of 1945 and incorporated
by the Township of Vernon.
Extension from the water system of any structure to the lateral
of a main.
Any parcel of land containing 10 or more acres which is used
for gain in the raising of agricultural products, livestock poultry
and dairy products. It includes necessary farm structures within the
prescribed limits and the storage of equipment used. It excludes raising
of fur-bearing animals, riding academies, livery or boarding stables
and dog kennels.
Any property within the Township of Vernon and within the
service area of the Authority 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 in the Township of Vernon and
used wholly or in part for the manufacturing or assembling of any
product, commodity or article or the cleaning and laundering of any
product, commodity or article in conjunction with a manufacturing
activity conducted on the premises of an improved property. Car washes
and laundries are specifically excluded from the definition of "industrial
establishment."
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
An individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority or other group
or entity.
All facilities, as of any particular time, for production,
transmission, storage and distribution of water in the Township of
Vernon owned by the Township of Vernon and leased to the Authority
for maintenance, operation and use.
[Ord. 1990-3, --/--/1990, § 2; as amended by Ord.
1996-2, 11/25/1996; and by Ord. 1997-1, 2/26/1997]
1.
The owner of any improved property in the Township of Vernon whose property abutted upon the water system as of June 17, 1990, and the owner of any improved property in the Township of Vernon whose property is presently located in an area where the public water system is available for use by said property owner, except any improved property which shall constitute an industrial establishment or a farm as herein defined which has its own supply of water for uses other than human consumption, shall remain connected and/or shall connect such improved property with and shall use such water system in such manner as the Township of Vernon may require within 90 days after notice to such owner by the Township of Vernon to make such connection; provided, however, that the owner of any improved property in the Township of Vernon abutting upon the public water system by reason of the extension of said water system after the effective date of this Part may connect said property to the public water system but is not obligated to do so; and, further provided, however, that the owner of any improved property in the Township of Vernon abutting upon the said water system who had or does have an existing operational well in use at the time of the passage of Ord. 1990-3 Series, then in that event, the owner, lessee or occupier of said improved property shall be permitted to use said existing operational well to supply water directly to one outdoor 3/4 inch faucet; and, further provided, that the water utilized by the outdoor faucet shall not be used for human consumption and, further, said water shall only be utilized in connection with activities occurring outside the residence, e.g., washing of automobile, watering of a garden, etc. In permitting this use it is not the intent of the Board of Supervisors that this provision shall act as a "grandfather clause" of this use and in the event that the Township and/or the Authority shall determine that it is in the best interest of the Township and its residents and the operation of the Vernon Township water system to eliminate the use of the outdoor 3/4 inch faucet as hereinbefore provided, then, in that event, this Part may be amended accordingly. Any person who intends to utilize an outdoor 3/4 inch faucet for the purposes herein set forth shall notify the Board of Supervisors of their intent to do so within 10 days of receipt of the notice by the Township to make connection as hereinafter set forth in Subsection 2 of this Part. A representative of the Township and/or the Authority shall be afforded the right to inspect the proposed 3/4 inch faucet at the time of the installation thereof and from time to time thereafter at the convenience of the Township and/or the Authority representatives.
2.
The notice by the Township of Vernon to make connection to a main referred to in § 26-102, Subsection 1, of this Part shall consist of a copy of this Part including any amendments and/or supplements at the time in effect or a summary of each section thereof in 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 is in place which can deliver water to the particular improved property. Such notice shall be given or served upon the owner in accordance with law.
[Ord. 1990-3, --/--/1990, § 3]
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 without first obtaining a permit in writing from the Township
of Vernon.
3.
No person shall make or shall cause to be made a connection of any
improved property to a main until such person fulfills each of the
following conditions:
A.
Notifies the Township of Vernon of the desire and intention to connect
such improved property to a main.
C.
Provide to the Township of Vernon at least 24 hours' notice
before such connection will be made in order that the Township of
Vernon may supervise and inspect or may cause to be supervised and
inspected the work of connection and necessary testing.
D.
If applicable, furnish satisfactory evidence to the Township of Vernon
that any tapping fee which may be charged and imposed by the Authority
and/or the Township of Vernon against the owner of each improved property
who connects such improved property to a main has been paid.
4.
Except as otherwise provided in this subsection each improved property
shall be connected separately and independently with a main though
a building main. Grouping of more than one improved property on one
building main shall not be permitted except under special circumstances
and for good cause shown but then only after special permission of
the Board of Supervisors of Vernon Township or the Authority Board,
in writing, shall have been secured and only subject to such rules,
regulations and conditions that may be prescribed by the Township
of Vernon and/or the Authority Board.
5.
All costs and expenses of construction of a building main and all
costs and expenses of connection of a building main to a main shall
be borne by the owner of the improved property to be connected and
such owner shall indemnify and shall save harmless the Township of
Vernon and the Authority from all loss or damage that may be occasioned
directly or indirectly as a result of construction of a building main
or connection of a building main to a main.
6.
A building main shall be connected to a main at the place designated
by the Township of Vernon and/or the Authority and where, if applicable,
the lateral is provided. A smooth, neat joint shall be made and the
connection of a building main to the lateral shall be made secure
and watertight.
7.
If the owner of any improved property located within the Township of Vernon and within the service area of the water system of the Authority and abutting upon the water system, subject to the exception provided for in § 26-102, Subsection 1, after 90 days' notice from the Township of Vernon in accordance with § 26-102, Subsection 1, shall fail to connect such improved property the Township of Vernon and/or the Authority may construct such connection and collect from such owner the cost and expenses thereof plus an additional 10% of the costs and expenses thereof in any manner permitted by law.
[Ord. 1990-3, --/--/1990, § 4]
1.
No building main shall be covered until it has been inspected and
approved by the Township of Vernon. If any part of a building main
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 to be connected to a main.
2.
Every building main on 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 building main shall be guarded 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 Township of Vernon.
4.
If any person shall fail or shall refuse upon receipt of a notice
in writing of the Township of Vernon and/or the Authority to remedy
any unsatisfactory condition with respect to a building main within
60 days of receipt of such notice the Township of Vernon and/or the
Authority may reuse to permit such person to be served by the water
system until such unsatisfactory condition shall have been remedied
to the satisfaction of the Township of Vernon and/or the Authority.
5.
The Township of Vernon reserves the right to adopt, from time to
time, additional rules and regulations it shall deem necessary and
proper relating to connections with the main and with the water system,
which additional rules and regulations, to the extent appropriate,
shall be and shall be construed as part of this Part.
[Ord. 1990-3, --/--/1990, § 5]
In the event any person shall deem the requirement to connect
as provided in this Part a hardship, such person may appeal to the
Township of Vernon for relief from such connection requirement, which
appeal shall be heard in accordance with the provision of the Pennsylvania
Local Agency Law.
[Ord. 1990-3, --/--/1990, § 6; as amended by Ord.
1996-2, 11/25/1996; by Ord. 1997-2, 3/6/1997; and by Ord. 1998-2,
3/5/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
