[HISTORY: Adopted by the Board of Supervisors of East Earl
Township as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 325.
[Adopted 2-12-2002 by Ord. No. 109 (Ch. 26, Part 2, of the 2001 Code
of Ordinances)]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this article shall be as
follows:
The Weaverland Valley Authority, which is a Pennsylvania
municipality authority that provides water services, in addition to
related and other services, to customers in at least East Earl Township
and Terre Hill Borough.
The pipe extension from the water system of any structure
providing water for human consumption to the curb box. It is not part
of the water distribution system and, as such, is owned by the owner.
The attachment or joining of an improved property to the
water distribution system in such a way that it can conduct water
to the improved property.
The valve located at the point of connection of the building
line and the service lateral. It is part of the water distribution
system and, as such, is owned by the Authority.
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,
corporation or other group or entity.
That part of the water distribution system extending from
a water main to the curb box.
The Township of East Earl, Lancaster County, Pennsylvania,
a Second Class Township, with offices at 4610 Division Highway, East
Earl, Pennsylvania.
All facilities used for distributing water, owned, maintained
and operated by the Authority.
Any pipe or conduit constituting a part of the water distribution
system used or usable for water distribution purposes.
[1]
Editor's Note: Ord. No. 178 amended this article to change
all instances of "Authority" to "Authority/Borough." Ord. No. 204
rescinded that amendment so that references throughout the article
refer to "Authority."
A.
The owner of any improved property located in the Township shall
connect with and use the public water system provided by the Authority
in either of the following cases:
[Amended 8-10-2010 by Ord. No. 164]
B.
An owner who is subject to mandatory connection pursuant to Subsection A(1), shall not be required to connect to the water distribution system pursuant to that subsection if all of the following conditions exist:
(1)
The water distribution system or part or extension of the water distribution
system that is within 150 feet of the principal building was in existence
on September 3, 2008.
(2)
The principal building has its own supply of water which is safe
for human consumption.
(3)
Prior to September 3, 2008, the owner was not required to connect
to the existing water distribution system.
C.
Source of water for human consumption. All water used for human consumption
on an improved property, after connection of the improved property
to a water main has been required under this article, shall be derived
from the water distribution system, subject to such limitations and
restrictions as shall be established by the Township or the Authority
from time to time.
D.
Private wells prohibited. No private well or other water supply shall
be used and maintained to provide water for human consumption at any
time upon any improved property which has been connected to a water
main or which shall be required under this article to be connected
to a water main.
E.
Disconnection of private wells. Every such private well or water
supply in existence shall be disconnected from the building line.
However, those properties which have private water supplies may continue
to use them for purposes other than human consumption, such as process
waters in industries, irrigation and livestock watering on farms and
lawn watering on residential properties, provided no drought restrictions
are in force at the time of use.
F.
Private water supplies prohibited from connecting. No well or other
private water supply shall at any time be connected with any portion
of the water distribution system. If it is maintained for uses other
than human consumption, the private water supply shall be completely
and totally separated from the water distribution system.
G.
Notice to connect. The notice by the Township or Authority to make
a connection to a water main shall consist of a written or printed
document requiring the connection in accordance with the provisions
of this article and specifying that the connection shall be made 90
days from the date of the notice. The notice may be given at any time
after a water main is in place which can distribute and provide water
for use on the particular improved property. The notice shall be served
upon the owner by personal service, certified or registered mail.
A.
Separate connections required. Except as otherwise provided, every
improved property shall be connected separately and independently
to the service lateral by a building line. The grouping of more than
one building line shall not be permitted, except under special circumstances
and for cause shown, and then only upon securing prior written permission
of the Authority.
B.
Costs and expenses. All costs and expenses of constructing a building
line, installing an Authority-provided water meter as well as backflow
preventer, and connecting the building line to the service lateral
shall be borne by the owner of the improved property. While the cost
of installing it shall be the owner's responsibility, the water
meter itself will be provided by the Authority at its cost. The owner
shall indemnify and save harmless the Township and the Authority from
all loss or damage that may be occasioned, directly or indirectly,
as a result of constructing a building line or of connecting a building
line to a service lateral.
C.
Location of connection. A building line shall be connected to a service
lateral at the place designated by the Authority which shall be at
the curb box. In those situations where there is no curb, the curb
box shall be located at the property line.
D.
Failure to comply. If the owner of any improved property located
in the Township which abuts the water distribution system, after 90
days' notice from the Township or Authority in accordance with
this article, shall fail to connect the improved property, as required,
the Township may make the connection, or, it may authorize the Authority
to make the connection. All costs and expenses incurred in making
the connection shall be the responsibility of the owner. The Township,
or the Authority, shall forthwith, upon completion of the work, send
an itemized bill of the cost of making the connection to the owner
of the improved property. The bill shall be payable within 30 days
of receipt thereof. If the owner of the improved property fails to
pay the bill within the requisite time period, the Township or the Authority
may file a municipal lien for the costs incurred within six months
of the date of the completion of the construction of the connection,
the lien to be subject in all respects to the general laws providing
for the filing and recovery of municipal liens. Township or the Authority
shall also be entitled to collect the costs of connection by such
other legal means as may be available to the Township or Authority
according to law.
A.
Inspection. No building line shall be covered until it has been inspected
and approved by the Township or the Authority. If any part of a building
line is covered before being inspected and approved, it shall be uncovered
for inspection at the cost and expense of the owner of the improved
property.
B.
Maintenance. Every building line of an improved property shall be
maintained in a leak-free and safe operating condition by, and at
the expense of, the owner of such improved property.
C.
Safety precautions and restoration. All excavation for connection
of a building line to a service lateral shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Streets, sidewalks and other public property disturbed in
the course of installation of a building line shall be restored, at
the cost and expense of the owner of the improved property, in a manner
satisfactory to the Township and the Authority.
D.
Failure to remedy unsatisfactory conditions. If any person shall
fail or refuse within 30 days of receipt of a notice in writing, to
remedy any unsatisfactory condition with respect to a building line,
the Township or the Authority may shut off the water to the improved
property until the unsatisfactory condition has been remedied to the
satisfaction of the Township and the Authority.
E.
Authority rules and regulations. The Township hereby incorporates
by reference the rules and regulations of the Authority pertaining
to the use of the water distribution system which are presently in
effect and adopts said rules and regulations in their entirety as
if fully set forth in this article. The Township reserves the right
to adopt, from time to time, additional rules and regulations as it
may deem to be necessary and proper relating to connections with a
service lateral and the water distribution system. Any additional
rules and regulations, to the extent appropriate, shall be construed
as part of this article.
F.
Violation. Any person who connects with or uses any water system
other than the water distribution system in violation of this article
shall be deemed and shall be declared to be maintaining a nuisance,
which nuisance the Township is hereby authorized and directed to abate
in the manner provided by law.
A.
Any person who shall violate any provision of this article shall
be liable, upon summary conviction, for a criminal fine not to exceed
$1,000 per violation and/or imprisonment for failing to pay the criminal
fine of up to 30 days.
[Amended 12-11-2012 by Ord. No. 177; 12-11-2012 by Ord. No. 178]
B.
Enforcement. Fines and costs imposed under provisions of this article
shall be enforceable and recoverable in the manner provided by law.
C.
Failure to connect; construction of connection.
[Added 8-10-2010 by Ord.
No. 164]
(1)
If any owner required under § 429-2A to connect with and use the water distribution system fails to do so within 90 days after notice to do so has been served by the Board of Supervisors, the Board of Supervisors or their agent may enter the improved property and construct the connection.
(2)
The Board of Supervisors shall mail an itemized bill of the cost
of construction of connection by first class mail to the owner of
the improved property to which connection has been made, which bill
shall be payable immediately. If the owner fails to pay the bill within
30 days of its mailing date, the Board of Supervisors may file a municipal
lien claim against the improved property in an amount equal to the
bill plus a penalty of 25% and court costs.
