[HISTORY: Adopted by the Board of Supervisors of the Township
of Hopewell as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-11-2013 by Ord. No. 11-1-13]
The purpose of this article is to provide for the safe, proper,
and correct means by which improved properties shall be connected
to the available public water systems in the Township and for the
establishment of any applicable service fees and charges related thereto
as well as the implementation of penalties for noncompliance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall hereinafter be referred to as the "Hopewell
Township Mandatory Water System Tap-In Ordinance." This article shall
apply to all improved properties located within a distance of 150
feet from a public water system in the Township, as further defined
herein.
For the purpose of this article, the following terms, phrases,
and words shall have the meaning given herein. When consistent with
the context, words used in the present tense include the future, words
in the plural include the singular numbered words and the singular
number includes the plural. The word "shall" is always mandatory and
not merely directory.
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.
All facilities used 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.
Currently means Pennsylvania American Water Company, a public
utility company which is involved in the supply of water to properties
through its public water system.
It shall be mandatory for an improved property to be connected
to a public water system if any of the follow applies:
Connections shall be made according to the rules of the water
company implementing/owning the public water system. Connections include
the payment of any applicable tap fees, as determined by the water
company. Connections shall be subject to inspection by the water company
and meters and other water supply devices shall be subject to inspection
by water company personnel during normal business hours or at other
times in the event of water supply emergencies.
No property owner, tenant, occupant, agent or other person within
the 150 feet from a public water system shall make use of wells, well
water, springs or other sources of water from groundwater or surface
water for any purpose. Upon connection to the public water system
as required herein, owners of improved property within 150 feet from
a public water system shall immediately disconnect any well or any
other alternate water source utilizing groundwater or as the water
source to such improved property. Thereafter, it shall be unlawful
for such a property owner to reconnect, install or otherwise make
use of a well or other alternate water supply system.
Nothing contained herein shall prevent any property owner from
maintaining a second supply of water upon their property so long as
each of the following conditions is met:
A.
If property
owner submits the proper proof to water company that alternate water
use is exempt under 53 P.S. § 67603(c) of the Pennsylvania
Municipalities Planning Code; and/or
B.
The property
owner has installed a tap, service line, and meter as otherwise required
by this article or the rules of the water company; and
C.
On a reasonable
periodic basis established by the water company, the property owner
notifies the water company of the existence of the alternate water
supply on the property and the property owner permits the water company
to inspect to assure themselves that no cross connections are occurring;
and
D.
That the
property owner promptly pays a minimum bill for public water service.
Failure to pay a bill for a period of more than 60 days shall be grounds
for terminating the right to the alternate water supply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Failure
to connect. In case any owner of property required to connect to such
public water system shall neglect or refuse to connect with and use
said public water system for such period of 90 days after notice to
do so has been served upon him, either by personal service or certified
mail as aforesaid, the Township or its agents may enter upon such
property and construct such connection. In such case, the Township
Secretary or other authorized person on behalf of the Township shall,
forthwith 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 so made, which bill shall be payable
forthwith. In case of neglect or refusal by the owner of such property
to pay said bill, a municipal lien for said construction shall be
filed within six months of the date of completion of the construction
of said connection, the same to be subject in all respects to the
general law providing for the filing and recovery of municipal liens.
B.
Failure to disconnect alternative water source. In the event any owner of property is required to connect to such public water system, said owner must disconnect any alternate water supply source, other than public water, unless said water use is exempt under § 306-7 herein, within a period of 90 days after notice to do so has been served upon him, and, upon failure to do so, shall be declared in violation of this section.
C.
All other
violations. Any operator who violates or permits a violation of this
article shall, upon conviction in a summary proceeding brought before
a Magisterial District Judge under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense. The Township may withhold
the issuance of other permits (including, but not limited to, building
and occupancy permits) for failure to comply with this article.
