[Ord. 2-2000, 11/13/2000, § 1]
This Part shall be known as and may be cited as the "Hughesville
Borough Mandatory Water Connection Ordinance."
[Ord. 2-2000, 11/13/2000, § 2]
This Part is adopted and enacted for the following purposes.
[Ord. 2-2000, 11/13/2000, § 4]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases in this Part shall be as follows:
The Hughesville Borough Authority.
The Borough of Hughesville, a municipal corporation of Lycoming
County and the Commonwealth of Pennsylvania.
A connection or connections between an improved property
and a water main.
Any property within the Borough of Hughesville upon which
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, municipality or school district.
Any water well not owned by the Hughesville Borough Authority
or the Borough of Hughesville.
A distribution water pipeline owned or operated by the Hughesville
Borough Authority of Hughesville Borough.
The Hughesville Borough Authority water wells, pumping stations,
reservoirs, water tower, treatment facilities and equipment, distribution
pipelines and related equipment.
An excavation or opening into the ground made by digging,
boring, drilling, driving or other methods for the purpose of providing
a supply of water.
[Ord. 2-2000, 11/13/2000, § 4]
1.
All owners of improved properties whose property line is within 150 feet of any water main shall make connection to the water main for the purpose of conducting water to the structure or structures on the property. Except as set forth in subsection (3) of this Section, any owner shall be given a minimum of 60 days' written notice of the requirement to connect the property to the water system of the Authority.
2.
If, after the expiration of 60 days, any owner of improved property
within 150 feet of a water main shall have failed to connect to the
water system, the Authority or its agents may enter upon the property
of such owner and make such connection. In such case, the Authority
shall, upon completion of the work, collect the costs of connection
by action in assumpsit or the Authority may file a municipal lien
for the cost of connection, the same to be subject in all respects
to the general laws providing for filing and recovery of municipal
liens.
3.
No owner of an improved property, which property is improved as of
the effective date of this Part, shall be required to connect to the
water system until December 1, 2002.
4.
All connections to a water main shall be at a place designated by
the Borough or the Authority or its agents and the connection shall
be pursuant to rules and regulations of the Borough and the Authority.
The connection fees shall be pursuant to the connection fee resolution
of the Authority in effect as of the date of application for the connection.
No connection shall be covered until after it is inspected by the
Borough or the Authority or its agents. If any part of a connection
is covered before being so inspected and approved, it shall be uncovered
for inspection at the cost and expense of the owner of the improved
property.
5.
Every water pipeline to the water main shall be maintained by the
owner of the improved property.
6.
The Borough or Authority reserves the right to adopt, from time to
time, by resolution, additional rules, regulations and revisions to
connection fees as it deems necessary and proper relating to connections
to the water system.
[Ord. 2-2000, 11/13/2000, § 5]
1.
Except as set forth in subsection (3), no private water well shall be drilled on any property which is connected to the Authority water system or whose owner is required to connect pursuant to Section 23 of this Part.
2.
No private well shall be interconnected with the public water supply
system of the Authority nor shall the well be connected to the plumbing
located on the improved property which plumbing is connected to the
Authority's water supply system.
3.
It shall be unlawful for any owner of improved property to construct
or maintain a private well with the exception that private wells may
be constructed, maintained and used for washing of motor vehicles
and similar items of personal property, watering livestock and watering
lawns, shrubbery and plants, as long as the owner is in full compliance
with all provisions of this Part.
4.
Each and every private well that is in existence as of the date of
this part or which is drilled and constructed after the date hereof
must be registered with the Borough on a form and application provided
by the Borough.
5.
Each and every private well maintained and used within the Borough must be inspected upon connection of the property to the water system or upon registration of the private well with the Borough. The purpose of the inspection is to insure that the owner is in full compliance with subsection (2) above. The Borough shall also have the Authority to reinspect the owner's private well system after the giving of 10 days' written notice to owner.
[Ord. 2-2000, 11/13/2000, § 6]
The owner and tenant of an improved property shall be responsible
for all user fees, connection fees, tapping fees and other fees in
accordance with the rules and regulations of the Borough and the Authority.
The failure to pay said fee shall constitute a violation of this Part.
Water rents and user fees shall commence 60 days after written notice
of the requirement for mandatory connection.
[Ord. 2-2000, 11/13/2000, § 7]
The owners, tenants and occupiers of any improved property connected
to the water system shall abide by all rules and regulations of the
Borough and the Authority.
[Ord. 2-2000, 11/13/2000, § 8]
1.
Any person who shall violate a provision of this Part or who shall
fail to comply with any of the requirements thereof or who shall exceed
the authorization of any permit granted by the Borough or the Authority
or who shall violate rules and regulations promulgated by the Borough
or the Authority shall, upon conviction, be sentenced to pay a fine
not exceeding $600, plus costs of prosecution, and in default of payment
of such fines and costs, imprisonment for a period not exceeding 30
days. Each day that a violation shall continue shall be deemed and
shall be a separate offense and shall be punishable as such.
2.
Any person who shall violate a provision of this Part or who shall
fail to comply with any of the requirements thereof or who shall exceed
the authorization of any permit granted by the Borough or the Authority
or who shall fail to make any payment required by this Part or who
shall violate rules and regulations of the Borough or the Authority
shall be subject to the termination of water service by the Borough
or the Authority or an action in equity, or both.
3.
Fines and costs imposed under provisions of this Part shall be enforceable
and recoverable in the manner at the time provided by applicable law.
