[Adopted 9-11-2001 by Ord. No. 2001-01]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this article shall be as
follows:
AUTHORITY
Falls Creek Borough Municipal Authority, a municipality authority
incorporated pursuant to provisions of the Municipality Authorities
Act, 53 Pa.C.S.A. § 5601 et seq., of the commonwealth.
BUILDING MAIN
The extension from the water system of any structure to the
lateral of a main,
IMPROVED PROPERTY
Any property within this Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals, except those industries and farms which have their own supply of water for uses other than human consumption to the extent described in §
337-2A hereof.
LATERAL
That part of the water system extending from a main to the
curbline or, if there shall be no curbline, to the property line or,
if no such lateral shall be provided, then "lateral" shall mean that
portion of, or place in, a main which is provided for connection of
any building main.
MAIN
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
PERSON
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipality authority or other
group or entity.
TOWNSHIP
The Township of Washington, Jefferson County, Pennsylvania,
a political subdivision of the commonwealth, acting by and through
its Board of Supervisors, or, in appropriate cases, acting by and
through its authorized representatives.
WATER SYSTEM
All facilities, as of any particular time, for supply, transmission
and distribution of water, owned by the Authority.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. Connection
of improved property.
(1) The
owner of any improved property located in the Township shall connect
with and use the public water system provided by the Authority within
90 days after notice to such owner from this Township or the Authority
to make such connection, in either of the following cases:
(a) If, except as provided in Subsection
A(2), an owner's principal building is located within 150 feet of a water main which is part of the water distribution system.
(b) If an owner's principal building has no supply of water which is
safe for human consumption
(2) 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:
(a) 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.
(b) The principal building has its own supply of water which is safe
for human consumption.
(c) Prior to September 3, 2008, the owner was not required to connect
to the existing water distribution system.
(3) Connection
to the water system shall be subject to such limitations and restrictions
as shall be established herein or otherwise shall be established by
this Township or the Authority from time to time.
(4) Those
industries and farms which have their own supply of water for uses
other than human consumption may continue to use their own water for
that purpose but are required to use the water system to provide water
for human consumption.
B. The notice by this Township or the Authority to make a connection to a main, referred to in §
337-2A, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary hereof, and a written or printed document requiring the connection in accordance with the provisions of this article 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 the appropriate lateral is in place that can deliver water to the particular improved property. Such notice shall be given to or served upon the owner by personal service or by registered mail to his last known address or by such other means as shall be permitted by law.
In the event any provision, section, sentence, clause or part
of this article shall be held to be invalid, such invalidity shall
not affect or impair any remaining provision, section, sentence, clause
or part of this article, it being the intent of this Township that
such remainder shall be and shall remain in full force and effect.
It is declared that enactment of this article is necessary for
the protection, benefit and preservation of the health, safety and
welfare of inhabitants of this Township.