This article shall be known as, and may be cited as, the "Water
System Regulation Ordinance" of the Borough of East Stroudsburg.
This article provides for the fixing of rates and charges pertaining
to water service in the Borough of East Stroudsburg and its environs,
fixes the responsibility for the payment of charges for consumption
of water and related services and provides for the collection of same,
adopts rules and regulations for water service throughout the water
system of the Borough of East Stroudsburg and prescribes penalties
for violations.
A.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
B.
APPLICANT
BASIC WATER RATE
CONNECTION FEE
CONSUMPTION (OR USAGE) FEE
CUSTOMER
DWELLING
DWELLING UNIT
EBU (EQUIVALENT BILLING UNIT)
EDU (EQUIVALENT DWELLING UNIT)
(1)
(2)
(a)
(b)
(c)
(d)
(e)
MAIN EXTENSIONS
MAINS
MATERIAL CHANGE DECREASE IN FLOW
MATERIAL CHANGE INCREASE IN FLOW
METER
MGL or PPM
OWNER
PERSON
PREMISE or PREMISES
PRIVATE FIRE PROTECTION SERVICE
PUBLIC FIRE PROTECTION SERVICE
SERVICE LATERAL
SERVICE LINE
SHALL
SPRINKLER SYSTEM CONNECTION
STANDBY FEE
STREET
TAPPING FEE
TEMPORARY WATER SERVICE
TENANT
(1)
(2)
USE
WATER SYSTEM
As used in this article, the following words and terms shall have
the meanings respectively ascribed to them as follows, unless the
context clearly indicates a different meaning:
The property owner or his agent applying for permission to
connect to the water system and the party ultimately responsible for
payment for water service. The word "owner" shall mean any person,
firm, corporation or association in whose name any property is recorded
in the office of the Recorder of Deeds.
The rate charged based upon a methodology as established
for the various classifications of water users, as set forth in this
chapter.
Connection fee and customer facilities fee, inclusive, allowed
per Act 57 of 2003[1] (amending Act 203 of 1990) for the cost of the water service
laterals, water meter, meter pit, curb stop, curb box and labor, restoration
and other costs associated with the installation of a service lateral
from the water main to the property line (or street right-of-way line,
as appropriate), up to and including the curb stop, and installation
of the water meter (regardless of meter location). Connection fees
are provided for in Rate Schedule A of this chapter.[2]
The fee charged for the actual quantity of water, as metered
or otherwise calculated pursuant to this chapter.
The person contractually obligated to the Borough of East
Stroudsburg to pay for water services and to abide by these rules
and regulations.
A building including one or more dwelling units.
A residential living area for one family (as defined in Chapter 124, Rental Property, of the Borough Code) that includes living and sleeping purposes and that has its own cooking facilities and a bathroom with a toilet and a bathtub and/or shower. The term "dwelling unit" shall not be deemed to include a room in a motel, rooming house, tourist home, hotel, hospital, nursing home, dormitory, fraternity or sorority house or other group residence as defined herein.
Equal to 11,889 gallons per quarter or 47,556 gallons per
year, as measured by the point-of-use service meter, and used for
determining the basic water rate fFee, as set forth in Rate Schedule
A to be charged to a customer. (These amounts are equal to approximately
45 kiloliters per quarter or 180 kiloliters per year.) An EBU is generally
found to be equivalent to the approximate average amount of water
used by a single-family home within the Borough.
The water usage equal to 57,415 gallons per year or 157.3
gallons per day, as measured by the point-of-use service meter or
by an engineer's calculation, where required. (These amounts are equivalent
to 217.32 kiloliters per year or 0.5954 kiloliters per day.) This
EDU figure is established under the provisions of PA Act 57 of 2003
(which amended PA Act 203 of 1990). The number of EDUs is used to
determine the following costs:
Tapping fees for new customers;
Reassessed tapping fees for existing customers which:
Install additions to existing facilities;
Expand existing facilities;
Expand operations;
Increase water usage, for any reason other than an unidentified
loss of water which is remediated within three months of determination
of where the loss is occurring; and additional tapping fees for increased
water usage shall be calculated annually and shall occur in the event
the customer's water usage increases more than 10% over the previous
12 months' water usage, as calculated in or about March of each year.
Decrease water usage by more than 10% over the previous 12 months' water usage, as calculated in or about March of each year, and file a new or amended application with the Borough pursuant to § 154-5D, to reassess the EDUs assigned to the premises.
[Added 8-18-2020 by Ord. No. 1370, approved 8-18-2020]
Extensions of distribution pipes beyond existing facilities
and exclusive of service connections.
The distribution pipelines owned by the Borough which are
located in streets, highways, public ways or private rights-of-way,
and which are used to serve the general public.
Established where a nonresidential user, mixed-use user and/or
multiresidential dwelling customer has decreased its water usage to
its premises by greater than 10% of the previous year's usage for
any reason.
Established where a nonresidential user, mixed-use user and/or
multiresidential dwelling customer has increased its water usage to
its premises by greater than 10% of the previous year's usage for
any reason.
A device approved for measuring the quantity of water consumed
by a customer which consumption is the basis for determining the charge
for water service.
Milligrams per liter (or parts per million) in water analysis.
See "applicant."
Any natural person, association, partnership, firm, corporation,
government, educational institution, limited liability corporation,
limited liability partnership, trust, or other legally recognized
entity capable of entering into contracts.
Any parcel(s) of real property located in the Borough, including
dwelling(s), dwelling units, buildings, common areas, and land and
appurtenant and/or accessory structures. The terms "premise" and "premises"
are interchangeable.
Providing of water to premises exclusively for fire protection
via a sprinkler system connection or private fire hydrant.
Furnishing of water for fire protection service through public
fire hydrants.
The pipe leading from the water main to curb stop of the
premises served or to be served by water service. The service lateral
is owned by and is the responsibility of the Borough.
The pipe leading from the curb stop to the premises of a
water customer. The service line is owned by and is the responsibility
of the customer.
Mandatory.
The pipe connection at the Borough water main for the purpose
of supplying water for fire protection to a customer's premises or
facility.
The minimum fee charged for a premise where water services
have been terminated or temporarily suspended, equivalent to the basic
water rate charged to one EBU per dwelling unit, or for any nonresidential
use, equivalent to the basic water rate multiplied by the number of
EBUs assessed on the premises, as calculated based on historical records
of reserve capacity. Requests to suspend water services and to be
assessed a standby fee, shall be made in writing by the customer to
the Borough. The Borough shall make the final determination as to
if and when the standby fee shall apply. Provided the standby fee
continues to be paid on time, the number of EDUs allocated to the
premises shall remain unchanged and no additional tapping fees shall
be charged to the customer, until such a time as water service is
restored and it is determined that a material change increase in flow
has occurred. No premises with an unmetered fire protection service
shall be eligible to have a standby fee waived.
[Amended 8-18-2020 by Ord. No. 1370, approved 8-18-2020]
Shall mean and include any street, road, lane, cul-de-sac,
alley, public way and public square, either for or intended for public
use, and shall include the cartway, sidewalk, gutter, and right-of-way
area, whether or not the street, or any part of the street, is owned
in fee by others than the Borough.
Fee allowed per The Borough Code and PA Act 57 of 2003 (amending
PA Act 203 of 1990), as amended, which is based on a distribution
system charge, treatment plant capacity charge, and special purpose
charge, if any.
Any nonpermanent water service which is billed through the
use of an approved temporary meter, provided by the Borough, for a
short and defined period of time as per the application submitted
by the customer. Such use shall include, but not be limited to bazaars,
fairs, construction work, seasonal trailers or camps, and irrigation
of vacant property.
Residential tenant - An adult occupant of a regulated rental unit, as defined under Chapter 124 of the Borough Code, with whom a legal relationship with the owner of the premises, is established by written or oral lease, or other enforceable possessory right under the laws of Commonwealth of Pennsylvania.
Nonresidential tenant - A person legally occupying a premise
or any portion thereof with whom a legal relationship with the owner
of the premise is established by written or oral lease, or any other
enforceable possessory right under the laws of the Commonwealth of
Pennsylvania.
A lawful activity engaged in or upon a premises or any part
thereof by an owner, tenant or other persons with a legally enforceable
possessory interest to engage in such activity. A legal use may contain
multiple uses which are created by the subdivision of possessory interests
within a premises. Each use within a legally approved use is considered
its own independent use.
Includes the filter plant, fixtures, treatment equipment,
wells, pumping stations, transmission lines, distribution lines, hydrants,
reservoirs, tanks, curb stops, rights-of-way and all other properties
and facilities together with related equipment now or hereafter owned,
operated and maintained by the Borough of East Stroudsburg in order
to collect, treat and distribute water for municipal purposes and
for the use of the inhabitants thereof.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5607.
[2]
Editor's Note: Rate Schedule A is included as an attachment to this chapter.
All owners of premises abutting or adjoining any street or alley
in which there is an existing water main or in which a water main
may be constructed shall make connection, at their own expense, to
such waterline for the purpose of supplying water to such premises.
For the purposes of this chapter, the term "abutting" shall mean any
premises where the property line falls within a distance of 200 feet
from an existing Borough water main. Any such owner of premises shall
be given at least 45 days' notice of the requirement for connection
of his premises to the Borough water system. Upon failure of such
owner to make such connection, the Borough may make the same and collect
the cost thereof in accordance with law. In addition, after 45 days'
from the notice issuance, the Borough shall charge the EBU and EDU
fees as calculated under this chapter, regardless of the status of
the connection.
A.
Application for water service.
(1)
The owner of premises desiring the provision of water service from
the Borough of East Stroudsburg mains into his premises must first
make a written application on the form furnished by the Borough of
East Stroudsburg, at least two weeks before service is required, stating
the street and house number or location, the name of the owner and
tenant, the purpose for which service will be used and the exact time
when the trench from the premises to the premises curb line and his
service will be ready for making the connection.
(2)
In making application for a supply of water, each customer contracts
and agrees to be bound by this chapter, by Borough of East Stroudsburg
rules and regulations for water service in effect at the time application
is made, and by such other rules and regulations as may be promulgated
from time to time by the Borough.
B.
Application for new water service.
(1)
The application shall require payment of water service connection
fees, and tapping fees, and other charges currently in effect.
(2)
Where special service charges are fixed or the cost of service of
any kind is estimated, payment must be made at the time application
is submitted and before the service is turned on.
(3)
In making application for water service, the applicant contracts
and agrees to be bound by this chapter, by Borough of East Stroudsburg
rules and regulations for water service currently in effect, and by
such other rules and regulations as may be promulgated from time to
time by the Borough.
C.
Application for water service for change of ownership of premises.
(1)
All outstanding water charges shall be paid prior to acceptance of
the application by the Borough. No agreement to provide water service
will be entered into by the Borough with any applicant for water service
for a specific property until all delinquent Borough charges on that
property have been paid or until an arrangement satisfactory to the
Borough Council for payment of the unpaid charges are made. An applicant
for water service who has outstanding charges owed to the Borough
for other water services, past or present, shall pay all such charges
prior to the new service being established.
(2)
All conditions for water service shall be subject to such changes
or other modifications as may be directed by action of the Borough,
the legislature, or the Commonwealth of Pennsylvania or other regulatory
body.
(3)
Change in ownership or conditions of water use of a premises shall
require written notification of such change(s) by the owner of the
premises to the Borough. The Borough will read the meter in order
to bill the final amount due from the terminating customer, under
the conditions of this chapter. Future billings shall be sent to the
applicant for water service as the new owner of the premises.
(4)
In making application for water service, the applicant contracts
and agrees to be bound by this chapter, by Borough of East Stroudsburg
rules and regulations for water service in effect at the time application
is made, and by such other rules and regulations as may be promulgated
from time to time by the Borough.
D.
Conditions of water service.
(1)
Any customer making any material
change in the size, character, or extent of equipment or operations
utilizing water service, or whose change in operation results in a
material change increase in flow, shall immediately give the Borough
written notice of the nature of the change, and either amend its application
if an application exists with the Borough or submit a new application,
and pay all fees as applicable under the conditions of this chapter.
[Amended 8-18-2020 by Ord. No. 1370, approved 8-18-2020]
(2)
Any customer claiming a change in operation which results in a material change decrease in flow may file a new or amended application with the Borough pursuant to § 154-5D, to reassess the EDUs assigned to the premises. The application shall provide the Borough written notice of the nature of the change, and shall include a request by the customer to forfeit the capacity, or a portion thereof, previously allocated to the premises. The customer shall not be eligible for any refund as a result of the forfeit. If at some point in the future the premises requires additional water allocated to the property, the owner of the premises shall be subject to making a request for the additional capacity required and, if that capacity is available, paying whatever tapping fees are in force at the time.
[Added 8-18-2020 by Ord. No. 1370, approved 8-18-2020[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection
D(2) through (10) as Subsection D(3) through (11), respectively.
(3)
The Borough shall adjust the number of EDUs assigned to the premises
to allow for additional tapping fees based on a new application for
an increase in water usage due to a material change increase in flow,
in accordance with a recalculation of the actual increase of water
usage as allowed under the provisions of this chapter. Tapping fees
based upon recalculated EDU's shall not be returned if a water usage
is subsequently decreased due to a material change decrease in flow.
The Borough shall also adjust the customer's bills based upon recalculated
EBUs, accordingly. Failure to file an application will not relieve
a customer of the obligation to pay for additional EDUs and pay for
additional EBUs in accordance with the conditions of this chapter.
The Borough shall have the right, upon 10 days' notice, to discontinue
water service until such an application has been submitted and approved,
and all outstanding fees have been paid in full.
(5)
Any premises intended to be occupied by more than one use or family
shall be provided with an independent meter and shut-off/drain valve
conveniently located for each separate use or dwelling unit served
with water, so that any portion of such premises which may be separately
occupied can be drained without interfering with the supply of water
for the other occupants.
(6)
The Borough may refuse to serve an applicant if the applicant does
not have facilities to maintain an adequate level of service, or if
the service is of such character that is likely to result in unfavorable
service to other users, or if the applicant's installation of piping
is regarded as hazardous or of such condition that satisfactory service
cannot be adequately provided. The Pennsylvania Uniform Construction
Code standards shall govern.
(7)
Water service to premises shall only be provided through a Borough approved service connection and meter. No premises with an approved connection may convey water to another premises. Violation of these rules will subject the customer to penalties as prescribed under the conditions of § 154-20 of this chapter. All participants may be subject to the provisions of theft of utility services pursuant to the Pennsylvania Crimes Code.
(8)
The Borough may authorize temporary connections between separate
premises at the Borough's sole discretion.
(9)
It is unlawful to bypass, modify, change, tamper with, or replace
the Borough's water meter without the Borough's written permission.
(10)
All costs of water service to a premises shall be a lien against
the premises at the time the water service is rendered, regardless
of the billing date.
(11)
No premises with a meter shall be served or provided water that
has gone through the meter of another premises without express written
approval of the Borough.
A.
Service lines.
(1)
Upon approval of application for a new service connection, the Borough
will require the applicant to pay the current connection fees. After
proper payment, the Borough will tap the main, insert the corporation
stop and furnish the curb stop and box, all of which shall remain
the property of the Borough.
(2)
The customer shall be responsible for the maintenance and repair
of the service line from the curb stop to and including the customer's
premises, except where the curb stop is located on private property;
in such cases, the customer will be responsible for maintenance and
repair from the end of the public right-of-way to and including their
premises. If the customer fails to promptly repair any leaks or non-conformities
of this service line with the requirements of this chapter, the Borough
shall have the rights to discontinue service by shutting off the curb
stop, to make the necessary repairs to the service line, and to charge
the customer all costs, including legal fees, associated with making
these repairs. The Borough shall assess charges for shutoff and resumption
of water service in accordance with the provisions of this chapter,
and as set forth in Rate Schedule A of this chapter.[1]
[1]
Editor's Note: Rate Schedule A is included as an attachment to this chapter.
(3)
Service lines will not be installed when the service line passes
over or through premises other than those owned by the owner of the
premises to be supplied, unless the owner of the premises to be supplied
assumes all liability and furnishes a recordable right-of-way agreement
granting an easement or easements in a form satisfactory to the Borough.
(4)
The service line installed by the customer shall not be less than
three-fourths-inch K copper tubing as required by the Borough and
shall be laid not less than 48 inches below the surface, and shall
not be covered until the tap on the main is made and the service line
tested. If any defects in workmanship or materials are found, the
service shall not be turned on until such defects are remedied. All
plumbing connections from the curb stop to the premises shall be rated
for a minimum pressure of at least 150 pounds per square inch, shall
be constructed of materials certified by NSF 61 for potable water,
and shall be installed in accordance with applicable provisions of
the Uniform Construction Code (UCC) of Pennsylvania in force at the
time of installation of the service line.
(5)
No service line shall be laid in the same trench with a sewer or
gas service line.
(6)
Plumber installation of meter horn shall be made at the time the
final plumbing is completed, and shall be subject to inspection and
approval by the Borough.
(7)
The service line from the premises to the curb stop shall be kept
in good condition by the customer under penalty of discontinuance
of service by the Borough. All leaks on the customer's premises must
be repaired promptly by the customer.
(8)
The Borough reserves the right to inspect the plumbing on any premises
and, if it shall be found not in conformity with the rules of the
Borough, to refuse and/or discontinue water service until the objectionable
or improper work is corrected.
(9)
The Borough shall require the installation of a pressure reducing
valve/pressure regulating device at any premises where the incoming
water service pressure is anticipated or found to exceed 80 pounds
per square inch (psig). The exception to this being fire service or
industrial water service connections upon written approval of the
Borough. All costs of furnishing and installing pressure regulating
devices shall be the responsibility of the customer.
(10)
All water service connections to the Borough water system shall
meet the backflow prevention requirements provided in Schedule B of
this chapter.[2]
[2]
Editor's Note: Rate Schedule B is included as an attachment to this chapter.
B.
Connection fees.
(1)
Upon issuance of a building permit, a minimum connection fee, as
provided in Rate Schedule A of this chapter shall be due and payable
to the Borough of East Stroudsburg for each new service requiring
a metered connection to the Borough's water distribution system.
(2)
For those service connections to the Borough water system requiring
a meter greater than one inch in size (one-and-one-half-inch SR Meter
up to eight-inch compound meter), the meter shall be ordered and supplied
by the Borough but must be installed by the applicant. In those cases,
a standard connection/meter installation fee shall not apply, but
the Borough will charge the applicant for the meter cost based on
the current cost to the Borough of the required size meter. The Borough
will also charge the applicant for the actual cost for the Borough
to make connection the water main and furnish and install the service
lateral up to and including the curb stop/valve, if provided by the
Borough.
(3)
The actual cost of installing the service lateral may vary, and shall
be based on the length of lateral, size of the pipe to be installed,
the nature of the ground in which the lateral is to be installed,
and the type and amount of restoration required. In the event that
the cost to install the service lateral and other components of the
connection exceeds the minimum connection fee as listed in Rate Schedule
A of this chapter, the fee charged to the applicant for the connection
shall be the actual cost of installation.
(4)
The connection fees (and all other rates and fees) as set forth in
Rate Schedule A of this chapter may be amended by resolution of Borough
Council.
(5)
The cost of the applicable connection fee must be paid in full prior
to the Borough allowing the use of the new connection for water service.
The water shall not be turned on to the property until the applicable
fee(s) are paid in full.
C.
Other charges for connection services. Borough Council or other authorized
Borough officials may assess charges against an applicant for special
services rendered in regards to making connection to the Borough water
system, or for damages to Borough-owned equipment or facilities or
for any other unlawful activity, and such charges must be paid by
said applicant. Upon failure of the applicant to pay such charges
within a reasonable time after presentation of same, the water service
may be refused or turned off, as well as the claim may be collected
in such manner as other municipal claims are now by law collected.
D.
The whole cost, or part of the cost, of construction of new water
mains or extension of existing water mains, whether such mains are
located within or without the limits of the Borough, serving the properties
abutting thereon may be assessed by the Borough against the properties
abutting along the line thereof by the front foot rule. Such assessments
may be collected as other municipal claims are now by law collected.
With respect to new subdivisions within the Borough of East Stroudsburg,
the total costs of new water mains or extensions of existing water
mains shall be borne by the owners or developers of said subdivisions
and constructed in accordance with requirements of the Borough's Subdivision
and Land Development Code.[3]
A.
The design capacity for a residential customer of the Borough water
system is 157.3 gallons per day (gpd) per equivalent dwelling unit
(EDU) calculated at 65 gallons per capita per day times 2.42, the
average number of persons per household in the Borough according to
2000 year census data, in accordance with the provision of PA Act
57 of 2003. The EDUs for nonresidential user and mixed-use user customers
shall be calculated by the customer's daily water flow usage divided
by 157.3 gpd, to the nearest tenth of an EDU (rounded up where applicable).
B.
C.
Tapping fees shall be due and payable upon issuance of a building
permit. Water shall not be turned on to a property until the applicable
tapping fees(s) are paid in full.
(1)
If it is determined by the Borough that the minimum tapping fee would
not apply to a particular premises (nonresidential users, mixed-use
users, or multiresidential dwellings) requesting connection to the
system, the applicant shall submit historical data and engineering
calculations to support the estimated water use projections for the
premises. The data and calculations shall be reviewed by the Borough
and/or Borough Engineer using engineering standards and procedures.
All determinations of the Borough shall be final. Within one year
following the date of connection, the Borough shall make an analysis
of actual quarterly water usage, and the Borough shall thereafter
adjust the EDU assignment, and associated tapping fee previously collected,
upward or downward based on the quarterly usage.
(2)
In those cases, where an owner of a premises is demolishing existing structures due to fire or redevelopment of that property, the customer shall be given credits equal to the existing tapping fee (EDU) usage. If the reconstruction or redevelopment of the property results in a use exceeding the prior tapping fee (EDU) usage then the customer shall pay the difference in tapping fee (EDU) charges. In those cases where a change in use, addition or expansion of use results in additional tapping fee (EDU) usage, additional charges shall be based upon the additional usage (EDUs) which may result due to the reconstruction or redevelopment of a site and in no case shall EDU's be transferable from the original property to another property. Any additional fees shall be charged in full per § 154-7A through C(1).
A.
Metering requirements; reading.
(1)
Water from the Borough water system shall be supplied to customers
only through meters, unless otherwise approved by the Borough.
(2)
The Borough owns and maintains all water meters connected to the
Borough water system.
(3)
The Borough must approve the location and installation of all water
meters and related appurtenances.
(5)
Meters shall be read at a minimum of quarterly by the Borough. The
Borough may elect to read the meters of large nonresidential users
and mixed-use users on a more frequent basis. Upon the sale of any
premises, the Borough shall also read the meter at the premises.
(6)
The meters shall be read in gallons [or kiloliters (kl), where one
kiloliter equals 264.2 gallons].
(7)
It shall be illegal to bypass, modify, change, tamper with or replace
the Borough's water meter without the Borough's written permission.
B.
Quarterly rates and minimum charges.
(1)
Basic water rate fees shall be calculated for the classifications
of water users listed below and charged as provided per Rate Schedule
A of this chapter, as may be amended by resolution of Borough Council
and in accordance with law.
(2)
Consumption or usage fees: As per Rate Schedule A of this chapter,
as may be amended by resolution of Borough Council and in accordance
with law.
(3)
No vacancy or dormancy credit shall be permitted except when water
is shut off at the curb stop, at the written request of the customer.
All premises will have meters read and will be invoiced, regardless
of water usage, unless a written request from the customer is made
to have the Borough shut off water at the curb stop. In said instances
where water service is shut off to the premises, the Borough shall
charge standby fees, shut off fees, water service restoration fees,
or other such fees as set forth in Rate Schedule A of this chapter.
(4)
If water service is shut off for any reason, a minimum of 48 hours'
notice is required before water service can be restored by Borough
personnel. All applicable fees, as provided for in this chapter, must
be paid in full to the Borough, prior to service being restored.
C.
Classifications of water users.
(1)
Single-family homes, consisting of one dwelling unit on a single premises, are charged at a basic water rate of one equivalent billing unit (EBU). All water usage in gallons (or kiloliters) shall be charged the consumption fee at the rate set forth in § 154-8B(2). In no case, shall any single-family home provided with water service, be charged less than one EBU minimum multiplied by the basic water rate.
(2)
Multiresidential dwellings, consisting of more than one dwelling unit on a single premises, including two-family residential dwellings, are to be provided a separate meter for each dwelling unit, and to be charged at a basic water rate of one equivalent billing unit (EBU) for each dwelling unit, plus a consumption fee for each dwelling unit at the rate set forth in § 154-8B(2). In those instances in which separate connections and separate metering do not exist, each dwelling unit shall be subject to the same charge as would be applied if separate connections (with separate meters) had been made to each dwelling unit present on the premises so served. All water usage in gallons (or kiloliters), through any or all meters on the premises, shall be charged to the multiresidential dwellings at the consumption fee at the rate set forth in § 154-8B(2). In no case, shall any multiresidential dwellings provided with water service be charged less than one EBU minimum for each dwelling unit multiplied by the basic water rate.
(3)
Commercial, industrial, and institutional users, hereafter collectively referred to as "nonresidential users," are charged a basic water rate fee multiplied by the number of EBUs assessed on the premises, plus the consumption fee for all water usage in gallons (or kiloliters) at the rate set forth in § 154-8B(2). The number of EBUs assessed is based on an annual average of the previous four quarters of water usage, as calculated in or about March of each year for the premises. The annual average is divided by the amount of water established in the definition of an EBU to determine the number of EBUs to be assessed for each nonresidential user's premises. Nonresidential users will be invoiced for each separate metered connection on the premises quarterly, at a minimum. Each metered connection on the premises shall be assessed at no less than one EBU per metered connection multiplied by the basic water rate. New nonresidential user premises, or premises converted to a nonresidential use, will be assessed an initial number of EBUs based upon a calculation, historical meter data from similar facilities, and/or PADEP planning module submission, as submitted by the applicant and approved by the Borough, until such time as a one-year history is established for the premises. EBU assessments shall be recalculated on a yearly basis, to the nearest tenth of an EBU. In no case, shall any nonresidential user premises provided with water service be charged less than 1 EBU minimum multiplied by the basic water rate. Thereafter the EBUs assessed to the premises shall be calculated as indicated in this subsection, to the nearest tenth of an EBU (rounded up, where applicable). New nonresidential user premises, premises converted to a nonresidential use and/or nonresidential user premises undergoing renovation for which a plumbing permit is required shall provide separate water meters for each use on the premises, unless otherwise waived by the Borough (see § 154-11).
(4)
Mixed-use (commercial/residential) users, consist of at least one commercial use and one or more residential dwelling unit on a single premises. Mixed-use users are to be provided with separate connections and separate meters for each commercial connection and each residential dwelling unit, and are to be charged a basic water rate fee multiplied by the number of EBUs assessed for each commercial use on the premises, based on an annual average of the previous four quarters of water usage, as calculated in or about March of each year, consistent with Subsection C(3) above and a basic water rate of one equivalent billing unit (EBU) for each residential dwelling unit and for all water usage in gallons (or kiloliters), as measured through all water meters on the premises, which shall be charged the consumption fee at the rate set forth in § 154-8B(2). Mixed-use users for which separate connections and separate metering do not exist, are to be charged a basic water rate fee multiplied by the number of EBUs assessed based on an annual average of the previous four quarters of water usage, as calculated in or about March of each year, for the entire premises consistent with Subsection C(3) above, but no less than a minimum charge as would be applied by assessing a minimum of one EBU to each commercial use and one EBU to each residential dwelling unit, subject to the same minimum charge as if separate connections (with separate meters) had been made to each commercial use and each dwelling unit. All water usage in gallons (or kiloliters) shall be charged the consumption fee at the rate set forth in § 154-8 B(2). New mixed-use user premises, or premises converted to a mixed-use, will be assessed an initial number of EBUs based upon a calculation, historical meter data from similar facilities, and/or PADEP planning module submission, as submitted by the applicant and approved by the Borough, until such time as a one-year history is established for the premises. Thereafter the EBUs assessed to the premises shall be recalculated on a yearly basis as indicated in this subsection, to the nearest tenth of an EBU (rounded up, where applicable). In no case, shall any mixed-use premises provided with water service be charged less than one EBU minimum per commercial use and one EBU minimum per residential dwelling unit, each multiplied by the basic water rate.
(5)
In the event that a reduction of EBUs assessed to a nonresidential
user or mixed-use user premises is determined by the Borough, based
upon a calculation of the annual average meter readings, and the decrease
in the customer's water usage is more than 10% compared to the previous
year's usage, the Borough shall notify the customer of the Borough's
intent to reduce the EBUs and may adjust the premise's allocated capacity
(in EDUs) corresponding to the reduction in EBUs. The customer shall
not, as a result of the granted decrease in EBUs assessed, be entitled
to the return of or credit for charges paid in previous billing periods.
Further, the customer shall not be entitled to the return of or credit
for EDU (tapping fees) previously purchased, as a result of the reduction
of water capacity allocation.
(6)
In the event that a nonresidential user or mixed-use user premises
increases its water usage more than 10% in excess of the assessed
EBU amount then allocated, over a six-month period, the Borough shall
notify the customer of the Borough's intent to increase the EBUs,
and that customer's EBU assessment (to be multiplied by the basic
water rate fee) shall be adjusted by the Borough to account for the
increase. If the increase in water usage as set forth above continues
for a period of one year, then the Borough shall notify the customer
of the Borough's intent to adjust the premise's allocated capacity
(in EDUs) corresponding to the increase in EBUs, and the customer
shall be required to purchase additional capacity, based upon an assessment
of EDUs as set forth in this chapter, at the current rate then in
effect.
D.
Bulk water users.
(1)
The sale of bulk water from the Borough water system shall only be
approved through a special agreement between the Borough and a bulk
water user.
(2)
The bulk water usage charge as set forth in Rate Schedule A of this
chapter[1] shall apply.
[1]
Editor's Note: Rate Schedule A is included as an attachment to this chapter.
(3)
The Borough may enter into an agreement for the bulk sale or bulk
purchase of water during a declared emergency, in accordance with
law.
E.
Temporary water service users.
(1)
Fees for temporary water service shall be charged at the rates set
forth in Rate Schedule A of this chapter, plus the cost of water meter
rental. A deposit shall be required as set forth in Rate Schedule
A of this chapter, which at a minimum will include the cost of the
meter.
F.
Billing.
(1)
Water services provided to a premises shall be a lien against the
premises at the time the services are rendered, regardless of billing
date.
(2)
All bills for water service to single-family homes will be invoiced
quarterly. Invoices for multiresidential dwellings, nonresidential
users, and mixed-use users, and any customers in arrears, will be
billed quarterly at a minimum, but may be billed on a more frequent
basis, as determined by the Borough in its sole discretion.
(3)
Per diem. Where new connections occur between quarterly billing periods
or where existing customers give proper notice to the Borough office
of shutting water off or turning water on (at the curb stop), the
Borough shall calculate the bill on a per diem (daily) basis. The
calculations shall be based on a proration of the applicable basic
water rate fees, plus the actual consumption fees.
(4)
Meter readings shall be deemed conclusive. No credit for leaks or
wasting of water will be given.
(5)
The Borough will only bill owners of a premises for water services
rendered to the premises, regardless of the owner's occupancy. The
owner of the premises shall always be fully liable for payment of
all bills. The owner shall timely comply with the PA Water Services
Act (53 PS § 3102.101 et seq.) and the PA Utility Service
Tenants Rights Act (68 PS § 399.1 et seq.), if tenant information
is requested by the Borough.
(6)
Bills are due and payable upon presentation. The Borough will allow
for a grace period of 15 days to pay a water bill, after which a 10%
penalty, plus interest and other fees may be imposed.
(7)
Water service may be discontinued to any customer who allows a bill
for water to remain unpaid for longer than 3 1/2 months following
the issuance of a bill. In the event that water service is discontinued
due to nonpayment of bills, all delinquent and current water and sewer
bills for the premises, plus any outstanding penalties, interest and
fees thereon as may be determined by the Borough, must be paid before
water service will be restored.
(8)
The Borough reserves the right to collect, unpaid bills for water
service and sewer service, as municipal lien claims, and as authorized
by law.
(9)
Failure to receive a bill shall not exempt any customer from the
customer's obligation to pay for services rendered. The presentation
of a bill to the customer is only a matter of accommodation and not
a waiver of this rule.
(10)
Failure to pay water and/or sewer bills when due is a violation
of this chapter, and the customer may be subject to penalties, as
set forth in the penalties section of the chapter.
(11)
The Borough shall follow standard administrative procedures
for the discontinuance and shut off of water to a premises.
(12)
Any person who receives notice, or who's premises is posted
with a notice, of the Borough's intent to shut off of water service
to the premises within 10 days of the posting, shall have 10 days
from the date of the original posting to file an appeal.
(13)
A fee or fees, as set forth in Rate Schedule A of this chapter
shall be charged by the Borough for any request to turn off or turn
on water service to the service connection at the curb stop.
(14)
Any customer, disputing the accuracy of a bill shall, within 15 days of receipt of the bill, submit, in writing, to the Borough Chief Financial Officer, all bases for the dispute. The Borough shall promptly investigate. If the investigation does not resolve the dispute, the customer may file an appeal in accordance with the provisions of Article III of this chapter, no later than 30 days after the receipt of the bill. In any event, if the customer is unsatisfied with the results of an investigation or disagrees with the findings, the period for filing an appeal shall commence from the date of receipt of the bill in question.
A.
Customers with sprinkler system connections and/or private fire hydrants
shall be charged an annual fee for standby fire protection service.
A private fire hydrant is a hydrant located on private property and/or
installed on a waterline that is not owned and maintained by the Borough.
B.
The annual fees for automatic sprinkler system connections and private
hydrants shall be as set forth in Rate Schedule A of this chapter.
D.
The annual sprinkler system connection fees and private hydrant fees
may be amended from time to time by resolution of the Borough Council.
A.
All fire hydrants in the public right-of-way shall be furnished,
installed and maintained by the Borough Water Department. In the case
of new development, the Borough must approve and inspect all fire
hydrants, prior to dedication and acceptance of responsibility for
the fire hydrants. A maintenance period may be applicable prior to
the dedication of new streets and fire hydrants.
B.
No person, other than an authorized Borough employee or a member
of the Fire Department of the Borough of East Stroudsburg or other
cooperating public fire company in active performance of duty, shall
use, open or otherwise interfere with any fire hydrant in the Borough
of East Stroudsburg water system.
C.
The Borough of East Stroudsburg may, at its option, permit the use
of a fire hydrant (or other such Borough fixture) for providing a
temporary water service. Approval for such use must be obtained from
the Borough Manager, only after review and approval by the Director
of Public Works. Any such use requires an approved, temporary meter,
payment of a deposit and payment of all charges as set forth in Rate
Schedule A of this chapter.[1]
[1]
Editor's Note: Rate Schedule A is included as an attachment to this chapter.
D.
No fire hydrant shall be used for other than fire-fighting purposes,
unless specifically approved by the Borough.
E.
Obstruction of fire hydrants.
(1)
No person shall obstruct the access to any fire hydrant by placing
or permitting any post, tree, shrub, rock, debris, building material
or other obstruction to remain within the following specified distances
of the front, sides and rear of the hydrant:
(a)
The unobstructed distance on the sidewalk shall not be less
than four feet on each side and to the rear of the center of the hydrant
except where hydrants are placed on streets having sidewalks less
than five feet in width where the clear distance to the rear will
be correspondingly limited.
(b)
The unobstructed distance on the roadway in front of the fire
hydrant shall be not less than 12 feet on each side of the center
of the hydrant, which clear width shall extend to the unobstructed
portion of the roadway.
(2)
Upon notice being given by the Borough or the Borough Fire Company,
property owners shall immediately remove any obstacle(s) in violation
of this regulation. If the property owner fails to remove the obstacle,
the Borough may do so and seek reimbursement of costs from the property
owner.
F.
Where damage to a fire hydrant or other property from the use of
a fire hydrant occurs, then the person responsible for the damage
shall be responsible for all costs and damages incurred.
G.
All public and private fire hydrants shall conform to the requirements
of Chapter 7 of NFPA 24. All fire hydrants shall be provided with
approved STORZ connections for the steamer ports.
A.
The Borough, through its Public Works Department employees, will
determine the installation location for all water meters.
B.
For all new single-family homes, or conversion of an existing single-family
home to any other classification or use, the meter is to be placed
outside the building of the single-family home, in an approved meter
pit furnished by the Borough at the expense of the customer, unless
otherwise waived by the Borough, and must have a suitable disc-valve
type or ball valve type stop and a backflow prevention device approved
by the Borough. If it is determined by the Borough, based upon information
supplied by the customer, that the meter cannot be feasibly placed
in an approved meter pit outside of the building of a single-family
home, the customer will provide, free of charge and expense to the
Borough, a readily accessible place in the cellar, basement, or other
suitable location within the building near the entrance of service
pipes, with a stop at the inlet side of the meter and stop on the
house side of the meter, the stop to be of a disc-valve type or ball
valve type acceptable to the Borough, and an approved backflow prevention
device also to be acceptable to the Borough.
C.
For any change of use to a premises or any new construction or renovations
of multiresidential dwellings, nonresidential user premises, or mixed-use
user premises requiring a plumbing permit under the Borough Codes,
the Borough shall require separate meters, shut off valves and backflow
prevention devices (in accordance with Schedule B of this chapter[1]) for each use or dwelling unit on the premises, to be
installed in an approved meter pit outside of the building, or in
a separate mechanical room within the building with exterior access
to be provided to Borough personnel at all times, unless otherwise
waived by the Borough. Multiresidential dwellings shall be provided
with a separate meter and shut off valve for each dwelling unit. Mixed-use
user premises shall be provided with a separate meter and shut off
valve for each commercial use and for each dwelling unit, unless otherwise
waived by the Borough.
[1]
Editor's Note: Rate Schedule B is included as an attachment to this chapter.
D.
The Borough shall determine the size of meter to be installed, but
in no case shall the meter be more than one commercial size below
the size of service line. A five-eighths-inch meter shall be the smallest
meter to be installed on a service line for domestic uses.
E.
The Borough will furnish meters and meter horns for new connections
at the sole cost of the customer. Plumber installation of the meter
horn shall be made at the time the final plumbing is completed after
inspection by the Borough. The customer shall bear all costs associated
with the plumber installation of the meter horn. The meter, remote
readers and horn shall remain the property of the Borough, and access
to same for reading of the meter, inspection, testing, repairs, etc.,
must be permitted at all reasonable times by the customer.
F.
All meters must have an approved check valve installed. All connections
to the Borough water system, whether for water service or for fire
sprinkler system connection shall comply with the Borough's backflow
prevention requirements, as set forth in Schedule B of this chapter.
G.
In the case of a nonresidential user, where the nonresidential use
was created by a change of use from another classification, the metering
and backflow prevention devices for the premises will be reviewed
for conformance with the requirements of this chapter, and, if upgrades,
modifications or replacement of these devices are required, these
improvements will be made and the cost of the improvements will be
the responsibility of the customer. The requirements for review and
replacement of metering and backflow prevention devices shall also
apply in the case where the hazard classification of the nonresidential
use on the premises changes.
H.
In the case of a mixed-use user, where the mixed-use was created
by a change of use from another classification, the metering and backflow
prevention devices for the premises will be reviewed for conformance
with the requirements of this chapter, and, if upgrades, modifications
or replacement of these devices is required, these improvements will
be made and the cost of the improvements will be the responsibility
of the customer. The requirements for review and replacement of metering
and backflow prevention devices shall also apply in the case where
the hazard classification or the nature or the distribution of the
mixed-use on the premises changes.
I.
Bulk water users shall require backflow prevention devices in accordance
with this chapter, to apply at all point of use connections to the
bulk water user's water system.
J.
The customer must, at all times, properly protect the meter from
injury by frost, hot water or any other cause and will be held responsible
for repairs to the meter made necessary due to the negligence of said
customer. The customer shall be responsible for and shall be reimburse
the Borough for all damages to the meter due to freezing, hot water
or other external cause.
K.
In no case or under no circumstances shall any customer or other
persons interfere or tamper with the water meter, dials, remote reader,
transmitters, backflow prevention devices, or their associated connections.
L.
The remote reader, transmitter and antenna (as applicable) shall
be readily accessible to the Borough meter reader at all times. The
customer shall be responsible for clearing all obstacles and shrubbery
around said remote reader, transmitter and antenna. Failure of the
customer to provide access to the remote reader, transmitter and antenna
shall be reason to terminate water service to said customer.
M.
At the written request of a customer, the Borough will perform a
test of the accuracy of the meter supplying the customer's premises.
(1)
A deposit as set forth in Rate Schedule A of this chapter will be
required before the meter is tested, which sum will be returned if
the meter is found not to be registering in accordance with the applicable
American Water Works Association Standards; otherwise, the deposit
will be retained by the Borough.
(2)
The Borough reserves the right to test any meter, at its sole cost.
A.
The Borough shall not be liable for any damage resulting from leaks,
broken pipes or changes in pressure or other cause, occurring after
(downstream) of the curb stop for the premises.
B.
All water passing through a meter shall be charged for at the rates
specified herein, and no allowance will be made for excessive consumption
due to leaks or waste.
No person, except an employee of the Borough of East Stroudsburg
Water Department or other duly authorized person, shall open, close
or in any way interfere with any valve, stopcock, backflow prevention
device, meter, meter horn, remote reader, transmitter and antenna
in the Borough of East Stroudsburg water system. Bypassing of a water
meter, or tampering with or in any way interfering with the normal
operation and recording of a water meter, is illegal and shall constitute
a theft of utility services.
No connections or outlets will be permitted on the service line
or pipes, supplying any premises, between the street main and the
meter. All water used must pass through the meter. Sprinkler system
connections and fire hydrant connections are exempt from the metering
requirements of this subsection where approved and inspected by the
Borough.
A.
The Borough shall, after due notice, shut off the water for nonpayment
of water and/or sewer bills or for neglect or refusal to comply with
these rules and regulations. The Borough shall assess charges for
shutoff and resumption of water service in accordance with the provisions
of this chapter, and as set forth in Rate Schedule A of this chapter.
B.
Service under an application may be discontinued for any of the following
reasons:
(1)
Misrepresentation in application as to property or fixtures to be
supplied or the use to be made of the water supply.
(2)
Use of water for any premises other than those described in the application
for service.
(3)
Failure to file or amend an application in accordance with the provisions
of this chapter.
(4)
Failure to correct or remedy the waste of water through improper
or leaking service lines between the curb stop and the dwelling or
improper or leaking interior pipes, fixtures or other appurtenances.
(5)
Failure to maintain in good order customer owned connections, service
lines, backflow prevention devices or fixtures between the curb stop
and the dwelling or other building.
(6)
Tampering with or damaging any service lateral, meter, meter horn,
backflow prevention device, curb stop or seal or any appurtenance
of the water system of the Borough of East Stroudsburg.
(7)
Abandonment of the premises.
(8)
Violation of any rules and regulations of this chapter of the Borough
of East Stroudsburg.
(9)
Failure to make payments of any water or sewer charges against the
premises or property.
(10)
Refusal of access to premises for the purposes set forth in
this chapter, including, but not limited to, inspection, reading,
and maintenance of water meters and inspection of backflow prevention
devices.
(11)
Failure to install and utilize "low flow" plumbing fixtures
and fittings that comply with water conservation performance standards
contained in Delaware River Basin Commission (DRBC) Resolution No.
88-2 (Revision 2), as incorporated into the Borough's DRBC Docket
for Groundwater Withdrawal.
C.
Where any dwelling unit is occupied by any tenant, the Borough shall
follow the procedure set forth in the Utility Service Tenants Rights
Act, 68 P.S. § 399.1 et seq., prior to the discontinuation
of water service to such dwelling unit.
D.
The Borough shall have the right to turn off water service to a premises
or to part of the Borough water distribution system without notice
in the event of a waterline break, or for the purpose of making necessary
repairs or connections to the water system, or for force majeure.
Reasonable notice will be given when practicable. In no case shall
the Borough be liable to any water customer for any damages or inconvenience
suffered by any water customer therefrom.
A.
The Borough shall provide for the supply and distribution of water
in such a manner as it may determine to be in the public welfare.
The Borough may restrict the supply of water as circumstances may
require, in accordance with applicable laws, regulations and permit
conditions.
B.
In the event of a scarcity of potable public water, the Borough may
place restrictions on the nonessential use of water, as water supply
limits may dictate, including by example the institution of the provisions
of a drought contingency plan.
C.
The Borough of East Stroudsburg shall not be liable for any claim
or damage arising from a shortage of water resulting from the failure
of machinery or facilities or any cause beyond its control.
D.
It shall be expressly understood and agreed by and between the Borough
and parties receiving water service for private fire hydrants or sprinkler
systems connections that the Borough does not assume any liability
as insurers of property, premises or persons and that this chapter
does not contemplate any special service pressure, capacity, flows
or facility, other than the ordinary or the changing conditions of
the Borough water system as the same exist from day to day, and that
the Borough hereby declares, and it is agreed to by the customer,
that the Borough shall be free and exempt from any and all claims
or injuries to persons, premises or property, or any other person
or property, by reason of fire, water or failure to supply water,
pressure, flows, or capacity.
No connections shall be made between pipes or containers carrying
water supplied by the Borough and pipes or containers carrying water
from any other source unless the proposed cross-connection has been
approved by the Borough. In addition, no connections shall be made
between any metered premises and/or dwelling units and any other premises
and/or dwelling units, whether metered or unmetered, without the express
written approval of the Borough.
The Borough Council reserves the right to change or amend, from
time to time, the rules and regulations for the use of water.
A.
Any person who shall violate a provision of this chapter or who shall
fail to comply with any of the requirements thereof or who shall exceed
the authorization of any permit issued under the provisions of this
chapter shall be guilty of a summary offense and, upon conviction
thereof before a District Judge whose jurisdiction lies in the Borough
of East Stroudsburg at the time an action is brought, shall be liable
to pay a fine or penalty of not more than $600 for each offense and,
in default of payment due, shall undergo imprisonment for a term not
exceeding 30 days. Each day that a violation continues shall be determined
a separate violation. In addition, the Borough reserves all rights
at law or in equity to enforce the provisions of this chapter. Any
person found liable for violation of provisions of this chapter shall
be responsible to reimburse the Borough for all legal expenses incurred
in the enforcement.
B.
Penalties. No person shall be permitted the unnecessarily waste water.
If any person shall allow the water to flow unnecessarily from any
part of a private pipe or the fixture thereof, such person shall,
upon conviction thereof, be fined a sum not exceeding $600 for each
and every offense, together with costs of prosecution, or be imprisoned
for not more than 30 days, or both.
The passage of this chapter and the repeal by it of any prior
enabling ordinances relating to water service in the Borough of East
Stroudsburg or its environs shall not invalidate any actions taken
under such prior ordinances. This chapter, in such respect, shall
be deemed a continuation and codification of such prior enabling ordinances.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any remaining provisions, sentences, clauses, sections, or
parts of this chapter. It is hereby declared the intent of the Borough
Council that such remainder shall be and shall remain in full force
and effect.
All ordinances and resolutions, and parts thereof, inconsistent
herewith are hereby repealed or rescinded, but only insofar as the
same are in direct conflict or directly inconsistent with this chapter.
This chapter shall take effect five days after enactment.
