Borough of Mount Jewett, PA Chapter 427 Water

[HISTORY: Adopted by the Borough Council of the Borough of Mount Jewett as indicated in article histories. Amendments noted where applicable.]

Article I Mandatory Connections

[Adopted 10-3-1994 by Ord. No. 200]

§ 427-1 Definitions.

As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

AUTHORITY

A body corporate and politic organized under the Municipality Authorities Act of 1945[1] incorporated by the Borough of Mt. Jewett.

BUILDING MAIN

Extension from the water system of any structure to the lateral of a main.

IMPROVED PROPERTY

Any property within the Mt. Jewett Borough upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals.

INDUSTRIAL ESTABLISHMENT

Any improved property located within the Mt. Jewett Borough and used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article.

LATERAL

A. Part of the water system extending from a main to the curbline or, if there shall be no curbline, extending to the property line; or

B. If no such lateral shall be provided, "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, municipal authority or other group or entity.

WATER SYSTEM

All facilities, as of any particular time, for production, transmission, storage and distribution of water in the Mt. Jewett Borough owned by the Mt. Jewett Borough Authority.

[1] Editor's Note: See now 53 Pa.C.S.A. § 5601 et seq.

§ 427-2 Use of public water system required.

A. The owner of any improved property abutting upon the water system, except any improved property which shall constitute an industrial establishment or a farm which has its own supply of water for uses other than human consumption, shall connect such improved property with and shall use such water system in such manner as the Mt. Jewett Borough Authority may require, within 90 days after notice to such owner from the Mt. Jewett Borough Authority to make such connection; subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the Mt. Jewett Borough Authority.

B. The notice by the Mt. Jewett Borough Authority to make connection to a main referred to in § 427-2A shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section thereof, 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 of the date such notice is given or served. Such notice may be given or served at any time after a main is in place which can deliver water to the particular improved property. Such notice shall be given or served upon the owner in accordance with law.

§ 427-3 Building mains and connections.

A. No person shall uncover, connect with, make any opening into, use, alter or disturb, in any manner, any main or any part of the water system without first obtaining a permit, in writing, from the Mt. Jewett Borough Authority or its agents.

B. Application for a permit required under § 427-3A of this section shall be made by the owner of the improved property served or to be served with notice as provided in § 427-2A, or by the duly authorized agent of such owner.

C. No person shall make or shall cause to be made a connection of any improved property to a main until such person fulfills each of the following conditions:

(1) Notify the Mt. Jewett Borough Authority or its agents of the desire and intention to connect such improved property to a main;

(2) Apply for and obtain a permit as required by § 427-3A of this section;

(3) Give the Mt. Jewett Borough Authority or its agents at least 24 hours' notice before such connection will be made in order that the Mt. Jewett Borough Authority or its agents may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing; and

(4) If applicable, furnish satisfactory evidence to the Mt. Jewett Borough Authority that any tapping or connection fee which may be charged and imposed by the Mt. Jewett Borough Authority against the owner of each improved property who connects such improved property to a main has been paid.

D. Except as otherwise provided in this § 427-3D, each improved property shall be connected separately and independently with a main through a building main. Grouping of more than one improved property on one building main shall not be permitted, except under special circumstances and for good cause shown, but then only after special permission of the Mt. Jewett Borough Authority, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by the Mt. Jewett Borough Authority.

E. All costs and expenses of construction of a building main and all costs and expenses of connection of a building main to a main shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and shall save harmless the Mt. Jewett Borough Authority from all loss or damage that may be occasioned directly or indirectly, as a result of construction of a building main or of connection of a building main to a main.

F. A building main shall be connected to a main at the place designated by the Mt. Jewett Borough Authority and where, if applicable, the lateral is provided. A smooth, neat joint shall be made, and the connection of a building main to the lateral shall be made secure and watertight.

G. If the owner of any improved property located within the Mt. Jewett Borough and abutting upon the water system, subject to the exception provided for in § 427-2A, after 90 days' notice from the Mt. Jewett Borough Authority, in accordance with § 427-2A, shall fail to connect such improved property, the Mt. Jewett Borough Authority may construct such connection and collect from such owner the costs and expenses thereof in any manner permitted by law.

§ 427-4 Connection, customer facilities fee and tapping fees.

A. Connection fee. A fee, which shall not exceed an amount based upon the actual cost of the connection of the property extending from the Mt. Jewett Borough Authority's main to the property line or curb stop of the property so connected, is hereby authorized. The Mt. Jewett Borough Authority may also base such fee upon a average cost for previously installed connections of similar type and size. In lieu of the payment of the fees, the Mt. Jewett Borough Authority may require the construction and dedication of those facilities by the property owner or owners requesting such connection.

B. Customer facilities fee. A fee, which shall not exceed an amount based upon the actual cost of facilities serving the connected property from the property line or curb stop to the proposed dwelling or building to be served, is hereby authorized. The fee shall be chargeable only in the event that the Mt. Jewett Borough Authority and not the property owner or owners installs the customer facilities. In lieu of the payment of the customer facilities fee, the Mt. Jewett Borough Authority may require the construction of those facilities by the property owner or owners requesting customer facilities. The fee may include the cost of a water meter and installation if the Mt. Jewett Borough Authority provides or installs the same. Where the property connected or to be connected with the water system of the Mt. Jewett Borough Authority is not equipped with a water meter, the Mt. Jewett Borough Authority may install such a meter at its own cost and expense.

C. Tapping fee. The Mt. Jewett Borough Authority may assess a charge to each resident in accordance with a tapping fee rate in effect at the time.

§ 427-5 Regulations governing building mains and connections to main.

A. No building main shall be covered until it has been inspected and approved by the Mt. Jewett Borough Authority or its agents. If any part of a building main is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved line to be connected to a main.

B. Every building main of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.

C. Every excavation for a building main shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk or other public property disturbed in the course of installation of a building main shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to the Mt. Jewett Borough Authority.

D. If any person shall fail or shall refuse, upon receipt of a notice, in writing, from the Mt. Jewett Borough Authority to remedy any unsatisfactory condition with respect to a building main within 60 days of receipt of such notice, the Mt. Jewett Borough Authority may refuse to permit such person to be served by the water system until such unsatisfactory condition shall have been remedied to the satisfaction of the Mt. Jewett Borough Authority.

E. The Mt. Jewett Borough Authority reserves the right to adopt, from time to time, additional rules and regulations it shall deem necessary and proper relating to connections with a main and with the water system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this article.

§ 427-6 Appeals; hardship.

In the event any person shall deem the requirement to connect as provided in this article a hardship, such person may appeal to the Mt. Jewett Borough Authority for relief from such connection requirement, which appeal shall be heard in accordance with provisions of the Pennsylvania Local Agency Law.[1]

[1] Editor's Note: See 2 Pa.C.S.A. § 551 et seq.

§ 427-7 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of McKean County.

§ 427-8 Repealer.

All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.

§ 427-9 Severability.

If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the Mt. Jewett Borough that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

§ 427-10 Effective date.

The contents and substance of this article shall go into effect as of October 3, 1994.