[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Windsor as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-12-1989 by Ord. No. 1989-01]
This article shall be known and may be cited as the "Lower Windsor
Township Water District Ordinance."
To provide for the public health, safety and welfare, the Supervisors
of Lower Windsor Township, York County, Pennsylvania, are hereby authorized
and empowered to enter into an agreement with the York Water Company
and others (Windsor Township, Yorkana Borough and Modern Trash Removal
of York, Inc.) for the purposes of creating a Water District in which
there will be installed public water mains for public water service.
The Water District shall be called the "Lower Windsor Water District"
and shall encompass the following areas of the Township:
A.
A strip of land 2,000 feet wide on each side of and measured from
the center line of East Prospect Road from the Windsor/Lower Windsor
Township boundary line to a point approximately 2,000 feet east of
Bluestone/Barcroft Roads;
B.
A three-hundred-foot-wide strip of land on each side of Bluestone
Road from a point approximately 1,000 feet northwest of Mt. Pisgah
Road to a point approximately 2,000 feet north of the center line
of East Prospect Road, with such strip of land being parallel to and
concentric with Bluestone Road;
C.
A three-hundred-foot-wide strip of land on each side of Mt. Pisgah
Road extending 3,000 feet northeast from the Yorkana Borough/Lower
Windsor Township line, with such strip of land being parallel to and
concentric with Bluestone Road; and
D.
All other land in Lower Windsor Township that is within the triangular
area formed by Main Street in Yorkana Borough, Bluestone Road and
East Prospect Road, the said Main Street being the northwestern boundary
of said triangle, the said East Prospect Road being the southern boundary
of said triangle, and the said Bluestone Road being the eastern boundary
of said triangle.
A.
All persons owning any building now erected within the Lower Windsor
Water District that is occupied or intended for human habitation and
is accessible to the public water system, and all persons hereafter
erecting any new building within the district that is intended for
human habitation or occupancy and is accessible to the public water
system, shall, at their own expense, make connection of such building
to the public water system. A building shall be deemed "accessible"
to the public water system when any part of it shall be located within
150 feet of any public street or easement in which is laid a public
water main.
B.
Where any building required to be connected to the public water system pursuant to Subsection A of this section is accessible to an existing water main or, at any time hereafter becomes accessible to a newly constructed water main, such connection shall be made within six months following receipt of notice from the Township to make such connection.
C.
All connections to the public water system shall be made in accordance
with the applicable Township ordinances then in effect and the rules
and regulations thereunder, and in accordance with the rules, regulations
and specifications from time to time in effect and specified in The
York Water Company's tariffs and operating policies.
A.
Upon the connection of any building to the public water system, the
internal water and plumbing system of such building connected to any
individual on-lot or private water system shall be immediately disconnected.
Thereafter, such individual on-lot or private water system shall not
be used for human consumption, bathing, other household uses, or for
sanitary purposes.
B.
Existing on-lot or private water systems may, with the approval of
The York Water Company, be maintained and used for irrigation, fire
protection, filling of swimming pools, or other purposes not prohibited
by said Company's operation policies. In no event shall there be any
cross-connection of any on-lot or private water system with the system
supplied by the public water system.
A.
All persons owning any building required to be connected to the public water system shall, upon receiving notice from the Township as provided in § 444-3, Subsection B, promptly make application to the Township for connection to the system on such form and providing such information as the Township shall prescribe.
B.
Each person making application for public water service shall pay
a connection fee for each building required to be connected. Applicants
shall be classified as residential, public buildings and churches;
commercial; or industrial as specified in Customer Classification
Guidelines of The York Water Company from time to time in effect.
C.
The connection fees hereby imposed and payable to the Township shall
be as follows:
(1)
If application for connection shall be made on or before December
31, 1991, the fees payable shall be:
[Amended 8-8-1990 by Ord.
No. 1990-01]
(a)
Residential, public buildings and churches: $1,900.
(2)
If application for connection shall be made on or after January 1, 1992, there shall be added to each of the fees stated in Subsection C(1) of this § 444-5 an additional fee of $25 for each fiscal year or part thereof which shall have expired after January 1, 1992. As used in this subsection, "fiscal year" shall mean a period commencing January 1 and ending December 31.
[Amended 8-8-1990 by Ord.
No. 1990-01]
There is hereby imposed upon the owners of all properties served
by the public water system the following basic service charges and
surcharges:
The water service charges set forth in § 444-6 shall be billed and collected monthly by The York Water Company as agent for the Township. The bills shall separately state the base rate charges and the surcharges. The bills will be mailed or delivered to the address of the property served or, if prior arrangements have been made with The York Water Company, to the address of the property owner if different from the address of the property being served, or to the occupant of the property being served. All bills shall be due when rendered, and the owner and occupant shall be jointly and severally liable for the payment of the same at such place or places as may be from time to time specified.
[Amended 10-2-1991 by Ord. No. 1991-05]
The connection fee imposed by § 444-5 of this article and each water service charge and surcharge imposed by § 444-6 of this article, shall be a debt due to the Township and shall be a lien on the property served. If any such fee or charge remains unpaid for a period of six months from the date of notice to connect to the system or from the date of billing, in addition to any other remedies provided by this article or by law, the amount thereof, together with costs, shall be filed as a lien in the office of the Prothonotary of York County, Pennsylvania, in the manner provided by law for the filing and collection of municipal claims. In addition, if any water service charge or surcharge imposed by § 444-6 of this article remains unpaid, the Township, to the extent permitted by law, rule or regulation, may also discontinue or disconnect the water service. In such event, the cost of discontinuance or disconnection of service and its restoration or reconnection shall be a debt due the Township subject to collection as herein provided.
The Township, in its proposed Agreement with The York Water
Company and others, has designated the Company as its agent to do
and perform certain acts for the Township regarding the Lower Windsor
Township Water District. Wherever The York Water Company is so designated,
either expressly or by implication in the agreement or this article,
the said Company, after execution of the agreement, is hereby authorized
to act, subject to the terms and provisions of the agreement and this
article.
[Amended 9-12-1996 by Ord. No. 1996-03]
The provisions of this article shall be enforced by the Lower
Windsor Township Police Department and by the Lower Windsor Township
Building Permit Officer or other appropriate officer or officers of
Lower Windsor Township. The police officer or other enforcement officer
shall determine in each instance whether a violation of this article
has occurred. Upon determining that a violation has occurred, the
officer shall impose a civil penalty of $25 upon the violator. Notice
of the penalty assessment shall be served upon the violator by personal
delivery or by first-class mail and certified mail, return receipt
requested.
This article shall become effective five days after adoption.
[Added 1-13-1994 by Ord.
No. 1994-02]
A.
Water District No. 2 shall consist of a one-hundred-fifty-foot wide
strip on each side of and measured from the center line of East Prospect
Road from the point approximately 2,000 feet east of its intersection
with Bluestone and Barcroft Roads at the end of the existing Water
District, eastwardly to the boundary line between Lower Windsor Township
and East Prospect Borough.
B.
Connection to the water system in Water District No. 2 shall not be mandatory and §§ 444-3 and 444-4 of this article shall not be applicable to Water District No. 2. All persons owning property within Water District No. 2 shall have the right to connect voluntarily to the water system in accordance with the remaining rules, regulations and provisions of this article, including the payment of any fees required for connection and for service established therein.
D.
All provisions of this article shall be effective in Water District
No. 2, except as expressly modified herein.
