As used in this article, the following terms shall have the
meanings indicated:
BOROUGH
The Borough of Mount Holly Springs, Cumberland County, Pennsylvania,
acting by and through its Council or, in appropriate cases, acting
by and through its authorized representative. The word "Authority"
as used herein means the Mount Holly Springs Borough Authority, a
Pennsylvania municipality authority.
CUSTOMER
The party, whether owner or tenant, utilizing water service
furnished by the Borough to a property as hereinafter classified.
Customers of the Pine Road system are included within these classifications
as well as customers of the Borough system.
A.
A building under one roof and occupied by one family or business.
B.
A combination of buildings in one common enclosure, occupied
by one family or business.
C.
One side of a double house having a solid vertical partition
wall, occupied by one family or business.
D.
One side or part of a house occupied by one family or business,
even though the plumbing fixtures are used in common.
E.
Each apartment in a building having more than one apartment.
F.
Each apartment, office or business in a building having a number
of apartments and/or offices and businesses.
G.
Each trailer occupied by one family or business.
A written application for a water service connection shall be
made to the Borough on official forms provided by the Borough by all
property owners who desire to connect their properties to the water
system. The application for a water service connection must be completely
filled out and must describe the size location and usage of the structure
for which water service is requested.
All service connections shall be made by the Borough. The service
connection will include the connection to the water main, and the
service line to and including the curb stop and box, which will be
placed inside the curbline. All service connections shall be maintained
by, and are the property of, the Borough. The Borough reserves the
right to determine the size and kind of service connection to be furnished.
If the property owner desires a larger size service connection than
is deemed necessary by the Borough, he shall pay the additional cost
which shall be determined at the time the connection is made.
The "property service" is defined as the service line from the
curb box to the structure for which the service is provided. The property
service shall be installed and maintained by, and at the expense of,
the property owner, and shall conform in all respects to the kind
and size of line installed as the service connection. It shall be
laid in a straight line insofar as is practicable and shall be provided
with a minimum of four feet of cover. No property service shall be
laid in the same trench with gas pipe, drain or sewer pipe, nor within
three-feet of any open excavation or vault.
A. A separate property service shall be required for each individual
building or house, whether constructed as a detached unit or as one
of a pair or row, but a single property service shall be permitted
to serve a school, factory and apartment house or other permanent
multiple unit structure whose individual apartments or units may not
be subject to separate ownership.
B. In addition, whenever a new waterline is to be installed by the Borough
and/or Borough Authority, it shall be the responsibility of the property
owner, who is to be connected to the new line, to make certain that
he is in full compliance with the requirement that a separate property
service (service line from the curb box to the structure for which
service is provided) is provided for each individual building. If
the property owner does not have a separate property service, he shall
notify the Borough Office of such. The property owner must immediately
(within 30 days of his actual knowledge of the condition or actual
notice or notice from the Borough and/or Borough Authority) install
a separate property service at the property owner's expense. If he
fails to do so, the Borough and/or Borough Authority shall do so at
the expense of the property owner at the time of the waterline installation
project.
[Added 7-8-1991 by Ord.
No. 1991-04]
Every property service must be inspected and approved by the
Borough representative before the trench is backfilled.
A. All connections, service lines and fixtures furnished by the customer
shall be maintained by him in good order, and all valves and appliances
furnished and owned by the Borough and on the property of the customer
shall be properly protected and cared for by said customer. All leaks
in the service line or any other pipe or fixture in or upon the premises
supplied must be repaired immediately by the owner or occupant of
the premises.
B. In addition, whenever the Borough and/or Borough Authority is installing
a new waterline to which a property is to be connected, the property
owner shall make certain that the property service is maintained in
good and proper order and if it is not, the Borough and/or Borough
Authority shall have the authority to remove such property service,
install a new one, and/or make any necessary repairs, all at the cost
and expense of the property owner as part of any waterline installation.
Further, if the property service line is wooden and/or lead, it shall
be removed and replaced immediately. The Borough and/or Borough Authority
shall have the authority to remove and replace such services, all
at the cost and expense of the property owner, as part of the waterline
installation.
[Added 7-8-1991 by Ord.
No. 1991-04]
As necessity may arise in case of breakdown, emergency, or for
any other unavoidable cause, the Borough shall have the right to cut
off the water supply temporarily, in order to make necessary repairs,
connection, etc; but the Borough shall use all reasonable and practical
measures to notify the customer of such discontinuancy of service.
In such case the Borough will not be liable for any damage or inconvenience
suffered by the customer; or any claim against it at any time for
interruption in service, lessening of the supply, inadequate pressure,
poor quality of water, or for any causes beyond its control.
The Borough shall have the right to reserve a sufficient supply
of water at all times in its storage facilities to provide for fire
and other emergencies, or it may restrict or regulate the quantity
of water used by any customer in case of scarcity, or whenever the
public welfare may require it.
An application for water service on the proper official form
must be submitted for approval by the Borough upon any change in ownership
of property when the owner is the customer, or any tenancy where the
tenant is the customer, or in the service, as described in the application,
and the Borough shall have the right upon five days' notice to discontinue
the water supply until such new application has been made and approved.
All agreements covering service for water supply shall continue
in force unless and until reasonable notice in writing is given of
a desire to terminate the contract. Water will be turned off from
any premises upon the written request of the applicant without in
any way affecting the existing agreements for service.
Service may be discontinued by the Borough for any of the following
reasons:
A. For the use of water for any other property or purpose than that
described in the application.
B. For willful waste of water through improper or imperfect pipes, fixtures
or otherwise.
C. For molesting any service pipe, curb stop-cock or seal, or any other
appliance of the Borough.
D. In case of vacancy of premises.
E. For neglecting to make or renew deposits or for nonpayment of any
charge accruing under the application.
F. For refusal of reasonable access to property for the purpose of inspecting.
G. For making, or refusing to sever, any cross-connection between a
pipe or fixture carrying water furnished by the Borough, and a pipe
or fixture carrying water from any other source.
H. For nonpayment of sewer rental or water charges.
I. For violation of any rules of the Borough.
[Amended 12-10-1984 by Ord. No. 1984-03]
A. No person shall tamper with any equipment, meters or pipes or any
other devices which is part of the water system and no person shall
turn on or turn off any water supply which is part of the water system
without consent of the Borough. Any person violating the provisions
of this section shall be subject to a fine, upon conviction, of $300
and in default thereof, undergo imprisonment.
B. All increased rates, fees, charges, interest, or penalties provided
for in this ordinance shall be retroactive to November 1, 1984.
The customer shall not turn the water on or off at any corporation
stop or curb stop without the consent of the Borough.
The Borough shall have no liability to furnish complete water
service at Borough expense to any contemplated new housing development,
nor to any isolated building or buildings inside or outside the Borough
boundary.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All persons are forbidden to open any fire hydrant or to use
any water therefrom for sprinkling streets, for building, or any purpose
without permission in writing from the Borough, under the penalty
prescribed by law, except in case of fire, and by Fire Companies to
test the hydrants. Such tests shall be made directly under the supervision
of an authorized agent of the Borough. The Authority's rates and charges
are amended to provide, with respect to annual fire hydrant service
rates applicable to each public hydrant located inside the Borough,
as follows: fire hydrants, each, $200.
In those cases where a building developer, or business desires
water service to be furnished to his property, the property owner
may elect to furnish such service at his own expense. Should the property
owner elect to provide such complete service at his own expense, he
may do so upon meeting all conditions as set forth in these rules
and regulations. Plot plans for such proposed construction must be
submitted to the Borough for approval prior to any construction. Water
plans conforming to all original specifications established by the
Borough, as to type of pipe, location of mains, size of pipe, grades,
methods of laying pipe and the type and construction of all necessary
appurtenances must be prepared by a Registered Professional Engineer
and approval obtained from the necessary State agencies. The engineering
fees and charges for permits will be paid by the property owner. In
no case will lesser standards than exist in the presently constructed
water systems and as outlined in these rules and regulations be permitted
for any future extensions. Upon approval of such plans by the Borough,
the extensions may be constructed by and at the expense of the property
owner, but only under the inspection of an inspector designated by
the Borough and/or its Engineer. The cost of such inspection, including
salaries and expenses shall be borne by the property owner making
the extensions.
In such cases where extension to the water system is constructed
by a property owner at his expense, as outlined in these rules and
regulations, the property owner constructing said extension shall
be paid a fee by any parties desirous to tap onto that portion of
the extension to the water system paid for by the owner for a period
of five years after said extension to the water system has been constructed.
The fee shall be determined by the Borough and/or Authority and shall
in no way limit the right of the Borough to charge an additional amount
for said connections.
A. The Borough
by its duly authorized agents shall have the right of access at all
reasonable hours to all parts of any premises connected with the water
systems for the purpose of examining and inspecting the connections
and fixtures, or for disconnecting service or for any proper cause.
B. If and
when any customer's water meter reading drops more than 50% in usage
over one quarterly billing period, the Borough or its designated agent
shall have the right and take the initiative to view and inspect that
meter to ensure that it is operating properly if reasonable explanation
cannot be provided by the owner or occupant that the meter services.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person or persons who desire an exception to be made, an
interpretation to be given, or action to be permitted not specifically
governed by these rules and regulations shall present their case in
writing to the Borough. In such an event, the decision of the Borough
must be considered final.
The Borough reserves the right to change or amend, from time
to time, these rules and regulations in accordance with law. No officer
or employee of the Borough can vary these rules without action of
Borough Council, and the Borough may not be bound by an agent or employee's
act or representation excepting when authorization in writing has
been given to so do by an executive officer of Borough Council.
[Amended 7-11-1988 by Ord. No. 1988-03]
A separate meter is hereby required for each and every customer and property classification as defined in §
487-7 and other provisions of these rules and regulations. in certain cases, the Borough may make an exception to the requirement of a separate meter, if separate meters cannot feasibly be placed in units where common plumbing fixtures exist. Such an exception will not, however, relieve the separate families or business from being each classified as a different customer account.
[Amended 7-11-1988 by Ord. No. 1988-03]
All meters shall be furnished and installed by the Borough and
shall remain the property of the Borough. The costs of the meter and
meter installation shall be the responsibility of the property owner
and shall be paid within six months of the date of billing. The Borough
shall have access to the customer's premises for the purpose of installation
of the meter and shall have access to the meters at all reasonable
times and all meters shall be subject to the Borough's control.
The meter shall be set after the customer has had the plumbing
arranged to receive the meter at a convenient point approved by the
Borough so as to control the entire supply. The customer will provide
a proper place for the meter so that it is suitably protected at all
times.
[Amended 7-11-1988 by Ord. No. 1988-03]
A suitable valve shall be placed by the Borough on the service
line directly in front of the meter and a suitable valve on the outlet
side of the meter. A suitable check valve should be placed by the
Borough between the stop and waste-cock or valve and meter. When a
check valve is installed a safety valve should be inserted by the
customer at some convenient point on the house piping to relieve excess
pressure due to heating water.
The charge for the reinstallation or changing of the meter when
removed because of damage in any way due to the negligence of the
customer shall be made to the customer's expense, which cost shall
be billed to the customer and paid within 10 days of said billing.
A. The quantity recorded by the meter shall be conclusive on both the
customer and the Borough, except when the meter has been found to
be registering inaccurately or has ceased to register. In such case,
the quantity may be determined by the average registration of the
meter when in order.
B. The customer shall immediately notify the Borough of injury to or
the nonworking of the meter, as soon as it comes to his knowledge.
C. In case of disputed account involving the accuracy of a meter, such
meter will be tested upon the written request of the customer. In
the event that the meter so tested is found to have an error in registration
of 4% or more, the bills will be increased or decreased accordingly,
as provided by the aforesaid rules.
D. If upon testing, the meter shall be found to be within the limit
of a 4% error in registration, the cost of testing the meter will
be in the same amounts as specified for reinstallation of meters and
noted in these rules.