[HISTORY: Adopted by the Board of Supervisors of the Township
of Harborcreek as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-26-1990 by Ord. No. 90-141]
Unless the context specifically and clearly indicates otherwise,
the meaning of the terms used in this article shall be as follows:
The Harborcreek Township Water Authority.
Potable water used for such purposes as, but not necessarily
limited to, drinking, cooking, medicinal use, washing, bathing, swimming,
laundry or other recreational water use. Uses specifically excluded
include, but are not necessarily limited to, watering of lawns and
gardens, washing of cars or other vehicles, industrial uses, farm
irrigation and the watering of livestock.
Any property within the Township upon which there is erected
a structure or structures intended for continuous or periodic habitation,
occupancy or use, be it residential, commercial, industrial, agricultural,
or otherwise, for which the use or consumption of potable water is
required or desired.
Any person, individual, partnership, company, association,
corporation or other group or entity vested with ownership, legal
or equitable, sole or partial, of any property located within the
Township.
The water line located on the property of an abutting property
owner from the Township's or Authority's water distribution
line to the location of the water meter at the structure owned by
the abutting property owner.
Any public street, road, alley or other public right-of-way.
The Township of Harborcreek, Erie County, Pennsylvania.
A device installed by the Township or Authority in a structure
on the premises of an improved property for the purpose of measuring
the quantity of water supplied to the improved property.
The water supply, storage, pumping, and distribution systems
and appurtenances thereto constructed or acquired by the Township
or Authority, including all acquired lands, easements and rights-of-way
related to and necessary for the operation and maintenance of said
system.
The water supply systems to be constructed or acquired within
the Township by the Township or the Authority shall provide the exclusive
source of potable water for human use and consumption within the Township
or any part thereof, and owners of abutting improved properties shall
connect to and use such water supply system in the manner herein provided,
except that industrial and agricultural establishments which currently
own and operate an independent water supply may continue to use said
independent water supply for uses other than human consumption, but
such industrial and agricultural establishments shall connect to and
utilize the public water supply system as the exclusive source of
potable water for human use and consumption. It shall be unlawful
for the owner of an improved property in the Township which is required
or permitted to be connected to the water supply system in accordance
with the provisions of this article to use, construct, erect or maintain
or cause to be used, constructed, erected or maintained any type of
form of water system supplying potable water for human use and consumption
purposes.
A.
The owner of any improved property in the Township which abuts on
any street in which there has been constructed or acquired or hereinafter
is constructed or acquired a water supply system and the closest point
of the principal structure upon such improved property is located
within 300 feet of said street shall, at his or her own expense, connect
to such water supply system in accordance with the provisions of this
article within 90 days after the date of the official notification
to do so is given by the Township or Authority or their agents in
the appropriate manner as provided by law.
B.
The owner of any property in the Township upon which a structure
is erected such that the property would thus be considered to be an
improved property in accordance with the provisions of this article
which abuts on any street in which there has been constructed or acquired
or hereinafter is constructed or acquired a water supply system and
the closest point of the principal structure upon such improved property
is located within 300 feet of said street shall, at his or her own
expense, connect to such water supply system in accordance with the
provisions of this article within 90 days after the date of the official
notification to do so is given by the Township or Authority or their
agents in the appropriate manner as provided by law.
C.
The Township or the Authority may waive the mandatory connection
requirements as set forth herein if, in their opinion and judgment,
it is found that sufficient water quantity and/or pressure does not
exist to sufficiently supply potable water to those improved properties
required to connect to the system in accordance with the provisions
of this article.
D.
Nothing in this article shall be construed as a guarantee by the
Township or the Authority that any improved property connected to
the water supply system shall have sufficient water quantity and/or
water pressure at all times.
A water line connection fee shall be paid by the owner of each improved property required to connect to a public water supply system in accordance with §§ 458-2 and 458-3 of this article. The water line connection fee schedule shall be established by the Township or the Authority for any particular project or connection.
In the event that any owner of an improved property located within the Township and required to connect to a public water supply system in accordance with the provisions of § 458-3 of this article, other than those excepted in accordance with the provisions of § 458-2 of this article, shall neglect or refuse to connect to said public water system for a period of 90 days after official notification to do so is given by the Township or Authority or their agents in the appropriate manner as provided by law, the Township or Authority or their agents may enter upon such improved property and construct such connection. In such case, the Township or Authority or their agents shall forthwith, upon completion of such work, send an itemized bill of the costs associated with the construction of such connection to the owner of the improved property to which the connection has been made, which bill shall be payable forthwith, or the Township or Authority may authorize the payment of the cost of construction of such connection in equal monthly installments, to bear interest at a rate not exceeding 10% per annum in accordance with state law, for a period not to exceed one year. A penalty of 10% of the costs of construction will be added to the itemized bill to cover the administrative costs associated with the Township or Authority having to make such connection. If such owner neglects or refuses to pay such costs of construction, then the Township or Authority shall file a municipal lien for the costs of said construction, including penalties, within six months after the official notification to connect to the water system is given, as provided by law, or pursue any other legal or equitable remedy available to the Township or Authority to collect such costs. This section of this article is not intended to restrict or limit any legal or equitable remedy that the Township or Authority may have with respect to the failure of the owner of an improved property to connect to the public water supply system.
In the event that the Township or the Authority has the connection
constructed due to the owner's neglect or refusal to connect
to the public water supply system, the cost of construction of the
connection to the public water supply system shall include the cost
of construction of the service line on the improved property of the
abutting owner from the distribution line to a location within the
structure where the water meter is located including the cost of the
water meter and all necessary connections and equipment.
In the event that the Township or the Authority has the connection
constructed due to the owner's neglect or refusal to connect
to the public water supply system, the cost of construction of the
connection shall be payable to the Township or Authority at the location
designated by the Township or Authority either in whole within 60
days or in equal monthly installments with interest at the rate not
to exceed 10% per annum immediately following the official notification
to do so given by the Township or Authority or their agents. In case
of default in the payment of any installment and interest for a period
of 60 days after the same shall become due, the entire cost of construction
of the connection and accrued interest shall become due immediately,
and the Township or the Authority will initiate the appropriate legal
action to collect such payment under the general laws relating to
the collection of municipal claims.
Each owner of improved property required to connect to a water
supply system as stipulated in the provisions of this article shall
make application in writing to the Authority for water service. Such
application shall be in the form as designated by the Authority. No
water service shall be supplied to any property without written authorization
by the Authority to do so.
No person shall maliciously, willfully, or negligently break,
damage, destroy, deface, uncover or tamper with any structure, appurtenance
or equipment which is part of the municipal water supply system.
It shall be unlawful for the owner of an improved property in
the Township which is required or permitted to be connected to the
water supply system in accordance with the provisions of this article
to cross-connect, interconnect, or plumb together in any manner any
type or form of water system with the water supply system such that
water from such private source could infiltrate the water supply system.
The Township and Authority, having duly authorized employees
and agents, shall be permitted to enter upon all properties, bearing
proper credentials and identification, for the purpose of inspection,
observation, taking measurements, sampling and testing in accordance
with the provisions of this article.
The Township or the Authority are hereby authorized and empowered
to adopt such rules and regulations regarding the design, construction,
connection, operation and maintenance of the public water supply system
which may be deemed necessary from time to time to effect the purposes
herein. All such rules and regulations adopted by the Township or
the Authority shall be in conformance with the provisions herein,
all other ordinances enacted by the Township, all applicable laws,
and all applicable rules and regulations of the administrative agencies
of the Commonwealth of Pennsylvania.
A.
Any person who shall violate any provision of this article shall
be served by the Township or Authority or their agents with written
notice stating the nature of the violation and providing a reasonable
time limit for the satisfactory correction thereof. The offender shall,
within the period of time stated in such notice, permanently cease
all violations. Any person who shall continue any violation after
such notice shall be subject to a fine in an amount not less than
$50 and not exceeding $300 for each violation.
B.
All fines and penalties imposed for violation of any part of this
article shall be paid to the Township for the use of the Township.
Default in payment of the fine and costs shall make the defendant
liable to imprisonment for a term not to exceed 30 days.
C.
Any person violating any of the provisions of this article, in addition
to becoming liable for a fine and penalty, shall become liable to
the Township for any expense, loss, or damage occasioned the Township
or the Authority by reason of such violation.
D.
Each and every sixty-day period during which a violation of the provisions
of this article exists or continues shall be deemed to be a separate
punishable offense.
All ordinances or resolutions or parts of ordinances or resolutions,
insofar as they are inconsistent herein with, be and the same are
hereby repealed.
If any provision, sentence, clause, section or part of this
article is for any reason found to be 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 Board of Supervisors of Harborcreek
Township that this article would have been adopted had such unconstitutional,
illegal or invalid provision, sentence, clause, section or part thereof
not been included therein.
This article shall be come effective upon its adoption.
