[HISTORY: Adopted by the Board of Supervisors of Caernarvon Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-5-1968 by Ord. No. 26]
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
AUTHORITY
The Caernarvon Township Authority, a municipality authority organized and existing under provisions of the Pennsylvania Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended and supplemented.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
CONSUMER
A person who, prior to, upon or after the effective date hereof, has contracted or contracts for and/or is receiving or shall receive water service for each consumer unit, with respect to the water system.
CONSUMER UNIT
A. 
A building under one roof and occupied by one family or business; or
B. 
A combination of buildings in one enclosure or group and occupied by one family or business; or
C. 
One side of a double building or house having a solid vertical partition wall; or
D. 
Each room or group of rooms in a building occupied or intended for occupancy as a separate business or as separate living quarters by a family or other group of persons living together or by a person living alone; or
E. 
Each apartment, office or suite of offices in a building or house having several such apartments, offices or suites of offices and using in common one or more hallways and one or more means of entrance; or
F. 
Any trailer occupied by one family or business; or
G. 
Any other unit or category listed in the schedule of rates set forth in § 478-2.
INDUSTRIAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure used or intended for use in the operation of one business enterprise for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article pursuant to which water is required in the operation of such business.
OWNER
Any person having an interest, whether legal or equitable, sole or partial, in any property.
PERSON
Any individual, firm, partnership, company, association, society, corporation, trust, governmental body or an agency, department or political subdivision thereof or any other group or entity.
PROPERTY
Any building, group of buildings or land upon which buildings are to be constructed which is or may be served by the Township.
TOWNSHIP
Caernarvon Township, Berks County, Pennsylvania, a municipal subdivision, acting by and through its Board of Supervisors or, in appropriate cases, by and through its authorized representatives.
WATER SYSTEM
The water distribution facilities, including all related facilities to be constructed, installed or acquired by or for the Authority, including all property, real, personal and mixed, rights, powers, licenses, easements, rights-of-way, privileges, franchises and other property or interest in property of whatsoever nature used or useful in connection with such facilities, and together with all additions, extensions, alterations, improvements and betterments thereof or thereto which may be made, installed or acquired from time to time, by or for the Authority and which shall be leased by the Authority to the Township for operation and use pursuant to an agreement of lease, to be dated as of July 1, 1968, by and between the Authority and the Township, and any supplements and/or amendments thereto.
The following water rates, rents and charges are fixed, adopted, established and imposed upon each consumer served or to be served by the water system, for use thereof, which water rates, rents and charges shall become effective upon the effective date of this article, or on the date the water system is leased to the Township, whichever is later, and shall be payable as provided herein, in accordance with the following schedule of rates and classifications:
A. 
Schedule of general flat rates.
Category
Charge per Quarter Annum
Each residential consumer unit
$18
Each bank
$18
Each barbershop
$18
The Caernarvon Road Board
$40
Each cemetery
$18
Each church
$18
Each doctor's office
$18
Each feed mill
$18
Each fire company
$18
Each garage
$30
Each hotel
$4 per room
Each knitting mill
$18
Each laundromat
$300
Each library
$18
Each lodge
$18
Each lumberyard
$18
Each motel
$4 per room
The Pennsylvania Turnpike
$18
Each post office
$18
Each restaurant
$40
Each school
$120
Each stable
$30
Each store
$18
The Town Hall
$18
Each trailer
$18
Each industrial establishment
$700
B. 
Private fire protection service.
Size of Connection
Flat Rate Charge per Quarter Annum
2-inch
$5
3-inch
$10
4-inch
$15
6-inch
$20
C. 
Building construction purposes. The flat rate charge for building construction purposes shall be $15 per quarter annum per unit of construction, payable upon application to the Township for water service, and shall cover service until the particular unit of construction is completed.
D. 
Cutoff and turn-on charge.
(1) 
Cutoff: $5.
(2) 
Turn-on: $5.
E. 
Multiple consumer units. Where more than one consumer unit is located in one building, house or other structure owned by one consumer and such building, house or other structure, at the discretion of this Township, is served by one service connection, multiple charges per quarter annum shall be imposed upon such consumer for each consumer unit located in such building, house or other structure. If such building, house or other structure shall not be metered, such multiple charge per quarter annum shall be computed by applying the schedule of general flat rates established under Subsection A of this § 478-2 to each consumer unit so served. If such building, house or other structure shall be metered, the multiple charge per quarter annum shall be computed in the following manner: 1) the total consumption of water through such common water meter shall be divided by the number of consumer units served thereby; 2) the schedule of meter rates as from time to time hereafter may be established by the Township for computing water rates, rents and charges shall be applied to the resultant quotient; and 3) the resultant pro rata rental and charge for each consumer unit shall be multiplied by the number of such consumer units receiving water service through such common water meter to arrive at the total bill for all such consumer units served through the common meter; provided, however, that there shall be charged any minimum rate, rental and charge as from time to time hereafter may be established by the Township per quarter annum for each consumer unit computed on the same basis as if each consumer unit was served by a separate water meter.
[Added by Ord. No. 31; amended 12-3-1976 by Ord. No. 46; 10-6-1978 by Ord. No. 54]
A. 
Minimum charges.
Meter Size
Per Quarter
5/8-inch
$20
3/4-inch
$20
1-inch
$20
1 1/4-inch
$22
1 1/2-inch
$24
2-inch
$35
3-inch
$45
4-inch
$65
6-inch
$100
B. 
Meter rates.
(1) 
First 5,000 gallons per quarter: minimum charge.
(2) 
Over 5,000 gallons per quarter: $1.20/1,000 gallons.
A. 
Bills for consumer units shall be rendered for water service supplied on the first days of January, April, July and October of each year, commencing October 1, 1968, or as soon after the first day of each of said months as is possible, and shall represent the amount due for water service rendered during the preceding three calendar months; provided, however, that the bill rendered on or soon after October 1, 1968, shall be the amount due for water service rendered since the previous billing rendered by the predecessor owner of the water system.
B. 
All bills for consumer units for water service and all bills for private fire protection service and building construction purposes shall constitute the net bill and shall be due and payable as of the date thereof. If any such net bill for water service shall not be paid within 30 calendar days after the same shall become due and payable, such net bill shall be deemed delinquent and a penalty of 5% shall be added to such net bill, which net bill, plus such penalty, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such thirty-day period, as above set forth, shall constitute payment within such period. If the end of such thirty-day period shall fall on a legal holiday or a Sunday, payment made or mailed and postmarked on the next succeeding business day which is not a legal holiday shall constitute payment within such thirty-day period.
C. 
If a bill for a consumer unit or a bill for private fire protection service or for building construction purposes shall be delinquent for a period of five days or more, water service may be discontinued by this Township upon five days' written notice to the consumer whose bill is delinquent, in which case water service will not be restored until the gross bill, together with any turnoff and/or turn-on charge in effect at the time, shall have been paid.
D. 
Whenever water service to any consumer unit shall begin after the first day or shall terminate before the last day of any quarter annum period, the water rates, rents and charges for such period shall be prorated equitably for that portion of the quarter annum period during which service was provided. Likewise, when any consumer unit shall be converted from a flat rate basis for billing to a metered rate basis for billing as a result of installation of a meter, the water rates, rents and charges for the quarter annum period then in progress shall be adjusted equitably for such consumer unit.
E. 
Each bill for a consumer unit for water service shall be made out in the name of the consumer. Each consumer initially shall provide this Township with, and thereafter shall keep this Township advised of, his correct address. Failure to receive a bill for water service shall not be considered an excuse for nonpayment, nor shall such failure result in an extension of the period of time during which such bill shall be payable without penalty.
F. 
A consumer desiring abatement of a water bill due to a vacancy shall give notice in writing to this Township requesting water service to be shut off. All vacancies shall date from the day the required notice is received by this Township or from the date specified in the notice requesting water service to be shut off, whichever is later. Allowance shall be made for the period of vacancy in computing the bill of the consumer; provided, however, that no abatement shall be made for a period of less than three months.
Proper officers of this Township are authorized and directed to do all things and to take all legal action necessary, including the filing of municipal claims in accordance with law, to enforce collection of water rates, rents and charges established and imposed hereby and otherwise to carry out provisions hereof.
A. 
This Township, from time to time, in accordance with law, by appropriate ordinance or resolution, may adopt such additional rules and regulations as, in the opinion of the Board of Supervisors of this Township, may be desirable, beneficial or necessary for or in connection with use and operation of the water system and which shall govern and control the distribution and supply of water by this Township to consumers.
B. 
Any such rules and regulations shall be construed in conjunction with provisions hereof and shall become effective upon the date fixed by this Township upon adoption thereof.
In the event any provision, section, sentence, clause or part of this article shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this article, it being the intent of this Township that such remainder shall be and shall remain in full force and effect.
It is declared that enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Township.
All ordinances or parts of ordinances expressly inconsistent herewith expressly are repealed.
[Adopted 2-9-2021 by Ord. No. 301]
The purpose of this article is to provide for the safe, proper, and correct means by which improved properties connect to the available municipal water system in the Township, and for the confirmation of responsibility for any applicable service fees and charges related thereto, assuring adherence to procedures, rules and regulations duly established by the Authority and by law with respect to connection to the Authority water system and disconnection of other water supply sources, as well as the implementation of penalties for noncompliance.
This article shall hereinafter be referred to as the "Caernarvon Township Public Water Connection Ordinance," shall supersede Ordinance No. 59 in its entirety and shall be added to the Code of Caernarvon Township in accordance with the codification and numbering system adopted by the Township.
For the purpose of this article, the following terms, phrases, and words shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural include the singular and the singular includes the plural. The word "shall" is always mandatory and not merely directory.
AUTHORITY or WATER AUTHORITY
The Caernarvon Township Authority, a municipal authority created by the Township and which supplies municipal water to properties throughout the Township and in portions of adjoining municipalities.
IMPROVED PROPERTY
Any property located within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings.
PUBLIC WATER SYSTEM
All facilities of the Authority used for providing, transporting and supplying water for human use and consumption situate in or adjacent to the Township.
A. 
An improved property shall connect to the public water system if any part of the improved property is within 150 feet of the public water system of the Authority, or any part or extension thereof, except as provided in § 478-14B below.
B. 
An improved property used as a residence prior to the passage of this article shall have the option but not the duty to connect to the public water system. Connection to the public water system of any improved property used as a residence prior to the passage of this article shall only be required if:
(1) 
The principal building on the improved property has no supply of water which is safe for human consumption; or
(2) 
The improved property requires fire service (e.g., sprinklers) from the Authority.
A. 
The notice by this Township to make a connection to public water system referred to herein shall consist of a copy of this article or a summary thereof, including any amendments and/or supplements at the time in effect, 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 120 days from the date such notice is given. Such notice may be given at any time i) following installation of a water main which can supply water to the particular improved property; or ii) erection or construction of improvements on a parcel such that a previously unimproved parcel becomes an improved property for purposes of this article. Such notice shall be served upon the owner by either personal in-hand delivery or by certified U.S. Mail, postage prepaid.
B. 
Connections shall be made according to the rules of the Authority, which shall be adopted by resolution of the Authority. Connections include the payment of any applicable tapping fees, as determined by the Authority from time to time. Connections shall be subject to inspection by the Authority, and meters, valves, backflow preventers and other water supply devices shall be subject to inspection by Authority personnel during normal business hours or at other times in the event of water supply emergencies.
Unless otherwise exempted from the duty to connect by § 478-14B, no property owner, tenant, occupant, agent or other person within 150 feet from the public water system shall make use of wells, well water, springs, or other sources of water, whether groundwater or surface water, for any purpose. Upon connection to the public water system as required or permitted herein, owners of improved property within 150 feet from the public water system shall immediately disconnect any well, spring or any other alternate water source. Such disconnection shall be subject to inspection by the Authority, and shall conform to the rules of the Authority and to public water system regulations promulgated by the Pennsylvania Department of Environmental Protection. Thereafter, it shall be unlawful for such property owner to reconnect, install or otherwise make use of a well, spring or other alternate water supply source.
A property owner shall be permitted to maintain a second supply of water upon an improved property provided that the owner submits written proof satisfactory to the Township that the improved property is:
A. 
A farm with an alternative water source for purposes of irrigation and other agricultural water uses; or
B. 
An industry using water for cooling or other industrial processes, except that domestic water supply for human consumption in either case shall not be exempt and shall be subject to the mandatory connection provisions set forth herein.
Notwithstanding that a particular improved property may otherwise fall within one of the exceptions listed at § 478-17 above, if an improved property receives water from the Authority for fire protection, all domestic services on such improved property shall be connected to the Authority water system, with all alternate sources of supply to be disconnected in accordance with the provisions set forth herein.
A. 
Failure to connect. In case any owner or property required to connect to the Authority water system shall neglect or refuse to connect with and use said public water system for a period of 120 days or more after written notice to do so has been served upon him either by personal service or certified U.S. mail, the Township may enforce this article affirmatively as set forth at Subsection C hereof or may impose penalties and fines under Subsection D hereof.
B. 
Failure to disconnect alternate water source. In every instance in which an owner of an improved property is required to connect to the public water system, said owner must disconnect any alternate water supply source, other than public water, unless said water use is exempt under § 478-17 herein (as modified by § 478-18), within a period of 120 days from the date notice to do so has been served upon him. Failure to do so shall constitute a violation of this article, and shall subject owner to fines and penalties as set forth herein.
C. 
Affirmative relief. The Township or its agents may enter upon an improved property which is required to connect to the public water system and which fails to do so to construct such connection. In such case, the Township Secretary or other authorized person on behalf of the Township shall, forthwith upon completion of the work, send an itemized bill of the costs of construction of such connection to the owner of the property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such property to pay said bill, a municipal lien for said construction shall be filed within six months of the date of completion of the construction of said connection, the same to be subject in all respects to the general law providing for the filing and recovery of municipal liens.
D. 
Fines/penalties.
(1) 
Summary offense. Any owner who violates or permits a violation of this article shall, upon being found in violation in an enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $1,000 for each violation, plus all court costs, including reasonable attorneys' fees incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
(2) 
Civil enforcement. The Board of Supervisors may administratively impose a fine or penalty for the violation of this article. In the event the fine or penalty is not voluntarily paid to the Township, the Board of Supervisors shall initiate a civil enforcement action before a Magisterial District Judge by complaint or other means as may be provided by the Pennsylvania Rules of Civil Procedure. A violator may be subject to a civil penalty not to exceed $600 per violation, plus all court costs, including reasonable attorneys' fees incurred by the Township in the enforcement of this article.
(3) 
Enforcement in equity. Further, the appropriate officers or agents of the Township, which may be the Authority if so designated, are hereby authorized to issue a cease-and-desist notice and/or to seek equitable relief, including injunctive relief, in a court of competent jurisdiction to enforce compliance herewith. No bond will be required if injunctive relief is sought by the Township or the Authority. A person who violates this article shall also be responsible for reasonable attorneys' fees and engineering fees, expert fees and court costs associated with enforcement and incurred by the Township, or by the Authority if so appointed as agent of the Township for enforcement hereof.
(4) 
Separate offenses. Each day a violation exists shall constitute a separate violation for purposes of calculating the maximum possible fine which may be imposed.
(5) 
Land development approval and permits. The Township may withhold the issuance of land development plan approval, occupancy permits and all other permits (including, but not limited to, building permits) for failure to comply with this article, or may cancel, rescind or nullify approvals given or permits issued in reliance upon future compliance with this article if a property owner fails to comply with any mandatory connection requirements imposed by the Township.
If any provision of this article of the application thereof to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provision will remain in effect to the extent permitted by law.
Any Township ordinance which is inconsistent herewith is hereby repealed to the extent of any such inconsistency.
This article shall take effect five days after passage. Upon the effective date of this article, Ordinance No. 59, dated June 1, 1979, shall be superseded and repealed under the provisions of § 478-21 above.