This article shall be known as the "Fermanagh Township Mandatory Connection Ordinance for Public Water Services."
[HISTORY: Adopted by the Board of Supervisors of the Township of Fermanagh as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-9-2023 by Ord. No. 1-2023]
The purpose of this article is to insure that public water is maintained and is available throughout the Township where possible from the Authority, establish a correct means for determining what properties shall be connected to public water and for the establishment of applicable service fees and charges related thereto as well as the implementation of penalties for noncompliance. It is declared that enactment of this article is necessary for the protection, benefit, and preservation of the health, safety and welfare of the inhabitants of the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Unless the context specifically and clearly indicated otherwise, the meaning of terms and phrases used in this article shall be as follows:
Agricultural operation is an enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products, poultry and poultry products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquaculture crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products, poultry, poultry products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry. Agricultural operation does not include any dwelling or structure intended for continuous or periodic habitation, occupancy or use by human beings which may be part of the same real property being utilized for agricultural operation.
The Mifflintown Municipal Authority, as incorporated under the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
Any property located within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by humans beings or animals and from which the use or consumption of public water is desired or necessary. Industrial property does not include an agricultural operation as defined herein.
Any improved property located in the Township used wholly or in part for the manufacturing, processing, cleaning, laundering assembly of any product, commodity or article, or any other improved property located in the Township for which arises the necessity for occupancy and/or use of public water or consumption of public water is desired or necessary. Industrial establishment does not include an agricultural operation as defined herein.
That part of the public water distribution system extending from a water main to the curb box or, or at such place at which is provided for connection of public water for any building or structure.
Any person vested with ownership, legal or equitable, sole or partial, of any improved property and/or industrial establishment.
Any individual, partnership, company, association, society, corporation, or other group or entity.
Any constructed or existing house, building or any other similar place at which the use of public water is either necessary or generally desired for its occupancy, or use of the property.
The Township of Fermanagh, Juniata County, Pennsylvania, acting by and through its Board of Supervisors, or, in appropriate cases, by and through its authorized representatives.
A pipe or other similar structure that is used in the transmission of public water that is available for connection by a lateral to provide public water to any structure.
All facilities, as of any particular time, for distribution, transporting, pumping, treating or otherwise used in the process of providing public water, wherever situate, acquired, owned, maintained and operated by the Authority, now or in the future for the purposes of providing public water.
A.
The owner of any improved property located in the Township at the time of passage of this article whose public water source is provided by the Authority, may not under any circumstances, disconnect from public water being so provided and must maintain such connection, in such manner as the Township and the Authority may require.
B.
The owner of any improved property located in the Township, whose water source is on lot, i.e. a well or source other than public, is hereby prohibited from installing or constructing any future on lot water system when the structure on the improved property is within 150 feet from the Authority's water main as defined herein, and the owner must connect such improved property to the Authority's water system, in such manner as the Township and the Authority may require.
C.
The owner of any real property located in the Township intending to construct and/or improve the property to the extent that such improvements will result in an improved property and/or an "industrial establishment" as defined in this article, must first ascertain the availability of public water as provided by the Authority and, in the event the real property to be improved contains a structure that is within 150 feet from the Authority's water system as defined herein, the owner must connect such improved property to the Authority's water system, in such manner as the Township and the Authority may require.
D.
The owner of any real property located in the Township intending to construct and/or improve the property to the extent that such improvements will result in an improved property and/or an "industrial establishment" as defined in this article; dependent upon the availability of a nonpublic water source; the nature of the business to be conducted; and/or the demand, necessity or anticipated consumption of water thereby necessary to conduct such business or otherwise necessary for fire protection or the general health and welfare of the citizens of the Township of Fermanagh, the Township reserves the right to require the use of public water when the distance to the anticipated structure is greater than 150 feet from the Authority's water system provided the same is approved by the Authority.
E.
The Industrial Development Corporation (IDC) known as Juniata Business and Industry (hereinafter JBI) is recognized by the Township and the Commonwealth of Pennsylvania as an Industrial Development Corporation. It is subject to this Chapter 168, Article I, Mandatory Connections, of the Code of the Township of Fermanaugh. This article shall in no manner or form operate as a repeal of Ordinance No. 2-2017[1] and shall only operate as an amendment thereto to expand the application of the aforesaid sections pertaining to an industrial establishment to apply to all real property in the Township which now or in the future is an industrial improved property as defined in this article and that the enforcement provisions and installation requirements of any connection to the Authority apply universally to all real estate situate in the Township.
F.
Notice by the Township to an owner required by this article to make a connection to public water, may be provided either by the Township or the Authority and shall consist of a copy of this article, including any amendments at the time in effect, or a brief summary of each section thereof, and a written or printed document requiring such connection in accordance with the revisions of this article and specifying that such connection shall be made within 60 days from the date such notice is given. Such notice shall be served upon the owner either by personal service or by registered mail or such other method as at the time may be provided by law.
A.
No person shall uncover, connect with, make any opening into or use, alter or disturb, in any manner, the property of the Authority without first making application for and securing a permit in writing, from the Authority.
B.
The fee schedule and procedures of the Authority for a connection to their public water services are hereby adopted as necessary, fair and reasonable and, all applicable fees associated with the permit for water services from the Authority must be paid in full prior to any connection to its services being made or the issuance of the permit in accordance with the process and procedures of the Authority. Furthermore, the Authority is hereby granted autonomy to modify, and amend its fees and/or costs associated with connection and its providing of public water as permitted by law and the same shall be enforceable against any property owner of any real property in the Township who is connecting or is connected to the Authority's water system.
C.
Each improved property and/or industrial establishment, required by this article to be connected to the Authority's water service shall be connected separately and independently. Grouping of more than one improved property and/or industrial establishment on one connection/lateral shall not be permitted, except under special circumstances for good cause shown, and then only after special permission has been secured, in writing, from the Authority.
D.
All costs and expenses of construction and all costs and expenses of connection to the Authority's water system of and by an owner of owner's property shall be borne by the owner of the improved property and/or industrial establishment to be connected; and such owner shall indemnify and save harmless the Township and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of any lateral or of any connection being made, made or used by the owner to the Authority's water system.
E.
Any connection to the Authority's water system shall be connected only at the place designated and approved by the Authority and pursuant to the Authority's standards, procedures, rules and regulations.
F.
If the owner of any improved property and/or industrial establishment located in the Township who is required by this article to connect to the Authority's water system, after 60 days' notice from the Township, in accordance with § 168-4F, shall fail to connect such property, as required, the Township and/or the Authority may make such connection and may collect from such owner the costs and expenses thereof. In such case, the Township shall forthwith, upon completion of the work, send an itemized bill of cost of the construction of such connection to the owner of the property to which connection has been so made, which bill shall be payable forthwith and if not paid within 30 days accrue interest at the rate of 6%, per annum. In case of neglect or refusal by the owner of such improved property to pay said bill, the Township shall file a municipal lien for said construction within six months of the date of the completion of the construction of the construction of said connection, the same to be subject in all respect to the general law providing for the filing and recovery of municipal liens.
A.
Any connection required by this article shall be made, installed and constructed with such materials and in such a manner pursuant to the specifications promulgated by the Authority required for such connection.
B.
No lateral service line installed for service required by this article shall be covered until it has been inspected and approved by the Authority. If any part of a service line or lateral is covered before being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the property to be connected.
C.
The owner of any property serviced by the Authority's water system shall be responsible for maintenance of any service line/lateral that services the owner's property from the Authority's curb box to the structure being served and shall maintain such lines/laterals in such manner to prevent loss of water.
D.
Any excavation, by any person undertaken to comply with this article, shall be done so in such a manner to insure public safety to protect all persons from damage and injury and in the event any public property is altered or disturbed by the aforesaid excavation, such as but not limited to a public streets, sidewalk and other public property disturbed in the course of installation of any service line/lateral, it shall be restored, at the cost and expense of the owner being connected, in a manner satisfactory to the Township and Authority.
E.
If any person shall fail or refuse, upon receipt of notice of the Township or the Authority, in writing, to remedy any unsatisfactory condition with respect to the aforesaid sections, after sixty-day written notice, the Authority shall commence regular billing pursuant to the Authority's Rules and Regulations without any abatement of the minimum payment due for the availability of the public water until compliance to the satisfaction of the Authority.
F.
Upon connection to the Authority's water system, the regular and customary billing for water services shall rest entirely with the Authority pursuant to its rules, procedures and regulations.
G.
With the exceptions of §§ 168-5B and 168-6F aforesaid herein, the Township reserves the right to adopt by resolution, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with the Authority, with any such additional rules and regulations, to the extent appropriate, shall be construed as part of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Any person who shall violate this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
B.
Fines and costs imposed under provisions of this article shall be enforceable and recoverable in the manner at the time provided by applicable law.
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 the Township that such remainder shall be and shall remain in full force and effect.
This article shall become effective as of January 9, 2023.