[Adopted 6-2-1972 by Ord. No. 22; amended in its entirety 9-12-2005 by Ord. No. 222-2005]
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
The Bern Township Authority, a Pennsylvania municipal authority
incorporated under the Municipality Authorities Act of 1945.[1]
Any property within this Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
and/or use by human beings upon which water is consumed.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in this Township.
Any individuals, partnership, company, association, society,
corporation or other group or entity.
The Township of Bern, County of Berks, and Commonwealth of
Pennsylvania, a political subdivision, acting by and through its Board
of Supervisors or, in appropriate cases, by and through its authorized
representatives.
The extension from any structure to the main of the water
system.
All facilities owned, maintained and operated by the Authority,
as of any particular time and being utilized for the distribution
of the water within the Township.
[1]
Editor's Note: See now the Municipality Authorities
Act, 53 Pa. C.S.A. § 5601 et seq.
A.
Improved property.
(1)
The owner of any improved property in the Township,
which property abuts upon the water system, shall make connection
therewith and use said water, and said connection shall be made in
such manner as the Township and/or Authority may require within 90
days after notice to such owner from the Township to make such connection
for the purpose of utilizing the water supplied by the water supply.
(2)
The Board of Supervisors may by ordinance require
that abutting property owners of a water system provided by the Township
or Municipal Authority or a joint water board connect with and use
the system. Those industries and farms which have their own supply
of water for uses other than human consumption may continue to use
their own water for that purpose but are required to use the Township
water system to provide water for human consumption.
(3)
Owners of residential properties that are required
to make connection to the water system shall either abandon their
private wells in accordance with the Well Abandonment Guidance Document
produced by the Pennsylvania Department of Environmental Protection
or have the waterline from their private wells enter the basement
to the pressure tank and then immediately return through the wall
and terminate at a yard hydrant or hydrants, and such water shall
only be used for nonpotable purposes. The aforementioned pressure
tank and waterlines are to be marked as nonpotable water, and no interconnections
between the private well and the public water supply shall be permitted.
B.
Within 90 days after receiving the notice provided for in Subsection A of this section to connect with the water system, every well, spring, cistern and/or other supply of water located on an improved property abutting upon the water system shall be abandoned as a supply of water for human and household consumption, and provided further that if such supply of water is not abandoned within the aforesaid period of time, the owner of the improved property upon which the water supply is located shall be in violation of this article.
C.
The notice by this Township to make a connection to the water system and to use said water referred to in Subsections A and B of this section shall consist of a copy of this article, including any amendments thereto, and a written or printed document requiring the connection. Said notice may be given at any time after the water system becomes operable and capable of supplying water to the improved property of the owner to whom said notice is sent. Such notice shall be served by the Township upon the owner either by personal service or by registered mail.
A.
All costs and expenses of construction of a water
service line and all costs and expenses of connection of a water service
line to the water system shall be borne by the owner of the improved
property to be connected to the water system, and such owner shall
indemnify and save harmless the Township and/or the Authority from
any and all loss or damage that may be occasioned, directly or indirectly,
as a result of construction of a water service line and/or of connection
of a water service line to the water system.
B.
If the owner of any improved property located in the Township and abutting upon the water system, after 90 days' notice from this Township, in accordance with Subsections A and C of § 138-21 of this article, shall fail to connect such improved property as required, the Township or its duly authorized agents may enter upon such improved property and construct such connection and may collect from such owner the costs and expenses therefor. In such case, the Township shall forthwith, upon completion of the work, send an itemized bill of the cost of construction of such connection to the owner of the improved property to which connection has been so made, which bill shall be payable forthwith, or the Township may authorize the payment of the cost of construction of the connection in equal monthly installments, to bear interest at a rate not exceeding 7% per annum. Such cost of construction of connections shall be payable at the office designated by the Township, in monthly installments, with interest from the date of completion of construction of the connection. In case of default of the payment of any installment and interest for a period of 60 days after the same shall become due, the entire cost of the construction of connection and accrued interest shall become due, and the Township Solicitor shall proceed to collect the same under the general laws relating to the collection of municipal claims.
C.
In case of neglect or refusal by the owner of such
improved property to pay said bill or in case of installment payment,
the Township shall file municipal liens for said construction within
six months of the date of completion of the construction of such connection,
the same to be subject in all respects to the general laws providing
for the filing and recovery of the municipal liens.
The Township and/or the Authority shall have
the right from time to time to adopt, by appropriate action, rules
and regulations pertaining to the construction of a water service
line and connection thereof to the water system.
A.
This article shall be enforced by action brought before
a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person who violates or permits the violation of this article shall,
upon conviction in a summary proceeding, be punishable by a fine of
not more than $1,000 or by 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. 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.
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 the Township.
