[HISTORY: Adopted by the Board of Supervisors of the Township of
Richland as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Authorities — See Ch. 11.
[Adopted 12-28-1979 by Ord.
No. 110]
Every owner of property in the Township of Richland whose property presently
abuts or will abut upon any portion of the water system of the Windber Area
Authority in the future shall connect, at his own cost, the house, building
or other structures located on said property with the aforementioned water
system as presently constructed or upon completion of construction of any
extensions thereof.
It shall be unlawful for any owner, lessee or occupier of any of said
aforementioned properties abutting upon said water system as presently constructed
or after completion of construction of any extensions thereof to employ any
means of obtaining water for purposes of human consumption on said property
other than from said water system.
It shall be the duty of the Board of Supervisors of the Township of
Richland or the Windber Area Authority, as the agent for the township, to
notify the owner, lessee or occupier of each structure covered hereunder,
in writing, either by personal service or registered mail, to connect the
same to said water system as herein provided within 90 days after receipt
of such notice. Any owner, lessee or occupier of a structure who cannot comply
with the provisions of this section as to connection within the ninety-day
period stipulated above due to causes beyond his control should apply to the
Board of Supervisors or said Authority within said ninety-day period for a
time extension of up to six months in duration. Said application shall be
made on a form to be furnished by the Board of Supervisors or said Authority
and shall contain a voluntary agreement on the part of the applicant under
which the applicant shall agree to commence paying the regular monthly water
bill immediately thereafter even though actual connection to said water system
will not be accomplished until some later date within said six-month extension
period.
It shall be unlawful for any person, firm or corporation connected to
said water system to connect with or permit the connection thereto of any
other property by any other person, firm or corporation or to interconnect
any other source of water supply for human consumption within the property
and said water system herein mentioned.
No person, firm or corporation shall make or cause to be made any connection
with said water system until he has fulfilled all of the following conditions:
A.
He shall make application to the Windber Area Authority
("Authority"), as the agent for the township, upon a permanent form to be
formulated and supplied by said Authority for permission to connect to the
aforementioned water system. Among other things, the applicant must state
the character and use of each structure located on his property.
B.
He shall pay the required applicable initial service
charge and/or tapping fee as established and imposed by said Authority, at
the time of making application for permission to make a connection.
C.
No work shall commence before the payment of the aforesaid
initial service charge and/or tapping fee and issuance of the aforementioned
connection permit.
D.
He shall give the designated inspector of said Authority
at least 24 hours' notice of the time when such connection shall be made in
order that said inspector can be present to inspect and approve the work of
connection. The inspector shall signify his approval of the connection by
endorsing his name and the date of approval of the aforementioned connection
permit in the possession of the permittees.
E.
At the time of inspection of the connection, the owner
or owners of the property shall permit the inspector full and complete access
to all water system facilities in each building and in and about all parts
of the property. No water connection line shall be covered over or in any
way concealed until after it has been inspected and approved by said inspector.
The construction of all connections between the building and said water
system shall be done in accordance with the specifications, plans and procedures
contained in the Water System Rules and Regulations of the Windber Area Authority,
as the same have been or may be from time to time published and amended, copies
of which are, or will be, upon adoption by the Authority, maintained on file
with the Township Secretary and the Authority Secretary.
If the owner or owners of any occupied houses, buildings or structures in the township affected by this article shall neglect or refuse to comply with the provisions of this article or the written notice as prescribed in § 234-3 hereof, the township or said Authority, as the agent of the township, may perform or cause to be performed such work and labor and furnish or cause to be furnished such material as may be necessary to comply with the provisions of this article at the cost and expense of such owner or owners, together with 10% additional thereof on all charges and expenses incidental thereto, which sum shall be collected from said owner or owners for the use of the township or said Authority as debts are by law collectible, or the township or said Authority may, by its proper officer, accept installment payments as provided by law or file a municipal claim or lien therefor against said premises as provided by law.
Any person who violates or permits a violation of this article shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the township before a District Justice, pay a fine of not more than $600,
plus all court costs, including reasonable attorney's 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 District Justice.
If the defendant neither pays nor timely appeals the judgment, the township
may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance herewith.
[Adopted 2-27-1989 by Ord.
No. 192]
The Water Shortage Response Plan of the Highland Sewer and Water Authority,
attached hereto,[1] is adopted herein by reference. This plan may be modified and
updated by said Highland Sewer and Water Authority.
[1]
Editor's Note: The Water Shortage Response Plan is on file in the
township offices.
Those uses of water not essential to the protection of public health
and safety are deemed nonessential. Nonessential uses of water may be restricted
by both voluntary and mandatory measures as prescribed and outlined within
the Water Shortage Response Plan. A list of nonessential water uses is included
in the plan.
If, during a water shortage period, a voluntary ban on nonessential
uses of water has not sufficiently reduced the rate of depletion of water
supply sources, and those sources have reached a level at which the response
plan prescribed more severe demand reduction measures, a mandatory restriction
of nonessential water uses shall be imposed. Those water service customers
found not cooperating with this action shall face a surcharge as set from
time to time by resolution of the Board of Supervisors for each day of noncompliance,
or the curtailment of water service, whichever is deemed most appropriate.
If a water shortage emergency is declared by the Governor of the Commonwealth
of Pennsylvania within an area which includes the service area of the Township
of Richland and both voluntary and mandatory restrictions of nonessential
water uses have failed to sufficiently reduce the rate of depletion of all
available water supply sources, and if the Highland Sewer and Water Authority
Plan for water rationing has been reviewed and approved by the Pennsylvania
Emergency Management Council, water rationing may be implemented. The Highland
Sewer and Water Authority's Water Rationing Plan is included in the Water
Shortage Response Plan.
Whereas, owing to special circumstances, a literal enforcement of the
restrictions imposed by the Local Water Rationing Plan would impose an "extraordinary
hardship," as defined in said plan, on a residential or nonresidential customer,
said customer may apply for a variance from said restrictions according to
the procedures and standards set forth below.
A request for a variance from said restrictions imposed herein shall
be filed at the office of the Highland Sewer and Water Authority and state
the following information:
A.
Name of the customer.
B.
Address of the customer.
C.
Type of usage, i.e., residential, nonresidential.
D.
If nonresidential, the nature of business, including
hours of operation.
E.
Details of the nature of the extraordinary hardship imposed
upon the customer.
F.
Amount of variance requested from the restrictions.
Upon receipt of a request for a variance from the restrictions imposed
herein, a hearing shall be scheduled before the Highland Sewer and Water Authority
Board. Public notice of said hearing setting forth the name, address and nature
of the request for a variance and the time and place of said hearing shall
be given in a newspaper of general circulation in the township not less than
three or more than 10 days prior to said hearing. Further, notice of said
hearing shall be posted on the Authority's office and written notice shall
be given to the Richland Township Board of Supervisors.
A.
The following shall serve as general guidelines in determining
the issuance of a variance:
(1)
That there exist special circumstances which render the
strict application of the restrictions an extraordinary hardship.
(2)
That the extraordinary hardship has not been created
by the customer's actions but by the imposition of the restrictions generally.
(3)
That the varying of the restrictions for the customer
will not have the effect of the nullifying the intent and purpose of the water
restrictions or undermine the public's perception of equitable sharing of
the hardships caused by the restrictions.
(4)
That the varying of the strict terms of the restrictions
will represent the minimum variation that will afford relief and will represent
the least modification possible of the regulations in issue.
(5)
That it will not affect the public health, safety and
welfare.
B.
In granting such variations, the Highland Sewer and Water
Authority Board of Directors may require such conditions as will substantially
secure the objectives of the restrictions so varied.
