[HISTORY: Adopted by the Borough Council
of the Borough of Palmerton as indicated in article histories. Amendments
noted where applicable.]
Unless the context specifically and clearly
indicates otherwise, the meaning of terms and phrases used in this
article shall be as follows:
The Palmerton Municipal Authority, a municipal authority
incorporated by the Borough and the owner of the Water System.
The Borough of Palmerton, Carbon County, Pennsylvania, a
municipal corporation of the commonwealth, acting by and through its
Council or, in appropriate eases, acting by and through its authorized
representatives.
The extension from the water system of any structure to the
lateral of a main.
The Commonwealth of Pennsylvania.
Any property within this Borough upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals.
That part of the water system extending from a main to the
curbline or, if there shall be no curbline, to the property line or,
if no such lateral shall be provided, then "lateral" shall mean that
portion of, or place in, a main which is provided for connection of
any building main.
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
Any person vested with ownership, local or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority or other group
or entity.
All facilities, as of any particular time, which are owned
by the Authority and intended for the production, storage, transmission
and distribution of water.
A.
The owner of any improved property upon which the
principal building is located within 150 feet of a water system or
any part or extension of the system, or if the principal building
has no safe water supply, shall connect such improved property with
such main and shall use such water system, in such manner as this
Borough may require, within 45 days after notice to such owner from
this Borough to make such connection; subject, however, to such limitations
and restrictions as shall be established herein or otherwise shall
be established by this Borough from time to time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Any person who connects with, remains connected with
or otherwise uses any private well or water system other than the
water system of this Borough shall be deemed and shall be declared
to be maintaining a nuisance, which nuisance this Borough shall abate
in the manner provided by law.
C.
The notice by this Borough to make a connection to a main, referred to in Subsection A, shall consist of 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 45 days after the date such notice is given or served. Such notice may be given or served at any time after the appropriate main or lateral is in place that can deliver water to the particular improved property. Such notice shall be given to or served upon the owner by personal service, or by certified mail to his last known address, or by such other means as shall be permitted by law.
A.
No person shall uncover, shall connect with, shall
make any opening into or shall use, shall alter or shall disturb,
in any manner, any main, lateral or any other part of the water system
without first obtaining a permit, in writing, from this Borough.
B.
Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
C.
No person shall make or shall cause to be made a connection
of any improved property with a main until such person shall have
fulfilled each of the following conditions:
(1)
Such person shall have notified this Borough of the
desire and intention to connect such improved property to a main;
(2)
Such person shall have applied for and shall have obtained a permit as required by Subsection A;
(3)
Such person shall have given the appropriate representative
of this Borough at least 48 hours' notice of the time when such connection
will be made so that this Borough may supervise and inspect or may
cause to be supervised and inspected the work of connection and necessary
testing; and
(4)
If applicable, such person shall have furnished satisfactory
evidence to the appropriate representative of this Borough that any
tapping, connection and/or customer facility fee that may be charged
and imposed by this Borough against the owner of each improved property
who connects such improved property to a main has been paid.
D.
Except as otherwise provided in this subsection, each
improved property shall be connected separately and independently
through a building main. Grouping of more than one improved property
on one building main shall not be permitted, except under special
circumstances and for good cause shown, but then only after special
permission of this Borough, in writing, shall have been secured and
only subject to such rules, regulations and conditions as may be prescribed
by this Borough or the Authority.
E.
All costs and expenses of construction of a building
main and all costs and expenses of connection of a building main to
a main shall be done by the owner of the improved property to be connected,
and such owner shall indemnify and shall save harmless this Borough
and the Authority from all loss or damage that may be occasioned,
directly or indirectly, as a result of construction of a building
main or of connection of a building main to a main.
F.
A building main shall be connected to a lateral or
to a main at the place designated by this Borough. A smooth, neat
joint shall be made and the connection of a building main shall be
made secure and watertight.
G.
If the owner of any improved property upon which the principal building is located within 150 feet of a water system or any part or extension of the system, or if the principal building has no safe water supply, after 45 days' notice from this Borough, in accordance with § 121-8A, shall fail to connect such improved property as required, this Borough may enter upon such improved property and may construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
No building main shall be covered until it has been
inspected and approved by this Borough. If any part of a building
main is covered before so being inspected and approved, it shall be
uncovered for inspection at the cost and expense of the owner of the
improved property to be connected.
B.
Every building main of any improved property shall
be maintained in a sanitary and safe operating condition by the owner
of such improved property.
C.
Every excavation for a building main shall be guarded
adequately with barricades and lights to protect all persons from
damage and injury. Any street, sidewalk or other public property disturbed
in the course of installation of a building main shall be restored,
at the cost and expense of the owner of such improved property being
connected, in a manner satisfactory to this Borough.
D.
If any person shall fail or shall refuse, upon receipt
of a notice of this Borough, in writing, to remedy any unsatisfactory
condition with respect to a building main within 60 days of receipt
of such notice, this Borough may refuse to permit such person to be
served by the water system until such unsatisfactory condition shall
have been remedied to the satisfaction of this Borough.
E.
This Borough reserves the right to adopt, from time
to time, additional rules and regulations as it shall deem necessary
and proper relating to connections with the water system, which additional
rules and regulations, to the extent appropriate, shall be and shall
be construed as part of this article.
A.
Any person who shall violate this article shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine as provided in Chapter 1, General Provisions, Article II, § 1-17A.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 and shall be payable to this Borough.
C.
This article shall constitute a contract with the
Authority for the supplying of water for use of the public within
this Borough pursuant to 53 P.S. § 47401 et seq.
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 Borough.
