[HISTORY: Adopted by the Board of Supervisors of the Township of
Antrim 9-12-2000 by Ord. No. 266. Amendments
noted where applicable.]
Unless the context specifically and clearly indicates otherwise, the
meanings of terms and phrases used in this chapter shall be as follows:
Greencastle Area Franklin County Water Authority, a municipal authority
of the commonwealth, or any other municipal owner of a water system contracting
with the Township to provide water to Township residents, or any governmental
body operating a Township water system, or Antrim Township Municipal Authority
or any municipal authority operating a water system within the Township.
[Amended 1-4-2003 by Ord. No. 281]
The water service pipe and appurtenances extending from the main,
including the tee or tap in the main, the lateral pipe to a point at or near
the property line, the curb stop or service valve, and the curb box or valve
box.
That part of the water service pipe extending from the Authority's
service line to the premises, except the water meter.
The Commonwealth of Pennsylvania.
Any person required to submit a subdivision or land development plan
to the Township of Antrim.
Any property within the Township upon which there is erected a principal
building or structure intended for continuous or periodic habitation, occupancy
or use by human beings.
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 customer service line.
Any pipe or conduit constituting a part of the water system used
or usable for water distribution purposes.
Any person, custodian, guardian, trustee, caretaker, executor or
administrator vested with ownership, legal or equitable, sole or partial,
of any improved property.
Any individual, partnership, company, association, society, trust,
corporation, joint ownership, municipality, municipal authority or other group
or entity.
The property, building or other site to which water service is furnished,
including:
A building under one roof, owned or leased by one person, occupied as
one residence or business;
Each combination of buildings owned or leased by one person, served
by one service line, and occupied by one family or business;
Each side of a double unit or each housing unit;
Each apartment, condominium, manufactured housing, mobile home, office
or suite of offices located in a building having several such apartments,
offices or suites of offices and using in common one or more means of entrance;
or
Such other situations as the Authority shall deem proper and advisable.
The introduction or alteration of a service line or lines from the
Authority main or lateral to the owner's premises.
Any person required to submit a subdivision or land development plan
to the Township of Antrim.
Antrim Township, Franklin County, Pennsylvania, a municipal corporation
of the commonwealth, acting by and through its Board of Supervisors or, in
appropriate cases, acting by and through its authorized representatives.
The provision by the Authority of water as a commodity, of readiness
to serve water for any purposes, and of any services related thereto.
All facilities, as of any particular time, owned and operated by
the Authority for supply, transmission and distribution of water to supply
residents of the Township.
A.
The owner of any improved property, as defined in § 143-1,
supra., abutting the water system and whose principal building is within 150
feet of the water system shall connect such improved property with such main
and shall use such water system, in such manner as the Authority may require,
within 90 days after notice to such owner from the Township or the authority
to make such connection; subject, however, to such limitations and restrictions
as shall be established herein or otherwise shall be established by the Township
or the Authority, from time to time.
B.
It shall be unlawful for any owner, lessee or occupier
of any improved property in Antrim Township with a service connection to employ
any means of cross-connecting any other water source to the public water system,
including service lines and house plumbing served by said services.
C.
Any person, except as provided in Subsection F of this
section, who causes or allows any structure on an improved property to connect
with, remain connected with or otherwise use any private well or water system
other than the water system of the Authority shall be deemed and shall be
declared to be maintaining a nuisance, which nuisance the Township may abate
in the manner provided by law and subject to the enforcement provisions of
this chapter.
D.
The owner or owners of improved property required to
be connected to the Authority water system shall permit the Authority's designated
inspector full and complete access to all water system facilities in each
building and in and about all parts of the property for the purposes of inspecting
said facilities.
E.
The notice by the Township or the Authority to make a
connection to a main, referred to in § 143-2A shall consist of a
copy of this chapter, including any amendments and/or supplements at the time
in effect, or a summary thereof, and a statement requiring the connection
in accordance with the provisions of this chapter and specifying that such
connection shall be made within 90 days after the date such notice is given
or served. Such notice shall also state that failure to connect within the
90 days shall result in the Board of Supervisors or their agents entering
upon the property and constructing the connection at the owner's expense.
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 registered mail to his last known address, or by such other means as
shall be permitted by law.
F.
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 shall be required to use the water system to provide
water for human consumption.
A.
Where a water system is within 500 feet of, or where
plans approved by the Board of Supervisors provide for the installation of
such water system within 500 feet of, a proposed subdivision or land development,
the developer shall provide the subdivision or land development with a complete
water main supply system, together with fire hydrants to serve the subdivision
or land development in accordance with specifications provided by the Authority
providing water to the subdivision or land development to be connected to
the existing or proposed water main supply system. Upon proper cause shown,
the Supervisors, at an open meeting, may waive, modify, alter or suspend the
distance requirements of this subsection.
B.
Following the construction of the water system, the subdivider
shall provide the Authority and the Township with record drawings (as-built
plans), prepared by an engineer or a surveyor, and bearing his seal, showing
the size, location and length of all lines. Record drawings shall be submitted
as prints and in electronic format compatible with Authority requirements.
C.
Following completion of the water system by the developer
and inspection and approval by the Authority, the developer shall dedicate
same to the Authority.
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 the Authority.
B.
Application for a permit required under § 143-4A
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 the Authority of the
desire and intention to connect such improved property to a main;
(3)
Such person shall have given the appropriate representative
of the Authority at least 48 hours' notice of the time when such connection
will be made so that the Authority 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 the Authority that any tapping,
connection and/or customer facility fee that may be charged and imposed by
the Authority 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 § 143-4D,
each improved property shall be connected separately and independently through
a service connection. Grouping of more than one improved property on one service
connection shall not be permitted, except under special circumstances and
for good cause shown, but then only after special permission of the Authority,
in writing, shall have been secured and only subject to such rules, regulations
and conditions as may be prescribed by the Authority.
E.
All costs and expenses of construction of a service connection
and all costs and expenses of connection of a service connection to a main
shall be borne by the owner of the improved property to be connected; and
such owner shall indemnify and shall 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 a service connection or of connection of a service
connection to a main.
F.
A service connection shall be connected to a lateral
or to a main at the place designated by the Authority. A smooth, neat joint
shall be made and the connection of a service connection shall be made secure
and watertight.
G.
If the owner of any improved property located within
150 feet of the water system and abutting upon any street in which there is
a main constituting part of the water system after 90 days' notice from the
Township, in accordance with § 143-2A, shall fail to connect such
improved property, as required, the Township or Authority, 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.
The Township shall be entitled to file a municipal lien for said construction
within six months of the date of the completion of the construction of said
connection, the same to be subject in all respects to the general law provided
for the filing and recovery of municipal liens.
[Amended 1-14-2003 by Ord. No. 281]
A.
No service connection shall be covered until it has been
inspected and approved by the Authority. If any part of a service connection
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 service connection 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 service connection 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 service connection shall be restored, at the cost and
expense of the owner of such improved property being connected, in a manner
satisfactory to the Authority and the Township.
D.
If any person shall fail or shall refuse, upon receipt
of a notice of the Township or the Authority, in writing, to remedy any unsatisfactory
conditions with respect to a service connection within 60 days of receipt
of such notice, the Township or the Authority 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 the Township and of the Authority.
E.
The Township and Authority reserve 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 water system, which
additional rules and regulations, to the extent appropriate, shall be and
shall be construed as part of this chapter.
A.
The Board of Supervisors and the Authority may impose
and charge capital charges, including connection fees, customer facilities
fees and tapping fees, to property owners who desire to or are required to
connect to the water system, as provided by Pennsylvania Acts 203 and 209
of 1990. The amount, payment and collection of said capital charges shall
be determined by future resolutions passed by the Township or the Authority.
B.
Whenever a water system or any part or extension thereof
owned by the Township or Authority has been constructed by the Township or
Authority at the expense of a private person or corporation or has been constructed
by a private person or corporation under the supervision of the Township or
Authority at the expense of the private person or corporation, the Township
and the Authority shall have the right to assess capital charges, including
a reimbursement component, and refund said reimbursement component to the
person or corporation who has paid for the construction of said water system
or any part or extension thereof. The amount of capital charges and reimbursement
component shall be determined by resolutions of the Township and the Authority.
C.
All or part of the costs of construction of any water
system constructed may be charged upon the properties accommodated or benefited
thereby pursuant to § 2601 et seq. of the Second Class Township
Code (53 P.S. § 67601 et seq.).
D.
Water rentals for the water provided may be charged as
provided by law.
A.
This chapter shall be enforced by an action brought before
a District Justice in the same manner provided for summary offenses under
the Pennsylvania Rules of Criminal Procedure. Any person who shall violate
this chapter shall be liable, upon summary conviction for a first offense
and upon summary conviction for each subsequent offense, to a fine of not
more than $1,000 or by imprisonment for a term not exceeding 90 days, together
with costs of prosecution in each case. Each day that a violation shall continue
shall be deemed and shall be taken to be a separate offense and shall be punishable
as such. Each section of this chapter shall also constitute a separate offense.
B.
Fines and costs imposed under the enforcement provisions
of this chapter shall be enforceable and recoverable in the manner at the
time provided by applicable law and shall be payable to the Township.
C.
The enforcement provisions in this section shall be in
addition to other enforcement provisions listed in this chapter and available
by law, including but not limited to the right to file an action in equity
requiring compliance with this chapter.
This chapter shall become effective as provided by law.
In the event any provision, section, sentence, clause or part of this
chapter shall be held to be invalid, such invalidity shall not affect or impair
any remaining provision, section, sentence, clause or part of this chapter,
it being the intent of the Township that such remainder shall be and shall
remain in full force and effect.
It is declared that enactment of this chapter is necessary for the protection,
benefit and preservation of the health, safety and welfare of inhabitants
of the Township.
All ordinances or parts of ordinances and all resolutions or parts of
resolutions that are inconsistent with this chapter shall be and the same
expressly are repealed.
