Township of Derry, PA
Mifflin County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Derry as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 172.
[Adopted 6-6-2005 by Ord. No. 2005-2]
This article shall be known as and may be cited as the "Derry Township Mandatory Water Connection Ordinance."
As used in this article, the following terms shall have the meanings indicated:
AUTHORITY
The Municipal Authority of the Borough of Lewistown, its successors and assigns.
CONSULTING ENGINEERS
The engineers employed by the Township and/or by the Authority.
CUSTOMER SERVICE LINE
The pipe and any other facilities by means of which water service is extended from the property line or curb stop of the water customer to the proposed dwelling or building to be served.
PERSON
An individual, corporation, partnership, limited-liability company, limited-liability partnership, association, society or other entity.
TOWNSHIP
The Township of Derry, Mifflin County, Pennsylvania.
WATER LINE
A line for the transmission and delivery of water to abutting property owners constructed in the Township and owned and/or operated by the Authority.
WATER METER
A device for the measuring of the quantity of water used by a property owner.
WATER SUPPLY SYSTEM
The water distribution system constructed in the Township and owned and/or operated by the Authority, including, but not limited to, all necessary lands, easements and rights-of-way, and all necessary lines and equipment, including lines, pumping stations, water distribution systems, fire hydrants, values and other appurtenances of the water supply system.
Every owner of property within the Township whose property abuts a water line and/or water supply system constructed in the Township and owned and/or operated by the Authority and upon which is situated any house, building, structure or other property for human occupancy, employment, recreation, or other purposes for human use and occupancy, and which is located within 150 feet of the water line and/or water supply system at its nearest point shall connect such house, building, structure or other property for human occupancy, employment, recreation, or other purposes for human use and occupancy to the water line and/or water supply system, at such owner's cost, including the payment of all connection fees, tapping fees and other fees imposed by the Authority for the connection of the property to the water supply system. Where a water line is located in a public street or right-of-way, property on either side of such public street or right-of-way shall be deemed to abut said water line and shall be deemed to be accessible to the water supply system.
A. 
The water supply system constructed in the Township and owned and/or operated by the Authority shall provide the exclusive source of water for human consumption on the owner's property if the water supply system is accessible to the property by being within 150 feet, at its nearest point, of the property owner's house, building, structure or other property for human occupancy, employment, recreation, or other purposes for human use and occupancy.
B. 
Within 30 days following the completion of construction of a water supply system which is accessible to the property owner's house, building, structure or other property for human occupancy, employment, recreation, or other purposes for human use and occupancy, which is utilizing water for human consumption, the property owner shall permanently render any well or wells, spring, cistern system, or other water supply on the property theretofore used for the production or provision of water for human consumption incapable of drawing, producing or providing water nor shall said well or wells, spring, cistern system, or other water supply otherwise be used for the drawing, producing or providing water, except as authorized to utilize the supply of water for uses other than human consumption, all as per § 207-5 of this article.
C. 
Within 30 days following the completion of construction of a water supply system which is accessible to the property owner's house, building, structure or other property for human occupancy, employment, recreation, or other purposes for human use and occupancy, which is utilizing water for human consumption, said property owner shall disconnect said well or wells spring, cistern system, or other water supply from said house, building, or other structure, except as authorized to utilize the supply of water for uses other than human consumption, all as per § 207-5 of this article. The Township and/or the Authority shall be empowered to establish and enforce rules and regulations concerning the disablement of any well, spring, cistern system or other water supply or system which has been providing water for human consumption to the occupied building, house or other structure as well as to establish and enforce rules and regulations concerning the continued use of such water for other than human consumption upon written request and written approval therefor.
Industries and farms who have their own supply of water for uses other than human consumption may continue to use said water for such purposes, but shall at all times be required to use the Authority's water supply system in relation to water used for human consumption. Others who have their own supply of water for uses other than human consumption may continue to use said water for such purposes upon written request to the Township and upon written approval by the Township, but shall at all times be required to use the Authority's water supply system in relation to water used for human consumption.
If the owner of any property abutting the water supply system neglects, fails or refuses to connect with and use such water supply system within 90 days after notice so to do has been served by the Board of Supervisors or their agent(s), the Board of Supervisors or their agent(s), including Authority, may enter the property and construct said connection. The Board of Supervisors shall send an itemized bill of the cost of construction of connection to the owner of the property to which connection has been made to provide water service to the property. Said bill shall be due and payable immediately, or, in the alternative, the Board of Supervisors may, in their sole discretion, as provided in Article XXXIII of the Second Class Township Code, Section 3303, as amended (53 P.S. § 68303, as amended), authorize the payment of the cost of construction of connection in no more than six consecutive equal monthly installments, plus interest at a rate of 6% per annum, beginning from the date the assessment was due and payable, or, if a bond or bonds have been issued to provide for the payment of the construction and such connection with interest at a rate higher than 6% per annum, then at such higher rate of interest, as applicable, equal to the rate of interest on any bond indebtedness beginning from the date the assessment was due and payable. In the case of a default to make payment, the entire cost of construction of the connection shall be due and payable and the Township may proceed to collect the same pursuant to the law relating to municipal claims, 53 P.S. § 7101 et seq., as amended or supplemented, or by a civil action at law (in assumpsit).
The cost of construction of the connection shall include the cost of construction of the customer service line on the property of the abutting owner from the property line or the curb stop of the abutting owner to the building, house or other structure where the water meter is located, and shall include the cost of the water meter and all necessary connections and equipment necessary to connect the building, house or other structure to the water line and water supply system.
Each owner of any property in relation to which connection to the water supply system is mandatory in accord with § 207-3 of this article shall make application, in writing, to the Authority for water service. Such application shall be in such form as the Authority shall designate.
No person shall willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the water supply system.
A. 
The consulting engineers and other duly authorized employees or agents of the Township and/or the Authority bearing proper credential and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurements, sampling and testing in accord with the provisions of this article and property owners shall permit such access.
B. 
For the purpose of enforcing this article and power and authority to enter upon all properties for purposes as set forth in this article, the Township, its consulting engineers and other duly authorized employees or agents of the Township or their designees and/or the Authority may seek to obtain a search warrant issued by a competent authority for the purpose of permitting the entry upon a property for purposes necessary and appropriate pursuant to this article and/or for purposes of compelling inspection of property, including, without limitation, land and the buildings or structures thereon.
Any person who violates or permits a violation of 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Township, by means of a complaint in equity, may compel the owner and, if applicable, the occupant of the premises to comply with the terms of any notice of violation, or otherwise may seek any such other relief as any court of competent jurisdiction is empowered to afford.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The imposition of the remedies or penalties herein prescribed are not exclusive, but, on the contrary, they are cumulative and the exercise of one remedy or penalty shall not preclude the Township from instituting an appropriate action, in law or equity, or taking appropriate action under this chapter or otherwise to restrain, correct or abate the violation and/or stop any illegal act or conduct.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).