[HISTORY: Adopted by the Township Council
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-4-1995 by Ord. No. 2-95]
Unless the context specifically and clearly
indicates otherwise, the meaning of the terms used in this article
shall be as follows:
The Washington Township Water Authority.[1]
Any property within the township upon which there is erected
a structure or structures intended for continuous or periodic habitation,
occupancy or use, be it residential, commercial, industrial, agricultural
or otherwise, for which the use or consumption of potable water is
required or desired.
Any person, individual, partnership, company, association,
corporation or other group or entity vested with ownership, legal
or equitable, sole or partial, of any property located within the
township.
Water used for such purposes as but not necessarily limited
to drinking, cooking, medicinal use, washing, bathing, swimming, laundry
or other recreational water use. Uses specifically excluded include
but are not necessarily limited to watering of lawns and gardens,
private washing of cars or other vehicles, specific industrial uses,
farm irrigation and the watering of livestock.
The water line located on the property of an abutting property
owner from the township's or Authority's water supply system to the
location of the water meter at the structure owned by the abutting
property owner.
Any public street, road, alley or other public right-of-way.
The Township of Washington, Erie County, Pennsylvania.
A device installed by the township or authority in a structure
on the premises of an improved property for the purpose of measuring
the quantity of water supplied to the improved property.
The water supply, storage, pumping and distribution systems
and appurtenances thereto constructed or acquired by the township
or the Authority, including all acquired lands, easements and rights-of-way
related to and necessary for the operation and maintenance of said
system.
[1]
Editor's Note: The Water Authority was dissolved 5-21-2014
by Ord. No. 4-14.
The water supply system to be constructed or
acquired within the township by the township or the Authority shall
provide the exclusive source of potable water within the township
or any part thereof, and owners of abutting improved properties shall
connect to and use such water supply system in the manner herein provided,
except that industrial and agricultural establishments which currently
own and operate an independent water supply may continue to use said
independent water supply for uses other than human consumption, but
such industrial and agricultural establishments shall connect to and
utilize the public water supply system as the exclusive source of
potable water. It shall be unlawful for the owner of an improved property
in the township, which is required or permitted to be connected to
the water supply system in accordance with the provisions of this
article, to use, construct, erect or maintain or cause to be used,
constructed, erected or maintained any type or form of water system
supplying potable water.
A.
The owner of any improved property in the township
which abuts a water supply system shall, at his or her own expense,
connect to such water supply system in accordance with the provisions
of this article within 90 days after the date of the official notification
to do so is given by the township or Authority or their agents in
the appropriate manner provided by law.
B.
After the passage of this article, the owner of any
property in the township upon which a structure is erected, such that
the property would thus be considered to be an improved property in
accordance with the provisions of this article, which abuts on any
property in which there has been constructed or acquired or hereinafter
is constructed or acquired a water supply system shall, at his or
her own expense, connect to such water supply system in accordance
with the provisions of this article within 90 days after the date
of the official notification to do so is given by the township or
Authority or their agents in the appropriate manner as provided by
law.
(1)
Improved property which abuts a water supply system
("system") constructed by someone other than the Water Authority[1] or Washington Township shall not be required to connect
to the system. In the event that the owner of the improved property
voluntarily desires to connect to this system, the owner shall be
required to pay to the contractor, as reimbursement for the installation
of the system, an amount as determined by the Authority and/or township
as of the date of the completion of the installation of the system.
Further, the owner shall be required to pay to the Authority and/or
township all fees and costs imposed by the Authority and/or township
for the connection and use of said system.
[Added 9-2-1997 by Ord. No. 5-97]
[1]
Editor's Note: The Water Authority was dissolved 5-21-2014
by Ord. No. 4-14.
C.
The township or Authority may waive the mandatory
connection requirements as set forth herein if, in its opinion and
judgment, it is found that sufficient water quantity and/or pressure
does not exist to sufficiently supply potable water to those improved
properties required to connect to the system in accordance with the
provisions of this article.
D.
Nothing in this article shall be construed as a guaranty
by the township or the Authority that any improved property connected
to the water supply system shall have sufficient water quantity and/or
water pressure at all times.
E.
No connection shall be made to the water supply system
except in compliance with this article and resolution, as well as
such rules and regulations as may, from time to time, be enacted or
adopted by the township or Authority.
F.
The owner of any property required to connect to the
system in accordance with the provisions of this article must provide
proof of connection of their property to the water supply system within
10 days of such connection to the Authority or township.
[Amended 9-5-1995 by Ord. No. 6-95]
The water connection fee shall be paid by the owner of each structure on each improved property required to connect to the public water supply system in accordance with §§ 142-2 and 142-3 of this article. The water line connection fee schedule shall be established by the township or the Authority annually.
A.
In the event that any owner of an improved property located within the township and required to connect to a public water supply system in accordance with the provisions of § 142-3 of this article, other than those excepted in accordance with the provisions of § 142-2 of this article, shall neglect or refuse to connect to said public water supply system for a period of 90 days after official notification to do so is given by the township or Authority or their agents in the appropriate manner as provided by law, the township or Authority or their agents may enter upon such improved property and construct such connection. In such case, the township or Authority or their agents shall forthwith, upon completion of such work, send an itemized bill of the costs associated with the construction of such connection to the owner of the improved property to which the connection has been made, which bill shall be payable forthwith, or the township or Authority may authorize the payment of the cost of construction of such connection in equal monthly installments, to bear interest at a rate not exceeding 7% per annum in accordance with state law, for a period not to exceed one year. A penalty of 10% of the costs of construction will be added to the itemized bill to cover the administrative costs associated with the township or Authority having to make such connection. If such owner neglects or refuses to pay such costs of construction, then the township or Authority shall file a municipal lien for the costs of said construction, including penalties, within six months after the official notification to connect to the water system is given, as provided by law, or pursue any other legal or equitable remedy available to the township or authority to collect such costs. This section of this article is not intended to restrict or limit any legal or equitable remedy that the township or authority may have with respect to the failure of the owner of an improved property to connect to the public water supply system.
B.
In the event that the township or the Authority has
the connection constructed due to the owner's neglect or refusal to
connect to the public water supply system, the cost of construction
of such connection shall include the cost of construction of the service
line on the improved property of the abutting owner from the water
supply system to a location within the structure where the water meter
is located, including the costs of the water meter and all necessary
connections and equipment.
Each owner of improved property required to
connect to a water supply system as stipulated in the provisions of
this article shall make application, in writing, to the Authority
or township for water service. Such application shall be in the form
as designated by the Authority or township. No water service shall
be supplied to any property without written authorization by the Authority
or township to do so.
No person shall maliciously, willfully or negligently
break, damage, destroy, deface, uncover or tamper with any structure,
appurtenance or equipment which is part of the municipal water supply
system.
It shall be unlawful for the owner of an improved
property in the township, which is required or permitted to be connected
to the water supply system in accordance with the provisions of this
article, to cross-connect, interconnect or plumb together in any manner
any type or form of water with the water supply system, such that
water from the private source could infiltrate the water supply system.
The township and Authority, having duly authorized
employees and agents, shall be permitted to enter upon all properties,
bearing proper credentials and identification, for the purpose of
inspection, observation, taking measurements, sampling and testing
in accordance with the provisions of this article.
The township or the Authority are hereby authorized
and empowered to adopt such rules and regulations regarding the design,
construction, connection, operation and maintenance of the public
water supply system which may be deemed necessary from time to time
to effect the purposes herein. All such rules and regulations adopted
by the township or the Authority shall be in conformance with the
provisions herein, all other ordinances enacted by the township, all
applicable laws and all applicable rules and regulations of the administrative
agencies of the Commonwealth of Pennsylvania.
[Amended 12-3-1996 by Ord. No. 7-96; 7-1-1997 by Ord. No. 3-97]
B.
Any person who shall violate any provision of this
article shall be served, by the township or Authority or their agents,
notice stating the nature of the violation and providing a reasonable
time limit for the satisfactory correction thereof. The offender shall,
within the period of time stated in such notice, permanently cease
all violations. Any person who shall continue any violation after
such notice shall be required to pay a criminal fine in the amount
of $100 per violation and shall be imprisoned to the extent allowed
by law for the punishment of summary offenses. Each and every day
during which the violation of such provisions continues shall be deemed
a separate punishable offense.
C.
All fines and penalties imposed for violation of any
part of this article shall be paid to the Authority for the use of
the Authority or township.
D.
Any person violating any provisions of this article,
in addition to becoming liable for a fine and penalty, shall become
liable to the township for any expense, loss or damage occasioned
the township or the Authority by reason of such violation.
[Adopted 4-2-1996 by Ord. No. 1-96]
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows:
The Washington Township Water Authority,[1] as presently or hereafter constituted, which has been
created by the governing body of Washington Township and to which
has been referred by the governing body of Washington Township the
specific project water.
The group of elected officials acting as the governing body
of Washington Township.
Any person vested with ownership, legal or equitable, sole
or partial, of any property served, directly or indirectly, by the
water system.
Any individual, firm, company association, society, corporation
or group.
Washington Township, Erie County, Pennsylvania.
All temporary and permanent facilities at any time, and from
time to time, owned by the Authority or leased to and operated by
the township and used or usable for or in connection with the storage,
supply or distribution of water.
[1]
Editor's Note: The Water Authority was dissolved 5-21-2014
by Ord. No. 4-14.
There is hereby imposed upon each owner of each
property served by the water system and having the use thereof a water
rent or charge, payable at the Township Municipal Building or any
pay agency as designated by Washington Township Council. All rents
or charges will be rendered and are due and payable monthly, bimonthly,
quarterly, annually or any time period selected by Washington Township
Council for the use, whether direct or indirect, of the water system,
based on the schedule of classification hereinafter set forth.
A.
The following rent or charge imposed upon the owner
of each property served by the water system shall be established at
the first Council meeting of each year according to the following
schedule:
(1)
There shall be a minimum water rent or charge of $15
per month for each connection. This minimum water rent or charge applies
to the first 999 gallons of water used in each month. For each 1,000
gallons, or any fraction thereof, used in each month in excess of
999 gallons, there shall be an additional charge of $4.70.
B.
The township reserves the right to change the minimum
water rent or charge and the additional charge from time to time.
The township representative shall have access
at all reasonable times to water meters and any other meters used
for establishing or determining water consumption.
[Amended 7-7-1996 by Ord. No. 3-96]
The water rent or charge and additional charge imposed shall be payable as set forth in § 142-13. Rent or charges for each billing period shall be payable within 20 days after the date of the mailing of the bill for such rent or charges. Rent or charges for any billing period in which a connection is made shall be at least the minimum water rent or charge set forth in § 142-14, and shall be billed in conjunction with the next regular billing or by special billing, as the officials responsible may elect.
A.
If the water rent or charge for water service as set forth in § 142-13 hereof is not paid within 20 days after the date of the mailing of the bill for such rent or charges, the township shall impose a penalty of 5% of the outstanding water rent or charge. If the bill shall remain unpaid for an additional 90 days, or for a total of 120 days, the township may file a lien against said property in the office of the Prothonotary of Erie County, Pennsylvania, and the cost of the filing of the lien shall be set annually by the township. If a lien is filed, interest at the maximum allowable rate on the water rent or charge which, as of the date of the original or ordinance, is 10% per annum, shall commence as of the date of the filing of said lien. The township shall have the right to collect the lien in the manner provided by law. If the bill shall remain unpaid for an additional 60 days, or for a total of 180 days, the township will terminate water service to said property.
[Amended 7-7-1996 by Ord. No. 3-96]
B.
The owners of the structure connected to the water
system must provide, in writing, a correct address of the structure.
Failure to receive a water bill will not be considered an excuse for
nonpayment nor for permitting extension of the period during which
bills are payable at face.
C.
In the case of water service to a residential dwelling
unit which is not owner-occupied, the owner must provide to the township
the address of the owner, the name of the tenant and the billing address
of the tenant. Within 30 days after the bill for water service first
becomes overdue, the township shall notify the owner of the delinquency
by first-class mail at the address the owner provided to the township
and at the billing address of the tenant, as provided by the owner.
If the owner should fail to notify the township, in writing, of the
name and mailing address of the tenant occupying a residential unit,
the township shall not be required to notify the tenant.
D.
Payments made, as evidenced by the United States Post
Office mark on or previous to the end of the period during which the
bills are payable at face, will be deemed to be payment within such
period.
The funds received by the township from the
collection of the water rent and charges and all penalties and interest
thereon, as herein provided for, shall be segregated and kept separated
and apart from all other funds of the township, and shall be used
only for the purpose of defraying the expenses of the township in
the operation, maintenance, repair, alteration, inspection, depreciation
or other expenses in relation to such water system, and for such payments
as the township may be required to make under any lease or agreement
it may enter into in connection with the financing of the water system
pursuant to the provision of the Act of May 2, 1945, P.L. 382, as
amended.[1]
[1]
Editor's Note: See 53 P.S. § 301
et seq.
The township reserves the right to, and may
from time to time, adopt, revise, amend and readopt such rules and
regulations as it deems necessary and proper for the use and operation
of the water system, and all such rules and regulations shall be and
become a part of this article.
This article and any rules and regulations hereunder
shall become effective immediately and shall be applicable to all
properties as soon as they respectively become connected with and
have the right to use the water system. The township reserves the
right to make such changes from time to time as, in its opinion, may
be desirable or beneficial and to amend this article or to change
the rates or charges in such manner and at such times as, in its opinion,
may be advisable.
