[Adopted 4-25-1973 by Ord. No. 182]
[Amended 11-12-1973 by Ord. No. 191]
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
South Whitehall Township Authority, a Pennsylvania municipality
Authority.
The connection to and use of the Authority water supply system
for all human consumption and all other purposes other than those
uses outside of the dwelling unit. There shall be no cross connection
between any private water supply system and the Authority's water
supply system.[1]
Any property within this Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in this Township.
Any individual, partnership, company, association, society,
corporation or other group or entity.
The Township of South Whitehall, Lehigh County, Pennsylvania,
a political subdivision, acting by and through its Board of Township
Commissioners, or, in appropriate cases, by and through its authorized
representatives.
The water distribution facilities, including all related
facilities owned by the authority, including all property, real, personal
and mixed, rights, powers, licenses, easements, rights of way, privileges,
franchises and other property or interest in property of whatsoever
nature used or useful in connection with such facilities, and together
with all additions, extensions, alterations, improvements and betterments
thereof or thereto which may be made, installed or acquired, from
time to time, by or for the Authority.[2]
A.
The owner of any improved property abutting the water
system, other than industries and farms which have their own supply
of water for uses other than human consumption, shall connect such
improved property to the water system in such manner as this Authority
may require, within 90 days after notice to such owner from this Authority
to make such connection.
B.
The notice of this Authority to make a connection to the water system, referred to in Subsection A, above, shall consist of a written or printed document requiring such connection in accordance with the provisions of this article and specifying that such connection shall be made within 90 days from the date such notice is given. Such notice may be given at any time after a water main is in place which can supply water to the particular improved property. Such notice shall be served upon the owner in accordance with law.
C.
If the owner of any improved property located in the Township of South Whitehall and accessible to the Authority water system, after 90 days notice from the Authority in accordance with Subsection A, above, shall fail to connect such improved property as required, the Authority may make such connection and may collect from such owner the costs and expenses thereof. In such case, the Authority shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property to which connection has been made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such improved property to pay said bill, the Authority shall 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 respect to the general law provided for the filing and recovery of municipal liens.
D.
Notwithstanding the preceding provisions of this section,
the owner of a residential improved property who is otherwise required
to make a connection to the water system, shall not be required to
make such a connection if, and so long as an owner meets applicable
requirements for nonconnection prescribed, from time to time, by the
Authority.
A.
No person shall uncover, connect with, make any opening
into or use, alter or disturb, in any manner, any water main constituting
a part of the water system.
B.
All taps and insertions of corporation cocks to the
Authority water mains will be made by Authority or pursuant to Authority
inspection, as the Authority deems appropriate. All connections will
be in conformance with such procedures as are established by Authority,
from time to time.
C.
All service lines from the curb stop to the structure
(and through the wall of the structure and housing facility for the
meter) to be served shall be installed by the owner of the improved
property to be served, at his own expense, shall be of the type approved
by the Authority and shall be kept in good repair at the expense of
the owner of the improved property to be served. No service line or
other connection facility between the curb stop and the structure
to be served shall be covered up in the process of installation until
inspected and approved by the Authority. If any service line or other
connection facility 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.
D.
The size of the service connection from the water
main to the curb stop necessary to serve adequately an improved property
and the location of such service connection shall be determined by
the Authority. If any person shall request a service connection of
greater capacity than that determined by the Authority to be adequate,
or if any such person shall request that a service connection be located
in a location different than that determined by the Authority, the
Authority, in its discretion, may install such service connection
in accordance with the request of such person.
E.
When it is necessary to replace an existing service
connection from the water main to the curb stop, the Authority will
provide for the replacement of said service connection in the same
location as the old service connection; provided, however, that if
the owner of the particular improved property, for his own convenience,
desires the new service connection at some other location and agrees
to pay to the Authority all expenses of cutting off the old service
connection at the water main and any other additional expenses incurred
by the Authority in complying with said request, then the Authority
will install the new service connection at the location desired, if
said location is approved by the Authority.
F.
Only person authorized by the Authority shall be permitted
to make service line and service connection installations.
G.
The Authority may reserve 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 regulation, to the extent appropriate, shall be and shall
be construed as part of this article.
[Amended 5-13-1974 by Ord. No. 207]
A.
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine not to exceed $1,000 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days. Each day that a violation of this article continues shall constitute
a separate offense.[1]
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.
It is declared that enactment of this article
is necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of this Township and of the
users and operators of the water system.
