[Ord. 3-2001, 4/11/2001, § 1.1]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any property located within the Township upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings.
A pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
Any contiguous parcel or tract of land under single ownership,
used or intended to be used for the placement of two or more mobile
homes for nontransient use, together with the required improvements
and facilities upon the land, whether or not consideration or rental
is required for the use of the parcels or facilities thereon.
Any person vested with ownership, legal 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.
Canton Township, Washington County, Pennsylvania.
Community water system to be supplied to the following locations
within the Township: Route 844 to the Township line, Smiley Road,
Ward and Angott Road, South Hewitt Road, McClay Road, Haney Road,
Hains Road, Miller Road, and West Wylie Avenue to South Hewitt also
referred to as the "project."
All facilities for providing, the production, transporting,
transmission, storage and distribution of water in the Township of
Canton owned by the Pennsylvania American Water Company (PAWC) for
maintenance, operation utilized for human use and consumption wherever
situated, leased to or under contract or agreement with the Township
for its operation and use for Water Project 2000.
Rental charged by PAWC to all properties using the water
system for the cost of transporting and supplying water.
[Ord. 3-2001, 4/11/2001, §§ 2.1 — 2.3]
1.
The project shall be known as Water Project 2000.
2.
The Board of Supervisors shall contract with PAWC to provide for
the design, construction, location, financing, and administration
of the project.
3.
To effectuate the project, the Board of Supervisors are authorized
to transfer to PAWC any easements necessary for construction and maintenance
of the water system within and upon property owned by the Township
and within existing Township highway, street, road and alley right-of-ways.
Upon completion of the project, the Township may convey the water
system to PAWC.
[Ord. 3-2001, 4/11/2001, §§ 3.1 — 3.7]
1.
All owners of Improved Property with a dwelling unit, principal building,
mobile home park, or occupied structure within 150 feet from a water
pipeline presently being constructed shall connect to the water system
within 90 days after notice to the owner from the Township to make
such connection; subject to such limitations, restrictions, and exceptions
provided herein. The owner shall connect to the water system at the
owner's expense in the manner required by the rules and regulations
of PAWC.
2.
All owners of improved property with a dwelling unit, principal building,
mobile home park, or occupied structure which shall be constructed
or erected within 150 feet from a water pipeline of this water system
shall connect to the water system within 90 days after notice to the
owner from the Township to make such connection; subject to such limitations,
restrictions, and exceptions provided herein. The owner shall connect
to the water system at the owner's expense in the manner required
by the rules and regulations of PAWC. Occupancy permits under the
Township's zoning, subdivision, or building codes and ordinances
may not be issued before the connection is properly completed and
approved in writing by an agent of PAWC.
3.
All owners and occupants of improved property connected to the water
system shall use the water system's water for human consumption.
Those industries and farms with their own on-lot source of water may
continue to use same for uses other than human consumption, but are
required to use the water system to provide water for human consumption.
No owner or occupant of improved property may cross-connect the water
system with any nonpublic water source or system.
4.
No person shall uncover, connect, with, make any opening into, or
use, alter, or disturb in any manner any part of the water system
unless the owner of the improved property shall first obtain a permit
in writing from the Township.
5.
Every person connecting to the water system shall give the Township
at least 24 hours' notice of the time when the actual connection
will be made so that PAWC may supervise and inspect the connection
and perform necessary testing. At the time of connection the owner
of the improved property shall permit the PAWC representative conducting
the inspection full and complete access to all water facilities in
each building and in and about all parts of the improved property.
No water connection line shall be covered or in any way concealed
until it has been inspected and approved by PAWC.
6.
Each principal building or dwelling shall be connected separately
and independently to the water system. Grouping more than one structure
onto one connection shall not be permitted except by written consent
of the Township. Mobile home park owners shall install pipelines to
connect each mobile home within the park. All connections are subject
to the rules, regulations and conditions prescribed by the Township
and PAWC.
7.
If required, any person connecting to the water system shall furnish satisfactory evidence to the Township that any tapping (or connection) fee which may be charged and imposed by the Township against the owner of each improved property to a main has been paid or is in compliance as stated in § 26-105, "Fees," of this Part.
[Ord. 3-2001, 4/11/2001, §§ 4.1 — 4.4;
as amended by Ord. 2-2002, 5/15/2002, § 1]
2.
In such case the Township Supervisors shall, upon completion of the
work, send an itemized bill for the cost of the connection to the
owner of the improved property which bill shall be payable forthwith.
3.
In case of neglect or refusal by the owner of the Improved Property
to pay the bill within six months after the date of completion of
construction by the Township Supervisors, the Supervisors shall promptly
file a municipal lien for the cost of construction, which shall be
subject in all respects to the general law provided for filing and
recovery of municipal liens.
4.
Every person who shall violate this Part, upon conviction thereof
in an action brought before a Magisterial District Justice in the
manner provided for the enforcement of summary offenses under the
Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each seven days that a violation shall continue shall be deemed
to be a separate offense and shall be assessed as such.
[Amended at time of adoption of Code]
[Ord. 3-2001, 4/11/2001, §§ 5.1 — 5.4;
as amended by Ord. 5-2001, 6/13/2001, § 5.2]
1.
The Board of Supervisors are authorized by resolution to advance
to PAWC, on behalf of the owners of Improved Property within the project,
up to the sum of $260,249 for the cost of construction of Water Project
2000.
2.
The Township is authorized to pay to Malone Ridge Water Project participants
on behalf of the owners of improved property within the water system
up to the sum of $1,527.81 per parcel; provided, that said sum was
paid by them as an assessment for the Malone Ridge booster station.
This payment shall be recouped by the Township from the owners of
improved property through tapping fees charged to each owner of improved
property who connects to the water system. The procedure for distribution
of payments to the Malone Ridge Water Project Participants shall be
determined by resolution of the Board of Supervisors.
3.
Tapping fees shall be determined by the Township, with the advice
of PAWC, when the final cost of the project is computed, but it is
presently estimated that the fees are to be as follows:
A.
Tapping fee: $950 per improved property.
4.
Fees shall be payable pursuant to the following terms and conditions:
A.
Water use and line connection rates shall be set by PAWC and shall
not exceed those charged to all other PAWC consumers in Washington
County;
B.
Tapping Fees for structures existing as of the date of this Part
shall be payable to the Township Treasurer in the following manner:
(1)
One lump sum for the total amount due and owing on or before
the date of the connection permit; or,
(2)
Semi-annual payments of 25% of the total amount due over a two-year
period with 0% the first year, at the start of the second year anniversary
date an interest rate of 6% per annum shall apply; or,
(3)
Quarterly payments in the amount of 1/4 of the total amount
due over a two year period with 0% the first, year, at the start of
the second year anniversary date an interest rate of 6% per annum
shall apply; or,
(4)
Monthly payments in the amount of 1/24 the total amount due
over a two-year period with 0% the first year, at the start of the
second year anniversary date an interest rate of 6% per annum shall
apply; or,
(5)
One payment a year over a two-year period with 0% the first
year, at the start of the second year anniversary date an interest
rate of 6% per annum shall apply.
(6)
Person(s), owner(s) selecting incremental payment schedules
that make payment in full within the first 90 days of the contractual
obligation shall have a 2% discount applied to the remaining final
balance.
C.
Any owner of Improved Property intending to pay the assessment and
tapping fees in installments must execute a written installment payment
agreement with the Township on or before the date of the connection
permit.
D.
Interest upon installment payments shall be charged at the rate of 6% per annum commencing one year after the date of the connection permit. All payments must be completed within 24 months after the date of the connection permit per § 26-105 of this chapter.
E.
In the case of default in the payment of any installment or interest
for a period of 60 days after the same shall become due, the entire
balance due with accrued interest thereon shall become accelerated
and immediately due; and the Township Solicitor shall proceed to collect
the same under the general laws relating to collection of municipal
claims together with allowable attorney's fees, costs and expenses.
F.
Any owner objecting to the amount of the assessment as determined
by the Township under the formula set forth herein above may request
a board of view in accordance with the Second Class Township Code,
53 P.S. § 67613.
G.
At the time that one or more new structures are constructed or erected
on property that is currently improved property or unimproved property,
a separate tapping fee must be paid in full for each of the following
as a condition of receiving a permit to connect to the water system:
(1)
A building under one roof, owned or leased by one party, and
occupied as one dwelling unit or as one business.
(2)
Each unit of a multi-unit building in which each unit is used
and occupied as a dwelling for one family or the premises for one
business, even though the water closet and other plumbing fixtures
may be used in common.
(3)
Each apartment, 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 halls and one or more means of entrance.
(4)
Each mobile home in a mobile home park.
I.
All costs and expenses of construction of a building main and all
costs and expenses of connections of a building main 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 of
Canton from all loss or damage that may be occasioned directly or
indirectly, as a result of construction of a building main or connection
of a building main to a main.
J.
A building main shall be connected to a main at the place designated
by the Township and where, if applicable, the lateral is provided.
A smooth, neat joint shall be made and the connection of a building
main to the lateral shall be made secure and watertight.
K.
Any owner eligible for an agricultural assessment, exemption as determined
by the Second Class Township Code, 53 P.S. § 1241, must
apply for same and provide the Township with a certification of the
exemption within 60 days after notice from the Township to connect.
Applications for same may be obtained at any time from the Township
office. Thereupon the owner shall not be liable for the cost of installation
of the water lines provided that the owner or occupants do not connect
to the water system and do not change the use of the land.
[Ord. 3-2001, 4/11/2001, §§ 6.1 — 6.3]
1.
No building main shall be covered until it has been inspected and
approved by the PAWC. 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 to a main.
2.
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 the improved property being connected,
in a manner satisfactory to the Township.
3.
The Township reserves the right to adopt from time to time, additional
rules and regulations it shall deem necessary and proper relating
to connections with a main and with the water system, which additional
rules and regulations to the extent appropriate, shall be and shall
be construed as part of this Part.
[Ord. 4-2006, 6/20/2006, § 1]
This Part shall be known and cited as the Township of Canton
"Mandatory Water Line Connection Ordinance."
[Ord. 4-2006, 6/20/2006, § 2]
The purpose of this Part is to require all abutting owners of
property in Canton Township to connect with and use a water supply
system provided by a community water system and in the alternative
to authorize Canton Township to make such connection and to recover
the costs thereof in case of neglect or refusal of the owners to do
so.
[Ord. 4-2006, 6/20/2006, § 3]
Any system, whether publicly or privately owned, for the
supply of water.
The water line on the property of an abutting property owner
from the water distribution line to the location of the meter of an
abutting property owner.
A device for measuring the quantity of water used, to be
installed by a community water system, on the premises of the abutting
property owner.
The water distribution system constructed and operated by
a community water system and to include the acquisition of all necessary
lands, easements and rights-of-way and the construction of a water
works system including pumping stations, water distribution system,
fire hydrants, valves and appurtenances thereto.
[Ord. 4-2006, 6/20/2006, § 4]
Each owner of any house, building, structure or property used
for human occupancy, employment, recreation, or other purpose situated
within the Borough and within 200 feet of any street, alley or right-of-way
in which there has been constructed a water supply system shall connect
to such water supply system within 60 days after the date of notice
to do so given in the manner prescribed by law by the Board of Supervisors
of the Township of Canton or their agent.
[Ord. 4-2006, 6/20/2006, § 5]
Unless the cost of the connection, as hereinafter defined, is
borne by an agency of the state or federal government, pursuant to
law and regulation, then the cost of connection shall be at the sole
expense of the owner of any property for which connection is mandatory.
[Ord. 4-2006, 6/20/2006, § 6]
In case any owner of property shall neglect or refuse to connect
with said water system for a period of 60 days after notice to do
so has been served upon him by the Township or their agents, either
by personal service or by registered mail, the Township or its agents
may enter upon such property and construct such connection. In such
case, the Township shall forthwith, upon completion of the work, send
an itemized bill of the costs of construction of such connection to
the owner of the property to which connection has been made, which
bill shall be payable forthwith or the Township may authorize the
payment of the cost of construction of connections in equal monthly
installments, to bear interest at a rate not exceeding 7% per annum,
for a period not to exceed one year.
[Ord. 4-2006, 6/20/2006, § 7]
The cost of construction of the connection shall include the
cost of construction of the service line on the property of the abutting
owner for the distribution line and all necessary connections and
equipment.
[Ord. 4-2006, 6/20/2006, § 8]
The cost of construction of the connection shall be payable
at the office designated from time to time by the Council either in
whole within 30 days, or in equal monthly installments with interest
at the rate of 7% per annum from the date of completion of construction.
In case of default in the payment of any installment and interest
for a period of 60 days after the same shall become due, the entire
cost of construction of connection and accrued interest shall become
due; and, the Borough Solicitor shall proceed to collect the same
under the general laws relating to the collection of municipal claims.
[Ord. 4-2006, 6/20/2006, § 9]
Each owner of any premises set forth in this Part hereof shall
make application in writing to a community water system for water
service. Such application shall be in such form as the community water
system shall designate.
[Ord. 4-2006, 6/20/2006, § 10]
No person shall maliciously, wilfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenance,
or equipment which is a part of a community water system.
[Ord. 4-2006, 6/20/2006, § 11]
Any duly authorized employees or agents of the Township or a
community water system bearing proper credentials and identification
shall be permitted to enter upon all properties for the purpose of
inspection, observation, measurements, sampling and testing in accordance
with the provisions of this Part.
[Ord. 4-2006, 6/20/2006, § 12]
1.
No person shall uncover, connect with, make any opening into, or
use, alter, or disturb in any manner any part of the water system
unless the owner of the improved property shall first obtain a permit
in writing from the Township.
2.
Every person connecting to the water system shall give the Township
at least 24 hours' notice of the time when the actual connection
will be made so that PAWC may owner of the improved property shall
permit the PAWC representative conducting the inspection full and
complete access to all water facilities in each building and in and
about all part of the improved property. No water connection line
shall be covered or in any way concealed until it has been inspected
and approved by PAWC.
3.
Each principal building or dwelling shall be connected separately
and independently to the water system. Grouping more than one structure
onto one connection shall be permitted except by written consent of
the Township. Mobile home park owners shall install pipelines to connect
each mobile home within the park. All connections are subject to the
rules, regulations and conditions prescribed by the Township and PAWC.
4.
If required, any person connecting to the water system shall furnish satisfactory evidence to the Township that any tapping (or connection) fee which may be charged and imposed by the Township against the owner of each improved property to a main has been paid or is in compliance as stated in § 26-115 of this Part.
[Ord. 4-2006, 6/20/2006, § 13]
1.
Any person who violates or permits a violation of this chapter 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 chapter that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code]
2.
All fines and penalties imposed for violation of any part of this
Part shall be paid to the Secretary-Treasurer of Canton Township for
the use of the Township. Default in payment of the fine and costs
shall make the defendant liable to imprisonment for a term not to
exceed 30 days.
3.
Any person violating any of the provisions of this Part, in addition
to becoming liable for a fine and penalty, shall become liable to
the Township of Canton for any expense, loss or damage occasioned
the Township or a community water system by reason of such violation.
