[HISTORY: Adopted by the Board of Supervisors
of the Township of Independence as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-7-1999 by Ord. No. 99-1]
Unless the context specifically and clearly
indicates otherwise, the meaning of the terms and phrases used in
this article shall be as follows:
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, joint stock company, unincorporated association,
governmental body, political subdivision, Township or other group
or entity.
Independence Township, Washington County, Pennsylvania, a
political subdivision of the Commonwealth of Pennsylvania, acting
by or through its Board of Supervisors or, in appropriate cases, acting
by and through its authorized representatives.
Any company or entity, whether public or private, who shall
construct and/or operate a water system within the Township with the
approval of the Township. There may be more than one water supplier
providing service within the Township.
All facilities, as of any particular time, for providing,
transporting and supplying water for human use and consumption, situate
in or adjacent to the Township, owned by leased to or under contract
or agreement with the Township for operation and use.
A.
The owner of any improved property located within
the Township and accessible to and whose house, principal building
or occupied structure is within 150 feet from a water line which is
presently being constructed or which shall be constructed in the future,
or any new house, principal building or occupied structure which shall
be constructed within 150 feet of an existing water line, shall connect
to, at his own expense, and use such water system within 90 days after
notice to such owner from the Township 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 its designated
water supplier from time to time.
B.
Those industries and farms who have their own supply
of water for uses other than human consumption shall be exempt from
said connection requirement.
C.
The notice by the Township to make connection to the water system, referred to in Subsection A shall be given by the water supplier on behalf of the Township, in writing, and shall be served upon the owner either by personal service or by registered mail or be such other methods as shall be permitted by law.
A.
No persons shall uncover, connect with, make any opening
into or use, alter or disturb in any manner, any part of the water
system without first obtaining a permit, in writing, from the Township
or its designated water supplier.
B.
Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by a person authorized by the owner of the improved property to make such application to the Township or its designated water supplier.
C.
All connections to the water system must be done in
accordance with the specifications, plans and procedures established
by the designated water supplier.
D.
No person shall make or cause to be made a connection
of any improved property with the water system until such person shall
have fulfilled each of the following conditions:
(1)
Such person shall have notified this Township or its
designated water supplier of the desire and intention to connect such
improved property to the water system.
(3)
Such person shall have furnished any information required
by the Township or its designated water supplier prior to connections
and received any necessary approvals from the water supplier.
(4)
Such person shall have given the Township or its designated
water supplier at least 24 hours notice of the time when such connection
will be made so that the Township or its designated water supplier
may supervise and inspect the work of connection and necessary testing.
At the time of inspection of the connection, the owner of the improved
property shall permit the person conducting the inspection full and
complete access to all water facilities in each building and in and
about all parts of the property. No water connection line shall be
covered, or in any way concealed, until after it has been inspected
and approved.
E.
Except as otherwise provided in this Subsection E, each structure or principal building shall be connected separately and independently with the water system. Grouping of more than one structure on one connection shall not be permitted except under special circumstances and for good cause shown and then only after special permission of the Township or its designated water supplier, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by the Township or its designated water supplier.
A.
In the event the owner of an improved property shall neglect or refuse to connect with and use said water system following a period of 90 days after notice to do so as set forth in § 397-2A, the water supplier, or its agents, after notice to the Township, may enter upon such property and construct such connection.
B.
In such case, the water supplier shall, 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.
C.
In case of neglect or refusal by the owner of such
improved property to pay said bill within six months of the date of
completion of construction of said connection, the Township, at the
request of the water supplier, in the name of the Township and for
the benefit of the water supplier, shall file a municipal lien for
said construction, which shall be subject in all respects to the general
law providing for the filing and recovery of municipal liens.
D.
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 all costs of prosecution,
including, but not limited to, attorneys' fees, and in default of
payment thereof, shall be imprisoned for a term not to exceed 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. All fines and penalties collected for the violation of this
article shall be paid to the Township Treasurer.[1]
A.
The Township or its designated water supplier shall
have the right to access, at reasonable times, to any part of any
improved property served by the water system as shall be required
for purposes of inspection, measurement, sampling and testing and
for performance of other functions relating to service rendered by
the Township or its designated water supplier through the water system.
B.
The Township shall not be liable for a deficiency
or failure of service when occasioned by an emergency, required repairs
or for any cause beyond its control. The Township reserves the right
to restrict the use of the water system whenever the public welfare
may require it.
C.
The owner shall be responsible, at the owner's expense,
for seeing that all excavations for water connections shall be adequately
guarded with barricades and lights to protect the public from hazards
and that all streets, sidewalks and public property, disturbed in
the course of making a water connection, shall be restored in a manner
satisfactory to the Township or its designated water supplier for
such purpose.
D.
The owner shall indemnify and save harmless the Township
from any loss or damage directly or indirectly, caused by or arising
out of installation and/or connection on the improved property.
The Township reserves 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.
