[HISTORY: Adopted by the Board of Supervisors
of the Township of Maidencreek as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-24-1987 by Ord. No. 99]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this article shall be as
follows:
Maidencreek Township Water Authority, a municipality authority
of the commonwealth.
The extension from the internal water service line system
of any structure to the curb stop of an Authority water service line.[1]
The Commonwealth of Pennsylvania.
Any property within this Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals.
Any improved property located within this Township and used
or intended for use, wholly or in part for the manufacturing, processing,
cleaning, laundering or assembling of any product, commodity or article.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipality authority or other
group or entity.
Includes any street, road, lane, court, cul-de-sac, alley,
public way or public square.
The Township of Maidencreek, Berks County, Pennsylvania,
a municipal subdivision of the commonwealth, acting by and through
its Board of Supervisors or, in appropriate cases, acting by and through
its authorized representatives.
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
That part of the water system extending from an Authority
water main to the curb stop located on the owner's property line.
All facilities, as of any particular time, for collecting,
distributing, transmitting, and treating of water, situate in or adjacent
to this Township and owned by the Authority.
A.Â
The owner of any improved property accessible to and
whose principal building is within 150 feet from the water system
shall connect his/her improved property with and shall use this water
system, in the manner as this Township may require, within 90 calendar
days after notice to the owner from this Township to make this connection;
subject, however, to any limitations and restrictions as shall be
established herein or otherwise shall be established by this Township,
from time to time. This article shall not apply to any owner who,
on the date of this article's adoption, is supplied by a noncontaminated
water supply. However, this article shall apply to any owner who,
after the date of this article's adoption, has:
B.Â
The notice by this Township to make a connection to the water main, referred to in Subsection A, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that a connection shall be made within 90 calendar days after the date a notice is given or served. This notice may be given or served at any time after a water main is in place which can distribute water to particular improved property. This notice shall be given or served upon the owner in accordance with law.
A.Â
No person shall uncover, shall connect with, shall
make any opening into or shall use, shall alter or shall disturb,
in any manner, any water main or any part of the water system without
first obtaining a permit, in writing, from this Township.
B.Â
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 the duly authorized agent of an owner.
C.Â
No person shall make or shall cause to be made a connection
of any improved property with the water system until each of the following
conditions have been fulfilled:
(1)Â
The person shall have notified the Secretary of this
Township of the desire and intention to connect the improved property
to the water system;
(2)Â
The person shall have applied for and shall have obtained a permit as required by Subsection A;
(3)Â
The person shall have given the Secretary of the Township
at least 72 hours' notice of the time when the connection will be
made so that this Township may supervise and inspect or may cause
to be supervised and inspected the work of connection and necessary
testing; and
(4)Â
If applicable, the person shall have furnished satisfactory
evidence to the Secretary of this Township that any tapping (or connection)
fee which may be charged and imposed by the Authority against the
owner of each improved property who connects the improved property
to the water system has been paid.
D.Â
Except as otherwise provided in this Subsection D, each improved property shall be connected separately and independently with the water system through a building water service line. Grouping of more than one improved property on one building water service line shall not be permitted, except under special circumstances and for good health reasons or other good cause shown, but then only after special permission of this Township, in writing, shall have been secured and only subject to any rules, regulations, and conditions as may be prescribed by this Township.
E.Â
All costs and expenses of construction of a building
water service line and all costs and expenses of connection of a building
water service line to the water system shall be borne by the owner
of the improved property to be connected; and the owner shall indemnify
and save harmless this Township and the Authority from all loss or
damage that may be occasioned, directly or indirectly, as a result
of construction of a building water service line or of connection
of a building water service line to the water system.
F.Â
A building water service line shall be connected to
the water system at the place designated by this Township or by the
Authority.
G.Â
If the owner of any improved property located within this Township and accessible to and whose principal building is within 150 feet from the water system, after 90 calendar days' notice from this Township, in accordance with § 214-2A, shall fail to connect such improved property, as required, this Township may enter upon the improved property and construct the connection and may collect from the owner the costs and expenses thereof in the manner permitted by law.[1]
A.Â
Where an improved property's connection to this water
system is required that had previously been served by its own on-site
water system, the existing building water line shall be broken on
the structure side of this on-site water system and attachment shall
be made, with proper fittings, to provide water service to this improved
property.
B.Â
No building water service line/water service line
shall be covered until it has been inspected and approved by this
Township. If any part of a building service water line/water service
line 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 an Authority water line.
C.Â
Every building water service line of any improved
property shall be maintained in a sanitary and safe operating condition
by the owner of the improved property.
D.Â
Every excavation for a building water service line/water
service line shall be guarded adequately with barricades and lights
to protect all Persons from damage and injury. Any street, sidewalk
and other public property disturbed in the course of installation
of a building water service line/water service line shall be restored,
at the cost and expense of the owner of the improved property being
connected, in a manner satisfactory to this Township.
E.Â
If any person shall fail or shall refuse, upon receipt
of a notice of this Township or the Authority in writing, to remedy
any unsatisfactory condition with respect to a building water service
line within 90 calendar days of receipt of notice, this Township or
the Authority may refuse to permit any person to use the water system
until the unsatisfactory condition shall have been remedied to the
satisfaction of this Township and the Authority.[1]
F.Â
This Township reserves the right to adopt, from time
to time, additional rules and regulations as it shall deem necessary
and proper relating to connections with an Authority water main and
the with the water system, which additional rules and regulations,
to the extent appropriate, shall be and shall be construed as part
of this article.
It is declared that enactment of this article
is necessary for the protection, benefit and preservation of the health,
safety and welfare of inhabitants of this Township.
[Adopted 12-13-1988 by Ord. No. 107]
As used in this article, the following terms
shall have the meanings indicated:
The Maidencreek Township Water Authority.
Maidencreek Township.
Any procedure or method deemed appropriate for curtailing
water use including rationing.
Water conservation measures shall be placed
into effect for this Township from time to time as may be deemed appropriate
through resolution of the Authority. When water conservation measures
are in effect, no person, firm, or corporation shall use any water
in violation of any provision of this article or implementing resolution
of the Authority.
The water conservation measures that may from
time to time be placed into effect pursuant to this article shall
be established and administered on behalf of this Township by the
Authority.
The necessity for water conservation measures
may occur through directives or recommendations of any federal or
state governmental unit or the Authority as the Authority may from
time to time deem necessary. This article's water conservation measures
shall be implemented by an appropriate resolution of the Authority.
This resolution shall specify the water conservation measures required.
Prior to this resolution's adoption, a minimum of three days' notice
shall be given to the public through one advertisement appearing in
a local newspaper of general circulation setting forth the date, time,
and place that this resolution will be considered for adoption by
the Authority. Upon this resolution's adoption, the Authority shall
notify the public through advertisement or other means of its adoption.
When water conservation measures are no longer
required, the Authority shall notify the public through advertisement
or other means that these measures are no longer in effect.
This article's water conservation measures may
be in addition to any other federal or state governmental directive
requiring voluntary or mandatory water conservation measures for the
Township.
The remedies provided herein for the enforcement
of this article or any remedy provided by law, shall not be deemed
mutually exclusive; rather they may be employed simultaneously or
consecutively at the option of the Township.