[Ord. 221, 4/15/2002, § 1]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Wernersville Municipal Authority, a body corporate and politic
organized under the Municipality Authorities Act of 1945.
An extension or service pipe from the lateral to any structure
to be connected thereto.
Any property upon which there is erected a structure intended
for continuous or periodic habitation, occupancy or use by human being
or animals, excluding however, from the mandatory connection provisions
of this Part: (i) all structures existing as of April 20, 2002; and
(ii) any property upon which there is an on-site well producing potable
water as of April 20, 2002.
Any improved property used or intended for use, wholly or
in part, for the manufacturing, processing, cleaning, laundering or
assembling of any product, commodity or article.
Part of the Authority's water system extending from a main
to the curb stop and curb stop box, located at the curbline or, if
there shall be no curbline, extending to the property line or;
Shall mean the same as a service connection or service line,
as those terms are defined in the Rules and Regulations.
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
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.
The current rules and regulations regarding the use of the
water system and connections thereto, as adopted and amended by the
Authority from time to time.
The Township of Lower Heidelberg, Berks County, Pennsylvania.
All facilities, including laterals, as of any particular
time, for production, transmission, storage and distribution of water
in the Township owned by the Wernersville Municipal Authority and
serving or available to serve an improved property or industrial establishment
through the Authority's main located or to be located from the
terminus of the existing twelve-inch pipe just north to St. John's
Hain's Church, northerly to Brownsville Road, in Church Road
and easterly in Brownsville Road and Reber's Bridge Road to an
area just west of Water Street.
[Ord. 221, 4/15/2002, § 1]
(a)
The owner of any improved property whose property line is within
100 feet from the water system, except any improved property which
shall constitute an industrial establishment or a farm which has its
own supply of water for uses other than human consumption, shall connect
such improved property with and shall use such water system in such
manner as the Township and the Authority may require, within 90 days
after notice to such owner from the Township to make such connection;
subject to such limitations and restrictions as shall be established
herein or otherwise shall be established by the Township or the Authority;
provided, however, that the Township shall not revise the mandatory
connection provisions contained herein without the prior consent and
approval of the Authority.
(b)
The notice by the Township to make connection to a main referred to in Subsection (a) of this section shall consist of a copy of this Part, including any amendments and/or supplements at the time in effect, or a summary of each section thereof, and a written or printed document requiring the connection in accordance with the provisions of this Part and specifying that such connection shall be made within 90 days after the date such notice is given or served. Such notice may be given or served at any time after a main is in place which can deliver water to the particular improved property. Such notice shall be given or served upon the owner in accordance with law.
(c)
Nothing herein shall prohibit the owner of any structure within the
Township from voluntarily connecting to the water system. If the owner
of any structure voluntarily requests permission to connect to the
water system and such permission is granted, then such owner and the
structure to be connected shall abide by all other sections of this
Part and the Rules and Regulations regarding connections of an improved
property in making such connection.
[Ord. 221, 4/15/2002, § 1]
(a)
Except for the Authority, no person shall uncover, connect with,
make any opening into, use, alter or disturb, in any manner, any main
or any part of the water system without first obtaining a permit in
writing from both the Township and the Authority, which permits shall
not be unreasonably withheld.
(b)
Application for a permit required under Subsection (a) of this section shall be made by the owner of the improved property served or to be served with notice as provided in Section 102(a) of this Part, or by the duly authorized agent of said owner.
(c)
No person shall make or shall cause to be made a connection of any
improved property to the water system until such person fulfills each
of the following conditions:
(1)
Notify the Township and the Authority of the desire and intention
to connect such improved property to a lateral or main;
(2)
Apply for and obtain a permit(s) as required by Subsection (a)
of this section;
(3)
Give to both the Township and the Authority at least 24 hours'
notice before such connection will be made in order that the Township
and/or the Authority may supervise and inspect or may cause to be
supervised and inspected the work of connection and necessary testing;
and
(4)
If applicable, furnish satisfactory evidence to the Township
that any tapping, connection or customer facilities fees which may
be charged and imposed by the Authority against the owner of each
improved property who connects such improved property to a lateral
or main has been paid or provisions for payment, acceptable to the
Authority, have been made.
(5)
Having complied with all Rules and Regulations regarding connections
to the water system.
(d)
Except as otherwise provided in this Subsection 4, each improved
property shall be connected separately and independently to a main
through a lateral. Grouping of more than one improved property on
one lateral or house connection shall not be permitted, except under
special circumstances and for good cause shown, but then only after
special written permission from both the Township and the Authority
shall have been secured and only subject to such rules, regulations
and conditions as may be prescribed by the Township and the Authority.
In the event there is a difference of opinion between the Township
and the Authority on granting such special permission, the opinion
of the Authority shall be controlling.
(e)
All costs and expenses of construction of a lateral and a house connection
and all costs and expenses of connection of a house connection to
a lateral and of a lateral 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 and the Authority from all loss
or damage that may be occasioned, directly or indirectly, as a result
of construction of a house connection and the connection of a house
connection to a lateral, and if special permission has been granted
by the Authority to allow an owner to construct a lateral, as a result
of the construction of the lateral and the connection of a lateral
to a main.
(f)
A lateral shall be connected to a main at the place designated and
approved by the Authority or the Authority and the Pennsylvania Department
of Transportation if the main is located in a state highway. A smooth,
neat joint shall be made and the connection of a house connection
to the lateral shall be made secure and watertight in accordance with
the Rules and Regulations.
(g)
If the owner of any improved property located within the Township
and abutting upon the water system, subject to the exception provided
for in Subsection 102(a), after 90 days' notice from the Township,
in accordance with Section 102(a), shall fail to connect such improved
property, the Township may construct and provide for such connection
and collect from such owner the costs and expenses thereof in any
manner permitted by law, excluding the tapping, connecting or customer
facilities fees, which shall be paid directly by owner to the Authority.
In the event any owner required to connect to the water system fails
to pay the applicable tapping, connection or customer facilities fees
owed to the Authority, then the Township of Lower Heidelberg upon
request of the Authority shall cooperate with the Authority in filing
a municipal lien upon such improved property for which a required
tapping, connection or customer facilities fee has not been paid.
The Authority shall have the right to prohibit the Township from making
the connection of an improved property to the water system until,
in the opinion of the Authority, arrangements for payment or collection
of the applicable tapping, collection or customer facilities fee shall
be made.
[Ord. 221, 4/15/2002, § 1]
(a)
Connection Fee. Since the Authority shall install the lateral, a
connection fee shall be paid to the Authority by the owner of an improved
property connecting to the water system, in accordance with the Rules
and Regulations.
(b)
Customer Facilities Fee. A customer facilities fee shall be paid
to the Authority by the owner of an improved property connecting the
water system, as reimbursement for providing and/or installing the
meter which will monitor the water used at the improved property,
in accordance with the Rules and Regulations.
(c)
Tapping Fee. A tapping fee shall be paid to the Authority by the
owner of an improved property connecting to the water system in accordance
with the then applicable Tapping Fee Resolution of the Authority.
[Ord. 221, 4/15/2002, § 1]
(a)
No house connection shall be covered until it has been inspected
and approved by the Township. If any part of a house connection is
covered before 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.
(b)
No lateral shall be covered until it has been inspected and approved
by the Authority. If any part of a lateral is covered before 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.
(c)
Every house connection of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
(d)
Every excavation for a house connection or lateral 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 house connection or lateral shall
be restored, at the cost and expense of the owner of the improved
property being connected, in a manner satisfactory to the Township,
the Authority and the Pennsylvania Department of Transportation, if
applicable.
(e)
If any person shall fail or shall refuse, upon receipt of a notice
in writing of the Township, the Authority or the Pennsylvania Department
of Transportation to remedy any unsatisfactory condition with respect
to a lateral or house connection, within 60 days of receipt of such
notice, the Township or the Authority may refuse to permit such person
and his improved property to be served by the water system until such
unsatisfactory condition shall have been remedied to the satisfaction
of the Township, the Authority and the Pennsylvania Department of
Transportation.
(f)
The Township and the Authority reserve the right to adopt, from time
to time, additional rules and regulations they shall deem necessary
and proper relating to connections to 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. 221, 4/15/2002, § 1]
In the event any person shall deem the requirement to connect
as provided in this Part a hardship, which is not economic in nature,
such person may appeal such noneconomic hardship to the Township Board
of Supervisors for relief from such connection requirement, which
appeal shall be heard in accordance with provisions of the Pennsylvania
Local Agency Law.
[Ord. 221, 4/15/2002, § 1]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be subject to pay a fine of not more than
$600, and in default of payment to imprisonment for a term not to
exceed 30 days. Each day that a violation of this Part continues shall
constitute a separate offense.
[Ord. 221, 4/15/2002, § 1]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Township Board of Supervisors that this Part would have been adopted
had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
