[Ord. 1988-11, 9/14/1988, § 1]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context.
Extension from the water system of any structure to the lateral
of a main.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, mining, dredging,
filling, grading, excavation, or drilling operations, and the subdivision
of land.
Any building which is designed for human living quarters,
but not including hotels, boardinghouses, tourist cabins, motels and
other accommodations used for transient occupancy.
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority, or other group
or entity.
Any waterworks, water supply works, water distribution system
or part thereof, designed, intended or constructed to provide or distribute
potable water.
The Township of Kingston, Luzerne County, Pennsylvania.
All facilities, as of any particular time, for production,
transmission, storage and distribution of water in the Township.
[Ord. 1988-11, 9/14/1988, § 2]
1.
The owner of any improved property abutting upon 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 a manner as the Township
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.
2.
The notice by the Township to make connection to a main, referenced to in § 202, Subsection 1, 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 the law.
[Ord. 1988-11, 9/14/1988, § 3]
1.
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 the Township.
3.
No person shall make or shall cause to be made a connection of any
improved property to a main until such a person fulfills each of the
following conditions:
A.
Notify the Township of the desire and intention to connect such improved
property to a main;
C.
Give the Township at least 24 hours' notice before such connection
will be made in order that the Township may supervise and inspect,
or may cause to be supervised and inspected, the work of connection
and necessary testing; and
D.
If applicable, 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 who connects
such improved property to a main has been paid.
4.
Except as otherwise provided in this Subsection 4, each improved property shall be connected separately and independently with a main, through a building main. Grouping of more than one improved property on one building main shall not be permitted, except under special circumstances and for good cause shown, but then only after special permission of the Township, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by the Township.
5.
All costs and expenses of construction of a building main, and all
costs and expenses of connection 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 from
all loss or damage that may be occasioned, directly or indirectly,
as a result of construction of a building main or of connection of
a building main to a main.
6.
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.
7.
If the owner of any improved property located within the Township and abutting upon the water system, subject to the exception provided for in § 202, Subsection 1, after 90 days' notice from the Township, in accordance with § 202, Subsection 1, shall fail to connect such improved property, the municipality may construct such connection and collect from such owner the costs and expenses thereof, in any manner permitted by law.
[Ord. 1988-11, 9/14/1988, § 4]
1.
No building main shall be covered until it has been inspected and
approved by the Township. 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 building main of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
3.
Every excavation for a building main shall be guarded adequately
with barricades and lighted 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.
4.
If any person shall fail or shall refuse, upon receipt of a notice
in writing of the Township, to remedy any unsatisfactory condition
with respect to a building main within 60 days of receipt of such
notice, the Township may refuse to permit such person to be served
by the water system until such unsatisfactory condition shall have
been remedied to the satisfaction of the Township.
5.
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 construed
as part of this Part.
[Ord. 1988-11, 9/14/1988, § 5]
In the event it is deemed appropriate, the Township may require
the owner, at his cost, to conduct an environmental impart study of
connection to an existing water system. Criteria for said study shall
be provided by the Township Engineer in accordance with existing principals
of engineering and design and any regulations of the Commonwealth
of Pennsylvania Department of Environmental Resources and the Pennsylvania
Public Utility Commission.
[Ord. 1988-11, 9/14/1988, § 6]
In the event any person shall deem the requirement to connect
as provided in this Part a hardship, such person may appeal to the
Township for relief from such connection requirement, which appeal
shall be heard in accordance with provisions of the Pennsylvania Local
Agency Law.
[Ord. 1988-11, 9/14/1988, § 7; as amended by Ord.
97-3, 11/12/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a 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 day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
