[HISTORY: Adopted by the Board of Supervisors of the Township of Potter as indicated in article histories. Amendments noted where applicable.]
Subdivision and land development — See Ch. 184.
[Adopted 10-14-1996 by Ord. No. 4-1996 (Ch. 26, Part 1, of the 1998 Code of Ordinances)]
[Amended 3-16-1998 by Ord. No. 2-1998]
Authority for part. This article is adopted in conformance with and pursuant to authority granted by § 1506 of the Second Class Township Code, 53 P.S. § 66506, as amended, and the provisions of the Plumbing System Lead Ban and Notification Act, 35 P.S. § 723.1 et seq., as amended.
Title. This article shall be known and may be cited as the "Country Club Park Water System Ordinance."
Purpose. This article is necessary for the protection and preservation of the health, safety and welfare of the inhabitants of the Township.
Definitions. Unless the context clearly indicates otherwise, the following words and phrases shall have the meanings assigned below whenever they are used throughout this article.
- A person who applies to become a customer of the Township in accordance with § 213-3 of this article. A person shall not be eligible to be a customer unless the person is an owner or occupies the property to be served under a written lease of at least 12 months.
- BONA FIDE PROSPECTIVE CUSTOMER
- Any owner or lessee who is or will be the occupant of an existing premises owned or leased by him, which premises has a curbline abutting on that part of a street of highway in which there is or is to be located a distribution main of the Township and which premises will receive water upon application of the owner or lessee for water service to begin immediately following installation of the main and customer service line. This definition does not include applicants for temporary service.
- Any pipe, valve, other physical connection, or other arrangement or device connecting the pipelines or facilities of the Township to and with pipes and fixtures by which any contamination might be admitted or drawn into the distribution system of the Township from lines other than the Township's.
- A person who is an owner or occupant and who contracts with the Township for water service or takes or receives water service without a contract.
- CUSTOMER SERVICE LINE
- The service line extending from the end of the Township service line or connection to the point of consumption or the customer's premises.
- Any owner, promoter, broker, builder or contractor or similar individual or entity engaged in the development or improvement of real estate or in the construction of residences, as opposed to a person who will occupy the subject property or premises at the time permanent water service is established.
- Equivalent dwelling unit, as defined and further described in the attached schedule in this article, relating to rates and charges imposed by the Township in connection with this water system.
- EXTENSION DEPOSIT AGREEMENT
- An agreement between the Township and either a bona fide customer or a developer which includes: 1) the specifications for the main extension to be installed; 2) amounts to be paid; and 3) any other reasonable terms and conditions.
- IMPROVED PROPERTY
- A lot of land within the Township possessed for continuous or periodic occupancy or use by a human being or animal requiring water for such occupancy or use.
- When used with respect to solders and flux, shall mean solders and flux containing no more than 0.2% lead and, when used with respect to pipes and pipe fittings, shall mean pipes and pipe fittings containing not more than 8% lead.
- Any device used by the Township for the purpose of measuring water consumption.
- NONREFUNDABLE CONTRIBUTION AGREEMENT
- An agreement between the Township and a developer which is essentially identical to an "extension deposit agreement," except that the Township will not be required to pay refunds pursuant to a nonrefundable contribution agreement.
- A person vested with ownership, legal or equitable, sole or partial, of a property.
- A natural individual, firm, partnership, association, corporation or other group or entity which is the subject of legal rights and duties. Whenever used in any clause prescribing or imposing a penalty, "person" when applied to a firm, partnership or association shall mean the partners or members thereof and, when applied to a corporation, the officers thereof.
- PLUMBING SYSTEM
- All piping, fixtures and appurtenances used to transport water to, within and from a building, including all residential and nonresidential facilities and source, transmission, treatment and distribution facilities.
- PRIVATE FIRE PROTECTION SERVICE
- Water service provided exclusively for the purpose of fire protection that is available to particular customers only and not to all customers or the general public and that is provided through automated sprinkler systems, fire hydrants or similar mechanisms.
- A residence, commercial establishment, or other facility or lot or other parcel of land to which water is provided or for which the Township has installed a Township service line.
- PUBLIC FIRE PROTECTION SERVICE
- Water service provided exclusively to a political subdivision for the benefit of the public for the purpose of fire protection.
- RESIDENTIAL SERVICE
- Utility service supplied to a dwelling, including service provided to a commercial establishment if concurrent service is provided to a residential dwelling attached thereto. Neither utility service provided to a hotel or motel nor service to a property leased for a period 12 months or less will be considered for residential service.
- SERVICE CONNECTION
- The Township waterline from the water main to a curb stop or property line, with any related fittings, valves and curb stop.
- The Township of Potter, Centre County, Pennsylvania.
- TOWNSHIP SERVICE LINE
- The connection from the distribution facilities or pipeline extensions of the Township which connects any main with the inlet connection of the customer service line at the hypothetical or actual curbline or the actual property line, including the control valve and valve box. The control valve and box determine the terminal point for the Township responsibility for the street service connection.
- WATER MAIN
- A pipe or main of the water system used to distribute water.
- WATER SYSTEM
- The integrated facilities of the Township for obtaining, treating, storing and distributing water.
Editor's Note: The schedule is on file in the Township office.
Country Club Park exemptions. Owners who are customers of the water and sewer system of Country Club Park at the time of the enactment of this article shall not be required to file an application for source and shall not be required to pay a connection fee or customer facilities fee as set forth in § 213-5A and B herein.
Every owner of an improved property within the Country Club Park Development shall be connected to the water system in the manner required by the Township.
General rule. All applications for service must be in the form provided by the Township and signed by the owner or owners of the property to which water service can or will be provided, except that where a lessee of property occupies or uses the property under a lease having a fixed term of more than 12 months, a lessee may make an application for service in his, her or its name. The Township may also, at its sole discretion, require that a separate contract for service be signed by the applicant.
Change in ownership or tenancy. A new application must be made to the Township upon any change in ownership where the owner of the property is the customer or upon any change in the identity of a lessee when a lessee of the property is the customer. The Township shall have the right to discontinue water service, upon three days' notice, if a new application has not been made for the new customer.
Acceptance of application. An application for service shall be considered accepted by the Township only upon oral or written approval by the Township. The Township may provide service to the applicant pending review and acceptance of the application.
Application forms. May be obtained at the Township's office presently located at 124 Short Road, Spring Mills, Pennsylvania.
Water used for construction purposes. Where water is required for construction purposes, the application shall so indicate. Only metered facilities may be used for construction purposes.
Temporary service. In the case of temporary service for short-term use, the Township may require the customer to pay all costs of making the service connection and removing the material after the service has been discontinued or to pay a fixed amount in advance to cover such expenses. However, if the material is removed, the customer shall be credited with the reasonable salvage which the Township will receive on discontinuance of service.
Certification of lead-free materials. Before connection of a plumbing system to the water system, certification must be made to the Township on a form acceptable to it that the materials used in the construction of the plumbing system are lead-free. The certification shall be made by a person knowledgeable about the plumbing system. The Township shall refuse connection to the water system if certification is not made.
Independent connection. Each improved property shall be connected with the water system through a separate and independent building connection, except when, under special circumstances, for good cause shown, and subject to the rules, regulations and conditions of the Township, special permission in writing has been given by the Township.
Customer service line. The Township reserves the right to determine the size, kind and depth of customer service lines. The customer service line shall be furnished, installed, maintained and/or replaced, when necessary, by and at the sole expense of the customer.
Separate trench. The customer service line shall not be laid in the same trench with drain or sewer pipe, the facilities of any other public utility or of any municipality or municipal authority that provides a public utility service, or within three feet of any open excavation or walk unless a written exception is granted by the Township.
Customer's responsibilities. All service lines, connections and fixtures furnished by the customer shall be maintained by the customer in good working order. All valve, valve boxes, meters and appliances furnished by the Township and on the property owned or leased by the customer shall be protected properly by the customer. All leaks in the customer service line or any pipe or fixture in or upon the property supplied must be repaired immediately by the customer.
Right to reject. The Township may refuse to connect with any piping system or furnish water through a service already connected if such system/service is not properly installed or maintained. The Township may also refuse to connect if lead-based materials, as defined in the Safe Drinking Water Act, have been used in any plumbing beyond the Township's curb control valve. It shall be the customer's responsibility to provide the Township with any such certification which may be required to verify the absence or removal of such materials.
Editor's Note: See 35 P.S. § 721.1 et seq.
Water conservation standards for certain plumbing fixtures. Upon the order or recommendation of the Township or other state instrumentality with requisite authority, the Township may, at any appropriate time, implement water conservation standards for plumbing fixtures.
Generally. All service provided by the Township shall be metered, except for public fire protection.
Location of meters. The meter will be set after the customer has had the plumbing arranged to receive the meter at a convenient point approved by the Township so as to measure all water being supplied. Protection for the meter shall be provided by the customer. In cases where it is not practical to place the meter within the building, or if the customer so desires and the Township approves, or in cases where the service line is longer than 150 feet, an outside setting will be installed at a position selected by the Township at the customer's expense. The Township's standard for an outside meter setting shall be used. Relocation of the meter for the customer's convenience shall be at the customer's expense.
Damage to meters. Meters shall be maintained by the Township so far as ordinary wear and tear are concerned, but damage to meters caused by freezing, hot water or other negligent or willful acts of the customer shall be paid by the customer, including the actual cost of removing, replacing, repairing or testing damaged meters.
Notification to Township of nonworking or damaged meter. The customer shall notify the Township of a nonworking or damaged meter as soon as the customer has actual or constructive notice of either such condition.
Fees for meter tests. A schedule of fees for testing meters will be developed and kept on file at the Township office. This fee will be paid prior to testing the meter. If the meter shows an error of 4% or more overage, the testing fee will be reimbursed to the customer.
Multiple meters for a single customer. The owner of an improved property having more than one occupancy unit may elect to have a separate meter supplied and installed by the Township at the owner's expense for each unit; in which case, the minimum monthly water service charge will be made for each meter in addition to the charge for each 1,000 gallons in excess of the minimum.
Construction materials and methods. The materials and methods used in constructing the building connection shall be subject to approval or rejection by the Township. Detailed specifications shall be available at the Township offices.
Procedure during excavation. Every excavation for a building connection shall be guarded adequately with barricades and lights to protect persons and property from harm. Streets, sidewalks and other public property disturbed while making a building connection shall be restored at the cost and expense of the owner of the improved property in a manner satisfactory to the Township.
Pressure regulators. The customer may be required to install and maintain a pressure regulator or valve on his premises, if necessary, at the customer's sole expense. The pressure regulator shall be installed on the inlet side of the meter when the static pressure is 100 pounds per square inch (psi) or more at the customer's premises.
Cross-connections. No cross-connection shall be installed or continued. A cross-connection may be considered to be eliminated if the method of backflow prevention is approved by the Township in writing.
Inspection. The Township shall have the right to inspect an improved property to determine compliance with this article and the rules and regulations governing service from the water system.
Service prohibited in wetlands. Water service shall not be provided to new customers located in wetlands. All customers located in hydric or hydric-included soils, as defined by the "Soil Survey of Centre County, Pennsylvania," prepared by the U.S. Department of Agriculture, shall provide a wetland delineation prepared by a qualified wetlands expert showing that the construction of roads and structures are located outside the delineated wetland areas prior to approval of water service to the customer.
Connection fee required. Before connection to the water system, the owner of the improved property shall pay the Township a connection fee.
Customer facilities fee required. Before connection to the water system, the owner of the improved property shall pay the Township a customer facilities fee, which fee shall not exceed the actual cost of the building connection and the meter supplied and installed by the Township. The Township shall not charge a customer facilities fee for any facilities the owner of the improved property supplies and installs.
When certain fees not required. In lieu of the payment of a connection fee and/or a customer facilities fee, the Township may require the owner of an improved property to construct and dedicate to the Township the service connection, to construct the building connection or special purpose facilities necessary for the improved property, as the case may be.
Rates and charges. Every owner of an improved property connected to the water system shall pay charges for water service at reasonable rates for periods not longer than a calendar quarter. Each charge shall be due and payable not less than 30 days after billed and shall be increased by a penalty of $10 per month if not paid when due.
Turn-off and turn-on fees. The Township shall have the right, after at least 10 days' written notice and opportunity for a hearing, to discontinue water service to an improved property for which fees or charges are delinquent. Whenever the Township exercises such right, it shall charge and collect a turn-off fee and a turn-on fee, in addition to the delinquent fees and charges due, before restoring water service to the improved property. Water service may also be discontinued for delinquent sewer fees and charges according to the terms of this subsection. Any costs incurred by the Township to effectuate the turnoff and turn on of service under this section shall be charged to and paid by the customer prior to the restoration of service.
Meter testing fees. The schedule of fees and rates for testing water meters will be based on the direct costs for meter removal and testing. This fee will be paid prior to testing the meter. If the meter shows an error of 4% or more overage, the testing fee will be reimbursed to the customer.
Schedule of fees and rates. From time to time, by resolution adopted at a public meeting, the Township shall set the fees and rates imposed under this article and shall adopt and keep available to the public a schedule of fees and rates.
Shared water connections. No customer shall allow another customer whose service has been disconnected to tap into his water supply in any manner. In the event that the Township determines that such a tap has been made, the Township shall have the right, after 10 days' written notice and opportunity for a hearing, to discontinue water service to the improved property which has allowed a disconnected customer to tap into his water supply. Additional fees and charges as set forth in Subsection E shall apply.
Frequency. The Township will bill each customer within 15 days of the last day of each billing period.
Billing due date. The due date for the payment of a bill for all customers shall be 30 days from the date of transmittal. If the last day for payment should fall on a Saturday, Sunday or bank holiday when the offices of the Township are not open to the general public, the due date shall be extended to the next business day. For remittance of a bill for all customers by mail, the payment shall be deemed to have been made on the date of the postmark, or the Township may grant a five-day grace period for receipt after the due date.
Late payment charge. All amounts not paid when due shall accrue a penalty as defined in the schedule of fees and rates.
Change in billing address. When the customer changes his, her or its billing address and fails to notify the Township, the customer shall remain liable to remit payment by the payment date.
Returned check charges. The customer will be responsible for the payment of a charge as set from time to time by resolution of the Board of Supervisors per incident where a check which has been presented to the Township for payment of any bill is returned by the bank for any reason, including, but not limited to, nonsufficient funds, account closed, payment stopped, two signatures required, postdate, stale date, account garnished or unauthorized signature. This charge is in addition to any and all charges assessed by the bank.
Disputed bills. In the event of a dispute between the customer and the Township respecting any bill, the Township promptly will make such investigation as may be required by the particular case and report the result to the customer. When the Township has made such a report to the customer, sustaining the bill as rendered, the customer shall have 15 days from the date of such report in which to pay the bill. If the Township determines that the bill originally rendered is incorrect, the Township will issue a corrected bill with a new due date for payment. Any amounts received by the Township in excess of the amount disclosed to be due by the Township's investigation of the dispute shall be returned to the customer.
Deposits. The Township may require an existing customer to post a deposit to reestablish credit under the following circumstances:
As a condition to the reconnection of service following a termination.
Whenever a customer fails to comply with a material term or condition of settlement or payment agreement, whether or not service has been terminated.
The Township may require any applicant for temporary service to post a deposit.
Liens for fees and charges. Fees and charges imposed under this article with respect to an improved property shall be liens on the improved property until paid. Such liens shall be promptly perfected by appropriate filing in the office of the Prothonotary of Centre County, Pennsylvania, and shall be enforced in the manner provided by law for collection of municipal claims.
Civil actions. The Township may collect delinquent water fees and charges by civil actions.
[Amended 3-16-1998 by Ord. No. 2-1998]
Discontinuance by customer. A customer who wishes to have service disconnected shall give at least five days' notice to the Township specifying the date on which service is to be discontinued. In the absence of proper notice, the customer shall be responsible for all service rendered until the time that the Township shall have notice of the customer's intent to discontinue service. The customer shall not turn water on or off at any curb stop, or disconnect or remove the meter, or permit its disconnection or removal without the prior written consent of the Township. A customer discontinuing service retains his status as a former customer for purposes of paying restoration fees for a period of nine months.
Termination by Township. Service to the customer may be terminated for good cause, including, but not limited to, the following:
For making an application for service that contains material misrepresentations.
For willful or negligent waste of water through improper or imperfect pipes or fixtures or for willful or negligent failure to repair leaks in pipes or fixtures.
For tampering with any service line, curb stop, meter or meter setting or installing or maintaining cross-connections.
For theft of service, which shall include taking service without having made a proper application for service.
For failure to pay, when due, any charges accruing under this article.
For refusal of reasonable access to the property for purposes of installing, inspecting, reading, maintaining or removing meters.
For receipt by the Township of an order or notice from the Department of Environmental Protection, health authorities, plumbing inspectors or other similar agency to discontinue service to premises on the grounds of violation of any federal, state or local law or local ordinance, or upon notice to the Township from any such agency that it has ordered an existing violation on the premises to be discontinued and that such order has not been complied with.
For violation of any of the provisions of this article not specified above.
Restoration of service. Whenever service is discontinued or terminated pursuant to this article, service shall be restored only upon the payment by the customer of a turn-off/turn-on fee as specified in the schedule of fees and rates and the curing of the problem that gave rise to the termination if under Subsection B.
General provisions. At the time any request is made to the Township for a main extension, the Township may request a site plan for the lot(s) to which service is to be provided. If such a request is made by the Township, the site plan must be provided within the time specified by the Township, which shall not be less than 14 days.
Bona fide customer initiated main extensions.
The Township will extend existing distribution mains a distance of 35 feet for each bona fide prospective customer making application in accordance with these rules and regulations for water service therefrom for a period of one year or more. Such extensions will be made without cost to such customer(s).
When an extension greater than 35 feet in length for each bona fide prospective customer is required or requested, such extension will be made under the terms of a water system extension agreement as set forth in Subsection D below. The Township shall have the exclusive right to determine the type and size of mains to be installed and any other facilities required to render adequate service; provided, however, that where the Township decides to install a pipe larger than eight inches in diameter and eight-inch pipe would render adequate service throughout the extension, at the Township's discretion, estimated or actual cost figures contained in the water system extension agreement will include the material cost for pipe eight inches in diameter. All estimated or actual cost figures will include a reasonable allowance for overheads.
In determining the length and size of and necessity for main extensions, the terminal point of such extensions will, in all cases, be at that point in the curbline which is equidistant from the side property lines of the lot for which water service is requested. A Township service line will be provided only for customer service lines which are laid at right angles to the curbline or which are otherwise approved by the Township. Should it be necessary, in the Township's sole opinion, to extend beyond the last lot in any street to connect to an existing main to provide more adequate and reasonable service, this additional extension shall be considered part of the total and orderly system development so long as the last lot in the street is not more than 150 feet from that existing main and may be included in the cost of the extension.
The Township hereby agrees to refund to the bona fide prospective customer, on or before February 28 of the subsequent year, the average cost of 35 feet of main for each additional bona fide prospective customer for whom a street service connection shall be directly attached to such main extension (as distinguished from extensions or branches thereof) during the preceding calendar year. The refund period shall be five years from the actual date of the payment of the extension; provided, however, that the total amount refunded shall not exceed the original deposit, without interest, and that all or any part of the deposit not refunded within the five-year period shall become the property of the Township.
Developer initiated main extensions.
A developer, as defined in § 213-1D above, will be required to pay for all main extensions or off-site facilities undertaken by the Township on his behalf pursuant to either a nonrefundable contribution agreement or a refundable deposit agreement, the forms of which are set forth in Subsection D. The Township shall have the unqualified right to require that the requested extension be a nonrefundable contribution agreement if, in the Township's sole judgment, use of a refundable deposit agreement is neither economically justified nor otherwise in the best interests of the Township or its customers.
A developer who is a party to a refundable water system extension agreement shall be eligible for a refund for each bona fide customer who connects to the main extension funded under this agreement, as distinguished from extensions or branches thereof. In no event shall the total amount refunded exceed the original deposit without interest. The developer may be eligible for refunds for a period of no more than five years. The refund shall be made on or before February 28 of the subsequent calendar year. The Township, with the mutual consent of the entity making the advance, may enter into an agreement specifying a different time or system or computing refunds, so long as the refund amount is based on factors such as average Township investment per customer, revenues or potential revenues to be realized, contributions made in the future by other developers who benefit by the facility, or other relevant factors.
Applicability. Public fire protection will be available when hydrants are installed and when the political subdivision in which the service will be provided applies to the Township for that service. Rates for public fire service will be determined at the time the Township decides to make such service available.
Water from fire hydrants shall not be used for purposes other than firefighting without the Township's permission in writing. Water taken with such permission will be limited to the filling of tank trucks for use by the public. The water so used shall be subject to charges at existing meter rates.
The Township reserves the right to meter any fire line when evidence indicates that water is being taken from the line for purposes other than firefighting or as otherwise permitted by agreement, and such metered service shall then be billed in accordance with the regular schedule of fees and rates in addition to the above rates, with proper allowance for water consumed in firefighting or other authorized use.
Regularity of service. The Township may, at any time, shut off the water in the mains in case of accident or for the purpose of making connections, alterations, repairs, changes or for other reasons, and may restrict the use of water to reserve a sufficient supply for public fire service or other emergencies whenever the public welfare may require it. The Township will, so far as circumstances permit, notify customers to be affected by any interruptions in the water service.
Liability for damages.
The Township's liability for any loss or damage from any excess or deficiency in the pressure, volume or supply of water due to any cause other than willful misconduct by the Township, its agents or employees shall be limited to an amount equivalent to the customer charge for the period in question. In no event shall the Township be liable to third parties. The Township will undertake to use reasonable care and diligence in order to prevent and avoid interruptions and fluctuations in service, but it cannot and does not guarantee that such will not occur.
The Township shall in no event be liable for any loss or damage caused by reason of any break, leak or other defect in a customer's own service pipe, line, fixtures or other installations.
Waivers. The Township may, in its sole discretion, waive any of the rules or regulations contained herein that operate for the benefit of the Township, provided that no such waiver will be valid unless in writing and signed by the Township, and provided that no waiver will be allowed where the waiver would constitute a violation of any applicable statute, law or regulation.
Additional rules and regulations. From time to time, by resolution adopted at a public meeting, the Township may promulgate additional rules and regulations as it deems necessary and proper, which additional rules and regulations, to the extent appropriate, shall be construed as a part of this article.
[Amended 3-16-1998 by Ord. No. 2-1998]
Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge 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 article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
[Added 12-9-2013 by Ord. No. 5-2013]
Existence of easements. An easement for the placement and maintenance of sewer and water lines is present on the subdivision and as set forth on the subdivision plans and easements of record.
Obstructions to easements. No buildings, structures, or other improvements may be erected in the easement area. No vegetation may be planted in the easement area except grass.
Maintenance of trees and shrubs. All trees, shrubs, and other plantings abutting or near the easements shall be kept trimmed and prevented from growing over or into the easement area.
Prohibition of digging and excavating. No digging or excavating in the easement area shall be permitted without the written consent of Potter Township.
Violations. The owner of any improved property shall be held liable for any violations of this section and for all acts of tenants or other occupants of owner's property, as may be permitted by law, insofar as such acts shall be governed by the provisions of this section.