Township of Tobyhanna, PA
Monroe County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Tobyhanna 5-17-2013 by Ord. No. 501. Amendments noted where applicable.]
This chapter shall be known as the "Tobyhanna Township Water Service District Ordinance."
This chapter is adopted for the following purposes:
A. 
To protect and provide for the public health, safety, and general welfare of the citizens of Tobyhanna Township.
B. 
To adopt rules and regulations pertaining to the making of connections to the regional water supply and distribution system of the BCRA serving portions of the Township.
C. 
To ensure an adequate and safe water supply for the people of the Township.
D. 
To further define the relationship between the Township and the BCRA.
For the purposes of this chapter, the following words and phrases shall have the meanings herein indicated:
ABUTS and ABUTTING
Any property whose boundary line is adjacent to a distribution line and/or main of the water system and which contains a building, any part of which is located within 200 feet of such line.
ACT
The Municipality Authorities Act of 2001, as amended, as codified at 53 Pa.C.S.A. Chapter 56.
BUILDING SERVICE
Extension from the water system of any structure to the lateral of a main.
DEVELOPMENT
Construction of one or more buildings, dwelling units or other structures on one or more parcels of land or any use of property or structures thereon for purposes requiring public water, such as a golf course, park, or swimming pool.
IMPROVED PROPERTY
Any property within the Township of Tobyhanna's Water District upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals.
INDUSTRIAL ESTABLISHMENT
Any improved property located within the Tobyhanna Water District and used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article.
MAIN
Any pipe or conduit constituting a part of the water system used or usable for water distribution purposes.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, company, association, society, trust, corporation, municipality, municipal authority or other group or entity.
A. 
Part of the water system extending from a main to the curbline or, if there shall be no curbline, extending to the property line; or
B. 
If no such lateral shall be provided, "lateral" shall mean that portion of, or place in, a main which is provided for connection of any building service.
WATER DISTRICT
The area within the Township of Tobyhanna, as defined in § 150-6 of this chapter and as illustrated in Exhibit "A,"[1] in which the provisions of this chapter apply.
WATER SYSTEM
All facilities, as of any particular time, for production, transmission, storage and distribution of water in the Township of Tobyhanna owned, operated, and maintained by the BCRA.
[1]
Editor's Note: Exhibit "A" is on file in the Township offices.
A. 
The owner of improved property and/or a proposed new development within the Water District and abutting upon the main of the water system, shall, in accordance with § 150-7 of this chapter, connect such property to the water system upon approval by Tobyhanna Township and the BCRA, and shall be subject to the rules and regulations of the BCRA. Connection to the water system shall be mandatory in accordance with § 150-7 of this chapter for properties located within the identified Water District only.
B. 
Those properties required to connect to the public water system shall connect such property to the water system within 60 days after written notice from the Township, the BCRA, or an authorized designate to make such connection. Such notice may be given or served at any time after a main is in place which can deliver water to the particular property. Such notice shall be given or served upon the owner in accordance with the law. The Township and/or the BCRA, after the 60 days' notice and a failure to connect, may construct such connection and collect from such owner the costs and expenses thereof in any manner permitted by law, including but not limited to the filing of a municipal lien.
C. 
The BCRA shall be the exclusive public water service provider within the Water District described in Exhibit "A"[1] and § 150-6 of this chapter.
[1]
Editor's Note: Exhibit "A" is on file in the Township offices.
A. 
Water mains shall be constructed in such a manner so as to make adequate water service available to each lot, building, structure or dwelling within the Water District. In addition to complying with all Township requirements, all construction of building mains and extensions shall be performed in accordance with the terms of any agreements required by the BCRA and shall comply with the design standards, specifications, rules, and regulations of the BCRA and the Township now in effect or hereafter amended.
B. 
All costs and expenses of construction of a building service and all costs and expenses of connection of a building service to the water system shall be borne by the owner of the improved property to be connected, unless otherwise agreed to by the BCRA; and such owner shall indemnify and shall save harmless the Township of Tobyhanna from all loss or damage that may occur directly or indirectly as a result of construction of a building service, building main or of connection of a building service and/or building main to the water system.
C. 
All mains and service laterals terminating either at the curbline or property line with a curb stop shall be designed and built in accordance with plans and specifications approved by the BCRA and the Township. Connections from the curb stop to the building shall be made by the property owner or his/her designee and shall be constructed of materials and in accordance with specifications approved by the BCRA and the Township. There shall be no fittings between the curb stop and the building unless approved by the BCRA and the Township. Grouping of more than one improved property on one building service shall not be permitted, except under special circumstances and for good cause shown and only after permission from the Township and the BCRA is received in writing. All service lines from the curb stop to the building shall be inspected by the BCRA.
The Township of Tobyhanna hereby establishes a Water District for the purpose of providing public water service to the improved properties required to receive such public water service within the Water District as set forth herein. The Water District shall encompass that area of Tobyhanna Township as specifically identified in the shaded area (Tobyhanna Township Water Service Area) on the water service area map prepared by RKR Hess, a division of UTRS, dated May 1, 2013, which is attached hereto and incorporated herein as Exhibit "A,"[1] and the BCRA shall act as Tobyhanna Township's designated agent within said Water District in the implementation and for the purposes of this chapter. The provisions of this chapter shall not apply to areas which are within Tobyhanna Township but outside of the designated Water District. All improved properties and proposed new development within the Water District and abutting the main of the water system shall be required to connect to the water system.
[1]
Editor's Note: Exhibit "A" is on file in the Township offices.
A. 
All improved properties and new development within the Water District with a structure located within 200 feet of the right-of-way of the main of the water system shall be required to connect to the water system in accordance with this chapter.
B. 
Upon request by an owner for public water service within the Water District, or submission of any plan for new development in the Water District, or where the proposed development or plan is required by the Township to have public water within the Water District, the BCRA shall be notified of such request or application at the time such application or request is submitted to the Township, whether by building permit application or subdivision and land development application or general request. The BCRA shall advise the Township within 45 days of receipt of such notice of a request for public water service whether it is able to and/or will furnish public water service to the property owner or development requesting said connection. If the BCRA agrees to provide public water service to such property owner, the Township shall require as a condition of approval of the application or request that the BCRA be the water service provider for the owner of the development making the request.
C. 
Any property owner obtaining water service from the BCRA shall pay all applicable tapping and connection fees, water rates and other charges to the BCRA in accordance with the rules and regulations of the BCRA now in effect or hereinafter enacted in accordance with the Act and other applicable Pennsylvania laws.
D. 
No person shall connect to the water system or otherwise use, alter, or disturb said water system in any manner without first filing an application for and obtaining a permit, in writing, from the BCRA.
E. 
The BCRA, Township and other duly authorized representatives or employees of the BCRA and/or Township shall be permitted, at all reasonable times, to enter upon any premises connected or about to be connected or required to be connected to the water system for the purpose of inspection and testing in accordance with the provisions of this chapter and the Act.
F. 
All tapping and connection fees and water rates charged by the BCRA for the water system shall be calculated in accordance with the applicable provisions of the Act.
G. 
Where a property owner or owners construct or cause to be constructed any addition, expansion, or extension to or of the water system which provides capacity to accommodate future development upon the lands of others, the BCRA shall provide for reimbursement to the property owner or owners in accordance with the provisions of the Act.
H. 
All new connections to the water system shall contain plumbing fixtures and fittings that comply with the water conservation performance standards as set forth in the Pennsylvania Uniform Construction Code as adopted by the Township.
I. 
The Township hereby authorizes the BCRA to enforce the provisions of this chapter together with the Township.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be subject to pay a fine of no more than $1,000, and in default of payment, to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.