[Ord. 856, 11/16/2005, § 301; as amended by Ord. No. 1107, 6/15/2021]
All persons holding legal title or an interest therein (the
"owner") to real property in the Borough containing a building which
abuts a main of the water system must make connections to such main,
shall use exclusively water from such main as their water supply for
human consumption, except as hereinafter provided, and shall be responsible
to pay for all related connection costs. Should the Borough of Stroudsburg
change, amend, repeal or eliminate this Part, the Borough will immediately
notify the Pennsylvania Department of Environmental Protection (PADEP).
[Ord. 856, 11/16/2005, § 302; as amended by Ord. No. 1107, 6/15/2021]
It shall be unlawful for any owner who is required to connect
to the water system pursuant to this Part to construct or maintain
any other supply system from wells or other private sources, except
as provided in 53 P.S. § 67603. Such private facilities
shall be disconnected in the manner required by regulations of the
Authority and DEP. Should the Borough of Stroudsburg change, amend,
repeal or eliminate this Part, the Borough will immediately notify
the PA DEP.
[Ord. 856, 11/16/2005, § 303]
All owners required to connect to the water system shall file
with the Authority an application for connection in the form provided
by the Authority and shall pay the tapping fee and connection charge,
if any, then in effect. Thereafter, the Authority shall issue a connection
permit, tap its main and provide water service from the main to the
curb for all such new connections.
[Ord. 856, 11/16/2005, § 304]
Any owner who has applied for permission to connect to the Authority's
main, who has paid the tapping fee, and connection charge, if any,
and received a connection permit from the Authority may construct
a connection to the water system, at the curb, utilizing his own contractor.
Such connection shall be made in strict conformity with the Rules
and Regulations of the Authority, and the owner will indemnify and
hold harmless the Borough and the Authority from all loss and damage
arising from construction by such owner.
[Ord. 856, 11/16/2005, § 305]
In the event that any owner fails to make the required connection
within 90 days of receiving notice by personal service or registered
mail of the connection requirement, the Borough, or the Authority
as the Borough's agent, shall be empowered to enter the subject property
and perform the necessary work.
[Ord. 856, 11/16/2005, § 306]
Where the Borough or the Authority as its agent constructs a
connection because of a property owner's failure to do so, the Borough,
or the Authority, as applicable, shall submit an itemized bill to
the owner for the completed work, which shall be immediately payable.
In case of neglect or refusal by such owner to pay said bill within
30 days thereafter, it shall be the duty of the Borough or the Authority
as its agent to file municipal liens for the amount of such bill,
or collect such bill by an action in assumpsit. In the alternative,
the Borough or the Authority as the Borough's agent, may authorize
the payment of the cost of construction in equal monthly installments,
to bear interest at the rate not exceeding 6% per annum, due and payable
in full in one year pursuant to the provisions of 53 P.S. § 68303.
[Ord. 856, 11/16/2005, § 307]
The Authority and/or Authority Engineer and other duly authorized
representatives or employees of the Authority bearing proper credentials
and identification 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 Part and the
Act.
[Ord. 856, 11/16/2005, § 308]
The owner of property required to connect shall be responsible
for paying the tapping fee, connection charge and water rates, in
accordance with the Authority's applicable resolution, beginning on
the date such owner is required to connect to the water system. This
responsibility shall continue whether or not the property is actually
connected.
[Ord. 856, 11/16/2005, § 309]
No person shall connect to the water system or otherwise use,
alter or disturb said system in any manner without first filing an
application for and obtaining a permit, in writing, from the Authority.