Township of North East, PA Chapter 339 Water

[HISTORY: Adopted by the Board of Supervisors of the Township of North East as indicated in article histories. Amendments noted where applicable.]

Article I Regulations, Rates and Charges

[Adopted 9-12-1977 by Ord. No. 44]

§ 339-1 Administration.

A. The operation and administration of the Water Department shall be under the direction of a Water Department Superintendent and a Water Department Assistant Superintendent, who shall serve by appointment of the Board of Supervisors. The Water Department Superintendent may be a Township Supervisor.

B. It shall be the duty of the Water Department Superintendent or his delegates to enforce the provisions of this article.

C. The Water Department Superintendent shall maintain Water Department accounts and records and establish Water Department escrow accounts for water line project deposits.

D. The Water Department Superintendent shall from time to time establish and promulgate minimum water line connection fees and billing charges and any general Water Department charges. The preceding shall be subject to approval by resolution of the Board of Supervisors, and passage as amendments hereto.

E. The Township's delegate shall act as Secretary-Treasurer for the Water Department in charge of accounts and records as established by the Water Department Superintendent. The Secretary-Treasurer clerk/clerks shall be covered by sufficient bond.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 339-2 Water line installation.

A. Petition.

(1) The installation of a water line may be requested by petition of the property owners in the area to be serviced. The petition shall, in addition to its request, contain an agreement to pay the cost of materials and labor, and provide all necessary rights-of-way for installation thereof.

(2) After receipt of the property owner's petition, the Superintendent or Assistant Superintendent shall obtain specifications and a cost estimate from the Township Engineer. The specifications shall show placement of all lines, valves and fittings, and an estimate of the gallonage requirements of the new system.

(3) After preparation of the water line specifications, the Township shall request permission from the Borough for the extension of the water system.

(4) A separate escrow account shall be maintained for each water line petition or project, and a record shall be maintained showing deposits and depositors.

(5) No water line project initiated by petition shall be commenced until the entire cost of the project shall have been paid by the property owners and deposited to the project escrow account.

B. Water district.

(1) Whenever the taxpayers of any section of the Township whose property valuation, as assessed for tax purposes within such section, shall amount to 50% of the total property valuation as assessed for tax purposes within the section shall, by petition, so request, the Supervisors of the Township may constitute such section into a water district or divide into several water districts. In every such case of division into several districts, the Supervisors shall determine the proportion of the cost of the water system which should equitably be charged on each of the districts, and declare and establish such apportionment by resolution. No district shall be charged with more than its due proportion of the cost of the main pipe lines, pumping stations, etc., used jointly by more than one district.

(2) The Township Supervisors shall provide for the payment of the cost of water lines in such districts thereof by an assessment upon the properties accommodated or benefited, or, pursuant to this article, on each lot or piece of land in proportion to its frontage abutting on the mains, allowing a reduction in the case of properties abutting on more than one main. No assessment by frontage shall be made on properties of such character as not to be lawfully subject to this manner of assessment, and each abutting property owner shall be assessed with not less than the whole amount of the benefit accruing to it and legally assessable.

(3) After the amount of the assessment charged upon the several properties has been established, it shall be the duty of the Township Supervisors to file municipal liens for assessments covered by this article within the time and in the manner provided by law, the same to be subject in all respects to the general law providing for the filing and recovery of municipal liens. The amounts of all assessments shall be payable to the Township Treasurer for the use of the Township. The supervisor shall also make out bills for the amount charged against each property, which shall be forthwith sent to all property owners affected residing in the Township, and mailed to all such owners residing elsewhere whose addresses are known.

(4) The Supervisors may elect to permit a deferred payment by owners of agricultural land until such time as either the land is subdivided of otherwise developed or until such time as the owners of the land begin use of the water line or until such time as an individual water connection is made between the water main and the agricultural land. In the event the land remains undeveloped and an individual water service connection is made to the main, the Supervisors may elect to defer payment on that portion of the land which is not served or to which an individual water service connection has not been made.

C. Upon completion of any water line constructed in accordance with Subsection A above and upon payment of the total cost of the water line project, the Board of Supervisors shall, upon recommendation of the Water Department Supervisors and by proper resolution, accept and declare the water line completed.

§ 339-3 Billing and other charges.

A. All bills shall be payable upon presentation and due quarterly on the 15th day of January; the 15th day of April; the 15th day of July; and the 15th day of October for the preceding quarter. A 5% penalty shall be added to all bills not paid on or before the due date, and a 10% per annum interest charge shall be added to all bills not paid on or before the due date, and for each subsequent month or fraction thereof that the bill or bills shall remain unpaid.

[Amended 12-27-1988 by Ord. No. 88-005; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. There shall be a minimum Water Department billing charge, fire service charge and sewer charge per quarter or fraction thereof for which water service or an individual water service connection is provided. Each such unit whose use exceeds the minimum charge shall pay a periodic water rent as computed using current rates as approved by resolution.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. Where two or more units are served by one meter, the total volume shall be billed using current rates as approved by resolution.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

D. Where two or more units are served by one meter through a privately owned and maintained water system, the owner of the system shall be billed for the total amount as computed in Subsection C above.

[Amended 3-11-1985 by Ord. No. 85-008; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

E. A charge shall be made to the Water Department for Township equipment used in the installation of water lines. This charge shall be payable to the North East Township General Fund.

F. There shall be no tenant accounts. All new accounts will be placed in the name of and billed to the property owner. Meter deposits currently being held shall not be refunded to the present tenant until the billing account is changed and placed in the name of and billed to the property owner.

G. Charges and water rents are as passed by resolution of the Board of Supervisors.

[Amended 12-20-1977 by Ord. No. 45; 3-11-1985 by Ord. No. 85-008; 12-30-1991 by Ord. No. 91-009; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

H. For each unit connected to the water system of North East Township, there shall be a readiness to serve fee assessed to each unit as set by resolution of the Board of Supervisors, which fee shall be paid regardless of the volume of water used by the unit.

[Added 3-11-1985 by Ord. No. 85-008; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 339-4 Individual water service connections.

A. For a period not to exceed five years for residential projects and not to exceed 10 years for commercial and/or industrial projects, the charge for any individual service connection to a water main, during the prescribed period after its completion, shall be in accordance with pro rata charges as set forth in the agreement between the Township and the original subscribers, payable in advance. The term and method of calculating the charge shall be as set forth in the agreement entered into between the Township and the original subscribers and said amount shall be in addition to the usual and customary charges then in effect in the Township.

[Amended 3-5-1990 by Ord. No. 90-002]

B. Charges for any individual water service connection made after five years of the completion date shall be in accordance with the minimum general connection fee at the time the connection is made, payable in advance.

C. The Water Department Superintendent shall maintain, as an exhibit hereto, a list of water line projects, their completion dates and the pro rata charges for individual water service connections.

D. There shall be a minimum of one service connection per dwelling and there shall be a separate meter for each unit, residence, apartment or store.

E. Water shall be turned off and on by Township employees only, upon application of owners to the North East Township. There shall be a turn-on fee and shutoff fee as set by resolution of the Board of Supervisors.

[Amended 12-27-1988 by Ord. No. 88-005; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

F. The Township will provide mainline and curb connections only. All others are to be installed in accordance with Township specifications.

G. Representatives of the Township shall be permitted to enter upon land, buildings and premises for the purpose of meter reading and inspection.

§ 339-5 General specifications.

A. All meters and outside reader materials shall be supplied by the Township for a service fee to be determined individually, based upon the time and the materials supplied, and shall be installed at a point designated by the North East Township. Meters and readers shall only be supplied after the plumbing shall have been completed and inspected by the Township. All meters shall be sealed by the Township and any broken seal shall be reported immediately.

B. Repairs to meters supplied by the Township shall be made by the Township for a service fee to be determined individually, based upon time and materials applied. In the event the damage has been caused by frost or other negligence of the owner, the entire cost of replacement shall be borne by the owner.

C. Outside readers are mandatory on all new or replacement installations. All meters which are currently installed within dwellings or other buildings shall be adapted by the Township to outside readers. Installation shall be made as the Township work schedule permits.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

D. Specifications for water lines and connections shall be in accordance with the following minimums:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Minimum standard pipe size used for mains with hydrants will be six-inch.

(2) Meters must be placed inside dwellings, using outside meter readers, in frost protective pits or otherwise protected from frost damage. When placed in a pit, a meter must be placed within 18 inches to 24 inches of the top. Pits must have standard pressure regulators, to be purchased at hardware stores.

(3) All materials used in water service connections shall be in accordance with Township specifications and must be purchased by individual consumers from plumbing supply establishments. (This will include all materials used in installation of lines and pits from curb to meter.)

(4) It is recommended that pressure regulators are used. They shall be placed between the meter and the dwelling outlets and appliances (the house side of the meter). Backflow prevention/dual check valves shall be used on all services.

(5) Specifications:

(a) Standard house meter set. All meters used shall be supplied by North East Township. Meter installation shall be in the following manner: valve, meter, backflow and pressure reducing valve. No solder joints permitted before the meter. All new installation and repairs must adhere to the "no lead" rules and regulations as defined in the Safe Drinking Water Act.[1]

[1] Editor's Note: See 35 P.S. § 721.1 et seq.

(b) Pipe. Type K copper tubing, soft, flanged joints, is required to be used from curb stop to meter.

(c) Pit set:

[1] Meter pit, as approved by North East Township, minimum eighteen-inch by thirty-six-inch.

[2] Riser yoke complete with angle and test valve, dual check valve, and with pack joints both ends.

[3] Double frost cover with lock.

(d) Pressure regulator shall be standard type.

(e) All other materials used in installation of line from curb to meter shall be standard type.

(f) Materials used from meter to house and through house shall be the option of owner.

§ 339-6 Suspension of water use.

North East Township is empowered to order curtailment or a suspension of water use when, in the judgment of the Board of Supervisors, it becomes necessary for supply conservation or to protect health and safety.

§ 339-7 Nonpayment.

In the event any payment hereunder shall remain unpaid for 30 days following any due date, the Supervisor may refer the account to the Township Solicitor for filing of a municipal lien and recovery of all amounts due to the Township with costs of suit and attorney fees added, and shall be empowered, upon 10 days' notice, to suspend service to any consumer and premises who shall fail to pay any water charge or assessment when due.

Article II Mandatory Connections

[Adopted 7-1-1996 by Ord. No. 1996-004]

§ 339-8 Requirement.

All occupied structures located on Hillcrest Drive and Crestview Drive, North East Township, Erie County, Pennsylvania, shall connect to the municipal water line to be installed in said streets within 90 days of receipt of written notice to connect, as issued by North East Township.

§ 339-9 Violations and penalties.

If any property owner required to connect should fail to do so within the time period allowed, said owner shall be subject to a fine of not less than $25 nor more than $100 for each and every day of noncompliance.

§ 339-10 Connection by Township.

If any property owner required to connect should fail to do so within the time period allowed, the Township, at its sole discretion, may connect said occupied structure to the new water line, assess any and all charges, including legal fees, and file a municipal lien for the same.