Bills for Borough services — See Ch. 108.
Uniform Construction Code — See Ch. 114.
ARTICLE IWater Connections (§ 256-1 — § 256-15)
ARTICLE IITapping Fees (§ 256-16 — § 256-22)
§ 256-2Application for service.
§ 256-3Service connections; fee.
§ 256-4Use of service.
§ 256-6Bills and payments.
§ 256-8Conditions under which water
may be turned off.
§ 256-9Use of fire hydrants.
§ 256-10Use restrictions and regulations;
§ 256-11Water conservation.
§ 256-12Meter rates.
§ 256-12.1Miscellaneous water system fees
§ 256-12.2Meter replacement arrearage rates.
§ 256-13Fire protection rates.
§ 256-14Exceptions and regulations.
§ 256-15Violations and penalties.
The terms defined in this section shall, for all purposes of this article and all ordinances subsequent hereto which do not specifically repeal this article, have the meaning herein specified, unless the context clearly otherwise requires:
- The Act of Assembly of the Commonwealth of Pennsylvania known
as the "Municipality Authorities Act of 1945," approved May 2, 1945,
P.L. 382, together with all supplements and amendments thereto.Editor's Note: See 53 P.S. § 301 et seq.
- APPLICATION FOR SERVICE
- An application, in writing on a form to be provided, to the Borough for water service.
- The Middletown Borough Authority.
- The amount charged to a consumer for quarterly or monthly
service. In the event of discontinuance of service during a billing
period, the consumer shall be required to pay a proportionate part
of the charge for said period's service.[Amended 4-6-1987 by Ord. No. 943, approved 4-6-1987]
- The governing body of the Authority.
- The Borough of Middletown, Dauphin County, Pennsylvania, acting through its properly authorized officers, agents or employees, each acting within the scope of the particular duties assigned to him.
- The person, firm or corporation contracting for a supply of water to a particular property, who shall only be the owner thereof, as classified in § 256-10J hereinafter.
- CONSUMER DEPOSIT
- The amount of money required to be deposited with the Borough before water service shall be granted the consumer, and in no event shall it exceed the estimated gross bill for any single billing period, plus one month, with a minimum amount of $5.
- FIRE HYDRANT
- A water outlet for public fire protection.
- METER RATES
- The rate charged per thousand gallons of water, depending upon the size of the meter installed in the consumer's premises.
- METER RATE CONSUMER
- A consumer who shall have a separate water meter installed on his premises which shall register the amount of water consumed therein.
- SERVICE CONNECTION
- The connection of the service line to and including the curb box and cock, which service shall be the property of the Borough.
- SERVICE CONTRACT
- The contract entered into between the Borough and the consumer for water service through the consumer's service facilities.
- USE OF SERVICE
- The use of water service by a consumer in accordance with the class, scope and type of use and the purpose stated in his application and service contract.
- WATER METER
- An instrument which measures, in gallons, the amount of water consumed when placed upon the premises and which shall, at all times, remain the property of the Borough.
Service connection will be made and water will be furnished upon written application by the prospective consumer (or his properly authorized agent), on a blank prepared by the Borough for this purpose, and after the approval of such application by the Borough. The application for service shall be general and shall clearly outline the class, scope and type of use to be made of the service, as well as the purpose for which it will be used, and each application shall state the services.
The application and these rules and regulations constitute the contract between the consumer and the Borough, and each consumer, by taking of water, agrees to be bound thereby.
A new application must be made to and approved by the Borough upon any change in identity of the contracting consumer at a property or in the service as described in the application, and the Borough may, upon five days' notice, discontinue the water supply until such new application has been made and approved.
The Borough shall make all connections to its water mains and install and maintain all service lines from the main to and including the curb cock and box, which shall be placed from one to two feet inside the curbline, all of which service lines shall be the property of the Borough, shall be installed at the property owner’s expense and shall be accessible to the Borough and under Borough control. The cost of installation from the curb cock and box shall be at the property owner’s expense. No connection to the waterlines of the Borough of Middletown shall be made unless and until said property owner shall have made application for said service to the Borough of Middletown and received a permit therefor and shall have paid to the Borough of Middletown a tapping or connection fee in an amount as set forth in a fee schedule established by a properly adopted resolution of the Council of the Borough of Middletown.
Certain work required for water service shall be performed by a private contractor, at the determination of the Borough, when conditions require. Such work may include, but is not limited to, water service connections under state-owned highways and roads, connections at a depth greater than eight feet, connections that require bypass pumping prior to connection, or any other situation where the Borough does not have adequate manpower, time or equipment to accomplish such work.
The property owner shall, at the property owner’s expense, dig and fill the trench and furnish and install the service line from the curb stop to the premises to be supplied and, in all respects, shall be responsible for any and all injury or damage in consequence thereof and/or resulting therefrom.
Scheduling shall be coordinated with the Borough before any service is installed. The property owner shall provide to the Borough the street and lot number or location where service is desired, the name of the owner and tenant and the time when the trench will be ready for making the connection.
The service line from the curb to the premises shall be kept in good condition by the owner under penalty of discontinuance of service by the Borough.
Under no circumstances shall any person not authorized by the Borough turn the stop cock on or off in any public or private line.
Hereafter, in all future installations or reinstallations of service lines, only one property shall be supplied through one service. When one pipe supplies more than one metered customer, said customers shall have a curb stop installed at the expense of the customer to provide for separate shutoff. Any violation of the rules of the Borough by either the property owner or his tenant, or any leakage in such joint lines, shall cause the main stops to be shut off or, where a division of ownership of such line occurs, the Borough may require a separate service line for each customer, giving reasonable time for any innocent customer to make such arrangements before discontinuance of service results.
Where capital extensions to the waterlines of the Borough are made under the authority of this section, said capital extensions shall be made by the Borough at the cost to the abutting property owner by a front foot assessment to be established by the Borough Engineer after the capital extension has been completed. When the Borough Engineer has certified that the capital extensions have been completed by filing a copy of said completion certificate with the Borough Secretary, which certificate shall include all assessable costs and all assessable front feet, Borough Council shall then determine the amount of assessable front feet which shall be charged against the abutting property owner, which sum shall not exceed the actual costs of erecting or extending the water mains, including engineering and legal fees, if any, and costs of printing and advertising, and shall equitably assess the costs against each and every property abutting the line of improvement, making allowances for corner lots and lots of irregular shape where the assessment for the full frontage would be unjust.
Any person or organization desiring to connect an extension to any Borough water main shall submit a detailed plan of the proposed layout and construction of the water main extension to the Borough Engineer for approval. Said water main extension plan shall be accompanied by a nonrefundable fee, the amount of which shall be set forth in a fee schedule established by a properly adopted resolution of the Council of the Borough of Middletown.
Any person who shall make a connection to the water system of the Borough of Middletown without having first secured a permit and paid the connection fee or who shall close said excavation, trench, or ditch before inspection of said connection shall be punishable as provided in § 256-15 of this article, and the connection made may be disconnected by the proper Borough employee without any notification to the offending property owner.
The property owner shall place a brass lever handle stop and waste cock in the service pipe within the wall of the building, supplied and so located as to drain all the pipes of the building as well as the meter, that is easily accessible to the occupants for their protection, enabling them to turn off the water supply in case of leaks and to drain the pipes to prevent freezing.
Fire hydrants shall be installed, maintained and owned by the Borough.
Where two or more properties are served by one service pipe and are owned by a single owner, each property shall install its own service pipe upon any division of property ownership.
The Borough reserves the right to meter any fire hydrant or water line when evidence indicates that water is being taken from the hydrant line for purposes other than fire fighting or for purposes otherwise expressly permitted by the Borough.
All leaks in service lines from the curb to and in and upon the premises supplied shall be promptly repaired by the property owner. On failure to make such repairs with reasonable dispatch, the Borough may turn off the water, which shall not again be turned on until all proper and necessary expenses incurred by the Borough in shutting off and turning on the water are paid in full by the property owner, and proof of repair is provided to the Borough.
The Borough shall in no event be responsible for maintenance of or for damages done by water escaping from the service pipe or fixture on the outlet side of the curb cock, and the property owner shall, at all times, comply with the state and municipal regulations in reference thereto and shall make any changes thereon required on account of change of grade. relocation of mains or otherwise.
The use of water service by a consumer shall be in accordance with the class, scope and type of use and the purpose stated in his application and service contract. A consumer shall not use or allow use by others of water service through his service facilities for others or other purposes than covered in his contract.
The various classes of services and rates are available to a consumer in accordance with the obvious intent of and statements as to application made under the different rates in the schedule of rates.
Whenever the consumer desires to have his service contract terminated or his water service discontinued, he shall notify the Borough to that effect, in writing. The consumer will be responsible for the payment of all service rendered by the Borough until such written notice is received and, in the instance of meter rate service, until a reasonable time from the receipt of such notice shall have elapsed for the Borough to take the final reading of the meter or meters or until water service is actually otherwise discontinued by the Borough.
Each metered rate consumer's service shall have a separate meter to register the amount of water consumed, except as provided in § 256-10J herein.
All industrial service will be supplied at meter rates only.
The Borough shall furnish, at the property owner’s expense, one meter for each service line, and the same shall remain the property of the Borough and shall be accessible to and subject to its control. Said meters, model and specifications to be approved by the Borough, shall be supplied at the expense of the consumer, and at a location approved by the Borough so as to control the entire water supply, and a proper place and protection therefor shall be provided by the consumer. For all new installations and reinstallations, shutoff valves shall be installed in the water supply pipe within three feet upstream and three feet downstream of the meter at the expense of the customer.
In any case where it is not convenient to place the meter within the building as provided in Subsection C, the meter may be placed outside of the building in a Borough-approved vault provided with a suitable cover and lock and key. All installation, reinstallation, repair and replacement expenses and material costs shall be the responsibility of the property owner, subject to Borough Approval for location and design.
In all cases where steam or hot-water pressure is used, a backflow prevention valve, of model and specifications to be approved by the Borough, must be placed, at the expense of the consumer, directly ahead of the meter, before any outlets are taken off the service pipe, to prevent injury to the meter.
Meters will be maintained by the Borough as far as ordinary wear and tear is concerned, but the consumer shall be responsible to the Borough for any injury to or loss of any meter arising out of or caused by the consumer's negligence or carelessness or that of his servants, employees, members of his household or any person upon his premises under or by his consent or sufferance. The consumer shall permit no one who is not an agent of the Borough or otherwise lawfully authorized so to do to remove, inspect or tamper with the Borough's meter or other property of the Borough on his premises. Meters broken by freezing or other causes set forth above shall be repaired by the Borough at the consumer's expense.
No one who is not an agent of the Borough or otherwise lawfully authorized to do so may and it shall be unlawful to tamper willfully and intentionally with any water meter or with any utility facility of the Borough of Middletown or with any property of the Borough of Middletown on the premises of a consumer. This prohibition extends to but is not limited to nor ejusdem generis with breaking a water meter seal or connecting ahead of the meter.
Any person guilty of violating this subsection shall be punishable as provided in § 256-15 of this chapter.
For a second or any subsequent offense or instance where a responsible representative of the Borough, such as the Superintendent of the Water Department or his superior, finds that a water meter seal has been broken or a connection has been made ahead of the meter, upon 20 days written notice (including the telephone number and address where a named representative, for this purpose, of the Borough may be contacted if a hearing is desired) to the consumer at the current address of that consumer (appearing on the Borough Water Department records), the Borough may shut off service. The penalties or sanctions under this subsection may be pursued cumulatively or independently. Under this Subsection C(2), the consumer may apply for restoration of service, provided that the application is accompanied by an adequate bond (minimum to be determined by the Borough Manager) to secure compliance with applicable regulations and ordinances, including this section.
The quantity of water recorded by the meter shall be conclusive on both the consumer and the Borough, except where the meter has been found to be registering inaccurately or has ceased to register. In either case, the meter will be promptly repaired by the Borough, and the quantity of water consumed shall be estimated by the average registration of the meter on previous corresponding periods. "Previous corresponding periods" shall mean the same calendar periods in the two years immediately prior to the disputed period, and, if the consumer has not been metered for two years, it shall mean the two billing periods immediately prior to the disputed period.
In case of a disputed account involving the accuracy of a meter, such meter shall be tested upon request of the consumer. In the event that the meter so tested is found to have an error in registration of 4% or more, the bills will be increased or decreased accordingly as provided by the aforesaid rules.
Each request for the test of a meter for accuracy shall be accompanied by a deposit, the amount of which shall be set forth in a fee schedule established by a properly adopted resolution of the Council of the Borough of Middletown.
If the meter so tested shall be found to have an error in registration of less than 4%, the deposit shall be retained by the Borough as compensation for such tests; if the error in registration is found to be 4% or more, then the cost of the test shall be borne by the Borough, and the amount of the deposit shall be returned to the consumer.
The consumer shall at once notify the Borough of an injury to or any cessation in registration of the meter as soon as it comes to his knowledge. The Borough shall not be responsible for refunds or adjustments for a period in excess of two calendar quarters immediately preceding the time when a claim is made.
Any customer whose meter suffers damage or loss arising out of intentional, negligent, or careless acts or inactions of the customer or the customer’s agents, employees, tenants or any member of the customer’s household shall be responsible for the damage or loss to the meter and shall be charged a fee as set forth in a fee schedule established by a properly adopted resolution of the Council of the Borough of Middletown.
Damage or loss shall include theft, freezing, water damage, injury to the meter, or any other failure.
Each meter rate consumer is subject to a minimum charge.
Fire protection bills.
Bills for private fire protection are due and payable quarterly at the Middletown Borough Office on the 10th of the month following the date of billing.
Bills for public fire protection are due and payable monthly at the Middletown Borough Office on the 10th of the month following the date of billing.
Charges for building and construction service are due and payable upon presentation.
Bills for services, other than for water supply services, are due and payable upon presentation.
All bills will be made out in the name of the owner or owners of the premises, who will be held responsible for their payment.
A penalty of 10% will be added to all bills for water service, except bills covering service rendered to the Commonwealth of Pennsylvania or any department or institution thereof or to municipalities or school districts, if not paid by the due date. In case of bills rendered to the commonwealth or any department or institution thereof or to municipalities or school districts, a period of 30 days shall be allowed during which bills are payable without penalty. Consumers whose bills in excess of $50 are arrears 30 days or more shall be notified by mail, and, if payment is not made as prescribed by the Council, the service shall be terminated.
Any payment made which does not total the full amount of money owed by a consumer will be clearly understood to apply "on account" and will not be accepted as covering the most recent billing.
Whenever the consumer desires to have his service contract terminated or his water service discontinued, he shall notify the Borough to that effect, in writing. The consumer will be responsible for the payment of all service rendered by the Borough until such written notice is received and, in the instance of metered service, until a reasonable time from receipt of such notice shall have elapsed for the Borough to take the final reading of the meter or meters or until water service is actually otherwise discontinued by the Borough.
The presentation or nonpresentation of a bill shall not be held to be a waiver of any of the above rules.
Deposits may be required, at the option of the Borough, of consumers taking service for a period of less than 30 days, in the amount equal to the estimated gross bill for such temporary period. At the option of the Borough, deposits may be required from all other consumers, provided that in no instance will deposits be required in excess of the estimated gross bill for any single billing period, plus one month (the maximum period not to exceed four months in the case of quarterly billings or two months in the case of monthly billings), with a minimum deposit in all cases of $5.
Deposits shall be returned to the depositor when he shall have paid undisputed bills for service over a period of 12 consecutive months, beginning at any time subsequent to the making of the deposit, and any consumer having secured the return of a deposit will not be required to make a new deposit unless the service has been discontinued and the consumer's credit standing impaired through the failure to comply with the rules and regulations stated in this article.
The payment of any undisputed bills, within the meaning of this article, shall be payment of the bill, with or without discount or penalty, prior to the time that the notice for discontinuance of service for nonpayment of a bill could be sent under this article, or the payment of any contested bill, payment of which is withheld beyond the period herein mentioned if the dispute is terminated substantially in favor of the consumer and if payment is made by the consumer within 10 days thereafter.
Interest on deposits will be paid at the rate of 6% per annum without deduction for any taxes thereon. Upon deposits held for more than one year, the Borough will pay to the depositor, at the end of each calendar year, the interest accrued thereon.
Any consumer having a deposit shall pay bills for water service as rendered in accordance with the rules of the Borough, and the deposit shall not be considered as payment on account of a bill during the time the consumer has received the water service.
The Borough reserves the right, at all times, after due notice, to shut off or discontinue water service for the following reasons:
For nonpayment of water bills or neglect or refusal to comply with the water rules and regulations of the Borough.
For misrepresentation in application as to property or fixtures to be supplied or for the use to be made of the water supply.
For the use of water for any property or purpose other than that described in the application.
For the waste of water through improper or imperfect pipes, fixtures or otherwise.
In the event of vacancy of the premises.
For violation of any rules of the Borough.
For cross-connection with the Middletown water system of any private well or water supply, and the making of such cross-connection or the continuance thereof is hereby prohibited.
Consumer liable for expense of turning off and restoring service.
In the event that the water service is shut off or discontinued for any of the reasons set forth in § 256-8A above, except delinquency, and the customer wishes to obtain reconnection of service, the customer shall be charged a fee as set forth in a fee schedule established by a properly adopted resolution of the Council of the Borough of Middletown.
In the event that water service is temporarily shut off or discontinued for the performance of routine maintenance, repairs, replacement of the customer's portion of the service line or lateral, and the customer desires to obtain reconnection of service, the customer shall be charged a fee as set forth in a fee schedule established by a properly adopted resolution of the Council of the Borough of Middletown.
In the event that the water service is shut off or discontinued for delinquency, and the customer desires to obtain reconnection of service, the customer shall make the required delinquent payment, and the customer shall be charged a fee as set forth in a fee schedule established by a properly adopted resolution of the Council of the Borough of Middletown.
In the event that the water service is shut off or discontinued by the Borough due to water leakage which has not been repaired within five days, and the customer desires to obtain reconnection of service, the customer shall provide proof of repair to the Borough, and the customer shall be charged a fee as set forth in a fee schedule established by a properly adopted resolution of the Council of the Borough of Middletown.
The Borough shall have the right to cut off or discontinue water service without notice in case of breakdown or for other unavoidable causes beyond the control of the Borough.
As the necessity may arise, in case of a breakdown, emergency or other unavoidable cause, the Borough shall have the right to temporarily cut off the water supply in order to make necessary repairs, connections, etc., but the Borough will use all reasonable and practicable measures to notify the consumer in advance of such discontinuance of service. In such case, the Borough shall not be liable for any damage or inconvenience suffered by the consumer, nor in any case for any claim against it at any time for interruption in service lessening of supply, inadequate pressure, poor quality of water or any cause beyond its control. The Borough shall have the right to reserve a sufficient supply of water, at all times, in its reservoir to provide for fire or any other emergencies.
Water from fire hydrants or other fire protection systems shall be used only in case of fires, except that water from fire hydrants may be used, in reasonable amounts and at such times as the Borough Manager may permit, for the purpose of testing the hydrants and fire-fighting apparatus of the Borough of Middletown, such tests to be conducted only by the properly authorized agents or employees of the Borough and only after the consent of the Borough Manager or designee has been obtained. All other uses of fire hydrants or other fire protection systems require the approval of the Borough Manager.
The Borough reserves the right to restrict the supply of water in case of scarcity or whenever the public welfare may require it.
All waste of water is prohibited. A consumer shall keep his faucets, valves, hydrants, service line and hose in good order and condition at his own expense. Consumers are not permitted to allow water to run to waste to prevent freezing. House piping should be properly protected.
The consumer shall notify the Borough in writing, whenever he desires water service to be temporarily discontinued, and all charges will cease in accordance with the provisions of § 256-61. No refund or allowance will be made for unoccupied property when written notice has not been given. No refund will be allowed for property unoccupied for a period of less than three months' duration. The rule immediately above stated applies to vacancies of a property also, and, upon failure to properly notify the Borough, the consumer will be responsible for any damage arising to the company's property from such failure.
Only the authorized agents of the Borough shall have the right to turn on water service into any premises, except that such service may be turned on temporarily by a plumber for testing purposes, and said plumber shall shut off such water service after his temporary use of it. Only authorized agents of the Borough shall have the right to open or close any of the Borough's valves in any public or private line.
The authorized agents of the Borough shall have the right of access, at all reasonable hours, to the premises supplied with water for the purpose of reading meters, examining pipes and fixtures, observing the manner of using pipes and fixtures, observing the manner of using water and for any other purpose which is proper and necessary in the conduct of the water business and will carry with them proper credentials denoting their employment by the Borough.
Alternative means to obtain meter reading. The Borough is authorized to undertake reasonable alternative measures to obtain a meter reading. When Borough personnel are unable to obtain access to obtain the actual meter reading, the Borough may provide preaddressed postcards upon which the consumer may note the reading. Telephone reporting of the reading may be made when prior arrangement satisfactory to the Borough has been made by the consumer.
Estimated bills. The Borough may estimate the bill of any consumer if Borough personnel are unable to gain access to obtain an actual meter reading. While it is not necessary that such estimated bills be preceded by attempted action under Subsection F(1) and § 256-14 empowers the Borough Manager to make exceptions, the Borough may choose to be guided by notations or reports of the meter reading received from the consumer before invoking this traditional and useful practice of estimating the bill.
Remote readers or discontinuance of service. If or when the consumer does not provide access to read the meter as required by Subsection F, the Borough is also empowered to require that the consumer pay the Borough to put in a remote meter (on a reimbursable basis). For neglect or refusal to comply with any of the foregoing (or future) amendments to the water rules and regulations of the Borough, § 256-8 of this article shall apply, and water service may be discontinued.
The Borough will not be liable for any claims or damage arising from a shortage of water, the breakdown of machinery or other facilities or any other cause beyond its control.
No agent or employee of the Borough shall have the right or authority to bind it by any promise, agreement or representation contrary to the letter or intent of this article.
The Borough reserves the right to alter or amend this article in the manner provided by law,
Each of the following classes of premises or occupancies shall constitute a separate consumer for which separate application for service must be made.
A building under one roof and occupied as one residence or business.
A combination of buildings in one enclosure and occupied by one family.
One side of a double house having a solid vertical partition wall.
Each side or each part of a house occupied by more than one family or business, even though common.
Each apartment, office or suite of offices located in a building having several such apartments, offices or suites of offices and using in common one or more means of entrance.
Each house trailer, whether or not the same is permanently fixed to a foundation or remains movable, but to which service is rendered.
Each consumer will be supplied through a separate service line and, if on a meter basis, through a separate meter, except in cases noted in Subsection I(4), (5) and (6), as above defined, in which case each family, office, suite of offices, business and trailer shall be considered a separate consumer, even though supplied through a common service line or meter.
No water shall be provided for internal or external use to any residential, commercial industrial, agricultural, recreational, governmental or public building or structure of any kind which is constructed or remodeled and in which plumbing, water piping or water fixtures are to be installed, extended or altered in any way and for which construction a permit is required to be obtained from the Borough of Middletown (or would be required but for an exemption from a permit requirement for public or governmental agencies) unless the new, extended or altered plumbing, water piping and other water-using fixtures therein conform to the requirements and standards of Subsection A(3) of this section. The provisions of this section shall apply to any such building or structure for which such a building permit is issued, or would otherwise be required to be issued for such an exemption, on or after the ninth day of September 1985.
Customers shall be encouraged not to permit any water furnished by the Borough of Middletown to run to waste in any gutter or other impervious surface.
Each resident or property owner of the Borough of Middletown is urged to install fixtures which will reduce the quantity of water required to flush toilets and to reduce the flow rates of showers and faucets.
Requirements and standards.
Water closets operated by flush tanks. The water consumption of water closets operated by flush tanks shall not exceed an average of three and five-tenths (3.5) gallons per flush over a range of test pressures from 20 to 80 pounds per square inch gauge or a maximum of 4.0 gallons per flush cycle at any one test pressure. The fixture shall perform in accordance with the flushing test requirements cited in the ANSI 112.19.2 Vitreous China Plumbing Fixtures Standard.
Water closets and urinals operated by flushometers.
Water closet water consumption shall not exceed an average of 3.0 gallons per flush cycle over a range of test pressures from 20 to 80 pounds per square inch gauge or a maximum of 3.5 gallons per flush cycle at any one test pressure. The flushometer shall be adjusted according to manufacturer's specifications. The fixture shall perform in accordance with the flushing-test requirements cited in the ANSI 112.19.2 Vitreous China Plumbing Fixtures Standard.
Urinal water consumption shall not exceed an average of 1.0 gallon per flush cycle over a range of test pressures from 20 to 80 pounds per square inch gauge or a maximum of 1.5 gallons per flush cycle at any one test pressure. The flushometer shall be adjusted according to manufacturer's specifications. The fixture shall perform in accordance with the flushing test requirements cited in the ANSI 112.9.2 Vitreous China Plumbing Fixtures Standard.
Showerheads. Showerhead discharge rates shall not exceed 2.75 gallons of water per minute over a range of test pressures from 20 to 80 pounds per square inch gauge. The fixture shall perform in accordance with the test requirements cited in the ANSI 112.18.1. Finished Rough Brass Plumbing Fixture Fittings Standard.
Kitchen sink faucet discharge rates shall not exceed 2.75 gallons of water per minute over a range of test pressures from 20 to 80 pounds per square inch gauge. The fixture shall perform in accordance with the test requirements cited in the ANSI 112.18.1 Finished Rough Brass Plumbing Fixture Fittings Standard.
Residential lavatory sink faucet discharge rates shall not exceed 2.75 gallons of water per minute over a range of test pressures from 20 to 80 pounds per square inch gauge. The fixture shall perform in accordance with the test requirements cited in the ANSI 112.18.1 Finished Rough Brass Plumbing Fixture Fittings Standard.
Nonresidential lavatory faucets shall be either self-closing or metering faucets as described below:
Self-closing faucets shall not exceed an average discharge rate of five-tenths (0.5) gallon per minute between the pressures of 20 and 80 pounds per square inch gauge when tested in accordance with the discharge test procedure cited in ANSI A112.18.1, Finished and Rough Brass Plumbing Fixture Fittings.
Metering faucets shall be field adjustable and set so that the discharge quantity shall not exceed five-tenths (0.5) gallon of water per cycle.
Blowout toilets and urinals. Replacements of blowout toilet and urinal fixtures with like-type fixtures may be granted by local officials, upon request, where adequate justification of special need is provided.
Pressure-reducing valve. Where the service water pressure to a building is expected to exceed 60 pounds per square inch, a water-pressure-reducing valve with strainer shall be installed just downstream of the buildings's main valve so as to be accessible. The valve shall provide for pressure adjustment within the range of 50 to 60 pounds per square inch. The valve shall conform to the requirements of product standard ASSE 1003. Exemptions to this subsection are service lines to sill cocks, outside hydrants and main supply risers to buildings where pressure from the mains does not exceed 60 pounds-per square inch at the fixture branches or at individual fixtures.
Any person(s) may apply to the Borough of Middletown for an exception to the terms of this section, which exception may be granted, in the discretion of the Council, upon proof that some other device, system or procedure will save as much or more water as those set forth herein or that those set forth herein cannot be complied with without undue hardship.
The Council may, from time to time, modify, add to or remove from the standards and restrictions herein.
It shall be unlawful for any person to use or apply water received from the Borough of Middletown contrary to or in violation of the restriction herein, and, upon conviction thereof, such person shall be punished as provided in § 256-15 of this article.
The following water conservation stages shall be in effect at the following times. When Stage 2 or Stage 3 water rationing is in effect, no person, firm, corporation or any other entity shall use any water in violation of any provision of this subsection.
Stage 1 voluntary conservation. Voluntary water conservation shall be in effect whenever the Borough Manager or the Borough Council declares that the water supply or the capacity of the water system to deliver water is approaching levels at which water rationing will be required to preserve the ability of the Borough to deliver a necessary amount of water to each water user. Procedure for Stage 1 will be as follows:
The Borough Manager or the Borough Council will make public announcements in the news media that Stage 1 voluntary water conservation is in effect. The announcements will include a description of the provisions in effect.
Persons will be urged to conserve water in every way possible, in their homes and in their businesses.
People will be urged to avoid sprinkling their lawns and avoid watering gardens, shrubs or trees with a hose, unless the lawn, garden, shrubs or plants need the water to avoid damage and at any rate not more often than every second day for not more than four hours a day.
Stage 2 water rationing. Stage 2 will be in effect when the Borough Manager or the Borough Council declare that Stage 1 will be or has been ineffective in guaranteeing that the Borough will have the ability to deliver a necessary amount of water to each water user. Procedure for Stage 2 will be as follows:
The Borough Manager or the Borough Council will make public announcements through the news media concerning Stage 2 water rationing whenever Stage 2 water rationing is in effect. The announcement will include a description of the restrictions.
The following will be in effect:
No water shall be used for the watering of lawns except:
Water may be used at the minimum rate necessary to establish and maintain newly seeded and sodded grass areas when applied between the hours of 5:00 p.m. and 9:00 a.m. by means of a bucket, can or hand-held hose equipped with an automatic shutoff nozzle.
Water may be used at the minimum rate necessary to establish and maintain newly seeded or sodded nonresidential grass areas exceeding 10,000 square feet when applied between the hours of 5:00 p.m. and 9:00 a.m., by any means designed and operated to assure effective conservation of the water and approved by the Borough Manager.
No fresh water shall be used for watering of outdoor gardens, landscaped areas, trees, shrubs and other outdoor plants, by means other than a bucket, pail or hand-held hose equipped with an automatic shutoff nozzle; such applications, however, must be made between the hours of 5:00 p.m. and 9:00 a.m. However, fresh water may be applied by means of a hand-held container or hand-held hose equipped with an automatic shutoff nozzle at the minimum rate necessary to establish and maintain newly planted gardens, trees, shrubs or other outdoor plants. Sources of water, other than fresh water, should be used where available.
No water shall be used for washing paved surfaces such as streets, roads, sidewalks, driveways, garages, parking areas, tennis courts and patios, except:
No water shall be used for washing or cleaning of mobile equipment, including automobiles, trucks, trailers and boats, except:
Water may be used by commercial car washes equipped with facilities which recycle water or with timed water-dispensing equipment which restricts flow to three gallons per minute.
Water may be used for cleaning of construction, emergency, public transportation or government vehicles where necessary to preserve the proper functioning of the vehicle.
No water shall be used to fill and top off domestic swimming pools.
Stage 3 water rationing. Stage 3 water rationing will be in effect whenever restrictions beyond Stage 2 water rationing are necessary so that no water customer inside the Borough limits will be left without water. The Borough Manager shall impose Stage 3 water rationing when in his or her opinion such restrictions are required under the terms of this subsection, provided that the Borough Council will consider the action of the Borough Manager at the next meeting at which the matter may be considered, and the Borough Council may continue the Stage 3 water rationing.
The following restrictions will be in effect:
The Borough Manager will make a public announcement through the news media that Stage 3 water rationing is in effect. The announcement will include a description of the provisions in effect.
No water will be used for sprinkling lawns, and no water will be used from a hose to water any garden, shrubs or trees. These restrictions will not apply to any person, firm or corporation engaged in the business of growing or selling plants of any kind.
No water shall be used for the washing of paved surfaces such as streets, roads, sidewalks, driveways, garages, parking areas, tennis courts and patios.
No water shall be used for washing and cleaning of mobile equipment, including automobiles, trucks, trailers and boats, except water may be used by commercial car washes equipped with facilities which recycle water or with timed water-dispensing equipment which restricts flow to three gallons per minute.
Water may be used for cleaning of construction, emergency, public transportation or government vehicles where necessary to preserve the proper functioning of the vehicle.
No water shall be used to fill and top off domestic swimming pools.
It is the policy of the Borough to keep Stage 3 in effect for no longer than absolutely necessary. The Borough Manager and the Borough Council shall take steps to lift the Stage 3 restrictions as soon as lifting the restrictions will not result in any water users within the Borough limits being unable to get water.
Awards. When Stage 1 water conservation is in effect, and while any stage of water rationing is in effect, the Borough Manager will offer at least one award each month. The award will be a citation or other appropriate recognition, to be given to an individual of any age who produces a useful suggestion for saving water. The award may be for discovering a substantial water leak, for suggesting a way to do things successfully with less water, or for any idea that offers hope of reducing water consumption.
Responsibility. No person shall be convicted of violating this subsection unless such person in fact turned on water, directed the turning on of water or kept water turned on after learning it was turned on in violation of this subsection or failed to turn off automatic devices capable of turning on water in violation of this subsection. It will not be necessary, however, to present a witness who saw the accused turning on the water, if the circumstances indicated the accused did turn on the water.
Reports and review of rationing. The Borough Manager will make reports to the Borough Council at least once a week while rationing is in effect. The Borough Council will review the reports and consider any changes that may be desirable in the regulation set out in this subsection.
Explanations. The Borough Manager will from time to time send, along with monthly water bills, an explanation of the regulations set out in this subsection.
Penalty. Any person, firm, corporation or other entity violating any provision of this subsection shall be fined a sum of not more than $250 or, in default of payment of said fine or costs, shall undergo imprisonment for a period not in excess of 10 days.
Monthly water service charges (effective January 1, 2010).
The first 2,000 gallons purchased shall be at the rate of $11.33 per 1,000 gallons, or any part thereof.
The second 17,000 gallons purchased shall be at the rate of $7.30 per 1,000 gallons, or any part thereof.
Every 1,000 gallons purchased, 20,000 or more, shall be at the rate of $3.04 per 1,000 gallons, or any part thereof.
For illustration purposes:
|2,000||=||2 x 11.33||=||$22.65|
|3,000||=||2 x 11.33 + 1 x 7.30||=||$29.95|
|19,000||=||2 x 11.33 + 17 x 7.30||=||$146.75|
|20,000||=||2 x 11.33 + 17 x 7.30 + 1 x 3.04||=||$149.79|
|21,000||=||2 x 11.33 + 17 x 7.30 + 2 x 3.04||=||$152.83|
|Plus the monthly service fee|
Minimum purchase per billing cycle for single-unit residential connections:
|Size of Meter (inches)||Minimum Purchase (gallons)|
Minimum purchase per billing cycle for multiunit residential connections. Each residential unit shall be charged a separate 2,000 gallon minimum per unit. A "unit" is defined as a dwelling, flat, apartment, mobile home, or living space where a separate person/family lives; pursuant to the Code of Ordinances of the Borough of Middletown.
Minimum purchase per billing cycle for commercial or industrial connections; single unit or multiunit; per service connection.
|Size of Meter (inches)||Minimum Purchase (gallons)|
Minimum purchase per billing cycle for mixed-use commercial/residential connections. In case of two or more dwellings, flats, apartments, living space for more than one person/family, retail space, offices, schools, day-care centers, or other commercial spaces have the use of the water service through one water meter, each and every dwelling, flat, apartment, living area for each person/family, retail space, office, school, day-care center, or other commercial space, shall be charged the minimum charge of 2,000 gallons, the same as if each such unit or household has a direct and separate water service connection. In such cases, the common areas (i.e., halls, stairways, lobby, etc.) shall not be charged a separate minimum charge.
Minimum purchases per billing cycle for hospital, hotels, motels, boarding houses, nursing homes, critical-care facilities or similar facilities with nonstandard living spaces for each occupant or resident. In cases where residents or guests occupy rooms rather than complete housing units, the Utility Maintenance/Operations Department is herein authorized to calculate the equivalent number of dwelling units by examining the square foot and occupation capacities of the facility in proportion to the average daily flow or effluent discharge units. The equivalent number of dwelling units will be used to set minimum purchase requirement of said water service account.
Fire protection service connections. There is no minimum purchase for a fire service connection, in that said connection does not supply any other water service, other than a fire suppression system; being certified as such by the Utility Maintenance/Operations Department. Fire service connections shall be billed for actual water use.
Compound meter service. Certain high-capacity meters contain dual meter heads, one for a low flow rate, and a second for a high flow rate. In these cases, the water service shall be treated as one connection, and the sum of the two meter heads combined for both billing purposes and the proper application of minimum purchases.
Borough of Royalton. The Borough of Royalton shall be billed for water use pursuant to the intermunicipal agreement between the parties.
Single-family residential conversions: It is the requirement of each property owner to notify the Utility Maintenance/Operations Department upon the subdivision of a single-family residence into a multifamily residence, and, in addition to all other approvals and fees which may apply in such situations, the property owners shall then be billed at the water service rate as detailed in this chapter; without exception.
The Borough Council may, from time to time, establish spot water service rental rates, by resolution of the Borough Council, for high-capacity customers, who use in excess of 50,000 gallons, per cycle, on average.
All water usage shall be billed in arrears.
In all cases, the application of this chapter, and the determination of minimum purchases, shall be vested in the authority of the Borough Manager.
Service fee (effective January 1, 2010): $1.73 per month per service location to be included in the billing rate.
Lower Swatara Township (effective January 1, 2006). Those customers who shall be in Lower Swatara Township but maintain a service connection to the Borough of Middletown for the supply of water service shall be subject to the same fees and charges as those connections within the Borough.
The Borough Council shall establish a fee schedule setting miscellaneous water system fees and charges by a properly approved resolution of the Borough Council.
In cases where the Borough is replacing a majority of the water meters within the service area (a "replacement project"), the below water rates (the "discrepancy rate") shall apply to any volume of water that is discovered to have not been billed during the term of the old/previous meter (the "discrepancy amount").
The minimum billed quantity shall be 1,000 gallons, and use shall be calculated in 1,000-gallon quantities, or any part thereof.
For discrepancy amounts between 1,000 gallons and 4,000 gallons, the discrepancy rate is $8.57 per 1,000 gallons.
For discrepancy amounts for quantities between 4,000 gallons up to 1,000,000 gallons, the discrepancy rate is $0.0000857 per 1,000 gallons, for that part.
For discrepancy amounts in excess of 1,000,000 gallons, the discrepancy rate is $0.001 per 1,000 gallons.
The discrepancy rates in § 256-12.2A shall apply only to those amounts that went unbilled and were discovered during a replacement project. The discrepancy rates shall not apply to billing and usage discrepancies discovered at any other time.
Any customer that may have previously paid a discrepancy amount invoice calculated at any rate other than the discrepancy rate shall be entitled to a refund, which shall be applied against the existing account as a credit. Credit calculated hereunder shall apply to any discrepancy amount discovered from October 18, 2004, through the end of the replacement project.
The Borough Council shall establish a fee schedule setting fire protection rates by a properly approved resolution of the Borough Council.
The Borough Manager shall have the right to interpret and make exceptions to the rules and regulations set forth herein, but final authority shall rest with the Borough Council.
Any person, firm or corporation violating or failing to comply with any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for a term not exceeding 30 days.
§ 256-18Application to connect.
§ 256-19Imposition of fees.
§ 256-20Due date and collection.
§ 256-22Segregation of funds.
Middletown Borough Council has determined, based upon a study and report prepared by its consulting engineer, that a substantial expenditure must be made for capital additions and improvements to the existing water system and appurtenant facilities operated by Middletown Borough in order to provide service for future users of the water system, and has further determined that the cost of construction and financing of such capital additions and improvements would create an unreasonable and inequitable economic burden upon the Borough and the existing users of the water system. It is, therefore, deemed to be in the public interest of the Borough, the existing users of the water system, and future users, that all improved properties hereafter connected to the water system pay a tapping fee designed and calculated to create a capital reserve fund to provide the cost of construction and financing of such capital additions and improvements. The purpose of this article is to provide for the imposition and collection of such tapping fees.
When used in this article, the following words, terms and phrases shall have prescribed to them the meanings hereafter set forth:
- APARTMENT OR OFFICE USE
- A building which is intended to be used for continuous or periodic habitation by human beings and containing two or more family dwelling units; or which contains business or professional offices and one or more family dwelling units; or which contains business, professional or any other similar type of office or offices.
- Middletown Borough Municipal Authority.
- The Borough of Middletown, Dauphin County, Pennsylvania.
- COMMERCIAL USE
- A property which is intended to be used for the purpose of carrying on a trade, business or profession, or for social, religious, educational, charitable or public uses.
- DOMESTIC USE
- A property which is intended to be used for continuous or periodic habitation by human beings in a single family unit.
- Equivalent domestic unit, which is equivalent to the flow of 250 gallons per day.
- IMPROVED PROPERTY
- Any property located within Middletown Borough upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and which requires water service.
- INDUSTRIAL USE
- A property located within Middletown Borough upon which is intended to be used in whole or in part for the manufacture, fabrication, processing, cleaning, laundry, conversion or assembly of any product, commodity or article.
- Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
- Includes any individual, partnership, copartnership, firm, company, association, joint-stock company, trust, estate, government entity, and other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine; the singular shall include the plural where indicated by context.
- SCHEDULE OF FEES
- The schedule of connection fees, customer facilities fees and tapping fees to be charged to sewer and water customers as established by the Borough Council, in accordance with the provisions of Act 203 of 1990.
- WATER SYSTEM
- The complete water distribution system, including related and necessary facilities in addition to distribution facilities, for rendering water service in the Borough, together with any future additions, alterations, improvements, or extensions thereto.
No person shall connect any improved property with any part of the water system owned by the Authority and leased to the Borough without first making application, securing a permit therefor in writing from this Borough, making payment of the connection fee, customer facilities fee, and tapping fee as set forth in the schedule of fees. Such application shall be made on a form to be provided by the Borough and shall be obtained from the office of the Code Enforcement Officer.
A tapping fee is hereby imposed against any improved property and against the owner of such improved property whenever the owner hereafter shall connect any such improved property with a water main constituting a portion of the water system owned by the Authority and leased to the Borough, in the amount as set forth in the schedule of fees for each EDU required, or the equivalent flow required by, regardless of whether the water mains or extensions thereto are installed by the owner, developer or by this Borough. In the case of residential uses having multiple units or uses therein, a separate tapping fee shall be paid for each dwelling unit or apartment. In all other types of uses, a separate tapping fee shall be paid for each EDU or the equivalent flow required by such use, based upon the total estimated average flow needed by such improved property. However, where the actual average daily flow needed by such property during any quarterly billing period during the first year after substantial occupancy exceeds the estimated flow, the owner of such improved property shall be required to pay the additional tapping fees as determined from the actual flow records.
In those cases where an improved property is already connected to the water system, and where there is an expansion of, addition to or a change in the use of such improved property which results in an increase in the volume of water required by such property, an additional tapping fee shall be paid for each additional EDU or the equivalent flow required as a result of such expansion, addition or change in use, based upon the additional estimated average daily flow of water to such improved property. If, during any quarterly billing period during the first year after substantial occupancy, the average daily flow exceeds said estimated average daily flow, the owner of such improved property shall be required to pay the additional tapping fees as determined from the actual flow records. In the case of domestic uses and apartment or office uses, an additional tapping fee shall be paid for each additional dwelling unit or apartment or each office or suite of offices added as a result of an expansion of, addition to, or a change in the use of such improved property.
The Borough Council shall establish a fee schedule for water tapping fees by a properly approved resolution of the Borough Council.
A water connection fee is hereby imposed against any improved property and against the owner of such improved property whenever the owner hereafter shall connect any such improved property with a water main constituting a portion of the water system owned by the Authority and leased to the Borough. The Borough Council shall establish a fee schedule for water connection fees by a properly approved resolution of the Borough Council.
A water customer facilities fee is hereby imposed against any improved property and against the owner of such improved property whenever the owner hereafter shall connect any such improved property with a water main constituting a portion of the water system owned by the Authority and leased to the Borough. The Borough Council shall establish a fee schedule for water customer facilities fees by a properly approved resolution of the Borough Council.
Any fee imposed hereunder shall be due and payable at the time application is made by the owner of any improved property for a permit to connect such improved property with the water system.
Any fee imposed by this article shall be a lien on the improved property connected to and served by the water system where such fees or charges are not paid as provided herein. Said lien shall be filed in the office of the Prothonotary of Dauphin County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collecting of municipal claims. In addition, the payment of said tapping fees imposed hereunder may be enforced by this Borough in any manner appropriate under existing laws at the time they become due and payable.
All revenues received by this Borough from the tapping fees imposed by this article shall be segregated by accounting practices from other revenues of the Borough received in connection with the operation of the water system, and shall be credited to a capital reserve account. Said revenues shall be used for the purpose of construction and financing of such capital additions and improvements to the water system as may be required from time to time.