[HISTORY: Adopted by the Board of Supervisors of the Township of Maidencreek as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-24-1987 by Ord. No. 99]
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
- Maidencreek Township Water Authority, a municipality authority of the commonwealth.
- BUILDING WATER SERVICE LINE
- The extension from the internal water service line system of any structure to the curb stop of an Authority water service line.
- The Commonwealth of Pennsylvania.
- IMPROVED PROPERTY
- Any property within this Township 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 this Township and used or intended for use, wholly or in part for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article.
- Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
- Any individual, partnership, company, association, society, trust, corporation, municipality, municipality authority or other group or entity.
- Includes any street, road, lane, court, cul-de-sac, alley, public way or public square.
- The Township of Maidencreek, Berks County, Pennsylvania, a municipal subdivision of the commonwealth, acting by and through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.
- WATER MAIN
- Any pipe or conduit constituting a part of the water system used or usable for water distribution purposes.
- WATER SERVICE LINE
- That part of the water system extending from an Authority water main to the curb stop located on the owner's property line.
- WATER SYSTEM
- All facilities, as of any particular time, for collecting, distributing, transmitting, and treating of water, situate in or adjacent to this Township and owned by the Authority.
The owner of any improved property accessible to and whose principal building is within 150 feet from the water system shall connect his/her improved property with and shall use this water system, in the manner as this Township may require, within 90 calendar days after notice to the owner from this Township to make this connection; subject, however, to any limitations and restrictions as shall be established herein or otherwise shall be established by this Township, from time to time. This article shall not apply to any owner who, on the date of this article's adoption, is supplied by a noncontaminated water supply. However, this article shall apply to any owner who, after the date of this article's adoption, has:
The notice by this Township to make a connection to the water main, referred to in Subsection A, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that a connection shall be made within 90 calendar days after the date a notice is given or served. This notice may be given or served at any time after a water main is in place which can distribute water to particular improved property. This notice shall be given or served upon the owner in accordance with law.
No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any water main or any part of the water system without first obtaining a permit, in writing, from this Township.
Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of an owner.
No person shall make or shall cause to be made a connection of any improved property with the water system until each of the following conditions have been fulfilled:
The person shall have notified the Secretary of this Township of the desire and intention to connect the improved property to the water system;
The person shall have given the Secretary of the Township at least 72 hours' notice of the time when the connection will be made so that this Township may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing; and
If applicable, the person shall have furnished satisfactory evidence to the Secretary of this Township that any tapping (or connection) fee which may be charged and imposed by the Authority against the owner of each improved property who connects the improved property to the water system has been paid.
Except as otherwise provided in this Subsection D, each improved property shall be connected separately and independently with the water system through a building water service line. Grouping of more than one improved property on one building water service line shall not be permitted, except under special circumstances and for good health reasons or other good cause shown, but then only after special permission of this Township, in writing, shall have been secured and only subject to any rules, regulations, and conditions as may be prescribed by this Township.
All costs and expenses of construction of a building water service line and all costs and expenses of connection of a building water service line to the water system shall be borne by the owner of the improved property to be connected; and the owner shall indemnify and save harmless this Township and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building water service line or of connection of a building water service line to the water system.
A building water service line shall be connected to the water system at the place designated by this Township or by the Authority.
If the owner of any improved property located within this Township and accessible to and whose principal building is within 150 feet from the water system, after 90 calendar days' notice from this Township, in accordance with § 214-2A, shall fail to connect such improved property, as required, this Township may enter upon the improved property and construct the connection and may collect from the owner the costs and expenses thereof in the manner permitted by law.
Where an improved property's connection to this water system is required that had previously been served by its own on-site water system, the existing building water line shall be broken on the structure side of this on-site water system and attachment shall be made, with proper fittings, to provide water service to this improved property.
No building water service line/water service line shall be covered until it has been inspected and approved by this Township. If any part of a building service water line/water service line is covered before so being inspected and approved, it shall be uncovered for inspection, at the cost and expense of the owner of the improved property to be connected to an Authority water line.
Every building water service line of any improved property shall be maintained in a sanitary and safe operating condition by the owner of the improved property.
Every excavation for a building water service line/water service line shall be guarded adequately with barricades and lights to protect all Persons from damage and injury. Any street, sidewalk and other public property disturbed in the course of installation of a building water service line/water service line shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this Township.
If any person shall fail or shall refuse, upon receipt of a notice of this Township or the Authority in writing, to remedy any unsatisfactory condition with respect to a building water service line within 90 calendar days of receipt of notice, this Township or the Authority may refuse to permit any person to use the water system until the unsatisfactory condition shall have been remedied to the satisfaction of this Township and the Authority.
This Township reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with an Authority water main and the with the water system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this article.
Any person who violates any provision of this article shall be subject to the general penalty provisions as prescribed in Article I of Chapter 1, General Provisions.
It is declared that enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Township.
[Adopted 12-13-1988 by Ord. No. 107]
As used in this article, the following terms shall have the meanings indicated:
- The Maidencreek Township Water Authority.
- Maidencreek Township.
- WATER CONSERVATION
- Any procedure or method deemed appropriate for curtailing water use including rationing.
Water conservation measures shall be placed into effect for this Township from time to time as may be deemed appropriate through resolution of the Authority. When water conservation measures are in effect, no person, firm, or corporation shall use any water in violation of any provision of this article or implementing resolution of the Authority.
The water conservation measures that may from time to time be placed into effect pursuant to this article shall be established and administered on behalf of this Township by the Authority.
The necessity for water conservation measures may occur through directives or recommendations of any federal or state governmental unit or the Authority as the Authority may from time to time deem necessary. This article's water conservation measures shall be implemented by an appropriate resolution of the Authority. This resolution shall specify the water conservation measures required. Prior to this resolution's adoption, a minimum of three days' notice shall be given to the public through one advertisement appearing in a local newspaper of general circulation setting forth the date, time, and place that this resolution will be considered for adoption by the Authority. Upon this resolution's adoption, the Authority shall notify the public through advertisement or other means of its adoption.
When water conservation measures are no longer required, the Authority shall notify the public through advertisement or other means that these measures are no longer in effect.
Among the water conservation measures that may from time to time be considered appropriate are restrictions on:
Water conservation measures may be implemented by restrictions, which may prescribe amounts, dates, or times that curtail certain water use activities.
This article's water conservation measures may be in addition to any other federal or state governmental directive requiring voluntary or mandatory water conservation measures for the Township.
Any person who violates any provision of this article or implementing resolution of the Authority shall be subject to the general penalty provisions as prescribed in Article I of Chapter 1, General Provisions.
The remedies provided herein for the enforcement of this article or any remedy provided by law, shall not be deemed mutually exclusive; rather they may be employed simultaneously or consecutively at the option of the Township.