TOWNSHIP OF PINE INDIANA COUNTY, PENNSYLVANIA

ORDINANCE  NUMBER  42

AN ORDINANCE OF THE TOWNSHIP OF PINE DIRECTING AND REQUIRING THE CONNECTION OF ALL BUILDINGS WITH THE PUBLIC WATER SYSTEM IN THE TOWNSHIP ON PREMISES ACCESSIBLE THERETO; PROVIDING FOR THE METHOD OF CONNECTION BETWEEN BUILDING AND SAID WATERLINES AND FOR THE INSPECTION THEREOF; PROVIDING FOR THE ISSUANCE OF PERMITS AND PAYMENT OF CHARGES THEREFOR; AND PROVIDING PENALTIES FOR VIOLATION HEREOF:

BE IT ORDAINED AND ENACTED by the Board of Supervisors of the Township of Pine, and it is hereby ordained and enacted by authority of the same under and pursuant to the Act of April 22,1970, P.L. 303 No. 97 (53 Purdon's Statutes 66602.2), as follows:

SECTION 1. Every owner of property in the Township of Pine (herein called the "Township") which property has now or hereafter shall have a house, building or other structure located thereon, which house, building or other structure presently uses or in the future will use water for human consumption and which property abuts and which house, building or other structure is located within 150 feet of any portion of the public water supply and distribution system (to be constructed by the Indiana County Municipal Service Authority, titled: Water Renovation 13 and depicted on pages 1 through 53 of ICMSA Contract 1-2009), and such other state and township roads as are now approved or hereafter incorporated or added to said project, in the Township by the Indiana County Municipal Services Authority (hereinafter called the "Authority") in the near future shall provide a connection at the owner's cost to the house, building or other structure located on the property with the aforementioned public water system.

SECTION 2. It shall be unlawful for any owner of property to which the provisions of Section 1 of this Ordinance apply to fail to provide the means of connection to the public water system by way of a service line and a tap to the Authority's distribution system and/or to fail to comply with the provisions of this Ordinance including the payment of the tap fee and the monthly service fee to the Authority.

SECTION 3. It shall be the duty of the Authorized Representative of the Authority to notify the owner, lessee or occupier of each structure covered hereunder in writing, either by personal service, certified mail or registered mail, to connect the same to said public water system, as herein provided, within ninety (90) days after receipt of such notice. Any owner, lessee or occupier of a structure who cannot comply with the provision of this Section as to connection within the ninety (90) day period stipulated above due to causes beyond his control shall apply to the Authority within said ninety (90) day period for a time extension of up to six (6) months in duration. Said application shall be made on a form to be furnished by the Authority and shall contain a voluntary agreement on the part of the applicant under which the applicant shall agree to commence paying the regular monthly water bill immediately even though actual connection to the public water system will not be accomplished until some later date within the said six (6) month extension period.

SECTION 4. It shall be unlawful for any person, firm or corporation connected to the public water system to connect to or permit the connection by any other person, firm or corporation of any other source of water supply for human consumption to the public water system.

SECTION 5. No person, firm or corporation not presently connection to the public water system shall make or cause to be made any connection with the public water system until he has fulfilled all of the following conditions:

a. He shall make application to the Authority, as the Township's Agent, upon a permanent form to be formulated and supplied by the Authority, for permission to connect to the aforementioned public water system. Among other things, the applicant must state the character and use of each structure located on his property.

b. He shall pay the required tap connection fee as provided under the rules and regulations of the Authority.

c. No work shall commence before the payment of the aforesaid tap connection fee     and issuance of the aforementioned connection permit.

d. He shall give the designated Inspector of the Township or the Authority at least twenty-four (24) hours notice of the time when such connection shall be made in order that said Inspector can be present to inspect and approve the work of connection. The Inspector shall signify his approval of the connection by endorsing his name in the possession of the permitees.

       e.  At the time of the inspection of the connection, the owner or owners of the property shall permit the Inspector full and complete access to all water system facilities in each building and in and about all parts of the property.    No water  connection line shall be covered over, or in any way concealed, until after it has been inspected and approved by said Inspector.

SECTION 6. The construction of all connections between the building and the public water system shall be done in accordance with the specifications, plans and procedures established by the Authority in its Water System Rules and Regulations, as the same may be from time to time published and amended, copies of which will, upon adoption of the Authority, be maintained on file with the Pine Township.

SECTION 7- If the owner or owners of any houses, buildings, or structures in the Township shall neglect or refuse to comply with the provisions of this Ordinance or the written notice as prescribed in Section 3 hereof, the Authority may perform or cause to be performed such work and labor and furnish or cause to be furnished such material as may be necessary to comply with the provisions of this Ordinance at the cost and expense of such owner or owners, together with 10% additional thereof on all charges and expenses incidental thereto, which sum shall be collected from said owner or owners for the use of the Authority as debts are by law collectible, the Authority may, by its proper officer, file lien therefore against said premises as provided by law.

SECTION 8. If one or more mobile homes, located in a mobile home park, are subject to the provision of this Ordinance by reason of being located within 150 feet of the public water system of the authority, all mobile homes in such mobile home park shall be subject to the provisions of this Ordinance regardless of whether or not located within 150 feet of the public water system of the Authority.

SECTION 9. In addition to any penalty hereinabove prescribed, any person, firm or corporation failing to make the proper connection within the time specified, after receipt of proper notice as provided in Section 3 hereof, shall, upon conviction hereof before a District Justice, pay a fine or penalty of not less than Twenty-five and No/100 ($25.00) Dollars, nor more than Three Hundred and No/100 ($300.00) Dollar, and upon default of payment of either thereof, shall be sentenced to undergo an imprisonment of not less than five (5) days nor more than thirty (30) days in the County Jail.

SECTION 10. It is hereby declared as the legislative intent that the invalidity of any section, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance which shall be given effect without such invalid part or parts.

SECTION 11. All ordinances or resolutions or parts of ordinances or resolutions not in accord with this Ordinance are hereby repealed insofar as they affect this Ordinance.

ORDAINED AND ENACTED INTO LAW BY the Board of Supervisors of the Township of Pine in lawful session assembled this 5th day of January, 2009.

PINE TOWNSHIP BOARD OF SUPERVISORS

      James R. Shirley

Harold Michaels

Keith A. Muir

Attest:  Jennifer Lindahl

PINE TOWNSHIP RESOLTION 20100706

WATER ORDINANCE 42 EXTENSION AMENDMENT

WHEREAS the Indiana County Municipal Services Authority (ICMSA) is extending waterlines from Heilwood to Strongstown in Pine Township with Penn Vest funds through the jurisdiction of the Pine Township Water Ordinance No. 42; AND

WHEREAS the Project was titled Water Renovation 13 and did not extend to the immediate area along 422 West of Strongstown including Deer Lane and Hemlock Lane; AND

WHEREAS the people in the area have petitioned ICMSA to extend water mains to the immediate area; AND

WHEREAS there is enough money in the construction contingency fund to accomplish this extension;

BE IT RESOLVED by the Supervisors of Pine Township that they give approval to ICMSA to extend water mains as depicted on the attachment, labeled "Dwg GT (WR 13) 422 W" to include the immediate area of 422 West from the Strongstown Intersection West to 13900 Highway 422 including Deer Lane and Hemlock Lane and that all the provisions of Water Ordinance 42 shall apply to the project area.

ORDAINED BY the Board of Supervisors of Pine Township in lawful session assembled this 6th day of July. 2010.