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The following words or phrases when used in this Part, shall have the meaning ascribed to them in this section unless the context clearly indicates otherwise. Also, personal pronouns shall include the singular as well as the plural number and the male, female and neuter gender.
ALLENTOWN AGREEMENT—an Agreement dated November 1, 1971, or an agreement dated August 3, 1987, between this Township and the City of Allentown, Lehigh County, Pennsylvania (the "City"), providing for the furnishing of water service to consumers located in the Township of Hanover; water rates, rents and charges and the enforcement thereof; adopting certain rules and regulations applicable to the water system and authorizing adoption of additional rules and regulations applicable to the water system, together with any supplements and amendments from time to time made thereto.
CONSUMER—a person, who, prior to, upon or after the effective date hereof, has contracted or contracts for and/or is receiving or shall receive water service for each Consumer Unit.
CONSUMER UNIT
A. A building under one roof and occupied by one family or business; or
B. A combination of buildings in one enclosure or group and occupied by one family or business; or
C. One side of a double building of house having a solid vertical partition wall;
Or
D. A building, house or other structure, or any room, group of rooms or parts thereof, occupied by more than one family or business, the water fixtures of which are used in common; or
E. Each room or group of rooms in a building occupied or intended for occupancy as a separate business or as separate living quarters by a family or other group of persons living together or by a person living alone, the water fixtures of which are not used in common; or
F. Each apartment, office or suite of offices in a building or house having several such apartments, offices or suites of offices and using in common one or more hallways and one or more means of entrance.
MULTIPLE CONSUMER UNIT GROUP—consumer units as defined in subsections E and F of the definition of a consumer unit in § 26-101.
OWNER—any person having an interest, whether legal or equitable, sole or partial, in any Property.
PERSON—any individual, firm, partnership, company, association, society, corporation, trust, governmental body or an agency, department or political subdivision thereof or any other group or entity.
PROPERTY—any building, group of buildings or land upon which buildings are to be constructed which is or may be served by the Township.
TOWNSHIP—the Township of Hanover, Lehigh County, Pennsylvania.
WATER LATERAL—connects the water system from the point of connection to the water meter of a consumer unit.
WATER SYSTEM—the water distribution facilities, including all related facilities to be constructed, installed or acquired by or for the Township, including all property, real, personal and mixed, rights, powers, licenses, easements, rights of way, privileges, franchises and other property or interest in property of whatsoever nature used or useful in connection with such facilities, and together with all additions, extensions, alterations, improvements and betterments thereof or thereto which may be made, installed or acquired, from time to time, by or for the Township.
(Ord. 68, § 1, 1/10/79; as amended by Ord. 212, 5/11/88; and by Ord. 633, 10/6/21)
1. Permit Required. No person shall uncover, connect with, make any opening into or use, alter or disturb, in any manner, any water system without first making application for and securing a permit, in writing, from the Township. [Ord. 252]
2. Persons Responsible. Where the consumer is also the owner of the property to be served, the application to the Township for water service shall be made by such owner.
Where the consumer is not the owner of the property to be served the application to the Township for water service shall be made jointly by the owner and each consumer. In such case the owner shall be legally responsible for all bills rendered to consumers occupying property of the owner.
3. Form. Such application for service shall be made on a form to be provided by the Township and shall be accompanied by such maps, reports or other data as may be required by the Township. Such application shall contain a statement of the average daily average water usage requested by the applicant. A reservation fee, as established by resolution of Township Council, will be charged for this permit in accordance with Subpart D, Water Allocation Reservations. There shall also be a connection fee which amount shall be set by § 22-121. If installation requires opening of a public street a permit for street opening, and fee payment shall be required as indicated in Chapter 21. No permit for a water connection shall be issued unless water capacity in an amount sufficient to serve the anticipated need is available to the Township and has not been previously reserved for other permits or according to the provisions of Subpart D. After 2 years of building occupancy the Township shall calculate the average daily water usage for preceding year. In the event the actual usage exceeds the capacity for which application was originally made, applicant shall be charged for such excess at the rate for the reservation fee which shall be the same as the original rate paid. If the excess exceeds the amount of the original application by more than 10%, applicant shall be charged a penalty of 25% of the reservation for the excess amount. [Ord. 252]
4. Grant of Authorization for Full and Free Access. Making application to the Township for water service shall constitute an agreement by the applicant or applicants to comply with all rules and regulations of the Authority or the Township relating to the water system and shall constitute a grant to the Township of authorization for its properly authorized and identified representatives to have full and free access to the property to be served at all reasonable times for the purpose of reading meters, for inspection and repairs, for removal of property of the Township or for any other purpose incident to rendering water service.
5. Connection to Water System Required. The owner of any improved property accessible to and whose principal building is within 150 feet of the water system shall connect such improved property therewith, in such manner as the Township may require, within 120 days after notice to such owner from the Township to make such connection, subject to such limitations and restrictions as shall be established by the Township from time to time. In the event the owner shall fail to connect such improved property, as required, the Township may make such connection and may collect from such owner the costs and expenses thereof. In such case, the Township shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such improved property to pay said bill, the Township shall file a municipal lien for said construction within 6 months of the date of the completion of the construction of said connection, the same to be subject in all respects to the general law provided for the filing and recovery of municipal claims and liens. [Ord. 365]
6. Notice to Make Connection. The notice by the Township to make a connection to the water system shall consist of a written or printed document requiring such connection in accordance with the provisions of this Part and specifying that such connection shall be made 120 days from the date such notice is given. Such notice may be given at any time after a water line is in place which can service the improved property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as at the time may be provided by law. [Ord. 365]
(Ord. 68, § 4, 1/10/79; as amended by Ord. 252, 10/17/1990, § 1; and by Ord. 365, 12/29/1997, § 2)
Water supplied by the Township may be used for all residential, business, industrial, agricultural, public or other legal purposes; provided, however, that the Township reserves the right to impose at any time such restrictions in the use of water as may become necessary due to accidents, breakdowns, shortages of water, temporary discontinuance of water service to make necessary repairs, removals or replacements or other unavoidable emergencies.
(Ord. 68, § 5, 1/10/79)
Every effort will be made to notify consumers before service is interrupted. However, no deduction in water rates will be allowed for failure on the part of the Township to supply water and the Township shall not be responsible for any losses due to inability to supply water.
(Ord. 68, § 5, 1/10/79)
In any case of a multiple consumer unit group or where the Township otherwise grants written permission for more than one consumer unit to be served through a common water meter a multiple consumption charge per quarter shall be imposed for such service in accordance with the provisions of § 26-126.
(Ord. 68, § 5, 1/10/79; as amended by Ord. 633, 10/6/21)
1. Requirement. Deposits may be required from consumers taking service for a period of less than thirty days in an amount equal to the estimated gross bill for such temporary period. Deposits may be required from all other consumers, provided that in no instance may 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), with a minimum of $10.
2. Return of Deposit. Deposits secured from a consumer shall be returned to the depositor when he shall have paid undisputed bills for service over a period of twelve consecutive months; and any such consumer, having secured the return of a deposit, shall not be required to make a new deposit unless the service has been discontinued or the consumer's credit standing impaired through failure to comply with provisions hereof.
3. Payment With or Without Penalty. The payment of any undisputed bill shall be payment of the bill with or without penalty within 30 days following the period for which the bill was rendered or payment within 30 days following the presentation of the bill, or the payment of any contested bill, payment of which is withheld beyond the period herein mentioned, where the dispute is terminated substantially in favor of the consumer and payment made by the consumer within ten days thereafter.
(Ord. 68, § 6, 1/10/79)
1. Correct Address. Every owner of improved property which is connected to the water system and any consumer of water service who is not the Owner of the property to be served shall provide this Township with and thereafter shall keep this Township advised of his correct address. Failure of any person to receive bills for water rentals or charges shall not be considered an excuse for nonpayment nor shall such failure result in an extension of the period of time during which the net bill shall be payable without penalty.
2. Change of Ownership; Discontinuance of Service. When the ownership of a property changes from one person to another, the previous owner shall notify the Township in writing and in advance, the date of discontinuance of the service under his ownership. Should the owner fail to give such notice, he shall be responsible for all charges up to and including the date the new owner makes application for service. The new owner shall make application for service in the same manner as for a new service.
(Ord. 68, § 7, 1/10/79).
1. Building Construction Purposes. Temporary water service for building construction purposes will be furnished from fire hydrants or other special hydrants at the rates herein specified (§ 26-124; § 26-125). Such services will be rendered only upon application and through a special connection which the Township will place on the hydrant. No hydrant connection shall be used at other than the designated location without permission from the Township.
3. Reservation of Right to Eliminate Service or Place Meter Thereon. The consumer shall take care not to waste water through a temporary connection. Should it be found that an unnecessary amount of water is being used, the Township reserves the right to eliminate the connection at once, or it may place a meter thereon, in which case the expense of the change will be paid by the consumer. Thereafter, the water rates, rents and charges set forth in § 26-124 shall be applicable to such service.
The Township may meter any temporary connection. Wherever this is done, the rates, rents and charges set forth in § 26-124 hereof shall replace the flat rate charge and thereafter be applicable to such service.
(Ord. 68, § 9, 1/10/79)
Subject to the provisions of § 26-128(b), upon failure of any Consumer to comply with any provision set forth herein or with any additional rules and regulations adopted by the Township relating to the water system, the Township may shut off the supply of water; cut-off and turn-on rates set forth in § 26-123 hereof shall apply in such cases.
(Ord. 68, § 10, 1/10/79)
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