Hemlock Farms Administrative Code

| Chapter 252 - Vehicles & Traffic | Chapter 254 - Waterfront & Dock Controls | Chapter 255 - Vehicle Identification Stickers |
|Chapter 259 - Water System | Chapter 260 - Control of Backflor & Cross-connections | CHAPTER 252 - VEHICLES AND TRAFFIC

(Amended 7-26-9, 9-23-00, 11-17-01, 4/27/02, 6/22/02, 8/24/02, 1-25-03, 4-26-03, 8-26-03,12-13-03, 11-20-04, 4-8-06, 5-20-06, 7-21-07)

252-1 Non-Compliant or Abandoned Vehicles (Amended 10-24-93, 05-20-95, 02-22-97, 9-23-00, 5-20-06)

A. Definition: A vehicle shall be considered non-compliant or abandoned if it does not bear all of the following for more than a thirty (30) day period:

1. A valid registration plate

2. A valid certificate of inspection

3. An ascertainable vehicle identification number

4. A Valid HFCA Sticker

B. It is prohibited to abandon or leave unattended a vehicle on or along a roadway ortother property maintained by HFCA without permission of the Public Safety Department.

C. It is prohibited to have a non-compliant or vehicle on private property.

D. Any Public Safety Officer, upon approval of the Community Manager or Director of Public Safety, may cause any vehicle parked, disabled, non-compliant or abandoned on any roadway, berm or place maintained by HFCA, so as to interfere with or hinder the removal of snow or the normal movement of traffic, to be removed at the owners expense.

E. The assessment for violation of Section 252-1 B and C is $25 per vehicle for the first day, plus $10 per day for each additional day that the violation continues and if applicable any costs incurred in having the vehicle(s) removed. The assessment for vehicles in violation of Section 252 – 1 (D) shall be $100, and costs incurred in having the vehicle(s) removed.

252-5 Accidents

A. Involving death or personal injury. The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident, or as close thereto as possible, but shall then forthwith return to the scene. The driver shall remain at the scene of the accident until he has given his name, address and the registration number of the vehicle he is driving and shall, upon request and if available, exhibit his operator's license to the person struck or the driver or occupant of any vehicle collided with and shall render to any person injured in the accident reasonable assistance and shall make a report of such accident to the Public Safety Department and the Pennsylvania State Police.

B. Involving damage to vehicle. The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident, or as close thereto as possible, but shall forthwith return to the scene and, in every event, shall remain at the scene of the accident until he has given his name, address and the registration number of the vehicle he is driving and exhibited, upon request and if available, his operator's license to the driver and shall make a report of such accident to the Public Safety Department.

C. Duty upon striking fixtures or roadway. The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall, upon request and if available, exhibit his operator's license and shall make a report of such accident to the Public Safety Department.

D. Duty upon striking an unattended vehicle. The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place on the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.

E. Duty upon striking animals. The driver of any vehicle which strikes a deer, bear or turkey or any domesticated animal shall immediately contact the Department of Public Safety to inform it of the location and the condition of the animal.

F. The assessment for violation of Section 252-5 A or 252-5 B is $100. The assessment for violation of Section 252-5 C thru E is $25.

252-10 Bicycles, Mopeds, etc.(Deleted 8-24-02)
252-15 Citations; Special Assessments (Amended 6-18-94)

A. Public notification of the Hemlock Farms Vehicle and Traffic Codes (Chapter 252) shall be printed in the current year HFCA Official Handbook.

B. On behalf of the Association, employees of the Public Safety Department shall enforce the provisions of Chapter 252 of the code in accordance with the schedule of assessments described for its respective sections or sub-sections.

C. Any person receiving a citation for violating a specific code section shall be assessed for the violation in accordance with the special assessment described for that section.

D. Special assessments shall be payable at the HFCA office within twenty (20) days from the issuance of the citation.

E. The Board of Directors shall empower and authorize the HFCA staff to collect such special assessments and to initiate collection proceedings therefore, including but not limited to the filing of liens and seizure and sale of members' real property for the purpose of collecting said special assessments and reasonable collection fees and costs.

F. Consistent with Section 2.4(C) of the ByLaws, members shall be responsible for any damages or violations attributable to their immediate family, guests, tenants and invitees.

252-20 Commercial Vehicles (5-1-94, 11-17-01)

A. DEFINITIONS. For the purpose of this section, the following terms shall have the meanings indicated:

COMMERCIAL VEHICLE: Any vehicle used for commercial business, including but not limited to delivery vehicles, service vehicles, repair vehicles and maintenance vehicles and vendor vehicles.

B. Whoever operates or causes to be operated a vehicle over ten-thousand pounds GVW used for commercial purposes shall display on both sides the name of the owner or lessee in letters not less than three (3) inches in height. This includes but is not limited to construction vehicles, contractors' vehicles and vendors' vehicles. (Revised 4-30-88)

C. Commercial vehicles over ten-thousand pounds GVW may not enter or park within Hemlock Farms between the hours of 6:00 p.m. and 7:00 a.m. (Revised 2-23-91) or all day Saturday between July 1 and Labor Day and Sundays all year.

EXCEPTION
1. Delivery vehicles including but not limited to: furniture/appliance deliveries, fuel deliveries, moving trucks, service inside dwellings, estimators, lawn and garden supplies, e.g. lawn furniture, decorative items, trees, shrubs, bagged materials, home maintenance vehicles, emergency repair or maintenance vehicles and vendor vehicles. The aforementioned vehicles will be allowed entry between 6 p.m. and 7 a.m. but may not park overnight within Hemlock Farms.

2. Unless they are owned by Hemlock Farms property owner or resident, and are used for daily personal transportation and meet the following criteria:

a. It is a model (Pick-up, Utility body truck or Van) normally used by the general public for personal transportation.

b. The truck has no commercial lettering appearing with a size greater than four (4) inches and within an area not to exceed thirty (30) inches in width by eighteen (18) inches in height.

c. The vehicle is less than two hundred forty-nine (249) inches long and less than eighty-five (85) inches high.

d. The vehicle's gross vehicle weight rating does not exceed ten thousand (10,000) pounds.

e. The vehicle has no attachments in the rear except for Pick-up trucks, cap or tool box.

f. The vehicle shall not be loaded with anything which would cause it to exceed the dimensions or weight restrictions mentioned in paragraph 3 and 4 above.

D. The assessment for violation of Section 252-20 B or 252-20 C shall be $25 for each incident. It is further recommended that a phase in period of one (1) year from date of passage, be enacted.

252-25 Deleted 4-8-06

252-30 Contractor's Vehicles; Builders/Construction (Amended 6-22-02, 4-26-03,4-8-06)

A. Definitions. For the purpose of this section, the following terms shall have the meanings indicated:

CONTRACTOR'S, BUILDER'SCONSTRUCTION VEHICLES - Any motor vehicle with two (2) or more axles, used primarily for construction operations, including but not limited to dump trucks, cement trucks, farm trucks, tractors or earthmoving equipment.

B. Whoever operates or causes to be operated a vehicle over ten-thousand pounds GVW used for cemmercial purposes shall display on both sides the name of the owner or lessee in letters not less than three (3) inches in height.

C. Contractors'and builders' vehicles will be allowed entry for business Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. and Saturday from 9:30 a.m. to 6:00 p.m. between Labor Day and July 1. (Revised 5-18-96)

1. Exceptions. Any contractor or builder who wishes workers or subcontractors to work in Hemlock Farms beyond 6:00 p.m., on weekdays only, shall apply to the HFCA office before 3:00 p.m. on weekdays for a working permit. The permit will include the name(s) of each person who will be working and the location where or at which they will be working. The permit will only be issued to the contractor or his superintendent.

C. Such vehicles will not be allowed entry on Sundays or national holidays or on Saturdays between July 1 and Labor Day, inclusive, except in emergencies.

D. Contractors' equipment or trucks may load and unload from the HFCA right-of-way, provided that all safety precautions are taken as prescribed by the Pennsylvania Department of Transportation.

E. At the end of every working day, all contractors' and/or builders' vehicles must be removed from the HFCA right-of-way, e.g., either totally removed from Hemlock Farms or, with the individual property owner's permission, parked in a private driveway near the building site and within the boundaries of the respective lot.

F. Workers' personal vehicles may park on shoulders at the site at which they are working as long as they do not park on the pavement. Any damage to the shoulders or berms as a result of this parking will be repaired by the prime contractor who has employed the worker doing the damage, and said damage will be reported to the Department of Public Safety.

G. It will be the responsibility of the contractor to clear all roads maintained by the HFCA of any debris caused by the contractors' vehicles prior to 6:00 p.m. of the same day the debris was left.

H. Vendors. In addition to the above (except Subsection C), vendors shall be required to obtain a yearly permit from HFCA prior to doing business in Hemlock Farms.

I. The assessment for violation of Section 252-30 B thru G shall be $25. The assessment for violation of Section 252-30 H shall be $75 and/or charges for trespass shall be filed with the appropriate district justice.

252-31 Tag Axle (Added 8-26-03)

A. Definition: For the purposes of this section, the following shall define lift axle.

An auxiliary axle, that is used to aid in the distribution of weight of a loaded vehicle upon a roadway and is activated by the driver of the vehicle.

B. Any vehicle equipped with a lift axle and carrying any load, no matter what the weight, shall utilize the lift axle when being operated on any roadway or place owned or maintained by the Hemlock Farms Community Association.

C.The assessment for violation of Section 252-31 B shall be $100 (one hundred dollars) plus restitution of any damages that may occur as a result of the violation.

252-35 Covering and Securing of Loads (Amended 12-15-01)

A. No motor vehicle or trailer shall be driven or moved on any roadway or place maintained by the HFCA unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping, while being operated within Hemlock Farms.

B. Every load consisting of bulk materials such as sgravel, dirt, stones, brush, sand, etc. on a motor vehicle or trailer shall be covered and fastened so as to prevent the load or covering from becoming loose, detached or in any manner a hazard to other users of HFCA roadways while being operated within Hemlock Farms.

C. The assessment for violation of Section 252-35 A and B is $25 plus restitution for any damages that result from the violation.

252-38 Definitions

Unless otherwise noted, definitions of any term(s) within this Chapter 252 will be governed by the Pennsylvania Vehicle Code.

252-40 Driver's License Required (Amended 12-15-01)

A. No person shall operate a motor vehicle on any road or place maintained by the Hemlock Farms Community Association without being in possession of a valid operator's license issued to them. The license shall be produced upon request of a Public Safety Officer.

B. The assessment for violation of Section 252-40 A is $50.

252-45 Emergency Vehicles

A. Duty to yield to emergency vehicles. Ambulance, Rescue, Public Safety and Fire Department vehicles, when operated in response to calls or when Public Safety is in pursuit of a motor vehicle operator for which he has probable cause to believe that the operator has committed or is in the process of committing a violation of law, shall have the right-of-way. On the approach of any such vehicle from any direction and when such vehicle is sounding a siren and/or emitting a flashing light, the driver of every other vehicle shall immediately draw his vehicle as near as practicable to the right-hand side of the road, clear of any intersection, and bring it to a standstill until such public service vehicles have passed.

B. For the purpose of this section, any vehicle owned and maintained by a Fire Department, Ambulance Department, Rescue Department, the HFCA Public Safety Department or any vehicle registered as an "emergency vehicle" with the Commonwealth of Pennsylvania is classified as an "emergency vehicle."

C. The assessment of violation of Section 252-45 A is $50.

252-46 Fleeing or Attempting to Elude Public Safety Officer

A. It is prohibited for any driver of a motor vehicle to willfully fail or refuse to bring his/her vehicle to a stop, or who otherwise flees or attempts to elude a pursuing Public Safety Officer, when given visual or audible signal to bring the vehicle to a stop.

B. The signal given by a Public Safety Officer may be by hand, voice, emergency lights or siren.

C. The assessment for violation of Section 252-46 A is $100.

252-50 Fire Hoses

A. No vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any roadway, private road or driveway for use at any fire or alarm of fire, without the consent of a Fire Department Officer, Public Safety Officer or other attired person authorized to direct, control or regulate traffic at the scene.

B. The assessment for violation of Section 252-50 A shall be $25 plus restitution for any damage that results from the violation.

252-55 Enforcement

Definitions. For the purpose of this section, the following terms shall have the meanings indicated:

A.PUBLIC SAFETY OFFICER - Any person employed by the Hemlock Farms Community Association who is either full-time or part-time and who has completed either the Act 120 or Act 235 requirements and whose primary responsibilities is to patrol HFCA properties or roads.

B. The HFCA Department of Public Safety shall be empowered to issue citations for vehicular violations, including but not limited to moving violations, parking violations or any violation with Chapter 252 of the Hemlock Farms Code Book and/or the Pennsylvania Vehicle Code.

C. The Department of Public Safety shall be authorized to initiate a trespass complaint for any unauthorized use of any road or place maintained by the HFCA. This will include any motor vehicle violations committed by any person not a resident.

D. The HFCA reserves the right to require permits or to levy road tolls on trucks, trailers and other commercial vehicles as it deems necessary. The HFCA reserves the right to remove any apparently abandoned vehicle or any vehicle found repassing under the aforementioned sections or cause them to be removed by a commercial towing operator, at the sole risk and liability of owner (Chapter 73 of the Vehicle Code).

Deleted 12-15-01. 252-60 Following too Closely

A. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the roadway.

B. The assessment for violation of Section 252-60 A is $25.

B. Every person operating a bicycle, moped, motorized bicycle or motorized tricycle shall ride the same as far as practicable to the right side of the roadway at all times, except when making a left turn.

C. The assessment for violation of Section 252-140 A is $25.
The assessment for violation of Section 252-140 A is $15.

252-150 Subsequent Offenders (Added 2-27-99)

A violation of either 252-112 or 252-130 B within two years of a previous violation of either of those sections shall be assessed an additional fine of $200.00 (two hundred dollars). Any further violation within that three year period shall be assessed an additional fine of $300.00 (three hundred dollars.) 252-200 Violations Not Covered by Chapter 252 (Amended 7-21-07)

A. The Pennsylvania Vehicle Code will apply for any violations not covered by this Chapter 252.

B. The assessment for any violation of Section 252-200 shall be the same as the fine set forth in the Pennsylvania vehicle code for the cited offense.

Back to top CHAPTER 254 - WATERFRONT & DOCK CONTROLS

254-1 Docks (Amended 8-21-93)

A. There shall be no private bulkheads constructed except for erosion control purposes or in accordance with applicable Federal or State promulgated requirements. All existing bulkheads shall be retained and be maintained for erosion control purposes only.

B. Each water front property as designated by Hemlock Farms Community Association is permitted one dock, to be used only by the occupants of the property to which the dock is incident.

C. All docks must meet the following standards:

1. Dock Size: Eight by ten (8 x 10) feet maximum dimension.

2. Ramp size: Ten by four (10 x 4) feet minimum. Each ramp is to be constructed so as to be of the minimum size which will avoid affecting wetlands and must be approved by the Hemlock Farms Community Association Building Inspector.

3. All docks and ramps shall be secured in accordance with appropriate methods approved by the Department of Environmental Resources.

D. Existing non-conforming docks and ramps, as of the date of adoption of this section, may remain only until the docks and ramps are replaced or required to be removed, altered or modified in accordance with requirements promulgated by the Department of Environmental Resources.

E. All proposed dock and ramp plans must be approved by Hemlock Farms Community Association Building Inspector and Architectural Committee prior to construction. No construction thereof shall be undertaken unless and until a building permit issued by Hemlock Farms Community Association's Building Inspector has been received.

F. The above regulations are supplementary to and not in derogation of the regulations or permit requirements of the Commonwealth of Pennsylvania, which regulation and requirements must be complied with.

G. In the event of a violation of any of this section, the member will be notified in writing and given thirty (30) days to correct the violation. If the violation continues or still exists after this period a fine of $10. will be assessed to the member's property for each and every day that the violation exists.

254-2 Regulations for Waterfront Properties

A. No structures except for one properly authorized dock, path thereto not wider than 5' in width shall be permitted on any properties within 30' of the high water mark of any body of water within Hemlock Farms.

B. No such path shall be paved or of concrete, but rather shall be comprised of gravel, stone, wood or durable ground cover type vegetation.

C. The naturally existing condition within the 30' foot corridor shall not be altered, changed, removed or disturbed except for the purpose of installation or construction of a path as aforesaid.

D. Definition - STRUCTURE: Any man made combination of materials forming a unit which requires location in or on the ground, or which is attached to something having an ascertainable fixed location on the ground.

E. There shall be no structure, except properly authorized and permitted docks placed on or in the waters of any body of water within Hemlock Farms, except for HFCA registered boats, canoes and similar water craft used for the recreation and pleasure of the members of Hemlock Farms Community Association.

F. The naturally existing condition from the shoreline and into the water shall not be altered, changed or disturbed, except as permitted in 254-2(E) (also see Chapter 98).

G. In the event of violation of any of this section, the member will be notified in writing and given thirty (30) days to correct the violation. If the violation continues or still exists after this period a fine of $10. will be assessed to the member's property for each and every day that the violation exists.

Back to top CHAPTER 255 - VEHICLE IDENTIFICATION STICKERS

(3-19-94)

255-1 Purpose

A vehicle permit/sticker is issued by HFCA for attachment to vehicles owned by members (property owners) and their registered renters and or authorized personnel. Vehicles entering the property shall affix a valid vehicle permit or shall display a valid guest pass.

255-2 Transferability

Stickers are not transferable and shall not be placed on any vehicle other than the one to which it is registered at the HFCA Office. Vehicle stickers shall remain the property of HFCA.

255-3 Registration

When obtaining a vehicle sticker, a valid vehicle registration shall be presented. The sticker shall be used only for that particular vehicle.

255-4 Validity

The vehicle sticker will be valid through June 30. The sticker will be valid only when properly affixed to the registered vehicle. "Properly affixed" is defined as "attached to that part of the vehicle in accordance with directions accompanying the issued sticker".

255-5 Replacement

A fee of $10 will be paid for a replacement sticker in the event of one being lost, stolen or vandalized. Damaged stickers will be replaced free of charge upon return of the damaged sticker and presentation of the valid vehicle registration.

255-6 Enforcement

In the event a violation of any one of Sections 255-1, 255-2, 255-3, and 255-4 a charge of $25 per incident will be assessed to the property owner. Additionally, in accordance with Article 2.4(C) of the Bylaws the property owner shall be responsible for all damages attributable to the property owner, his or her immediate family, his or her guests, tenants and visitors.

Back to top CHAPTER 259 - WATER SYSTEM

(Adopted 8-26-95 Amended 2-17-01, 5-19-01, 5-18-02, 6-22-02, 9-14-02, 6-28-03, 9-11-02)

259-1 Purpose

The purpose of the water system is to provide potable drinking water to the Regular members and approved Associate members of Hemlock Farms Community Association.

259-2 Definitions

Whenever used in these rules and regulations, the following terms shall have the meanings here set forth:

ASSOCIATION - The Hemlock Farms Community Association and its duly authorized officials and employees, when acting within the scope of their employment and authority.

CUSTOMER - Any Member, consumer or owner contracting with the Association for water services for one (1) or more residential or business units served through a single service. In general this will refer to Regular and Associate members.

PREMISES - Property within the geographical limits of Hemlock Farms as regulated by the Articles of Incorporation and/or Bylaws of the Association, together with all buildings and structures, if any, erected thereon.

259-3 Ownership and Responsibility

A. With the exception of those components noted in 259-3(B), the water system is owned and operated by the Hemlock Farms Community Association.

B. The Association is responsible for the care, maintenance and replacement of well equipment, storage tanks, underground main and lateral lines along roads, fire hydrants, associated electronic equipment, water meters and remote meters (regardless of location) and shut off valves in the street or adjacent right-of-way. The customer is responsible for all water supply and water components beginning at, but excluding, the shut-off valve in the street. Repair, maintenance and/or replacement of the service line from the street shut-off to the Premises, including all fixtures, fittings, pipes and valves on the Premises (excluding the water meter) is the responsibility of the customer.

C. HFCA water installations, i.e., water meters, curb stops, gate valves, fire hydrants, etc., shall not be handled, operated or tampered with at any time by persons not authorized by HFCA. Violations will be considered by the HFCA as an act of trespass and malicious mischief.

259-4 Membership

A. MEMBERS. Members of the Association are defined in the Association's Bylaws, and consists of those persons who are Regular Members, owners of lots or parcels of land whose deeds contain covenants or restrictions requiring membership in the Association and Associate Members, owners of other lots or parcels of land not subject to the covenants or restrictions and who have applied for and have been granted such membership in the Association. A member may not resign or transfer his/her membership as long as he/she owns a lot in the development.

B. RIGHTS OF ASSOCIATE MEMBERS. The rights of Associate Members shall be limited to the receipt of water or other services from the Association conditioned upon payment of such assessments, usage or standby fees as the Board of Directors shall from time to time establish in connection with the furnishing of water or other services. The Board of Directors may accept, reject or terminate such additional Associate Members as it shall, in its discretion, determine.

259-5 Applications for Water Service (Amended 5/17/03, 6-28-03)

A. Written application for water service to any Premises shall be made by the owner of the Premises or by the agent of the owner on a form to be furnished by the Association.

B. The application and its acceptance by the Association shall constitute a contract between the Association and the applicant obligating the applicant to pay the Association in accordance with its rates, as established from time to time, and to comply with its rules and regulations.

C. Only the HFCA may drill wells within Hemlock Farms Community. No private lot owner wells of any type may be constructed within Hemlock Farms Community. Any previously constructed private lot owner wells should be abandoned in accordance with abandonment procedures outlined by the American Waterworks Association.

D. Any new well drilled in violation of C above will be subject to a penalty of $2,000 per month from the date of violation until the well is abandoned. The owner must abandon any such well under the inspection of the Association and in accordance with the American Waterworks Association's procedures. If such well is not abandoned after one year of the violation, the Association shall perform the abandonment and charge the owner for the direct cost. The owner is responsible for complying with all appropriate enforcement agencies in such well abandonment.

259-6 Construction Requirements (Amended 5-19-01, 5-18-02)

A. Permit for Construction Use

Members shall obtain a written permit from the Association before using water for building, construction, or contracting purposes and shall pay at the office of the Association for the amount of water services in accordance with the schedule of rates then in effect.

B. Service Lines

A separate application must be made for each Premises, and each Premises must have one separate service line with curb stop. No customer/member may serve two (2) or more Premises with water from one (1) meter. The Association reserves the right to shut-off any joint service line, after giving reasonable opportunity for the owner's to attach to separate service connections at the member's cost. If after a service line is installed the customer desires a change in the location of the connection, the cost of the change shall be paid by the customer.

C. Crawl Space and Basement Requirements

i. An access opening of at least three by three (3 x 3) feet into the crawl space or basement is required generally.

ii. Where it is not possible to provide entrance from the outside, the access from the house interior to the crawl space or basement through the floor, must be at least two by three (2 x 3) feet.

iii. Whenever a water meter is installed in a crawl space or basement, the following criteria will apply:

(a). At least three (3) feet of clear headroom is required along the route from the access point to the meter location.

(b). The heating of the crawl space or basement is entirely the responsibility of the owner. A crawl space heater of sufficient capacity for the particular area, or other heating devices to prevent pipe, valve and/or meter freezing, shall be provided and properly maintained by the owner.

D. Specifications (Amended 2/17/01, 5-18-02)
Individual service lines for new construction, or replacement lines, must be three-fourths-inch copper seamless tubing, type K, rated for at least two hundred (200) pounds per square inch, and shall be laid to a depth of not less than four (4) feet six (6) inches under the surface of the ground. Sections of copper service lines laid beneath driveways or passing through concrete foundations or concrete slabs shall be encased in a larger schedule 40 plastic pipe. Both pipes located beneath a driveway shall be laid to a depth of not less than five (5') feet and placed in a one (1') foot minimum sand bed. The remaining copper line shall lie in a minimum twenty (20") inch sand bed with eight (8") inches placed under the service line and twelve (12") inches above the service line. A pressure-reducing valve is required at the point of entry to the house. No other services lines or pipes shall be laid in the same trench with the individual service line. All service line connections must be made with materials and fittings as stated in the HFCA specifications for service line installation and replacement, which may be amended from time to time.

ii. All pressure water lines must be located at a distance from a septic field and a sewage treatment tank as specified in the local Township Building Codes.

iii.See Attachment A for specifications regarding water meter installations.

E. Customer Service Lines and Fixtures (Amended 8-23-97)

All customers receiving water service must provide a stop and waste valve located on the Premises at or near the point where the water service line enters the building and must be so arranged that the water can be drawn from it in case of danger from frost. Additionally a Back-flow Preventer shall be installed at the in-coming side of the meter in conformance with the PA Safe Drinking Water Act. All water pipes and fixtures connected to the system shall be kept in good repair and protected from frost and freezing conditions at the member's cost per Code 260.

F. Winter Service Connection

The Association reserves the right to defer the installation of service connections during the winters months until a time as, in the judgment of the Association, conditions are suitable for the installation. The Association shall not unreasonably delay such installation.

G. Service Connections

The Association shall at its expense, tap the main line and furnish, install and maintain the lateral line from the main tap up to and including the street shut-off valve. The service line from the street shut-off valve directly to the Premises (including any necessary trenching) shall be installed by and at the expense of the applicant including all repairs, maintenance and replacements, as noted in section 259-3 (B).

H. Customer Service Line Replacement (Added 2-17-01, 5-19-01)

All non type K-copper customer service lines must be completely replaced upon the occurrence of the first break in the service line, not including leaks occurring at the curb valve connection or the meter connection and the plumbing connection inside a dwelling. All service line replacements must be done in accordance with the specifications in Code Section 259-6 D.

259-7 Metering (Amended 8-23-97, 5-18-02, 9-11-04)

A. HFCA water meters may be installed at the roadside, in crawl spaces, in basements or in utility rooms depending upon factors of accessibility, construction, geology and winter freeze considerations.The service line shall enter the foundation wall where the meter will be located to accommodate the above considerations. A maximum of three (3') feet of service line is allowed before the water meter connection.A hardship must be shown to request longer runs of service line before the meter. The meter may be installed vertically or horizontally.<Remote metering devices to record water usage shall be connected to the meter at the discretion of the Association.

B. Driveways, parking pads or other obstructions shall not be installed closer than six (6) feet from the edge of the driveway to the edge of a street shut-off valve or meter pit cover.

C. Where necessary, space for the water meter pit and/or street shut-off valve shall be excavated by the owner who shall install a "street barrel" structure approved by the Association and also backfill and dress up this excavation after the installation of the meter box.

D. A water-metering device will be supplied and installed to serve the Premises by the Association. The owner shall provide the proper fittings for installation at the option of the Association. The metering device may be equipped with a remote meter which the Association shall have the right to mount or install on the exterior of the Premises being serviced in a location convenient to the Association. The remote meter and related equipment are the property of the Association and shall be maintained by the Association.

E. The Association may discontinue service to any customer who bypasses, removes, reverses, unseals or otherwise tampers with any metering device. The customer shall be responsible for damage to any metering device or register, if the damage is the result of abuse, neglect or other mistreatment of the meter device or register by the customer. This shall include the replacement of a meter which is damaged or broken by freeze conditions and requires replacement (See 259-6-C), with the exception of meters located in street barrels. Charges for replacing a damaged meter will be in accordance with the water company fee schedule. Any subsequent replacement of a meter due to freezing will be charged an additional $200 above the fee schedule.

F. In the event that a customer desires to have the accuracy of a meter checked, re-read or replaced, the Association will comply with the request and will charge the customer the appropriate fee as established by the Association in its schedule of rates. If a customer so requests, the customer or his/her representative may be present to witness an inspection of the meter. If a meter shall be found to be accurate, the fee shall be due and payable by the customer; if the meter shall be found to be inaccurate, no inspection fee shall be charged to the customer. A report of the test shall be made to the customer.

259-8 Water Service

A. No customer shall be allowed to supply water to any other Premises, nor shall any person take or carry away water from any hydrant, water faucet at any HFCA facility or HFCA water fountain, or fill any swimming pool with water from the HFCA water system without the written consent of the Association.

B. Water will be supplied to Premises upon compliance with these rules and regulations after the proper connections have been made and inspected by the Association, and written notice issued by the Association to the owner.

C. The street valve is installed by the Association for the purpose of controlling the water supply to the customer. No person or persons, except authorized agents or employees of the Association, shall open or close the street valve. No one but an employee or agent of the Association may open or close the valves on street mains.

D. The Association reserves the right, after due notice, to shut-off water service to any customer for failure to pay for water service in accordance with the established payment schedule or for violation of or refusal to comply with these rules and regulations. The Association reserves the right to charge fees for turning off water service for any customer. Service may also be shut-off, after ten (10) days notice, for any of the following reasons:

i. For the customer's use or supplying of water for any other Premises than that described in the application.

ii. For customer's excessive loss of water caused by his/her leaking pipes, malfunctioning fixtures or other cause.

iii. In any unoccupied Premises where continuous water loss occurs.

iv. For tampering with or bypassing a water meter.

E. The Association shall have the right to shut-off the water service for the purpose of making connections, repairs, extensions or for other unavoidable or necessary causes. When possible, reasonable notice will be given to customers affected by any interruption of the water supply.

F. When water has been turned off with regard to any Premises for nonpayment or for any other violation of the Association's rules and regulations, the Association will charge a fee for shut-off and turn-on of water. The Board shall establish a schedule of fees for these services in its schedule of rates.

G. The Association reserves the right to restrict the use of water whenever water supply emergencies or state mandates may require; it may restrict or entirely prohibit the use of water for purposes such as car-washing, swimming pools, ornamental pools, fountains, hoses or sprinklers when necessary to ensure a full supply of water for other purposes, or to conserve use of water generally.

H. Nothing in these rules or regulations, nor any contract or representation, verbal or written, of the Association of any of its employees or agents shall be taken or construed in any manner to be or to constitute a guaranty to furnish any specific pressure or specific quantity of water through any service connection, whether domestic, commercial or otherwise, or for any other special purpose. Quality of water shall be maintained according to Pennsylvania Community Water Systems Standards.

259-9 Inspections (Amended 2/17/01)

A. The properly identified agents of the Association shall, at all reasonable hours, have free access to all parts of the Premises to which water is delivered for the purpose of inspection and examination of pipes, fixtures, etc.

B. The Association shall also have the right to go upon any customer's Premises at all times for the purpose of investigating for defective or leaky water closets, faucets, pipes and connections and other leaking or defective fixtures and for the purpose of reading, examining, repairing and/or replacing water meters. When any defects or leaks are discovered, customers will be notified. If such defects or leaks are not subsequently repaired within a reasonable time, water service may be turned off without further notice.

C. The Association shall attempt to give its customers reasonable notice of any inspections.

D. All customer service line repairs and replacements must be inspected and approved by a Hemlock Farms Water System representative before the water line trench is back filled. A twenty-four (24) hour notice is required to schedule such inspections. Failure to comply with this Code Section will result in the termination of water service until such inspection is completed and approved and all fees and assessments for enforcement of the Water Code and water service termination shall apply.

259-10 Indemnification

In all contracts or agreements for water service by the Association, it is expressly understood and agreed that the customer shall indemnify and make no claims against the Association for injury or damages to persons or property by reason of the breaking of any service pipe, water fixtures, meter or appliance, nor for any injury or damage due to the failure of the water supply, nor for any injury or damage due to the failure to furnish water, nor for any other cause(s) beyond the Association's control.

259-11 Water Billing (Amended 2-28-98, 5-18-02, 9-14-02, 5-17-03) )

A. The schedule of rates to be charged by the Association for water services and related fees shall be established by the Board of Directors of the Association from time to time. The water rates shall be uniform. A separate Fire Service Fee may be established by the Board of Directors for Associate Members who receive such service.

B. All bills will be rendered on a periodic basis as shall be determined by the Board of Directors. If a bill is not paid by the due date, which is thirty (30) days after the billing date an interest charge will be added to the amount billed. All interest billed will be on a simple interest basis. The interest rate for each calendar year shall be the same as established in Code Chapter 85 - Dues, paragraph 85-9. If a bill is not paid in full within fifteen (15) days after the date of the statement assessing past due charges, the customer will be notified that service will be turned off if the full balance is not paid within fifteen (15) days following the date of the turn-off notice. Any established turn-off and turn-on charges will also be included. In the event that service is shut-off for non-payment, it will be restored only upon payment of the full outstanding balance due the Association.

C. No abatement of water charges shall be made due to non-occupancy of the Premises, and in no case shall abatement be made from the minimum rate.

No abatement of water charges shall be made, except a one time adjustment for a service line leak when the water meter serving the premises is located at the curb barrel and the following conditions are met:

1.. The service line shall be replaced in accordance with the construction requirements indicated in Code Chapter 259-9D.

2.. Upon completion of the installation of the service line, the work shall be inspected in accordance with Code Chapter 259-9D.

3.. A repair receipt must be submitted with the request for abatement.

4.. The bill will be adjusted to an amount equal to the average use over the past one (1) year billing period (four quarters).

E. The Board of Directors authorize the Community Manager to develop, implement and approve a water bill payment plan for customers who have an extraordinarily high bill as defined in the plan.

259-12 Exemptions

In cases of medical emergency or other conditions of a serious or urgent nature where the strict enforcement of these rules and regulations would aggravate an existing medical condition or otherwise cause a health or safety hazard to a particular customer, the Association may, at its discretion, grant temporary exemptions from the strict enforcement of these rules and regulations upon any terms and conditions as the Association shall deem reasonable and appropriate.

259-13 Water Fund

A. The primary purpose of this fund is to finance the facilities, equipment and operations of the Water System in an equitable manner.

B. It is the policy of the Association to segregate the finances of the HFCA Water System from the General Fund of the Association in an account known as the "Water Fund."

C. All financial controls which apply to the General Fund of the Association shall also apply to the Water Fund.

D. A Water Capital Reserve Replacement Fund shall also be established as a means of funding the replacement of existing facilities and equipment. This fund shall project replacement requirements over an estimated useful life of each component of the fund and shall provide for a annual contribution from the current year's charges sufficient to provide for these projected requirements.

E. This Reserve Fund shall consist of projections for facilities and equipment having a replacement cost of five thousand dollars ($5,000) or more and a useful life of three (3) years or more.

F. Nothing in this section shall prevent the Board from borrowing from this fund to spread immediate replacement costs over several years, or to fund new facilities or equipment, provided that, in either case, a repayment schedule of all funds borrowed shall be adopted by the Board at an appropriate interest rate at the time any borrowing is approved.

G. Contributions from the Water Fund of the Association shall be deposited in accounts which shall be separate and apart from any other funds of the Association and shall be invested in accordance with Association policy.

259-14 Enforcement (Amended 4-27-02, 5-17-03)

In the event that a member violates any section of this Chapter, a fine of $50.00 will be assessed to the member's account unless a higher amount is stated elsewhere in this chapter.

259-15 Water Rates (Amended 2/28/98, 11/18/00)

Water rates and other charges shall be adopted by the Board of Directors. A Water Rate Schedule will be maintained in the HFCA Office to reflect actual current water fees and charges, which may change from time to time, as approved by the Board of Directors, following advanced notice to the membership.

Back to top CHAPTER 260 - CONTROL OF BACKFLOW AND CROSS-CONNECTIONS
(ADOPTED 5-17-97)

260-1 General Policy

Purpose. The purpose of this Code is:

A. To protect the public water supply system from contamination or pollution by isolating within the consumer's water system contaminants or pollutants which could backflow through the service connection into the public water supply system.

B. To promote the elimination or control of existing cross-connections, actual or potential, between the public or consumer's potable water system and non-potable water systems, plumbing fixtures and sources or systems containing process fluids.

C. To provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of the public and consumer's potable water system.

Application. This Code shall apply to all premises served by the public water supply system of the Hemlock Farms Community Association water system.

Policy. The public water supplier and the consumer have the joint responsibility for protection of the public water supply system from contamination due to backflow of contaminants through the water service connection. If in the judgement of the public water supplier or his authorized representative an approved backflow prevention device is required, the supplier shall give notice to the consumer to install such approved backflow prevention device at each service connection to his premises. The consumer shall immediately install such approved device or devices at his own expense, and failure, refusal or inability on the part of the consumer to install such device or devices shall constitute grounds for discontinuing water service to the premises until such device or devices have been installed.

260-2 Definitions

Note: For the purposes of this Section, the definitions provided in Chapter 1 of the PART should be used.

260-3 Water System

A. The water system shall be considered as made up of two parts: the public water supply system and the consumer's water system.

B. The public water supply system shall consist of the source facilities and the distribution system, and shall include all those facilities of the public water supply system under the control of the public water supplier up to the point where the consumer's water system begins.

C. The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the public distribution system.

D. The public distribution system shall include the network of conduits used for delivery of water from the source to the consumer's water system.

E. The consumer's water system shall include all facilities beyond the service connection which are utilized in conveying water from the public distribution system to points of use.

260-4 Cross Connections Prohibited

A. No water service connection shall be installed or maintained to any premises where actual or potential cross-connections to the public water supply system or consumer's water system may exist unless such actual or potential cross-connections are abated or controlled to the satisfaction of the public water supplier.

B. No connection shall be installed or maintained whereby water from an auxiliary water supply may enter a public or consumer's water system unless such auxiliary water supply and the method of connection and use of such supply shall have been approved.

260-5 Survey and Investigations

A. The consumer's premises shall be open at all reasonable times to the public water supplier, or his authorized representative, for the purposes of conducting surveys and investigations of water use practices within the consumer's premises to determine whether there are actual or potential cross-connections to the consumer's water system through which contaminants or pollutants could backflow into the public potable water system.

B. On request by the public water supplier the consumer shall furnish information on water use practices within his premises.

C. It shall be the responsibility of the water consumer to conduct periodic surveys of water use practices on his premises to determine whether there are actual or potential cross-connections to his water system through which contaminants or pollutants could backflow into the public water supply system.

260-6 Where Protection is Required

A. An approved backflow prevention device shall be installed prior to the first branch line leading off each service line to a consumer's water system where, in the judgement of the public water supplier, an actual or potential hazard to the public water supply system exists.

B. An approved backflow prevention device shall be installed on each service line to a consumer's water system where the following conditions exist:

1. Systems having an auxiliary water supply, unless such auxiliary supply is accepted as an additional source by the public water supplier and approved by the Department of Environmental Resources.

2. Systems where any substance is handled in such a fashion as to create an actual potential hazard to the public water supply system. This shall include systems having sources or auxiliary systems containing process fluids or water originating from the public water supply system which are no longer under the sanitary control of the water purveyor.

3. Systems having internal cross-connections that, in the judgement of the public water supplier, are not correctable or intricate plumbing arrangements which make it impractical to determine whether or not cross-connections exist.

4. Systems where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross-connection survey.

5. Systems having a repeated history of cross-connections being established or re-established.

6. Others specified by the public water supplier.

C. An approved backflow prevention device shall be installed on each service line to a consumer's water system serving, but not necessarily limited to, the following types of facilities unless the public water supplier determines that no actual or potential hazard to the public water supply system exists:

1. Piers, docks, waterfront facilities.

2. Sewage treatment plants, sewage pumping station or storm water pumping station.

3. Food or beverage processing plants.

4. Others specified by the water purveyor.

260-7 Type of Protection Required

A. The type of protection required under Section 6.1, 6.2 and 6.3 of this ordinance shall depend on the degree of hazard which exists as follows:

1. An approved air gap separation shall be installed where the public water supply system may be contaminated with substances that are dangerous to the public health and could cause a severe health hazard.

2. An approved air gap separation or an approved reduced pressure zone backflow prevention device shall be installed where the public water supply system may be contaminated with a substance that could cause a system or health hazard.

3. An approved air gap separation or an approved reduced pressure zone backflow prevention device or an approved double check valve assembly shall be installed where the public water supply system may be polluted with substances that would be objectionable but not dangerous to health.

260-8 Backflow Prevention Devices

A. Any backflow prevention device required by this ordinance shall be of a model or construction approved by the public water supplier and shall comply with the following:

1. Air gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one inch.

2. A double check valve assembly or a reduced pressure zone backflow prevention device shall be approved by the public water supplier and shall mean a device that has been manufactured in full conformance with standards established by the American Water Works Association entitled:

AWWA C506 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices.

Said AWWA standards are herein adopted by the public water supplier. Final approval, however, of the "Reduced Pressure Principle Backflow Preventer" and the "Double Check Valve Assembly" shall be evidenced by a "Certificate of Full Approval" issued by an approved testing laboratory certifying full compliance with the said AWWA standards.

3. An interchangeable connection to be approved shall be either a swing type connector or a four-way valve of the lubricated plug type that operates through a mechanism which unseats the plug, turns it ninety degrees and reseats the plug. Four-way valves shall not be used as stop valves but must have separate stop valves on each pipe connected to the valve. The telltale port on the four-way valve shall have no piping connected and the threads or flange on this port shall be destroyed so that a connection cannot be made.

B. Existing backflow prevention devices approved by the public water supplier at the time of installation and property maintained shall, except for inspection and maintenance requirements, be excluded from the requirement of Section 8.1 of this Code providing the public water supplier is assured that they will satisfactorily protect the public potable supply system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or when the public water supplier finds that the maintenance of the device constitutes a hazard to health, the device shall be replaced by a backflow prevention device meeting the requirements of this Code.

260-9 Installation

A. Backflow prevention devices required by this Code shall be installed at a location and in a manner approved by the public water supplier and shall be installed by a person properly qualified and at the expense of the water consumer.

B. Backflow prevention devices installed on the service line to a consumer's water system shall be located on the consumer's side of the water meter, as close to the meter as is reasonable practical, and prior to any other connection.

C. Pits or vaults shall be of water-tight construction, be so located and constructed as to prevent flooding and shall be maintained free from standing water by means of either a sump pump or a suitable drain. Such sump pump or drain shall not connect to a sanitary sewer nor permit flooding of the pit or vault by reverse flow from its point of discharge. An access ladder and adequate natural or artificial lighting shall be provided to permit maintenance inspection and testing of the backflow prevention device.

260-10 Inspection and Maintenance

A. It shall be the duty of the consumer at any premises on which backflow prevention devices required by this ordinance are installed to have inspections, tests and overhaul made in accordance with the following schedule or more often where inspections indicate a need:

1. Air separation shall be inspected at time of installation and at least every twelve months thereafter.

2. Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter.

They shall be dismantled, inspected internally, cleaned and repaired whenever needed at least every 30 months.

3. Reduced pressure zone backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter.

They shall be dismantled, inspected internally, cleaned and repaired whenever needed and at least every five years.

4. Interchangeable connections shall be inspected at the time of installation and at least every twelve months thereafter.

B. Inspections, tests, and overhaul of backflow prevention devices shall be made at the expense of the water consumer and shall be performed by the public water supplier or a person certified to inspect, test and overhaul backflow prevention devices.

C. Whenever backflow prevention devices required by this Code are found to be defective, they shall be repaired, or replaced at the expense of the consumer without delay.

D. The water consumer must maintain a complete record of each backflow prevention device from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, inspections and repairs. Records of inspections, tests, repairs and overhaul shall be submitted to the public water supplier upon request.

E. Backflow prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective without specific authorization by the water supplier.

260-11 Booster Pumps

A. Where a booster pump has been installed on the service line to or within any premises, such pump shall be equipped with a low pressure cut-off device designed to shut-off the booster pump when the pressure in the service line on the suction side of the pump drops to ten pounds per square inch gauge or less for a period of 30 seconds or longer.

B. It shall be the duty of the water consumer to maintain the low pressure cut-off device in proper working order and to certify to the public water supplier, at least once a year, that the device is operating properly.

260-12 Violations

A. The public water supplier may deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by this Code is not installed, tested and maintained in a manner acceptable to the public water supplier, or if it is found that the backflow prevention device has been removed or by-passed, or if an unprotected cross-connection exists on the premises, or if a low pressure cut-off device required by this Code is not installed and maintained in working order.

B. Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with this Code and to the satisfaction of the public water supplier.