[Added 9-13-1999 by Ord. No. 496]
It is the intent of Borough Council by the enactment
of this article to protect the public health, safety and welfare by
insuring an adequate water supply for essential uses of water during
times of drought or other water shortages. The Borough is authorized
by Section 1202(39) of the Borough Code to take action to prevent
the unnecessary waste of water, and Borough Council determines that
the following uses of water constitute a waste of water during times
of drought or other water shortages. Borough Council and the Mayor,
subject to the ratification of Borough Council, are also authorized
to declare an emergency by Section 7501(b) of the Emergency Management
Services Code. In times of drought or other emergencies which result
in a decrease in the water supply, the Borough should insure an adequate
supply of water by restricting nonessential water usage.
Unless otherwise expressly stated, the following
words shall for the purposes of this article have the meaning herein
indicated:
The Borough of Denver, Lancaster County, Pennsylvania.[1]
The governing body of the Borough.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
The Pennsylvania Emergency Management Agency of the Commonwealth
of Pennsylvania or any agency successor thereto.
The water shortage response plan adopted by the Borough in
accordance with the regulations of DEP and/or PEMA relating to the
public water supply and distribution system owned and operated by
the Borough.
[Amended 3-10-2003 by Ord. No. 525]
A.
Whenever the Borough shall be in a Stage 2 Water Shortage,
as defined in the Water Shortage Response Plan; or whenever the Borough
Council or Mayor shall declare a local emergency in accordance with
the provisions of the Pennsylvania Emergency Management Services Code;
or whenever the Governor shall declare a drought emergency in Lancaster
County, no person shall use water in violation of the following nonessential
use ban. The activities prohibited are as follows:
[Amended 3-10-2003 by Ord. No. 525]
|
NONESSENTIAL USE BAN
| ||
|---|---|---|
|
Prohibited
|
Exceptions
| |
|
Lawn watering
|
Sewage or stormwater systems utilizing spray
irrigation
| |
|
Newly seeded and sodded grass areas between
the hours of 5:00 p.m. and 9:00 a.m. by means of a handheld hose,
nozzle, bucket or pail
| ||
|
Newly seeded or sodded nonresidential grass
area exceeding 1,000 square feet may be watered conservatively not
to exceed one hour between the hours of 5:00 p.m. and 9:00 a.m.
| ||
|
Irrigation of gardens, landscaped areas, trees
and shrubs by any means other than a handheld hose with an automatic
shutoff nozzle, bucket, or pail between the hours of 5:00 p.m. and
9:00 a.m.
|
Agricultural irrigation
| |
|
Commercial nurseries
| ||
|
Maintenance of newly planted gardens, trees,
shrubs or other outdoor plants - handheld equipment only
| ||
|
Arboretums and public gardens of national, state
or regional significance
| ||
|
Washing paved surfaces and buildings, such as
streets, roads, sidewalks, driveways, houses, garages, parking areas,
tennis courts and patios
|
Water may be used for prewashing in preparation
for asphalt street or driveway recoating and sealing
| |
|
Operation of water fountains, artificial waterfalls
and reflecting pools
|
None
| |
|
Washing vehicles
|
Commercial car wash facility equipped with water
recycling equipment or timed wash cycles and water saving/flow restriction
devices such as spray tips on wash wands
| |
|
Cleaning of commercial or public vehicles to
allow for safe operation
| ||
|
Serving water in eating places unless specifically
requested by the individual
|
None
| |
|
Filling and topping off swimming pools
|
Public and residential swimming pools serving
25 or more dwelling units if the pools have filtration equipment allowing
for continued use and recycling of water over the swimming season
| |
|
Health care facilities for patient care and
rehabilitation
| ||
|
Other pools if: Water supplier approved and
pool is able to filter and recycle water
| ||
B.
Whenever the Borough shall be in a Stage 3 Water Shortage,
as defined in the Water Shortage Response Plan, no water customer
who uses water supplied by the Borough or such other water supplier
shall use water in violation of the Water Shortage Response Plan,
including any water rationing provisions. The water uses prohibited
in a Stage 3 Water Shortage are:
(1)
The watering of lawns.
(2)
The watering of outdoor gardens, landscaped areas,
trees, shrubs, and other outdoor plants, except between the hours
of 5:00 p.m. and 9:00 a.m. by means of a bucket or a pail at the minimum
rate necessary.
(3)
The washing of automobiles and trucks except when required for safety and operational purposes and except at a commercial car wash facility that complies with the terms listed under § 196-36A of this article. In addition the commercial car wash must further reduce the use of water by closing at least 40% of the total number of wash bays and must restrict the "automatic drive thru wash" to use only the shortest wash cycle possible.
(4)
The washing of streets, driveways, buildings and sidewalks.
(5)
The serving of water in restaurants, clubs or eating
places unless specifically requested by the individual.
(6)
Ornamental water use, including but not limited to
fountains, artificial waterfalls and reflecting pools.
(7)
The use of water for flushing sewers or hydrants by
municipalities or any public or private individual or entity except
as deemed necessary and approved in the interest of public health
or safety by the municipal health officials.
(8)
The use of fire hydrants by fire companies for testing
fire apparatus and for fire department drills except as deemed necessary
in the interest of public safety and specifically approved by the
Borough.
(9)
The use of fire hydrants by municipal road departments,
contractors, and all others, except as necessary for fire fighting
or protection purposes.
(10)
The use of water to fill and top off swimming
pools.
This article shall be enforced by the officers
of the Police Department which provides police protection services
within the Borough.
[Amended 7-8-2019 by Ord.
No. 656]
Any person using water supplied by the Borough or using water
from wells within the Borough in violation of this article shall be
provided with a written warning for the first offense. Any person
using water supplied by the Borough or using water from wells within
the Borough in violation of the article after receiving a written
warning shall, upon summary conviction, be sentenced to pay a fine
not exceeding $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days.
[Added 7-8-2019 by Ord.
No. 656]
The Borough of Denver's Procedure for Granting Variances from
the Prohibition of Non-Essential Water Use is necessary only when
the Borough of Denver, following its Drought Contingency Plan, finds
it necessary to impose mandatory water use restrictions on its customers
and the Governor has not declared the area as a drought emergency
area.
A.
If compliance with the prohibition of nonessential use of water would
result in extraordinary hardship upon a water user, the water user
may apply for a variance, which would expire with the termination
of the mandatory water use restrictions, unless otherwise specified
in the exemption or variance. For purposes of this section, extraordinary
hardship means a permanent damage to property or other personal or
economic loss which is substantially more severe than the sacrifices
borne by other water users subject to the prohibition of nonessential
use of water.
B.
A water user believing he suffers an extraordinary hardship and desiring
to be wholly or partially exempt from the restrictions on the nonessential
use of water shall submit a written request with full documentation
supporting the need for the requested relief to the Borough of Denver,
501 Main Street, Denver, PA 17517. The application shall contain information
specifying the following:
C.
The Borough of Denver or designee will review the application and
may request the applicant to provide within a reasonable time additional
information as necessary to review the application. A written decision
will be provided within seven working days when possible, or if perishable
products are involved, within one working day of submission of an
application; or a request will be made for additional information
as necessary to review an application. The evaluation will consider
impacts on public health and safety, food and fiber production, and
preservation, pharmaceutical processes, electric generation, maintenance
of employment, measures already taken by the user to conserve and
store water, and the ability to further implement conservation measures.
A variance will be granted only to the extent necessary to relieve
extraordinary hardship.
D.
Any person aggrieved by a decision relating to such a variance rendered
by the Borough of Denver or designee may file, within 30 days of the
date of the decision, a complaint with the Lancaster County Court
of Common Pleas, in accordance with 2 Pa.C.S.A. §§ 551
through 555 and 751 through 754 (relating to Local Agency Law).
E.
An appeal from an initial decision of the Borough of Denver or designee
will not act as a supersedeas, stay, or injunction of that decision.
F.
The Borough of Denver may modify a variance if public health, safety,
and welfare require further reduction in water use.
G.
A variance is granted to a water user for a specific property, purpose,
or person is not transferable to another property, purpose, or water
user without prior written approval from the Borough of Denver.
