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:
BOROUGH
The Borough of Denver, Lancaster County, Pennsylvania.
DEP
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
PEMA
The Pennsylvania Emergency Management Agency of the Commonwealth
of Pennsylvania or any agency successor thereto.
WATER SHORTAGE RESPONSE PLAN
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]
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:
(1)
The nature of the hardship claimed and the reason for the requested
variance.
(2)
The efforts taken by the applicant to conserve water and extent
to which water use may be reduced by the applicant without extraordinary
hardship.
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.