[Ord. 198, 8/31/1999, § 1]
This Part shall be known as the "Fire Protection Cistern Ordinance
of the Township of Lower Heidelberg."
[Ord. 198, 8/31/1999, § 1]
The following regulations are promulgated for the purpose of
assuring the proper construction of new fire protection cisterns within
the Township of Lower Heidelberg, Berks County, Pennsylvania, (the
Township) and to improve the development of water resources for fire
protection throughout the Township, thereby creating conditions favorable
to the health, safety and general welfare of the citizens of the Township.
[Ord. 198, 8/31/1999, § 1]
(a)
The owners and/or developers of all subdivisions containing five
or more lots and/or land developments containing structures totaling
12,000 square feet or more in area, hereafter approved or constructed
within the Township, in which subdivision or land developments there
is no public water supply available or the public water supply fails
to meet the requirements of the Township for adequate fire protection,
shall construct within such subdivisions or land developments fire
protection cisterns in conformity with the provisions of this Part
and with Township specifications, or approved equal.
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Any further subdivisions resulting in a total of five or more
lots, which include any lots of the original subdivision, or any further
land development resulting in structures with a total of 12,000 square
feet or more in area, shall constitute cause for the installation
of fire cisterns.
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Said owners and/or developers shall include all such fire protection
cisterns required hereunder as required improvements in the applicable
municipal improvements agreement. All fire protection cisterns required
hereunder shall be constructed and installed prior to the issuing
of any building permit for other structures by the Township.
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(b)
The Standard Cistern Installation Detail shall be in accordance with
Plan LHT-FPC-1 on file at the municipal office of the Township.
(c)
Fire protection cisterns shall be located no more than 1,000 feet
from the nearest lot line of the furthermost lot. In addition, such
cisterns shall be located at approximately 2,000 feet intervals along
streets or roadways. Furthermore, one fire protection cistern shall
be provided for each five lots. Each such cistern shall be sited and
located on the final subdivision or final land development plan submitted
for approval to the Township.
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The location of the cisterns shall be reviewed by the Fire Marshal.
Upon review of the Fire Marshal and recommendation of the Township
Planning Commission, the Board of Supervisors may allow modifications
to the above requirements or may require additional cisterns, depending
on the layout and extent of the subdivision or land development.
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(d)
The design of each fire protection cistern shall be submitted to
the Township for approval prior to construction or installation. A
minimum of four sets of design plans, sealed and signed by a professional
registered engineer, shall be submitted to the Township.
(e)
All construction work done pursuant to the provisions of this Part
shall be inspected and approved by the Township.
(f)
Contour lines and grades shall be indicated on recorded plans of
subdivisions and/or land developments or other such plans as may be
approved by the Township. The cost of establishing such contour lines
and grades shall be borne by the subdivider or land developer.
(g)
Should the Township Engineer determine that the ground condition
and/or rock condition beneath a fire protection cistern area provides
sufficient stability, the subbase requirements may be waived, modified
or changed.
(h)
All trees, roots, stumps, brush, downed timber, rotten wood, rubbish
and any other objectionable material shall be removed from the site,
including the removal of any obstruction interfering with the proposed
cistern construction, for the full right-of-way area, or as approved
by the Township.
(i)
Subgrade shall be prepared to accommodate the placement of the fire
protection cistern in conformity to the contour lines, grades and
widths shown on the drawings and cross-sections.
(j)
Subgrade shall be graded to the elevation and cross-section required
with sufficient and suitable material compacted to required density.
(k)
In cases where the required density or stability cannot be obtained,
the material in the area shall be excavated to a depth that when replaced
or recompacted at a moisture content not exceeding optimum, the subgrade
shall have the required stability.
(l)
The subgrade shall be properly prepared to receive the subbase.
(m)
The subdivider or land developer shall provide signs bearing the
words "No Parking" within 20 feet clear distance of structures proposed
hereunder.
(n)
During construction of the subdivision or land development, and until
the lots therein are conveyed by the subdivider or land developer,
such subdivider or land developer shall maintain the fire protection
cistern. Maintenance shall include, but not be limited to, cleaning
and tank filling. Upon completion of the subdivision or land development,
the fire protection cistern shall be dedicated to the Township.
(o)
Until dedicated to the Township, all fire protection cisterns shall
be cleaned and all sediment removed annually, or as deemed necessary
by the Township Fire Marshal or his or her representative. Subdividers
and developers who fail to meet maintenance requirements may be fined
not less than $200 per violation to cover costs and equipment for
proper maintenance. The enforcement of this Part shall be by an action
brought before a District Justice in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure.
(p)
Any Township fire company or fire department, together with any fire
company or fire department authorized by the Township to combat fires
within the Township, may, as necessary, connect to and use the fire
protection cisterns for training, system maintenance or emergency
use.
(q)
Refill of the fire protection cisterns following maintenance or emergency
use shall be the responsibility of the party that removed the water
from such cistern.
[Ord. 198, 8/31/1999, § 1]
Exceptions may be granted under the following conditions:
(a)
In circumstances where the adjoining existing subdivision or land
development contains a fire protection cistern meeting the distance
requirements contained in Section 603 of this Part for the subdivision
and/or land development, the Township may waive the cistern requirement.
(b)
Where the applicant proposes another type of system acceptable to
the Township.
(c)
In circumstances where automatic sprinkler systems are required or
chosen, the Township may waive the cistern requirement.
[Ord. 198, 8/31/1999, § 1]
Since fire protection cistern standard specifications of the
Township may, from time to time, change, the Board of Supervisors
of the Township reserve the right to amend and modify, by resolution
of the Board of Supervisors, new and/or revised standard cistern specifications.
Public notice of such resolution shall be given and a written copy
therefor shall be attached to and become a part of this Part.
[Ord. 198, 8/31/1999, § 1]
Notwithstanding anything herein set forth, whenever the provisions
of this Part shall be inconsistent with the Township Subdivision and
Land Development Ordinance and the provisions of said ordinance are
more restrictive or contain more stringent requirements than are set
forth in this Part, the provisions of the Township Subdivision and
Land Development Ordinance[1] shall prevail and be applicable.
[Ord. 198, 8/31/1999, § 1]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors of Lower Heidelberg Township that this Part would
have been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.
