Township of Lower Providence, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Providence as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewer Authority — See Ch. 45.
Building construction — See Ch. 67.
Plumbing — See Ch. 112.
Sewers — See Ch. 117.
Swimming pools — See Ch. 126.
140a Exhibit A 140b Exhibit B 140c Exhibit C
[Adopted 4-11-1988 by Ord. No. 335]

§ 140-1 Restrictions.

No water shall be provided for internal or external use to any building which is construct or remodeled, and:
A. 
In which plumbing, water piping or water fixtures are to be installed, extended or altered in any way; and
B. 
For which a building permit is required to be obtained from Lower Providence Township (or would be required but for an exemption from a permit requirement for public or governmental agencies), unless the new, extended or altered plumbing, water piping and other water using fixtures therein conform to the requirements and standards of § 140-2 of this article. The provisions of this article shall apply to any building or similar structure of any kind, regardless of whether its intended use is residential, commercial, office, industrial, agricultural, recreational, institutional, governmental or other, on or after the date of adoption of this article. Each resident or property owner of Lower Providence Township not subject to the application of this article is encouraged to install fixtures which will reduce the quantity of water required to flush toilets and to reduce the flow rates of showers and faucets by employing the measures and observing the standards set forth in § 140-2 of this article.

§ 140-2 Specifications.

Buildings or structures which are subject to the application of this article shall be bound by the following specifications:
A. 
Water closets operated by flush tanks. The water consumption of water closets operated by flush tanks shall not exceed an average of 1.6 gallons per flush cycle over a range of test pressures from 20 to 80 pounds per square inch gauge or a maximum of 4.0 gallons per flush cycle at any one test pressure. The fixture shall perform in accordance with the flushing test requirements cited in the ANSI 112.19.2 Vitreous China Plumbing Fixtures standard.
[Amended 3-8-1993 by Ord. No. 386]
B. 
Water closets and urinals operated by flushometers.
(1) 
Water closet water consumption shall not exceed an average of 3.0 gallons per flush cycle over a range of test pressures from 20 to 80 pounds per square inch gauge or a maximum of 3.5 gallons per flush cycle at any one test pressure. The flushometer shall be adjusted according to the manufacturer's specifications. The fixture shall perform in accordance with flushing test requirements cited in the ANSI 112.19.2 Vitreous China Plumbing Fixtures standard.
(2) 
Urinal water consumption shall not exceed an average of 1.0 gallons per flush cycle over a range of test pressures from 20 to 80 pounds per square inch or a maximum of 1.5 gallons per flush cycle at any one test pressure. The flushometer shall be adjusted according to manufacturer's specifications. The fixture shall perform in accordance with the flushing test requirements cited in the ANSI 112.19.2 Vitreous China Plumbing Fixtures standard.
C. 
Shower heads. Shower head discharge rates shall not exceed 2.75 gallons of water per minute over a range of test pressures from 20 to 80 pounds per square inch gauge. The fixture shall perform in accordance with the test requirements cited in the ANSI 112.18.1 Finished Rough Brass Plumbing Fixture Fittings standard.
D. 
Sink faucets.
(1) 
Kitchen and utility sink faucet discharge rates shall not exceed 2.75 gallons of water per minute over a range of test pressures from 20 to 80 pounds per square inch gauge. The fixture shall perform in accordance with the test requirements cited in the ANSI 112.18.1 Finished Rough Brass Plumbing Fixture Fittings standard.
(2) 
Residential lavatory sink faucet discharge rates shall not exceed 2.75 gallons of water per minute over a range of test pressures from 20 to 80 pounds per square inch gauge. The fixture shall perform in accordance with the test requirements cited in the ANSI 112.18.1 Finished Rough Brass Plumbing Fixture Fittings standard.
(3) 
Nonresidential lavatory faucets shall be either self-closing or metering faucets as described:
(a) 
Self-closing faucets shall not exceed an average discharge rate of 0.5 gallons between the pressures of 20 to 80 pounds per square inch gauge when tested in accordance with the discharge test procedure cited in the ANSI 112.18.1 Finished Rough Brass Plumbing Fixture Fittings standard.
(b) 
Metering faucets shall be field adjusted and set so that the discharge quantity shall not exceed 0.5 gallons of water per cycle.
E. 
Blowout toilets and urinals. Replacement of blowout toilet and urinal fixtures with like-type fixtures may be granted by the Building Inspector upon request (as specified in § 140-5) where adequate justification of special need is provided.
F. 
Pressure reducing valve. Where the service water pressure to a building is expected to exceed 60 pounds per square inch gauge, a water pressure reducing valve with strainer shall be installed just downstream of the building's main valve, so as to be accessible. The valve shall provide for pressure adjustment within the range of 50 to 60 pounds per square inch. The valve shall conform to the requirements of product standard ASSE 1003. Exemptions to this article are service lines to sill cocks, outside hydrants and main supply risers to buildings where pressure from the mains does not exceed 60 pounds per square inch at the fixture branches or at individual fixtures.

§ 140-3 Waste of water discharged.

Outside hoses shall have an auto shut-off nozzle so as not to permit water to run to waste in a gutter or other impervious surface.

§ 140-4 Exceptions.

Any person(s) may apply to Lower Providence Township for an exception to the terms of this article, which exception may be granted at the discretion of the Building Inspector upon proof that some device, system or procedure will save as much or more water as those set forth herein or that those set forth herein cannot be complied with without undue hardship.

§ 140-5 Modifications.

Lower Providence Township may, from time to time, modify, add to or remove from the standards and regulations herein.

§ 140-6 Enforcement.

It shall be a misdemeanor for any person to use or apply water contrary to or in violation of the restrictions herein and, upon conviction thereof, such person shall be punished by a fine of not more than $300. Each day that a violation continues will be deemed a separate offense and be punishable as such.
[Adopted 3-15-2012 by Ord. No. 603]

§ 140-7 Background and legislative intent.

A. 
It has been determined by the Department of Environmental Protection ("DEP") that an area located in Lower Providence Township bounded in part by Evansburg Road, Germantown Pike, Ridge Pike, and Pechin Mill Road has been contaminated with a chlorinated solvent, 1,1-Dichloroethene (1,1-DCE) at levels that are above the state medium specific concentration (MSC) for residential properties and that the contaminants in the groundwater pose potential human health and ecological risks. The properties impacted consist of approximately 104 homes and businesses located along portions of Ridge Pike, Evansburg Road, Crosskeys Road, Old Crosskeys Road, Pechin Mill Road, Germantown Pike, Level Road, and Hodges Avenue. Public water is available in some of the areas, but many of the residences and businesses located within the described area rely upon private wells for their water supply needs. In its statement of decision dated April 14, 2010, DEP determined that the connection of the affected properties to a public water system through the installation and connection of properties to new water lines and the connection of properties to existing water lines of Pennsylvania American Water is the most viable and cost effective solution to the groundwater contamination which will best address the health, safety, and welfare of the residents and business owners in the impacted area. This article applies to the 1,1-DCE impacted area described in Exhibit A,[1] together with the list of properties described in Exhibit B (hereinafter "Impacted Area 1").[2]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
[2]
Editor's Note: Exhibit B is included at the end of this chapter.
B. 
In addition, the DEP has determined that an adjacent and partially overlapping area in Lower Providence Township at and in the vicinity of the Superior Tube Company has been impacted or investigated due to the release of a different and unrelated chlorinated solvent, trichloroethene (TCE), present at levels above the state MSC for residential properties. Extensive characterization and approved remedial actions have been conducted at the TCE site over several decades under the oversight of the U.S. Environmental Protection Agency (EPA), and all affected properties beyond Impacted Area 1 were previously connected to public water. This area is identified on Exhibit A as "Impacted Area 2." The DEP has asserted that a release or threatened release associated with the TCE site could impact the DCE site. As a result, and since several of the properties within Impacted Area 2 have retained groundwater wells for nonpotable uses, the DEP and EPA have recommended that the Township adopt certain provisions within this article to ensure continued protection of the health, safety and welfare of the residents and business owners in Impacted Area 2. Together, Impacted Area 1 and Impacted Area 2 are referenced as the "Impacted Area."
C. 
The DEP is providing a grant to the Township for construction of water lines for the portion of the Impacted Area not currently served by public water (the "Water Lines"). In addition, pursuant to agreements with the DEP, EPA and Lower Providence Township, Superior Tube Company is providing certain cooperation and additional funding (hereinafter "Additional Funding") toward the implementation and costs of connecting properties within Impacted Area 1 to public water. This article mandates the connection and continued connection of all improved properties in the Impacted Area to either the Water Lines to be constructed by the Township or to the existing water lines of Pennsylvania American Water in the Impacted Area. The Water Lines and the existing water lines of Pennsylvania American Water in the Impacted Area are collectively referred to as the "Water System." and constitute a water system of Lower Providence Township. Water for the Water System will be provided by Pennsylvania American Water (the "Water Utility") under a contract between the Township and the Water Utility.
D. 
This article is enacted to require the mandatory connection of all properties in the Impacted Area to the Water System.

§ 140-8 Connection requirement.

A. 
All properties located within the Impacted Area, whose addresses are listed in Exhibit B,[1] shall connect to the Water System within 60 days following written notice to connect from the Township.
[1]
Editor's Note: Exhibit B is included at the end of this chapter.
B. 
In addition to the properties required to connect under § 140-8A, all properties located in the Impacted Area which are hereafter improved with a residential building or hereafter improved with a nonresidential building, which is occupied or capable of being occupied, shall connect to the Water System within 60 days following written notice to connect from the Township. Residential buildings or nonresidential buildings constructed, renovated or improved on properties required to connect shall connect to the Water System prior to any habitation, occupancy, or use, and no certificate of occupancy shall be issued for any such improved property unless and until such connection has been made.
C. 
For all properties located within the Impacted Area, once a connection to the Water System has occurred, no property owner shall disconnect a property from the Water System.
D. 
All connections to the Water System shall be subject to the specifications of the Water Utility.
E. 
Connection by the Township. In the event that a property owner shall neglect or refuse to connect a property to the Water System in violation of this article for a period of 90 days after notice from the Township to connect, then, in that event, the Township or its agents may enter upon said property owner's property and construct the connection to the Water System, and in that event, the costs of such connection shall be upon the property owner, and a lien in that amount may be recorded against the property benefitted by the improvement.

§ 140-9 Costs.

A. 
Pursuant to the terms of a grant from DEP to the Township, the cost of physically connecting the properties whose addresses are listed in Exhibit B[1] to the Water System shall be paid from the grant funds provided by DEP or the Additional Funding. The foregoing notwithstanding, where the owner of a property listed in Exhibit B refuses to allow connection of a property listed in Exhibit B to the Water System for a period of 90 days from the date of the Township notice to connect, then the property owner's right to receive payment from the DEP grant or Additional Funding of the cost of connection shall terminate, provided the Township first gives 30 days' written notice of such termination to the property owner with opportunity for a hearing before the Board of Supervisors of the Township. In addition, if the Township is required to enter the property under § 140-8E and connect the property to the Water System, the cost of such connection shall be the responsibility of the property owner and shall be imposed as a lien on the property as provided in § 140-8E.
[1]
Editor's Note: Exhibit B is included at the end of this chapter.
B. 
Except as otherwise provided in § 140-9A, the cost of physically connecting a property in the Impacted Area to the Water System shall be paid by the property owner. In the event the Township is required to enter a property under § 140-8E and connect a property to the Water System under § 140-8E above, a lien in the amount of the cost of connection may be recorded against the property that is benefitted by the connection.

§ 140-10 Use and abandonment of wells.

A. 
Within 60 days after notice from the Township to connect to the Water System, and in conjunction with such connection, a property's connection to a private well shall be disconnected. The disconnection shall include, without limitation, the disconnection of any internal water and plumbing system and any external water and plumbing system from the private well.
B. 
In addition to the well disconnection, the well shall be closed, and the method of closure shall comply with any applicable regulations or requirements of the Montgomery County Health Department and DEP.
C. 
Pursuant to the terms of a grant from DEP to the Township, the cost of closure of the private wells for the properties listed in Exhibit B[1] shall be paid by DEP. The foregoing notwithstanding, where the owner of a property listed in Exhibit B refuses to allow closure of the well on the property for a period of 90 days from the date of the Township notice to connect to the Water System, then the right of the property owner to receive payment of the cost of the closure of the well shall terminate, provided the Township first gives 30 days' written notice of such termination to the property owner with opportunity for a hearing before the Board of Supervisors of the Township. In addition, if the property owner shall fail to perform or refuse to allow the disconnection and closure of the private well within 90 days from the date of the Township notice to connect to the Water System, the Township or DEP, or its agents, may enter upon such owner's property and perform the disconnection and closure as provided in § 140-10E, and the cost thereof shall be the responsibility of the property owner, and a lien in the amount of the cost may be recorded against the property as provided in § 140-10E.
[1]
Editor's Note: Exhibit B is included at the end of this chapter.
D. 
Except as provided in § 140-10C above, the cost of disconnecting and closing the private well shall be paid by the property owner.
E. 
In the event that a property owner shall fail to perform or refuse to allow the disconnection and closure of the private well, the Township or DEP, or its agents, may enter upon such owner's property and perform the disconnection and closure of the private well. In that event, the property owner shall be responsible for the cost thereof, and a lien in the amount of the cost thereof may be recorded against the property by the Township or DEP.
F. 
Notwithstanding anything to the contrary in this § 104-10, existing wells within Impacted Area 1 may continue to be used for industrial or commercial, nonpotable purposes, provided such use is registered with the Township; the property is connected to the Water System for all potable uses; the owner of the property conducts annual testing and reporting to DEP of water quality and otherwise complies with applicable DEP regulations. No new wells shall be installed at any properties within Impacted Area 1, except for the purpose of groundwater investigation or remediation or except for the replacement of an existing well used for industrial or commercial nonpotable use with the new replacement well being used only for industrial or commercial nonpotable use on the terms set forth above.
G. 
Notwithstanding anything to the contrary in this § 104-10, existing wells within Impacted Area 2 may continue to be used for nonpotable purposes, provided the property is connected to the Water System for all potable uses. No new wells shall be installed in Impacted Area 2, except at property zoned for industrial use and only for the purpose of groundwater investigation or remediation, or for nonpotable industrial use.

§ 140-11 Protection of Water System.

No person shall maliciously, willfully, or negligently damage, destroy, deface, block, or otherwise tamper with any water line or other structure or equipment which is part of the Water System. Any person violating this section shall be in violation of this article.

§ 140-12 Adoption of rules and regulations.

The Township reserves the right to adopt from time to time additional rules and regulations as it deems necessary and proper relating to connections to and use of the Water System, which rules and regulations shall be construed as part of this article.

§ 140-13 Notice.

Any notice required by this article shall be given to the property owner either by personal service or by certified mail, return receipt requested, concurrently with first-class mail. The mailing date of the notice shall be considered the date of service, and service shall be presumed to be duly given if the notice is not returned "undeliverable" by the post office.

§ 140-14 Enforcement; violations and penalties.

In addition to any other remedy available under law or equity, any person convicted of a violation of this article shall be subject to a criminal fine in an amount not to exceed $1,000 per day per violation or suffer imprisonment for a period of not more than 30 days, or both, together with costs of prosecution. Each twenty-four-hour period during which failure to comply continues shall constitute a separate offense. Enforcement of this article shall be brought by action filed with a district justice in the same manner provided for enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney. All fines and penalties collected for violation of this article shall be paid over to the Township Treasury. Nothing in this section shall prohibit the Township from enforcing the provisions of this article by any other remedy available at law or in equity, and the remedies provided herein shall be cumulative and concurrent.