[HISTORY: Adopted by the Board of Supervisors of the Township of
Warwick as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 245.
[Adopted 5-9-1984 by Ord. No. 89]
For the purpose of this article, the following terms shall have the
meaning indicated:
The Warwick Township Municipal Authority.
The Board of Supervisors of Warwick Township, Lancaster County, Pennsylvania.
A person, or his authorized agent, for whom subdivision or land development
plans are being, or have been, made.
A structure enclosed within exterior walls or fire walls, built,
erected and framed of component structural parts and designed for the housing,
shelter, enclosure and support of individuals, animals or property of any
kind; main structure on a given lot.
All existing or proposed structures and appurtenances of the Township
or the authority, for the provision of water service including, but not limited
to, water mains, valves, hydrants, storage tanks and water supply facilities.
The division or redivision of a lot, tract or parcel of land by any
means into two or more lots, tracts, parcels or other divisions of land including
changes in existing lot lines for the purpose, whether immediate or future,
of lease, transfer of ownership or building or lot development; provided,
however, that the subdivision by lease of land for agricultural purposes into
parcels of more than 10 acres, not involving any new street or easement of
access or residential dwellings, shall be exempted.
The Township of Warwick, Lancaster County, Pennsylvania.
All structures and appurtenances for the provision of water service
to two or more lots or a land development including, but not necessarily limited
to, water mains, fire hydrants, valves, fittings, corporation stops, copper
tubing, curb stops and other related accessories and appurtenances.
The Board may, as a condition to (A) the approval of a land development
or subdivision, or (B) the issuance of a permit by the Township's Zoning Officer
to construct or erect any principal building in a subdivision or land development,
require water distribution facilities to be planned, designed and constructed
by the developer under the circumstances and in the manner hereinafter set
forth.
[Amended 11-19-1997 by Ord. No. 178]
A developer shall provide a subdivision or land development with complete
water distribution facilities which shall be extended to and connected with
(or installed in a manner suitable for connection with) the existing or proposed
public water system at the expense of the developer and in accordance with
the Township's and the Authority's design and construction requirements in
the following circumstances:
A.
When the Authority's public water system is within 1,000
feet of the proposed subdivision or land development; or
B.
Where the Authority has proposed the construction of
a public water system which will be within 1,000 feet of the proposed subdivision
or land development;
C.
Where construction or development plans approved by the
Township and/or the Authority provide for the extension of the Authority's
public water system to within 1,000 feet of the proposed subdivision or land
development and, in the Township's opinion, such connection is practicable.
[Amended 11-19-1997 by Ord. No. 178]
A.
If § 322-3 of this article is inapplicable or if immediate connection to the public water system referred to in § 322-3 is not practicable, but where the proposed subdivision or land development is within an area planned for public water service by adopted planning documents of the Authority within the next 10 years, the developer shall install water distribution facilities, including water mains, fittings, valves, meters, hydrants and other necessary accessories and appurtenances in accordance with the rules and regulations of the Authority in order to provide adequate water service to each lot and/or each principal building when connection with the public water system is made. The design of such water distribution facilities shall be in accordance with the rules and regulations of the Authority and shall be approved by the Authority. The water mains shall be suitably capped at the limits of the proposed subdivision or land development, and the service lines shall be capped at the street right-of-way line.
B.
Whenever capped water distribution facilities are required by Subsection A of this section, the service lines shall be so installed as to avoid placing building connections under paved areas or driveways, and all of the water mains and service lines shall be installed before the streets shown on the subdivision or land development plan are constructed.
C.
When capped water distribution facilities are required
by this section, the developer shall also install onlot water supply facilities
for each lot and/or principal building.
The Board, when determining whether or not the installation of water
distribution facilities is practicable or whether or not an adequate public
water system will become available within a reasonable time, shall consider
all relevant factors, including the proximity of the subdivision or land development
to an existing or proposed public water system, the projected date for the
construction of a proposed public water system and whether the installation
can be effected without prohibitive expense or undue hardship. The Board may
require a developer to submit such additional information as it reasonably
needs to determine the practicability of installing water distribution facilities
in a subdivision or land development.
Security satisfactory to the Board and/or the authority shall be furnished
by the developer to guarantee completion of all improvements and installations
required by this article and to guarantee payment of all engineering services
required by this article.
The Board and/or the authority shall appoint an engineer or engineering
firm having experience and a favorable repute in the field of public water
supply and distribution engineering, appropriately licensed by the Commonwealth
of Pennsylvania, to review the design of and inspect the construction of all
water distribution facilities to be constructed by the developer in order
to give assurance that said water facilities will coordinate and have congruity
with the existing or proposed public water system. After review of the design,
said engineer or engineering firm will recommend the action to be taken by
the Board and/or the authority. The design of such water distribution facilities
must be approved by the Board and/or the authority prior to beginning the
construction thereof.
The costs of engineering services which are rendered for the review
of design and inspection of construction shall be paid by the developer. The
costs for services shall be in accordance with said engineer's or said engineering
firm's standard per diem rates. The procedure for payment will be decided
upon among the Board and/or the authority, the engineer and the developer
prior to the beginning of work by the engineer or engineering firm.
It shall be deemed a violation of this article for any developer to
fail or refuse to extend the public water system or to fail or refuse to install
water distribution facilities in a subdivision or land development in the
manner which the Board shall direct pursuant to the terms of this article.
[Amended 11-9-1988 by Ord. No. 133; 11-19-1997
by Ord. No. 178]
If the Board of Supervisors or the officer designated to enforce this
article by the Board of Supervisors determines that a person has committed
or permitted the commission of a violation of this article, the Board of Supervisors
or such enforcement officer shall inform such person in writing of the violation,
shall notify such person to cease the violation of this article and shall
inform such person that he or she must pay a civil penalty to the Township
within the range of the amounts set forth below to settle the violation. The
penalty for a first offense shall be not less than $50 and not more than $600;
the penalty for a second offense shall be not less than $100 and not more
than $600; and the penalty for a third or greater offense shall be not less
than $200 and not more than $600. If such person fails or refuses to remit
the penalty to the Township within 10 days from the date of the written notice
of the violation of this article, the Township may commence a civil enforcement
proceeding seeking penalties and costs for the violation of this article and/or
may commence an action in equity. The Township shall seek a judgment for the
penalty previously imposed together with additional daily penalties for continuing
violations plus all court costs, including the reasonable attorneys' fees
incurred by the Township in the enforcement proceedings. Each day that a violation
continues shall constitute a separate violation, and each section of this
article which is violated shall constitute a separate violation. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable rules of civil procedure.
In addition to the remedies provided in § 322-10, above, any continued violations of this article may be abated by proceeding against the violator in a court of equity for relief.
[Adopted 4-9-1986 by Ord. No. 104]
[Amended 11-19-1997 by Ord. No. 178]
Unless the context specifically and clearly indicates otherwise, the
meaning of terms and phrases used in this article shall be as follows:
The Warwick Township Municipal Authority, a municipality authority
of the commonwealth.
The extension from the water system of any structure to the lateral
of a main.
The Commonwealth of Pennsylvania.
Any property within this Township upon which there is erected a structure
intended for continuous or periodic habitation, occupancy or use by human
beings or animals.
That part of the water system extending from a main to the curbline
or, if there shall be no curbline, to the street right-of-way line or, if
no such lateral shall be provided, then "lateral" shall mean that portion
of, or place in, a main which is provided for connection of any building main.
Any pipe or conduit constituting a part of the water system used
or usable for water distribution purposes.
Any person vested with ownership, legal or equitable, sole or partial,
of any improved property.
Any individual, partnership, company, association, society, trust,
corporation, municipality, municipality authority or other group or entity,
and the members of such partnership or association and the officers of such
corporation.
The Township of Warwick, Lancaster County, Pennsylvania, a municipal
subdivision of the commonwealth, acting by and through its Board of Supervisors
or, in appropriate cases, acting by and through its authorized representatives.
All facilities, as of any particular time, for production, transmission,
storage or distribution of water in, to and for this Township and owned by
the Authority.
A.
The owner of any improved property abutting the water
system, except farms which have their own supply of water for uses other than
human consumption, shall connect such improved property with and shall use
such water system, in such manner as this Township may require, within 90
days after notice to such owner from this Township to make such connection;
subject, however to such limitations and restrictions as shall be established
herein or otherwise shall be established by this Township, from time to time.
B.
The notice by this Township to make a connection to a lateral, referred to in Subsection A, above, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 90 days after notice is given or served. Such notice may be given or served at any time after a lateral is in place that can deliver water to the particular improved property. Such notice shall be given or served upon the owner by personal service or by registered or certified mail to his last known address.
[Amended 11-19-1997 by Ord. No. 178]
A.
No person shall uncover, shall connect with, shall make
any opening into or shall use, shall alter or shall disturb in any manner,
any lateral, main or any part of the water system without first obtaining
a permit, in writing, from the Authority.
B.
Application for a permit required under Subsection A, above, shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
C.
No person shall make or shall cause to be made a connection
of any improved property with a lateral until such person shall have fulfilled
each of the following conditions:
(1)
Such person shall have notified the Authority of the
desire and intention to connect such improved property to a lateral.
(2)
Such person shall have applied for and shall have obtained a permit as required by Subsection A, above.
(3)
Such person shall have given the Authority at least 24
hours notice of the time when such connection will be made so that Authority
may supervise and inspect, or may cause to be supervised and inspected, the
work of connection and necessary testing.
(4)
If applicable, such person shall have furnished satisfactory
evidence to the Authority that any tapping, connection, customer facilities,
administrative and inspection fees, as applicable, that may be charged and
imposed by the Authority against the owner of each improved property who connects
such improved property to a lateral have been paid.
D.
Except as otherwise provided in this subsection, each
improved property shall be connected separately and independently with a lateral
through a building main Grouping of more than one improved property on one
building main shall not be permitted, except under special circumstances and
for good cause shown, but then only after special permission of the authority,
in writing, shall have been secured and only subject to such rates, rules
and regulations as may be prescribed by the Authority.
E.
All costs and expenses of construction of a building
main and all costs and expenses of connection of a building main to a lateral
shall be borne by the owner of the improved property to be connected; and
such owner shall indemnify and shall save harmless this Township and the Authority
from all loss or damage that may be occasioned, directly or indirectly, as
a result of construction of a building main or of connection of a building
main to a lateral.
F.
A building main shall be connected to a lateral at the
place designated by the Authority and where, if applicable, the lateral is
provided. A smooth, neat joint shall be made and the connection of a building
main to the lateral shall be made secure and watertight.
G.
If the owner of any improved property located within this Township and abutting the water system, subject however to the exception provided for in § 322-13A, after 90 days notice from this Township, in accordance with § 322-13A, shall fail to connect such improved property, as required, this Township may enter upon such improved property and may construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law.
[Amended 11-19-1997 by Ord. No. 178]
A.
Where an improved property at the time connection to
the public water system shall be served by its own water supply, the existing
water supply shall be disconnected in accordance with all applicable Authority
rules and regulations.
B.
No building main shall be covered until it has been inspected
and approved by this Township or the authority. If any part of a building
main is covered before so being inspected and approved, it shall be uncovered
for inspection at the cost and expense of the owner of the improved property
to be connected to a lateral.
C.
Every building main of any improved property and any connection as described in § 322-14F shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
D.
Every excavation for a building main shall be guarded
adequately with barricades and lights to protect all persons from damage and
injury. Any street, sidewalk or other public property disturbed in the course
of installation of a building main shall be restored, at the cost and expense
of the owner of such improved property being connected, in a manner satisfactory
to this Township.
E.
If any person shall fail or shall refuse, upon receipt
of a notice of this Township or the Authority, in writing, to remedy any unsatisfactory
condition with respect to a building main within 60 days of receipt of such
notice, this Township or the Authority may refuse to permit such person to
be served with the water system until such unsatisfactory condition shall
have been remedied to the satisfaction of this Township and of the Authority.
F.
This Township reserves the right to adopt, and grants
to the Authority the right to adopt from time to time, rates and additional
rules and regulations as it shall deem necessary and proper relating to connections
with a lateral and with the water system, which rates and additional rules
and regulations, to the extent appropriate, shall be and shall be construed
as part of this article.
[Amended 11-9-1988 by Ord. No. 133; 11-19-1997
by Ord. No. 178]
For each violation of the provisions of this article, the owner, agent,
lessee or contractor or any other person who commits, takes part in or assists
in any such violation shall be liable upon conviction thereof in a summary
proceeding to pay a fine of not less than $200 nor more than $1,000 for each
offense, together with the costs of prosecution. Each day or portion thereof
in which a violation exists shall be considered a separate violation of this
article, and each section of this article which is violated shall be considered
a separate violation. In default of payment of such fine, such person shall
be liable to imprisonment for a period not exceeding 30 days.
It is declared that enactment of this article is necessary for the protection,
benefit and preservation of the health, safety and welfare of inhabitants
of this Township.
