[HISTORY: Adopted by the Borough Council
of the Borough of Dover 11-6-1978 by Ord. No. 8-78. Amendments noted where
applicable.]
A.
No person shall cause or permit any swimming pool with a capacity equal to or greater than 1,000 gallons to be installed in or upon any property owned by such person, or upon any property rented by such person, without first having obtained a building permit in accordance with Chapter 160, Zoning, as amended, or such other ordinance which may supersede such chapter and regulate building permits.[1]
B.
Any swimming pool with a capacity equal to or greater
than 1,000 gallons shall be deemed a structure.
Any such swimming pool regulated by this chapter
shall comply with any and all laws, regulations and statutes, with
regard to such swimming pools, as prescribed by the Commonwealth of
Pennsylvania.[1]
A.
Upon completion of the installation of a swimming
pool regulated by this chapter, the building permit holder shall give
written notice of such completion to a Borough official, who shall
be designated by Borough Council by resolution from time to time,
and the Borough Official shall immediately notify the Dover Borough
Council Water Committee of such completion.
B.
Within seven days from receipt of such notice by the
Borough Official, the Dover Borough Council Water Committee shall
indicate in writing to the building permit holder whether or not the
building permit holder's swimming pool may be filled by water from
the Dover Borough Municipal Water supply. In the event the Dover Borough
Council Water Committee determines that the Dover Borough Municipal
Water supply is not adequate to fill such swimming pool, the Dover
Borough Council Water Committee shall set forth specifically the reasons
for its decision in writing and shall provide a copy of the same to
the building permit holder.
C.
The determination by the Dover Borough Council Water
Committee of whether or not the building permit holder may fill such
swimming pool from the Dover Borough Municipal Water supply shall
be based upon whether or not the water supply at that time is adequate
to meet the needs of the Borough. In making this determination, the
Dover Borough Council Water Committee shall compare the water usage
of the Borough for the preceding 30 days with the water production
by the Borough's wells at the time the determination is being made.
The Dover Borough Council Water Committee shall also consider substantial
changes in the water production by the Borough's wells, the amount
of water in the Borough water tower, the water level in the Borough's
wells and other substantial water requirements which are at that time
known to the Dover Borough Council Water Committee and which would
be required within 30 days from the date of the determination and
which were known prior to the written notice of completion given to
the Borough official by the building permit holder.
[Amended 4-5-1999 by Ord.
No. 1999-1]
Any person who shall violate or fail to comply
with any of the provisions of this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600, together
with cost of prosecution, and in default of payment of such fine and
costs to imprisonment for a term not exceeding 30 days.
Any person who shall violate or fail to comply with any of the provisions of this chapter and as a result thereof shall cause damage to any part of the Dover Borough Waterworks or shall cause Dover Borough Waterworks to purchase water from a source other than the Dover Borough Water System shall be responsible for any and all such damages and expenses. The recovery of damages or expenses under this section shall in no way affect the Borough's right to proceed against the person under § 140-4, nor shall the Borough's prosecution of any person under § 140-4 affect the Borough's right to collect the cost of any and all such damages and expenses.
