[Ord. 691, 9/10/2009]
The purpose of this Part 1 is to establish a system of public
water within the Township; authorize the construction of a public
water system therefor and therein; prohibit the construction of private
wells by owners or occupiers of properties adjoining or adjacent to
with the said public water areas; require connection to the public
water system; require permits; prohibit certain uses providing for
penalties; provide for rules and regulations; provide for specifications;
provide for the collections of assessments, rentals, including fees,
meter fees, maintenance fees, penalties and interest by lien, etc.
[Ord. 691, 9/10/2009]
Be it ordained and enacted by the Supervisors of Warminster
Township, Bucks County, Pennsylvania and it is hereby ordained by
authority of same, as follows.
[Ord. 691, 9/10/2009]
As used in this Part 1, the following terms shall have the meanings
indicated:
An arrangement allowing either a direct or indirect connection
through which backflow, including back siphonage, can occur between
the drinking water in an individual water supply well or a public
water system and a system containing a source or potential source
of contamination, or allowing treated water to be removed from any
public water system, and returned to the public water system. The
term does not include connections to devices totally within the control
of one or more public water systems and connections between water
mains.
The Warminster Township Water and Sewer Department.
Water rates, tapping fees, meter fees, inspection fees, permit
fees and any other fees associated with the public water system and
adopted annually or as required by the Board of Supervisors.
A discharge pipe with a valve and spouts or spouts at which
water may be drawn from a water main for fire-fighting, water system
maintenance or public health and safety considerations.
A written or printed notice, which shall be served upon the
owner if he can be found within the Township, or if he cannot be found
within the Township, said notice may be served by any of the following
methods:
Any structure erected and intended for continuous or periodic
habitation, occupancy or use by human beings or animals and for which
structure public water is or may be required.
[Amended by Ord. 737, 1/19/2017]
Such ordinances of the Township of Warminster, herein or
theretofore or hereafter adopted, concerning public water systems
or private wells.
Includes individuals, associations, partnerships, limited
partnerships, joint stock companies and corporations.
Any water supply serving a particular tax parcel within Warminster Township. This definition includes all wells as described or defined in § 26-301.
Each lot or piece of land adjoining, abutting on or which
is adjacent to the public water systems.
Any water supply and distribution system operated by the
Department or any water supply and distribution system designated
by written agreement with Warminster Township to operate within the
Township boundaries.
Such area as shall hereinafter be defined or designated from
time to time by the Supervisors of Warminster Township for the provision
of public water.
A system which provides water to the public for human consumption
which has at least 15 service connections or regularly serves an average
of at least 25 individuals daily at least 60 days out of the year.
The term includes collection, treatment, storage and distribution
facilities under control of the operator of the system and used in
connection with the system. The term includes collection or pretreatment
storage facilities not under such control which are used in connection
with the system. The term also includes a system which provides water
for bottling or bulk hauling for human consumption. Water for human
consumption includes water that is used for drinking, bathing and
showering, cooking, dishwashing or maintaining oral hygiene.
Township of Warminster, Bucks County, Pennsylvania.
[Ord. 691, 9/10/2009]
1.
Public water area. A distribution system of public water is hereby
established and ordained, including such distribution system as is
currently displayed on a Township map dated August 20, 2003, as prepared
by Carroll Engineering Corporation which is incorporated herein by
reference.[1]
[1]
Editor's Note: Said map is on file in the Township office.
2.
Public water extensions. Any extension of the public water system
beyond that displayed on the Township map dated August 20, 2003, shall
be designated by ordinance, and said ordinance shall be incorporated
by reference thereto the provisions of this Part 1 and any amendments
thereto.
3.
The public water system hereinbefore or hereinafter established,
and designated on the maps and plans, which are made part of this
and any ordinance adopted, shall be laid, as far as practicable along
and within the lines of the public roads and highways of said Township,
as on said plans or maps designated, and where such system diverges
from said public roads or highways, as shown on the plan and maps,
and passes through private property, the consent of the owners of
such private property shall be first obtained by recorded easement,
if possible, and if not, such public water system shall be constructed
through such private property upon providing for compensation in accordance
with the Act of Assembly in such a case made and provided.
4.
In all cases where it becomes necessary to extend the Township public
water system into an adjoining borough or township for the purpose
of supplying water, the Supervisors of Warminster Township shall approve
an agreement with such borough or township, or any of their authorized
agencies, regarding rights-of-way through private property, ownership,
maintenance and joint use of such lines.
5.
All persons owning an occupied building now erected upon property
accessible to the public water system shall at their own expense connect
such building with the public water system within 90 days after notice
to do so from the Township, or notice to do so from the Warminster
Township Water and Sewer Department.
A.
All persons owning a property accessible to the public water system
upon which a building is later erected shall upon the time of such
erection and at their own expense connect such building with the public
water system.
B.
All persons owning any occupied building upon property which hereafter
becomes accessible to the public water system shall, at their own
expense, connect such building to the public water system within 90
days after receipt of notice to do so.
6.
All connections with said public water system shall be made only
upon application and permit in prescribed form and shall be made in
accordance with such rules and regulations and upon such terms and
conditions as the Warminster Township Water and Sewer Department shall
from time to time adopt and prescribe. Said rules and regulations
when adopted shall have the same force and effect as if set at length
in this Part 1.
7.
After the expiration of the periods specified in Subsection 5 of this section, if any owner of an occupied building on property accessible to the public water system shall have failed to connect such property with the public water system as required by said notice, the Warminster Township Water and Sewer Department may cause to be served on the owner of such property, so failing to connect to said public water system, and also upon the occupants of the building in question, a copy of this Part 1 and a written or printed notice requiring such connection to be made, and such notice shall further state that its requirements shall be complied with within 90 days from the date thereof.
8.
Upon failure of any such owner, who has been duly notified as hereinabove
provided, to comply with the requirements of any such notice or with
the provisions of this Part 1, the Warminster Township Water and Sewer
Department shall cause the necessary connection to be made and, upon
completion of the work for the same, shall render a bill covering
the cost of said work to the owner of such premises.
9.
In the event that any property owner shall fail to pay the assessment
as hereinabove provided, it will be the duty of the Warminster Township
Water and Sewer Department to take the necessary action to effect
the collection of such unpaid bills in the manner provided by law.
[Amended by Ord. 737, 1/19/2017]
10.
All persons owning an occupied building now erected upon property
accessible to the public water system, and said property is served
by a private well system, may maintain the private well under the
conditions set forth in Part 3.
11.
All persons owning an occupied building now erected upon property
accessible to the public water system and property is served by a
private well system may abandon such well under conditions set forth
in Part 3.
12.
All persons owning an occupied building now erected upon property
accessible to the public water system is prohibited from drilling
or constructing a private well for the purpose of domestic or household
water supply. This includes all commercial and industrial properties.
[Ord. 691, 9/10/2009]
1.
The Township Water and Sewer Department will maintain a set of rules
and regulations for the Warminster Township public water system. These
rules and regulations will be adopted by the Board of Supervisors
and thereby be incorporated as part of this Part 1.
2.
These rules and regulations may be updated from time to time to assure
the security and the public safety of the Warminster Township public
water system.
[Ord. 691, 9/10/2009]
1.
The Township Water and Sewer Department will maintain a set of specifications
for the Warminster Township water system. These specifications will
be adopted by the Board of Supervisors and thereby be incorporated
as part of this Part 1.
2.
These specifications may be updated from time to time to assure the
security and the public safety of the Warminster Township public water
system.
[Ord. 691, 9/10/2009]
1.
Annually, the Warminster Township Board of Supervisors will adopt
a fee schedule, including all water rates, tapping fees, meter fees,
inspection fees, permit fees and any other fee associated with the
public or a private water system.
2.
This fee schedule may be modified within the annual time period if
required to reflect changes in economic conditions, legislation or
any other condition which may impact the financial well being of the
public water system.
[Ord. 691, 9/10/2009]
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Part 1 shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by Warminster Township, pay a judgment of not more than
$500 plus any court costs, including reasonable attorneys' fees incurred
by Warminster Township as a result thereof. No judgment shall commence
or be imposed, levied or payable until the date of the determination
of a violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, Warminster Township
may enforce the judgment pursuant to the applicable rules of civil
procedure. Each day that a violation continues shall constitute a
separate violation, unless the Magisterial District Judge determining
that there has been a violation further determines that there was
a good faith basis for the person, partnership or corporation violating
this Part 1 to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorneys' fees collected for the violation of water
ordinances shall be paid over to Warminster Township.
[Ord. 691, 9/10/2009]
1.
From time to time as required, the Township may allow other public
water suppliers whose distribution system exists within the Township
or on its borders with adjoining townships or boroughs to serve Warminster
Township residents.
2.
Any Warminster Township resident who is served by said other public
water suppliers will be subject to all rules, regulations, specifications,
fees and penalties of said supplier.
