[Adopted 12-4-1989 by Ord. No. 68-89 (Ch. 26, Part 7, of
the 1984 Code of Ordinances)]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this article shall be as
follows:
The Elizabethtown Area Water Authority or any municipal authority
successor thereto which provides public water service within any portion
of the Township.
[Amended 9-4-2012 by Ord. No. 196-2012]
The Board of Supervisors of the Township of West Donegal,
Lancaster County, Pennsylvania.
All existing or proposed structures and appurtenances of
the Township and/or Authority, as of any particular time, for production,
transmission, storage or distribution of water in, to and for the
Township, including but not limited to water mains, valves, hydrants,
storage tanks, and other water supply facilities.
The Township of West Donegal, Lancaster County, Pennsylvania,
a political subdivision of the commonwealth, acting by and through
its Board of Supervisors or, in appropriate cases, acting by and through
its authorized representatives.
All structures and appurtenances for the provision of water
service to a subdivision or land development, including but not limited
to water mains, hydrants, valves, fittings, corporation stoops, copper
tubing, curb stops, and other related accessories and appurtenances.
The Board may, as a condition to the acceptance of financial
security for improvements to be constructed as a part of a land development
or subdivision, or 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.
A.
A developer shall provide a subdivision or land development with
complete water distribution facilities, which shall be extended to
and be 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:
(1)
Where an adequate public water system is within 3,000 feet of the
proposed subdivision or land development; or
(2)
Where construction or development plans approved by the Township
and/or the Authority provide for the installation of an adequate public
water system in the vicinity of the location of the proposed subdivision
or land development and/or where, in the Township's opinion, it is
practicable.
B.
Notwithstanding the foregoing, no subdivision or land development within the Agricultural District, as indicated on the Official Zoning Map of the Township of West Donegal, for agricultural purposes or for residential purposes at the densities permitted by the Agricultural District in Chapter 240, Zoning, of the Code of the Township of West Donegal for subdivision or residential lots or erection of additional dwelling units shall be required to extend the public water system.
A.
If § 226-8 of this article is inapplicable or if immediate connection to the adequate public water system referred to in § 226-8 is not practicable, then in either such case, if the Township is of the opinion that an adequate public water system will become available within a reasonable time, the developer shall be required to install water distribution facilities in accordance with the Township's and the Authority's design and construction requirements, together with all necessary service lines extending from the water main to the street right-of-way line, and the termini of all such service lines shall be capped by the developer pending the availability of an adequate public water system to which they can be connected.
B.
Wherever capped water distribution facilities are required by § 226-9A of this article, the service line shall be so installed as to avoid placing house connections under any paved areas or driveways, and all the water mains and service lines shall be installed before the streets shown on the subdivision or land development plan are constructed.
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 presence
of agricultural uses, the residential use and density limitation of
the Agricultural Zoning District, proximity of the subdivision or
land development to an existing or proposed public water system, the
projected date of the construction of a proposed public water system
and whether the installation can be effected without prohibitive expense
or undue hardship. If the Authority has adopted a plan or otherwise
taken official action to indicate that it intends to install a public
water system or extend its existing public water system to a location
within 3,000 feet of the proposed subdivision or land development
within three years from the date of the Board's consideration of the
proposed development, it shall be conclusively presumed that an adequate
public water system shall be installed within a reasonable time, and
the developer shall install capped water distribution facilities.
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.
Financial security satisfactory to the Board and/or the Authority
shall be furnished by the developer to guarantee completion of all
improvement 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 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 shall 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 construction of capped water facilities in accordance with
the requirements of this article shall constitute an irrevocable offer
of dedication of the capped water facilities. Notwithstanding the
foregoing, the capped water facilities shall be private property until
such offer of dedication is formally accepted by the Township or by
the Authority, and neither the Township nor the Authority shall have
any responsibility for the maintenance of such facilities until the
offer of dedication is formally accepted.
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 10-7-1996 by Ord. No. 109-1996; 5-19-1997 by Ord. No.
114-1997]
For each violation of the provisions of this article, any 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.
In default of payment of such fine, such person shall be liable to
imprisonment for a period not exceeding 30 days.
In addition to the remedies provided in § 226-16 above, any continued violations of this article may be abated by proceeding against the violator in a court of equity for relief.
