[Adopted 6-25-1990 by Ord. No. 90-2 (Part 8:100 of the 1984
Warwick Township Code).]
As used in this article, the following terms
shall have the meanings indicated:
BUSINESS
Any person or persons, corporations or partnerships or other
entity engaged in the buying, selling, storing, transferring, transporting
and/or manufacturing of properties, merchandise, chemicals, fuels,
goods, moneys, sources and/or other means of compensation for the
purpose, stated or otherwise, of realizing a profit and/or other gains.
EMERGENCY MANAGEMENT ORGANIZATION
The staff groups outlined and comprised of, in the planning
and operational flowchart, the Emergency Management Coordinator or
Coordinators, as contained in the Warwick Township Emergency Operations
Plan.
INDUSTRIAL ACCIDENT
Any incident that occurs from the storage, transportation,
use and/or manufacturing of any substance potentially dangerous to
the public health and welfare at large that necessitates:
A.
The intervention of the Warwick Township Police
Department or any of the emergency agencies' services which may service
Warwick Township, including but not limited to fire companies or rescue
squads operating in Warwick Township or the Warwick Township Emergency
Management Organization or emergency response agencies employed by
Warwick Township; or
B.
The need for cleanup and/or abatement measures
to be performed by Township employees or anything else resulting in
expense to the Township.
PUBLIC THOROUGHFARE
County bridges, state highways, Township streets, any navigable
waterway or any other roadway or watercourse owned by a governmental
unit.
Whenever the requirements of this article are
in conflict with other requirements of the Code of the Township of
Warwick, the most restrictive or those imposing the highest standards
shall govern.
[Adopted 3-5-2012 by Ord. No. 2012-2]
All claims shall be reviewed by the Township Board of Supervisors
or its designee ("Board"). The Board, in its sole discretion, shall
determine whether the claim is reasonable and appropriate for submission
to the person or entity to whom services were provided. In determining
whether the claim should be submitted, the Board shall consider the
severity of the event and the amount of resources expended in providing
the service; and the likelihood of collection of the funds by the
Township. The Board may adjust or reject the claim as it, in its sole
discretion, deems appropriate. The emergency service provider shall
be advised of the disposition of the claim within 30 days of submission
thereof to the Township. Claims not approved within 30 days of submission
shall be deemed denied.
The Township of Warwick or the emergency service provider may
enforce the provisions of this article by civil action in a court
of competent jurisdiction for the collection of any amounts due hereunder,
plus attorneys' fees, and may pay for any other relief that may
be appropriate, including equitable relief.
The fees set forth in this article shall be delivered to and
for the use of the emergency service provider which was primarily
responsible for the emergency service provided. The emergency service
provider in whose district the incident occurred is entitled to the
fee even if said emergency service provider was assisted by other
emergency service providers. In the event that the incident occurs
on realty that is located in more than one district, then the fee
shall be split between the appropriate emergency service providers.
In all cases, the determination of the allocation of the fees collected
shall be determined solely by Warwick Township.
The fees heretofore set forth are not inclusive of all the remedies
that the Township of Warwick or its emergency service providers may
pursue. The Township of Warwick or its emergency service providers,
their agents, officials, employees or members have the right to pursue
any other legal remedy or to recover any other cost against any person
regardless of payment of the prescribed fees.