[Adopted 2-19-2008 by Ord. No. 2008-O-04 (Ch. 26, Part 4, of the 1995 Code of Ordinances)]
This article is an ordinance establishing a system of public water within the Township; authorizing the construction of a public water system therefor and therein; prohibiting the construction of private wells by owners or occupiers of properties adjoining or adjacent to said public water areas; requiring connection to the public water system; requiring permits, prohibiting certain uses; providing for penalties; providing for rules and regulations; providing for specifications; and providing for the collection of assessments, rentals including fees, meter fees, maintenance fees, penalties and interest by lien, etc.
It is ordained and enacted by the Supervisors of Warrington Township, Bucks County, Pennsylvania, and is hereby ordained by authority of same, as follows.
As used in this article, the following terms shall have the meanings indicated:
ACCESSIBLE TO THE PUBLIC WATER SYSTEM
Buildings located within 150 feet of the public water system.
CROSS-CONNECTION
An arrangement allowing either a direct or indirect connection through which backflow, including backsiphonage, 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.
DEPARTMENT
The Warrington Township Water and Sewer Department.
FEES
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.
FIRE HYDRANT
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.
NOTICE
A written or printed notice, which shall be served upon the owner if he be found within the Township; or if he cannot be found with the Township, said notice may be served by any of the following methods:
A. 
By registered or certified United States mail addressed to the last known address of the owner;
B. 
By leaving the same with the owner's agent or the party in possession; or
C. 
By posting the same on the most public part of the premises concerning which the notice is directed.
OCCUPIED BUILDING
Refers to 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.
ORDINANCES
Such ordinances of the Township of Warrington herein, or heretofore or hereafter adopted, concerning public water systems or private wells.
PERSON
Includes individuals, associations, partnerships, limited partnerships, joint-stock companies and corporations.
PRIVATE WELL
Any water supply serving a particular tax parcel within Warrington Township. This definition includes all wells as described or defined in Article II of this chapter.
PROPERTY
Each lot or piece of land adjoining, abutting on or which is adjacent to the public water systems.
PUBLIC WATER
Any water supply and distribution system operated by the Department or any water supply and distribution system designated by written agreement with Warrington Township to operate within the Township boundaries.
PUBLIC WATER DISTRICT
Such area as shall hereinafter be defined or designated from time to time by the Supervisors of Warrington Township for the provision of public water.
PUBLIC WATER SYSTEM
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
The Township of Warrington, Bucks County, Pennsylvania.
A. 
Public water area. A distribution system of public water is hereby established and ordained, including such distribution system as is currently displayed on the Warrington Township Water System Map, latest edition, which is incorporated herein by reference.
B. 
Public water extensions. Any extension of the public water system beyond that displayed on the Warrington Township Water System Map shall be designated by ordinance, and said ordinance shall be incorporated by reference thereto in the provisions of this article and any amendments thereto.
C. 
The public water system hereinbefore or hereinafter established, and designated on the maps and plans which are made part of this article 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.
D. 
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 Warrington 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.
E. 
All persons owning an occupied building now erected upon property, which building is within 150 feet of 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 Warrington Township Water and Sewer Department.
(1) 
All persons owning a property accessible to the public water system upon which a building is later erected within 150 feet of the public water system shall, upon the time of such erection and at their own expense, connect such building with the public water system.
(2) 
All persons owning any occupied building upon property which hereafter is located within 150 feet of 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.
(3) 
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 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 article.
(4) 
After the expiration of the periods specified in Subsection E 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 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 article 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.
(5) 
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 article, the 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.
(6) 
In the event that any property owner shall fail to pay the assessment as hereinabove provided, it will be the duty of the Department to take the necessary action to effect the collection of such unpaid bills in the manner provided by law.
(7) 
All persons owning an occupied building now erected upon property accessible to the public water system where said property is served by a private well system may maintain the private well under the conditions set forth in Article II of this chapter.
(8) 
All persons owning an occupied building now erected upon property accessible to the public water system where said property is served by a private well system may abandon such well under conditions set forth in Article II of this chapter.
(9) 
All persons owning an occupied building now erected upon property accessible to the public water system are prohibited from drilling or constructing a private well for the purpose of domestic or household water supply. This includes all commercial and industrial properties.
A. 
The Department will maintain a set of rules and regulations for the Warrington Township public water system. These rules and regulations will be adopted by the Board of Supervisors and thereby be incorporated as part of this article.
B. 
These rules and regulations may be updated from time to time to assure the security and the public safety of the Warrington Township public water system.
A. 
The Department will maintain a set of specifications for the Warrington Township water system. These specifications will be adopted by the Board of Supervisors and thereby be incorporated as part of this article.
B. 
These specifications may be updated from time to time to assure the security and the public safety of the Warrington Township public water system.
A. 
Annually, the Warrington 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.
B. 
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys’ fees, incurred by the Township in the enforcement of this article. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
A. 
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 Warrington Township residents.
B. 
Any Warrington 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.
It is not intended by this article to repeal, abrogate, annul or interfere with any existing ordinance or enactment or with any rule or regulation or permit adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any provision of this article.