The Borough of Avondale (the "Borough") owns and operates a public water supply system which supplies service within the Borough. The Borough hereby establishes the requirements described and/or incorporated herein. All subdividers, developers and/or contractors, their contractors, subcontractors, agents and employees (collectively "developer and/or contractor"), as well as all Borough water customers and property owners receiving or to receive Borough water service, shall comply with this article with respect to all work, connection to, extensions of and use of the Borough's public water supply system (the "Borough Water System"). This article is intended to cover a developer's and/or contractor's activities, from the developer's and/or contractor's initial plan to subdivide, develop and/or do work in the Borough, to the completion of a water system extension and/or connection. Nothing in this article shall be construed to relieve the developer and/or contractor and/or property owner of any responsibilities under and/or compliance with any and all other applicable regulations and/or requirements of the Borough and/or any other governmental authority.
[HISTORY: Adopted by the Borough Council of the Borough of Avondale as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-17-2010 by Ord. No. 227]
Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be as follows:
Avondale Borough, Chester County, Pennsylvania, or any municipal authority or entity created by the Borough for the purpose of carrying out the provisions of this article.
The person or entity appointed by Borough Council to enforce the Borough Code and ordinances.
The person, corporation, partnership or other legal entity appointed as the Borough Engineer by Borough Council.
The public water supply system, together with all facilities for production and transmission of potable water, which are owned and operated by the Borough.
A parcel or parcels of land, together with any buildings and improvements thereon and easements running with the parcel(s) and/or a leasehold, building and/or dwelling unit and/or principal use, which is or is to be connected to or served by the Borough Water System, including a subdivision and/or land development.
Chapter 375, Subdivision and Land Development, of the Code of the Borough of Avondale, as amended.
The design standards and other requirements described and/or incorporated herein are applicable to the entire Borough Water System, connections thereto and extensions and use thereof, unless and until a specific written waiver therefrom is granted by the Borough.
For purposes of this article, the term "Borough Engineer" shall mean the person, corporation, partnership or other legal entity appointed as such by the Borough. The Borough Engineer may act directly or through other engineers, agents, assistants, inspectors and/or representatives acting under the supervision and direction of the Borough Engineer. The Borough Engineer is authorized by the Borough to observe all activities within the scope of this article and Chapter 375, Subdivision and Land Development. All persons engaged in activities subject to observation by the Borough Engineer hereunder shall make all work and materials available to the Borough Engineer for observation, as, when and in such manner as the Borough Engineer shall direct. If the Borough Engineer determines that any work is not being done in compliance with this article and all other applicable regulations, the Borough Engineer is authorized, by the Borough, to order the work to stop and/or be done over and/or replaced, in compliance with all applicable regulations, all at the sole cost and expense of the person or entity responsible therefor.
A.
Prior to or concurrent with submission to the Borough of a sketch plan or preliminary plan pursuant to Chapter 375, Subdivision and Land Development, the developer and/or contractor shall file with the Borough a completed "Development Data Sheet." (See Appendix A for sample form.) [1] This form, which can be obtained at the Borough Office, shall list proposed construction plans and uses, together with projected sanitary sewer and water service needs. The filing of the form with the Borough shall be deemed a request ("request for allocation") for sanitary sewer and water allocation for the development. The Borough will review the Development Data Sheet and will approve or deny the requested allocation, or may, if the Borough considers it necessary, approve a portion of the requested allocation. The allocation shall remain in effect for 15 months after the request was approved; if the approved allocation has not been used within 15 months, a new request for allocation must be filed and approved by the Borough for the continued capacity allocation assignment. Requests for additional or subsequent allocations will not be granted if the developer and/or contractor has failed to show significant performance and compliance with the initial allocation.
[1]
Editor's Note: Appendix A is on file in the Borough offices.
B.
In addition to the filing of the Development Data Sheet, the Borough may request, and the developer and/or contractor shall furnish, any additional information concerning the proposed subdivision or development that the Borough considers pertinent or necessary for its review of the request for allocation.
C.
If the developer and/or contractor files a request for allocation prior to preliminary plan submission, the Borough may approve the requested allocation with the understanding and condition that the information supplied by the developer and/or contractor shall remain unaltered in the preliminary plan submission. Should plan modifications be made, the Borough's original approval of any allocation shall be voidable by the Borough.
All the appendixes are incorporated herein and made a part hereof. Compliance with all relevant designs, details, specifications, materials, dimensions and practices shown and/or described in the appendixes is required for all activities, construction and work regulated hereby.
If any specification, detail, design and/or construction requirement of this article conflicts with or is different than the provisions of Chapter 375, Subdivision and Land Development, as amended, of the Code of the Borough of Avondale, the Engineer shall determine which provision shall be used. All inconsistent and conflicting provisions in ordinances other than Chapter 375, Subdivision and Land Development, as amended, are hereby repealed to the extent of the inconsistencies and/or conflict.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The provisions of this article are declared to be for the prevention, abatement, and regulation of water pollution; preservation and enhancement of public and private water supplies; and health, safety and welfare of the citizens of the Borough. Any person violating any provisions of this article, upon conviction before any Magisterial District Judge, shall be fined not more than $1,000 and costs, or on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. In cases where the violation is with respect to an occupied building or property accessible to the sewer system, which said property or building is or would be subject to a tapping fee, an annual sewer rental, or charge of more than one equivalent dwelling unit, the fine for violation of any provision of this article shall not be more than $1,000 for each such unit or fraction thereof and costs, or on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each thirty-day period during which such violation of such provisions shall continue shall be deemed to be a separate offense. Each occupied building, or each living unit in a multiple-unit building, whether or not the owners thereof shall be permitted to connect two or more buildings or units by a single common connection to a lateral of the sewer system or shall be required to make separate connection for each occupied building or unit, shall constitute a separate and distinct unit under the provision of this article, and the persons owning occupied buildings, consisting of multiple units contained in the same structure, who violate any of the provisions of this article shall be subject to the above fines for each and every one of such occupied buildings or units which are in violation of the provisions of this article.
A.
Prior to or concurrent with submission to the Borough of a sketch or preliminary plan, the developer and/or contractor shall enter into an agreement with the Borough, agreeing to pay all engineering, legal and administrative fees and costs associated with the review of the subdivision plan, sewer and/or water systems and/or the request for allocation, and/or to reimburse the Borough for any and all such costs already incurred as a part of such subdivision review. The developer and/or contractor shall also agree to pay for the costs of engineering and surveillance during the construction phase of the sewer and/or water system installation, which shall consist principally of full time project representation (field surveillance) of the water system installation and construction. The engineering cost of the full time project representation (field surveillance) will also be computed on the basis of 5% of the construction cost estimate. The developer and/or contractor shall furnish a detailed construction cost estimates.
B.
Plan approval and/or commitment of a sanitary sewer and water allocation will be withheld or rescinded by the Borough if the developer and/or contractor fails to promptly pay engineering, legal and administrative costs, upon receipt of the Borough's bill for such costs.
A.
The Borough will not review or approve an application for water service if the developer and/or contractor has not properly filed a Development Data Sheet or has not executed a developer's agreement for cost reimbursement, as required by § 413-2 of this article.
B.
The Borough will review the preliminary plan to determine sanitary sewer and water system design and compliance with the Borough requirements and to evaluate capacity needs. Review by the Borough shall not constitute a commitment for water and/or sewer allocation. Allocation of water or sewer capacity is separate and distinct from review and approval of water system design or sanitary sewer system design.
C.
The Borough will review the preliminary plan as part of the request for allocation only to the extent required to address the sanitary sewer and water capacity issues. In reviewing such plans, pursuant to applications under Chapter 375, Subdivision and Land Development, the Borough will consider the standards set forth in §§ 413-5 and 413-6 of this article, as well as the design standards of Chapter 375, Subdivision and Land Development. This article also applies to work which is not a subdivision or a land development.)
D.
Final plan(s) under Chapter 375, Subdivision and Land Development, shall be usable as sanitary sewer and water system construction drawings. Separate sanitary sewer and water system construction drawings shall be submitted to the Borough. It is the Borough's intent that all drawings shall be suitable for incorporation into the Borough's electronic mapping system for sanitary sewers and water lines. Electronic copies of such plans shall be provided, together with sealed paper copies.
A.
Internal subdivision system adequacy and reliability. The minimum pipe size shall be eight inches; however, the Borough reserves the right to require a larger pipe size if a larger pipe size is deemed necessary by the Borough, in its sole discretion. All pipe intersections shall be valved, with two valves at each tee and three valves at each cross. Fire hydrants shall be provided generally at 500-foot to 600-foot intervals. Fire hydrants shall have a valved branch line. Fire hydrant number, location and spacing must be approved by the Borough and Fire Marshal; if hydrants are not installed as part of the initial work, then tees, plugged valves and valve boxes shall be provided at these spacing. The location of such tees shall be carefully recorded for future installation of the hydrant.
B.
Service connections. Each dwelling unit to be served by the water distribution system shall be provided with a separate service connection from the distribution main. Minimum service connection size shall be 3/4 inch. Service connections shall be installed perpendicular to the water distribution main. Curb stops and curb stop boxes shall be installed off of any paved areas, a distance of two feet from street right-of-way (topographical building) line and shall be protected from vehicular traffic. The water meter location(s) and positioning shall be reviewed and approved by the Borough.
C.
Adequacy of connection to the existing water distribution system. The subdivision water system should be connected to the existing water system at least at two different locations. In addition, a large diameter main extension from the existing system may be necessary to provide adequate water supply to the subdivision.
D.
Design review will include effects of subdivision on the general service area and methods to remedy any negative impact, including the need to upgrade and improve the existing system.
E.
System layout and specifications. The developer and/or contractor shall incorporate any design requirements and/or design modifications into the final plan(s).
F.
Rights-of-way. When feasible, water mains shall be installed within existing opened Borough streets or streets to be dedicated to the Borough upon completion. Mains crossing private property should be avoided wherever possible. If mains crossing private property cannot be avoided, a suitable right-of-way must be provided, to the Borough, for the main. The minimum right-of-way width shall be 20 feet, unless a greater width is necessary to access the main without shoring.
Before the Borough approves any final plan(s) and as a prerequisite for said approval, the developer shall deliver to the Borough a performance guarantee as required by Chapter 375, Subdivision and Land Development.
No water valves shall be opened or closed unless approval has been granted by the Borough. If water customers will be temporarily out of water as a result of construction, such service interruptions shall be kept to an absolute minimum, and the contractor shall notify affected customers and Borough or water system owner/operator in writing of the schedule service interruption 48 hours in advance.
All water used during water line construction shall be paid for at prevailing rates based upon metered usage. The Borough will furnish meter(s) in its service area, in accordance with the Borough's rules and regulations and in accordance with the Borough's current schedule of rates and charges.
The Borough will conduct surveillance, either full-time or periodic as warranted, of the water main installation. The costs of Borough or Pennsylvania Department of Transportation inspection shall be paid from the developer's and/or contractor's improvements security account, which shall be provided to the Borough prior to the recording of any subdivision or land development plan and prior to starting any construction. All construction shall be coordinated with the Borough Engineer. No pipe trench shall be backfilled until it has been observed and approved by the Borough Engineer.
Upon completion of the water line installation, as shown on the construction drawings or final plans, a final inspection shall be conducted by the Borough and a final test shall be performed in accordance with the requirements (Appendix B)[1] at no expense to the Borough. The final test shall be witnessed and approved by the Borough Engineer. A test certification may be required by the Borough for a water system test within an existing service area in the Borough.
[1]
Editor's Note: Appendix B is on file in the Borough offices.
A.
The Borough, at its discretion, may permit or require customer water and sewer service if water and sewer line installation is substantially complete. Such interim use shall not relieve the developer and/or contractor of any responsibilities under any approved plans, subdivision improvement agreements and/or development agreements with the Borough.
B.
No customer water service, involving an undedicated water line or facility, shall be permitted without the Borough's specific prior written approval.
C.
Prior to connecting individual customers to any undedicated water line, the customer or the customer's representative (e.g., developer, contractor, etc.) shall submit a water service application form to the Borough. Such forms are available from and shall be filed with the Borough Secretary at the Borough Office, during normal business hours. The water service request shall be accompanied by the required Borough fees payable to the "Borough of Avondale."
D.
Partial utilization. In the event the Borough permits water line installation in stages, a manhole or a valve, as applicable, shall be installed in the line at the end of the portion to be utilized to permit separate testing and utilization.
A.
Upon complete observation and approval, by the Borough Engineer, of the installation, water lines shall be offered for dedication to the Borough by delivery, to the Borough Secretary, of deeds of dedication approved by the Borough Solicitor and executed by the party who or which can convey good and marketable title. The Borough may require title insurance for such conveyance.
B.
Request for transfer of water lines to the Borough shall be accompanied by sealed and dated accurate record plans showing all manholes, invert elevations, mains, valves, hydrants and service laterals as installed; measurements to all valves and manholes to facilitate their surveyed location, and contain all other information as required by the Borough. The as-built plan(s) shall be furnished in clearly legible reproducible form and in Borough approved electronic format and shall clearly indicate that such plan(s) is/are an "as-built" plan(s). All such plans shall be sealed by a professional land surveyor registered as such in Pennsylvania.
C.
If rights-of-way are necessary and/or show on approved plans, the developer and/or contractor shall submit to the Borough an accurate surveyed and sealed right-of-way plan and legal description, in a form satisfactory to the Borough Solicitor and Engineer. A minimum twenty-foot-wide permanent right-of-way is required. Pipes shall be at the center line of the right-of-way. Such right-of-way plan and legal description will then be included in a deed of easement to be executed by the developer.