This article shall be known as the "Water Shortage Response Plan Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Rapho as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-7-1991 by Ord. No. 02-91]
A.
Whenever the Mount Joy Borough Authority shall be in a Stage 2 water shortage, no person shall use water supplied by that Authority in violation of the Authority's nonessential use ban. The activities banned are as follows:
Nonessential Use Ban | |
|---|---|
Prohibited | Exceptions |
Lawn watering | Sewage or stormwater systems utilizing spray irrigation Grass tennis courts as minimally necessary Newly seeded and sodded grass areas between the hours of 5:00 p.m. and 9:00 a.m. by means of a hand-held hose, nozzle, bucket or pail Newly seeded or sodded nonresidential grass area exceeding 1,000 square feet may be watered conservatively between the hours of 5:00 p.m. and 9:00 a.m. |
Irrigation of gardens, landscaped areas, trees and shrubs by any means other than a hand-held hose with an automatic shut-off nozzle, bucket, or pail between the hours of 5:00 p.m. and 9:00 a.m. | Agricultural irrigation Commercial nurseries Maintenance of newly planted gardens, trees, shrubs or other outdoor plants; hand-held equipment only Arboretums and public gardens of national, state or regional significance |
Watering golf courses | Tees and greens may be watered between the hours of 5:00 p.m. and 9:00 a.m. |
Washing paved surfaces, such as streets, roads, sidewalks, driveways, garages, parking areas, tennis courts and patios | Water may be used for prewashing in preparation of asphalt street or driveway recoating and sealing Clay tennis courts as minimally necessary by hand-held hose |
Operation of water fountains, artificial waterfalls and reflecting pools | None |
Washing vehicles | Commercial car washes equipped with recycling Cleaning of commercial or public vehicles to allow for safe operation |
Serving water in eating places unless specifically requested by the individual | None |
Filling and topping off swimming pools | Public/residential swimming pools with filtration/recycling serving 25 or more dwelling units Health-care facilities for patient care/rehabilitation Other pools if: Water supplier approved Able to filter/recycle water |
B.
Whenever the Mount Joy Borough Authority shall be in a Stage 3 water shortage, no water customer who uses water supplied by the Authority shall use water in violation of the Authority's Local Water Rationing Plan approved by the Pennsylvania Emergency Management Authority. The water uses prohibited are:
(1)
The watering of lawns.
(2)
The watering of outdoor gardens, landscaped areas, trees, shrubs, and other outdoor plants, except between the hours of 5:00 p.m. and 9:00 a.m. by means of a bucket, or pail, at the minimum rate necessary.
(3)
The washing of automobiles and trucks, except when required for safety and operational purposes.
(4)
The washing of streets, driveways and sidewalks.
(5)
The serving of water in restaurants, clubs or eating places unless specifically requested by the individual.
(6)
Ornamental water use, including, but not limited to, fountains, artificial waterfalls, and reflecting pools.
(7)
The use of water for flushing sewers or hydrants by municipalities or any public or private individual or entity except as deemed necessary and approved in the interest of public health or safety by the municipal health officials.
(8)
The use of fire hydrants by fire companies for testing fire apparatus and for fire department drills except as deemed necessary in the interest of public safety and specifically approved by the Authority.
(9)
The use of fire hydrants by municipal road departments, contractors and all others, except as necessary for fire fighting or protection purposes.
(10)
The use of water to fill and top off swimming pools.
[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 conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
This article shall be effective in five days.
[Adopted 12-5-2002 by Ord. No. 2002-6]
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
The Manheim Borough Authority, Lancaster County, Pennsylvania, a municipality authority with offices at 15 East High Street, Manheim, PA 17545.
The pipe extension from the water system of any structure providing water for human consumption to the curb box. It is not part of the water distribution system, and, as such, is owned by the owner.
The attachment or joining of an improved property to the water distribution system in such a way that it can conduct water to the improved property.
The valve located at the point of connection of the building line and the service lateral. It is part of the water distribution system, and, as such, is owned by the Authority.
Any property located within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings.
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
Any individual, partnership, company, association, society, corporation or other group or entity.
That part of the water distribution system extending from a water main to the curb box.
The Township of Rapho, Lancaster County, Pennsylvania, a Second Class Township, with offices at 971 North Colebrook Road, Manheim, Pennsylvania.
All facilities used for distributing water, owned, maintained and operated by the Authority.
Any pipe or conduit constituting a part of the water distribution system used or usable for water distribution purposes.
A.
The owner of any improved property located in the Township which abuts the water distribution system shall connect the improved property to the water distribution system, in such manner as the Township and the Authority may require, within 90 days after notice to the owner from the Township or the Authority to make connection, for the purpose of providing public water service to such improved property, subject to such limitations and restrictions as shall be established by the Township or the Authority, from time to time.
B.
All water used for human consumption on an improved property, after connection of the improved property to a water main has been required under this article, shall be derived from the water distribution system, subject to such limitations and restrictions as shall be established by the Township or the Authority from time to time.
C.
No private well or other water supply shall be used and maintained to provide water for human consumption at any time upon any improved property which has been connected to a water main or which shall be required under this article to be connected to a water main.
D.
Every such private well or water supply in existence shall be disconnected from the building line. However, those properties which have private water supplies may continue to use them for purposes other than human consumption, such as process waters in industries, irrigation and livestock watering on farms and lawn watering on residential properties.
E.
No well or other private water supply shall at any time be connected with any portion of the water distribution system. If it is maintained for uses other than human consumption, the private water supply shall be completely and totally separated from the water distribution system.
F.
The notice by the Township or Authority to make a connection to a water main shall consist of a written or printed document requiring the connection in accordance with the provisions of this article and specifying that the connection shall be made 90 days from the date of the notice. The notice may be given at any time after a water main is in place which can distribute and provide water for use on the particular improved property. The notice shall be served upon the owner by personal service, certified or registered mail.
A.
Except as otherwise provided, every improved property shall be connected separately and independently to the service lateral by a building line. The grouping of more than one building line shall not be permitted, except under special circumstances and for cause shown, and then only upon securing prior written permission of the Authority.
B.
All costs and expenses of constructing a building line and all costs and expenses of connecting of a building line to a service lateral shall be borne by the owner of the improved property. The owner shall indemnify and save harmless the Township and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of constructing a building line or of connecting a building line to a service lateral.
C.
A building line shall be connected to a service lateral at the place designated by the Authority which shall be at the curb box. In those situations where there is no curb, the curb box shall be located at the property line.
D.
If the owner of any improved property located in the Township which abuts the water distribution system, after 90 days' notice from the Township or Authority in accordance with this article, shall fail to connect the improved property, as required, the Township may make the connection, or, it may authorize the Authority to make the connection. All costs and expenses incurred in making the connection shall be the responsibility of the owner. The Township, or the Authority, shall forthwith, upon completion of the work, send an itemized bill of the cost of making the connection to the owner of the improved property. The bill shall be payable within 30 days of receipt thereof. If the owner of the improved property fails to pay the bill within the requisite time period, the Township or the Authority may file a municipal lien for the costs incurred within six months of the date of the completion of the construction of the connection, the lien to be subject in all respects to the general laws providing for the filing and recovery of municipal liens. Township or the Authority shall also be entitled to collect the costs of connection by such other legal means as may be available to the Township or Authority according to law.
A.
No building line shall be covered until it has been inspected and approved by the Township or the Authority. If any part of a building line is covered before being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property.
B.
Every building line of an improved property shall be maintained in a leak-free and safe operating condition by and at the expense of the owner of such improved property.
C.
All excavation for connection of a building line to a service lateral shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the course of installation of a building line shall be restored at the cost and expense of the owner of the improved property, in a manner satisfactory to the Township and the Authority.
D.
If any person shall fail or refuse, within 30 days of receipt of a notice in writing, to remedy any unsatisfactory condition with respect to a building line, the Township or the Authority may shut off the water to the improved property until the unsatisfactory condition has been remedied to the satisfaction of the Township and the Authority.
E.
The Township hereby incorporates by reference the rules and regulations of the Authority pertaining to the use of the water distribution system which are presently in effect, and adopts said rules and regulations in their entirety as if fully set forth in this article. The Township reserves the right to adopt, from time to time, additional rules and regulations as it may deem to be necessary and proper relating to connections with a service lateral and the water distribution system. Any additional rules and regulations, to the extent appropriate, shall be construed as part of this article.
F.
Any person who connects with or uses any water system other than the water distribution system in violation of this article shall be deemed and shall be declared to be maintaining a nuisance, which nuisance the Township is hereby authorized and directed to abate in the manner provided by law.
A.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $300 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Fines and costs imposed under provisions of this article shall be enforceable and recoverable in the manner provided by law.
In the event any provision, section, sentence, clause or part of this article shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this article, it being the intent of the Township that such remainder shall be and shall remain in full force and effect.
It is declared that enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of the Township.
All ordinances or parts of ordinances inconsistent with this article are hereby repealed.
This article shall become effective five days after the date of enactment.