This article shall be known as "The Fire Protection Cistern Ordinance of the Township of Spring."
[Adopted 7-13-1998 by Ord. No. 267 (Ch. IX, Part 6, of the 2013 Code of Ordinances)]
The following regulations are promulgated for the purpose of assuring the proper construction of new fire protection cisterns within the Township of Spring, Berks County, Pennsylvania ("Township"), and to improve the development of water resources for fire protection throughout the Township, thereby creating conditions favorable to the health, safety and general welfare of the citizens of the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
The owners and/or developers of all subdivisions containing four or more lots and/or land developments containing in its entirety structures totaling 10,400 square feet or more, in area, hereafter approved or constructed within the Township, in which subdivision or land developments there is no public water supply available or the public water supply fails to meet the requirements of the Township for adequate fire protection, shall construct within such subdivisions or land developments fire protection cisterns in conformity with the provisions of this article, or approved equal. Any further subdivision resulting in a total of four or more lots, which include any lots of the original subdivision, or any further land developments resulting in structures with a total of 10,400 square feet or more in area, shall constitute cause for the installation of fire cisterns. Said owners and/or developers shall include all such fire protection cisterns required hereunder as municipal improvements in the applicable municipal improvement agreement. All fire protection cisterns required hereunder shall be constructed and installed prior to the issuing of any building permit for other structures by the Township.
B.
All new and replacement installations shall be a minimum of 30,000 gallons, designed to deliver 1,000 GPM or an approved equal that meets or exceeds the current codes and standards.
C.
Fire protection cisterns shall be located no more than 800 feet from the nearest lot line of the furthermost lot. In addition, such cisterns shall be located at approximately 1,600-foot intervals along streets or roadways. Each such cistern shall be sited and located at an approved location where an apparatus can be within 20 feet or less of the cistern. Access must be available at all times. Cisterns shall be located on the final subdivision or final land development plan approved by the Township.
D.
The design of each fire protection cistern shall be submitted to the Township for approval prior to construction or installation. A minimum of four sets of design plans, sealed and signed by a professional registered engineer, shall be submitted to the Township.
E.
All construction work done pursuant to the provisions of this article shall be inspected and approved by the Township.
F.
Contour lines and grades shall be indicated on recorded plans of subdivisions and/or land developments or other such plans as may be approved by the Township. The cost of establishing such contour lines and grades shall be borne by the subdivider or land developer.
G.
Should the Township determine that the ground condition and/or rock condition beneath a fire protection cistern area provides sufficient stability, the subbase requirements may be waived, modified or changed.
H.
All trees, roots, stumps, brush, downed timber, rotten wood, rubbish and any other objectionable material shall be removed from the site, including the removal of any obstruction interfering with the proposed cistern construction, for the full right-of-way area, or as approved by the Township.
I.
Subgrade shall be prepared to accommodate the placement of the fire protection cistern in conformity to the contour lines, grades and widths shown on the drawings and cross-sections.
J.
Subgrade shall be graded to the elevation and cross-section required with sufficient material compacted to required density.
K.
In cases where the required density or stability cannot be obtained, the material in the area shall be excavated to a depth that when replaced or recompacted at a moisture content not exceeding optimum, the subgrade shall have required stability.
L.
The subgrade shall be properly prepared to receive the subbase.
M.
The subdivider or land developer shall provide signs bearing the words "No Parking" within 20 feet clear distance of structures contemplated hereunder.
N.
During construction of the subdivision or land development, and until the lots therein referred to are conveyed by the subdivider or land developer, such subdivider or land developer shall maintain the fire protection cistern located on its land. Whenever a conveyance of a lot or lots referred to in the said subdivision or land development plan containing a fire protection cistern, the landowner(s) therein referred to shall assume the maintenance and operation of the said fire protection cistern(s). The Township shall assume no ownership interest in such fire protection cisterns.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Property owner(s) are responsible to ensure that the cistern remains inspected, cleaned, serviced, full of water and operable at all times.
B.
All fire protection cisterns shall be cleaned and all sediment removed annually, or as deemed necessary by the Township Fire Code Official or his/her representative. Property owners who fail to meet maintenance requirements may be fined not less than $200 per violation. 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 subject to the penalty provisions of § 1-12, Summary offenses, of the Code of the Township of Spring.
C.
The Township of Spring Fire Rescue Services, together with any fire company or fire department authorized by the Township to combat fires within the Township may, as necessary, connect to and use the fire protection cisterns for training, system maintenance or emergency use.
D.
Refill of the fire protection cisterns following maintenance or emergency use shall be the responsibility of the party that removed the water from such cistern. A fee for the cost of refilling the cistern may be assessed to the property owner where the incident occurred if costs are generated.
E.
Records of all maintenance, repairs, testing, cleaning, and refilling shall be submitted to the Township of Spring Fire Code Official annually, or as work is completed.
F.
Township of Spring has the right, but not the duty, to inspect and perform necessary maintenance and repairs to the cisterns if the owner(s) failed to do so after receiving notice from the Township. The Township may recover the cost of such necessary maintenance and repairs from the property owner(s). Failure of the owner(s) to remit to the Township payment in full within 20 days of receipt of an invoice from the Township may result in a lien upon the property including but not limited to all fees and costs in the collection thereof.
Exceptions may be granted under the following conditions:
A.
In appropriate locations, the Township may approve a pond with a dry hydrant system in lieu of an underground fire protection cistern.
B.
In circumstances where the adjoining existing subdivision or land development contains a fire protection cistern meeting the distance requirements contained in § 181-23C of this article for the subdivision and/or land development, the Township may waive the cistern requirement.
C.
In circumstances where automatic sprinkler systems are required or chosen, the Township may waive the cistern requirement.
Since fire protection cistern standard specifications of the Township may, from time to time, change, the Board of Supervisors of the Township reserve the right to amend and modify, by resolution of said Board, new and/or revised standard cistern specifications. Public notice of such resolution shall be given and a written copy therefor shall be attached to and become a part of this article.
Notwithstanding anything herein set forth, whenever the provisions of this article shall be inconsistent with Chapter 400, Subdivision and Land Development, of the Code of the Township of Spring, and the provisions of Chapter 400 are more restrictive or contain more stringent requirements than are set forth in this article, the provisions of Chapter 400, Subdivision and Land Development, shall prevail and be applicable.
If any section, paragraph, sentence, clause or phrase of this article shall be declared invalid for any reason whatsoever, such decision shall not affect remaining portions.