[HISTORY: Adopted by the Board of Supervisors of the Township of Fairview as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
289a Fig 1 Off Site Groundwater Use
[Adopted 10-31-2005 by Ord. No. 2005-9 (Ch. 26, Part 1, of the 1991 Code of Ordinances)]
This article shall be known any may be cited as the "Westfield Terrace Water District Ordinance."
The purpose of this article is to create a water district in a development located in Fairview Township known as Westfield Terrace for the purpose of requiring property owners to connect to the public water system to provide water for use and human consumption, and for the purpose of protecting present and future property owners in the district from possible contamination of groundwater and well water within the district.
As used in this article, the following terms shall have the meanings indicated:
USE AND HUMAN CONSUMPTION
Human consumption, including, drinking and cooking, as well as all other uses of water, including, but not limited to, bathing, consumption by pets or animals, cleaning, irrigation or watering of vegetation, and all consumption or use of water within the district.
A. 
A water district is hereby created in the Westfield Terrace development in Fairview Township, York County, Pennsylvania, being bounded as follows:
(1) 
On the west by Old York Road and property owned by Hempt Bros. Inc. between Old Depot Road and Boeing Road;
(2) 
On the north by Old Depot Road between Old York Road and property of the United States Government;
(3) 
On the east by property of the United States Government; and
(4) 
On the south by Boeing Road all that property bounded by the property of the United States Government.
B. 
This water district area, as described above, is shown as the "Off-Site Groundwater Use Restriction Area" in a drawing entitled Figure 1, Defense Distribution Depot, Susquehanna, Pennsylvania (DDSP), New Cumberland, PA, AMSCS, prepared by Weston Solutions. This drawing is incorporated and made a part of this article.[1]
[1]
Editor's Note: The drawing entitled Figure 1 is located at the end of this chapter.
The Board of Supervisors finds that there is a high probability of and a significant risk of groundwater contamination in the Westfield Terrace Water District. This contamination and pollution of groundwater is likely, if not certain, to place contaminated water within wells located within the Westfield Terrace Water District. Accordingly, the Board of Supervisors finds, and has determined, that it is in the best interests for the safety and health of the residents of Fairview Township, and for the residents of the Westfield Terrace Water District in particular, to avoid the use of wells, well water and groundwater within the Water District for use and human consumption, or for any purpose whatsoever.
A. 
Mandatory connection to public water. Each and every owner of improved property located in whole or in part within the Westfield Terrace Water District, abutting on or adjoining any street or easement in which a water main providing public water is now laid and is available for the transport of public water, shall connect his property to the public water supply for use and human consumption.
B. 
Use of alternate water sources prohibited. No property owner, tenant, or other person shall use wells, or well water, or any alternate water source using groundwater or surface water within the Westfield Terrace Water District, for any purpose. Property owners shall immediately disconnect any well or other water source utilizing groundwater as their water source within the Westfield Terrace Water District. It shall be unlawful for a property owner or other occupant or other person to install a well or similar water supply system using groundwater as a water source within the Westfield Terrace Water District. Any alternate water system, other than the public water system, shall be removed from service immediately.
A. 
If any owner of any improved property within the Westfield Terrace Water District shall have failed to connect his property to the available water supply, and the Township shall have given such owner 45 days' written notice to connect, and such owner shall have failed to make the connection as required by § 289-6 above, such failure shall be and hereby is declared a violation of this section.
B. 
If any owner of any property within the Westfield Terrace Water District shall have failed to disconnect any alternate water supply source, other than public water, as required by § 289-6 above, and the Township shall have given such owner five days' written notice, and if such owner shall have failed to make the required disconnection with the five days, such failure shall be and hereby is declared a violation of this section.
C. 
Penalties. Any person who is found in violation of any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and/or undergo imprisonment for a term not to exceed 90 days. Each day the violation of this article continues shall constitute a separate offense.
D. 
The Township, in addition to any of the remedies available to it, may take appropriate action at law or equity, civil or criminal, to enforce the provisions of this article, or to enjoin or otherwise restrain or prevent violation of this article, and this article shall in no way restrict any remedies otherwise provided by law.
[Adopted 1-30-2012 by Ord. No. 2012-1 (Ch. 26, Part 2, of the 1991 Code of Ordinances); amended 10-16-2014 by Ord. No. 2014-11]
This Article II shall be known and may be cited as the "2012 Act 537 Plan Water District."
The purpose of this Article II is to create a water district in certain areas of the Township identified in the Fairview Township Act 537 Plan, such water district to be known as the 2012 Act 537 Plan Water District, for the purpose of requiring mandatory connection of property owners to the public water system to provide a safe source of water for use and human consumption, to protect those property owners from possible contamination of groundwater and well water within the water district, to provide for more consistent water pressure to the properties within the water district, to provide more reliable water source for fire protection and to preserve natural groundwater and well water sources.
As used in this article, the following terms shall have the meanings indicated:
HUMAN CONSUMPTION USE
Human consumption, including drinking and cooking as well as other uses of water for ingestion or extended human contact with nonpublic or untreated water, including, but not limited to, bathing, consumption by pets and cleaning the interior of homes.
NON-HUMAN CONSUMPTION USE
Any use of water that is not within the definition of "human consumption use," including, but not limited to washing cars, irrigation, watering farm animals, watering of vegetation, exterior cleaning of home, decks, patios, sidewalks, etc., and any other use of water which is not for ingestion by humans or pets and not for extended human contact with nonpublic or untreated water.
The 2012 Act 537 Plan Water District is hereby created in Fairview Township, York County, Pennsylvania. The boundaries of the 2012 Act 537 Plan are shown on drawings denoted "Figure 1" and "Figure 2," which Figures are attached hereto and incorporated herein by reference.[1]
[1]
Editor's Note: Said figures are on file in the Township offices.
Mandatory connection to a public water system is hereby required of every owner of an improved property within the 2012 Act 537 Plan Water District under either of the following circumstances:
A. 
Unless otherwise provided by law, the principal building on the improved property is located within 150 feet of a public water system or any part or extension thereof; or
B. 
The principal building on the improved property has no supply of water which is safe for human consumption.
A. 
No property owner, tenant, occupant, agent of owner or other person within the 2012 Act 537 Plan Water District shall make use of wells, well water, springs, or other source of water from groundwater or surface water for human consumption use, as defined herein. Upon connection to the public water system as required herein, owners of improved property with the 2012 Act 537 Plan Water District shall immediately disconnect any well or any alternate water source utilizing groundwater or surface water as the water source to such improved property for human consumption use. Thereafter, it shall be unlawful for such a property owner to reconnect, install or otherwise make use of a well or other alternate water supply system to the improved property for human consumption use.
B. 
A property owner, tenant, occupant, agent of owner or other person may maintain a well, spring or other source of groundwater or surface water for non-human consumption use provided that such source of water is disconnected from the improved property and is not, in any way, connected to any system, plumbing or otherwise, intended for human consumption or is, in any way, cross-connected to a public water source.
C. 
In the event of emergency where water is not available from the public water source for human consumption use, a property owner, tenant, occupant, agent of owner or other person may draw water from an alternative water source for human consumption; provided that upon the termination or expiration of such emergency, use of the alternative water source shall be immediately discontinued.
A. 
If any owner of any improved property within the 2012 Act 537 Plan Water District shall have failed to connect his property to the available public water supply, and the Township shall have given such owner 90 days' written notice to connect, and such owner shall have failed to make the connection as required by § 289-13 above, such failure shall be and hereby is declared a violation of this article.
B. 
If any owner of any property within the 2012 Act 537 Plan Water District shall have failed to disconnect any alternate water supply source from the improved property for human consumption use, other than public water, as required by § 289-13 above, and the Township shall have given such owner 30 days' written notice, and if such owner shall have failed to make the required disconnection with the 30 days, such failure shall be and hereby is declared a violation of this article.
C. 
Penalties. Any person who is found in violation of any provision of this Article II shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and/or undergo imprisonment for a term not to exceed 90 days. Each day the violation of this article continues shall constitute a separate offense.
D. 
The Township, in addition to any of the remedies available to it, may take appropriate action at law or equity, civil or criminal, to enforce the provisions of this article, or to enjoin or otherwise restrain or prevent violation of this article, and this article shall in no way restrict any remedies otherwise provided by law.