[HISTORY: Adopted by the Borough of Hanover as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. I.
Building regulations — See Ch. 150.
Housing standards — See Ch. 230.
Plumbing — See Ch. 263.
Sewers and sewage disposal — See Ch. 286.
Sewer use regulations — See Ch. 290.
ATTACHMENTS
Attachment 1 - Exhibit A Rates Outside Borough
[1]
Editor's Note: Res. No. 1169, adopted 11-22-2016, established the rules and regulations and water extension agreements which are to be a part of the contract with every person who takes water service. A copy of said resolution is on file in the Borough offices.
[Adopted 6-17-1992 by Ord. No. 1907; amended in its entirety 12-11-2002 by Ord. No. 2057]
A. 
This article sets forth uniform guidelines for imposing mandatory restrictions on water use within the service area of the Borough of Hanover/Hanover Municipal Water Works for uniform enforcement of said restrictions throughout the service area.
B. 
The objectives of this article are:
(1) 
To prevent depletion of the raw water supply during dry weather periods through the use of mandatory, enforceable water use restrictions.
(2) 
To provide guidelines to be used as criteria for imposing mandatory water use restrictions.
(3) 
To provide for enforcement of mandatory water use restrictions.
(4) 
To provide penalties for violations of mandatory water use restrictions.
(5) 
To provide the procedure for enacting a local water rationing plan.
A. 
The following words, terms and phrases, when used in this article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words, terms and phrases are as follows:
BOROUGH
The Borough of Hanover, York County, Pennsylvania.
IMPROVED PROPERTY
Any property with a water service hookup.
MANDATORY WATER RESTRICTION
Any use of water from the Borough of Hanover/Hanover Municipal Water Works distribution system which is prohibited under the authority of this article.
MUNICIPALITY
Any county, county authority, municipal authority, city, Borough, township or school district.
NONESSENTIAL WATER USE
Any use of water which when curtailed does not affect the health or safety of the general public.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of an improved property.
PERSON
An individual, partnership, association, company, corporation, municipality, municipal authority, political subdivision or an agency of federal or state government. The term includes the officers, employees and agents of a partnership, association, company, corporation, municipality, municipal authority, political subdivision or an agency of federal or state government.
RAINFALL DEFICIT
The negative difference between the total amount of rainfall received to date in any calendar year and the amount of rainfall normally received by the same date in the same calendar year as measured at the Borough of Hanover/Hanover Municipal Water Works Filtration Plant in inches.
RAW WATER CAPACITY
The total amount of water supply available to the water system from such sources as, but not limited to, Sheppard and Myers Dam, Lawrence Baker Sheppard Dam, wells and water from Slagle Run, Conewago Township.
RAW WATER CAPACITY TREND
The projected graphic presentation of the raw water capacity change based on weekly total capacity readings.
RESERVOIR DROUGHT OPERATION CURVES
A set of curves defining the different drought operation activities through the year. The curves define the different enforcement action throughout the year.
SERVICE AREA
The combined geographical area of all municipalities in which there are customers receiving water supplied by the Borough of Hanover/Hanover Municipal Water Works.
STATE
The Commonwealth of Pennsylvania.
USER
Any person who withdraws potable water from the water distribution system owned and operated by the Borough of Hanover/Hanover Municipal Water Works.
B. 
The word "shall" is mandatory, and the word "may" is permissive.
A. 
If the Borough of Hanover/Hanover Municipal Water Works experiences an impending raw water supply shortage condition, the Borough may request general conservation of water uses and may impose mandatory water use restrictions as deemed necessary to reduce or eliminate nonessential uses of water. Water conservation measures and/or mandatory water use restrictions shall continue in effect until terminated by the Borough Council.
B. 
Basis of decision to impose restrictions.
(1) 
The decision to impose mandatory water use restrictions shall be based on the existence of two of the following conditions:
(a) 
The rainfall deficit in the current calendar year is equal to or greater than six inches; or
(b) 
The amount of rainfall received for two consecutive months is equal to or less than 1/2 the amount normally received.
(c) 
The total raw water capacity gallonage is equal to or less than 65% of the water supply available to the water system or Stage II of the reservoir drought operation curve; or
(d) 
The projected raw water capacity trend line indicates that emergency Stage III will be reached within a time period of four calendar months.
(2) 
The existence of Subsection B(1)(a) or (b) in conjunction with Subsection B(1)(c) or (d) may constitute adequate reason to impose mandatory water use restrictions.
A. 
The Borough of Hanover Council shall be authorized to declare an imminent shortage situation and impose mandatory water use restrictions in the service area.
B. 
The following water uses are declared nonessential, and any one or more of such nonessential uses may be prohibited within the service area:
(1) 
The use of hoses, sprinklers or other means for sprinkling or watering of shrubbery, trees, lawns, grass, plants, vines, gardens, vegetables, flowers or any other vegetation.
(2) 
The use of water for watering golf courses; fairways in the initial phase; tees and greens when Council deems necessary.
(3) 
The use of water for washing automobiles, trucks, trailers, trailer houses or any other type of mobile equipment at a residential property.
(4) 
The washing of streets, driveways, parking lots, service station aprons, office buildings, exteriors of homes, sidewalks, apartments or other outdoor surfaces.
(5) 
The operation of any ornamental fountain or other structures making a similar use of water.
(6) 
The use of water for filling swimming or wading pools.
(7) 
The operation of any water-cooled comfort air conditioning, which does not have water-conserving equipment; air-cooled/water-cooled ice machines.
(8) 
The use of water from fire hydrants for construction purposes, Fire Department drills or testing fire apparatus, except as deemed necessary and approved in the interest of public health or safety by the municipal health officials.
(9) 
The use of water to flush sewer lines or sewer manholes.
(10) 
The use of water for commercial farms or nurseries other than a bare minimum to preserve plants, crops or livestock.
(11) 
The serving of water in restaurants, clubs or eating establishments unless specifically requested by the individual customer.
C. 
If the state has implemented water restrictions, they will apply if the water restriction is not covered above (Subsection B) or the state restriction is more stringent. In no case will the restrictions be less stringent than in Subsection B.
A. 
All officials of the Borough of Hanover and Hanover Municipal Water Works Department employees shall be charged with distributing information to the general public and reporting observed violations. The Borough of Hanover Police Department shall be charged with enforcement of mandatory water use restrictions in effect within the Borough of Hanover corporate limits.
B. 
All non-law-enforcement personnel shall report any observed violation of any mandatory water use restriction to the Borough of Hanover Police Department. An officer of the Police Department shall be responsible for issuance of any applicable citations to the violator.
A. 
First-time violators shall be issued a warning citation by the applicable law enforcement agency.
B. 
A second violation shall be punished according to Chapter 1, Article I, General Penalty, of the Hanover Borough Code.
C. 
A third violation shall result in termination of water service for a period not to exceed 48 hours.
A. 
If compliance with the prohibition of nonessential use of water would result in extraordinary hardship upon a water user, the water user may apply for an exemption or variance, which would expire with the termination of the mandatory water use restrictions, unless otherwise specified in the exemption or variance. For purposes of this section, "extraordinary hardship" means a permanent damage to property or other personal or economic loss which is substantially more severe than the sacrifices borne by other water users subject to the prohibition of nonessential use of water.
B. 
A water user believing he suffers an extraordinary hardship and desiring to be wholly or partially exempt from the restrictions on the nonessential use of water shall submit a written request with full documentation supporting the need for the requested relief to the public water supplier responsible for adopting and implementing this plan. The application shall contain information specifying:
(1) 
The nature of the hardship claimed and reason for the requested exemption or variance.
(2) 
The efforts taken by the applicant to conserve water and extent to which water use may be reduced by the applicant without extraordinary hardship.
C. 
The public water supplier or a designee will review the application and may request the applicant to provide within a reasonable time additional information as necessary to review the application. A written decision will be provided within seven working days when possible, or if perishable products are involved, within one working day of submission of an application; or a request will be made for additional information as necessary to review an application. The evaluation will consider impacts on public health and safety, food and fiber production and preservation, pharmaceutical processes, electric generation, maintenance of employment, measures already taken by the user to conserve and store water and the ability to further implement conservation measures. An exemption or variance will be granted only to the extent necessary to relieve extraordinary hardship.
D. 
Any person aggrieved by a decision relating to such an exemption or variance rendered by a public water supplier or designee may file, within 30 days of the decision, a complaint with the Public Utility Commission, if the supplier is regulated by the Public Utility Commission, and in all other instances with the Court of Common Pleas in the county where the water service is provided, in accordance with 2 Pa.C.S.A. §§ 551 through 555 and 751 through 754 (relating to the Local Agency Law).
E. 
An appeal from an initial decision of the public water supplier or designee will not act as a supersedes, stay or injunction of that decision.
F. 
An exemption or variance may be modified or rescinded by the public water supplier if public health, safety and welfare require further reduction in water use.
G. 
An exemption or variance granted to a water user for a specific property, purpose or person is not transferable to another property, purpose or water user without prior written approval from the public water supplier.
The headings in this article are solely for convenience and shall not affect in the legal interpretation of any provision hereof.
A. 
The Emergency Management Services Code (35 Pa.C.S.A. § 7101 et seq.) does not allow the Borough of Hanover/Hanover Municipal Water Works to take actions, such as water rationing, to deal with natural resource shortages on their own. The Code provides for the governor to declare such an emergency.
B. 
Water rationing is a severe action dictated at the local level due to seriously depleted water supplies that threaten public health and safety and the general welfare of the impacted community.
C. 
A stand-alone local water rationing plan for the service area of the Borough of Hanover/Hanover Municipal Water Works has been prepared as a separate document.
D. 
If the Governor has the service area of the Borough of Hanover/Hanover Municipal Water Works under a proclamation, a written request will be made to the Commonwealth Drought Coordinator to consider and approve implementing the rationing plan.
E. 
If a Governor's proclamation does not cover the service area of the Borough of Hanover/Hanover Municipal Water Works, the following procedure will be followed:
(1) 
A request will be made to the Commonwealth Drought Coordinator who will determine whether or not the request, together with other available information, establishes the existence of a water shortage emergency that will require the Governor to issue a proclamation declaring a state of local drought or water shortage emergency for the affected area, and will make a recommendation to PEMA.
(2) 
If PEMA concurs in the existence of a local water shortage emergency, PEMA will submit to the Governor a proposed proclamation to declare a state of local drought or water shortage emergency for the affected area described in the proclamation.
(3) 
After the Governor signs the proclamation, PEMA will notify the Commonwealth Drought Coordinator that the plan may be approved and put into effect.
This article shall become effective the 11th day of December 2002. The Borough reserves the right to make changes from time to time as, in its opinion, may be desirable or beneficial and to amend this article in such manner and at such times, as in its opinion, may be desirable.
[Adopted 4-30-1993 by Ord. No. 1935]
[Amended 12-7-1994 by Ord. No. 1971; 3-24-2010 by Ord. No. 2159; 12-22-2010 by Ord. No. 2172; 12-26-2012 by Ord. No. 2195; 3-25-2015 by Ord. No. 2215; 3-28-2022 by Ord. No. 2320]
Beginning March 28, 2022, the water rates for sales of water and consumption charges outside the municipal boundaries of the Borough of Hanover shall be increased as set forth in Supplement No. 34 to Water-Pa. - P.U.C. No. 3, attached hereto as Exhibit A[1] and incorporated herein in its entirety.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
[Amended 12-7-1994 by Ord. No. 1971; 1-18-1995 by Ord. No. 1972; 2-26-2003 by Ord. No. 2066; 12-22-2004 by Ord. No. 2087; 3-24-2010 by Ord. No. 2158; 12-28-2011 by Ord. No. 2179; 12-26-2012 by Ord. No. 2194; 3-25-2015 by Ord. No. 2214]
A. 
Base rates and consumption charges.
(1) 
From and after the first billing period of 2013, the quarter annual base rates for connections to the municipal water system of the Borough of Hanover for those properties/customers located within the municipal boundaries of the Borough shall be as follows:
Size of Meter
(inches)
Charge per Quarter
5/8
$26.55
3/4
$36.72
1
$57.09
1 1/2
$108.12
2
$169.14
3
$362.64
4
$617.25
6
$1,279.26
8
$1,839.45
(2) 
Effective April 9, 2015, the charge for the consumption of water from the municipal water system of the Borough of Hanover for those properties/customers located within the municipal boundaries of the Borough shall be as follows: $3.16 per 1,000 gallons of water used, which charge shall be added to the applicable base charge set forth in Subsection A(1) above.
[Amended 12-26-2012 by Ord. No. 2194]
(3) 
Temporary disconnections. For services that are temporarily disconnected, the base charge will apply for the period of disconnection up to one year after disconnecting.
(a) 
If the customer request for restoration of service requires the Water Works to incur overtime or holiday costs, the Water Works reserves the right to bill the customer for additional costs incurred. In addition, in instances where it becomes necessary to remove and reinstall a meter, the minimum charge will be $60.
(b) 
There shall be a minimum service charge of $35 for connecting or disconnecting a meter where service is furnished on a temporary basis. In instances where it becomes necessary to remove and reinstall a meter, the minimum charge will be $60.
B. 
Effective April 9, 2015, the quarterly fire service rates within Hanover Borough shall be as follows:
Type of Service
Charge per Quarter
Fire sprinkler service and fire hose connections:
4-inch connection to the street main
$35.61
6-inch connection to the street main
$103.44
8-inch connection to the street main
$221.97
10-inch connection to the street main
$396.45
12-inch connection to the street main
$534.39
Private hydrants:
Standard fire hydrant
$103.44
[Amended 12-7-1994 by Ord. No. 1971]
All PUC regulations affecting the water rate approved by the Pennsylvania PUC by its order of December 1, 1994, are hereby approved.
[Added 12-7-1994 by Ord. No. 1971]
Every owner of a developed property shall be responsible for paying the water and sewer service fees for each unit under his control. The amount of such shall be as determined by Hanover Borough from time to time by ordinance.