[HISTORY: Adopted by the Board of Commissioners of Penn Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-19-2006 by Ord. No. 644]
The purpose of this article is to set forth regulations for imposing mandatory water use restrictions to prevent depletion of the raw water supply during dry weather periods. This article repeals ordinance No. 531 in its entirety but shall not repeal or modify the previously enacted State of Civil Emergency Ordinance No. 444
It is further the intent to provide for the enforcement of and penalties for the violation of mandatory water use restrictions.
See Chapter 142, Ordinance of Definition.
In the event that the Borough notifies the Township, in writing, that the Borough is experiencing an impending raw water supply shortage condition or has been issued a local water rationing plan by the state, the Township may request general conservation of water uses. In addition, the Township may impose mandatory water use restrictions or water rationing as deemed necessary to reduce or eliminate nonessential uses of water. Water conservation measures, mandatory water use restrictions, and/or water rationing shall continue in effect until terminated by the Township.
The decision to impose mandatory water use restrictions shall be based on the following conditions as determined by the Borough:
The rainfall deficit in the current calendar year is equal to or greater than six inches, or if the amount of rainfall received for two consecutive months is equal to or less than 1/2 the amount normally received; and
The total stored raw water capacity gallonage is equal to or less than 65% of the maximum storage capacity and/or the projected raw water capacity trend line indicates that Emergency Stage III will be reached within a time period of four calendar months.
The Penn Township Board of Commissioners shall be authorized to impose mandatory water use restrictions on all users within the service area. The following water uses are declared nonessential, and any one or more such nonessential uses may be prohibited within the service area:
The use of hoses, sprinklers, or other means for watering of shrubbery, trees, lawns, grass, plants, vines, gardens, vegetables, flowers or any other vegetation.
The use of water for watering golf courses, with the exception of fairways in the initial phase and tees and greens as determined necessary by the Township.
The use of water for washing automobiles, trucks, trailers, trailer houses, or any other type of mobile equipment, with the exception of businesses engaged in these activities.
The washing of streets, driveways, parking lots, service station aprons, office buildings, exteriors of homes, sidewalks, apartments, or other outdoor surfaces.
The operation of any ornamental fountain or other structures making a similar use of water.
The use of water for filling swimming or wading pools with the exception of businesses engaged in these activities.
The operation of any water-cooled comfort air conditioning which does not have any water-conserving equipment; air cooled/water cooled ice machines with the exception of businesses engaged in these activities.
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 Township Manager.
The use of water to flush sewer lines or sewer manholes.
The use of water for commercial farms or nurseries other than a bare minimum to preserve plants, crops, or livestock.
The serving of water in restaurants, clubs, or eating establishments unless specifically requested by the individual customer.
An officer of the Township Police Department shall be responsible for issuance of any applicable citations to the violator of the restrictions within the service area.
Any user within the service area who feels that the mandatory water use restrictions in effect impose an undue hardship upon their person or business may appeal to the Township Manger for relief. Such appeal shall be in writing and shall clearly state all pertinent facts concerning the perceived hardship. A hearing on the appeal shall be scheduled for the next regular meeting of the Board of Commissioners, to be held no sooner than five days after the appeal has been filed with the Township. Notice shall be sent to the appellant at the address listed on the letter of appeal. The decision and order of the Board of Commissioners on such appeal shall be final and conclusive.
Any person who shall violate any provision of this article shall be issued a warning citation by the Police Department for an initial violation.
Each continuing day of violation of this article shall constitute a separate offense.