[Ord. 530, 11/14/2007, § 1]
As used in this part, the following terms shall have the meanings
indicated:
Any bomb threats, chemical, commercial or industrial accidents,
fire alarms, explosions, contamination, power failure, natural resource
shortage, man-made disaster, natural disaster, industrial accident,
fire or explosion that occurs within the Township.
The preparation for and the carrying out of functions, other
than functions for which military forces are primarily responsible,
to prevent, minimize and provide emergency repair of injury and damage
resulting from disasters, together with all other activities necessary
or incidental to the preparation and carrying out of those functions,
including, but not limited to, firefighting services, police services,
any other services provided by any emergency agency that may service
the Township such as rescue squads or other emergency management services,
disaster warning services, evacuation of persons from affected areas,
emergency housing services, emergency transportation, temporary restoration
of public utility services, cleaning and abatement of hazardous or
other dangerous materials, costs for services by the Township Solicitor
or the Township Engineer and any such other services provided by or
on behalf of the Township during such disasters.
An industrial accident is any incident, fire or explosion
that occurs from the storage, transportation, use or manufacturing
of any substance potentially dangerous and/or hazardous to the public
health and welfare at large that necessitates the Township to provide
emergency services, including the cleaning and abatement of such dangerous
and/or hazardous materials.
Any chemical, industrial, commercial or transportation accident,
incident, fire, explosions, contamination, power failure, natural
resource shortage or other condition which threatens or causes substantial
property damage, human suffering and hardship or loss of life.
Any hurricane, tornado, flood, storm, high water, wind-driven
water, earthquake, mud slide, land slide, snowstorm, fire, explosion
or other catastrophe which results in substantial damage to property,
hardship, suffering or possible loss of life.
An individual, corporation, firm, association, public utility,
estate, public or private institution, or group and any legal successor,
representative or agency of the foregoing.
County bridges, state highways, Township streets, county
roads, any navigable waterway or any other roadway or watercourse
owned either by a person or governmental unit.
The Township of Lower Southampton, Bucks County, Pennsylvania.
[Ord. 530, 11/14/2007, § II]
1.Â
Any person on whose premises a disaster occurs as defined herein
shall bear all costs incurred by the Township as a direct and the
consequential result of such disaster. In the event an industrial
accident occurs during transportation on a public thoroughfare or
in delivery to a person as defined above, the entity which owns or
had custody or control of the vehicle or substance involved in the
industrial accident shall bear all costs incurred by the Township
that occur as a direct or consequential result of such accident. Nothing
as contained in this section shall preclude any person or entity from
recovering any incurred or subsequent costs from a third party or
entity whose negligence may have caused the disaster.
2.Â
In the event that any person undertakes, either voluntarily or upon
order of the Township, to cleanup or abate the effects of any disaster,
the Township may take such action necessary to supervise or verify
the accuracy of the clean up or abatement. The person as described
in subsection .1 above shall be responsible to pay to the Township
for all direct and consequential costs incurred by the Township of
such supervision or verification.
3.Â
Costs incurred by the Township for services rendered as a result
of a disaster shall include, but are not limited to, costs and expenses
incurred by police, fire and emergency medical services, actual labor
costs of Township personnel, including benefits and administrative
costs, costs of consultants or others preparing reports or inspections
concerning the disaster, costs of any contractual labor and materials
for cleanup and abatement, costs of the Township Solicitor or Township
Engineer for services as a result of a disaster, and such other costs
that the Township may incur for services provided as a result of a
disaster.
4.Â
The costs for services rendered by the Township as a result of a
disaster shall be determined by the Township's Emergency Management
Coordinator or his designee and shall be in accordance with a schedule
of costs established by resolution of the Board of Supervisors. In
calculating the costs for services hereunder, the Emergency Management
Coordinator shall itemize and detail all charges incurred by the Township
and any other emergency service provider which responded to such disaster.
5.Â
All costs for services rendered by the Township as a result of a
disaster shall be paid by the person on whose premises such disaster
occurred, or as otherwise set forth in Subsection 1 of this section,
and shall be paid directly to the Township within 60 days from the
date which the Township issues an invoice for such costs.
6.Â
Upon receipt of the costs, the Township shall distribute the funds
received by first paying for any contractual labor and materials obtained
by the Township and then distributing the remaining funds among the
Township emergency service providers, such as the police, fire companies,
rescue squads and other Township emergency service providers in the
same proportion as services were provided. In the event of a dispute
regarding the allocation of funds received, any such disputes shall
be submitted to the Board of Supervisors for final determination.
7.Â
The Township Solicitor shall be empowered to commence such legal
action as may be necessary and appropriate to compel the collection
of any and all costs incurred by the Township and invoiced to a property
owner and which same costs shall remain unpaid in full for a period
of 90 days from the date of issuance of any invoice by the Township
for such costs.
