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ORDINANCE NO. 127


AN ORDINANCE OF THE BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT AMENDING ORDINANCE NO. 76, Section 1, Chapter II,
BY ADDING A NEW ARTICLE 8
PRESCRIBING STANDARDS FOR PRIVATE WATER TANKS



BE IT ORDAINED by the Board of Directors of Brooktrails Township Community Services District as follows:

1. Section 1, Chapter II of Ordinance No. 76, known as the Utilities Code, is hereby revised by the addition of the following Article 8:

ARTICLE 8. PRIVATE WATER TANKS

2-801. Private Water Tanks. Private water tanks for purposes of irrigation and fire suppression may be installed on improved lots within the District provided the tanks have the following characteristics:

(a) Maximum size of 2,500 gallons.

(b) Colors limited to black or green.

(c) Screened and/or otherwise equipped to prevent access by or injury to children and animals and to prevent creation of mosquito breeding grounds .

2-802. Source of Fill Water. Private water tanks may be filled with rainwater only. The District specifically prohibits the use of District water or trucked-in potable water to fill such tanks, and prohibits installation of infill equipment which would make hose filling possible.

2-803. Cross-Connections Prohibited. Private water tanks may not be connected to any other public or private water system on the affected property.

2-804. Fire Connectors. Private water tanks may have optional fire connectors installed, but are not required to have these devices.

2-805. Overflow Drainage. All water tank installations must include a provision for overflow drainage, each to be individually approved by the District Architect.

2-806. Construction Inspections Required. No private water tank may be installed within the District unless the following procedure has been completed:

(a) Applicant will submit a request for site review to the District Architect and pay the applicable inspection fee.

(b) The District Architect will review each site individually and assess such factors as lot size, hillside stability, slope, adjacent structures, and viewshed. Based on these findings, the District Architect will determine whether a tank may be installed on the lot, and if so, will specify tank, foundation and construction requirements and placement on the lot.

(c) The District Architect may deny permission to install a tank should circumstances so warrant. Applicant may appeal this decision in writing to the District Board of Directors within ten (10) days of such denial.

(d) Once plans are approved, the property will be posted in order to inform neighboring lot owners of the proposed installation. Neighboring property owners will have twenty (20) days in which to properly submit written objection to the project. Construction may not begin until after the period of objection has passed and objections, if any, have been addressed.

(e) Should an objection by neighboring property owners be timely received by the District Architect, the District Architect will either amend the construction requirements accordingly or deny permission to construct. Applicant may appeal either decision in writing to the District Board of Directors within ten (10) days of such decision.

(f) When construction is complete, Applicant will request the District Architect to conduct a final inspection, paying any applicable fee. The District Architect will perform such inspections as necessary to certify the tank installation as complete and in conformance with District standards, and no private water tank may be filled until the District Architect has approved the tank installation in writing.

2-807. Annual Inspections Required. All private water tanks installed within the District will be subject to annual inspection by the Water Department, with or without prior notification to the tank owner, for compliance with District standards and for confirmation of structure safety and stability. The tank owner will pay the applicable fee for such inspections, which shall be billed monthly at the then prevailing rate on the tank owner's water/sewer bill. Should such inspection be refused or unreasonably delayed by the tank owner, the District will revoke permission to use the tank upon ten (10) days written notice to the tank owner.

2-808. District Assumes No Liability. The District assumes no liability for loss or damage due to denial of permission to construct a tank or for revocation of permission to operate permit for an installed tank. The District specifically prohibits filling of private water tanks from the District water supply and bears no responsibility for lack of water supply or lack of water pressure for such tanks. The District assumes no liability for any loss, damage or personal injury which may result to any party from any incident connected with the installation and/or operation of any private water tank within the District.


2. This Ordinance shall take effect thirty (30) days from the date of adoption.


Introduced October 12, 2004; reintroduced and adopted this 9th day of November, 2004, at a regular meeting of the Board of Directors of the Brooktrails Township Community Services District by the following vote:


AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None



ATTEST: CHARLES A. ORTH, President


MICHAEL V. CHAPMAN, Secretary


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