[HISTORY: Adopted by the Board of Commissioners
of the Township of Lower Pottsgrove as indicated in article histories.
Amendments noted where applicable.]
[Adopted 5-23-2002 by Ord. No. 232 (Ch.
26, Part 2, of the 1995 Code)]
As used in this article, the following terms
shall have the meanings indicated unless a different meaning clearly
appears from the context:
A well with a withdrawal of 500 gallons or more per day and
for a well (whether individual or community) in a subdivision or land
development having 10 or more lots or units.
All other well drillings and/or shaft excavations.
All acts necessary to construct wells.
Lower Pottsgrove Township, Montgomery County, Pennsylvania.
Waters of underground streams, channels, artesian basins
and other bodies of water in and under the ground.
Any excavation that is drilled, dug or otherwise constructed
for the location, diversion or acquisition of underground water or
other use of shaft excavations in excess of 120 feet.
Any well contractor, his employee or representative in charge
of drilling a well.
No individual, firm or corporation shall drill
or apply to register a well within Lower Pottsgrove Township without
registering in accordance with this article and conforming with the
rules and regulations promulgated hereunder.
The registration of all wells within Lower Pottsgrove
Township shall be filed in writing on a form to be provided by the
Township and shall specify:
A.
The location of the well.
B.
Depth of well shaft.
C.
The name and address of the well driller.
D.
The estimated volume of water to be drawn daily.
E.
The intended use of water (residential, commercial
or industrial).
F.
The estimated number of persons to be served thereby.
G.
Such other information as the Township may deem necessary
and appropriate to review the application.
In addition to the requirements of § 240-4, the Township may require a geohydrologic report containing pertinent data and analysis to determine the impact of the proposed well or wells upon the underground water supply and the use of wells in surrounding areas affected thereby. In addition, the applicant may be required to indicate the design of the proposed well and the capacity thereof and to present a water quantity and quality analysis with sufficient data to support conclusions set forth therein.
No Class A well shall be constructed unless
the applicant satisfactorily demonstrates that:
B.
The proposed withdrawal, in conjunction with other
existing withdrawals in the Township, will not exceed safe withdrawal
limits as may be determined by state or federal guidelines or as may
be set by the Township from time to time.
C.
The proposed withdrawal shall not significantly impair
or reduce the flow of perennial streams in the Lower Pottsgrove Township
area.
D.
Existing groundwater withdrawals will not be adversely
impacted.
E.
There will be sufficient yield for the use proposed.
All wells shall be of the drilled type, cased
and grout-sealed into the bedrock. Before occupancy, the well driller
shall furnish a water quality analysis issued by a testing laboratory
certified by the Department of Environmental Protection and a satisfactory
certificate indicating that the well produces not less than two gallons
per minute, unless otherwise allowed by the Board of Commissioners
of the Township, and further indicating the depth to water and the
geologic description. In the event a treatment system is necessary,
there will be no occupancy until the treatment system has been installed
and the water quality is satisfactory. All wells and related facilities
shall meet the requirements of Section 16 and any other applicable
sections of the International Plumbing Code of 1995, and subsequent
amendments.[1]
A well driller shall not be considered registered
with the Township until an application is complete and signed and
the following criteria are met:
A.
All registered well drillers present such information
as required by the Township to document appropriate workmen's compensation
and liability insurance consistent with the type of work performed
and with applicable state and local ordinances.
B.
No person, firm or corporation shall engage in the
practice of well drilling unless technically qualified to perform
such activities in a competent manner. Such technical qualifications
shall be evidenced by the submittal of the following information to
the Township, except as modified or excepted by other ordinances of
the Township.
(1)
A statement describing the training courses completed.
(2)
A statement adequately describing the work experience
of the person, firm or corporation.
(3)
A statement describing any licenses or registrations
received from other municipal governments.
(4)
The Township may require a signed affidavit certifying
the accuracy of the above statements.
C.
All well drillers shall attest that they will comply
with the appropriate state and federal statutes and regulations as
well as the provisions of this article.
A.
No permit shall be issued for the construction of
a well to serve a new land use with the principal structure within
150 feet of an existing public water line. The Board of Commissioners
may, at its discretion, waive this requirement by a motion of the
Board should the applicant request such a waiver due to hardship.
The Board may request specific documentation as to why the waiver
shall be granted and may request that the Township Engineer or such
other expert consultants review and make recommendation in regards
to construction, hydrogeologic and other factors.
B.
Applicants for a waiver shall submit the request on
a form or forms provided by the Township and will be required to pay
an additional two-hundred-and-fifty-dollar waiver-of-application fee.
This fee may be revised from time to time by resolution of the Board
of Commissioners. The Board may also request an escrow of funds for
engineering- or consulting-related expenses incurred by the Township.
An existing land use with an existing well may
construct a new well on the same site to serve the same use as a replacement
well. However, all replacement wells must be permitted at a fee of
$100, and any land use with a structure within 150 feet of a public
waterline must document in writing that the property owner is aware
that public water service is available and that the property owner
had contacted the public water supplier and had determined that the
construction of a new replacement well was the preferred method of
service. This documentation shall be submitted with the application
for the well permit.
All fees required pursuant to this article shall
be fixed from time to time by resolution of the Board of Commissioners
of Lower Pottsgrove Township. The initial fee for each Class A well
shall be $500 per lot or equivalent dwelling unit and $250 for each
Class B well. A well driller shall pay an annual registration fee
of $30.
Any person or entity violating any provision
of this article shall be liable for a fine or penalty not to exceed
$1,000, which fine or penalty may be collected by suit brought in
the name of the Township before any Magisterial District Judge in
like manner as debts of like amount may be sued for by existing laws.
Each day such violation continues shall constitute a separate offense.
In furthering the purpose and intent of this
article, the Board of Commissioners of Lower Pottsgrove Township may
promulgate rules and regulations by resolution to implement this article.
