[Adopted 10-28-2013 by Ord. No. 1415-2013]
The City recognizes that the City has public water available
and the City has authority, by means of its Home Rule Charter and
53 P.S. §§ 38501 and 37403(60), to make appropriate
regulations for the safety and welfare of the City and to prohibit
private wells.
Private wells have been determined to be nuisances as the use
of public water promotes the health, safety, morals, general welfare,
cleanliness, beauty, convenience, comfort and safety of the City,
and private wells are determined to be inconsistent with the health,
safety and welfare of the City and its residents.
No private wells shall be permitted within the City of Coatesville
after the effective date of this article.
Any private wells currently existing shall be permitted to continue.
However, if a private well is abandoned or fails, a replacement well
is prohibited.
A property owner who installs a private well in violation of
the terms of this article shall be required to immediately remove
the private well and abandon same and failure to do so shall make
said property owner liable to the City for all expenses incurred by
the City including reasonable attorney's fees in enforcing the terms
of this article.
In all matters herein subject to the law of the Commonwealth
of Pennsylvania or as established by regulations of the Commonwealth
of Pennsylvania or by departments or agencies of the commonwealth
promulgated by authority of law, such law or regulations, or other
ordinance of the City of Coatesville, as the case may be, shall control
where the requirements thereof are the same or exceed the provisions
of this article. The provisions of this article control in all cases
where the state requirements or the requirements of other ordinances
of the City are not as strict as those contained in this article.
If any portion of the article shall be determined to be unconstitutional,
illegal or unenforceable, then the portion and only that portion of
this article, which is deemed to be unconstitutional, illegal or unenforceable,
shall be served from the remainder of this article and all other terms
thereof shall remain in full force and effect.
