[Ord. 2006-8, 10/5/2006, § 1]
This Part shall be known and may be cited as the "Hopewell Township
Well Ordinance."
[Ord. 2006-8, 10/5/2006, § 2]
The intention of this Part is to ensure and protect the quality
and suitability of domestic potable water supply, and to secure and
maintain the minimum required isolation distances between water supplies
and sewage disposal systems or other sources of contamination.
[Ord. 2006-8, 10/5/2006, § 3]
This Part shall apply to all wells or water sources which have
not been completed, or which are not in operation or are in an inoperable
condition, at the time of passage of this Part.
[Ord. 2006-8, 10/5/2006, § 4]
1.
The following standards shall apply for water supplies from drilled
or driven wells:
A.
Location. Drilled and driven wells shall be located at a point free from flooding and at such minimum distances as required by the Pennsylvania Department of Environmental Protection (DEP) from existing or possible future sources of pollution, or as required by the most current version of International Plumbing Code, which was adopted as part of the Hopewell Township Building Code [Chapter 5, Part 1]. In any event, the following minimum distances shall apply:
|
Source of Pollution
|
Minimum Distance
| |
|---|---|---|
|
Septic or holding tanks
|
50 feet
| |
|
Surface/subsurface sewage disposal fields
|
100 feet
| |
|
Sewage seepage pits, cesspools
|
100 feet
| |
|
Privies
|
50 feet
| |
|
Driveways
|
10 feet
| |
|
Principle structure/dwelling
|
20 feet
| |
|
Property lines and right-of-way/easement lines
|
10 feet
|
B.
Construction.
(1)
Source. The source of supply shall be from a water bearing formation
drawn not less than 50 feet from the ground surface.
(2)
Casing.
(a)
The well shall have a water-tight and durable wrought iron,
steel, or other type of approved casing with a nominal thickness of
3/16 (0.1875) inches and six inches and 5/8 inches, outside diameter.
The sections shall be joined together by threaded couplings, joints,
by welding or any other water-tight approved joint or coupling. Plastic
well casing shall be polyvinylchloride (PVC) minimum schedule 40.
(b)
Casing shall be installed 40 feet from the finished grade or
in any case shall be extended 10 feet into bedrock or other impervious
strata. Driven wells shall be provided with a drive shoe or other
effective casing seal.
(c)
An annular space shall be provided between the well casing and
the earth formation of a radius at least 1 1/2 inches greater
than the casing radius, excluding coupling for internal pressure grouting,
or 1 1/2 inches greater than the casing radius, excluding coupling
for external grouting. The annular space shall be completely filled
with impervious cement grout or equivalent sealing material from bottom
of the casing to the ground surface. External grouting shall be accomplished
utilizing a tremie pipe and grout pump to force out any standing water
on the outside of the well casing.
(d)
The top of the well casing shall extend a minimum to 12 inches
above the finished grade of the lot so that contaminated water or
other substances cannot enter the well through the annular opening
at the top of the well casing, wall or pipe sleeve.
(3)
Well Covers. Every potable water well shall be equipped with
an overlapping cover at the top of the well casing or pipe sleeve.
Covers shall extend downward at least two inches over the outside
of the well casing or wall. All well caps shall indicate well driller's
name, depth of well and depth of casing.
(4)
Drainage. All potable water wells or water sources shall be
constructed so that surface drainage will be diverted away from the
well or water source.
C.
Flow Requirements. This Part places no restrictions on the quantity or content of water. The acceptability of water quantity or content is the sole responsibility of the property owner, subject to any state or federal limits or restrictions, and the most current version of International Plumbing Code (IPC), which was adopted as part of the Hopewell Township Building Code [Chapter 5, Part 1].
D.
Well Certification. A report for each well shall be prepared by the
driller and shall be submitted to Hopewell Township's inspection
officer, who shall be the Township's Codes Enforcement Officer,
unless another person is so designated by the Township Board of Supervisors,
for evaluation and approval. The well report shall contain the following
pertinent information:
|
Owner of Property
|
Subdivision & Lot Number Uniform Parcel Identifier Number
| |
|
Date of Completion
|
Depth of Casing
| |
|
Depth of Well
|
Static Water Level
| |
|
Well Driller
|
Yield in Gals/Min.
| |
|
Type & Size of Casing
|
Type & Depth of Grouting
|
E.
Dug Wells and Surface Water Springs. No new hand dug wells or surface
spring be permitted in the Township due to the great danger of pollution
and unreliability of water supply for new parcels of lands being developed.
F.
Abandoned Water Supplies. Abandoned wells shall be completely filled
with cement or equal impervious material.
[Ord. 2006-8, 10/5/2006, § 5]
1.
No construction, drilling, digging, reconstruction, placing in service
a previously drilled well, or other change of or for any well/water
supply for the production of potable water for domestic purposes shall
commence unless the property owner, or his/her authorized agent, shall
apply for and receive a permit for such construction activity from
the Township.
2.
Application for a well permit shall be made upon a form supplied
by the Township and shall be submitted to the Township Secretary or
inspection officer for review and approval.
3.
The application shall set forth the following:
4.
Prior to issuance of a well permit, the applicant must secure a sewage
permit showing the locations of all on-site systems and alternate
systems.
[Ord. 2006-8, 10/5/2006, § 6]
1.
Upon receipt of an application for a well permit, the Township, through
its duly authorized inspection officer, shall within seven days perform
an inspection of the premises on which the well is to be constructed.
The inspection shall be conducted in accordance with the provisions
of this Part.
2.
Upon completion of the inspection, the inspection officer shall either:
[Ord. 2006-8, 10/5/2006, § 7]
Upon completion of construction of the well, or at such other time as the Township inspection officer may deem appropriate, but in any event prior to the issuance of a building or construction permit pursuant to the Hopewell Township Building Code [Chapter 5, Part 1], the inspection officer shall perform a final inspection of the well/water supply to determine whether there has been compliance with the permit issued, and all relevant requirements of the IPC have been met. Upon completion of the inspection, the Inspecting Officer shall (A) issue an "approval of operation" upon the original permit, or (B) deny such approval due to non-compliance with the permit issued, in which event, written reasons for such denial shall be noted on the original permit.
[Ord. 2006-8, 10/5/2006, § 8]
All applications for a well permit shall be accompanied by a
fee established by resolution payable to the Township in accordance
with a schedule of fees established/revised from time to time by resolution.
[Ord. 2006-8, 10/5/2006, § 9]
All permits shall be in effect as of the date of issuance, and
shall remain in effect for a period of one year. In the event that
water supply construction under the permit has not been completed
at the expiration of one year from the date of issuance, the permit
shall expire and the validity of the permit shall cease and terminate.
[Ord. 2006-8, 10/5/2006, § 10]
1.
Upon discovery of a violation, the Township through its appointed
representative, including but not limited to the Codes Enforcement
Officer, Zoning Officer, Sewage Enforcement Officer, Solicitor, Township
Secretary, Township Manager (if any) or any other person so designated
by the Township shall notify in writing the landowner, and if different
and if known to the Township, the occupant of the property, as well
as anyone who has created or assisted in creating the violation, if
known to the Township, of the alleged violation, and shall give the
landowner no less than 10 nor more than 30 days from the date of the
notice to comply with the terms of this Part. No other permits shall
be issued until all violations have ceased and been corrected.
2.
Notwithstanding any other provisions of this section, if the Codes Enforcement Officer in consultation with the Township Engineer determines that a violation of this Part constitutes imminent danger or harm to the general public or a portion of the public, then the designated Township officer can in his or her sole discretion shorten the notice period, and the Township can pursue all legal remedies available to it without such notice to the landowner as provided in Subsection 1.
[Ord. 2006-8, 10/5/2006, § 11; as amended by Ord.
2016-1, 1/4/2016]
1.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and
reasonable attorney fees incurred by the Township in the enforcement
proceeding and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
2.
Notwithstanding any other provision of this section, nothing in this
section or elsewhere in this Part shall prohibit the Township from
pursuing any and all other courses of action legally available to
the Township to remedy the violations of this Part, or to abate any
nuisances created by violation of this Part, or any condition which
in the sole discretion of the Township creates a danger to the health,
safety and welfare of the public or any portion of the public, including
but not limited to civil actions, actions in equity, or injunctive
relief before courts of competent jurisdiction.
[Ord. 2006-8, 10/5/2006, § 12]
No responsibility or liability for the construction of any well/water
supply shall be deemed to be placed upon Hopewell Township, or its
officers, agents or employees by virtue of the terms of this Part
or otherwise.
[Ord. 12/5/1991, § 1]
It is hereby declared that the purpose and intent of this Part
is to promote the general health, welfare and safety of those residents
of Hopewell Township, York County, Pennsylvania who receive water
supplied by Stewartstown Borough, by preventing the waste of such
water as supplied by the Borough.
[Ord. 12/5/1991, § 2]
The Mayor and/or Borough Council of the Borough of Stewartstown
are authorized pursuant to an ordinance duly enacted by the Borough
Council of Stewartstown Borough on February 2, 1987, to declare a
state of water emergency when in the judgment of said Mayor and/or
Borough Council a state of water emergency exists by reason of the
inadequacy of or shortage in supply of water in the water system operated
by the Borough of Stewartstown.
[Ord. 12/5/1991, § 3]
In the event of a declaration of a state of water emergency
by the Mayor and/or Borough Council of the Borough of Stewartstown,
notice of the declaration of such emergency shall be given to the
residents of Hopewell Township utilizing water supplied by Stewartstown
Borough by the publication of such notice at least one time in a newspaper
of general circulation within the Township. For the purpose of enforcement
of the provisions of this Part, proof of publication of such notice
shall constitute proof of notice to the residents of Hopewell Township
utilizing water supplied by Stewartstown Borough. Notice shall be
given to Hopewell Township by Stewartstown Borough mailing to the
Township a copy of the resolution declaring such water emergency.
[Ord. 12/5/1991, § 4]
1.
During the period of a state of water emergency as declared by Stewartstown
Borough, it shall be unlawful for any person, firm corporation or
association in Hopewell Township utilizing water supplied by Stewartstown
Borough to do or cause to be done any of the following acts or conduct,
which acts and conduct are also prohibited in Stewartstown Borough
during periods of water emergency:
[Ord. 12/5/1991, § 5; as amended by Ord. 2016-1,
1/4/2016]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and reasonable attorney fees incurred by the Township in the enforcement
proceeding and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
[Ord. 12/5/1991, § 6]
This Part shall be known as the "Hopewell Township Water Emergency
Ordinance."
