Dingman Township Ordinance #29

 

THE CODIFICATION AND AMENDMENT OF DINGMAN TOWNSHIP ORDINANCE #29, ENACTED MAY 11, 1977 AND ALL SUBSEQUENT DULY ADOPTED AMENDMENTS THERETO PROVIDING FOR THE REGISTRATION, REGULATION AND CONTROL OF THE WELLS WHICH MAY BE CONSTRUCTED FOR OBTAINING WATER FOR DOMESTIC PURPOSES IN DINGMAN TOWNSHIP, PIKE COUNTY, PENNSYLVANIA.

 

Now, therefore, be IT ORDAINED AND ENACTED by the Board of Supervisors of Dingman Township, Pike County, Pennsylvania, and it is hereby ordained and enacted by the authority of the same lot:

 

Section 1: Short Title

This Ordinance shall be known and may be cited as the “DINGMAN TOWNSHIP WELL ORDINANCE.”

 

Section 2: Purpose

The intention of this Ordinance is to insure and protect the quality and suitability of domestic water supply, and to secure and maintain the minimum required isolation distances between water supplies and sewage disposal systems or other sources of contamination.

 

Section 3: Application

A)                This Ordinance shall apply to all wells which have not been completed, or which are not in operation or in operable condition at the time of passage of the Ordinance.

 

B)                 This Ordinance shall further apply to the reconstruction, major repair and other changes to existing wells, when, in the opinion of the Inspecting Officer, such reconstruction, major repair and other changes may affect the quality and suitability if the water supply on the property upon which the well is constructed or on surrounding properties.

 

C)                For all lots less than one (1) acre in size, all applications shall be accompanied by a survey drawn by a PA registered surveyor and certified to the current owner showing the buildings or proposed buildings, sewage systems or proposed permitted sewage systems for lots within the pertinent isolation distances, and all lot lines for the subject lot.

             1.  For lots one (1) acre or larger, all applications shall be accompanied by a site plan, which need not be drawn by a PA registered surveyor, showing the existing and proposed sewage systems and permitted sewage systems for lots within the pertinent isolation distances, accompanied by a signed affidavit as set forth below.

 Affidavit

          Commonwealth of Pennsylvania

          County of Pike

 

                I, or someone in my employ, has marked the property boundaries    and the location of the amenities/facilities/water wells existing and to be constructed on the subject property and neighboring properties;

               And, neither I nor the person who marked the property's boundaries and facilities/amenities is a Pennsylvania Registered Land Surveyor;

               And, that the markings are accurate to the best of my ability and knowledge, information, and belief;

               And, that a property boundary map showing the existing and proposed facilities/amenities has been prepared based on said markings;

               And, the property boundary map with existing and proposed amenities/facilities/water wells is being submitted by me to induce Dingman Township and the appropriate Dingman Township personnel to issue permits in accordance with the property map submitted by me.

          ____________________                 _____________________

          Signature of Affiant                         Printed Name of Affiant

          Property Location: ____________________________________

          Sworn and Subscribed Before Me This 

          _______ Day of ______ 202____

          Notary Public

 

D)                All applications shall be accompanied by proof that the well driller holds a current license as a well driller in the Commonwealth of Pennsylvania.

 

E)                 Permits under this section will be issued only concurrently with the issuance of a building permit, or, issued for a lot or parcel of land upon which the building(s) to be serviced by the proposed well is completed or is under construction under a valid building permit.

 

F)                 Only one (1) well permit will be issued for any one (1) lot or parcel of land except as may be authorized by the Board of Supervisors for good cause.

 

 

Section 4: Design Standards

All wells shall be constructed at a minimum of one hundred (100) feet from any on-lot sewage disposal absorption area, or from any location for the placement of such a sewage disposal absorption area, on subject premises or on any other premises, for which a permit has been issued prior to the date of the subject well permit application, which sewage permit is current and valid. Applications for exception to the isolation distance requirement shall include, where applicable, an application for exception under this Ordinance and same shall be in writing and shall include, at minimum:

(1)   A survey of the subject premises indicating the well and proposed septic system.

(2)   A ground water report, signed and sealed by a qualified Pennsylvania licensed professional engineer, or qualified Pennsylvania registered professional geologist, which states that the proposed well would not pose a threat of pollution to any proposed well(s) on the subject lot. In addition to the above requirements, the report shall include all information required by section 8 (f) of the Sewage facilities Act and its supporting regulations for the sewage disposal system in which the well is encroaching upon, such an application as well as any other information as may be reasonably necessary for the requested by the Township to evaluate the application.

(3)   Such application fee as may be adopted by the governing body by resolution.

(4)   A deposit, in an amount set by the governing body by resolution, to cover the cost review of the application by the professional consultants of the Township.

 

Section 5: Registration

A)                No construction, drilling, digging, reconstruction, major repair or other change of or for any well for the production of water for domestic purposes shall commence unless the property owner, or his duly authorized agent, shall apply for and receive a permit for such construction activity from the Township of Dingman.

 

B)                 Application for such a well permit shall be made upon a form supplied by the Township, and shall be submitted to the Township Secretary or duly authorized Inspecting Officer of  the Township.

 

C)                The said application shall set forth the name or names of owners of the property, the address or location of the property, a scale or sketch of the premises showing the proposed location of the well, the location or the proposed location of all buildings and septic tanks and drainfields, the boundary lines of the premises upon which the well is proposed to be located, the boundary line of all adjacent premises, and such other information as may be required thereon.

 

Section 6: Inspection

Upon receipt of an application for a well permit, the Township through its duly authorized Inspecting Officer, shall within thirty (30) 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 Ordinance and the provisions of the Township Sewage Ordinance.  Upon completion of the inspection, the Inspecting Officer shall either:

(a)    issue a permit to the applicant indicating the approved location for the well and special instructions for construction, if any; or

(b)   refuse to issue the said permit, and, in such event, shall provide the applicant with written reasons for such refusal.

 

 

Section 7: Permits

All permits shall be issued on a form provided by the Township, which shall be executed by the duly authorized Inspecting Officer.  Permits shall be prepared in triplicate, and distribution of copies shall be made as follows:

(a)    Original copy to be retained by the Township;

(b)   First copy to be tendered to the applicant upon written acknowledgement of receipt thereof upon the original copy.

(c)    Second copy to be tendered to the applicant for the use of a well contractor.

(d)    Third copy shall be returned to the Township stating the following:

(1)    Date well was drilled.

(2)    Depth of well.

(3)    Date Depth of casing.

(4)    Yield (GPM).

(5)    Well driller's signature.

 

Section 8: Construction

All water wells shall be constructed in accordance with all applicable state regulations. In addition, the well shall be constructed so that the casing extends a minimum of 12 inches above the ground surface.

After completion of drilling and prior to the installation of the pump, all water wells shall be covered at all times with a cap that is designed to prohibit insects and other vermin from entering the well.  Immediately after installation of the pump, the well shall be sealed with an appropriate sanitary well cap that is designed to prevent surface contaminants from entering the well and meeting the requirements of standard PAS-97 of the Water Systems Council.

Upon the completion of construction, or at such other time as the Inspecting Officer may be deem appropriate, the Township, through its duly authorized Inspecting Officer, shall perform a final inspection of the well to determine whether there has been compliance with the permit issued.  Upon completion of the said inspection, the Inspecting Officer shall:

(a)    issue an approval of operation upon the original permit; or

(b)   deny such approval due to noncompliance with the permit issued, in which latter event written reasons for such denial shall be noted on the original permit.

Wells constructed at locations other than those set forth on the approved permit, or written amendment thereof, will be considered to be a violation of this Ordinance.

Section 8A: Construction

A.   After completion of drilling, the well shall be sealed with an appropriate sanitary well cap that is designed to prevent surface contaminants from entering the well and meeting the requirements of standard PAS-97 of the Water Systems Council, as amended.  No well shall be permitted at any time to be without a properly installed sanitary cap.

B.   All wells must be connected to the structure or other use for which the well was intended to serve within two years of permit issuance unless an extension has been granted by the Board of Supervisors. Wells found to be in violation of this section shall be considered abandoned and ordered to be permanently sealed at the property owner's expense.

C.   All abandoned wells must be permanently sealed in a manner approved by the Pennsylvania Department of Conservation and Natural Resources or its successor agency.

 

Section 9: Fees

All applications for a well permit shall be accompanied by a fee payable to the Township of Dingman in accordance with a schedule of fees established from time to time by resolution of the Board of Supervisors of the Township of Dingman.

 

Section 10: Effective Date of Permits

All permits shall be in effect as of the date of issuance, and shall remain in effect for a period of one (1) year.  In the event that construction under the permit has not been completed at the expiration of one (1) year from the date of issuance, the permit shall expire and the validity of the permit shall cease and terminate.

 

Section 11: Violations

(a) Any person, corporation, partnership, or firm who fails to obtain a permit for drilling operations on any property pursuant to the terms of this Ordinance, or who otherwise fails to comply with the terms of this Ordinance shall be guilty of a Summary Offense and, shall upon conviction thereof before a District Justice having jurisdiction over same, shall be sentenced to pay a fine of not less than $ 500.00 nor more than $ 1000.00 per violation and, in lieu thereof, shall be sentenced to a term of imprisonment for the maximum period permitted by law for the punishment of summary offenses.  Each day or portion thereof, in which a violation is found to exist and each Section of the Ordinance which is found to be violated shall constitute a separate offense without the necessity of filing separate citations.

(b)    Upon discovery of any violation of this Ordinance, the Township may, at its option, forgo any prosecution hereunder, and may grant to the owner a period of thirty (30) days to comply with the provisions of this Ordinance. Upon failure of the owner to effect such compliance, the Township may initiate prosecution as hereinabove set forth.

(c) Nothing in this Ordinance shall be deemed or construed to limit the ability of the Township to enforce the terms of this Ordinance through an Action in Equity brought in the Court of Common Pleas of Pike County, Pennsylvania, or furthermore, nothing in this Ordinance shall be deemed or construed to limit the ability to immediately initiate any action at law or in equity to enjoin drilling operations available to it under law when, in its discretion, the  conditions of the property constitute an immediate threat to the public health, safety and welfare.

 

Section 12: Severability Clause

The provisions of this Ordinance shall be severable, and if any of its provisions shall be held to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall not affect the validity of any of the remaining provisions of this Ordinance.

 

Section 13: Liability

No responsibility or liability for the construction of any well shall be deemed to be placed upon the Township of Dingman, or its officers, agents, or employees by virtue of the terms of this Ordinance or otherwise.

 

Section14: Repealer

All other Ordinances or Parts of Ordinances inconsistent herewith be and the same are hereby repealed.

 

 

Ordained and Enacted into an Ordinance this   11^th   day of   May    1977.