[Adopted 9-22-1994 by Ord. No. 1994-11]
Any on-lot water well intended to be constructed on any land within
Washington Township shall comply with all statutes, rules, regulations and
procedures as established by the Pennsylvania Department of Environmental
Resources, as amended from time to time.
In addition to the existing statutes, rules, regulations and procedures of the Pennsylvania Department of Environmental Resources, no on-lot water well shall be located within 50 feet of a property boundary line. This distance may be changed from time to time by resolution of the Board of Supervisors. In the event that a water well cannot comply with the distance requirements set forth in this section, it shall be located at the most advantageous location on the lot as determined by the official of the Township appointed to enforce this Part 2.
Prior to installing, replacing or modifying an on-lot water well on
any land within Washington Township, the owner of said land must first apply
for and receive a water well permit. For purposes of this Part 2, a modification
to a water well means any work to or upon a water well, the cost of which
equals or exceeds $1,000, exclusive of the cost of repair or replacement of
motors, pumps and piping. Application for a water well permit shall be made
upon a form prepared by the Township, which shall contain the following minimum
information:
A.Â
The name(s) of the property owners.
B.Â
The address or location of the property.
C.Â
A plan of the property that sets forth the location of
the proposed water well; all buildings; any other water wells on the subject
property and all adjoining properties; the on-lot sewage disposal system and
any required replacement system on the subject property and all adjoining
properties; the boundary lines; and any streams on the property.
The provisions of this Part 2 shall apply to all persons owning any
property serviced by an on-lot water well and to all persons within Washington
Township who install, modify or replace any on-lot water well located within
Washington Township.
Any person aggrieved by any notice, action or determination may appeal
to the Board of Supervisors of Washington Township within 30 days, in writing,
pursuant to the Act of 1978, April 28, P.L. 202, No. 53, as amended, 2 Pa.C.S.A.
§§ 105 and 551 et seq., known as the "Local Agency Law."
[Amended 7-11-1996 by Ord. No. 1996-4; 6-12-1997
by Ord. No. 1997-3]
Any person who shall violate any provision of this part shall, upon
conviction thereof, be sentenced to pay a fine not exceeding $1,000 and, in
default of payment thereof, to imprisonment for a term not to exceed 30 days.
Each day that a violation of this part continues shall constitute a separate
offense. Enforcement shall be by action brought before a District Justice
in the same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure.
A.Â
Each day of a violation or continuing violation shall
constitute a separate offense.
B.Â
Failure to appeal a notice or determination pursuant
to the Local Agency Law shall constitute an admission of violation and a failure
to utilize administrative remedies.
C.Â
In addition to all other remedies, the Township may institute
lawsuits in law or equity to restrain or prevent violation of this Part 2
or to abate public nuisances.
D.Â
The Township may file municipal liens for abatement of
a nuisance in accordance with the law.
This Part 2 is incorporated by reference into the Act 537 Plan of Washington
Township.
