[Adopted 7-11-1994 by Ord.
No. 65]
This article shall be known and may be cited as the "Adams Township
Water Well Ordinance."
The intention of this article is to insure and protect the quality and
suitability of the domestic water supply, to secure and maintain the minimum
required isolation distances between water supplies and sewage disposal systems
or other sources of contamination and to collect information and data to aid
in the development of a plan to protect and preserve groundwater resources
in Adams Township.
Words used in this article shall have commonly accepted meanings or
the meanings hereinafter indicated unless specifically stated to the contrary:
CODE ENFORCEMENT OFFICER
An authorized representative of the municipality assigned
with the responsibility of enforcing this article.
DOMESTIC
Of or pertaining to a single-family home, household or residence.
MAJOR REPAIR
Any repair which would increase the well's design capacity.
PERSON
An individual, partnership, association, company or corporation,
including officers, employees and agents of a partnership, association company
or corporation.
Upon receipt of any application for a well construction permit, the
municipality, through its duly authorized Code Enforcement Officer, shall,
within 15 days, perform an inspection of the premises upon which the well
is to be constructed. The inspection shall be conducted in accordance with
the provisions of this article and all other applicable requirements of the
commonwealth and municipality requirements. Upon completion of the inspection,
the Code Enforcement Officer shall:
A. Issue a construction 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.
All permits shall be issued on a form provided by the Township, which
shall be executed by the Code Enforcement Officer. Permits shall be prepared
in triplicate, and distribution of copies shall be made as follows:
A. Original copy to be retained by the municipality.
B. First copy to be tendered to the applicant upon written
acknowledgment of receipt thereof upon the original copy.
C. Second copy to be tendered to the applicant for the use
of the well drilling contractor.
Upon the completion of construction or at such other time as the Code
Enforcement Officer may deem appropriate, the applicant shall submit to the
municipality a copy of the Pennsylvania Department of Environmental Protection
water well completion report and/or such forms which replace or supplement
such form. Then the municipality, through its Code Enforcement Officer, shall
perform a final inspection of the well to determine whether there has been
compliance with the permit issued and the required data and information has
been submitted. Upon completion of the said inspection and submission of the
required data and information, the Code Enforcement Officer shall:
A. Issue a final approval for well 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.
All applications for a well permit shall be accompanied by a fee payable
to the municipality in accordance with a schedule of fees established from
time to time by resolution of the governing body of the municipality.
If an applicant has shown that any mandatory provisions of this article
are unreasonable or cause undue hardships as they may apply to the subject
property, the governing board shall schedule a public hearing upon written
request of the applicant and upon payment of the required fee and may, in
its discretion, grant a variance or waiver to such applicant from the mandatory
provisions of this article so that substantial justice may be done and the
public interest secured. The granting of any such variance or waiver shall
not have the effect of nullifying the intent and purpose of this article.
In granting variances, waivers or modifications, the governing body may impose
such conditions as will, in its judgment, substantially secure the objectives
of the standards or requirements so modified. Any such hearing shall be held
in accordance with the provisions of the Local Agency Law.
No responsibility or liability for the construction or use of any well
shall be deemed to be placed upon the municipality or any of its officers,
agents or employees by virtue of the terms of this article or otherwise.