Township of East Manchester, PA
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Manchester as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 75.
Sewers and sewage disposal — See Ch. 179.
Subdivision and land development — See Ch. 208.
Trailers — See Ch. 219.
Zoning — See Ch. 255.
Attachment 1 - Exhibit A
[Adopted 9-14-2004 by Ord. No. 2004-7]

§ 238-1 Title.

This article shall be known and may be cited as the "East Manchester Township Well Ordinance."

§ 238-2 Purpose.

The intention of this article is to ensure 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.

§ 238-3 Applicability.

A. 
This article 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 article.
B. 
This article shall further apply to the reconstruction, major repair and other changes to existing wells or water sources when, in the opinion of the inspecting officer, such reconstruction, major repair and other changes may affect the quality and suitability of the water supply on the property upon which the well is constructed or on surrounding properties.

§ 238-4 Design standards.

The following standards shall apply for water supplies:
A. 
Drilled and driven wells: location. Drilled and driven wells shall be located at a point free from flooding and at the following minimum distances to existing or possible future sources of pollution:
Source of Pollution
Minimum Distance
(feet)
Storm drains, stormwater pits
25
Drains carrying domestic sewage or industrial wastes
50
Septic or holding tanks
50
Surface/subsurface sewage disposal fields
100
Sewage seepage pits, cesspools
100
Privies
50
Fuel tanks
As approved
Other (ditches, streams, barnyards, etc.)
As approved
Additional location restrictions
Driveways
10
Principal structure/dwelling
20
Property lines and right-of-way/easement lines
10
B. 
Construction.
(1) 
Source. The source of supply shall be from a water bearing formation drawn not less than 100 feet from the ground surface, with at least 20 feet of properly grounded well casing, and from no formation which is subject to pollution.
(2) 
Casing.
(a) 
The well shall have a watertight and durable wrought iron, steel, or other type of approved casing with a nominal thickness of 3/16 (.1875) inch and 6 5/8 inches outside diameter. The sections shall be joined together by threaded couplings, joints, by welding or any other watertight approved joint or coupling. Plastic well casing shall be polyvinylchloride (PVC) minimum schedule 40.
(b) 
Casing shall be installed 20 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. The casing shall be sealed effectively against entrance of water from water-bearing formations which are subject to pollution, through which the casing may pass. If casings of smaller diameter are used in the lower portions of the well, effective watertight seals shall be provided between the casings where they telescope. In such instances, sections of casings shall telescope for a minimum distance of four feet. The top of the well casing shall extend a minimum of eight inches 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.
(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 domestic use 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. Where pump sections of discharge pipes enter or leave a well through the side of the casing, the circle of contact shall be watertight. The use of plastic/nylon adapters for this purpose is not acceptable. A brass pitless adapter with brass connectors or equivalent are required. Any restoration/repair of wells with casing terminating below grade shall be raised above grade to eight inches to 12 inches minimum. Electrical wiring for well pumps shall be encased in conduit from the bottom of the water supply line trench to the well cap.
(4) 
Drainage. All domestic use water wells or water sources shall be constructed so that surface drainage will be diverted away from the well or water source.
C. 
Pumping equipment. All pumps installed in wells drilled to a depth greater than 300 feet, but not exceeding 450 feet, shall be installed with two-hundred-pound-per-square-inch plastic pipe. Well depths exceeding 450 feet shall have pumps installed with Schedule 80 PVC threaded pump or galvanized steel pipe to support the increased pumping pressure required for deeper wells. The minimum acceptable pressure rating on plastic pipe is 160 pounds per square inch, regardless of water supply depth.
D. 
Pump enclosure. Any pump room or any enclosure around a well pump shall be drained and protected from freezing by heating or other approved means. Where pumps are installed in basements, they shall be mounted on a block or shelf not less than 18 inches above the basement floor. Well pits shall be prohibited.
E. 
Flow requirements. The well shall have a minimum water supply flow of at least three gallons per minute. This article makes no references to the quality or content of water. The acceptability of water quality or content is the sole responsibility of the property owner, subject to any state or federal limits or restrictions.
F. 
Well certification. A report for each well shall be prepared by the driller and shall be submitted to East Manchester Township for evaluation and approval. The well report shall contain the following pertinent information:
(1) 
Owner of property.
(2) 
Subdivision and lot number uniform parcel identifier number.
(3) 
Date of completion.
(4) 
Depth of casing.
(5) 
Depth of well.
(6) 
Static water level.
(7) 
Well driller.
(8) 
Yield in gals/min.
(9) 
Type and size of casing.
(10) 
Type and depth of grouting.
G. 
Dug wells. No new hand dug wells will be permitted in the Township due to the great danger of pollution and unreliability of water supply for new parcels of lands being developed.
H. 
Abandoned water supplies. Wells, springs, cisterns and water-storage tanks which are no longer in use shall be abandoned (decommissioned) in accordance with guidelines established from time to time by the Pennsylvania Department of Conservation and Natural Resources (DCNR), or its successor agency. Abandoned or decommissioned wells and springs shall not be used for the disposal or storage of liquid, gaseous, and/or solid wastes. A copy of the notice of intent to abandon filed with DCNR must also be filed with the Township at least 10 days before the well is to be sealed or filled. Within 30 days of completion of sealing or filling an abandoned well, a copy of the well abandonment form filed with the Pennsylvania Geological Survey must also be submitted to the Township for evaluation and approval.
I. 
Springs. This subsection of the specifications is to be used for reconstruction of existing springs only. Before rehabilitation shall begin on an existing spring, a report shall be made to determine the advisability of said reconstruction, which shall include, as a minimum, quality and quantity of water. Springs for new construction are not considered an adequate water supply and will not be considered as valid for the issuance of a building permit. Reconstructed springs shall be completely enclosed by walls and a cover of reinforced concrete or equally durable watertight material. This cover shall have a firm foundation so as to effectively prevent settling. The uphill wall shall be so constructed as to prevent entrance of surface water. Where manhole covers are used, the manhole shall be at least 24 inches in diameter. It shall extend at least three inches above the surrounding ground surface and be covered by an impervious durable cover of concrete, steel or equivalent material which overlaps the manhole vertically by at least two inches. The manhole cover shall be effectively secured to the manhole by bolting, locking or equivalent means and shall be kept so secured.
J. 
Water service. A minimum diameter of a water service pipe shall be installed 12 inches above sewer drains. See Section P-1502.2 in BOCA Plumbing Code, or the then-current standard required by the East Manchester Township Construction Code or the Uniform Construction Code, or similar statutes, for specific requirements.[1]
[1]
Editor's Note: See Ch. 75, Construction Codes, Uniform.

§ 238-5 Well permits.

A. 
No construction, drilling, digging, reconstruction, major repair, placing in service a previously drilled well, or other change of or for any well/water supply for the production of water for domestic purposes shall commence unless the property owner, or his/her duly authorized agent, shall apply for and receive a permit for such construction activity from the Township.
B. 
Application for a well permit shall be made upon a form supplied by the Township and shall be submitted to the Township Manager or inspection officer for review and approval.
C. 
The application shall set forth the following:
(1) 
Name(s) of property owners.
(2) 
Address or location of property.
(3) 
Scale/sketch of premises showing proposed location of well, buildings, septic tanks, drain fields, existing or proposed stormwater pits, and boundary lines.
(4) 
Name, address, telephone number, and license number of well driller.
D. 
All permits shall be issued on a form provided by the Township, which shall be executed by the duly authorized inspection officer. All permits shall be issued to the property owners or their duly authorized representative/well driller.

§ 238-6 Sewage permits; inspection.

A. 
Prior to issuance of a well permit a sewage permit must be secured by the applicant. Alternatively, if the well is placed on the property prior to substantial completion of all improvements, including structures, driveways and septic systems, including drain fields, then any permits subsequently issued for such improvements shall require those improvements to meet the minimum distances from the well as set forth in § 238-4 of this article.
B. 
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 article.
C. 
Upon completion of the inspection, the inspecting officer shall either:
(1) 
Issue a permit to the applicant indicating the approved location for the well and special instructions for construction, if any; or
(2) 
Refuse to issue the permit, and, in such event, shall provide the applicant with written reasons for such refusal.

§ 238-7 Water supply inspection.

Upon completion of construction, or at such other time as the Township inspecting officer may deem appropriate, the inspecting officer shall perform a final inspection of the well/water supply to determine whether there has been compliance with the permit issued. 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 noncompliance with the permit issued, in which event, written reasons for such denial shall be noted on the original permit. (NOTE: An application for a building permit will not be accepted, nor will a building permit be issued in the absence of an approval of operation issued under the terms and conditions of this article.)

§ 238-8 Fees.

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 or revised from time to time by the Board of Supervisors by resolution.[1]
[1]
Editor's Note: The fee schedule is available in the Township offices.

§ 238-9 Effective date of permit.

A. 
All permits shall be in effect as of the date of issuance, and shall remain in effect for a period of six months. In the event that water supply construction under the permit has not been completed by the expiration of six months from the date of issuance, the permit shall expire and the validity of the permit shall cease and terminate.
B. 
A request for an extension to a permit must be submitted to the Township, in writing, at least 10 days before the expiration date of the permit. Extensions are limited to 30 days. Subsequent requests must be accompanied by an application for a new permit with appropriate fee.
C. 
In the event a permit expires and construction has not begun, an application for a new permit must be submitted with appropriate fee.
D. 
Expiration of a permit during construction will result in the landowner being prosecuted in accordance with § 238-11 of this article.

§ 238-10 Notice.

A. 
Upon discovery of a violation, the Township through its appointed representative, including but not limited to the Codes Enforcement Officer, Zoning Officer, Building Code Official, 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 days nor more than 30 days from the date of the notice to comply with the terms of this article.
B. 
Notwithstanding any other provisions of this section, if the Codes Enforcement Officer in consultation with the Township Engineer determines that a violation of this article 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 notice to the landowner as provided in Subsection A.

§ 238-11 Violations and penalties.

A. 
Any person who violates any provisions of this article shall commit a criminal offense and shall, upon being found guilty by a Magisterial District Judge, after hearing, pay a fine not to exceed $1,000, together with all court costs as permitted by law. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days.
[Amended 7-13-2010 by Ord. No. 2010-3]
B. 
Notwithstanding any other provisions of this section, nothing in this section or elsewhere in this article shall prohibit the Township from pursuing any and all other courses of action legally available to the Township to remedy the violations of this article, or to abate any nuisances created by violation of this article, 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.
C. 
For purposes of this article, each day of a violation shall be considered a separate violation of this article.

§ 238-12 Liability.

No responsibility or liability for the construction of any well/water supply shall be deemed to be placed upon East Manchester Township or its officers, agents, or employees by virtue of the terms of this article or otherwise.
[Adopted 8-11-2015 by Ord. No. 2015-4]

§ 238-13 Title.

This article shall be known and may be cited as the "East Manchester Township, Mundis Race Road Water District Ordinance."

§ 238-14 Establishment of water district.

There is hereby created and established a water district to be known as the "Mundis Race Road Water District," encompassing an area bounded on the east by Dellinger Road, on the north by Dellinger Farm Court and extending westwards from the end of Dellinger Farm Court generally westwards along parcel boundaries and field lines to the boundary line with Manchester Township, on the west by the boundary line with Manchester Township and on the south by the boundary line with Springettsbury Township (Codorus Creek), all as shown and more particularly defined and described on a certain map of said district which is included as Exhibit A,[1] and incorporated herein by reference.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.

§ 238-15 Connections to water system.

A. 
All persons owning any building now erected within the Mundis Race Road Water District occupied or intended for human and/or animal habitation and accessible to the public water system and all persons hereafter erecting any new building within said district intended for human and/or animal habitation and accessible to the public water system shall, at their own expense, make connection of such buildings to the public water system. A building shall be deemed accessible to the public water system within the Mundis Race Road Water District when any part of the parcel(s) on which it is located is adjacent to any public street or easement in which is laid a public water main.
B. 
Where a building required to be connected to the public water system pursuant to Subsection A of this section is accessible to an existing water main or at any time hereafter becomes accessible to a newly constructed water main, such connection shall be made within six months following receipt of notice from the Township to make such connection.
C. 
All connections to the public water system shall be made in accordance with the applicable Township ordinances then in effect and the rules and regulations thereunder and in accordance with the rules, regulations and specifications, as amended from time to time, in effect and specified in the York Water Company's "Rates, Rules and Regulations" (Supplement No. 118 to Water-Pa. P.U.C. No. 14), hereinafter "York Water Rules."

§ 238-16 Disconnection of private water supply systems.

A. 
Upon the connection of any building to the public water system, the internal water and plumbing system of such building connected to any individual on-lot or private water system shall be immediately disconnected and private wells properly abandoned in accordance with Chapter 238 of the Township Code, except as allowed pursuant to Subsection B of this section.
B. 
Existing on-lot or private water systems may, with the approval of the York Water Company and the Pennsylvania Department of Environmental Protection, be maintained and used for irrigation, fire protection, or other industrial purposes not prohibited by said company's operation policies. In no event shall there be any cross-connection of any on-lot or private water system with the system supplied by the public water system.

§ 238-17 Applications for connection; fees.

A. 
All persons owning buildings required to be connected to the public water system shall, upon receiving notice from the Township as provided in § 238-15B, promptly make application to the York Water Company for connection to the system on such form and providing such information as the York Water Company shall prescribe.
B. 
Each person making application for public water service may be required to pay a connection fee for each building required to be connected. Applicants shall be classified as residential, commercial or industrial as specified in customer classification guidelines of the York Water Company, from time to time, in effect. Any such connection fees hereby imposed shall be payable to the York Water Company, pursuant to the York Water Rules.

§ 238-18 Water service charges.

The owners of all properties served by the public water system shall pay a basic service charge and surcharges to York Water Company as per the York Water Rules as amended from time to time.

§ 238-19 Agency of York Water Company.

The Township designates the York Water Company as its agent to do and perform certain acts for the Township relating to the Mundis Race Road Water District pursuant to the York Water Rules.

§ 238-20 Mandatory notice to Department of Environmental Protection.

At least 90 days prior to any amendment, alteration, repeal or abolition of this article, notice of such amendment, alteration, repeal or abolition shall be provided to the Pennsylvania Department of Environmental Protection, South-Central Regional Office, Bureau of Environmental Cleanup and Brownfields, 909 Elmerton Avenue, Harrisburg, Pennsylvania 17110.