[Ord. 2004-05, 9/7/2004, Art. I]
1.
Purpose. The purpose of this Part is to ensure that new wells constructed
in Plumstead Township are able to provide a reliable, safe and adequate
water supply to support intended uses within the capacity of available
groundwater resources. Additionally, it is to ensure that new wells
do not infringe upon the performance of existing wells and to provide
for the collection of accurate groundwater information.
2.
Severability. If any provision of this Part or the application thereof
to any persons or circumstances is held invalid, such invalidity shall
not affect other provisions or applications, and to this end, the
provisions of this Part are declared to be severable.
3.
BCDH
CAPACITY
COMMUNITY WELL
DRBC
DRILLING
GROUNDWATER
PADEP
PERSON
TOWNSHIP
WELL
WELL DRILLER
Definitions. For the purpose of this Part, the following words or
phrases shall have the meanings given in the following definitions:
The Bucks County Department of Health.
[Added by Ord. 2018-04, 7/10/2018]
Capacity of the well shall mean the amount of water which
can be withdrawn from the well either by pumping or free flowing.
The capacity does not mean the anticipated average withdrawal rate
on the well. The capacity of a well may vary seasonally and diminish
with time.
A well that serves 15 or more connections or 25 people or
more year-round.
The Delaware River Basin Commission.
All acts necessary in the construction of wells, such as
drilling, boring, coring, washing, digging, driving or jetting.
Water that is underground, stored in pore spaces, crevices,
cracks along bedding plains, along joint surfaces in channels or artesian
basins or other bodies of water in and under the ground.
The Pennsylvania Department of Environmental Protection.
A corporation, partnership, municipal authority or association,
as well as a natural person.
The Township of Plumstead.
Any excavation that is drilled, cored, washed, driven, dug
or otherwise constructed for the location, diversion or acquisition
of underground waters or charging of waters into the underground strata.
Any water well contractor, employee or representative in
charge of drilling or otherwise constructing a well.
4.
Applicability.
A.
No person, firm or corporation, or other entity within the Township,
shall drill or withdraw groundwater for any purpose by means of a
well except as permitted by this Part and within the regulations herein
set forth.
B.
A building permit for a new residential or nonresidential building,
structure or addition to a building which is to be served by a new
Class I well shall not be issued unless the new well has been drilled,
tested and certified to be in compliance with this Part.
C.
Preliminary plan approval of a subdivision consisting of three or
more lots, or placing a new Class II or III well into service, or
a land development that will be served by a Class II or Class III
well shall be contingent upon the satisfactory completion of the well
testing and water resources impact studies required herein.
[Amended by Ord. 2018-04, 7/10/2018]
[Ord. 2004-05, 9/7/2004, Art. II]
1.
Applicability. A permit shall be required for any well drilled in
Plumstead Township after the effective date of this Part. Additionally,
a well registration form must be completed for each well drilled and
returned to the Township.
2.
Classification of Wells. Well drilling and testing permits are categorized
by Classes I, II and III and are defined as follows:
A.
For wells proposed to pump less than 1,000 gallons per day (Class
I wells), the application for a drilling permit shall be made prior
to, or in conjunction with, the filing of the building permit application.
The drilling of the well and the testing of the water must be completed
and the well must meet requirements of this Part before a building
permit is issued by the Township.
B.
For wells proposed to pump 1,000 gallons per day or more in the aggregate
(Class II wells), the application for a well drilling permit shall
be filed with the submission of the preliminary plan of subdivision
or land development. (This shall include all residential subdivisions
of three or more lots). All elements of the drilling and testing requirements
must be satisfactorily completed prior to the granting of final plan
approval. For wells proposed to pump 1,000 gallons per day or more
in the aggregate (Class II wells), if the application does not involve
a subdivision or land development, the application must be filed and
permit issued prior to drilling of the proposed well.
[Amended by Ord. 2018-04, 7/10/2018]
C.
Class II also includes a well or wells where the aggregate withdrawal
is up to 10,000 gallons per day. Depending upon the number of lots
or dwelling units served or groundwater withdrawn, the application
may be subject to the Pennsylvania Safe Drinking Water Act[1] as public water supplies (PWS). It shall be the applicant's
responsibility to obtain all required permits and submit them to the
Township.
[1]
Editor's Note: See 35 P.S. § 721.1 et seq.
D.
A Class III well or wells include wells that produce an average of
more than 10,000 gallons per day over a thirty-day period and are
subject to approval by the DRBC and PADEP.
E.
The applicant shall be responsible for submitting copies of all permit
applications that are submitted to DRBC and PADEP to the Township
the same day they are submitted to DRBC. Copies of all correspondence
submitted to, and received from, the DRBC and PADEP shall also be
submitted to the Township. The applicant shall also be responsible
for submitting copies of the approved permits granted by DRBC and
PADEP to the Township. The Township reserves the right to require
that all submittals to the above two agencies take place through the
Township.
3.
Permit Application Procedure.
A.
An original and three copies of the application for a well drilling
permit shall be filed with the Township Code Enforcement Officer.
The Code Enforcement Officer shall distribute one copy to the Township
Hydrogeologist. One stamped copy may be retained by the applicant.
The original application shall remain on file at the Township.
B.
For a Class I well, the application for a well drilling permit shall
be made prior to or in conjunction with the filing of the building
permit application. The drilling of the well and testing of the water
must be completed and the well must be in compliance with the standards
of this Part prior to issuance of a building permit.
C.
For a Class II or Class III well, the application for a well drilling
permit shall be filed with the submission of the preliminary plan.
All elements of the drilling and testing requirements must be satisfactorily
completed prior to the granting of final plan approval. If the application
does not involve a subdivision or land development, the application
must be filed and permit issued prior to drilling of the proposed
well.
[Amended by Ord. 2018-04, 7/10/2018]
4.
Well Permit Application Requirements. The following information shall
be submitted with the well drilling permit application for all classes
of wells:
A.
Applicant's name, address, telephone number and Pennsylvania Driller's
License Number.
B.
Location of the proposed development or property where well will
be drilled.
[Amended by Ord. 2018-04, 7/10/2018]
C.
A copy of the preliminary plan for the subdivision or land development
or survey of the property for a Class II or III well or a plot plan
for a Class I well.
[Amended by Ord. 2018-04, 7/10/2018]
E.
Well driller's name, address and telephone number.
F.
A description of the development proposed or, if no new development
proposed, a description of the existing or proposed use.
[Amended by Ord. 2018-04, 7/10/2018]
G.
Projected water quantity requirements for the proposed use.
H.
A separate map showing the location of the production well and information
of all monitoring well(s), if applicable.
I.
Vertical datum on all plans shall be USGS, and a North point shall
be shown on all plans.
J.
Horizontal datum shall be State Plan Coordinates System (Pennsylvania
South) North American 1983 (NAD83).
K.
The plan shall include boundaries of the water districts and specified
areas to be served.
L.
Topography of the drainage area and site, including wells, springs,
streams, dams and reservoirs, the location, dimensions and elevations
of structures and piping.
M.
The location and logs of test borings and wells and the diameter
and depth of the well casing and liners.
5.
Water Testing Requirements. After a well has been drilled under a
well drilling permit, the quality of the water shall be tested in
accordance with the following:
A.
Class I Wells.
(1)
Groundwater samples collected at Class I wells shall be analyzed,
at a minimum, for the parameters reported in Table 1. Plumstead Township
may require analysis for additional parameters if information available
to the Township indicates the potential presence of additional contaminants.
The analysis shall be performed by a Pennsylvania-certified laboratory.
(2)
The groundwater sample to be analyzed by the laboratory shall
be collected prior to completion of the short-term pumping test, or
the well shall be pumped for a minimum of two hours and then sampled.
(3)
The laboratory report outlining the results of the analysis
shall be submitted to the Township. The information submitted to the
Township shall also identify the well where the sample was collected,
name of the person collecting the sample, time and date of sample
collection and, where appropriate, the pumping water level at the
time of sampling.
(4)
If the drinking water standards reported in Table 1 are not
met, the water supply may be treated to lower the concentration of
the contaminant below the standard. The proposed treatment system
shall be approved by the Township before it is installed. After approval
and installation of the system, a sample shall be collected and analyzed
by the laboratory to verify that the treated water meets drinking
water standards. The results of the analysis shall be submitted to
the Township.
(5)
In cases where the well is intended for commercial or industrial
use that involves the handling or storage of materials or substances
that can cause groundwater contamination, including existing nearby
supplies of groundwater, regardless of the well withdrawal, the applicant
shall provide detailed information to the Township about such materials
and substances. Furthermore, the applicant shall be required to establish
a groundwater quality baseline by collecting samples from the on-site
and off-site wells to be analyzed for the material and substance-specific
constituents. The drilling of monitoring wells near the property boundary,
in the direction of groundwater flow, may be required by the Township
Hydrogeologist. The extent of the off-site sampling shall be determined
by the Township Hydrogeologist. A protocol approved by the Township
Hydrogeologist shall be followed in the collection of the groundwater
samples.
[Added by Ord. 2010-04, 6/15/2010]
6.
Effective Date of Permit. All well construction permits issued by
Plumstead Township shall be in effect as of the date of issuance and
shall remain in effect for a period of one year. In the event construction
under the permit has not been completed at the expiration of one year
from the date of issuance, the permit shall expire, the validity of
the permit shall cease and terminate, and all fees paid will be forfeited.
|
TABLE 1
LIST OF PARAMETERS TO BE ANALYZED
FOR CLASS I WELLS
|
|
Secondary Contaminants
| |
|---|---|
|
Parameter
|
SMCL (mg/L or as noted)
|
|
pH1
|
6.5 - 8.5 Units
|
|
Temperature
|
N/A Degrees
|
|
Chloride
|
250
|
|
Sulfate
|
250
|
|
Total dissolved solids
|
500
|
|
Hardness2
|
120 - 150
|
|
Color
|
15 color units
|
|
Odor
|
3 (threshold odor number)
|
|
Turbidity3
|
0.5 to 1 NTU
|
|
Iron
|
0.3
|
|
Manganese
|
0.05
|
|
Copper
|
1
|
|
Notes:
|
|---|
|
SMCL = Secondary Maximum Contaminant Level
|
|
1 pH and temperature can be measured
in the field.
|
|
2 Concentration beyond which softening
is recommended.
|
|
3 Performance standard.
|
|
Microbiological Contaminants
| |
|---|---|
|
Coliform bacteria
|
0
|
|
Primary Contaminants
| |
|---|---|
|
Parameters
|
MCL (mg/L)
|
|
Arsenic
|
0.01
|
|
Lead
|
0.005
|
|
Mercury
|
0.002
|
|
Primary Contaminants
| |
|
Nitrate
|
1
|
|
Nitrate
|
10
|
|
Volatile organic compounds1 (VOCs,
to include MTBE)
|
As applicable
|
|
Notes:
|
|---|
|
1 The concentration of volatile organic
compounds shall meet the primary drinking water standards established
by the EPA.
|
|
MCL – Maximum Contaminant Level.
|
[Ord. 2004-05, 9/7/2004, Art. III]
1.
General Construction Requirements for Wells. All well construction
in the Township shall be in accordance with the standards set forth
by the USEPA "Manual of Water Well Construction Practices" (EPA 570/9-75-001),
PADEP "Water Supply Manual" (latest revision), and AWWA "Standard
for Water Wells" (ANSI/AWWAA 100-07). If there is a conflict between
the above requirements and requirements listed below, the more restrictive
requirement shall be applicable.
A.
The actual on-site work of drilling, constructing, altering or repairing
a well shall be under the supervision of a person in possession of
a valid well driller's license issued pursuant to the laws of the
Commonwealth of Pennsylvania.
B.
During drilling and construction of the well(s), the area surrounding
the wellheads shall be maintained in a clean condition, and surface
drainage, including the water discharging from the well, shall be
diverted away from the wellhead. During the drilling and construction
of the well, erosion and sedimentation control measures shall be implemented
around the wellhead in accordance with the requirements of the Bucks
County Conservation District.
2.
Technical Requirements. For purposes of this section of this Part,
wells are grouped into two categories as follows: individual on-lot
wells and wells that propose to pump up to 10,000 gpd. Some of these
wells will require a permit from the PADEP; and large-yield wells
or wells that propose to pump more than 10,000 gpd, on a thirty-day
average, and/or wells that are proposed for dedication to the Township.
These well will require a permit from the DRBC and the PADEP.
A.
Individual On-Lot Wells and Others.
(1)
These wells shall be drilled at six-inch diameter or larger
to a minimum depth of 300 feet in order to obtain the minimum yield
indicated below.
(2)
During drilling of the well, the following shall be accomplished:
(a)
Preparation of drilling record and geologic log to include detailed
lithological description, depth and yield of water-bearing zones,
estimated with methods acceptable to the Township, and information
concerning water quality.
(b)
Whenever a water-bearing zone is encountered, drilling shall
be stopped and the well developed by surging with air. Development
of the well shall be repeated after completion of drilling, by the
same method, until the water is clear.
(c)
The drilling record and geologic log shall be submitted to Plumstead
Township, together with a map, where necessary, at a scale of one
inch equals 400 feet, showing the location of the well. The geologic
log should include the name, address, phone number and seal or license
number of the professional geologist or well driller preparing the
log and should bear his signature.
B.
Large-Yield Wells.
(1)
Upon satisfactory completion of the test wells, these wells
shall be constructed at a ten-inch diameter or larger to a minimum
depth of 400 feet.
(2)
Well Yield.
(a)
Class I wells shall have a minimum yield of six gallons per
minute (gpm), of which four gallons can be obtained from storage.
However, a minimum of two gallons must be obtained from aquifer contribution.
For the purpose of meeting this requirement, only contribution from
water-bearing zones located at a depth of 200 feet or greater shall
be considered. That is, contribution from water-bearing zones encountered
above 200 feet will not be included in the computation. Plumstead
Township, at its sole discretion, may waive this requirement upon
certification by a professional geologist experienced in the practice
of hydrogeology that the well can meet, on a long-term basis, the
water supply needs of the project.
C.
Casing.
(1)
Class I and Class II wells, other than those that are proposed
for dedication to Plumstead Township, shall be constructed with a
watertight, 1/4-inch-thick, six-inch-diameter steel casing. The casing
shall extend to a minimum depth of 40 feet or a minimum depth of 10
feet into competent bedrock, whichever is greater. All joints between
sections of the casing shall be made by continuous welding. The casing
shall extend a minimum of 18 inches above the surface of the ground.
(2)
Class III wells that propose to pump more than 10,000 gpd and/or
are proposed for dedication to Plumstead Township shall be double-cased.
The outer casing (fourteen-inch-diameter or larger) shall extend to
a depth of between 15 and 20 feet below the surface of the ground,
depending on site-specific conditions, and shall be made of steel.
The ten-inch-diameter or larger inner steel casing shall extend a
minimum of 50 feet below the surface of the ground or a minimum of
10 feet into competent bedrock, whichever is greater. All joints between
sections of this casing shall be made by continuous welding. The wall
thickness of the casing shall be as follows:
|
Casing Diameter
(inches)
|
Wall Thickness
(inches)
|
|---|---|
|
10
|
0.279
|
|
12
|
0.330
|
|
14
|
0.375
|
|
16
|
0.375
|
|
The outer casing shall extend a minimum of 12 inches and the
inner casing a minimum of 18 inches above the surface of the ground.
|
(3)
Upon completion of drilling and construction, the well shall
be capped and the cap tightly secured to the casing to minimize vandalism
and avoid the entrance of potential contaminants.
D.
Grouting.
[Amended by Ord. 2018-04, 7/10/2018]
(2)
For Class II and III wells, the annulus (space between the overburden
and the bedrock and the casing) shall be filled with neat cement or
a mixture of neat cement and not more than 5% bentonite.
(3)
Grout shall be applied by means of a pump and tremie pipe starting
from the bottom up in a continuous operation in order to form a watertight
seal. Proper placement of the grout requires that the diameter of
the borehole to be cased be a minimum of four inches larger than the
diameter of the casing.
(4)
When drilling is to be continued after grouting and neat cement
is used, a curing time of 12 hours for Type III cement and 24 hours
for Type I or II cement must be provided, during which drilling is
not permitted.
(5)
The drilling contractor shall contact BCDH for grouting inspection.
Should BCDH decline to provide an inspector, the drilling contractor
shall contact Plumstead Township for the grouting inspection. Plumstead
Township will not inspect well grouting, provided that the BCDH continues
its grouting inspection program.
E.
The minimum isolation distance requirements for Class I water supply
wells in Plumstead Township shall consist of the minimum isolation
distances listed in the BCDH Well Regulations.
[Amended by Ord. 2018-04, 7/10/2018]
F.
Disinfection of Wells. After construction of the well has been completed
or after the temporary pump for the implementation of the required
pumping test has been installed, but before conducting the pumping
test, the well shall be disinfected. Disinfection shall be accomplished
following the procedure outlined in the EPA Manual of Water Well Construction.
In addition, disinfection of a well is required when one of the following
conditions occurs:
(1)
After installation of the permanent pumping equipment and before
the well is put into service.
(2)
Whenever work is done on the well, including the pumping equipment,
discharge lines and electric cables.
(3)
Upon receipt of laboratory report indicating the presence of
bacteriological contamination.
G.
Pitless Adapter. All wells in Plumstead Township shall be constructed
with pitless adapters.
H.
Pumping Tests.
(1)
Class I Wells.
(a)
A short-term pumping test is required for all Class I wells
constructed in Plumstead Township. The pumping phase of the test shall
last a minimum of four hours and will be followed by the recovery
phase. Water level measurements during recovery will be implemented
until the well has achieved 95% recovery.
(b)
The pumping test shall be implemented in accordance with the
following procedures:
1)
Two-Part Pump Test for Evaluating the Water Supply Capabilities
of Domestic Wells, New Jersey Geological Survey, Groundwater Report
Series No. 1, by Jeffrey L. Hoffman and Robert Canace (1986).
[Amended by Ord. 2018-04, 7/10/208]
2)
Standards of professional hydrogeologic practice. In this case,
a proposal outlining the procedure to be used during the pumping test
shall be submitted to Plumstead Township for review and approval,
and the test shall not be implemented until approval is issued.
3)
The water level data collected during the pumping test and analysis
thereof shall be included in a report of findings and submitted to
Plumstead Township before an occupancy permit can be issued or final
plans of subdivision can be approved.
4)
Pumping tests for individual on-lot residential wells can be
completed by the driller. For all other Class I wells, the pumping
test must be completed and the report prepared by a professional geologist.
Plumstead Township shall be notified 48 hours prior to the test so
that a representative may be present during implementation.
(2)
Class II Wells. Class II wells shall be subjected to a long-term pumping test in accordance with the requirements and procedures set forth in § 22-508. Within a subdivision of three or more lots proposing individual on-lot wells, a minimum of one well for each proposed 15 lots, or fraction thereof, shall be drilled and tested in accordance with the long-term pumping test requirements prior to final plan approval. All other lots shall have individual Class I wells drilled and tested prior to issuance of a building permit. Plumstead Township shall be provided a minimum of 72 hours' advance notice of the time and date for the implementation of the pumping test, and the test shall not commence until a representative of the Township is present.
(3)
Class III Wells. A Class III well or wells shall be subjected to a long-term pumping test in accordance with the requirements and procedures set forth in § 22-508. Plumstead Township shall be provided a minimum of 72 hours' advance notice of the time and date for the implementation of the pumping test, and the test shall not commence until a representative of the Township is present.
I.
Hydrofracturing.
Whenever hydrofracturing of a well is proposed in order to increase
its yield, the applicant shall ensure to the satisfaction of the Township
Hydrogeologist that the nearby wells will not be adversely affected.
[Added by Ord. 2010-04, 6/15/2010]
[Ord. 2004-05, 9/7/2004, Art. IV]
1.
The applicant seeking approval of a permit for a Class II or Class
III well shall be required to enter into a well depletion agreement
with Plumstead Township.
2.
The agreement applies to all existing wells within 1,000 feet of
the subject premises that are depleted to such an extent that the
supply is no longer adequate for its owner's needs. If it can be shown
that such depletion is caused by the well(s) servicing the applicant's
development or property, it is the applicant's responsibility to restore
an adequate supply. At the sole discretion and direction of Plumstead
Township, the applicant shall deepen the depleted well, drill a new
well, or connect the affected property to a public water supply, so
as to provide an adequate supply of potable water, as defined by PADEP,
to the affected property owner. The initial determination will be
made by the Township Hydrogeologist.
[Amended by Ord. 2018-04, 7/10/2018]
3.
Any expense associated with providing the affected property owner
with a potable water supply shall be borne by the applicant and approved
by the Plumstead Township Hydrogeologist.
4.
The applicant shall remain responsible for providing the affected
property owner with a suitable water supply for a period of 10 years
following the connection of the last dwelling to be constructed as
part of the development or after peak usage is reached for a nonresidential
development or after peak usage is reached for the intended use of
the well.
5.
Any dispute concerning the responsibility or cause of well depletion
shall be determined by an arbitration panel consisting of a qualified
professional geologist selected by the applicant, a qualified professional
geologist selected by the Township and a qualified professional geologist
selected by the unanimous agreement with the first two arbitrators.
The arbitrators shall render a decision within 60 days from the selection
of a third arbitrator, and the arbitrator shall assess the cost of
the arbitration proceeding.
6.
In lieu of the well depletion agreement, the Township, in its sole
discretion, may allow a contribution to the Well Depletion Fund. The
fee is assessed on a per-dwelling or equivalent dwelling unit (based
on a flow of 400 gallons per equivalent dwelling unit) basis. The
fee is established as the larger of the fee established in the Township
Fee Schedule[1] or the amount of escrow as established by the Township
Hydrogeologist for a well depletion agreement. The Well Depletion
Fund shall be used by the Township to replace wells or extend public
water to existing dwellings at the Township’s sole discretion.
[Amended by Ord. 2018-04, 7/10/2018; and by Ord. No. 2019-09, 8/27/2019]
[1]
Editor's Note: The Fee Schedule is on file in the Township
offices.
7.
In addition to the requirements set forth above in this section,
the well depletion agreement shall include an indemnification provision
whereby the applicant shall indemnify and hold harmless the Township
from any and all claims, including claims by third parties, resulting
from the applicant's well drilling, hydrofacturing, pump test and/or
use of the permitted well, as well as requiring an escrow, in an amount
to be determined by the Township hydrogeologist, to secure the applicant's
responsibilities and obligations under this section.
[Added by Ord. 2018-04, 7/10/2018]
8.
The well depletion agreement shall be in the form and substance,
and include the substantive provisions of the well depletion agreement
attached hereto as Attachment C.[2]
[Added by Ord. 2018-04, 7/10/2018]
[2]
Editor's Note: Attachment C is included as an attachment to this chapter.
[Ord. 2004-05, 9/7/2004, Art. V]
1.
Applicability. All wells no longer proposed for use shall be sealed
upon abandonment. Sealing and abandonment shall comply with the requirements
of PADEP "Water Well Abandonment Guidelines" or shall follow the procedure
outlined below, whichever is more stringent.
2.
Notification. The owner shall notify the Township, in writing, a
minimum of three days prior to abandonment and sealing of any well.
3.
Procedure. Abandonment of wells shall be accomplished in accordance
with the following:
A.
Any and all equipment present in the well shall be removed.
B.
The well shall be paved for depth and the presence of any obstruction
which could interfere with the sealing operation.
C.
If possible, the causing shall be pulled from the well. Otherwise
the casing shall be cut to approximately two feet below the surface
of the ground.
D.
The borehole shall be filled with cement grout or bentonite. The
grout material shall be placed starting at the bottom of the well
and moving slowly upward by such methods that will assure the integrity
of the sealing material.
E.
Accurate record of the sealing procedure shall be kept and a written
report submitted to Plumstead Township. The report shall indicate
the location of the well (longitude and latitude), depth of the well,
ground elevation, static water level and amount of material used to
seal the well.
4.
Definition
of Well Abandonment. For purposes of this Part, the phrase "abandonment
of a well or well abandonment" shall be deemed to have occurred upon
any one of the following conditions existing:
[Added by Ord. 2010-01, 2/16/2010, Art. I]
A.
The
owner or occupier of the property discontinues usage of the well for
a period of two years.
B.
The
owner or occupier of the property improperly maintains the well so
as to pose a threat to the public health and safety.
C.
The
well water is contaminated and unsafe for drinking as determined by
the Township Hydrogeologist or the Bucks County Department of Health.
D.
The
well water is near or within a contaminated cone of influence as determined
by the Township Hydrogeologist or the Bucks County Department of Health.
E.
The
owner of the property requests abandonment in writing to the Township.
5.
Exemption.
Wells maintained to provide monitoring services to comply with local,
state or federal requirements shall be exempted from the requirements
of this Part as long as they are covered with a locked well cap and
not used as a potable or nonpotable water source.
[Added by Ord. 2010-01, 2/16/2010, Art. I]
[Ord. 2004-05, 9/7/2004, Art. VI]
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,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days.
2.
Upon discovery of any violation of this Part, the Township may, at
its option, forego any prosecution hereunder and may grant to the
owner a period of 30 days to comply with the provision of this Part.
Upon failure of the owner to effect such compliance, the Township
may initiate prosecution as hereinabove set forth.
3.
For the purpose of this Part, each day of a continuing violation
shall be considered a new and additional violation of this Part.
4.
The Township may, at its option, in addition to any other remedies
available to it, institute an action in equity to enjoin, or any other
appropriate action or proceeding, to restrain or prevent any violation
of the provisions of this Part.
