[HISTORY: Adopted by the City Council of the City of Farrell as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-21-2012 by Ord. No. O-3-2012]
The official title of this article shall be the "Non-Use Aquifer Ordinance" of the City of Farrell, Pennsylvania.
The general purpose of this article is to prohibit the installation of water wells for potable or agricultural use within the area designated pursuant to the geographical map attached hereto and incorporated herein (hereinafter "designated area") and generally described as the site, including parcels located within a 1,000 foot radius hydrogeologically downgradient of the site; to require all properties in the designated area to connect to a community water supply for drinking water and agricultural purposes and prohibit the use of ground water for any purpose; and to promote, protect and facilitate public health, safety and welfare of the general public within the designated area through the implementation of appropriate procedures to implement and regulate the above purposes.
A. 
No groundwater derived from wells or springs may be used for drinking water or agricultural purposes;
B. 
All downgradient properties from the site within the designated area must be connected to a community water system;
C. 
The designated area shall not intersect a radius of 1/2 mile from a community water supply well source;
D. 
The use of groundwater from wells or springs for drinking water or agricultural purposes within the designated area is prohibited; and
No modification of this article shall be made in the designated area or matters shown thereon except in conformity with the procedures set forth within the City's Home Rule Charter. Any unauthorized change of whatever kind by any person shall be considered a violation of this article and punishable as hereinafter set forth.
Violation of the provisions of this article or failure to comply with any and all of its requirements shall be grounds for a civil proceeding. Any property owner or lessee of land situate in the designated area who has violated or permitted the violation of the provisions of this article shall, upon being found liable therefore in a civil proceeding commenced by the City, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the City as a result thereof. No judgments shall commence or be imposed, levied, or payable until the date of the determination of the violation by the Magisterial District Judge. Each day that a violation continues shall constitute a separate violation unless the Magisterial District Judge determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating this article to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation continues shall constitute a separate violation. All judgments, costs, and reasonable attorney fees collected shall be paid to the City.