This article shall be known and may be cited as the "Pocono Township Well Ordinance."
[HISTORY: Articles I and II adopted by the Board of Supervisors (now Board of Commissioners) of the Township of Pocono as indicated in article histories. Subsequent articles adopted by the Board of Commissioners of the Township of Pocono. Amendments noted where applicable.]
[Adopted 6-26-1991 by Ord. No. 53]
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.
A.
This article shall apply to all wells which have not been completed or which are not in operation or in operable 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 when, in the opinion of the Sewage Enforcement 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.
A.
No such well shall be located closer than 100 feet to the nearest part of any existing or proposed on-site sewage disposal drain field or closer than 50 feet to the nearest part of any existing or proposed septic tank, whether on land of the applicant or adjoining lands.
B.
No well permit shall be issued for a particular property until a sewage permit has been issued for said property.
C.
All wells shall be constructed a minimum distance of 15 feet from all lot lines. In the case of a road right-of-way, the distance shall be measured from the edge of the legal right-of- way line or any established future roadway widening easement, whichever is greater.
D.
Well permits may be denied because of unfeasibility of drilling a well at a proposed location.
A.
No person or corporation, including contractors, shall construct, drill, dig or reconstruct any well for the production of water for domestic purposes without the property owner or his duly authorized agent first obtaining a permit for such construction activity from the Sewage Enforcement Officer of the Township of Pocono.
B.
Application for such a well permit shall be made upon a form supplied by the Township and shall be submitted to the Sewage Enforcement Officer of the Township.
C.
The application shall set forth the name or names and address of the owners of the property, the address or location of the property, an accurate scale map of the premises showing the proposed location of the well, setback lines for wells, the exact location or proposed location of all buildings and on-site sewage disposal systems, including sewage disposal drain fields and septic tanks, the boundary lines of the premises upon which the well is proposed to be located and such other information as may be required thereon.
D.
The well driller shall submit to the Township a copy of Pennsylvania Department of Environmental Protection Form WW-1 within 30 days after any well is completed.
Upon receipt of any application for a well permit, the Township, through its duly authorized Sewage Enforcement Officer, shall within 15 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 and the provisions of the Township Sewage Ordinance.[1] Upon completion of the inspection, the Sewage Enforcement Officer shall either issue a permit to the applicant indicating the approved location for the well and special instructions for construction, if any; or refuse to issue the 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 Sewage Enforcement Officer. Permits shall be prepared in triplicate, and distribution of copies shall be made as follows:
Upon the completion of construction, or at such other time as the Sewage Enforcement Officer may deem appropriate, the Township, through its Sewage Enforcement Officer, shall perform a final inspection of the well to determine whether there has been compliance with the permit issued. Upon completion of the inspection, the Sewage Enforcement Officer shall issue an approval of well operation upon the original permit or 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.
A.
The Township, through its Sewage Enforcement Officer, shall act upon each such application for permit within 15 days after said application has been filed, and in the event of failure on the part of the officer to render and communicate a decision to the applicant within said time period, the applicant shall have the right to request a hearing before the Township Board of Commissioners.
B.
All permits shall be in effect as of the date of issuance and shall remain in effect for a period of two years thereafter. In the event that construction under the permit has not been completed at the expiration of two years from the date of issuance, the permit shall expire and the validity of the permit shall cease and terminate.
[Amended 11-1-1993 by Ord. No. 64]
Upon written request of the applicant and upon payment of the required fee, the Zoning Hearing Board of Pocono Township shall schedule a public hearing and consider the applicant's request for waiver of any of the requirements of this article under the standards for zoning variances set forth in Chapter 470, Zoning, as it may be amended from time to time in accordance with Pennsylvania's Municipalities Planning Code, as it may be amended from time to time.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
It shall be illegal to commence construction of a well without first obtaining such a permit. Any person who violates any of the provisions of this article shall be subject to the penalties and procedure for enforcement of zoning violations provided under Pennsylvania's Municipalities Planning Code, 53 P.S. § 10617.2, as it currently exists or may hereafter be amended.
B.
For the purpose of this article, each day of a continuing violation shall be considered a new and separate violation of this article.
C.
Any such fines collected hereunder shall be used for general Township purposes.
No responsibility or liability for the construction of any well shall be deemed to be placed upon the Township of Pocono or any of its officers, agents or employees by virtue of the terms of this article or otherwise.
[1]
Editor's Note: This ordinance also repealed former Article IIA, Pocono Jackson Joint Water Authority Water Service District, adopted 12-18-2017 by Ord. No. 2017-07; and Article III, Areas Served by Brodhead Creek Regional Authority, adopted 11-21-2005 by Ord. No. 118
This article shall be known as the Township of Pocono Mandatory Water Connection Ordinance.
This article is enacted for the following purposes:
A.
To protect and provide for the public health, safety, and general welfare of the citizens of the Township.
B.
To adopt rules and regulation pertaining to the making of connections to the regional water supply and distribution system of the Brodhead Creek Regional Authority (the "Authority") serving portions of the Township, which is a member of the Authority.
C.
To ensure an adequate and safe water supply for the people of the Township.
D.
To further define the relationship between the Township and the Authority.
This article applies to all buildings, presently existing and later constructed, abutting Authority water distribution mains.
A.
All prior Township ordinances and resolutions, and parts thereof, that are inconsistent or in conflict with the provisions of this article are hereby repealed and superseded by the terms of this article.
B.
If any term, provision, covenant, or restriction contained in this article is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions contained in this article shall remain in full force and effect and shall in no way be affected, impaired or invalidated. The Township intends that this article would have been enacted had each and every invalid provision not been included.
For the purpose of this article, the present tense shall include the future tense; the singular shall include the plural; words used in masculine gender shall include the feminine and the neuter; the word "shall" is always mandatory; the word "may" is always permissive.
The following terms shall have the meanings set forth below when used herein:
Any property whose boundary line is adjacent to a distribution line of the Water System and which contains a building any part of which is located within 200 feet of such line.
The Municipality Authorities Act of 2001, as amended, as codified at 53 Pa. C.S. Chapter 56.
Brodhead Creek Regional Authority.
A registered professional engineer in Pennsylvania designated by the Authority, as the Authority engineer.
Each single or multiple residential structure or unit or apartment unit, store, shop office, business, commercial or industrial unit, or family unit contained within any structure in the Township intended for continuous or periodic habitation, which contains facilities for use of water for human consumption.
Members of the Board of Commissioners of the Township.
The Pennsylvania Department of Environmental Protection.
An individual, partnership, corporation, private or governmental, or other legally recognized entity.
The Township of Pocono, Monroe County, Pennsylvania, a Township of the First Class.
The water distribution system constructed in the Township and operated by the Authority including without limitation the acquisition of all necessary lands, easements, and rights-of-way, and the construction and operation of a water works system including pumping stations, water distribution system, fire hydrants, valves and appurtenances thereto.
The Water System as shown on the map, attached hereto as Exhibit "A", entitled BCRA Water Service Area Mapping dated May 18, 2023 prepared by LVL Engineering Group, depicts the area within which the Authority has constructed and/or is authorized to construct a Water System within the Township and such area shall provide the exclusive source of water for human consumption and use and for industrial, commercial, or farm use within that portion of the part thereof and abutting property owners shall connect with and use such Water System in the manner herein provided. Within 30 days following connection of the Water System, each abutting property owners within the designated area shall permanently render any well or wells incapable of drawing, producing, or providing any additional quantity of water, nor shall the well or wells be used to draw, produce, or provide water for any purpose whatsoever. The Authority and the Township shall be empowered to establish rules and regulations concerning the disablement of any well within the designated area and to enforce the same. A copy of the water service area map and any rules or regulations shall be available and kept on file at the Township office.
All personal holding legal title or an interest therein (the "owner") to real property in the Township containing a building which abuts a main of the Water System must make connections to such main, shall use exclusively water from such main as their water supply for human consumption, except as hereinafter provided, and shall be responsible to pay for all related connection costs.
It shall be unlawful for any Owner who is required to connect to the Water System pursuant to this article to construct or maintain any other supply system from wells or other private sources, except as provided in 53 P.S. § 67603. Such private facilities shall be disconnected in the manner required by regulations of the Authority and DEP.
All owners required to connect to the Water System shall file with the Authority an application for connection in the form provided by the Authority and shall pay the tapping fee and connection charge, if any, then in effect. Thereafter, the Authority shall issue a connection permit, tap its main and provide water service from the main to the curb for all such new connections.
Any owner who has applied for permission to connect to the Authority's main, who has paid the tapping fee, and connection charge, if any, and received a connection permit from the Authority may construct a connection to the Water System, at the curb, utilizing his/she/its own contractor. Such connection shall be made in strict conformity with the Rules and Regulations of the Authority, and the owner will indemnity and hold harmless the Township and the Authority from all loss and damage arising from construction by such owner.
In the event that any owner fails to make the required connection within 90 days of receiving notice by personal service or registered mail of the connection requirement, the Township, or the Authority as the Township's agent, shall be empowered to enter the subject property and perform the necessary work.
Where the Township or the Authority as its agent constructs a connection because of a property owner's failure to do so, the Township, or the Authority, as applicable, shall submit an itemized bill to the owner for the completed work, which shall be immediately payable. In case of neglect or refusal by such owner to pay said bill within 30 days thereafter, it shall be the duty of the Township or the Authority as its agent to file municipal liens for the amount of such bill or collect such bill by an action in assumpsit. In the alternative, the Township or the Authority as the Township's agent, may authorize the payment of the cost of construction in equal monthly installments, to bear interest at the rate not exceeding 6% per annum, due and payable in full in one year pursuant to the provisions of 53 P.S. § 68303.
The Authority and/or Authority Engineer and other duly authorized representatives or employees of the Authority bearing proper credentials and identification shall be permitted, at all reasonable times, to enter upon any premises connected or about to be connected or required to be connected to the Water System for the purpose of inspection and testing in accordance with the provisions of this article and the Act.
The owner of property required to connect shall be responsible for paying the tapping fee, connection charge, and water rates in accordance with the Authority's applicable resolution beginning on the date such owner is required to connect to the Water System. This responsibility shall continue whether or not the property is actually connected.
No personal shall connect to the Water System or otherwise use, alter, or disturb said Water System in any manner without first filing an application for and obtaining a permit, in writing, from Authority.
Any person who violates any provision of this article shall be served by the Township with written notice stating the nature of the violation and providing a time limit of 60 days or other period specified in the notice for the satisfactory correction of the violation. The offender shall correct all violations within such period of time stated in the notice.
Any person who continues any violation beyond the specific time limit shall be subject to a civil penalty in an amount not exceeding $600 per violation. A new and separate violation shall be deemed to have been committed for each day the violation continues beyond the specific time limit. The provisions of this article may also be enforced by an action in equity.
All penalties imposed for violation of any provision of this article shall be paid to the Treasurer of the Township for the Township's use.
Any person violating any of the provisions of this article, in addition to being liable for a penalty, shall be liable to the Township and the Authority for any expense, loss, or damage suffered by the Township or the Authority by reason of the violation.
The Commissioners hereby authorize and direct the Authority to act as agent for the Township to enforce the provisions of this article.
All tapping fees, connection charges, and similar fees and charges by the Authority for the Water System shall be calculated in accordance with the applicable provisions of the Act.
Where a property owner or owners construct or cause to be constructed any addition, expansion, or extension to or of the Water System which provides capacity to accommodate future development upon the lands of others, the Authority shall provide for reimbursement to the property owner and owners in accordance with the provisions of the Act.