[Adopted 6-26-1991 by Ord. No. 53]
This article shall be known and may be cited as the "Pocono
Township Well Ordinance."
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.
All applications for a well permit shall be accompanied by a
fee payable to the Township of Pocono in accordance with a schedule
of fees established from time to time by resolution of the Board of
Commissioners of the Township of Pocono.[1]
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.
