[HISTORY: Adopted by the Board of Supervisors of the Township
of West Vincent as indicated in article histories. Amendments noted
where applicable.]
Attachment 1 - Well Permit Application, Permit A-1 and A-2
Attachment 2 - Well Permit Application, Permit B-1 and B-2Attachment 3 - USEPA Maximum Contaminant Levels and Secondary Maximum Contaminant Levels for Selected Constituents in Drinking WaterAttachment 4 - Groundwater Zoning MapAttachment 5 - Well Approval Process
Attachment 2 - Well Permit Application, Permit B-1 and B-2Attachment 3 - USEPA Maximum Contaminant Levels and Secondary Maximum Contaminant Levels for Selected Constituents in Drinking WaterAttachment 4 - Groundwater Zoning MapAttachment 5 - Well Approval Process[Adopted 7-14-1997 by Ord. No. 78]
The following words or phrases, when used in this article, shall
have the meanings ascribed to them in this article, except where the
context clearly indicates a different meaning:
The owner or administrator of a property who is seeking a
permit to withdraw the underground waters of the Township.
Average daily demand for residential uses shall be based
on 350 gallons per day per dwelling unit or 100 gallons per person,
depending on which measure is greater. For nonresidential uses, the
average daily demand shall be determined according to Pennsylvania
Code Title 25, Chapter 73, § 73.17.
Capacity of the well shall mean the maximum amount of water
which can be extracted from the well either by pumping or flowing
continuously for a period of 48 hours with less than one foot of change
in drawdown once a stable level is achieved. The "capacity" does not
mean the contemplated draft on the well.
Chester County Health Department.
Delaware River Basin Commission.
All acts necessary in the construction of wells, such as
drilling, boring, coring, washing, digging, driving or jetting.
The capacity of a rock to transmit water. It is expressed
as the volume of water at the existing kinematic viscosity that will
move in a unit time under a unit hydraulic gradient through a unit
area measured at right angles to the direction of flow. This measurement
is usually expressed in feet per day.
Pennsylvania Department of Environmental Protection.
Equal to 150% of the expected average demand. For instance,
10 homes using 350 gpd means an average consumption rate of 3,500
gallons/1,440 minutes = 2.43 gpm. Thus the peak demand would be 3.64
gpm.
A corporation, partnership, municipal authority, or association,
as well as a natural person.
An expression of the productivity of the well. The number
is obtained by dividing the pumping rate by the drawdown in the well.
This number should be generated for the length of the pump test. If
the pumping rate is changed, the lowest pumping rate should be applied
to the entire drawdown from the beginning of the test.
The volume of water absorbed or released by a unit volume
of an aquifer for a given unit change in hydraulic head.
The Township of West Vincent.
A professional hydrogeologist licensed by the Commonwealth
of Pennsylvania and duly designated by the Township of West Vincent
to perform the duties as hydrogeologist as herein specified.
The rate at which water of a particular density and viscosity
is passed through a unit width of aquifer under a unit hydraulic gradient.
Usually measured in square feet/day.
Waters which are underground in the saturated zone. This
water is stored in core spaces, crevices, cracks along bedding plains,
along joint surfaces in channels or artesian basins or other bodies
of water in and under the ground. These waters are often referred
to as "percolating waters" in groundwater litigation.
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 subdivision creating four or more lots to be served by
individual wells.
Any water well contractor, his employee, or representative
in charge of drilling or otherwise constructing a well.
A.
Applicability. Each well drilled shall have a Chester County Health
Department well drilling permit and West Vincent Township well drilling
permit prior to drilling. All permits and documentation shall be submitted
to the Township prior to preliminary plan approval, or prior to the
issuance of an occupancy permit if no subdivision or land development
approval is required.
B.
Permit class. This article does not apply to active wells which presently
exist within the Township. This article does apply to all new wells,
reactivated wells, redrilled wells, expanded water uses/withdrawals,
expanded wells or similar well clusters within the Township. The Township
recognizes three classes of wells, requiring different types of permits:
(1)
Class 1 permit. A Class 1 permit applies to wells which produce on
average less than 1,000 gallons per day. These wells are primarily
for residential and low-quantity commercial uses.
(2)
Class 2 permit. A Class 2 permit applies to wells or well clusters which will produce on average from 1,000 to 10,000 gallons of water per day. Because of the higher withdrawal quantities and withdrawal rates as compared to Class 1 wells, additional investigations based on the groundwater zone in which drilling is proposed are required, as described in § 368-5.
Whereas the Township of West Vincent recognizes that there are
within the Township a wide variety of geologic formations, the following
groundwater zones are established to ensure that the specific requirements
of each formation are more appropriately addressed in the hydrogeologic
impact studies required of Class 2 and Class 3 applicants.
A.
Groundwater zone boundaries.
(1)
The boundaries of all groundwater zones shall be shown upon an official
Groundwater Zone Map made a part of this article. The Groundwater
Zone Map, and all notations, references, and other data shown thereon,
are hereby incorporated by reference into this article as if they
were fully described herein. The boundaries of the groundwater zones
shall be interpreted to follow the boundaries of the zoning districts
named hereafter, except in the case of Zone A, in which explicit boundaries
are declared.
(a)
Zone A. The portion of the Township lying within the area bounded
by French Creek, Pughtown Road, and the boundary with East Pikeland
Township. This area corresponds with the Stockton Formation.
(b)
Zone B. The bulk of the Township. All areas not included within
either Zone A or Zone C.
(c)
Zone C. This zone includes the Rural Conservation, Mobile Home
Park, Light Industrial, and Planned Commercial Zoning Districts as
well as the Planned Commercial Overlay into the Mobile Home Park;
all of these zones lie in a contiguous entity enclosing the Ludwigs
Corner area.
B.
Groundwater zone boundary tolerances.
(1)
The above zones incorporate all the territory within the jurisdiction
of the Township of West Vincent. Any question as to which zone's
requirements a property must comply with shall be determined by the
Township Zoning Officer.
(2)
Some of the boundaries of the groundwater zones are generally based
on the boundaries of zoning districts. As such, there will be instances
in which the geologic formation characteristics do not match the groundwater
zone boundary. Waivers based on the geologic circumstances of specific
lots may be available. Waivers should be requested from the Board
of Supervisors and are strictly at the discretion of that body.
The permit procedure shall consist of two phases. Phase I constitutes
an application for a drilling permit, the requirements of which are
referred to hereafter as "Phase I requirements." All elements of the
Phase I requirements must be fulfilled before a Township drilling
permit will be granted. Phase II constitutes the testing of the drilled
well. The testing requirements for Phase II are hereafter referred
to as "Phase II requirements." All elements of the Phase II requirements
must be fulfilled prior to the granting of either an occupancy permit
or preliminary plan approval, depending on the use of the well. There
shall be three classes of permits, depending on the withdrawal rate
in gallons per day. There will also be additional procedures based
on the hydrologic potential of the aquifer.
A.
Class 1 permit.
(1)
Application.
(a)
A well to be drilled, redrilled, expanded, or have increased
withdrawals which will produce an average of less than 1,000 gallons
per day for a single-family dwelling or a nonresidential use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
This procedure also applies to individual wells in well clusters,
even if the cluster as a whole has already been the subject of a Class
2 or Class 3 hydrogeologic impact study.
(3)
Phase II requirements. Proof of quantity and quality of groundwater
shall be provided prior to the issuance of an occupancy permit.
(a)
Quantity. The well must be capable of producing at least one
gallon per minute. If the yield is between one and five gallons per
minute, a storage system capable of supplying five gallons per minute
for a sixty-minute period (300 gallons of storage capacity) must also
be supplied.
(b)
Quality. If the water is not in compliance with the quality
requirements established by the Chester County Health Department,
a system must be installed to bring the water into compliance prior
to the issuance of an occupancy permit. In addition to Chester County
Health Department testing parameters, Radon levels shall also be determined.
No limit is established for radon levels.
B.
Class 2 permit:
(1)
Application. A well or well cluster to be drilled, redrilled, expanded,
or have increased withdrawals which will produce 1,000 to 9,999 gallons
per day for residential or nonresidential use.
(2)
Phase I requirements:
(a)
A Chester County Health Department well drilling permit shall
accompany the West Vincent well drilling permit application.
(b)
Written application on forms supplied by the Township;
(c)
A topographic map of the site, including site boundaries, proposed
well locations (both supply and monitoring) and surrounding areas
to a distance of at least 2,000 feet beyond each boundary of the site;
(d)
Superimposed on that map must be a current map of the elevation
of the potentiometric surface under the proposed building site and
the two-thousand-foot buffer;
(e)
An assessment of known aquifer characteristics, including but
not limited to transmissivity, specific yield, and hydraulic conductivity,
as well as evidence that the following works have been referenced
prior to submission of the request for a drilling permit:
[1]
Geology, Hydrology, and Groundwater Quality of Chester County,
Pennsylvania, published by the Chester County Water Resources Authority
as Water Resource Report 2. (1994)
[2]
Water Resources Management Study, prepared by the Federation
of Northern Chester County Municipalities, Chester County, Pennsylvania.
(1988)
[3]
Groundwater Resources of Chester County, Pennsylvania, Water
Resources Investigation 77-67, United States Geological Survey. (1977)
[4]
Engineering Characteristics of the Rocks of Pennsylvania; Pennsylvania
Geologic Survey, Fourth Series. (1972)
[5]
Development of a Digital Model of Groundwater Flow in a Deeply
Weathered Crystalline Rock, Chester County, Pennsylvania Water Resources
Investigation 80-2, United States Geological Survey. (1980)
[6]
Any study or studies developed by other agencies or developers
relating to sites in geologic proximity to the proposed site that
may provide information on the geology or hydrology of the site.
(f)
The study shall contain geologic and soils maps which have been
updated with site-specific refinements.
(g)
The study shall contain an analysis of water quantity which
shall show the location, design and construction of the proposed well
or wells intended to serve the development area.
(3)
Phase II requirements:
(a)
Dependent upon which groundwater zone contains the proposed
location of the Class 2 well, certain elements shall be included in
the hydrogeologic impact study.
(b)
All permits and documentation shall be submitted to the Township
prior to preliminary plan approval or the issuance of an occupancy
permit if no subdivision or land development approval is required.
[1]
Zone A requirements:
[a]
If the proposed well or well cluster is to be located within the region designated Groundwater Zone A, the owner or administrator of the property is required to prepare a hydrogeologic impact study prepared in accordance with the requirements of § 368-5.
[b]
In addition to the requirements of § 368-5, the applicant shall include the following within the hydrogeologic impact study:
[c]
If the well or well cluster will produce an average
of between 1,000 and 3,150 gallons per day, the applicant has the
option of installing and testing the individual wells or preparing
the hydrogeologic impact study. The test results shall meet the stated
requirements for quantity and quality or an engineer's report
shall be submitted addressing the measures necessary to comply with
the quantity and quality standards.
[2]
Zone B requirements:
[a]
If the proposed well or well cluster is to be located within the region designated Groundwater Zone B, the owner or administrator of the property is required to prepare a hydrogeologic impact study prepared in accordance with the requirements of § 368-5.
[b]
In addition to the requirements of § 368-5, the applicant shall include the following within the hydrogeologic impact study:
[i]
The results of a forty-eight-hour continuous drawdown
test;
[ii]
A map of the estimated stable cone of depression
based on the results of the forty-eight-hour pumping test;
[iii]
A potentiometric surface map and flow net of
both the site and the two-thousand-foot buffer under the conditions
of a sixty-day, zero-recharge drought based on the data from the above
drawdown test; and
[iv]
An assessment of the characteristics of the well
and aquifer based on the drawdown test, to include, but not limited
to, transmissivity, hydraulic conductivity, specific capacity, and
specific yield or storativity.
[c]
If the well or well cluster will produce an average
of between 1,000 and 3,150 gallons per day, the applicant has the
option of installing and testing the individual wells or preparing
the hydrogeologic impact study. The test results shall meet the stated
requirements for quantity and quality or an engineer's report
shall be submitted addressing the measures necessary to comply with
the quantity and quality standards.
[3]
Zone C requirements. If the proposed well or well cluster is
to be located within the region designated as Groundwater Zone C,
the owner or administrator of the property is required to include,
in addition to the items listed under Zone A and Zone B requirements,
within the hydrologic impact study:
[a]
An aerial inventory of fractures described in Phase
I.
C.
Class 3 permit:
(1)
Application. A Class 3 well is any well or well cluster producing
an average of 10,000 gallons per day or more for a period of 30 days
or longer.
(2)
Phase I requirements:
(a)
A Chester County Health Department well drilling permit shall
accompany the West Vincent well drilling permit application.
(b)
Written application on forms supplied by the Township;
(c)
A topographic map of the site, including site boundaries, proposed
well locations (both supply and monitoring), and surrounding areas
to a distance of at least 2,000 feet beyond each boundary of the site;
(d)
Superimposed on that map must be a current contour map of the
potentiometric surface under the proposed building site and the two-thousand-foot
buffer;
(e)
An assessment of known aquifer characteristics, including but
not limited to transmissivity, specific yield, and hydraulic conductivity,
as well as evidence that the following works have been referenced
prior to submission of the request for a drilling permit:
[1]
Geology, Hydrology, and Groundwater Quality of Chester County,
Pennsylvania, published by the Chester County Water Resources Authority
as Water Resource Report 2. (1994)
[2]
Water Resources Management Study, prepared by the Federation
of Northern Chester County Municipalities, Chester County, Pennsylvania.
(1988)
[3]
Groundwater Resources of Chester County, Pennsylvania; Water
Resources Investigation 77-67, United States Geological Survey. (1977)
[4]
Engineering Characteristics of the Rocks of Pennsylvania; Pennsylvania
Geologic Survey, Fourth Series. (1972)
[5]
Development of a Digital Model of Groundwater Flow in a Deeply
Weathered Crystalline Rock, Chester County, Pennsylvania; Water Resources
Investigation 80-2, United States Geological Survey. (1980)
[6]
Any study or studies developed by other agencies or developers
relating to sites in geologic proximity to the proposed site that
may provide information on the geology or hydrology of the site.
(3)
Phase II requirements. Prior to preliminary plan approval, the applicant
must submit all the elements of the Class 2 Zone C requirements, with
the following substitution:
The following requirements are to serve as the minimum information required for the completed hydrogeologic impact study for Class 2 and Class 3 wells. Applicants for Class 1 wells need not follow these requirements. Applicants for Class 1 wells are referred to the requirements discussed in § 368-4.
A.
Any study required under this article must be prepared by a registered
professional engineer or professional geologist licensed by the Commonwealth
of Pennsylvania. The study shall be required as part of the preliminary
plan submission requirements.
B.
The study shall certify that the following have been reviewed and
referenced:
(1)
Geology, Hydrology and Groundwater Quality of Chester County, Pennsylvania,
published by the Chester County Water Resources Authority as Water
Resource Report 2. (1994)
(2)
Water Resources Management Study, prepared by the Federation of Northern
Chester County Municipalities, Chester County, Pennsylvania. (1988)
(3)
Groundwater Resources of Chester County, Pennsylvania; Water Resources
Investigation 77-67, United States Geological Survey. (1977)
(4)
Engineering Characteristics of the Rocks of Pennsylvania, Pennsylvania
Geologic Survey, Fourth Series. (1972)
(5)
Any study or studies developed by other agencies or developers relating
to sites in geologic proximity to the proposed site which may provide
information on the geology or hydrology of the site.
C.
The text of the study shall contain only pertinent data analyses
and the methods used to arrive at significant conclusions shall be
described. The appendixes shall contain the raw data and summary data.
D.
All tables, maps, figures and other nontextual materials in the study
shall contain complete legends, titles and scales; they must be self-explanatory
and contain sufficient information to interpret them correctly. All
numerical parameters shall be presented with appropriate units.
E.
All materials taken from other sources shall be identified by source,
date, location and time, where appropriate.
F.
Every study shall contain a topographic map.
G.
All maps provided to describe site-specific features and impacts
shall be drawn at an appropriate scale and shall include, at a minimum,
the following:
H.
The study shall be expanded to provide a conclusive assessment of
expected conditions and impacts of the proposed development if these
general study requirements and the specific groundwater zone requirements
are insufficient to do so.
I.
The study shall set forth a detailed plan for the correcting of adverse
impacts, including but not limited to the following:
(1)
The lowering of any water level in neighboring wells to the point
of eliminating that well as a reliable source of water during a drought
condition.
(2)
Insufficient rate of flow from the well to provide for the water
supply needs of the development during drought conditions.
(3)
Reduction in low-flow discharge of streams affected by the wells.
J.
The study shall contain an estimate of predevelopment and post-development
runoff and assess the impacts on groundwater recharge.
K.
Where separate wells are proposed for individual lots, the study
shall demonstrate that each well is capable of producing five gallons
or more per minute or include provisions which allow the system to
deliver five gallons per minute for a period of 60 minutes.
If the applicant can demonstrate that the entirety of the property
in question as designed will have a recharge coefficient greater than
one, the applicant may request that portions of the Phase II permit
requirements be waived. This option does not apply to Class I permits.
A Class II or III well cluster with a recharge coefficient greater
than one may request to be held only to the Class I requirements,
so long as individual wells will not exceed an average production
of 1,000 gallons per day.
A.
Recharge coefficient formula.
The following formula shall be used to determine the recharge coefficient:
|
Number of dwellings x consumption coefficient = dwelling consumptive
loss (cubic feet)
|
|
Consumption Coefficients
| ||
|
Household:
| ||
|
Subsurface disposal = 1,711.85 cubic feet
| ||
|
Spray irrigation = 6,847.4 cubic feet
| ||
|
Stream discharge or off-site disposal = 17,118.5 cubic feet
| ||
|
Other:
| ||
|
17118.5 cubic feet x (1 - recharge rate) = consumption coefficient
(cubic feet)
| ||
|
Commercial/multiunit dwelling:
| ||
|
Expected usage x (1 - recharge rate) x 48.91 = consumption coefficient
(cubic feet)
| ||
|
Off-site water supply:
| ||
|
All consumption coefficients = 0 (cubic feet)
| ||
|
Impervious area (square feet) x 1.05 feet = recharge loss (cubic
feet)
| ||
|
Area1 (square feet) x recharge rate x
3.75 feet = design recharge1 (cubic feet)
| ||
|
Area2 (square feet) x recharge rate x
3.75 feet = design recharge2 (cubic feet)
| ||
|
Area3 (square feet) x recharge rate x
3.75 feet = design recharge3 (cubic feet)
| ||
|
Design recharge1, + design recharge2 + design recharge3 = Total design
recharge (cubic feet)
| ||
|
Total design recharge
Dwelling consumptive loss + recharge loss
|
= Recharge Coefficient
|
|
Where:
| |
|
"Areax" indicates the area served by
one runoff mitigation technique, e.g., french drains.
| |
|
"Recharge rate" denotes the recharge rate for the mitigation
technique. For instance, a french drain might return 90%, 0.9 of rainfall,
to the aquifer. These recharge rates should be documented or otherwise
justified. The validity of the rate will be considered when the waiver
is reviewed.
| |
A.
A water quality analysis shall be conducted on samples collected
at the end of a forty-eight-hour pump test for Class 2 wells and a
ninety-six-hour pump test for Class 3 wells. Water quality samples
shall be analyzed for the following:
B.
The samples of the water produced shall be subjected to examination
by a state-certified analytical water laboratory and shall be less
than the maximum contaminant levels of the primary drinking water
regulations and the maximum and secondary maximum contaminant levels
established by the United States Environmental Protection Agency (USEPA),
as amended. If other contaminants are suspected, they shall also be
analyzed for compliance with the maximum contaminant levels of the
National Primary Drinking Water Regulations.
C.
The study shall contain any anticipated water quality impact from
waste disposal on areas downgradient or along geologic strike. assuming
conservatively large loadings at low natural recharge rates equal
to one- and ten-year frequency.
D.
The study shall include water quality data for the site available
in other studies or referenced to same.
E.
Wells intended for use as a community water supply with a radon level
greater than 300 pCi/l shall be required to make design accommodations
for a radon removal system and shall be required to escrow the estimated
cost of the treatment system. The system shall be designed to treat
for the maximum contaminant level (MCL) established by USEPA. Upon
establishment of the MCL, the escrow will be adjusted to ensure that
the desired level of treatment will be achieved.
The owner of any well or test hole shall, upon proposal to abandon,
notify the Township. Unless the Township desires to acquire the well,
it shall be effectively sealed. All wells shall be abandoned in accordance
with the well abandonment procedures as stipulated in the PADEP Groundwater
Quality Protection Strategy.
A.
Forty-eight-hour drawdown. If an applicant is required to conduct
a forty-eight-hour continuous drawdown test as part of a Phase II
requirement, the test and analysis of the data shall be conducted
in the following manner:
(1)
The pumping test shall be conducted during a period of no recharge
or recharge shall be corrected and shown in the study. This means
that any recharge shall be factored out of the pumping test data.
(2)
The pumping test shall be conducted on the well yielding the least
water of a cluster as shown by the driller's log. Analyses shall
include all pumping and recovering data. Recovery must be to 90% of
the original static water level at the time the test began before
observations are concluded. The following hydrologic calculations
shall be made: transmissivity, hydraulic conductivity, specific capacity,
and specific yield or storativity where appropriate.
(3)
The test shall be conducted with a pumping rate equal to or greater than 125% of the proposed peak demand rate, and the test shall be conducted at this rate for a period of time equal to or greater than twice the peak demand period (48 hours' minimum). After this, if sufficient data is gathered to calculate the hydraulic characteristics mentioned in Subsection A(2) of this section, the pumping rate shall be cut back to a rate equal to or greater than the total daily demand rate and constant head, being described as no more than 1/2 foot of drawdown per 60 minutes of pumping. These data shall be shown in a table attached to the application.
(4)
The forty-eight-hour continuous drawdown test shall employ at least
three observation wells to be located at varying distances and directions
from the test well, as specified by the Township Hydrogeologist. All
supply sources on adjoining properties must also be monitored during
the test. All spring-fed supplies within a two-thousand-five-hundred-foot
radius of the proposed withdrawal shall be identified and monitored
during the test. Depending on the circumstances of the individual
property, additional wells may be required at the discretion of the
Township Hydrogeologist. These wells are subject to the Class 1 permitting
procedure, unless otherwise specified by the Township.
(5)
At least one pumping test conducted with an observation well shall
be required for each 50 acres of development. However, a pumping test
shall be required for each aquifer tapped, whether or not the tract
is less than 50 acres.
(6)
An analysis of this data shall be prepared by a registered professional
geologist or engineer using professionally accepted methods.
B.
Ninety-six-hour drawdown. If an applicant is required to conduct
a ninety-six-hour continuous drawdown test as part of a Phase II requirement,
the test and analysis of the data shall be conducted in the following
manner:
(1)
The pumping test shall be conducted during a period of no recharge
or recharge shall be corrected and shown in the study. This means
that any recharge shall be factored out of the pumping test data.
(2)
The pumping test shall be conducted on the well yielding the least
water as shown by the driller's log. Analyses shall include all
pumping and recovering data. Recovery must be to 90% of the original
static water level at the time the test began. The following hydrologic
calculations shall be made: transmissivity, hydraulic conductivity,
specific capacity, and specific yield, where appropriate.
(3)
The test shall be conducted with a pumping rate equal to or greater than 125% of the proposed peak demand rate and the test shall be conducted at this rate for a period of time equal to or greater than twice the peak demand period (96 hours' minimum). After this, if sufficient data are gathered to calculate the hydraulic characteristics mentioned in Subsection B(2) of this section, the pumping rate shall be cut back to a rate equal to or greater than the total daily demand rate and constant head, being described as no more than 1/2 foot of drawdown per 60 minutes of pumping. These data shall be shown in a table attached to the application.
(4)
The ninety-six-hour continuous drawdown test shall employ at least
three observation wells to be located at varying distances and directions
from the test well, as specified by the Township Hydrogeologist. All
supply sources on adjoining properties must also be monitored during
the test. All spring-fed supplies within a two-thousand-five-hundred-foot
radius of the proposed withdrawal shall be identified and monitored
during the test. Depending on the circumstances of the individual
property, additional wells may be required at the discretion of the
Township Hydrogeologist. These wells are subject to the Class 1 permitting
procedure, unless otherwise specified by the Township.
(5)
At least one pumping test conducted with an observation well shall
be required for each 50 acres of development. However, a pumping test
shall be required for each aquifer tapped, whether or not the tract
is less than 50 acres.
(6)
An analysis of this data shall be prepared by a registered professional
geologist or engineer using professionally accepted methods.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Where literal compliance with the requirements of this article
can be demonstrated by the applicant to be unreasonable or to cause
undue hardship, or when an alternative standard can be demonstrated
by the applicant to provide equal or better results, the Board of
Supervisors may, upon written request by the applicant, waive any
of the requirements of this article. All requests for waivers shall
be in writing, setting forth the grounds and facts upon which a claim
of unreasonableness or hardship or equivalent or superior standard
is based.
The Appendix to this article is incorporated herein and made
a part thereof, the said Appendix consisting of the following items:
The Board of Supervisors of the Township of West Vincent is
hereby authorized, from time to time, to adopt appropriate rules and
regulations providing for the implementation of the terms and conditions
of this article.
Any person who violates this article shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
Township, pay a penalty of $1,000 for each violation plus all court
costs, including reasonable attorneys' fees, incurred by the Township.
[Adopted 10-13-1997 by Ord. No. 84]
A.
This article shall be known and may be cited as the "West Vincent
Township Water System Ordinance."
B.
REGULATIONS
SERVICE LINE
SHUTOFF VALVE
SPECIFICATIONS
WATER METER
WATER SYSTEM
As used in this article, the following terms shall have the meanings
indicated:
The West Vincent Township Water Service Rules and Regulations
prepared by Tatman & Lee/Woodward Clyde, dated July 1997, as the
same may be amended from time to time.
The pipeline which connects the water main (commencing at
the shutoff valve) to a customer's plumbing facilities.
A valve placed within a shutoff box at or in close proximity
to the street right-of-way line, accessible for operation from the
surface of the ground for the purpose of interrupting flow through
a service line; also known as a "curb stop."
The Standards for Construction of Water and Wastewater facilities
for the Township of West Vincent, prepared by Tatman & Lee/Woodward
Clyde, dated March 15, 1996, as the same may be further amended from
time to time.
A device located within a meter pit, measuring and recording
the total flow of water consumed by a customer over a period of time.
All land, rights-of-way, water supply facilities, water treatment
facilities, distribution pipes and accessory facilities, and other
components of water supply owned and operated by the Township of West
Vincent, including any additional facilities acquired by the Township
from time to time.
The Township of West Vincent ("Township") is hereby authorized
to acquire, own, construct, manage, maintain, repair and rebuild a
municipal water system serving such parts of the Township as the Board
of Supervisors may from time to time determine. The Township Board
of Supervisors is hereby further authorized to adopt by resolution
approved by a majority of the Board the following supplementary provisions
to govern the Township's ownership and management of the municipal
water system or systems:
All financial transactions relating to the revenues received
and expenditures made on account of the municipal water system shall
be set aside and accounted for in separate books of account, applicable
only to the Township water system.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All plumbing fixtures and methods of installation shall comply
with the requirements of the Uniform Construction Code and shall also
comply with the Township's Specifications.
A.
Installation. All service lines from the mains to the premises served
shall be installed by, and at the cost of, the owner of the property
to be served or the applicant for the service. Such installation shall
be under the inspection of the Building Inspector. All such service
lines shall be the property of the owner and shall not be the property
of the Township, except that portion of a service pipe located within
a street right-of-way or other Township property. Service lines and
service line connections shall be in conformity with Section 2 of
the Township's Water Service Rules and Regulations and with the Township's
Specifications.[1]
[1]
Editor's Note: The Township's Water Service Rules and Regulations
("Regulations") and Standards for Construction of Water Facilities
("Specifications") are on file in the Township office.
B.
Lines. No service line shall be installed unless it conforms to the
Specifications.
C.
Repairs. All repairs for service lines and plumbing systems of buildings
shall be made by, and at the expense of, the owners of the premises
served. The Township may, in the case of an emergency, repair service
lines; if the Township so repairs any service lines, the cost of such
repair work shall be repaid to the Township by the owner of the premises
served.
D.
Shutoff boxes. Shutoff boxes or service boxes shall be placed on
every service line and shall be located between the curbline and the
sidewalk line where this is practical. Such boxes shall be so located
that they are easily accessible and shall be protected from frost.
A.
Meters required. All premises using the Township water system shall
be equipped with an adequate water meter, approved by the Township,
but installed and paid for by the owner of the premises to be served.
Before any premises are occupied, a water meter shall be installed
therein as herein required, to be located in a place of easy access.
B.
The Township shall read, or cause to be read, every water meter used
in the Township at such times as are necessary so that the bills for
water rents may be sent out at the proper times.
C.
Regulations and specifications. The installation and use of all water
meters shall be in conformity with the Township's Specifications
and the Township's Regulations.
D.
Water user rates. The Township shall charge all owners of premises
served by the Township water system a water rent or user fee ("water
rates") as authorized by Section 2604 of the Second Class Township
Code.[1] The water rates to be charged shall be as set forth in
a rate schedule resolution adopted by the Board of Supervisors, which
may be amended from time to time by resolution.
[1]
Editor's Note: See 53 P.S. § 67604.
A.
Invoices. Invoices for water used shall be dated and sent out at
such times as may be directed by the Board of Supervisors.
B.
Nonpayment. A water supply may be shut off from any premises for
which the water rent invoice remains unpaid for a period of 90 days
after the bill is rendered and mailed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Prior
to shutting off the water supply, the Township shall provide to the
owner of the premises written notice by certified mail of the Township's
intent to shut off the water supply on a certain date, which shall
be not less than 10 days from the mailing of the certified notice.
(2)
If
during the ten-day period the person liable for the payment of the
rental and charges delivers a written statement to the Township under
oath and affirmation that there is a just defense to all or part of
the claim, and that the statement was not executed for purpose of
delay, the water supply shall not be shut off until the claim has
been judicially adjudicated.
(3)
When
shut off, water shall not be turned back on except upon payment of
all overdue rentals, rates, charges, penalties, fees and interest
in full.
(4)
Shut
off of water supply to a building owned by a "landlord ratepayer,"
as that term is defined in the Pennsylvania Utility Service Tenants
Rights Act, Act of November 26, 1976, P.L. 1255, No. 299 (the "USTRA"),
shall be done in accordance with the provisions of the USTRA.
C.
Liens. All charges for water shall be a lien upon the premises served.
Whenever an invoice for water service remains unpaid 90 days after
it has been rendered, the Township Manager may file with the public
offices of Chester County a statement of lien claim. Such statement
shall contain an identification of the premises (by tax parcel number
and owner), the amount of the unpaid invoice, and a notice that the
Township claims a lien for such amount as well as for all charges
for water served subsequent to the period covered by the invoice,
costs of recording the lien, and reasonable attorneys' fees for such
action.
D.
Bills and payments. The procedures for billing and payments shall
be as set forth in the Township's Regulations.
No person shall open any fire hydrant except for the bona fide
purposes of firefighting usage and/or maintenance by Township personnel.
All Township employees and officials shall have access at reasonable
hours to all parts of the premises to which water is supplied by the
Township water system: in order to make necessary examinations, wherever
there is reason to believe that there are leakages, or for other bona
fide purposes relating to proper administration of the water system.
The Board of Supervisors may, at any time in which the Board
determines, in its reasonable discretion, that normal water usage
may adversely affect the ability of the Township to properly maintain
necessary water supplies, to order a reduction in water usage. In
such event, the terms and conditions of such reduction in water usage
shall be specifically set forth in a motion or resolution passed by
the Board of Supervisors.[1]
A.
Water utilization without a meter hookup. It shall be a violation
of this article for any person to utilize water from the Township
water system without such usage being properly metered in accordance
with this article. In the event of such unauthorized usage, the owner
of the premises shall remain liable for back charges for unauthorized
water usage in an amount which equals the average water usage for
all premises of similar type within the water system for the period
of time of such unauthorized usage.
B.
Any person who shall break, injure or do any damage to the Township's water system, including both the water plant and the pipes laid for passage of the water, or to the fire hydrants or other accessory fixtures appertaining to the water distribution system, shall be in violation of the terms of this article. In addition to being assessed a civil penalty as specified in § 368-25, any such person shall be financially responsible to repay the Township all expenses incurred in repairing such damage.
Any person who has violated the terms of this article shall,
upon judgment of the Magisterial District Judge, pay a civil penalty
in an amount not to exceed $500. In the event of intentional violations
of this article, each day of continued violation shall constitute
a separate offense. Nothing herein shall prevent the Township from
seeking enforcement of this article by civil action in the Court of
Common Pleas of Chester County.
