[HISTORY: Adopted by the Board of Supervisors of the Township of West Vincent as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Well Permit Application, Permit A-1 and A-2Attachment 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:
APPLICANT
The owner or administrator of a property who is seeking a permit to withdraw the underground waters of the Township.
AVERAGE DAILY DEMAND
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
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.
CCHD
Chester County Health Department.
DRBC
Delaware River Basin Commission.
DRILLING
All acts necessary in the construction of wells, such as drilling, boring, coring, washing, digging, driving or jetting.
HYDRAULIC CONDUCTIVITY
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.
PADEP
Pennsylvania Department of Environmental Protection.
PEAK DEMAND
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.
PERSON
A corporation, partnership, municipal authority, or association, as well as a natural person.
SPECIFIC CAPACITY
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.
SPECIFIC YIELD, STORAGE COEFFICIENT or STORATIVITY
The volume of water absorbed or released by a unit volume of an aquifer for a given unit change in hydraulic head.
TOWNSHIP
The Township of West Vincent.
TOWNSHIP HYDROGEOLOGIST
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.
TRANSMISSIVITY
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.
UNDERGROUND WATERS
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.
WELL
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.
WELL CLUSTER
Any subdivision creating four or more lots to be served by individual wells.
WELL DRILLER
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.
(3) 
Class 3 permit. A Class 3 permit applies to wells or well clusters producing on average more than 10,000 gallons per day. There are additional requirements, as described in § 368-4, Permit procedure, of this article.
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.
(2) 
Phase I requirements.
(a) 
A Chester County Health Department well drilling permit shall accompany the West Vincent well drilling permit application.
(b) 
The drilling permit application shall be submitted with the building permit application to the Township Manager on forms provided by the Township.
(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.
(h) 
Additional requirements based on groundwater zone:
[1] 
Zone C requirements. A map of linears based on aerial photo interpretation shall be required as part of Phase I for well development within Zone C.
(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:
[i] 
A flow net of the static groundwater conditions of both the site and the two-thousand-foot buffer before pumping;
[ii] 
An inventory of the known and suspected fractures within both the site and the two-thousand-foot buffer; and
[iii] 
A water quality analysis fulfilling the requirements of § 368-7 of this article.
[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:
(a) 
Instead of the forty-eight-hour continuous drawdown test, the applicant shall conduct a ninety-six-hour continuous drawdown test in compliance with the description given in § 368-9 of this article. This requirement applies to all groundwater zones within the Township.
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:
(1) 
The area 2,000 feet beyond the perimeter of the proposed development
(2) 
The area impacted by the proposed development with respect to the pumping drawdown of one foot or greater or any anticipated degradation in water quality if this area extends beyond the limits of the parcel.
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:
(1) 
United States Environmental Protection Agency selected constituents in drinking water, as amended.
(2) 
Fecal coliform bacteria.
(4) 
Odor.
(5) 
Detergents (ABS).
(6) 
Turbidity.
(7) 
Total dissolved solids.
(8) 
Total petroleum hydrocarbons.
(9) 
Radon.
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:
A. 
Permit A-1.
B. 
Permit A-2.
C. 
Permit B-1.
D. 
Permit B-2.
E. 
USEPA Listing of Selected Drinking Water Constituents in Drinking Water.
F. 
Map of Groundwater Zones.
G. 
Well Approval Process Flow Chart.
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. 
As used in this article, the following terms shall have the meanings indicated:
REGULATIONS
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.
SERVICE LINE
The pipeline which connects the water main (commencing at the shutoff valve) to a customer's plumbing facilities.
SHUTOFF VALVE
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."
SPECIFICATIONS
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.
WATER METER
A device located within a meter pit, measuring and recording the total flow of water consumed by a customer over a period of time.
WATER SYSTEM
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:
A. 
Water Service Rules and Regulations ("Regulations").
B. 
The Standards for Construction of Water Facilities ("Specifications").
C. 
A Schedule of Water User Rates, Fees, and Other Charges ("Rate Schedule").
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]
[1]
Editor's Note: Original Section 11 of the ordinance, water conservation, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.