[Ord. 1-2004, 6/21/2004]
The name of this Part shall be the "Covington Township Water
Supply Protection Ordinance."
[Ord. 1-2004, 6/21/2004]
LARGE-SCALE WATER WITHDRAWAL
Any withdrawal of water from a water source within Covington
Township that consumes more than 5,000 gallons of water per any twenty-four-hour
period, or any proposed withdrawal of water from a water source within
Covington Township that is anticipated to consume more than 5,000
gallons of water per any twenty-four-hour period.
ORDINANCE
Covington Township Water Supply Protection Ordinance [this
Part].
TOWNSHIP
Covington Township, including the Covington Township Supervisors.
WATER IMPACT STUDY
A comprehensive study performed by two certified hydrologists
holding a Ph.D. in the field, which evaluates the impact of proposed
new construction or new use on private and public well water supplies
within a three mile radius of the proposed new construction or new
use. A listing of acceptable hydrologists and firms employing certified
hydrologists will be maintained by the Township and will be made available
to prospective building permit applicants. The two hydrologists employed
by the prospective building permit applicants shall be employed by
different firms or independent practices.
WATER IMPACT STUDY REPORT
A report of professional quality written in plain, understandable
English, that describes a water impact study and the findings and/or
results of the study.
WATER SUPPLY
Any source of water that is serving one or more water wells,
whether public or private, and any public water system as defined
in the Pennsylvania Safe Drinking Water Act, 35 P.S. § 721.1
et seq., and the regulations promulgated thereunder.
[Ord. 1-2004, 6/21/2004]
The water impact study required by this Part shall be conducted
by two certified hydrologists holding a Ph.D. in the field, and approved
by the Township Supervisors. The costs associated with conducting
the water impact study, as well as the costs of preparing and submitting
the water impact study report to accompany a building permit application
shall be borne in their entirety by the prospective applicant for
a building permit.
[Ord. 1-2004, 6/21/2004]
If the Township Supervisors determine, during the course of
operation of new construction or new use, that two or more previously
productive wells fail to yield water as a result of, or are otherwise
adversely affected by, large-scale water withdrawal related to the
new construction or new use, the Township Supervisors shall have the
authority to enjoin water withdrawal by the new construction or new
use.
[Ord. 1-2004, 6/21/2004]
Within 14 days after the submission of a building permit application
supported by a water impact study report, the Township shall conduct
a public hearing and receive comments from the public on the proposed
new construction or new use. At this public hearing, Township residents
shall have an opportunity to submit information in support of, or
in opposition to, the water impact study report submitted by the building
permit applicant. The Township shall make copies of the water impact
study report available to the public at least five business days prior
to the public hearing.
[Ord. 1-2004, 6/21/2004]
Within 14 days after the public hearing required by §
26-111, the Township Supervisors shall make a final decision to approve or deny a building permit application supported by a water impact study report.
[Ord. 1-2004, 6/21/2004]
If the Township Supervisors determine that information contained
within the water impact study report was misleading, factually inaccurate,
or that a building permit applicant purposefully omitted essential
information which would have altered the final decision made by the
Township Supervisors to issue a building permit, the Supervisors shall
revoke the building permit and initiate legal action to enjoin the
building permittee from continuing with construction or operation
of the new construction or new use.
[Ord. 1-2016, 1/4/2016]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms and phrases used in this Part shall be as follows:
AUTHORITY
The Upper Tioga River Regional Authority, a municipality
authority incorporated pursuant to provisions of the Municipality
Authorities Act, 53 Pa.C.S.A. Ch. 56, of the commonwealth.
BUILDING MAIN
The extension from the water system of any structure to the
lateral of a main.
IMPROVED PROPERTY
Any property within this Township upon which there is erected a structure capable of continuous or periodic habitation, occupancy, or use by human beings or animals, except those industries and farms which have their own supply of water for uses other than human consumption to the extent described in §
26-202, Subsection
1, hereof.
LATERAL
That part of the water system extending from a main to the
curbline or, if there shall be no curbline, to the property line or,
if no such lateral shall be provided, then "lateral" shall mean that
portion of, or place in, a main which is provided for connection of
any building main.
MAIN
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
PERSON
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipality authority, or other
group or entity.
TOWNSHIP
The Township of Covington, Tioga County, Pennsylvania, a
political subdivision of the commonwealth, acting by and through its
Board of Supervisors or, in appropriate cases, acting by and through
its authorized representatives.
WATER SYSTEM
All facilities, as of any particular time, for supply, transmission,
and distribution of water, owned by the Authority.
[Ord. 1-2016, 1/4/2016]
This Part shall become effective as provided by law.
[Ord. 1-2016, 1/4/2016]
In the event any provision, section, sentence, clause, or part
of this Part shall be held to be invalid, such invalidity shall not
affect or impair any remaining provision, section, sentence, clause,
or part of this Part, it being the intent of this Township that such
remainder shall be and shall remain in full force and effect.
[Ord. 1-2016, 1/4/2016]
It is declared that enactment of this Part is necessary for
the protection, benefit, and preservation of the health, safety, and
welfare of inhabitants of this Township.
[Ord. 1-2016, 1/4/2016]
All ordinances or parts of ordinances and all resolutions or
parts of resolutions that are inconsistent with this Part shall be
and the same expressly are repealed.