[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]
1.
This Part is adopted and enacted pursuant to the authority granted
to the Township by all relevant state and federal laws, including,
but not limited to, the following:
A.
The provisions of the Second Class Township Code, 53 P.S. § 65101
et seq., which provide among Township responsibilities the duty to
protect and preserve the natural resources and human resources; and
to promote, protect, and facilitate public health, safety, and welfare.
B.
The provisions of the Second Class Township Code, 53 P.S. § 65101
et seq., which authorize the Township to enact ordinances dealing
with the protection of Township residents, health, nuisances, and
promotion of public safety.
[Ord. 1-2004, 6/21/2004]
1.
The Covington Township Supervisors make the following findings in
support of the passage of this Part. The Township finds:
A.
That private wells serving residential and small business uses may
be threatened by new uses which propose large scale withdrawals of
water from Township water resources.
B.
That water supplies within the Township are limited and should be
protected to afford the greatest beneficial use to Township citizens
and existing businesses, which depend on current water supplies for
their livelihood, health, welfare, and economic production.
C.
That taking steps to ensure clean, wholesome, and adequate water
supplies to the residents of the Township is a high priority in protecting
the health, safety, and welfare of Township residents.
D.
That, therefore, proponents of any new construction or new use which
is likely to result in large-scale water withdrawals should be required
to show that those withdrawals will not adversely affect water supplies
currently being used by Township citizens and existing businesses
in Covington Township; and, that if a proposed new construction or
new use will adversely affect water supplies in the Township, such
proposed new construction or new use shall be disallowed or discontinued.
[Ord. 1-2004, 6/21/2004]
Diminution in the quantity or quality of a water supply.
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.
Any new land development that results in increased water
withdrawal or consumption.
Covington Township Water Supply Protection Ordinance [this
Part].
Covington Township, including the Covington Township Supervisors.
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.
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.
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]
1.
No person or entity proposing new construction or new use on real
property located within the Township, which will result in large-scale
water withdrawals, shall adversely affect private or public well water
supplies within a three-mile radius of the proposed new construction
or new use.
2.
Any large-scale water withdrawal having an adverse affect on a private
or public well water supply, and any violation of this Part, is hereby
declared to be a public nuisance.
[Ord. 1-2004, 6/21/2004]
1.
Prior to submitting a building permit application to the Township,
any person or entity proposing new construction or new use on real
property located within the Township shall first determine the amount
of water consumption that such new construction or new use would result
in on an average daily basis. In the case of an industrial facility,
the water consumption determination shall be based on the facility's
maximum operating potential during a twenty-four-hour period.
2.
If a prospective building permit applicant determines that the proposed
new construction or new use will result in, or is likely to result
in, large-scale water withdrawal, the prospective applicant shall
ensure that a water impact study is conducted prior to submitting
the building permit application. Following completion of a water impact
study, a building permit applicant for new construction or new use
shall submit a water impact study report along with the building permit
application at the time the application is submitted.
3.
If the Township Supervisors independently determine that proposed
new construction or new use will result in, or is likely to result
in, large-scale water withdrawal, the building permit application
process shall be suspended until a water impact study is conducted
and the applicant submits a water impact study report to the Township.
A Township determination that a water impact study is required shall
be promptly communicated to a building permit applicant.
4.
Water impact study requirements contained herein shall supersede
and toll any mandatory issuance deadlines imposed by other Township
ordinances.
[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]
1.
If a water impact study report demonstrates to the Supervisors'
satisfaction that the proposed new construction or new use will not
have an adverse affect on the water supply of wells within a three-mile
radius of the proposed new construction or new use, then the Township
shall process the building permit application in the normal fashion.
2.
If a water impact study report demonstrates to the Supervisors'
satisfaction that the proposed new construction or new use will have
an adverse affect on the water supply of wells within a three-mile
radius of the proposed new construction or new use, then the Township
shall deny the building permit application.
[Ord. 1-2004, 6/21/2004]
1.
If the Township Supervisors determine, during the course of operation
of new construction or new use, that a previously productive well
fails to yield water as a result of, or is otherwise adversely affected
by, large-scale water withdrawal of the new construction or new use,
the Township may require the building permittee, the owner/operator
of the new construction or new use, and/or the landowner of the property
where the new construction or new use is situated, to compensate the
adversely affected well owner for the expense of drilling a new well,
or otherwise obtaining an adequate replacement supply of potable water.
An adequate replacement supply shall be determined by the number of
gallons per day which was previously used by the adversely affected
well owner.
2.
Nothing in this section is intended, nor shall be construed, as abridging,
limiting, or otherwise affecting any private cause of action that
an adversely affected well owner may have. Further, any activity or
condition declared to be a public nuisance by this Part shall be abatable
in the manner provided by law or equity for the abatement of public
nuisances.
[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:
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.
The extension from the water system of any structure to the
lateral of a main.
The Commonwealth of Pennsylvania.
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.
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.
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipality authority, or other
group or entity.
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.
All facilities, as of any particular time, for supply, transmission,
and distribution of water, owned by the Authority.
[Ord. 1-2016, 1/4/2016]
1.
The owner of any improved property which is located in the Township
which is adjoining and adjacent to the water system of the Authority
or whose principal building is within 150 feet of part of the water
system shall connect such improved property with such main via a lateral
and shall use such water system, in such manner as the Authority may
require, within 90 days after notice to such owner from the Township
and/or the Authority to make such connection; subject, however to
such limitations and restrictions as shall be established herein or
otherwise shall be established by the Township or the Authority from
time to time. Connections shall be performed in accordance with the
requirements of Pennsylvania law, DEP regulations and Authority guidelines
and the Second Class Township Code.
2.
The notice by this Township or the Authority to make a connection to a main, referred to in Subsection 1, shall consist of a copy of this Part, including any amendments and supplements at the time in effect, or a summary hereof, and a written, printed document requiring the connection in accordance with the provisions of this Part and specifying that such connection shall be made within the guidelines set forth in the Township Code and the Municipality Authorities Act.
[Ord. 1-2016, 1/4/2016]
1.
No person shall uncover, shall connect with, shall make any opening
into or shall use, shall alter, or shall disturb, in any manner, any
lateral or any other part of the water system without first obtaining
a permit, in writing, from the Authority.
2.
Application for a permit required under Subsection 1 shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
3.
No person shall make or shall cause to be made a connection of any
improved property with a lateral until such person shall meet each
of the following conditions:
A.
Such person shall have notified the Authority of the desire and intention
to connect such improved property to a lateral;
C.
Such person shall have given the appropriate representative of the
Authority at least 48 hours' notice of the time when such connection
will be made so that the Authority or this Township may supervise
and inspect or may cause to be supervised and inspected the work of
connection and necessary testing; and
D.
If applicable, such person shall have furnished satisfactory evidence
to the appropriate representative of the Authority that any tapping,
connection, and customer facility fee that may be charged and imposed
by the Authority against the owner of each improved property who connects
such improved property to a lateral has been paid.
4.
Except as otherwise provided in this Subsection 4, each improved property shall be connected separately and independently with a lateral through a building main. Grouping of more than one improved property on one building main shall not be permitted, except under special circumstances and for good cause shown, but then only after special permission of the Authority, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by the Authority and this Township.
5.
All costs and expenses of construction of a building main and all
costs and expenses of connection of a building main to a lateral shall
be borne by the owner of the improved property to be connected; and
such owner shall indemnify and shall save harmless this Township and
the Authority from all loss or damage that may be occasioned, directly
or indirectly, as a result of construction of building main or of
connection of a building main to a lateral.
6.
A building main shall be connected to a lateral at the place designated
by the Authority. A smooth, neat joint shall be made, and the connection
of a building main to the lateral shall be made secure and watertight.
7.
If the owner of any improved property located within this Township and abutting upon any street in which there is a main constituting part of the water system, after 90 days' notice from this Township and/or Authority, in accordance with § 26-202, Subsection 1, shall fail to connect such improved property, as required, this Township and/or Authority may enter upon such improved property and may construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law.
8.
The Authority is authorized to impose connection fees and tap-in
fees and recover costs as pursuant to ordinance, resolution, Pennsylvania
law and the Municipality Authorities Act. All connection fees and
tap-in fees shall be calculated in accordance with those provisions
found in the Municipality Authorities Act.
[Ord. 1-2016, 1/4/2016]
1.
No building main shall be covered until it has been inspected and
approved by the Authority. If any part of a building main is covered
before so being inspected and approved, it shall be uncovered for
inspection at the cost and expense of the owner of the improved property
to be connected to a lateral.
2.
Every building main on any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
3.
Every excavation for a building main shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Any street, sidewalk, or other public property disturbed in
the course of installation of a building main shall be restored, at
the cost and expense of the owner of such improved property being
connected, in a manner satisfactory to the Authority and this Township.
4.
If any person shall fail or shall refuse, upon receipt of notice
of this Township or the Authority, in writing, to remedy any unsatisfactory
condition with respect to a building main within 60 days of receipt
of such notice, this Township or the Authority may refuse to permit
such person to be served by the water system until such unsatisfactory
condition shall have been remedied to the satisfaction of this Township
and the Authority.
5.
This Township and the Authority reserve the right to adopt, from
time to time, additional rules and regulations as they shall deem
necessary and proper relating to connections with a lateral and with
the water system, which additional rules and regulations, to the extent
appropriate, shall be and shall be construed as part of this Part.
[Ord. 1-2016, 1/4/2016]
1.
Any person who shall violate this Part shall be liable, upon summary
conviction for a first offense and upon summary conviction for each
subsequent offense, to a fine of not more than $1,000, or the maximum
amount permitted by law, together with costs of prosecution in each
case. Each day that a violation shall continue shall be deemed and
shall be taken to be a separate offense and shall be punishable as
such.
2.
Fines and costs imposed under the provisions of this Part shall be
enforceable and recoverable in the manner at the time provided by
applicable law and shall be payable to this Township and/or 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.
