[Ord. No. 2018-01, 3/7/2018]
1. The capitalized terms in this Part 1C shall have the meanings set
forth in Shrewsbury Township Ordinance No. 2010-07, Wellhead Protection
Ordinance.
2. As used in this Part 1C, the following terms shall have the meanings
indicated:
PRIVATE WATER SYSTEM
A well and related facilities located on and serving an Improved
Property in the Township.
PRIVATE WELL
A well located on an Improved Property, which is part of
its Private Water System.
WELLHEAD
The wellhead of a Private Well.
[Ord. No. 2018-01, 3/7/2018]
1. The owner of any Improved Property in the Township, which is also
located (in any part) in the Shrewsbury Borough Wellhead Protection
Overlay District, shall discontinue use of any Private Water System
or Private Well previously utilized to provide water to the Improved
Property within 30 days following connection to a Company's Water
System or following 30 days' written notice from the Borough,
regardless of when such connection to a Company's Water System
occurred. See Exhibit A for a list of properties that may or may not
have a Private Well and are not connected to the Company's Water
System. Improved Properties required to be or connected and served
by the Company's Water System shall not be permitted to retain
a Private Water System or Private Well for any purpose, except as
specifically authorized herein. Capping and sealing of the Private
Well shall be at the expense of the Borough. This Part 1C is not intended
and should not be interpreted as a mandatory connection ordinance
and does not create an obligation that any owner of Improved Property
connect his Improved Property to the Company's Water System.
[Ord. No. 2018-01, 3/7/2018]
1. Certain owners of Improved Property in the Township were previously
connected to the Company's Water System with the specific understanding
as conveyed to them in writing by the Company that they would be allowed
to retain their Private Well and one exterior spigot. Those properties
have been identified by the Borough and noted in its records (see
Exhibit B). The owners of those Improved Properties may retain their
Private Wells and one exterior spigot, subject to satisfying each
one of the conditions set forth below:
A. The Property owner shall submit to the Borough, on a form provided
by the Borough, and no less than annually or upon request, written
confirmation that the Private Well continues to function properly,
remains in use, and has therefore not been abandoned.
B. All owners of any Improved Property allowed to retain their Private
Water System must abandon, cap and seal properly the Private Well
on or before conveyance by deed of any of the Improved Property to
a third party. To the extent that the Property owner, which qualified
for Private Well retention per this section, desires or must abandon,
cap and seal his Private Well, the Borough shall complete the work
at its expense, provided that such work is requested within 20 years
following the effective date of this Part 1C.
C. The owners of any Improved Property shall not take any action, allow
others to take any action, or fail to act, if such action or inaction
could cause contamination to the Private Well or could adversely affect
the Water System.
[Ord. No. 2018-01, 3/7/2018]
1. If a Property owner requests and is granted permission to retain a Private Water System in accordance with §
26-133 above and complies with all the provisions set forth herein or as implemented from time to time as authorized herein, the Private Water System may be retained. If the right to retain the Private Water System or Private Well terminates pursuant to any provision herein, Shrewsbury Borough will be responsible for the proper capping and sealing of the Private Well at the Borough's expense, provided that such work is requested within 20 years following the effective date of this Part 1C. After the twenty-year period, the Borough will still be responsible for the proper closing of the Private Well, but the reasonable expense will be that of the Property owner. No third party shall be authorized to conduct the closing of the Private Well.
2. When required, or voluntarily requested by a property owner, the
Private Well shall be abandoned, capped and sealed, in accordance
with the Water-Well Abandonment Guidelines promulgated by the Pennsylvania
Department of Environmental Protection, or in accordance with other
guidelines as may be approved or promulgated by resolution of the
Township from time to time in the future.
[Ord. No. 2018-01, 3/7/2018]
1. All Private Wells within the Borough Wellhead Protection Overlay
District shall be inventoried by the Borough, as set forth below:
A. The location of the Private Well shall be identified to allow the
coordinates to be inserted into the Borough's Geographic Information
System (GIS) mapping system.
B. All Borough personnel conducting on-site inspections shall provide
photo identification to the Improved Property owner or the occupant
of the premises.
C. All Private Wells located outside of a structure will not require
the presence of the Improved Property owner. The Borough shall provide
advance written notice to the owner of the inspection schedule, which
will include a block of dates and times. Improved Property owners
who wish to be present during the inspection may contact the Borough
to schedule an appointment.
D. All Private Wells located inside of a structure shall require advance
written notice from the Borough to the Improved Property owner. A
mutually agreed upon inspection date and time will be made.
E. If a new Private Well is installed within the Shrewsbury Borough
Wellhead Protection Overlay District, it shall be the responsibility
of the owner of the Improved Property to notify the Borough of the
new Private Well so that it can be inventoried and added to the Borough
GIS mapping system.
[Ord. No. 2018-01, 3/7/2018]
1. All Private Wells within the Borough Wellhead Protection Overlay
District shall be subject to inspection by the Borough, as set forth
below:
A. The initial inspection of all Private Wells should be completed within
three months from the date of adoption of this Part 1C. Thereafter,
the Borough shall conduct inspections on an annual basis of approximately
20% of the wells, with all wells being inspected every five years,
at minimum.
B. The Private Well shall be inspected by the Borough to confirm that
all components thereof follow the Borough's Wellhead Inspection
Checklist (Exhibit C). All inspections shall be performed at the expense of the
Borough. Any fees, costs or expenses necessary to repair or to maintain
the Private Well and Private Water System in good working order and
in accordance with applicable law shall be the sole expense of the
owner of the Improved Property.
(1)
Such inspection shall include confirmation by the Borough, in
its reasonable discretion, that:
(a)
Cap is watertight and tamper-evident with a seal (see Exhibit
D).
(b)
No debris is inside well cap.
(c)
Acceptable height of well cap above finished grade.
(d)
Grout condition is acceptable.
(e)
Casing condition is acceptable.
(f)
Animals are not tethered to the Wellhead.
(g)
No animal enclosure/compound (or any portion thereof) is located
within 20 feet of the Wellhead. The enclosure of the entirety of the
backyard of an Improved Property shall not be considered an enclosure
or compound that violates this requirement.
(h)
Such other items or testing as might be necessary or reasonable
in the opinion of the Borough.
(collectively the "Inspection")
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C. The Private Well shall be secured with a vented, watertight, tamper-evident
seal cap. If such cap is not already in place, the Improved Property
owner shall be responsible to install the required cap. (See Exhibit
D for parameters.)
D. Shrewsbury Borough shall have the right to access the Improved Property
and to inspect the Private Well, per the provisions set forth herein.
E. If a Private Well does not pass Inspection, the owner of the Improved
Property will be notified, in writing, to include the following:
(1)
A description of the deficiencies and recommended remedies.
(2)
Required repairs shall be at the expense of the Improved Property
owner.
(3)
Repair work shall be completed within 90 days from the date
of the notice from the Borough.
(4)
After repairs have been completed, a follow-up Inspection shall
be conducted in accordance within this section.
F. If a Private Well fails Inspection and the owner of the Improved
Property does not, or is unable to, correct the deficiencies within
the required time period, as stated here within, the corrective action
shall be as follows:
(1)
If the Improved Property is connected to Company's Water
System, the Private Well must be abandoned.
(2)
If the Improved Property is not connected to Company's
Water System, the Improved Property must be connected to the Company's
Water System.
G. The Property Owner shall submit to the Borough, on a form provided
by the Borough and no less than annually or upon request, written
confirmation that the Private Well continues to function properly,
remains in use, and has therefore not been abandoned. If a Private
Well has not been in use for one year, it shall be considered abandoned
and shall be closed in accordance with this Part 1C.
[Ord. No. 2018-01, 3/7/2018]
1. Private Wells within the Borough Wellhead Protection Overlay District
are not subject to routine, mandatory water testing; however, certain
events may require testing for certain Private Wells, as set forth
below:
A. If an Inspection indicates a potential, or likely, exposure to contamination
of the aquifer, the Borough may test the Private Well water, at the
Borough's expense.
B. If an Inspection determines that the tamper-evident seal in not intact
on the well cap, testing of the well water shall be required, at the
expense of the owner. If the Improved Property owner breaks the tamper-evident
seal to allow maintenance of the Private Well, and notifies the Borough
at that time, there will be no mandate for water testing.
C. If the owner of the Improved Property chooses to voluntarily have
the Private Well tested, the testing cost shall be the sole expense
of the owner of the Improved Property. If desired, the Borough will
provide personnel to collect the test sample on behalf of the owner,
at no cost to the owner for the collection.
D. Results of any water testing by the Borough, regardless of the reason,
shall be provided to the Owner of the Improved Property.
E. If the results of a water test indicate contamination that is not
a natural element, the Borough shall have the right to test adjacent
Private Wells, at the expense of the Borough, to determine the source
of the contamination.
F. Any corrective action required because of the testing results shall
be the sole expense of the Owner of the Improved Property.
[Ord. No. 2018-01, 3/7/2018]
1. Any Person who shall violate this Part 1C or the Rules and Regulations
incorporated by reference herein shall be subject, upon being found
guilty thereof in a legal enforcement proceeding commenced by the
Township, to a penalty of not less than $500 nor more than $1,000,
together with all court and related costs, and reasonable attorneys'
fees, other professional time and staff time, and expenses incurred
by the Township or the Borough. The Township hereby authorizes the
Borough to undertake such enforcement efforts on its behalf. Each
day that a violation shall continue shall be deemed to be a separate
offense.
2. Any penalty, fines and costs imposed under provisions of this Part
1C shall be enforceable and recoverable in the manner provided by
applicable law.
3. Nothing in this section shall prohibit the Township or Borough from
enforcing the provisions of this Part 1C by any other remedy available
at law or in equity, and the remedies provided herein shall be cumulative
and concurrent.
[Ord. No. 2018-01, 3/7/2018]
1. Such other reasonable rules or regulations may be implemented from
time to time by resolution by the Township, following written notice
to the Property Owner.
2. In the event any provision, section, sentence, clause or part of
this Part 1C shall be held to be invalid, such invalidity shall not
affect or impair any remaining provision, section, sentence, clause
or part of this Part 1C, it being the intent of this Part 1C that
such remainder shall remain in full force and effect.
3. It is declared that enactment of this Part 1C is necessary for the
protection, benefit, and preservation of the health, safety, and welfare
of the residents of the Borough and the Township. By way of explanation
and not limitation, this Part 1C will serve to protect the Water System
and the underground sources that provide water to it.
4. This Part 1C shall become effective five days following passage.
This Part 1C shall be applicable to all Improved Properties located
in the Township in a Shrewsbury Borough Wellhead Protection Overlay
District, regardless of whether they have connected or will connect
in the future to a Company's Water System.
5. All ordinances, or parts of ordinances, inconsistent herewith expressly
are repealed.