[HISTORY: Adopted by the Board of Supervisors of the Township of Kidder 12-8-1987 by Ord. No. 58. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Kidder Township Well Ordinance."
The intention of this chapter is to insure and protect the quality and suitability of domestic, commercial or industrial water supply, and to secure and maintain the minimum required isolation distances between water supplies and sewage disposal systems or other sources of contamination.
This chapter shall apply to all wells which have not been completed, or which are not in operation or in operable condition at the effective date of this chapter.
This chapter shall further apply to the reconstruction, major repair and other changes to existing wells, when, in the opinion of the Inspecting Officer, such reconstruction, major repair and other changes may affect the quality and suitability of the water supply on the property upon which the well is constructed or on surrounding properties.
All wells shall be constructed at a minimum distance of 100 feet from any existing subsurface sewage disposal drain field, or from any location where such a drain field may reasonably be located on adjacent premises.
No construction, drilling, digging, reconstruction, major repair or other change of or for any well for the production of water for domestic, commercial or industrial purposes shall commence unless the property owner, or his duly authorized agent, shall apply for and receive a permit for such construction activity from the Township of Kidder.
Application for such a well permit shall be made upon a form supplied by the Township, and shall be submitted to the Township Secretary or duly authorized Inspecting Officer of the Township.
The said application shall set forth the name or names of owners of the property, the address or location of the property, a scale or sketch of the premises showing the proposed location of the well, the location or proposed location of all buildings and septic tanks and drain fields, the boundary lines of the premises upon which the well is proposed to be located, the boundary line of all adjacent premises, and such other information as may be required thereon.
Upon receipt of an application for a well permit, the Township, through its duly authorized Inspecting Officer, shall within 30 days perform an inspection of the premises on which the well is to be constructed. The inspection shall be conducted in accordance with the provisions of this chapter and the provisions of the Township Sewage Ordinance. Upon completion of the inspection, the Inspecting Officer shall either issue a permit to the applicant indicating the approved location for the well and special instructions for construction, if any; or refuse to issue the said permit, and, in such event, shall provide the applicant with written reasons for such refusal.
All permits shall be issued on a form provided by the Township, which shall be executed by the duly authorized Inspecting Officer. Permits shall be prepared in triplicate, and distribution of copies shall be made as follows:
Upon the notification by the applicant of completion of construction, or at such other time as the Inspecting Officer may deem appropriate, the Township, through its duly authorized Inspecting Officer, shall perform a final inspection of the well to determine whether there has been compliance with the permit issued. Upon completion of the said inspection, the Inspecting Officer shall issue an approval of operation upon the original permit, or deny such approval due to noncompliance with the permit issued, in which latter event written reasons for such denial shall be noted.
All applications for a well permit shall be accompanied by a fee payable to the Township of Kidder in accordance with a schedule of fees established from time to time by resolution of the Board of Supervisors of the Township of Kidder.
All permits shall be in effect as of the date of issuance and shall remain in effect for a period of three years. In the event that construction under the permit has not been completed at the expiration of three years from the date of issuance, the permit shall expire and the validity of the permit shall cease and terminate.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
Upon discovery of any violation of this chapter, the Township may, at its option, forego any prosecution hereunder, and may grant to the owner a period of 30 days to comply with the provisions of this chapter. Upon failure of the owner to effect such compliance, the Township may initiate prosecution as hereinabove set forth.
For the purpose of this chapter, each day of a continuing violation shall be considered a new and additional violation of this chapter.
No responsibility or liability for the construction of any well shall be deemed to be placed upon the Township of Kidder, or its officers, agents, or employees by virtue of the terms of this chapter or otherwise.