[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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.[1] 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.
[Amended 2-19-1991]
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.
A.
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.
B.
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.
C.
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.
