ORDINANCE NO. 151
AN
ORDINANCE OF
An Ordinance of Kennett Township (hereinafter "Township"), Chester County, Pennsylvania requiring property owners wishing to provide potable water to properties with access to the public water supply to utilize the public water to supply drinking water to their property, and prohibiting the drilling of wells for drinking water on properties with access to public water.
WHEREAS, the Board of Supervisors of Kennett Township, Chester County, Pennsylvania, after proper legal notice, legal advertising and public hearing, has decided to require properties within the Township which are served by public water supply to utilize that service to supply drinking water, and prohibit the drilling of wells for drinking water in areas of Kennett Township which are already served by public water supply in accordance with the provisions set forth in the Second Class Township Code, 53 P.S. § 67603; and
WHEREAS, Section 2603 of the Pennsylvania Second Class Township Code (hereinafter "SCTC"), 53 P.S. § 67603 provides that the “board of supervisors may by ordinance require that abutting property owners of a water system provided by the township or a municipality authority or a joint water board connect with and use the system.”; and
WHEREAS, the Township desires to take immediate steps to protect existing groundwater within the Township and to provide regulations to manage groundwater resources appropriately, and thereby promote the general good health and welfare of all Township residents; and
WHEREAS, Article I, Section 27, of the Constitution of the
WHEREAS, Section 503(10) of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. §10503(10), provides that "subdivision and land development ordinance(s) provisions and standards for insuring that new developments incorporate adequate provisions for reliable, safe and adequate water supply to support intended uses within the capacity of available resources"; and
WHEREAS, Section 603(b)(5) of the MPC, 53 P.S. §10603(b)(5), states that "zoning ordinances may permit, prohibit, regulate, restrict and determine…for the protection and preservation of natural resources and agricultural land and activity"; and
WHEREAS, Section 604 of the MPC, 53 P.S. §10604, specifies that ordinances shall be designed, among other appropriate purposes, "to promote, protect and facilitate…the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use, and other public requirements; as well as preservation of the natural, scenic and historic values of the environment and preservation of forests, wetlands, aquifers and floodplains"; and
WHEREAS, Section 1506 of the SCTC, 53 P.S. §66506, provides that "the board of supervisors may make and adopt any ordinances, bylaws, rules and regulations not inconsistent with or restrained by the Constitution and the laws of this Commonwealth necessary for the proper management, care and control of the…health and welfare of the township and its citizens, trade, commerce and manufacturer"; and
WHEREAS, Section 1601 of the SCTC, 53 P.S. §66601, provides that "the board of supervisors may adopt ordinances in which general or specific powers of the township may be exercised…"
NOW, THEREFORE, the Board of Supervisors of the Township does hereby enact and ordain, and it is hereby enacted and ordained, as follows:
SECTION 1 – DEFINITIONS. The following words or phrases, when used in this ordinance, shall have the meaning ascribed to them in this ordinance, except where the context clearly indicates a different meaning:
Board – The Board of Supervisors of the Township.
CCHD – The Chester County Health Department.
DRBC – The
DEP – The Pennsylvania Department of Environmental Protection
Person – A natural person, individual, partnership, corporation, fiduciary or association.
Well – Any excavation that is drilled, cored, washed, driven, dug or otherwise constructed for the location, diversion, or acquisition of underground waters or charging of waters into the underground strata.
SECTION 2
– REGULATING DRILLING AND MAINTENANCE OF WELLS
AND ACCESS TO THE PUBLIC WATER SUPPLY.
A. Applicability. Recognizing the existence and jurisdiction of other agencies over groundwater withdrawal from wells and springs within the Township and the public supply of water for the purpose of consumption (such as DRBC, DEP, CCHD), this regulation applies to property owners in the Township who wish to provide potable water on a property in the Township where public water is available.
B. Regulations: In every instance where a property owner wishes to supply a property within the Township with potable water, and when the property has access to the public water supply, such property shall be required to utilize the public water supply to provide drinking water to the property. The drilling of wells to provide drinking water on any property with access to the public water supply shall be prohibited.
SECTION 3 – AUTHORIZATION. The Board is hereby authorized, from time to time, to adopt appropriate rules and regulations providing for the implementation of the terms and conditions of this ordinance.
SECTION 4 – VIOLATIONS AND PENALTIES. Any person who violates this ordinance shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a penalty of a maximum of $1,000 for each violation plus all court costs, including reasonable attorneys' fees, incurred by the Township. Each day of violation of this ordinance shall be a separation violation for the purpose of enforcement.
SECTION 5 – REPEALER. All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only.
SECTION 6 – EFFECTIVE DATE. This ordinance shall become effective within 5 days after the adoption and enactment hereof.
ENACTED AND ORDAINED, this 21st day of June, 2004.
BOARD OF SUPERVISORS
Michael E. Elling, Chair
Thomas W. Nale, III, Vice-Chair
Robert A. Hammker
ATTEST:
Secretary-Treasurer