[HISTORY: Adopted by the Borough Council of the Borough of Kutztown 2-14-1995
as Ord. No. 3-1995. Amendments noted where applicable.]
A.
The borough and its residents depend exclusively on groundwater
for a safe drinking water supply. The borough has developed and owns the drinking
water wells utilized by the borough, which are located upon a parcel of land
adjacent to the corporate boundary of the borough. Certain land use practices
and activities outside and within the borough can seriously threaten or degrade
groundwater quality. The purpose of this chapter is to protect the public
health, safety and welfare through the preservation of the groundwater resources
of the borough public water supplies and to ensure a future supply of safe
and healthful drinking water for the residents of the borough. The designation
of the Wellhead Protection Overlay District, as provided hereinbelow, and
the regulation of activities within such Wellhead Protection Overlay District
will reduce the potential for ground and surface water contamination of the
borough-owned water wells and thereby preserve irreplaceable groundwater resources.
The delineation of the Wellhead Protection Overlay District and the development
of the provisions of this chapter are based upon a professional study of the
hydrogeologic and other features of the borough and contiguous areas conducted
for the benefit of the borough and certain nearby municipalities.
B.
This chapter is enacted pursuant to the authority contained
in Article I, Section 27, of the Constitution of the Commonwealth of Pennsylvania
and Sections 501, 503, 601, 604(1), and 603(b) of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, as amended
by Act 209 of 1990, and as further amended by Act 131 of 1992, which provisions
authorize the borough to enact ordinances regulating development and land
uses to ensure the public health and safety, provide a safe, reliable and
adequate water supply and preserve natural values and aquifers.
The Wellhead Protection Overlay District shall be defined as that area
within the corporate boundaries of the borough as is set forth on the map
attached hereto, marked as "Exhibit A" and incorporated herein by reference
thereto.[1] Within the Wellhead Protection Overlay District, the following
wellhead protection zones are hereby established:
A.
Zone 2 shall be that area marked on Exhibit A[2] as Zone 2, which Zone 2 represents an area determined, by methods
applicable to that hydrogeologic setting, as having a ten-year time-of-travel
of groundwater supply to public well sites.
[2]
Editor's Note: Exhibit A is on file in the borough offices.
[1]
Editor's Note: Exhibit A is on file in the borough offices.
Within the Wellhead Protection Overlay District, land uses shall be
regulated as follows:
A.
Lots and tracts of land located within the Wellhead Protection
Overlay District, as delineated on Exhibit A,[1] shall be governed by the restrictions applicable to the wellhead
protection zone in which such lots and tracts of land are located.
[1]
Editor's Note: Exhibit A is on file in the borough offices.
B.
Land uses within the Wellhead Protection Overlay District
will be regulated (hereinafter "regulated land uses") according to the Schedule
of Regulated Land Uses attached hereto, marked "Exhibit B" and incorporated
herein by reference.[2] Certain particular regulated land uses will be prohibited, or
permitted only by special permit, within Zone 2 or Zone 3, as applicable,
as is set forth in the Schedule of Regulated Land Uses.[3]
[Amended 2-10-1998 by Ord. No. 2-1998]
[Amended 2-10-1998 by Ord. No. 2-1998]
As to each lot or tract of land located within the Wellhead Protection
Overlay District upon which there is conducted a regulated land use, the record
owner thereof shall submit, or cause to be submitted, to the Code Official
of the borough the following reports and information in the manner prescribed:
A.
Copies of all federal, state and county operational approvals,
certificates, permits and applications, on-going environmental reports and
monitoring results, relating to environmental, pollution control, hazardous
substance and drinking water laws and regulations pertaining to such lot or
tract of land, as and when required to be submitted to federal, state and
county governmental authorities.
B.
In the event that any contaminants and/or substances
regulated under federal, state or state environmental, pollution control,
hazardous substance and drinking water laws and regulations are released on
or from any lot or tract of land within the Wellhead Protection Overlay District,
copies of any and all notices, reports and documents which such owner filed,
or caused to be filed, with any federal, state and/or county governmental
authorities which provide notice of or relate to such release, as and when
such notices, reports and documents are required to be filed with such governmental
authorities.
C.
Copies of all notices, orders, rules, decisions, recommendations,
enforcement actions and similar documentation, as and when received by or
on behalf of such record owner or the occupant of any such lot or tract of
land from any federal, state or county governmental authority in connection
with the enforcement of environmental, pollution control, hazardous substance
and drinking water laws and regulations.
A.
The Code Official of the borough is hereby designated
as the borough official responsible for the administration and enforcement
of this chapter. The Zoning Hearing Board of the borough shall hear appeals
from the written decisions, determinations and orders of the Code Official
regarding applications, enforcement notices, cease-and-desist orders and other
matters and shall also hear substantive and procedural challenges to the validity
of this chapter. The Borough Council shall establish, by resolution, a schedule
of fees, charges and expenses for appeals to the Zoning Hearing Board and
for the administration of this chapter.
[Amended 2-10-1998 by Ord. No. 2-1998; 5-24-2005
by Ord. No. 13-2005]
B.
Uses of lots or tracts of land in existence
on the date of enactment of this chapter which are regulated land uses shall
be deemed to be nonconforming uses of land under the terms of this chapter.
Such nonconforming uses of land may be continued by the present or any subsequent
owner so long as:
(1)
Such use is and remains otherwise lawful and in compliance
with all federal, state and county environmental, pollution control, hazardous
substance and drinking water laws and regulations;
(2)
Such nonconforming use has not been and is not discontinued
for a period of twelve (12) consecutive months;
(3)
Such nonconforming use is not, after the date of enactment
of this chapter, materially altered, changed or expanded;
(4)
The record owner of the lot or tract of land on which such nonconforming use is located is in compliance with § 220-4 of this chapter, regarding reporting requirements; and
(5)
Such nonconforming use is not an actual source of groundwater
contamination.
C.
A regulated land use shall be deemed to be new or materially
altered, changed or expanded if:
(1)
The land use which constitutes the regulated land use
was not previously present and conducted upon the lot or tract of land in
question;
(2)
The production and/or storage capacity of the regulated
land use is increased;
(3)
The types of any substances which give rise to the regulated
land use are changed;
(4)
The number of types of any substances which give rise
to the regulated land use is increased; and/or
(5)
The quantity of any substances which give rise to the
regulated land use is materially increased.
D.
Following the date of enactment of this chapter, regulated
land uses which are new or which constitute material changes, alterations
or expansions of nonconforming regulated land uses will be prohibited in accordance
with the terms of Exhibit B annexed hereto,[1] thereby prohibiting such regulated land uses or permitting such
regulated land uses only upon the granting of a special permit. Any regulated
land use which is permitted to be conducted within the Wellhead Protection
Overlay District as a result of the granting of a special permit in accordance
with the terms of this chapter shall not be deemed to be a nonconforming use
of land under the terms of this chapter, but shall without further action
be considered a land use which is in conformity with the terms of this chapter.
[Amended 2-10-1998 by Ord. No. 2-1998]
[1]
Editor's Note: Exhibit B is included at the end of this chapter.
E.
As to any new regulated land use or any proposed material
change, alteration or expansion of a regulated land use which is a nonconforming
regulated land use and as to which such regulated land use is permitted to
be conducted within the applicable wellhead protection zone upon the granting
of a special permit, such special permit shall only be granted upon the following
conditions:
[Amended 2-10-1998 by Ord. No. 2-1998]
(2)
Such regulated land use will not, during construction
or thereafter, cause the average groundwater quality upon or beneath the lot
or tract of land in question or upon or beneath adjacent lots or tracts of
land to violate safe drinking water standards promulgated by federal or state
governmental authorities.
(3)
Satisfactory evidence has been provided to the borough's
Code Official, or Zoning Hearing Board, as applicable, that the proposed regulated
land use is in compliance with all federal, state and county laws and regulations
applicable to such regulated land use and the record owner or occupant has
received all necessary approvals of federal, state and county governmental
authorities for the conduct of such regulated land use.
F.
Application for a special permit shall be made to the
Code Official of the borough in writing, on such form as may be prescribed
by the Code Official and approved by resolution of the Council, and such application
shall include, at a minimum, a detailed description of each of the activities
to be conducted upon the lot or tract of land in question which constitute
a regulated land use, including a listing of all substances which are to be
stored, handled, used or produced in connection with each regulated land use
being proposed and which substances are subject to regulation by federal,
state and/or county governmental authorities.
[Amended 2-10-1998 by Ord. No. 2-1998]
G.
The Code Official of the borough shall issue a written
decision approving or disapproving the application for a special permit, or
conditioning the granting of the special permit upon adherence to any or all
of the following requirements by the applicant for the special permit, where
the Code Official has found that such adherence is reasonably necessary to
fulfill the groundwater protection purposes of this chapter:
[Amended 2-10-1998 by Ord. No. 2-1998]
(1)
The installation of adequate containment facilities and
systems so as to prevent the contamination of groundwater by substances regulated
by federal, state and/or county governmental authorities.
(2)
The preparation, filing (with the Borough Code Office)
and periodic revision of an emergency plan addressing the means by which any
potential contamination of groundwater will be controlled, collected and remediated,
including emergency contacts and identification of potential contaminants.
(3)
Regular inspection and/or monitoring of the regulated
land use by the owner, occupant and/or third parties.
H.
Applications to the Borough Code Official for a special
permit under this chapter, as well as written decisions of the Code Official
and appeals from the written decisions of the Code Official to the Borough
Zoning Hearing Board and appeals to the courts of the Commonwealth of Pennsylvania,
shall be subject to the same procedure and shall be processed in the same
manner as is applicable to applications for special permits under the terms
of the Zoning Ordinance of the borough in effect at the time the application
is filed.[4]
[Amended 2-10-1998 by Ord. No. 2-1998]
[Amended 2-10-1998 by Ord. No. 2-1998]
All subdivision proposals and other proposed new development plans to
be located within the Wellhead Protection Overlay District shall be reviewed
by the Code Official and the Borough Planning Commission for compliance with
the provisions of this chapter. It shall be the responsibility of the Code
Official and the Borough Planning Commission to recommend approval, disapproval
or approval with conditions or modifications, of the proposed subdivision
or development plan, so as to assure compliance with the provisions of this
chapter.
[Amended 2-10-1998 by Ord. No. 2-1998]
The following general exceptions specify those activities that are permitted
by right and do not require a special permit:
A.
Transit. The transportation of any hazardous or governmentally
regulated substance through the Wellhead Protection Overlay District shall
be exempt from provisions of this chapter, provided that the transporting
vehicle is in transit through the Wellhead Protection Overlay District, and
further provided that such transportation is conducted in compliance with
all applicable federal and state laws and regulations.
B.
Residential. To the extent otherwise permitted or regulated
by federal, state and/or county statutes and regulations, the owners and/or
occupiers of lots and tracts of land which are primarily utilized for the
purpose of single-family or multifamily residential dwellings are permitted
to utilize and store fuels, hazardous chemicals, pesticides, fertilizers,
inflammable liquids and gases, and toxic and regulated substances in such
quantities and in such manner as is associated with normal consumer, household
use, and such limited utilization shall not be deemed a regulated land use
for the purposes of this chapter.
[Amended 2-10-1998 by Ord. No. 2-1998]
For the purpose of preventing violations of this chapter and enforcing
the provisions of this chapter, the borough shall have available to it the
same preventive and enforcement remedies, including civil actions and summary
criminal actions, as are set forth in the Subdivision and Land Development
Ordinance of the borough in effect from time to time.[1] In addition, the Code Official of the borough is authorized to issue cease-and-desist orders whenever such Code Official becomes aware of violations of this chapter. The Code Official is authorized to issue enforcement notices with respect to violations of this chapter, such enforcement notices to be issued in accordance with the enforcement notice provisions of Chapter 225, Zoning.
A.
Conflicts. Whenever there is a difference between any of the minimum standards specified in this chapter and any standard included in any other ordinance, law or regulation of the borough, the more stringent requirement shall apply. The provisions of this chapter shall be deemed to be supplementary and in addition to the provisions of Chapter 225, Zoning, and Chapter 195, Subdivision and Land Development.
B.
Severability. The provisions of this chapter are severable,
and should any article, section, subsection, paragraph, clause, phrase or
provision of this chapter be declared by a court of competent jurisdiction
to be invalid, such judgment shall not affect the validity of this chapter
as a whole or any part or provision thereof other than the part so declared
to be invalid.
C.
Savings clause. This chapter shall not affect any act
done or any offense committed prior to its effective date nor affect any action
to enforce any prior ordinance or to punish any offense against a prior ordinance.
|
EXHIBIT B
| |||
|---|---|---|---|
|
Schedule of Regulated Land Uses
| |||
|
Use
|
Zone 2
|
Zone 3
| |
|
Bulk storage of regulated substances
|
X
|
SP
| |
|
Dry-cleaning establishments; coin or commercial laundries
|
X
|
SP
| |
|
Garage, service station
|
X
|
SP
| |
|
Heavy-manufacturing uses
|
X
|
SP
| |
|
Junkyards
|
X
|
X
| |
|
Land application of wastewater and sludges
|
X
|
X
| |
|
Livestock animals in excess of 25 animal equivalent units per acre in
yarding areas
|
X
|
X
| |
|
Metal plating establishments
|
X
|
SP
| |
|
Open burning sites and dumps
|
X
|
X
| |
|
Quarries and mining operations
|
X
|
X
| |
|
Road salt stockpiles
|
SP
|
SP
| |
|
Sales and/or storage of fuels
|
SP
|
SP
| |
|
Sanitary landfill
|
X
|
X
| |
|
Sewage treatment facilities with on-site disposal of primary or secondary
treated effluent in excess of 5,000 gallons per day
|
X
|
X
| |
|
Storage and mixing of regulated substances
|
X
|
SP
| |
|
Storage of inflammable liquids and gases
|
SP
|
SP
| |
|
Use which involves as a principal activity the manufacture, storage,
use, transpor- tation or disposal of regulated substances
|
X
|
X
| |
|
Use which involves use or storage of regulated substances in quantities
greater than those associated with normal household use
|
SP
|
SP
| |
|
Used motor vehicle sales area
|
SP
|
SP
| |
|
Notes:
|
X = Not Allowed
| |
|---|---|---|
|
SP = Special Permit
|
|
As used in this Exhibit B, the term "regulated substances" shall mean
any substances regulated under federal, state or county environmental, pollution
control, hazardous substance and drinking water laws and regulations.
|
