[Added 2-4-2013 by Ord. No. 241]
A.
The purpose of this article is to protect the public health, safety
and welfare through the preservation of the groundwater resources
of Washington Township's public water supplies and to ensure a future
supply of safe and healthful drinking water for the residents of the
Township. The designation of the Wellhead Protection Overlay District,
as provided herein, and the regulation of activities within such Wellhead
Protection Overlay District, will reduce the potential for ground
and surface water contamination and overuse and thereby preserve irreplaceable
groundwater resources. The delineation of the Wellhead Protection
Overlay District and the development of the provisions of this article
are based upon a professional study of land uses, hydrology, hydrogeology
and other elements of the area in which Township water supplies are
situated.
B.
This article is enacted pursuant to the authority contained in the
Constitution of the Commonwealth of Pennsylvania; the Second Class
Township Code, 53 P.S. § 1506, as amended, which provision
authorizes the Township to enact regulations necessary for the proper
management, care and control of the Township and its finances and
the maintenance of peace, good government, health and welfare of the
Township and its citizens, trade, commerce and manufacturers; and
the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10101,
et seq., as amended, which provisions authorize the Township to enact
regulations regulating development and land uses to ensure the public
health and safety, provide a safe, reliable and adequate community
water supply, and preserve natural values and aquifers.
C.
It shall be the responsibility of any person owning real property
and/or owning or operating a business within Washington Township to
make a determination of the applicability of the Wellhead Protection
Overlay District as it pertains to the property and/or business under
his/her ownership or control, and his/her failure to do so shall not
excuse any violation.
As used in this article, the following terms shall have the
meanings indicated:
A geologic formation, group of formations, or part of a formation
that contains sufficient saturated permeable material to yield significant
quantities of water to wells and springs.
The Washington Township Municipal Authority or its agent(s).
The public water system owned or operated by the Authority.
Water obtained from a well, spring, or other source that
supplies Potable Water for a public water system.
Any water, except capillary moisture, beneath the land surface
or beneath the bed of any stream, lake, reservoir, or other body of
surface water, whatever may be the geological formation or structure
in which such water stands, flows, percolates, or otherwise moves.
The Township of Washington, Franklin County, Pennsylvania.
The person who is the holder of the record title to real
property or the person entitled to the use of the property.
A natural person, firm, partnership, association, social
or fraternal organization, corporation, nonprofit corporation, trust,
estate, receiver, syndicate, branch of government, or similar entities,
any group or combination acting as a unit, or the successors or assigns
of any of the aforesaid.
The contamination or other alteration of the physical, chemical,
or biological properties of any surface water or groundwater which
will or can reasonably be expected to render such waters harmful,
detrimental, or injurious to domestic, commercial, industrial, agricultural,
recreational or other legitimate beneficial use.
Water suitable for human consumption.
A system which provides water to the public for human consumption
which has at least 15 service connections or regularly serves an average
of at least 25 individuals daily at least 60 days out of the year.
The term is either a community or noncommunity system and includes
collections, treatment, storage and distribution facilities under
the control of the operator of the system and used in connection with
the system. The term also includes a system which provides water for
bottling or bulk hauling for human consumption.
Washington Township, Franklin County, Pennsylvania governmental
jurisdiction or governing body represented by the Board of Township
Supervisors or its agent(s).
Any well that is constructed to remove or to return water
to the ground.
That surface in an unconfined groundwater body at which the
pressure is atmospheric. It is defined by the levels at which water
stands in wells that penetrate the water body just far enough to hold
standing water.
Any excavation that is drilled, cored, bored, washed, driven,
dug, jetted, or otherwise constructed when the intended use of such
excavation is for the location, acquisition, monitoring, or artificial
recharge of groundwater. This includes but is not limited to test
wells, test borings, and monitoring wells, in addition to wells to
be utilized as individual or semipublic water supplies.
A.
The "Wellhead Protection Overlay District" shall be defined as that
area within the boundaries of the Township as is set forth on the
maps 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:
(1)
Zone 1 shall be that area marked on Exhibit A as Zone 1, which
Zone 1 represents a protective zone immediately surrounding a community
water source, whether well or spring, which shall be an area calculated
on the basis of the specific characteristics of the water source;
(2)
Zone 2 shall be that area marked on Exhibit A as Zone 2, which
Zone 2 represents an area determined to be the zone of groundwater
contribution to the community water source; and
(3)
Zone 3 shall be that area marked on Exhibit A as Zone 3, which
Zone 3 represents the area that directly contributes surface water
and groundwater to Zone 2.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
A single property may contain more than one zone, with each zone
subject to the restrictions set forth herein. The boundaries of Zones
1, 2 or 3, may be revised from time to time in the event a licensed
professional geologist with competence in the field of hydrogeology
performs a more detailed study that establishes the need for a change.
A property owner may dispute the boundaries of Zones 1, 2, or 3 only
upon submission of a more detailed study performed by a licensed professional
geologist with competence in the field of hydrogeology. The Authority
shall review the studies submitted in support of a boundary change
and shall, with the assistance of an Authority Engineer and/or licensed
professional geologist, if needed, make a recommendation to the Township
as to the final boundary to be used.
A.
Within the Wellhead Protection Overlay District, land uses shall
be regulated as follows:
(1)
Lots and tracts of land located, in whole or in part, 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 included as an attachment to this chapter.
(2)
Certain land uses within the Wellhead Protection Overlay District
shall 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] When evaluating a use pursuant to Exhibit B, and if such
use may be considered to be within more than one regulated land use
category, such use shall be deemed to be the regulated land use subject
to greater restriction in order to further the purposes above.
[2]
Editor's Note: Exhibit B is included as an attachment to this chapter.
B.
Certain particular regulated land uses shall be strictly prohibited
within Zone 1, and/or permitted only as conditional uses within Zone
2 or Zone 3 as applicable, as set forth in the Schedule of Regulated
Land Uses.
C.
The following uses are strictly prohibited within the Washington
Township Wellhead Protection Overlay District:
(1)
Manufacturing and production of hazardous materials, excluding
production for on-site usage only. These materials include any hazardous
substance or hazardous waste as listed in the following federal regulations:
(a)
Superfund Amendments and Reauthorization Act (SARA) of 1986,
Section 302, Extremely Hazardous Substances List (40 C.F.R. 300, Appendixes
A and B);
(b)
Comprehensive Environmental Response Compensation and Liability
Act Superfund (CERCLA) of 1980, Hazardous Substance List (40 C.F.R.
302, Table 302.4);
(c)
SARA of 1986, Section 313, Toxic Chemical List (40 C.F.R. 372.45);
and
(d)
Resource Conservation and Recovery Act (RCRA) of 1976 and 1984
Amendments, Hazardous Wastes Lists (P and Y Categories) [40 C.F.R.
261.33(e) and (f).] Note: The lists referenced in Section C.1a, are
summarized in the Title III List of Lists – Chemicals Subject
to Reporting Under Title III of the Superfund Amendments and Reauthorization
Action (SARA) of 1986, as updated.
(2)
Nuclear or radioactive materials or wastes;
(3)
Wood-preserving operations using formulations of chromated-copper
arsenate (CCA), pentachlorophenol (PENTA), and creosote and related
chemicals;
(4)
Battery recycling and reprocessing;
(5)
Agricultural application of halogenated volatile liquid organic
pesticides (e.g., ethylene dibromide (EDB) and dibromochloropropane
(DBCP), related chemicals and their commercial formulations);
(6)
Processing, reprocessing and storage and disposal of PCB-containing
oils;
(7)
Manufacturing and production of paving, roofing, and other construction
materials, using asphaltic- and petroleum-based coating and preserving
materials; and
(8)
Primary and secondary metal industries that manufacture, produce,
smelt or refine ferrous and nonferrous metals.
D.
Use list not exhaustive. The uses prohibited by this district represent
the state of present knowledge and most common description of said
uses. As other polluting uses are discovered, or other terms of description
become necessary, it is the intention to add them to the list of uses
prohibited by this district. These lists may be supplemented by amendment
to this article or by resolution. To screen for such other uses or
terms for uses, no use shall be permitted in this district without
first submitting its building, site, and operational plans to the
Authority for review and the Township for approval under this chapter.
E.
Changing technology. The uses prohibited by this district are prohibited
based upon the combined pollution experience of many individual uses,
and the technology generally employed by that class of uses, which
technology causes the uses as a class to be groundwater pollution
risks. As the technology of identified use classes changes to nonrisk
materials or nonrisk methods, a person may petition for such a use
to be reevaluated under this article. It shall be the responsibility
of that person to retain a licensed professional geologist with competence
in the field of hydrogeology and other professionals to provide sufficient
data in support of such a petition. The petition shall be submitted
to the Authority for review. The Authority, with the assistance of
an Authority Engineer or a licensed professional geologist or other
professionals, as needed, shall review the petition and make a recommendation
to the Township. The petitioner shall have the burden of establishing
by clear and convincing evidence that the prohibited use no longer
presents a pollution hazard. If the petitioner meets its burden of
proof, the formerly prohibited use may be allowed by the Township,
but will be subject to any conditions that the Township may attach
to the use to further the purposes of this article. All Authority
and/or Township fees or costs arising out of, or related to, the petition
shall be paid by the petitioner.
As to each lot or tract of land located, in whole or in part,
within the Wellhead Protection Overlay District upon which there is
conducted a regulated land use, the owner of record thereof shall
submit, or cause to be submitted, to the Code Enforcement Officer,
the Authority, or any representative designated by the Township, the
following records and information in the manner prescribed:
A.
Facility profile sheet — Information to be submitted is as
provided for on the facility profile sheet marked Exhibit C and incorporated
herein by reference.[1] The facility profile sheet must be completed on the form
provided by the Authority and available at Authority offices within
90 days of the enactment of this article, and thereafter within 60
days of the biannual ordinance anniversary date.
[1]
Editor's Note: Exhibit C is on file in the Township offices.
B.
Copies of all federal, state and county operational approvals, certificates,
permits and applications, ongoing 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 governments authorities.
C.
In the event that any contaminants and/or substances regulated under
federal, state or county 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, at the same time as such notices, reports and documents
are required to be filed with such governmental authorities.
D.
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 Enforcement Officer, or any representative designated by
the Township, is hereby designated as the Township official responsible
for the administration and enforcement of this article. The Zoning
Hearing Board of the Township, with input from the Authority, shall
hear appeals from the written determinations and orders of the Code
Enforcement Officer, the Authority or the Township's designated representative
regarding applications, boundary disputes, enforcement notices, cease
and desist orders and other matters, and shall also hear substantive
and procedural challenges to the validity of this article. Prior to
any proceeding before the Zoning Hearing Board, the Authority shall
be given a reasonable opportunity to review and make recommendations
regarding any substantive challenge.
B.
Uses of lots or tracts of land in existence on the date of enactment
of this article which are regulated land uses shall be deemed to be
"nonconforming uses" of land under the terms of this article. Such
nonconforming uses of land may be continued by the present or any
subsequent owner as 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, as they may be
amended;
(2)
Such nonconforming use has not been and is not discontinued
for a period of 12 consecutive months or more;
(3)
Such nonconforming use is not, after the date of enactment of
this article, 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 § 360-144 of this article regarding reporting requirements;
(5)
Such nonconforming use is not an actual known source of groundwater
contamination or discovered to be an actual known source of groundwater
contamination;
(6)
A facility profile summary is submitted to the Authority biannually
as described under § 360-144a; and
(7)
Such user upgrades its technology on a regular basis, as the
technology required by applicable law is changed, or upon request
of the Authority, in order to minimize the risks associated with such
use to the community water resources. Such upgrades shall be necessary
to support the right to continue with the nonconforming use.
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
present and conducted upon the lot or tract of land in question prior
to the enactment of this article;
(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 substances which give rise to the regulated
land use are increased;
(5)
The quantity of any substances which give rise to the regulated
land use is materially increased; or
(6)
The land area subject to the regulated land use is enlarged
in any respect.
D.
Following the date of enactment of this article, 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 § 360-143C above or Exhibit B annexed hereto,[1] thereby prohibiting such regulated land uses, or permitting
such regulated land uses only upon the granting of conditional use
status. Any regulated land use which is permitted to be conducted
within the Wellhead Protection Overlay District as a result of the
granting of a conditional use in accordance with the terms of this
article and chapter shall not be deemed to be a nonconforming use
of land under the terms of this article and chapter, but shall without
further action be considered a land use which is in conformity with
the terms of this article and chapter.
[1]
Editor's Note: Exhibit B is included as an attachment to this chapter.
E.
As to any new regulated land use or any proposed alteration or expansion
of a nonconforming regulated land use, and as to which such regulated
land use is permitted within the applicable Wellhead Protection Zone
upon the granting of a conditional use, such conditional use shall
only be granted upon the following conditions:
(1)
Such regulated land use is one which is specifically authorized
as a conditional use in the Wellhead Protection Zone in question,
as set forth in Exhibit B.[2]
[2]
Editor's Note: Exhibit B is included as an attachment to this chapter.
(2)
Such regulated land use will not, during construction or thereafter,
cause the degradation of the groundwater quality upon or beneath the
lot or tract of land in question, or upon or beneath adjacent lots
or tracts of land, the degree and extent of which degradation is or
would be in violation of safe drinking water standards promulgated
by federal, state or county governmental authorities.
(3)
Satisfactory evidence has been provided to the Township and
the Authority, 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 conditional use shall be submitted to the Township
in writing on such form as may be prescribed by the Township 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. A copy of the application for conditional
use shall also be submitted by the applicant to the Authority for
review.
G.
The Township, after receipt and consideration of a recommendation
from the Authority, shall issue a written determination recommending
approval or disapproval of the application for conditional use, or
conditioning the granting of conditional use upon adherence to any
or all of the following requirements by the applicant for the conditional
use, where the Township, with the input of the Authority, has found
that such adherence is reasonably necessary to fulfill the groundwater
protection purposes of this article:
(1)
The installation of Township-approved 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 Township and the Authority)
and periodic revision of an emergency response 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 by the owner, occupant,
the Township or their designee, which may include the Authority, and/or
third parties, of the regulated land use area;
All subdivision proposals and other proposed new development
plans to be located within the Wellhead Protection Overlay District
shall be reviewed by the Authority and the Township for compliance
with the provisions of this article. It shall be the responsibility
of the Township, after receipt and consideration of a recommendation
from the Authority, 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 article.
A.
Subdivisions and land developments within Zones 1, 2 or 3 for which
stormwater management controls are required pursuant to the Township
Subdivision and Land Development chapter[1] shall be designed consistent with the following:
(1)
Stormwater detention basins shall be prohibited from Zone 1
and within Zone 2 shall be designed with an impermeable liner to prohibit
the infiltration of impounded water to the subsurface.
B.
Subdivisions and land developments within Zones 1, 2 or 3 as mapped
on Exhibit A[2] shall have the following preliminary plan requirements
in addition to those requirements of the Township Subdivision and
Land Development chapter:
(1)
A recognized licensed professional geologist employed by the
developer with competence in the field of hydrogeology shall review
aerial photographs, soils, geologic and other available related data
as the data relates to the subject property. The licensed professional
geologist shall also conduct a site inspection of the property and
submit a report of the site to the Authority and the Township.
(2)
Based on the work required in § 360-146B(1), the licensed professional geologist shall prepare a map not less than a scale of one inch equals 100 feet of the site showing all topographic, geologic and other pertinent physical features. The mapping shall indicate, but shall not be limited to, the following:
(a)
Closed depressions.
(b)
Seasonal high water table indicators.
(c)
Outcrops of bedrock.
(d)
Surface drainage into ground.
(e)
Lineaments and faults.
(f)
Quarries and mines.
(g)
Oil, gas or water wells (active or abandoned).
(h)
Geologic contacts.
(i)
Springs, seeps or wetland areas.
(j)
Distance and direction of nearest public or adjacent private
water supply well.
(3)
Based on the work performed in § 360-146B(1) and (2), the Authority shall determine what, if any, further testing should be done by the applicant to ensure compliance with this article and shall make a report regarding the same to the Township. Testing methodology shall be reasonable under the circumstances, including the scale of the proposed development, and the hazards revealed by examination of available data and the site inspection.
(4)
The applicant shall cause the additional testing established in § 360-146B(3) to be done. A study report shall be submitted to the Authority and the Township. This study shall include a map of the area, all test results and a recommendation on the mitigation measures to be taken.
(5)
The Authority shall report to the Township, with a copy to the
landowner, its opinion as to the adequacy of the study and as to the
capability of the site to support the proposed development in a manner
in which the risks attendant to the development in areas are either
eliminated or minimized. Recommendations for site development, including
building location and any other pertinent information may be included.
Additional studies or testing as deemed necessary by the Authority
or the Township in order to produce an adequate study, given the scale
of the proposed development and the hazards revealed, may be required
of the applicant.
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
The following general exceptions specify those land uses and
activities that are permitted by right and do not require a grant
of conditional use:
A.
Transit. The transportation of any hazardous or governmentally regulated
substance through the Wellhead Protection Overlay District shall be
exempt from provisions of this article, 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, state and/or county 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 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 and responsible household
use, and such limited utilization shall not be deemed a regulated
land use for the purpose of this article. This exception does not
apply to underground liquid fuel storage tanks.
For the purpose of preventing violations of this article and
enforcing the provisions of this article, the Township shall have
available to it the same preventive and enforcement remedies, including
the use of civil actions, as are set forth in the Zoning chapter of
the Code of the Township in effect from time to time. In addition,
the Code Enforcement Officer of the Township or the Authority is authorized
to issue cease and desist orders whenever such Code Enforcement Officer
or Authority becomes aware of violations of this article. The Zoning
Officer is authorized to issue enforcement notices with respect to
violations of this article, such enforcement notices to be issued
in accordance with the enforcement notice provisions of the Zoning
Chapter of the Township in effect from time to time. Finally, the
Township or Authority may seek equitable relief, including a temporary
restraining order, preliminary and/or permanent injunction, to prevent
any action that it reasonably believes may constitute irreparable
harm to the Township water sources. Such equitable relief shall be
obtained without posting a bond therefore. When invoking the preventative
or enforcement remedies to this article, the Township or Authority
shall be entitled to recover all costs incurred, including, but not
limited to, attorney's fees, costs of suit and inspection or investigation
fees.
The Township or Authority shall, from time to time, establish
by resolution a schedule of fees, charges and expenses and collection
procedures for conditional use applications, costs of review and inspection,
appeals and other matters pertaining to this article. The schedule
of fees shall be available for inspection in the Municipal Office
of the Township or the Authority. An application will not be considered
to be complete or approved until all applicable fees, charges and
expenses have been paid in full. In addition to such fees, the applicant
or property owner shall pay any and all Township and Authority costs
or fees arising out of or related to this article and the administration
or enforcement thereof and may be required to make a deposit toward
said fees at the time of submission of the application.
A.
Conflicts. Whenever there is a difference between any of the minimum
standards specified in this article and any standard included in any
other chapter, law or regulation of the Township, the more stringent
requirement shall apply. The provisions of this article shall be deemed
to be supplementary and in addition to the provisions of the Zoning
Ordinance and Subdivision and Land Development chapter[1] of the Township as each is in effect from time to time.
B.
Any commercial or industrial use that may result in the pollution,
degradation, contamination or discoloration of any underground or
surface water of the Commonwealth of Pennsylvania is prohibited. The
applicant for any use not otherwise referenced herein that may result
in such contamination may apply to the Zoning Hearing Board for approval
and shall have the burden of proving, by clear and convincing evidence,
that such pollution, degradation, contamination, or discoloration
shall not occur as the result of such proposed use.
C.
In addition to this requirements imposed by or through this article,
any of the uses referenced herein shall also comply with any and all
other federal, state or local laws or regulations applicable to them.
D.
Severability. The provisions of this article are severable, and should
any article, section, subsection, paragraph, clause, phrase or provision
of this article be declared by a court of competent jurisdiction to
be invalid, such judgment shall not affect the validity of this article
as a whole or any part or provision thereof other than the part so
declared to be invalid.
E.
This article shall become effective five days after its enactment.
F.
All prior regulations that are inconsistent herewith are hereby repealed
to the extent of such inconsistency.
