[HISTORY: Adopted by the Township Council
of the Township of Lower Saucon 11-16-2005 by Ord. No. 2005-11. Amendments noted where applicable.]
This chapter shall be known as and may be cited
as the "Lower Saucon Township Ground Source Heat Pump Ordinance."
Certain watersheds in Lower Saucon Township
provide a source of drinking water for the Borough of Hellertown,
the Village of Springtown and for certain private water supply wells
in the carbonate geology aquifers. The artificial introduction into
the ground of circulating liquids creates a potential source of groundwater
contamination or new sinkhole formation, especially if said liquid
is circulated under pressure. Lower Saucon Township finds that the
installation and use of ground source heat pumps (hereafter GSHP)
in the Township are often designed and constructed with piping and/or
other facilities that do constitute artificial means by which circulating
liquids are introduced into the ground under pressure and, therefore,
that such systems are a matter of legitimate concern with respect
to issues of public health, safety and welfare and, therefore, the
regulation of the installation, use and inspection of same is warranted.
The following words or phrases, when used in
this chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning.
All acts necessary for the construction of wells such as
drilling, boring, coring, washing, digging, driving or jetting.
Any system of mechanical and electrical facilities designed
for the purpose of withdrawing heat from, or discharging heat to the
ground, groundwater or surface waters.
A corporation, partnership, municipal authority or association,
as well as a natural person.
A person licensed by the Commonwealth of Pennsylvania to
practice as an engineer.
The Township of Lower Saucon.
A.
Applicability. No person shall install, construct,
modify, drill, or excavate to facilitate the construction/installation
and modification of a GSHP for use as a heating and/or cooling system
for any building or structure without first obtaining from the Township
a permit allowing for the construction of a GSHP.
B.
Permit procedure.
(1)
Where a person proposes to construct, modify, or decommission
a GSHP, the person shall make written application to the Township
on forms supplied by the Township. The forms shall contain, but not
be limited to the following information:
(a)
Location of property.
(b)
Property usage.
(c)
A site sketch showing the following:
[1]
Location of the GSHP.
[2]
General percent of slope and direction of surface
grades within the limits of the sketch.
[3]
All structures within 100 feet of the GSHP.
[4]
All property lines, rights-of-way and easements
within 100 feet of the GSHP.
[5]
Location of any water supply well located within
150 feet of the GSHP.
(d)
For vertical GSHP, well inventory information
including location, surface elevation, name, address and telephone
number of the well driller, well diameter and static water level shall
be provided to the Township with two copies within seven days of its
construction or reconstruction.
No permit shall be issued by the Township to
any applicant for a GSHP unless and until said applicant has demonstrated
that the following requirements will be met:
A.
All ground source heat pump systems shall be closed-loop
systems. Open-loop GSHP systems shall not be permitted.
(1)
GSHP systems to be designed and constructed in the
Township's Watershed Protection or Carbonate Geology Districts shall
be horizontal closed-loop systems. Outside the Watershed Protection
or Carbonate Geology Districts, either vertical or horizontal closed-loop
GSHP systems may be used.
(2)
GSHP systems shall be designed and constructed in
accordance with the International Ground Source Heat Pump Association
(hereafter IGSHPA) Installation Standards, as same may be amended
and updated from time to time, and currently found at Section 6.3,
References, of the GSHP Manual of the Pennsylvania Department of Environmental
Protection.
B.
The perimeter of the GSHP subsurface loops, vertical
or horizontal, shall meet the following minimum isolation requirements:
(1)
100 feet from any existing or proposed drinking water
wells;
(2)
25 feet from any existing or proposed individual or
community on-lot sewage disposal system including any primary or alternate
drainfield sites;
(3)
25 feet from property lines, rights-of-way; and
(4)
25 feet from existing or proposed structures.
C.
With respect to the subsurface loop of the GSHP systems:
(1)
The subsurface loop piping for same must be made of
polyethylene or a substitute similar material approved by the Township.
All joints shall be sealed by heat fusion or IGSHPA certified process;
(2)
GSHP systems shall be equipped with an automatic shutdown
device to prevent circulating fluids or oil leaks from migrating;
(3)
Visual and audible alarms shall be installed in the
building or structure in the event of a system malfunction or leakage;
(4)
Warning labels shall be prominently posted near the
interior mechanical system; and
(5)
For closed-loop GSHP systems, only water or a mixture
of water and food-grade propylene glycol may be used as the circulating
fluid, unless a similarly inert fluid is approved for use by the Township.
D.
A written plan shall provide for the operation and
periodic inspections of the GSHP system proposed by the system designer
and approved by the property owner which, among other matters, provides
that:
(1)
Any GSHP system leaks or releases will be reported
by the owner to the Township Police Department within two hours of
the discovery of same, and the owner shall covenant and agree to take
all necessary appropriate action to minimize any fluid release to
the ground and to promptly repair any system leaks; and
(2)
A system closure plan for use in the event of the
discontinuance of the use of the GSHP system.
E.
The installation specifications and drawings for the
GSHP system have been submitted to and reviewed by the Township Engineer.
A.
Vertical closed-loop GSHP systems.
(1)
GSHP well drilling shall only be undertaken by a Pennsylvania
licensed well driller.
(2)
Wells shall be grouted to protect against degradation
or contamination of the groundwater or intermingling of separate aquifers.
(3)
Grouting shall be mixed, pumped and placed in accordance
with the procedures recommended by the International Ground Source
Heat Pump Association Publication entitled "Grouting for Vertical
Geothermal Heat Pump Systems" (available from Ground Source Heat Pump
Publications, Oklahoma University, Stillwater, OK). Acceptable grout
materials are as follows:
(4)
Grouting shall be placed in the borehole from the
bottom to the top. Grouting shall be pumped into place via a tremie
pipe.
B.
Prior to activation of the system with respect to
each vertical GSHP well installation, the Pennsylvania licensed well
driller and/or system installer shall provide to the Township Engineer:
(1)
An accurate written drilling record and a written
geologic log; and
(2)
An accurate record of the grouting used for each such
well; and
(3)
As-built plans and related documentation for each
such system and well location; and
(4)
Written documentation of the GSHP system testing and
certification.
A.
Care shall be taken that no rocks are in contact with
piping. In rocky soils, pipe shall be placed in a bed of sand or limestone
screenings at the bottom of the trenches.
B.
Flowable backfill consisting of water, sand and cement
may be used to surround the pipe in the trench.
C.
Metallic pipe location tape shall be placed 12 inches
below the ground surface to alert future owners and excavators to
the presence and location of the system.
D.
The depth of the tubing or heat transfer element must
be at least 30 inches below the surface of the ground.
A.
An escrow account in the amount of $500 shall be posted
with the Township to cover the cost of plan review and inspection
costs. This escrow amount may be amended by resolution of the Township
Council.
B.
Piping shall be flushed and pressure tested before
vertical borings are sealed or before horizontal trenches are backfilled.
The Township Code Enforcement Officer or his or her designee shall
observe pressure testing.
C.
The Township Code Engineer, or his or her designee,
shall observe grouting of the vertical boreholes for the GSHP wells.
D.
GSHP system installer shall contact the Township Engineer,
or his or her designee, a minimum of 24 hours in advance to inspect
grouting pond piping and to verify pressure testing.
Fees required pursuant to this chapter shall
be fixed from time to time by resolution of the Township Council of
Lower Saucon Township, which fees shall relate to permit fees, application
costs, etc.
A.
It shall be unlawful for any person to drill any vertical
GSHP well or excavate for any horizontal GSHP or to install or modify
any GSHP piping and equipment until a permit pursuant to this chapter
has been issued.
B.
The provisions of this chapter shall be enforced by
action brought before a Magisterial District Judge in the same manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure. Any person who violates or permits the
violation of this chapter shall, upon conviction in a summary proceeding,
be punishable by a fine of not more than $1,000. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense. Each section of this chapter
that is violated shall also constitute a separate offense.
[Amended 3-3-2021 by Ord.
No. 2021-01]