[HISTORY: Adopted by the Board of Supervisors of the Township of Elizabeth as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 140.
Stormwater management — See Ch. 150.
Zoning — See Ch. 185.
[Adopted 11-11-2002 by Ord. No. 2002-1; amended in its entirety 7-14-2003 by Ord. No. 2003-2]
This article shall be known as the "Elizabeth Township Water Supply Ordinance."
A. 
The Board of Supervisors recognizes that a safe, adequate, and reliable water supply is vital for the well-being of the Township and existing and future Township residents. This Township is located within the Susquehanna River basin, and the Susquehanna River basin has experienced several times of severe drought. The Governor has declared drought emergencies affecting Lancaster County and this Township, most recently by the issuance of a proclamation of drought and water shortage emergency dated February 12, 2002.
B. 
The Board of Supervisors intends by this article to require persons who propose new development within this Township to demonstrate that there will be a safe, adequate and reliable supply of water for the future residents or occupants of proposed nonresidential structures within the development. The Board of Supervisors recognizes that development within the Township will generally be served by on-lot wells. The Board of Supervisors will require by this article that persons desiring to subdivide or develop land undertake the necessary studies to determine that there will be a safe, adequate and reliable water supply.
C. 
The Board of Supervisors also recognizes that persons may develop community water systems within the Township. The Board of Supervisors intends by this article to require that persons installing and operating community water systems provide the Township with information so that the Township will know the location of and may monitor operation of community water systems.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any person who desires to subdivide land or undertake the creation of residential or nonresidential units of occupancy within the Township and any person who desires to erect a dwelling upon an existing lot.
BOARD OF SUPERVISORS
The governing body of the Township.
COMMUNITY WATER SYSTEM
Any water system meeting the definition of the term "community water system" established by DEP other than a water system owned and operated by a governmental body, municipal authority, or a public utility regulated by the Pennsylvania Public Utility Commission.
DCNR
Pennsylvania Department of Conservation and Natural Resources.
DEP
Pennsylvania Department of Environmental Protection.
DEVELOPMENT
Any subdivision or land development as such terms are defined in the Subdivision Ordinance.[1] If a person proposes subdivision or land development over time or in phases, all phases shall be considered part of a single development.
EPA
United States Environmental Protection Agency.
PERSON
Any individual, partnership, company, association, society, corporation or other legally recognized entity and the members of such association or partnership and the officers of such corporation.
PUBLIC WATER SYSTEM
A water supply and distribution system operated by a municipality, municipal authority, or utility regulated by the Pennsylvania Public Utility Commission.
REPORT
The water service feasibility report required by this article.
SUBDIVISION ORDINANCE
The Subdivision and Land development Ordinance governing submission and approvals of plans for subdivisions and land developments within the Township.[2]
TOWNSHIP
The Township of Elizabeth, Lancaster County, Pennsylvania, and its duly authorized representatives or agents.
TOWNSHIP ENGINEER
An engineer retained or employed by the Township or any authorized member of the staff of such engineer.
TRACT
All land which is the subject of a development, whether initially or cumulatively, and whether comprised of one or more lots of record.
UNTESTED LOT
Any lot created prior to November 16, 2002, and any lot created after November 16, 2002, if the person who created such lot did not prepare, submit, and obtain approval of a water service feasibility report requiring actual well test data as set forth in §§ 181-7 and 181-8. If a water service feasibility study using existing data instead of new well test data was submitted for a development, the lots created in such development shall be considered untested lots.
[1]
Editor's Note: Said ordinance is on file in the Township offices.
[2]
Editor's Note: Said ordinance is on file in the Township offices.
A. 
Each applicant proposing any nonresidential or residential development shall submit a report concerning the availability of a public, private, or individual on-lot water system in or near the development, identification of the proposed water supply source, and demonstration of the adequacy of such water supply source unless exempted by this section.
B. 
An applicant proposing a development which has a projected water consumption of less than 400 gallons per day, either initially or cumulatively, as of the effective date of this article, shall be exempt from the requirements of § 181-7 of this article.
C. 
There shall be a one-time exemption from the requirements of § 181-7 of this article for the subdivision of not more than one residential lot from any parcel existing as of the effective date of this article within the Agricultural Zone. The applicant proposing a development of such parcel shall submit such documentation and evidence, as may be required and to the satisfaction of the Township, that demonstrates that this one-time exemption is available to the tract in question.
D. 
Any applicant proposing to erect a dwelling upon an untested lot which shall be provided with water service by any means other than an existing community water system or an existing public water system shall demonstrate that a well meeting all requirements of § 181-6B exists upon the untested lot. The applicant shall present a well test demonstrating that applicant can provide such water service prior to the issuance of a permit under the Zoning Ordinance[1] or under any building code applicable in the Township.
[1]
Editor's Note: Said ordinance is on file in the Township offices.
E. 
Any applicant proposing to erect any nonresidential unit upon an untested lot which shall be provided with water service by any means other than an existing community water system or an existing public water system shall demonstrate that a well meeting all requirements of § 181-6C exists upon the untested lot. The applicant shall present a well test demonstrating that applicant can provide such water service prior to the issuance of a permit under the Zoning Ordinance or under any building code applicable in the Township.
A. 
Any development which will create two or more residential units and any nonresidential development that proposes water consumption equal to or greater than 400 gallons per day shall be served by public water if the Board of Supervisors determines that public water is available.
(1) 
If connection to an existing public water system is proposed, the applicant shall submit an agreement committing the public water provider to provide such water as the development will utilize for such period of time and under such terms and conditions as the public water provider provides water service elsewhere in its service area.
B. 
In all cases, the applicant shall demonstrate that the water to be supplied shall be potable and shall meet all applicable standards of DEP or the EPA. Should the applicant not meet applicable standards of the DEP or the EPA, proposed treatment alternatives shall be provided to the Township Engineer for approval.
C. 
If applicant proposed to serve the development with a community water system, the applicant shall demonstrate that the community water system shall be in compliance with all requirements of this article, the Subdivision Ordinance,[1] and DEP.
[1]
Editor's Note: Said ordinance is on file in the Township offices.
A. 
If the applicant proposes to serve the development by means of a water supply system using water obtained from the tract (irrespective of whether that water is being distributed as a part of a community water supply system or individual wells), that water supply source may be utilized only when the report establishes, and the engineer performing the study to support the report certifies, that the water supply will provide the required yield and demand, and that withdrawal rates and amounts shall be managed to balance natural recharge rates and amounts on a site-specific basis to insure that the potential of interference with adjacent properties is minimized.
B. 
An applicant who proposes to erect a dwelling upon an untested lot shall demonstrate that a well exists which will yield not less than 315 gallons per day per three-bedroom dwelling at a demand rate of not less than two gallons per minute for one hour, either with or without the use of a storage system. The water withdrawal rate shall be increased by 90 gallons per day for each additional bedroom over three bedrooms.
C. 
An applicant who proposes to erect a nonresidential unit an untested lot shall demonstrate that a well exists which will yield not less than the projected demand of the proposed use or 400 gallons per day, whichever is greater, at a demand rate of not less than two gallons per minute for one hour, either with or without the use of a storage system.
A. 
An applicant shall contact the Township before beginning preparation of the report and shall submit an application to file a report. Such application shall be accompanied by the filing fee established by ordinance or resolution. The application shall, at a minimum, state:
(1) 
The professional engineer and/or professional geologist who will prepare the report.
(2) 
The tract which will be developed and the nature and extent of the proposed development.
(3) 
The scope and the method of analysis of the study and testing data prior to initiating the study necessary to prepare the report.
B. 
The Township Engineer shall approve the scope and the method of analysis of the study and testing data in writing within 14 days. The applicant shall reimburse the Township for all costs incurred by the Township Engineer in meeting with the applicant and reviewing the application.
C. 
The applicant shall present the completed report and all supporting data to the Township before approval of the preliminary plan or, if the Subdivision Ordinance does not require submission of a preliminary plan, with the application for approval of a final plan.
D. 
The Township Engineer shall review the report to determine if it contains all information this article requires. If the report is incomplete, the Township Engineer shall reject the report and inform the applicant of the deficiencies in writing. The applicant may resubmit the report after addressing the Township Engineer's comments or may appeal the determination of the Township Engineer to the Board of Supervisors. The applicant shall reimburse the Township for all costs of the Township Engineer in meeting with the applicant, analyzing the report, and presenting information to the Township Planning Commission and Board of Supervisors.
E. 
The applicant shall include the following data, presented in tabular form, for all existing wells within a one-quarter-mile radius of the tract as provided by the water well inventory maintained by DCNR Bureau of Topographic and Geologic Survey as part of the report:
(1) 
Pennsylvania well identification number.
(2) 
Date drilled.
(3) 
Latitude and longitude.
(4) 
Current street address.
(5) 
Well depth.
(6) 
Static water level.
(7) 
Well yield.
(8) 
Yield measure method.
(9) 
Length of yield test.
F. 
Isolation distance requirements. All wells shall be located in accordance with the isolation distances established in Pennsylvania Code Title 25, Chapter 73, Section 73.13, as amended. No new well shall be located within 100 feet of any existing adjacent domestic water supply.
G. 
Minimum residential yield/demand requirement. The minimum acceptable yield and demand for residential units shall be 315 gallons per day per unit of residential occupancy at a demand rate of not less than two gallons per minute for one hour, either with or without the use of a storage system. The report shall demonstrate that the water source can supply this yield and that the water so supplied will be potable.
H. 
Minimum principal nonresidential yield/demand requirement. The minimum acceptable yield and demand for nonresidential units shall be 400 gallons per day per unit of nonresidential occupancy at a demand rate of not less than four gallons per minute for one hour, either with or without the use of a storage system. The report shall demonstrate that the water source can supply this yield and that the water so supplied will be potable.
I. 
The report shall contain a drawdown/well interference analysis as follows:
(1) 
For any development proposing two dwelling units, but less than three dwelling units, including remaining lands, either initially or cumulatively as of November 16, 2002, the report may be prepared using available reference information and data or may be prepared by on-site testing and observation.
(2) 
For any development proposing three or more dwelling units, including remaining lands, either initially or cumulatively as of November 16, 2002, the report shall be prepared using on-site testing and observations.
(a) 
For residential developments, the water withdrawal rate shall be based upon a rate of 315 gallons per day per three-bedroom dwelling.
[1] 
The water withdrawal rate shall be increased by 90 gallons per day for each additional bedroom over three bedrooms.
(3) 
A drawdown/well interference report shall be prepared for all nonresidential developments proposing water consumption of 400 gallons per day, either initially or cumulatively, as of November 16, 2002.
(a) 
For nonresidential developments proposing more than 400 gallons per day, but less than 1,200 gallons per day, either initially or cumulatively as of November 16, 2002, the report may be prepared using available reference information and data, or may be prepared by on-site testing and observation.
(b) 
For nonresidential developments proposing 1,200 or more gallons per day, either initially or cumulatively as of November 16, 2002, the report shall be prepared using on-site testing and observations.
(c) 
For those tracts for which the drawdown/well interference report was prepared by using available reference information and data (as opposed to on-site testing and observation), and the report indicates that the yield or demand will be within 25% of the minimum requirements as provided above, the applicant shall be required to install the well(s) and demonstrate that the supply is capable of meeting the yield and demand requirements prior to the application for any permits authorizing any construction upon the tract.
(d) 
The on-site testing and observations as required above shall be accomplished by at least one pumped well and at least two observation wells which have hydraulic continuity with the pumped well(s).
(e) 
The report shall demonstrate that the groundwater recharge on the specific tract will exceed the anticipated water withdrawal during a one-in-ten-year drought or a 40% percent below normal reduction in precipitation for recharge based upon the following:
[1] 
The area available for recharge shall be based upon post-developed impervious conditions.
[2] 
The recharge rate may include estimated recharge from on-lot sewage disposal systems.
[3] 
The recharge rate shall include an analysis of the impact of the post-developed stormwater management system.
[4] 
The recharge rate may include estimated recharge from stormwater management infiltration facilities based upon a 40% reduction in precipitation.
(f) 
Commercial, industrial, agricultural or any other nonresidential development water withdrawal rates shall be calculated by increasing the DEP sewage flows as provided in Pennsylvania Code Title 25, Environmental Protection, Chapter 73, Standards for Sewage Disposal, Section 73.17, Sewage Flows, by 20% percent.
[1] 
The report shall include a description of the proposed use, the proposed number of employees and whether or not water will be used for cleanup and/or processing or otherwise in connection with the use. The applicant shall in addition set forth the proposed allocation of available water supply between or among the proposed uses and shall set forth a plan or proposal pursuant to which such allocation can reasonably be monitored and enforced by the Township.
(g) 
Water withdrawal rates for all other uses not provided for by the above shall be based upon the maximum anticipated peak demand increased by 20%.
[1] 
The report shall include a description of the proposed use, the proposed number of employees and whether or not water will be used for cleanup and/or processing or otherwise in connection with the use. The applicant shall in addition set forth the proposed allocation of available water supply between or among the proposed uses and shall set forth a plan or proposal pursuant to which such allocation can reasonably be monitored and enforced by the Township.
(h) 
The applicant shall develop a preliminary groundwater computer model to produce a plot of the anticipated drawdown within the groundwater system to demonstrate that the installation of the proposed water system(s) will not lower the groundwater table in the area so as to endanger or decrease the water supplies necessary for any existing or potential use (s) upon properties adjacent. to the proposed project.
A. 
The applicant shall supply the report to the Township Engineer for review to determine compliance with this article. The Township Engineer shall determine whether the report contains all information and studies this article requires and whether the report demonstrates that their proposed water supply for the development meets the minimum standards of this article.
B. 
The Township Engineer shall provide the Township Planning Commission and the Board of Supervisors with his review of the report.
C. 
The Township Planning Commission and the Board of Supervisors shall review the report. The Board of Supervisors shall notify the approving agency under the Subdivision Ordinance[1] this article for a safe, adequate and reliable water supply.
[1]
Editor's Note: Said ordinance is on file in the Township offices.
A. 
Any person aggrieved by a determination of the Township Engineer may file an appeal in writing to the Board of Supervisors. Such appeal shall be made in writing within 10 days after the Township Engineer rendered the determination. The appeal shall be verified by an affidavit, shall state the grounds therefor and shall be filed with the Township Secretary. The appeal shall be accompanied by the appeal fee which shall be established by ordinance or resolution of the Board of Supervisors. The appellant or his representative shall have the right to appear and be heard, if such right is requested in the written appeal. The Board of Supervisors shall make a prompt decision on such appeal. In making a decision, the Board of Supervisors may vary or modify any provision of this article where there are practical difficulties in the way of executing the strict letter of the law so that the spirit of the law shall be observed, public safety secured, and substantial justice done. Such variation or modification shall be the minimum necessary in order to grant relief.
B. 
Any person aggrieved by a decision of the Board of Supervisors may file a written request for reconsideration which shall be processed in accordance with § 181-9A above.
A. 
Any person who proposes the installation and use of a community water system shall demonstrate that the community water system meets the requirements of this article for a safe, adequate and reliable water supply. Such person shall submit an application to the Township for a permit to operate a community water system, which application shall include:
(1) 
A report prepared under this article.
(2) 
A copy of all information supplied to DEP concerning the community water system.
(3) 
A copy of the DEP approval to operate the community water system.
B. 
The Township may annually inspect each community water system. The owner of the community water system shall pay all costs associated with the yearly inspection of the community water system.
C. 
All persons who own a lot which is served by a community water system shall properly use such community water system. The owner of the community water system shall properly maintain the community water system.
D. 
Any person who owns a lot served by a community water system, any person who occupies a lot served by a community water system, any person who owns a community water system, and any person maintaining a community water system shall report any malfunctioning or contamination of such community water system to the Township. Such report shall be made as soon as possible but in no case later than three days after discovery of the malfunction or contamination.
A. 
It shall be a violation of this article to commit or permit any other person to commit any of the following acts:
(1) 
To place false information on or omit relevant information from an application.
(2) 
To place false information in or omit relevant information from a report.
(3) 
To seek final approval of a subdivision or land development application without providing a satisfactory report where this article requires the applicant to prepare and submit a report.
(4) 
To fail to report a malfunctioning or contaminated community water system.
(5) 
To fail to comply with any other provision of this article.
B. 
Any person who shall violate any provision of this article shall, upon summary conviction, be subject to a fine not less than $200 and not more than $1,000 for each violation, together with costs of prosecution in each case. Each day a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as a separate violation.