As used in this article, the following terms shall have the
meanings indicated:
AQUIFER
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.
AUTHORITY
The Washington Township Municipal Authority or its agent(s).
COMMUNITY WATER SOURCE
Water obtained from a well, spring, or other source that
supplies Potable Water for a public water system.
GROUNDWATER
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.
MUNICIPALITY
The Township of Washington, Franklin County, Pennsylvania.
OWNER
The person who is the holder of the record title to real
property or the person entitled to the use of the property.
PERSON
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.
POLLUTION
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.
PUBLIC WATER SYSTEM
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.
TOWNSHIP
Washington Township, Franklin County, Pennsylvania governmental
jurisdiction or governing body represented by the Board of Township
Supervisors or its agent(s).
WATER SUPPLY WELL
Any well that is constructed to remove or to return water
to the ground.
WATER TABLE
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.
WELL
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.
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. 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.
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.
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 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 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:
(b)
Seasonal high water table indicators.
(d)
Surface drainage into ground.
(g)
Oil, gas or water wells (active or abandoned).
(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.
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.