[Added 7-7-1997 by Ord.
No. 97-3]
A.
The purpose of this article 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 groundwater
and surface water contamination 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 the hydrogeologic and other
features of the Borough conducted by the York County Planning Commission.
B.
This article is enacted pursuant to the authority contained in the
Constitution of the Commonwealth of Pennsylvania and the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended or revised,[1] 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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]
A.
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 supply well, which shall be a radius of 200 feet.
(2)
Zone 2 shall be that area marked on Exhibit A as Zone 2, which Zone
2 represents an area determined by methods applicable to that hydrogeologic
setting, as a zone of contribution to the well.
(3)
Zone 3 shall be that area marked on Exhibit A as Zone 3, which Zone
3 represents the area that contributes surface water and groundwater
to Zone 2.
B.
Where the boundary of any zone divides any property, the entire property
shall be considered to lie within the zone offering the highest degree
of protection to groundwater resources. Should any person challenge
the boundary of Zone 1, 2 or 3, it shall be the responsibility of
that person to retain a recognized professional with competence in
the field to determine more accurately the precise boundary of the
disputed area. The final boundary to be used will be determined by
the Borough with assistance from the Borough Engineer and/or a professional
hydrogeologist, as appropriate.
[1]
Editor's Note: Exhibit A is attached to Ord. No. 97-03,
on file in the office of the Borough Secretary.
A.
Within the Wellhead Protection Overlay District, land uses shall
be regulated as follows:
(1)
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 attached to Ord. No. 97-03,
on file in the office of the Borough Secretary.
B.
Certain particular regulated land uses will be prohibited or permitted
only by special exception, within Zone 1, Zone 2 or Zone 3, as applicable,
as if set forth in the Schedule of Regulated Land Uses.
Within the Wellhead Protection Overlay District, land uses shall
be regulated as follows:
|
Use
|
Zone 1
|
Zone 2
|
Zone 3
| |
|---|---|---|---|---|
|
1.
|
Bulk storage of regulated substances
|
X
|
X
|
SE
|
|
2.
|
Dry-cleaning establishments, coin or commercial laundries
|
X
|
X
|
SE
|
|
3.
|
Garage service station (gasoline station)
|
X
|
X
|
SE
|
|
4.
|
Heavy manufacturing uses
|
X
|
X
|
SE
|
|
5.
|
Junkyards
|
X
|
X
|
X
|
|
6.
|
Land application of wastewater and sludges
|
X
|
X
|
X
|
|
7.
|
Livestock animals in excess of 25 animal equivalent units per
acre in yarding areas
|
X
|
X
|
X
|
|
8.
|
Metal plating establishments
|
X
|
X
|
SE
|
|
9.
|
Open burning sites and dumps
|
X
|
X
|
X
|
|
10.
|
Quarries and mining operations
|
X
|
X
|
X
|
|
11.
|
Road salt stockpiles
|
X
|
SE
|
SE
|
|
12.
|
Sales and/or storage of fuels
|
X
|
SE
|
SE
|
|
13.
|
Sanitary landfill
|
X
|
X
|
X
|
|
14.
|
Sewage treatment facilities with an on-site disposal of primary
or secondary treated effluent in excess of 5,000 gpd
|
X
|
X
|
X
|
|
15.
|
Storage and mixing of regulated substances
|
X
|
X
|
SE
|
|
16.
|
Storage of inflammable liquids and gases
|
X
|
SE
|
SE
|
|
17.
|
Use which involves as a principal activity the manufacture,
storage, use, transportation or disposal of regulated substances
|
X
|
X
|
X
|
|
18.
|
Use which involves use or storage of regulated substances in
quantities greater than those with normal household use
|
X
|
SE
|
SE
|
|
19.
|
Used motor vehicle sales area
|
X
|
SE
|
SE
|
|
NOTES:
|
|---|
|
X = Not allowed
|
|
SE = Special exception
|
|
As used in this section, 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.
|
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 Zoning Officer of the Borough the following records and information
in the manner prescribed:
A.
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 governmental authorities;
B.
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, as and when such notices, reports and documents are required
to be filed with such governmental authorities; and
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 Zoning Officer of the Borough is hereby designated as the Borough
official responsible for the administration and enforcement of this
article. The Zoning Hearing Board of the Borough shall hear appeals
from the written determinations and orders of the Zoning Officer regarding
applications, enforcement notices, cease and desist orders and other
matters and shall also hear substantive and procedural challenges
to the validity of this article.
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;
(2)
Such nonconforming use has not been and is not discontinued for a
period of 12 consecutive months;
(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 § 160-35 of this article regarding reporting requirements; and
(5)
Such nonconforming use is not an actual known 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 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 § 160-34 thereby prohibiting such regulated land uses or permitting such regulated land uses only upon the granting of a special exception. 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 exception in accordance with the terms of this article shall not be deemed to be a nonconforming use of land under the terms of this article, but shall without further action be considered a land use written is in conformity with the terms of this article.
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 exception, such special exception shall
only be granted upon the following conditions:
(1)
Such regulated land use is one which is specifically authorized as a special exception use in the Wellhead Protection Zone in question, as set forth in § 160-34.
(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 violative of safe drinking water standards promulgated by
federal, state or county governmental authorities.
(3)
Satisfactory evidence has been provided to the Borough's Zoning
Officer 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 exception shall be made to the Zoning Hearing
Board of the Borough in writing on such form as may be prescribed
by the Zoning Officer and approved by resolution of the Borough 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.
G.
The Zoning Hearing Board of the Borough shall issue a written determination
approving or disapproving the application for a special exception
or conditioning the granting of the special exception upon adherence
to any or all of the following requirements by the applicant for the
special exception, where the Zoning Hearing Board has found that such
adherence is reasonably necessary to fulfill the groundwater protection
purposes of this article:
(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 Zoning Hearing Board of the Borough)
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 by the owner, occupant, the
Zoning Officer and/or third parties of the regulated land use area;
H.
Applications to the Zoning Hearing Board of the Borough for a special
exception under this article, as well as written determinations of
the Zoning Officer and appeals from the written determinations of
the Zoning Officer to the Borough Zoning Hearing Board and appeals
to the courts of the Commonwealth of Pennsylvania, shall be subject
to the same procedural (but not substantive) rules as are applicable
to applications for special exceptions under the terms of the underlaying
Zoning Ordinance of the Borough in effect at the time the application
is filed.
All major subdivision proposals and other proposed new development
plans to be located within the Wellhead Protection Overlay District
shall be reviewed by the Zoning Officer and the Borough Planning Commission
for compliance with the provisions of this article. It shall be the
responsibility of the Zoning Officer 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 article.
A.
Subdivisions and land developments within Zones 1, 2 or 3 for which stormwater management controls are required pursuant to Chapter 138, Subdivision and Land Development, shall be designed consistent with the following:
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 Chapter 138, Subdivision and Land Development:
(1)
A
recognized professional with competence in the field shall review
aerial photographs, soils, geologic and other available related data
as the data relates to the subject property. The professional shall
also conduct a site inspection of the property.
(2)
Based on the work required in § 160-36B(1), the professional shall prepare a map of the site showing all topographic, geologic and other pertinent physical features. The mapping shall indicate, but shall not be limited to, the following:
(3)
Based upon the work performed in § 160-36B(1) and (2), the professional shall determine what if any further testing should be done by the applicant to ensure compliance with this article. 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 § 160-36B(3) to be done. A study report shall be submitted and referred to the Borough Engineer. This study shall include a map of the area, all test results and a recommendation on the mitigation measures to be taken.
(5)
The
Borough Engineer shall report to the Planning Commission, with a copy
to the landowner, his or her 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 carbonate
areas are either eliminated or minimized. Recommendations for site
development, including building location, may be included. Additional
studies or testing as deemed necessary by the Borough Engineer 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 special
exception:
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 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 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 article.
A.
The following design standards apply to underground storage tanks
located within the Wellhead Protection Overlay District:
(1)
The design and construction of underground storage tanks shall be
in accordance with applicable federal and state requirements, including
the rules and regulations of the Pennsylvania Department of Environmental
Protection (PADEP).
(2)
The tank shall be constructed of fiberglass-reinforced plastic, coated
and cathodically protected steel or fiberglass-reinforced plastic
composite.
(3)
The tank and associated tank piping shall provide for secondary containment
for release detection purposes which may include double-walled tanks
and piping, a concrete vault in which the tank and piping is placed
or an impermeable liner in the excavation zone in which the tank and
piping is placed.
(4)
The tank shall be equipped with spill and overfill prevention equipment
and a leak detection system.
(5)
A thirty-day written notice shall be submitted to the Borough's
Zoning Officer prior to the installation or removal of a tank.
B.
The following design standards apply to aboveground storage tanks
located within the Wellhead Protection Overlay District:
(1)
The design and construction of aboveground storage tanks shall be
in accordance with applicable federal and state regulations.
(2)
Aboveground storage tanks shall be equipped with a containment device
designed to contain an unauthorized release, retain it for cleanup
and prevent released materials from penetrating into the ground.
(3)
The containment device shall be large enough to contain 100% of the
volume of the tank, in cases where a single tank is used to store,
handle, use or produce a hazardous material. In cases where multiple
tanks are used, the containment device shall be large enough to contain
100% of the volume of the largest tank.
(4)
All containment devices shall be constructed of materials of sufficient
thickness, density and composition to prevent structural weakening
of the containment device as a result of contact with any hazardous
material and shall be capable of containing any accidental release
for at least a period sufficient to allow detection and removal of
the material. Provisions shall be made for monitoring, testing and
immediate removal of accumulated precipitation.
(5)
The design of the tank shall meet applicable technical standards
for the specific type and class of tank as set forth in the applicable
Underwriters' Laboratories, Inc., Standards No. 142 of the American
Petroleum Institute (API), by the American Water Works Association
(AWWA) or by the Society of Mechanical Engineers (ASME). The tanks
shall be fabricated, tested and installed in accordance with the appropriate
codes and standards applicable to the material to be stored therein.
(6)
The tank shall be designed with monitoring standards consistent with
the manufacturer's specifications.
(7)
The tank shall be tested as required by federal and state codes and
standards.
(8)
The tank and containment area shall be protected by a security fence.
(9)
A thirty-day written notice shall be submitted to the Borough's
Zoning Officer prior to the installation or removal of a tank.
For the purpose of preventing violations of this article and
enforcing the provisions of this article, the Borough shall have available
to it the same preventive and enforcement remedies, including the
use of civil actions, as are set forth in this chapter. In addition,
the Zoning Officer of the Borough is authorized to issue cease and
desist orders whenever such Zoning Officer becomes aware of violations
of this chapter. 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 this chapter.
The Borough Council shall, from time to time, establish by resolution
a schedule of fees, charges and expenses and collection procedures
for special exceptions, 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 Borough.
An application will not be considered to be complete until all applicable
fees charges and expenses have been paid in full.
Whenever there is a difference between any of the minimum standards
specified in this article and any standard included in any other ordinance,
law or regulation of the Borough, 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 Ordinance[1] of the Borough, as each is in effect from time to time.
