[Ord. 262, 9/17/2007]
The purpose of this Part is to attempt to provide that new wells
constructed in Wrightstown Township are able to provide a reliable,
safe, and adequate water supply to support intended uses within the
capacity of available groundwater resources; to attempt to determine
that new wells do not infringe upon the performance of existing wells;
to provide for the collection of accurate groundwater information;
and to implement Article I, Section 27, of the Constitution of the
Commonwealth of Pennsylvania, which decrees that the people have a
right to pure water.
[Ord. 262, 9/17/2007]
If any sentence, clause, section, or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Wrightstown Board of Supervisors that this Part would have been adopted
had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
[Ord. 262, 9/17/2007]
The provisions of this Part shall be interpreted and applied
as minimum requirements for the promotion of the public health, safety,
comfort, convenience and general welfare. This Part should be interpreted
in pari materia with any other ordinances, regulations or statutes.
Whenever provisions of this Part cannot be reconciled with the provisions
of any other applicable ordinance, statute or regulation, then that
ordinance, statute or regulation which imposes greater restrictions,
requires a greater level of testing, imposes a higher standard or
is least permissive shall control. In the event any provision of this
Part is preempted by a superior governmental regulatory or statutory
scheme, then the provision(s) of this Part so preempted shall not
apply unless the applicant is seeking dedication to Wrightstown Township
of the proposed well(s) or water system, in which case compliance
with all the provisions of this Part shall be a condition of dedication.
[Ord. 262, 9/17/2007]
For the purpose of this Part, the following words or phrases
shall have the meanings given in the following definitions:
With regard to wells impacted by a well or wells for which
permits are secured, a draw down and decrease in water supply, a problem
of quality of water, a problem of the odor or turbidity of water,
and/or any other related problem which results in impairment of the
supply or quality of water from wells for domestic or agricultural
use.
Water is withdrawn from a well at a measured rate over a
measured time increment to determine the ability of the aquifer to
supply the required amount of water in a manner which is sustainable
given the natural hydrologic and hydrogeologic system and does not
cause damage to the environment or other wells.
A well installed as part of an aquifer test for the purpose
of monitoring groundwater elevations during the test.
Bucks County Health Department.
Board of Supervisors of Wrightstown Township.
Commercial, industrial, and professional activity, whether
conducted for profit or not for profit.
Capacity of the well shall mean the amount of water, which
can be withdrawn from the well either by pumping or free flowing.
The capacity does not mean the anticipated average withdrawal rate
on the well. The capacity of a well may vary seasonally and change
with time.
The person designated by Wrightstown Township to receive
building, zoning, subdivision and land development applications and/or
to enforce Township ordinances.
A person, partnership, association or corporation, and shall
mean anyone to whom water is supplied by the Township, whether as
owner or tenant.
The Delaware River Basin Commission.
All action necessary for the construction or reconstruction
of wells such as drilling, boring, coring, washing, digging, driving,
or jetting. This shall not apply to drilling of blast holes in quarries
or to core holes drilled for geotechnical exploration or investigation.
A habitation intended for occupancy by a single family.
The point in time when the residential development is first
fully occupied that the well, or well cluster, is intended to serve;
or in the case of a nonresidential use, the point in time when the
use has reached its full water demand.
A well to be utilized for heating purposes, cooling purposes,
or both.
Water that is naturally contained underground.
A hydrologic budget for a given area describes the relationship
between groundwater recharge, groundwater discharge and the change
in groundwater storage. To ensure adequate water supply over the long
term, groundwater discharge through streams and well pumping should
not exceed groundwater recharge. Some temporary depletion of groundwater
storage is acceptable during dry periods, provided that this loss
can be replaced by recharge over an average of five years and it does
not adversely affect other wells or streams.
That surface water and aquifer system determined by the water
resources impact study required in Part 2F hereof within which the
utilization of the proposed well(s) will have an impact upon the underlying
aquifer(s) or has the potential to adversely affect pre-existing wells.
The land area of the hydrologic environment is to be depicted on a
plan as required by the water resources impact study.
Wells intended to supply water on the property of a private
home or to service no more than two residential dwellings.
A well utilized for measuring of groundwater elevations and/or
quality but not for water supply.
Construction pursuant to a valid building permit issued subsequent
to the date of enactment hereof.
The Pennsylvania Department of Environmental Protection.
The average rate of discharge of water from a well, in gallons
per minute, during peak demand periods. For residential use, the peak
demand rate shall be determined using the fixture unit values as provided
by Act 45 and the Uniform Construction Code (UCC) current editions.
For commercial/ industrial uses, the peak demand rate shall be determined
by the intended use of the facility.
Any individual, company, municipality, political subdivision,
corporation, partnership, municipal authority, association, or any
agency of county, state, or federal government as well as a natural
person and shall additionally mean anyone to whom water is supplied
by the Township, whether as owner or tenant. This term shall include
the officers, employees and agents of any of the above-listed entities.
A system for the provision of water for human consumption
which serves three or more dwelling units or one or more commercial,
industrial or institutional uses.
Increasing the depth or diameter of an existing well.
The abandoning of an existing Class 1 well (hereinafter defined)
and replacing it with a newly drilled well.
The Township of Wrightstown.
Waters contained within the interstitial spaces in soil or
rock or within fractures, bedding planes or other breaks in bedrock
or waters of underground streams, channels, artesian basins, or other
bodies of water in or under the ground, whether percolating or otherwise.
Any excavation that is drilled, cored, washed, driven, dug
or otherwise constructed for the location, diversion, or acquisition
of underground waters or charging of waters into the underground strata.
The wells that will serve the individual lots in a subdivision
of four or more lots or any community well.
Any water well contractor licensed by the Commonwealth of
Pennsylvania and the Bucks County Health Department (BCHD), his employees,
or representatives in responsible charge of drilling or otherwise
constructing a well.
[Ord. 262, 9/17/2007]
1.
No person within the Township shall drill a well or withdraw groundwater
for any purpose by use of a well except as permitted by this Part
and within the regulations herein set forth.
2.
An occupancy permit for a new residential or nonresidential building,
structure, or addition to a building, which is to be served by a new
Class 1 well (hereinafter defined), shall not be issued unless the
new well meets the requirements of this Part and those of the PA DEP,
DRBC and the BCHD publications Rules and Regulations Governing Individual
Water Supply Systems and Individual Water Supply Well Construction
Specifications.
3.
Preliminary plan approval of a major subdivision or land development
that will be served by a Class 2 or 3 well (hereinafter defined) shall
be contingent upon the satisfactory completion of the well testing
and water resources impact studies required herein.
4.
This Part applies to existing wells only when they are being reactivated,
redrilled or their use is being expanded by more than 1,000 gallons
per day.
