The title of this article shall be known and may be cited as
the "Mandatory Aquifer Nonuse Ordinance."
The Pennsylvania Department of Environmental Protection (PA
DEP) has determined that within a certain area designated as the Aquifer
Nonuse Area (ANUA) the groundwater may contain chemical constituents
which preclude its safe use for domestic, potable or agricultural
water supply. The ANUA is within the service area of the public water
system of the Borough. The Borough wishes to establish restrictions
and procedures to prevent the extraction of groundwater and require
the use of the public water system for domestic, potable and agricultural
supply for all land located within the ANUA.
The following words and terms shall have the meanings respectively
ascribed to them as follows, unless the context clearly indicates
a different meaning:
Any use for the irrigation of crops or use for animal consumption
or incorporation and animal feed.
The area identified on the plan titled "Designated Non-Use
Aquifer Area," dated May 9, 2016, prepared by RKR Hess, a Division
of UTRS, and included herein by reference. A listing of properties
included within the ANUA is included on such plan.
[Amended 7-19-2022 by Ord. No. 1389, approved 7-19-2022]
Any portion of any parcel or lot located within the ANUA.
Water supplied to a location by tank truck and stored on
site in a single container of sufficient capacity to hold at least
two weeks of anticipated water use. Bulk supply does not include bottled
water for individual, water cooler or similar uses.
Any normal household use, including, but not limited to,
drinking, bathing, cleaning, laundry, swimming pools, lawn and landscape
watering and toilets.
Any individual, corporation, firm, partnership or any other
entity or association.
The public water system operated by the Borough of East Stroudsburg,
Pennsylvania.
A.
Except as otherwise provided in Subsection B, it shall be unlawful for the owner or tenant of any portion of the ANUA property to extract or permit the extraction of any groundwater from within the boundaries of the ANUA or to drill, install, operate or maintain any well or other appliance for the extraction of groundwater from within the ANUA.
B.
Any person may apply for an exception to the restriction of Subsection A upon the application to the Borough with plans and descriptions which demonstrate to the satisfaction of the Borough Codes Official and Borough Manager the following:
(1)
Any groundwater extracted from with the ANUA will not be used for
domestic, potable or agricultural use or supplies, except that a well
not connected to any structure may be used for watering grass or similar
groundcover (not crops or other agricultural use); and
(2)
Any proposed use of the groundwater extracted from the ANUA will
not endanger the public health, safety and welfare.
A.
Except as provided in Subsection B, no building or structure may be erected on a lot located entirely within the ANUA unless it is connected to the Borough water system within 45 days after completion of construction.
B.
Any person may apply for an exception to the restriction of Subsection A upon the application to the Borough with plans and descriptions which demonstrate to the satisfaction of the Borough Codes Official and Borough Manager the following:
(1)
Any use of the proposed building or structure to be erected within
the ANUA has no reasonable need for water to be used for domestic,
potable or agricultural uses.
Any exceptions permitted pursuant to § 154-34B or 154-35B may be withdrawn upon the determination by the Borough that the property, building or use no longer satisfies the standards for the exception. Both in the case of the original application for exception and any appeal from a withdrawal of an exception by the Borough, it shall be the burden of the applicant or appellant to prove satisfaction of the standards for the exception.
Any person aggrieved by a decision of the Borough under this article may, within 30 days after the rendering of such decision, appeal the decision under the provisions of Article III of this chapter.
For the purposes of this article, the records of the Borough
Department of Water shall be deemed competent record of whether a
subject property has been connected to the Borough water system so
as to be in compliance with the article.
If any property, building or structure is in violation of provisions of this article, the Borough will notify the owner, tenant or other occupiers of the property by certified mail or personal service to discontinue all violations of this article, immediately, except that any connection to the public water system required pursuant to § 154-35A above shall be completed within 90 days of the receipt of such notice.
After notice, any failure to comply with all provisions of this
article shall be considered a threat to the public health and safety,
and in addition to any other fines or penalties, such property, buildings,
structures and appliances shall be deemed in violation of the East
Stroudsburg Building Code.
In addition to any penalty herein above prescribed, any person
violating any provision of this article shall, upon conviction thereof,
be sentenced to pay a fine not to exceed $600 for any one offense
and/or imprisonment for a term not exceeding 90 days.
Within 30 days after the adoption of any amendment or repeal
of this Mandatory Aquifer Nonuse Ordinance, the Borough Manager shall
notify the Northeast Regional Office of the Pennsylvania Department
of Environmental Protection, Wilkes Barre, Pennsylvania in writing
of any such amendment or repeal.
