[Ord. 208, 9/25/2012]
1. 
Provision of Water Supply. Where public water supply, in the opinion of the Commission, is reasonably accessible, the subdivision shall be provided with a complete water distribution system, including a connection for each lot and appropriately spaced fire hydrants.
2. 
Location of Water Lines. Where public or community water lines are installed, all such water lines shall be located between pavement and the property line within any street right-of-way.
3. 
Water Supply. If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or development, applicant/developers shall present evidence to the Board of Supervisors that the subdivision is to be supplied by a certified public utility, a bona fide cooperative associations of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable.
[Ord. 208, 9/25/2012]
1. 
Purpose. These regulations are to ensure that each proposed residential dwelling unit or nonresidential use to be served by private on-lot well(s) shall have an adequate supply of potable water while not adversely impacting water quality and quantity of neighboring wells and the environment.
A. 
For residential purposes, where public water supply is not available within 100 feet of the property boundary, and a public water supply is not required for the proposed use by the Zoning Ordinance [Chapter 27], the applicant/developer shall construct a well on each proposed lot to service only that lot.
B. 
This Chapter does not apply to a well, or group of wells on one lot, that will produce more than 100,000 gallons of water per day over any thirty-day period. Such well(s) shall be governed by the Delaware River Basin Commission (DRBC) and the PA DEP. Copies of all correspondence between the DRBC, PA DEP and applicant/developer shall be provided to the Township at the time at which they were produced.
C. 
No permit for a nonresidential use, or addition to a nonresidential building, which is to be served by a well, shall be issued unless the well intended to serve the building has been constructed and tested in accordance with this Chapter.
D. 
A well that does not provide an adequate supply of water for the proposed use, considering both quality and quantity; and/or adversely affects nearby wells, wetlands or watercourses shall not be approved by the Township.
E. 
The site plan shall contain a plan notation stating that any proposed well is subject to the provisions of the well construction standards, which includes requirements for well permitting, water quality testing, and well production certification.
F. 
For all proposed residential subdivisions containing six or more lots/units including the existing lot/unit, and, all proposed nonresidential subdivisions and/or land developments which are estimated to produce between 500 gallons and 100,000 gallons of water per day over any thirty-day period, the applicant/developer shall complete a “Water Resource Impact Study” which shall in general satisfy the following:
(1) 
Four copies of a “Water Resource Impact Study” shall be submitted to the Township with the preliminary plan application. An application for subdivision and/or land development shall be considered incomplete without the required “Water Resource Impact Study.”
(2) 
A forty-eight-hour pumping test of representative on-site well(s) is required for the overall site for preparation of the “Water Resource Impact Study” in accordance with the requirements of this Chapter at location(s) and rates approved by the Township Engineer.
(3) 
Monitoring wells are required for the forty-eight-hour pumping test. Monitoring wells should be existing wells located on the site and on nearby properties, as approved by the Township Engineer. If existing wells are not available, or permission from the property owner is not secured, then monitoring well(s) shall be drilled where permissible.
(4) 
The applicant/developer shall execute a well depletion agreement with the Township and post the required financial security prior to recording the final plans.
(5) 
Any existing dwelling units located on a site count towards the lot/unit threshold requirement. All lots and/or properties in existence as of the date of adoption of this Chapter shall be counted towards the lot threshold requirement. The piecemeal subdivision of lots will not result in an exemption from requirements of this Chapter, and upon application for the third lot of any property in existence as of the date of the adoption of this Chapter, the requirements of this Chapter shall be mandatory. Expansion of existing nonresidential facilities, which will result in an increase in water consumption, shall comply with this Chapter.
[Ord. 208, 9/25/2012]
1. 
Purpose. These regulations are to ensure that expansion of production from existing wells or development of new wells in Smithfield Township are able to provide a reliable, safe, and adequate supply of water to support the intended use within the capacity of available groundwater resources, and to estimate any impacts of the additional water withdrawals on existing nearby wells, underlying aquifers, wetlands and watercourses.
2. 
All elements of the pumping test well and water quality analysis shall be completed prior to submission of the “Water Resource Impact Study.” A well construction permit is required for the pumping test well(s) and monitoring well(s) for preparation of the “Water Resource Impact Study.”
3. 
A “Water Resource Impact Study” shall be prepared by a professional geologist and/or professional engineer, licensed in the Commonwealth, experienced in the performance of groundwater investigations for water supply wells.
4. 
The “Water Resource Impact Study” shall be signed and sealed by the person(s) preparing the study and shall include the following information, with respect to the proposed subdivision and/or land development:
A. 
Calculations of the projected water demand, including both average and peak daily consumption, using the applicable criteria set forth in the following references:
(1) 
The adequacy of each residential water supply shall be determined based upon a peak water demand considered to be that specified for sewage system flows as stated in PA DEP Title 25, Chapter 73.31.
(2) 
The adequacy of nonresidential water supplies shall be determined based upon the minimum water requirements published in Table IV – 1.2 of Part IV of the current edition of the PA DEP Public Water Supply Manual. For nonresidential facilities other than those found in Table IV – 1.2, the adequacy of nonresidential supplies shall be based upon the flow assumptions published in PA Title 25 Chapter 73 Standards for Sewage Disposal Facilities, Section 73.17(b), or shall be based on actual water meter or sewage meter flow data for facilities of similar type and size. The applicant/developer shall substantiate any meter flow data used to determine the adequacy of nonresidential supplies by submitting copies of water and/or sewer bills for the similar facilities.
(3) 
Guide for Determination of Required Fire Flow by the Insurance Services Office (ISO), as amended.
(4) 
Standards and Manuals for the American Water Works Association, as amended.
(5) 
In addition to the above, the projected water demand shall include any additional flow required to comply with National Fire Protection Association specifications for sprinkler systems.
B. 
A topographic and geologic map of the area within a one mile radius of the site.
C. 
The following information shall be provided on a regional topographic map for the area within 1/2 mile radius of all proposed wells. If any existing wells withdrawing over 10,000 gpd are located within 1.0 mile of the site, the mapping radius shall be extended to 1.0 mile. Said map shall be up to date by using recent aerial photographs and/or a driving survey.
(1) 
The location of all faults, lineaments and fracture traces.
(2) 
The location of all existing and proposed wells; including the test well(s) and monitoring wells.
(3) 
The location of all existing and proposed on-lot sewage disposal systems as well as all sewage treatment system surface water discharges.
(4) 
The location of facilities storing or handling residual or hazardous wastes and substances, or petroleum products.
(5) 
The location of all perennial and intermittent watercourses.
D. 
A site plan shall be provided, showing existing and proposed lot lines. The following features shall be presented on an up to date plan for the site and area within 300 feet beyond the site perimeter.
(1) 
Flagged Wetland Boundaries. The plan shall include a statement noting the findings of a Phase I Bog Turtle Survey as to whether the potential exists for bog turtles within the wetlands and the name of the certified person who performed the wetlands/bog turtle survey. If permission cannot be granted to perform a Phase I Bog Turtle Survey of neighboring lands within 300 feet of the site, a written statement regarding this shall be provided on the plan.
(2) 
All springs, seeps and ephemeral pools.
(3) 
All watercourses with a statement as to whether they are perennial or intermittent.
(4) 
Exiting and proposed wells.
(5) 
Existing and proposed septic systems.
(6) 
Test well(s) and monitoring wells.
(7) 
Topography.
(8) 
Piezometer Wells, if applicable.
E. 
Pumping Test Wells.
(1) 
The number of test wells is dependent upon the number of proposed houses. One pumping test well shall represent spatially and by supply, groups of 25 or less homes. Thus, a pumping test well is required for increments of 25 or less proposed homes, be located in the approximate center of the cluster of homes and will be pumped at a rate that must exceed 150% of the anticipated peak water demands of those homes. The test wells may be located so as to later be used as individual residential wells. Pumping of the test wells shall occur on separate weeks so as to avoid interaction.
(2) 
For nonresidential developments, the test well shall be the supply well anticipated for use by the facility. A back-up well is highly recommended and should be tested on a separate week than the primary well.
F. 
Monitoring Wells.
(1) 
At least six monitoring wells shall be employed for each pumping test. Monitoring wells shall be evenly spaced radially around the test well so as to represent the region. Wells shall be evenly distanced from the test well so as to experience background in addition to interaction conditions. At least one well shall be no more than 500 feet from the test well. If such a well is not available, a monitoring well can be drilled on the site to serve that purpose. The monitoring well should be drilled in a location and constructed in a location, depth and yield so as to later be used as a house well. Information regarding monitoring well casing depth, total depth and water-producing zones shall be provided in the final report.
(2) 
The applicant/developer shall secure written permission from the property owner for any off-site well to be used for monitoring, that grants the Township permission for a period not to exceed 18 months after completion of the project, to obtain water level measurements and samples of the water for laboratory analysis as required to verify compliance with this Chapter.
(3) 
Water levels in the monitoring wells shall be made at sufficient frequency during the test so as to allow for a clear understanding of the static water level trend throughout the pumping test. At least one week prior to the pumping of the test well, the monitoring wells shall be measured on a least four separate days. During the pumping test, monitoring wells shall be measured at no less than two-hour intervals during day light periods. It is highly recommended that either night time measurements be made or automated water level logging devices be employed to improve well level data for those wells that are in use. Insufficient or poor quality data may negate the test results. At least four days of post well water level measurements shall be recorded over a period of a week.
(4) 
Ground elevation adjacent to the well(s) in addition to the static water level shall be based on U.S.G.S. vertical datum.
G. 
Prior to drilling and/or testing, the Township Engineer shall be provided with the Pennsylvania State Plane coordinates for the monitoring and test well locations and a map of said locations of the test well(s) and monitoring wells. Prior to drilling and/or testing, the Township Engineer will be provided with the anticipated pumping test rate and monitoring frequency program which shall be subject to approval by the Township Engineer prior to the test. Dates of drilling and testing will be made available to the Township Engineer so that they may witness field operations as necessary.
H. 
An accurate geologic log should be maintained during drilling of the pumping test well(s) and monitoring well(s) if applicable, to provide a detailed description of the type and thickness of rocks and overburden encountered. Additionally, the log shall contain information on the depth of all water bearing zones encountered and the yield from each zone. The total yield from the well shall be measured using a quantitative method. Samples shall be collected every 20 feet during drilling, or at each change in rock type, whichever occurs first.
I. 
Forty-eight hour pumping test(s) shall be conducted on the pumping test well(s) at a rate not less than 150% of the combined projected peak daily water demand for the proposed need for which the well represents. The test shall include the monitoring of background water levels in all wells for a period not less than one week prior to start of pumping and one week after pumping. The pumping test shall be conducted during a period when there is no measurable precipitation for at least 48 hours prior to pumping and throughout the test. If precipitation is encountered during this period, the data shall be evaluated using an acceptable method to account for the effects of any recharge upon water levels in the wells, and upon all calculations at a constant pumping test data. Significant recharge during the test may cause the results to be considered invalid. The pumping test shall be followed by a recovery test, with monitoring of water levels in the test well being conducted until at least 95% recovery of draw down is observed in the test well, or until 48 hours after termination of pumping, whichever is first.
J. 
The pumping test shall be conducted at a constant pumping rate that shall not deviate greater than +/- 5% during the test. The rate of flow shall be monitored by a water meter that tallies total flow volumes as well as reveals pumping rate. The rate of flow from the meter shall be verified periodically through the test with manual bucket and stopwatch measurements and such confirmation measurements recorded and reported.
K. 
The pumping test discharge shall be directed away from and downslope of the test well so as not to significantly influence draw down in the test well and monitoring wells. The means of conveyance and point of discharge shall be approved by the Township Engineer, and shall be at least 100 feet distant.
L. 
Report shall include precipitation data, static water level immediately prior to yield testing, hydrograph of depth to water surface during test pumping and recovery period of the test well, graphs of depth to water surface at monitoring wells during the test pumping period, typed and raw field notes showing original observations, water levels and flow readings, and the time readings were taken.
M. 
Water quality samples shall be obtained from the test well at termination of the pumping testing to demonstrate that drinking water quality conforms to this Section.
(1) 
All samples shall be collected, transported and analyzed in accordance with USEPA and PA DEP protocol for drinking water. Sample testing shall be performed by a laboratory certified by the Commonwealth to perform drinking water analysis. Laboratory reports shall contain sufficient quality assurance and quality control data to explain any analysis and reporting conditions or deficiencies. Water quality must comply with currently published USEPA National. Primary and Secondary Drinking Water Standards and Health Advisories.
(2) 
Water quality testing shall include, at a minimum, the following parameters: Arsenic, Total and Fecal Coliform, Nitrate/Nitrite, pH, Iron, Manganese, Sulfate, Lead, Chloride, Hardness, Turbidity, Odor, Total Dissolved Solids, Surfactants (Detergents), Volatile Organic Compounds - Group 1 (VOC1) + 10 unknowns, MTBE, Herbicides - Group 1 (HI) and Pesticides - Group 3 (P3). A Library search for Tentatively Identified Compounds (TICs) must be conducted. Additional analysis will be required if TICs are discovered. Group 1 (VOC1), etc., refers to PA DEP categories of contaminants.
(3) 
The applicant/developer shall perform a survey to identify and evaluate potential sources of contamination that may impact water quality in the proposed well(s), and shall perform additional sampling and analysis as may be required to assure water quality is satisfactory for the protection of human health and the environment.
(4) 
A well that does not meet the above standards will be required to meet them through adequate treatment facilities. Installation and annual maintenance cost estimates to adequately treat the water shall be provided in the report.
(5) 
The laboratory report shall be include and shall contain the name, license number and address of the State drinking water certified laboratory.
N. 
Documentation shall be provided to support the requirement that the aquifer beneath the site has the capacity to provide wells of sufficient yield to meet the needs of the proposed development. For residential homes, minimum well yield shall be three gallons per minute with sufficient depth below water table to allow for storage of at least one day of peak water use within the borehole. Supportive evidence shall consist of wells drilled on-site, neighboring well information, and data available for wells within 1/2 mile of the site using the Pennsylvania Groundwater Information System (PA GWIS).
O. 
A hydrologic budget shall be calculated, on an annual basis, for the site based upon the drought recharge capacity of the underlying aquifer and the projected peak water demand of the proposed well(s). The budget shall use groundwater recharge values from published references and a drought of at least one in ten-year severity. The recharge area for the budget shall consist only of the proposed development project, less impervious surface unless infiltration system considerations are made. If on-site septic systems are proposed, sand mounds, subsurface and at grade systems may allow for contribution of 90% return of water to the aquifer system. Aquifer contribution from spray, drip and stream discharge shall be determined on a case by case basis. A determination shall be made on whether or not the potential exists for adverse effects on hydrogeology of the project vicinity, including adjacent wells, springs, surface water and wetlands, based upon the results of the hydrologic budget.
P. 
A narrative describing the design of all on-lot sewage disposal systems and their effect upon groundwater recharge and quality with respect to all proposed and existing water supplies. A nitrate study shall be performed following PA DEP “mass balance” policy guidelines which include average year recharge from the development site alone less impervious surface, sewer system design flow rates and a 45 mg/l effluent. Available existing groundwater quality nitrate data shall be obtained from test well(s), adjacent supply wells and springs to include as background nitrate levels. Total nitrate levels shall not be allowed to exceed the 10 mg/l drinking water limit.
Q. 
If wetlands, seeps, springs, ephemeral pools and/or streams exist on or within 300 feet of the proposed and existing wells boundary, the report shall address the potential to affect these features as a result of drilling and pumping of the proposed supply wells. Circumstantial evidence to support conclusions regarding this issue shall be considered limited in value. Thus, direct monitoring of water levels and direct measurement of flows during pumping tests shall be required when said surface water features are deemed at potential risk. If staff gauges are used, measured stream and seep flow rates must be provided to quantify flows at various gauge levels. Analysis will include evaluation of the potential effect from proposed underground utility lines that may penetrate the shallow groundwater system.
R. 
The report shall include a brief statement of the qualifications of the person(s) preparing the study.
[Ord. 208, 9/25/2012]
1. 
For subdivisions and/or land developments involving water supply wells, the applicant/developer shall be required to enter into a well depletion agreement with the Township as a condition of final plan approval for all residential subdivisions containing six or more lots/units including the existing lot/unit, and all nonresidential subdivisions and all land developments. The well depletion agreement shall establish financial security, in accordance with the Approved Fee Schedule, to provide recourse for the owners of existing wells who have demonstrated adverse impacts upon water quality or quantity in their water supplies, as a direct result of the operation of the applicant/developer’s well. The applicant/developer shall be required to maintain the foregoing financial security for a period of 18 months from the date after full occupancy that the Township either accepts dedication of any public improvements or approves completion of improvements not to be publicly dedicated, whichever last occurs.
2. 
A well monitoring program shall be required for the duration of the well depletion agreement period, to evaluate the actual impact of the development upon adjacent water supply wells and groundwater. The scope of the monitoring of water levels in all monitoring and pumping wells, and the monitoring of precipitation. 1f indicated in the Water Resources Impact Study, or in any subsequent groundwater sampling, the program shall include quarterly groundwater sampling to monitor the concentration of any contaminants that exceed, or threaten to exceed, USEPA and PA DEP drinking water Maximum Contaminant Levels or Health Advisory Levels. Four copies of the monitoring results shall be submitted to the Township on a quarterly basis in the form of a written monitoring report. Each report shall include a well location map, monthly groundwater contour maps, tabulated data summary, laboratory reports (if required), and analysis of findings and recommendations for program changes and/or mitigation of adverse impacts.
3. 
The well depletion agreement shall be in a form subject to the approval of the Township, and access agreements shall be secured by the applicant/developer for the benefit of Smithfield Township for any existing off-site wells which are being utilized as monitoring wells to provide the Township with access during the eighteen-month maintenance period.
[Ord. 208, 9/25/2012]
1. 
Evaluation of Sewage Facilities. The applicant/developer shall submit the information required by this Section for review to ensure that the proposed method of sewage collection, treatment and disposal is feasible and is consistent with the Smithfield Township Sewage Facilities Plan prepared under the terms of Act 537 of the Commonwealth of Pennsylvania. The preliminary plan must indicate that each proposed lot, dwelling or building will be serviced by an appropriate sewage system, thereby avoiding the necessity of major revisions of the plan at the final plan stage. For individual on-lot systems, a lot-by-lot evaluation is required.
2. 
Private Sewage Disposal System, on Lot.
A. 
If a sanitary sewer system is within 5,000 feet of the proposed subdivision or land development, the Board of Supervisors shall require the applicant/developer to provide sewage facilities to connect to this system where practical and shall prescribe the procedures to be followed by the applicant/developer in connecting to the system.
B. 
If public sewer facilities are not available, the applicant/developer shall provide for sewage disposal on an individual lot basis according to the rules, regulations, terms, definitions and conditions of the individual sewage disposal system application and certification procedure for Monroe County, Pennsylvania.
C. 
The dimensional location of the on-lot sewage system, the well, and isolation distances must be shown on the plan prior to the issuance of a building permit.
3. 
Development applications not requiring revisions to the Official Sewage Facilities Plan. All plan submissions will require revisions to the Official Sewage Facilities Plan of the Township unless the Pennsylvania Department of Environmental Protection (DEP) determines that a revision is not needed, based upon the criteria established in 25 Pa. Code, Chapter 71 for planning module exceptions. Approval of the proposed sewage facilities plan module exemption by the Pennsylvania Department of Environmental Protection shall be a condition of final subdivision or land development plan approval by the Township.
4. 
Applications for Revisions to the Act 537 Plan.
A. 
In order to be deemed a complete application, any application for preliminary subdivision or land development approval which requires a revision or exemption to the Official Township Sewage Facilities Plan (Act 537 Plan) must be accompanied by a duly completed Department of Environmental Protection Sewage Facilities Planning Module. Such planning module shall also meet all the requirements contained in 25 Pa. Code, Chapter 71, Subchapter D, Official Plan Requirements for Alternative Evaluations.
B. 
Such application and planning module shall meet all the procedural and content requirements of 25 Pa. Code, Chapter 71, §§ 71.52 and 71.53, including the requirement that they be accompanied by the comments on the planning module of the Monroe County Planning Commission. Evidence that the sewage facilities planning module has been before these agencies for 60 days without comment shall be sufficient to satisfy this requirement.
C. 
The Township shall review and act upon the requested revisions in accordance with the requirements and criteria set forth in 25 Pa. Code, Chapter 71, § 71.53, and may refuse to adopt a proposed revision of its Official Sewage Facilities Plan for new land development for reasons including, but not limited to, the following:
(1) 
The plan is not technically or administratively able to be implemented.
(2) 
Present and future sewage disposal needs of the area, remaining acreage or delineated lots are not adequately addressed.
(3) 
The plan is not consistent with the Township land use plans and ordinances, this Chapter or other ordinances or plans controlling land use or development.
(4) 
The plan is not consistent with the comprehensive sewage program of the Township as contained in its Official Sewage Facilities Plan.
(5) 
The plan does not meet the consistency requirements set forth in 25 Pa. Code, Chapter 71, § 71.21(a)(5)(i) through (iii).
D. 
When the Township refuses to adopt a proposed revision to the Official Sewage Facilities Plan, it shall state the reasons for the refusal and forward a copy of this statement to the person making the submission and to the Department of Environmental Protection.
E. 
When the Township adopts the proposed revisions to the Official Sewage Facilities Plan, the Township shall forward the proposed revisions to the Department with the information required by 25 Pa. Code, Chapter 71, § 71.52. Adoption of the proposed revisions of the official plan shall be by resolution.
F. 
Approval of the proposed sewage facilities plan revision by the Pennsylvania Department of Environmental Protection shall be a condition of final subdivision or land development plan approval by the Township.
5. 
Requirements for Final Plan Approval. No final plan shall be approved for any subdivision or land development until satisfactory evidence has been presented by the applicant/developer to the Township that the SEO and/or the Pennsylvania Department of Environmental Protection have determined that the lots proposed for subdivision are generally suitable for on-lot septic systems.
6. 
Building Permits. No building permits will be issued without satisfactory sanitary sewage disposal, including capped public sanitary sewers if so required.
[Ord. 208, 9/25/2012]
Where a public sewer system is within 5,000 feet of or where construction plans approved by the Sewer Authority provide for the installation of such public sewer system to within 5,000 feet of a proposed subdivision or land development, the applicant/developer shall provide the subdivision or land development with complete sanitary sewage facilities which shall be connected to the existing or proposed public sewer system at the expense of the applicant/developer.
[Ord. 208, 9/25/2012]
Where § 22-1406 requires or where, even if not required, the applicant/developer proposes a connection to the public sewer system, the Applicant shall design and construct public sewer facilities in accordance with all resolutions, rules and regulations of the Sewer Authority. The applicant/developer shall, prior to unconditional approval of a final plan, present written confirmation from the Sewer Authority that the Sewer Authority has approved the plans for the installation of the sewer facilities and that the applicant/developer has posted financial security with the Sewer Authority in an amount acceptable to the Authority Engineer and in a form acceptable to the Sewer Authority’s Solicitor. The applicant/developer shall comply with all applicable resolutions, rules and regulations of the Sewer Authority governing the posting of escrow, reimbursement of costs, inspection of improvements, preparation of as-built plans, provision of easements, dedications of improvements, and all other applicable matters. Prior to the final release of financial security posted by the applicant/developer with the Township, the applicant/developer shall provide written confirmation from the Sewer Authority that all requirements of the Sewer Authority have been met and the Sewer Authority, where applicable, has accepted dedication of the improvements.
[Ord. 208, 9/25/2012]
1. 
Prior to start of the maintenance bond period, the applicant/developer shall deliver to the Sewer Authority one set of high-quality Mylar reproducible as-built drawings. These as-built drawings shall include the exact location and depth of all sanitary sewer components. The as-built drawings shall be produced at the applicant/developer’s expense and shall be signed by the applicant/developer and signed and sealed by the applicant/developer’s Engineer. All as-built drawings shall be based on USGS data.
2. 
The applicant/developer shall submit two electronic copies (one in Auto CAD Format (or format acceptable to the Township and Authority) and one in PDF format) of the as-built plan on durable media such as CDs or DVDs.