The Borough of Mount Pocono finds that:
A.Â
The groundwater underlying the Borough is a major
source of its existing and future water supply, including drinking
water.
B.Â
Accidental spills and discharges of toxic or hazardous
materials may threaten the quality of such groundwater supplies and
related water resources in the Borough, posing potential public health
and safety hazards.
C.Â
Unless preventive measures are adopted to control
the discharge and storage of toxic and hazardous materials within
the Borough, spills and discharges of such materials will predictably
occur, and with greater frequency and degree of hazard by reason of
increasing construction, commercial and industrial development, population
and vehicular traffic within the Borough.
The purpose of this article is to protect the
public health, safety, and welfare through the preservation of the
Borough's groundwater resources to ensure a future supply of safe
and healthful drinking water for the Borough, local residents, employees,
visitors and the general public. The designation of Wellhead Protection
Zones and careful regulation of development activities within these
zones can reduce the potential for groundwater contamination. The
purpose of this article is to protect areas having a high potential
for use as a water supply and thereby to maintain the existing quality
and improve the future quality of the groundwater in the Borough.
A.Â
U.S. EPA. The delineation methodology utilized to
determine the Wellhead Protection Areas are based upon analytical
methods described by the United States Environmental Protection Agency's
Guidelines for Delineation of Wellhead Protection Areas.
B.Â
PA DEP. The Wellhead Protection Areas include three
zones of protection as recommended by the Pennsylvania Department
of Environmental Protection.
Each zone is delineated as follows:
A.Â
Zone 1: A four-hundred-foot fixed radius around each
well within the Borough that is regulated by the Pennsylvania Department
of Environmental Protection as a community water supply.
[Amended 12-6-2004 by Ord. No. 6-2004]
B.Â
Zone 2:
[Amended 12-6-2004 by Ord. No. 6-2004]
(1)Â
Delineation. A one-thousand-foot radius around each
well within the Borough that is regulated by the Pennsylvania Department
of Environmental Protection as a community water supply, with Zone
2 encompassing that area not included in Zone 1.
(2)Â
Modification. The Borough Council may modify the extent
of Zone 2 on a detailed delineation study conducted by a Pennsylvania-licensed
geologist. Any such study shall be based on a ten-year time-of-travel
capture zone using a generally accepted numerical groundwater flow
model, and the study shall be consistent with the Monroe County Water
Supply and Model Wellhead Protection Study, Volumes I and II, June
1997, and any updates. If accepted by the Borough Council, the modified
Zone 2 shall become the official Zone 2 delineation.
(3)Â
Developer delineation study. A developer may submit
such a detailed delineation for consideration of the Borough at the
developer's expense.
C.Â
Zone 3: (reserved)
A.Â
Zone 1. The following land uses, facilities, and/or
activities shall not be permitted in a Zone 1 protection area:
(1)Â
Industrial and manufacturing facilities.
(2)Â
Underground storage tanks.
(3)Â
Aboveground storage tanks, except propane tanks for
on-site use and residential home-heating-oil tanks located within
a structure.
(4)Â
Hazardous material storage, processing and disposal
facilities.
(5)Â
Road salt stockpiles.
(6)Â
Golf courses.
(7)Â
Quarries and mining operations.
(8)Â
On-site sewage disposal facilities, sewage treatment
facilities or pumping stations, except for private residential sewage
pumps.
(9)Â
On-site floor drains.
(10)Â
Land application of wastewater effluent and
waste sludges.
[Amended 12-6-2004 by Ord. No. 6-2004]
(11)Â
Medical offices, veterinarian clinics, and funeral
homes.
(12)Â
Cemeteries.
(13)Â
Junk or salvage yards.
(14)Â
Stormwater detention or retention facilities.
[Amended 12-6-2004 by Ord. No. 6-2004]
(15)Â
Sanitary sewer lines, except for connections
to existing public sewer lines, which connections shall be double
sleeved.
(16)Â
Open burning sites and dumps.
(17)Â
Construction material stockpiles and debris.
(18)Â
Storage and mixing of pesticides and fertilizers.
(19)Â
Construction additives.
(20)Â
Well drilling.
(21)Â
Commercial gasoline and fuel oil sales or storage.
(22)Â
Dry-cleaning and dyeing establishments and laundries
that utilize cleaning solvents.
(23)Â
Printing and photo-processing establishments.
(24)Â
Furniture and finish-stripping establishments.
(25)Â
Vehicle fluid replacement facilities.
(26)Â
Vehicle service stations, repair facilities
and body repair and painting facilities.
B.Â
Zone 2.
[Amended 12-6-2004 by Ord. No. 6-2004]
(1)Â
Prohibited uses: The following land uses, facilities,
and/or activities shall not be permitted in a Zone 2 protection area:
(a)Â
Hazardous material storage, processing and disposal
facilities.
(b)Â
Road salt stockpiles.
(c)Â
Golf courses.
(d)Â
Quarries and mining operations.
(e)Â
On-site sewage disposal facilities, sewage treatment
facilities or pumping stations, except for private residential sewage
pumps.
(f)Â
On-site floor drains.
(g)Â
Land application of waste sludges.
(h)Â
Cemeteries.
(i)Â
Junk or salvage yards.
(j)Â
Sanitary sewer lines, except for connections
to existing public sewer lines, which connections shall be double
sleeved.
(k)Â
Open burning sites and dumps.
(l)Â
Construction material stockpiles and debris.
(m)Â
Storage and mixing of pesticides and fertilizers.
(n)Â
Construction additives.
(o)Â
Well drilling.
(2)Â
Conditional uses (special exception): The following land uses, facilities, and/or activities shall only be permitted in a Zone 2 protection area as a conditional use. In cases where the use is classified as a special exception in the underlying zoning district, it shall be considered a special exception. In addition to all other applicable standards of this ordinance, the provisions of § 215-35M, Surface and groundwater protection, shall be applied.
(a)Â
Industrial and manufacturing facilities.
(b)Â
Underground storage tanks.
(c)Â
Aboveground storage tanks, except propane tanks
for on-site use and residential home-heating-oil tanks located within
a structure.
(d)Â
Medical offices, veterinarian clinics, and funeral
homes.
(e)Â
Stormwater detention or retention facilities
with oil separators.
(f)Â
Commercial gasoline and fuel oil sales or storage.
(g)Â
Dry-cleaning and dyeing establishments and laundries
that utilize cleaning solvents.
(h)Â
Printing and photo-processing establishments.
(i)Â
Furniture and finish-stripping establishments.
(j)Â
Vehicle fluid replacement facilities.
(k)Â
Vehicle service stations, repair facilities
and body repair and painting facilities.
(l)Â
Commercial sewage pumps.
(3)Â
Land application of wastewater effluent: The land
application of wastewater effluent shall be permitted in Zone 2 if
approved by the Pennsylvania Department of Environmental Protection.
C.Â
Zone 3. The following land uses, facilities, and/or
activities shall not be permitted in a Zone 3 protection area:
(Reserved)
|
A.Â
Existing land uses, facilities and activities. Any of the land uses, facilities, and/or activities identified in § 215-126 of this chapter lawfully in existence prior to the effective date of this ordinance within the Wellhead Protection Zone as delineated may continue to exist on the parcel upon which it is located subject to compliance with federal, state and local regulations as the same may exist from time to time.
B.Â
Variances. Variances to the provisions of this article
may be granted for undue hardships caused to existing property owners
in the Wellhead Protection Zones. Applications for variances shall
be presented to the Zoning Hearing Board.
C.Â
Subdivision and land development applications. All
subdivision proposals and other proposed new development plans within
the delineated Wellhead Protection Zones shall be reviewed for compliance
with the provisions of this article. The subdivision or development
plan as submitted shall designate the delineated Wellhead Protection
Zones in which any subdivision or development is proposed.
D.Â
Fees. In addition to any fees imposed by the Borough
for the review of subdivision and land development plans, the Borough
may, by resolution, impose an additional fee for the review of any
plan that proposes subdivision or development within a Wellhead Protection
Zone.