Edgmont Township City Zoning Code
ARTICLE XXVI
Natural Resource Extraction
§ 365-159 Large-scale water extraction.
A.
Purpose. The intent of these regulations is to recognize and acknowledge that the primary water resources for land located within the Township of Edgmont are provided by groundwater, spring or surface water, and to create standards and regulations for large-scale water extraction which promote and protect safe, reliable and adequate water supplies, preserve and protect streams, stream tributaries, wetlands, watersheds and valuable aquifers and minimize soil erosion.
B.
Use regulations.
(1)
Conditional use. The large-scale extraction or collection of groundwater, spring and surface water for off-site consumption, including the expansion of any such existing use or operation, may be permitted in the following zoning district by conditional use subject to the provisions of Article XXXII, § 365-191, and provided the application shall otherwise comply with this section and the regulations of the zoning district wherein the proposed use is to occur. The provisions of this section shall not apply to any municipal water authority or any other water authority or water company regulated by the Pennsylvania PUC.
(a)
C-3, Planned Commercial/Light Industrial District.
C.
Bulk and area regulations. The bulk and area regulations relating to the location of buildings and other structures shall be those of the underlying zoning district unless expressly stated to the contrary in this article. In addition, the maximum area of disturbance and impervious surface on the lot shall not exceed the percentage of allowable impervious coverage in the underlying zoning district.
D.
Standards of approval. In addition to the requirements of Article XXXII, § 365-191, it shall be the applicant's burden to also demonstrate compliance with the following requirements set forth below:
(1)
Burden. The applicant shall affirmatively demonstrate that the proposed extraction or collection activity, including any increase in existing extraction or collection activity from that previously approved, will not materially interfere with the water rights or water supply of others, including, without limitation, reducing the existing rate of flow of wells, capacity for geothermal energy production, depleting surface water resources, etc., of surrounding properties, and shall submit to the Township a hydrogeologic impact study prepared by a professional geologist licensed and registered in Pennsylvania, which shall include but not be limited to the following:
(a)
Map. A map indicating the location of existing wells within a 1/2 mile radius of the proposed site and identifying all perennial and intermittent streams.
(b)
Site plan. A site plan, indicating, without limitation, the access road, parking area, and the location of storage tanks, buildings, well location(s) and signage.
(c)
Report. A written report prepared by a hydrogeologist describing the expected effects of the proposed withdrawal on existing wells, flows of perennial and intermittent streams and the long-term lowering of groundwater levels.
(d)
Subsurface conditions. Identification of the subsurface material and conditions existing and anticipated for the site, and the type and number of wells to be established thereon.
(e)
Daily withdrawal. Identification of the anticipated average daily withdrawal from the site.
(f)
Water data. Identification of the sources of water for withdrawal, sources of recharge, and the quality of each source.
(g)
Effect on aquifer. Evidence that the withdrawal under the proposed use, together with other withdrawals, will not exceed the withdrawal limits of the basin, aquifer or aquifer system.
(h)
Effect on surface water. Evidence that the withdrawal under the proposed use will not materially impair or reduce the flow of perennial streams in the area.
(i)
Water supply. Evidence that existing groundwater and surface water withdrawals will not be adversely impacted.
(j)
General effect. Evidence that the withdrawal under the proposed use will not cause substantial and/or permanent adverse impact to the overlying environment.
(k)
Certification of driller. Certification that all wells shall be drilled by a Pennsylvania-licensed well driller and a water well inventory report shall be completed and filed with the Pennsylvania Department of Conservation and Natural Resources.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(l)
Certification of casing. Certification that all wells shall have a top casing extended a minimum of one foot above the 100-year-flood elevation, and all wells shall have the casing protruding a minimum of six inches above the immediate grade, and the safeguards to be used to prevent the entrance of surface water into said wells and into the aquifer.
(m)
Water level measurement. Certification that all wells shall be accessible for inspection for water-level measurements.
(n)
Mitigation plan. Plan for implementation of a mitigation program to protect existing wells, watercourses and/or aquifers in the event the proposed use significantly affects or interferes with said wells, watercourses and/or aquifers, which may include immediate cessation of water extraction, providing an alternative water supply of adequate quantity and quality to the affected well owner(s), providing financial compensation to the affected well owner(s) sufficient to cover the costs of acquiring and maintaining an alternative water supply of adequate quantity and quality, or such other measures as the Township may approve as just and equitable under the individual circumstances.
(2)
No Delaware River Basin Commission Regulation (DRBC). For any new or increased water extraction or collection activity not regulated by the DRBC, the applicant must also demonstrate that the proposed use shall not:
(a)
Safe yield. Exceed the safe yield or degrade the water quality of the aquifer;
(b)
Existing wells. Adversely affect existing wells by diminishing the rate of said flow from that rate which exists prior to the proposed use;
(c)
Streams. Adversely affect the natural base flow of streams and stream tributaries within the watershed;
(d)
Riparian rights. Interfere with the riparian rights of other persons; or
(e)
Base flow. Contribute to the lowering of stream flow rates below Natural Q7-10 Base Flow Rate. If at any time the actual stream base flow, at the reference point therefor, equals or is less than the Natural Q7-10 Base Flow, the surface water consumption permitted by any conditional use approved hereunder will cease until the actual base flow rate returns to a level above the Natural Q7-10 Base Flow Rate. The Natural Q7-10 Base Flow Rate will be defined through direct long-term measurements of stream base flow at the reference point. Where sufficient historic data is not available, estimates will be made using the best available comparable hydrologic data. The base flow rate shall be monitored and reported to the Township as required by this section. Modifications to the originally calculated Natural Q7-10 Base Flow Rate may occur as additional stream flow data is generated.
(3)
Vehicles.
(a)
Identification. The applicant shall identify what commercial vehicles are to be used in connection with the application, including but not limited to those used to transport water from the site, the number, size, type and capacity and the scheduling of vehicles.
(b)
Access. The applicant shall demonstrate that vehicles shall have adequate access to and within the site over an improved all-weather surface.
(c)
Traffic control. The applicant shall identify proposed traffic control methods to be employed on and off the site to control ingress and egress of vehicles. The Board of Supervisors may impose reasonable limits on the hours during which commercial vehicles may enter and exit the site in order to avoid creating hazards on local roadways or disturbing adjoining or nearby residential districts.
(d)
Traffic report. A traffic report prepared by a qualified traffic engineer shall be provided by the applicant.
(4)
Isolation distance. The applicant shall demonstrate that the following isolation distances are maintained from the point of extraction:
(5)
Water quantity. The applicant shall specify the quantity of water to be collected per day, consistent with applicable state and federal permits and DRBC approvals. Any subsequent proposal to increase the specified quantity of water shall require a modification of any conditional use approval by conditional use application and public hearing. In the case of a water extraction or collection facility existing at the time of enactment of this chapter and which is not regulated by the DRBC, such use shall be defined by the amount of maximum withdrawal stated in any existing state permits applicable to the facility or the average quantity of water extracted per day over the five-year period prior to the enactment of this provision.
(6)
Monitoring and reporting.
(a)
Monitoring equipment. The applicant shall provide adequate equipment, monitoring and recording measures, through the use of sealed gauges, to document, among other things, the Natural Q7-10 Base Flow Rate, the amounts of water extracted or collected, the sources of same, and neighboring stream flow conditions, and pollutant levels in order to ensure consistency with any previous approvals granted and with permitting or exemption standards of the DRBC or other agencies having jurisdiction.
(b)
Bench mark data. Prior to commencement of operation of the proposed use, the applicant shall provide bench mark data against which the impact of the water withdrawal may be compared in the future.
(c)
Quarterly reports. The data required hereunder shall be filed with the Township not less than quarterly.
(d)
Complaint reports. The applicant shall provide the Township with copies of any complaints received from Township residents.
(7)
Emergency contact information. The applicant shall keep on file with the Township, at all times, up-to-date, twenty-four-hour emergency telephone numbers and contact information for persons with authority over the property and operation of the water extraction facility.
(8)
Noise. The applicant shall identify the noise levels which are anticipated to be generated by the proposed use, and shall identify the distances said noises may travel beyond the title lines of the proposed site and what methods the applicant shall employ in compliance with Township ordinances to protect the surrounding area from said noises.
(9)
Drainage. The applicant shall demonstrate, in accordance with all federal, state and local laws, regulations and ordinances, that adequate drainage and detention controls shall be installed in conjunction with any land development of the property to prevent runoff from well drilling, site development, tanker overflow, storage tanks and/or filling areas from draining onto adjoining properties and/or roadways.
(10)
Hours of operation. The applicant shall identify the proposed hours of operation and the scope and nature of activity to be conducted during said hours.
(11)
Cessation of operations. A plan of how the site shall be made safe once the water extraction operation ceases, including a plan for environmentally restoring the property.
(12)
Additional information. The applicant shall provide such other information and documentation as the Township may require.
E.
Permits. Prior to the commencement of any development activity, the applicant must obtain all required local (including, without limitation, grading and stormwater), state and/or federal permits, including, but not limited to, permits and approvals from the PA DEP, Delaware River Basin Commission (DRBC), the local health department, Delaware County Conservation District and any other agency having jurisdiction. Such permit(s) shall be a prerequisite to the commencement of development of the use, and to the issuance of any building permit, use permit or certificate of use and occupancy.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F.
G.
Other standards. The proposed use shall be subject to the requirements of Chapter 305, Subdivision and Land Development, including, without limitation, stormwater management control, stormwater infiltration control, erosion control, traffic control, landscaping, lighting and other standards prescribed by Chapter 305, Subdivision and Land Development, and/or other applicable Township ordinances.
H.
Delaware River Basin Commission regulation. The regulation of the proposed extraction and collection activity by the DRBC shall not act to relieve the applicant from compliance with the conditional use and other provisions of this section not explicitly reserved to the jurisdiction of the DRBC.
I.
Abandonment.
(1)
Abandonment. If any such groundwater, spring or surface water extraction or collection operation or facility discontinues operation for a period of 12 months or more, it shall be considered abandoned, and the owner and/or operator of said facility shall remove all pumps, supply piping, wires and similar equipment or fixtures.
(2)
Plan. Wells shall be positively identified on a plan filed with the Township before initiating the abandonment techniques.
§ 365-160 Forestry.
A.
Purpose. The intent of these regulations is to permit and provide for opportunities within Edgmont Township for legitimate forestry activities in accordance with Act 247 of 1968,[1] as amended, while at the same time protecting and preserving the health, safety, and welfare of the Township and the community.
[1]
Editor's Note: See 53 P.S. § 10101 et seq., the Municipalities Planning Code.
B.
Use regulations.
(1)
By right. Forestry shall be permitted by right within every zoning district within the Township, provided the application shall otherwise comply with this section and the regulations of the proposed zoning district wherein the forestry is to occur.
(2)
Exceptions. Forestry shall not include tree removal under the following conditions:
(a)
Septic system. For the purposes of replacing an existing septic system.
(b)
Owner's use. For consumption by the property owner on the property.
(c)
Damage or disease. For removal of damaged or diseased trees.
(d)
Hazard. For removal of trees posing an immediate threat to health, safety and welfare.
(e)
Permit. Construction in accordance with approved subdivision or land development or otherwise in accordance with a building permit.
(3)
Contemplation of subdivision/land development. Except as set forth in Subsection B(2) above, in the event of the submission of a subdivision and/or land development application which includes any part or portion of a property upon which tree removal has occurred (whether or not pursuant to this section) at any time within 24 months of the date of the issuance of a permit under this section or, if no permit is required by this section, from the date such tree removal activity is completed, shall be considered to have been done in contemplation of subdivision/land development of the property. In such case, tree replacement shall be required in accordance with Chapter 305, Subdivision and Land Development. Tree replacement requirements shall be based on the property in the state in which it existed prior to the commencement of the tree removal activity.
C.
Bulk and area regulations. The bulk and area regulations relating to the location of buildings and other structures shall be those of the underlying zoning district unless expressly stated to the contrary in this article. In addition, the maximum area of disturbance and impervious surface on the lot shall not exceed the percentage of allowable impervious coverage in the underlying zoning district.
D.
Standards of approval.
(1)
Permit. The applicant shall receive a forestry permit from the Township prior to commencing any forestry activities.
(2)
Submission. The applicant shall provide documentation, satisfactory to the Township, detailing the forestry activity to be conducted by the applicant, which shall include but not be limited to, the following:
(a)
Environmental impact assessment report. An environmental impact assessment report (EIA) as set forth in Article XXII. The EIA shall also include: photographs of the affected tract, number and types of trees to be removed, management techniques being employed, silviculture principles being implemented, nutrient management, method of restoration and replenishment to be implemented, proof of liability and workers' compensation insurance and the anticipated time frame for the proposed activity.
(b)
Highway occupancy permit. A state or local highway occupancy permit shall be required.
(c)
Erosion and sedimentation control plan. An erosion and sedimentation control plan shall be provided that shows existing and proposed features, skid trails, landings, access routes and water crossings. Detail shall be provided pertaining to the stabilization and mitigation of cleared land. Stormwater management facility locations shall also be provided.
(d)
Safety. The applicant shall detail what measures shall be taken to preserve and protect the safety of persons and property of the Township, its residents and the community.
(3)
Vehicles.
(a)
Identification. The applicant shall identify what commercial vehicles are to be used in connection with the application, including but not limited to those used to transport cut trees from the site, the number, size, type and capacity and the scheduling of vehicles.
(b)
Access. The applicant shall demonstrate that vehicles shall have adequate access to and within the site over an improved all-weather surface.
(c)
Traffic control. The applicant shall identify proposed traffic control methods to be employed on and off the site to control ingress and egress of vehicles. The Board of Supervisors may impose reasonable limits on the hours during which commercial vehicles may enter and exit the site in order to avoid creating hazards on local roadways or disturbing adjoining or nearby residential districts.
(d)
Traffic report. A traffic report prepared by a qualified traffic engineer shall be provided by the applicant.
(4)
Noise. The applicant shall identify the noise levels which are anticipated to be generated by the proposed use and shall identify the distances said noises may travel beyond the title lines of the proposed site and what methods the applicant shall employ in compliance with Township ordinances to protect the surrounding area from said noises.
(5)
Hours of operation. The applicant shall identify the proposed hours of operation and the scope and nature of activity to be conducted during said hours.
(6)
Emergency contact information. The applicant shall keep on file with the Township, at all times, up-to-date, twenty-four-hour emergency telephone numbers and contact information for persons with authority over the property and operation of the forestry activity.
(7)
Additional information. The applicant shall provide such other information and documentation as the Township may require.
(8)
Township review. The Township shall review each application and issue a permit or a written denial within 45 days after the application has been received by the Township.
E.
F.
Other standards. The proposed use shall be subject to the requirements of Chapter 305, Subdivision and Land Development, including, without limitation, stormwater management control, stormwater infiltration control, erosion control, traffic control, landscaping, lighting and other standards prescribed by Chapter 305, Subdivision and Land Development, and/or other applicable Township ordinances.
G.
On-site sales. On-site sales of any products or by-products of the forestry operation are prohibited.
§ 365-161 Mineral extraction.
A.
Purpose. The intent of these regulations is to permit and provide for, in accordance with Act 247 of 1968,[1] as amended, opportunities within Edgmont Township for legitimate mineral extraction activities while at the same time protecting and preserving the health, safety, welfare and morals of the Township and the community.
[1]
Editor's Note: See 53 P.S. § 10101 et seq., the Municipalities Planning Code.
B.
Use regulations.
(1)
Conditional use. Mineral extraction may be permitted in the following zoning district by conditional use, subject to the provisions of Article XXXII, § 365-191, and provided the application shall otherwise comply with this section and the regulations of the proposed zoning district wherein the mineral extraction is to occur to the extent that the same are not preempted by federal or state law.
(a)
LI, Light Industrial District.
C.
Bulk and area regulations. The bulk and area regulations relating to the location of buildings and other structures shall be those of the underlying zoning district unless expressly stated to the contrary in this article. In addition:
D.
Standards of approval. In addition to the requirements of Article XXXII, § 365-191, it shall be the applicant's burden to also demonstrate compliance with the following requirements set forth below:
(1)
Mineral identification. The applicant shall identify the subject mineral and shall demonstrate the existence of the mineral sought to be extracted and the proposed method(s) for extraction.
(2)
Burden. The applicant shall affirmatively demonstrate that the proposed mineral extraction or collection activity will not interfere with the property rights or water supply of other property owners or properties within the Township. Such evidence shall include but not be limited to the following:
(a)
Map. A map indicating the location of existing man-made structures, including wells and septic systems within 200 feet of the proposed site, and identifying all water bodies within 500 feet.
(b)
Report. A written report prepared by a hydrogeologist, describing:
(c)
Subsurface conditions. Identification of the subsurface material and conditions existing and anticipated for the site, and the type and number of extraction facilities or equipment to be established thereon.
(d)
Daily withdrawal. Identification of the anticipated average daily mineral withdrawal from the site and the anticipated duration of the mineral extraction activity.
(e)
Environmental impact. Evidence that the withdrawal under the proposed use shall not cause substantial adverse impact to the overlying environment.
(f)
Disposition. A plan for the environmentally sound disposition of the by-products of resource extraction.
(g)
Certification. Certification that all proposed activity shall be conducted under the supervision of qualified personnel, including identification of the licenses and permits required for the proposed use.
(h)
Mitigation plan. A plan for implementation of a mitigation program to protect the health and safety of persons and property in the Township and the community from the proposed use. This plan shall address, without limitation, erosion, dust control, vibration, blasting, lateral support, processing facilities, sinkhole formations, and the disposal of spoils.
(i)
Cessation of operations. A plan of how the site shall be made safe once the mineral extraction operation ceases, including a plan for environmentally restoring the property.
(3)
Permits. The applicant must obtain all required local (including without limitation grading and stormwater), state and/or federal permits for the proposed use. Such permit(s) shall be a prerequisite to the commencement of development of the use and to the issuance of any building permit, use permit or certificate of use and occupancy.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Vehicles.
(a)
Identification. The applicant shall identify what commercial vehicles are to be used in connection with the application, including but not limited to those used to transport minerals from the site, the number, size, type and capacity and the scheduling of vehicles.
(b)
Access. The applicant shall demonstrate that vehicles shall have adequate access to and within the site over an improved all-weather surface.
(c)
Traffic control. The applicant shall identify proposed traffic control methods to be employed on and off the site to control ingress and egress of vehicles. The Board of Supervisors may impose reasonable limits on the hours during which commercial vehicles may enter and exit the site in order to avoid creating hazards on local roadways or disturbing adjoining or nearby residential districts.
(d)
Traffic report. A traffic report prepared by a qualified traffic engineer shall be provided by the applicant.
(5)
Noise. The applicant shall identify the noise levels which are anticipated to be generated by the proposed use and shall identify the distances said noises may travel beyond the title lines of the proposed site and what methods the applicant shall employ in compliance with Township ordinances to protect the surrounding area from said noises.
(6)
Hours of operation. The applicant shall identify the proposed hours of operation and the scope and nature of activity to be conducted during said hours.
(7)
Emergency contact information. The applicant shall keep on file with the Township, at all times, up-to-date, twenty-four-hour emergency telephone numbers and contact information for persons with authority over the property and operation of the mineral extraction activity.
(8)
Additional information. The applicant shall provide such other information and documentation as the Township may require.
E.
F.
Other standards. The proposed use shall be subject to the requirements of Chapter 305, Subdivision and Land Development, including, without limitation, stormwater management control, stormwater infiltration, control, erosion control, traffic control, landscaping, lighting and other standards prescribed by Chapter 305, Subdivision and Land Development, and/or other applicable Township ordinances.
G.
Abandonment.
(1)
Abandonment. If any such mineral extraction or facility discontinues operation for a period of 12 months or more, it shall be considered abandoned, and the owner and/or operator of said facility shall remove all equipment or fixtures.
(2)
Plan. Mineral extraction areas shall be positively identified on a plan filed with the Township before initiating the abandonment techniques.
(3)
Restoration. The applicant shall demonstrate that the abandonment and restoration plan produced in accordance with this article remains adequate.