The purpose of this article is to protect the public health, safety and welfare through the prohibition of groundwater use for agricultural use or as a drinking water supply. The designation of the Nonuse Overlay District, as provided herein, and the regulation of activities within such Nonuse Overlay District will reduce the potential for public exposure to contaminated groundwater. The delineation of the Nonuse Overlay District and the development of the provisions of this article are based upon a professional study of the hydrogeologic features of the Township and the distribution of groundwater contamination within the Township and surrounding areas.

This article is enacted pursuant to the authority contained in the Constitution of the Commonwealth of Pennsylvania and the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended,[1] which provisions authorize the Township to enact ordinances regulating development and land uses to ensure the public health and safety, provide a safe, reliable and adequate water supply, and preserve natural values and aquifers.

Groundwater may not be used as a drinking water source or for agricultural use.

Any property currently using groundwater as a drinking water source or for agricultural use must immediately connect to the existing community water supply.

Following connection, the existing well must be abandoned as a drinking water source or for agricultural use in accordance with PADEP well abandonment criteria and guidelines.

Grandfathering of existing uses is prohibited. The use of all existing wells as drinking water sources or for agricultural uses must cease within 90 days after the effective date of this article.

It shall be the responsibility of any person owning real property and/or owning or operating a business within the Township of Lower Allen Township to make a determination of the applicability of the Nonuse Overlay District as it pertains to the property and/or business under his/her ownership or operation, and his/her failure to do so shall not excuse any violations of said sections.