Mount Pocono City Zoning Code
ARTICLE XIII
Wellhead Protection Overlay District
§ 215-122 Findings.
The Borough of Mount Pocono finds that:
A.
The groundwater underlying the Borough is a major source of its existing and future water supply, including drinking water.
B.
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.
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.
§ 215-123 Purpose.
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.
§ 215-124 Wellhead protection zones.
A.
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.
PA DEP. The Wellhead Protection Areas include three zones of protection as recommended by the Pennsylvania Department of Environmental Protection.
§ 215-125 Delineation of zones.
Each zone is delineated as follows:
A.
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.
Zone 2:
[Amended 12-6-2004 by Ord. No. 6-2004]
(1)
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)
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)
Developer delineation study. A developer may submit such a detailed delineation for consideration of the Borough at the developer's expense.
C.
Zone 3: (reserved)
§ 215-126 Source prohibitions.
A.
Zone 1. The following land uses, facilities, and/or activities shall not be permitted in a Zone 1 protection area:
(1)
Industrial and manufacturing facilities.
(2)
Underground storage tanks.
(3)
Aboveground storage tanks, except propane tanks for on-site use and residential home-heating-oil tanks located within a structure.
(4)
Hazardous material storage, processing and disposal facilities.
(5)
Road salt stockpiles.
(6)
Golf courses.
(7)
Quarries and mining operations.
(8)
On-site sewage disposal facilities, sewage treatment facilities or pumping stations, except for private residential sewage pumps.
(9)
On-site floor drains.
(10)
Land application of wastewater effluent and waste sludges.
[Amended 12-6-2004 by Ord. No. 6-2004]
(11)
Medical offices, veterinarian clinics, and funeral homes.
(12)
Cemeteries.
(13)
Junk or salvage yards.
(14)
Stormwater detention or retention facilities.
[Amended 12-6-2004 by Ord. No. 6-2004]
(15)
Sanitary sewer lines, except for connections to existing public sewer lines, which connections shall be double sleeved.
(16)
Open burning sites and dumps.
(17)
Construction material stockpiles and debris.
(18)
Storage and mixing of pesticides and fertilizers.
(19)
Construction additives.
(20)
Well drilling.
(21)
Commercial gasoline and fuel oil sales or storage.
(22)
Dry-cleaning and dyeing establishments and laundries that utilize cleaning solvents.
(23)
Printing and photo-processing establishments.
(24)
Furniture and finish-stripping establishments.
(25)
Vehicle fluid replacement facilities.
(26)
Vehicle service stations, repair facilities and body repair and painting facilities.
B.
Zone 2.
[Amended 12-6-2004 by Ord. No. 6-2004]
(1)
Prohibited uses: The following land uses, facilities, and/or activities shall not be permitted in a Zone 2 protection area:
(a)
Hazardous material storage, processing and disposal facilities.
(b)
Road salt stockpiles.
(c)
Golf courses.
(d)
Quarries and mining operations.
(e)
On-site sewage disposal facilities, sewage treatment facilities or pumping stations, except for private residential sewage pumps.
(f)
On-site floor drains.
(g)
Land application of waste sludges.
(h)
Cemeteries.
(i)
Junk or salvage yards.
(j)
Sanitary sewer lines, except for connections to existing public sewer lines, which connections shall be double sleeved.
(k)
Open burning sites and dumps.
(l)
Construction material stockpiles and debris.
(m)
Storage and mixing of pesticides and fertilizers.
(n)
Construction additives.
(o)
Well drilling.
(2)
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)
Industrial and manufacturing facilities.
(b)
Underground storage tanks.
(c)
Aboveground storage tanks, except propane tanks for on-site use and residential home-heating-oil tanks located within a structure.
(d)
Medical offices, veterinarian clinics, and funeral homes.
(e)
Stormwater detention or retention facilities with oil separators.
(f)
Commercial gasoline and fuel oil sales or storage.
(g)
Dry-cleaning and dyeing establishments and laundries that utilize cleaning solvents.
(h)
Printing and photo-processing establishments.
(i)
Furniture and finish-stripping establishments.
(j)
Vehicle fluid replacement facilities.
(k)
Vehicle service stations, repair facilities and body repair and painting facilities.
(l)
Commercial sewage pumps.
(3)
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.
Zone 3. The following land uses, facilities, and/or activities shall not be permitted in a Zone 3 protection area:
(Reserved) |
§ 215-127 Existing land uses, facilities and activities; variances.
A.
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.
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.
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.
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.