Nockamixon Township
City Zoning Code
City Zoning Code
ARTICLE XIV
Groundwater Protection and Water Wells
[Added 9-21-2023 by Ord. No. 174]
§ 234-109 Intent.
A.
The residents and businesses of Nockamixon Township are dependent upon private wells for drinking water and agricultural, commercial and industrial water supply. The use of private wells depends, in turn, upon the maintenance of a certain quantity and quality of groundwater. The Township is underlain by bedrock aquifer systems that range from marginal yielding in terms of water supply potential to moderate yielding; and certain of these geologic units are also known to have ambient/natural groundwater quality problems such as the presence of arsenic. In some areas of the Township, the topography further limits the availability of groundwater resources.
B.
This article is adopted to outline procedures to assure the availability of reliable, safe and adequate water supplies for residential, agricultural, commercial, industrial and other developments which are proposed within the Township, such that utilization of water resources will not result in detrimental impacts to other users of the same resources or other natural resources dependent upon the continued availability and supply of groundwater. This article outlines procedures for evaluating hydrogeologic conditions and determining the availability of groundwater resources such that utilization of these resources will not result in detrimental impacts to other groundwater users or other natural resources dependent on the continued availability and supply of groundwater. This article also outlines protections for neighboring wells, and water quality testing and well construction requirements to ensure potable water and to protect water quality.
§ 234-110 Definitions.
The following definitions shall apply in this article, including all subparts thereof, unless otherwise specified:
ABANDONED WELL
Any well which has been replaced by another well, is no longer in service because of the availability of a public water supply, or no longer serves its intended use due to loss of water quantity or quality. Wells which are connected to uses which are infrequently used and wells which are being held in reserve for development or installed in anticipation of development shall not be considered abandoned if the wells are properly capped and protected from contamination.
ABANDONMENT OR DECOMMISSIONING OF A WELL
The permanent closure or sealing of a well.
ADDED DRAWDOWN
The additional amount of drawdown in a well beyond what is normally expected for that well and that is caused by the pumping of another well nearby.
ALTER
To enlarge, deepen, replace or in any other way change any portion of an existing water supply system. The terms "alteration" and "altered" shall be construed accordingly.
APPLICANT
A person required by this article to obtain a well permit.
APPLICATION
The application form and accompanying documentation required by Nockamixon Township for approval to locate, construct, or alter a water supply.
AQUIFER
A formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield economic quantities of water to wells and springs.
AQUIFER, CONFINED
An aquifer that is overlain by a confining bed (aquitard). The confining bed has a significantly lower hydraulic conductivity than the aquifer. "Artesian aquifer" is a synonym.
AQUIFER, SEMI-CONFINED
An aquifer overlain by a low-permeability layer that permits water to slowly migrate through to the aquifer. Also termed "leaky artesian" or "leaky confined" aquifer.
AQUIFER, UNCONFINED
An aquifer in which there are no confining beds between the zone of saturation and the ground surface. "Water-table aquifer" is a synonym.
AQUITARD
A low-permeability unit that can store groundwater and transmit water slowly from one aquifer to another. (Also see "aquifer, confined.")
BASEFLOW
The component of flow in a perennial stream due to groundwater discharging to the stream. Baseflow does not include stormwater runoff that causes flow to increase during precipitation events.
BCHD
Bucks County Health Department.
BOARD
The Nockamixon Township Board of Supervisors.
CERTIFIED LABORATORY
Any laboratory, facility, consulting firm, government or private agency, business entity or other person that the Pennsylvania Department of Environmental Protection has licensed or accredited to perform certain types of analyses of drinking water samples.
CONFINING BED
A body of low hydraulic conductivity material that is stratigraphically adjacent to one or more aquifers.
CONTAMINANT
Any physical, chemical, biological, or radiological substance or matter that has an adverse effect on air, water, or soil quality.
CONTRIBUTING AREA
The area of land surface that supplies the withdrawal for a given groundwater well.
DRAWDOWN
The lowering of the water table of an unconfined aquifer or the potentiometric surface of a semi-confined or confined aquifer caused by pumping of groundwater from a well or wells. Drawdown is determined by subtracting the depth to water during pumping from the static water level determined prior to the start of pumping.
DRBC
Delaware River Basin Commission.
FLOW RATE
This term shall be interchangeable with "pumping rate" or "pump rate."
FRACTURE TRACE
The surface representation of a fracture zone.
GPD
Gallons per day.
GROUNDWATER
Water beneath the surface of the ground within a zone of saturation, whether or not flowing through known and definite channels or percolating through underground geologic formations and regardless of whether the result of natural or artificial recharge. The term includes water contained in aquifers, artesian and nonartesian basins, underground watercourses and other bodies of water below the surface of the earth.
HEAD
The energy of water per unit weight comprised of elevation, pressure, and velocity components. In a groundwater system, because the velocity component is usually negligible, head is measured as the elevation of the surface of water in a well above a standard datum.
HEAD GRADIENT
The change in head per unit distance in the direction of water movement.
HYDRAULIC CONDUCTIVITY
The measure of a geologic formation's ability to transmit water. It is expressed as the volume of water at the prevailing density and viscosity that will move in a unit time under a unit head gradient through a unit area.
HYDROGEOLOGY
The study of groundwater with particular emphasis given to its chemistry, mode of migration, and relation to the geologic environment.
INFILTRATION
The flow of water downward from the land surface into and through the upper soil layers. Synonym to "percolation."
LOT OR LOT IN QUESTION
For the purposes of this article, a designated parcel, tract or area of land established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit and upon which a water supply well is proposed or additional water extraction for an existing land use is proposed. The lot is a parcel of land, used or set aside and available for use as the site of one or more buildings and any buildings accessory thereto or for any other purpose, in one ownership and not divided by a street, nor including any land within the right-of-way of a public or private street upon which said lot abuts, even if the ownership to such right-of-way is in the owner of the lot.
MAXIMUM CONTAMINANT LEVEL (MCL)
The maximum permissible concentration of a constituent or contaminant in drinking water. The source of data for MCLs shall be federal and Pennsylvania law, and in the case of a conflict, the stricter (more protective of water quality) provision shall apply.
MULTI-WELL PROJECT
Any proposed land use, activity, development, or project that involves the installation of more than one water well as part of the proposed land use, activity, or project. Installation of a second water well on an existing residential property for an accessory use shall not be considered a multi-well project.
A.
SMALL MULTI-WELL PROJECT
A multi-well project that proposes the installation of four or fewer wells.B.
LARGE MULTI-WELL PROJECT
A multi-well project that proposes the installation of more than four wells.NEIGHBOR NOTIFICATION DISTANCE
A distance between the boundary of the lot on which a test well is proposed and neighboring wells or groundwater sources that, for all owners of wells or other groundwater sources (e.g., springs) within the distance, the applicant must notify as further set forth in § 234-114. Distances are specified in § 234-114.
OBSERVATION WELL
A water well used to observe the elevation of the water table or the potentiometric surface, typically during a pump test or other aquifer test. An observation well is generally constructed similar to a test well.
PaDEP
Pennsylvania Department of Environmental Protection.
PERENNIAL STREAM
A body of water flowing in a channel or bed composed primarily of substrates associated with flowing waters and capable, in the absence of pollution or other man-made stream disturbances, of supporting a benthic macroinvertebrate community which is composed of two or more recognizable taxonomic groups of organisms which are large enough to be seen by the unaided eye and can be retained by a United States Standard No. 30 sieve (28 meshs per inch, 0.595 mm openings) and live at least part of their life cycles within or upon available substrates in a body of water or water transport system.
POROSITY
The voids or openings in rock and soil. Porosity may be expressed quantitatively as the ratio of the volume of openings in a rock or soil to the total volume of the rock or soil.
POROSITY, EFFECTIVE
The amount of interconnected pore space available for fluid transmission.
POROSITY, PRIMARY
Openings in a rock formation where most water movement occurs.
POROSITY, SECONDARY
Smaller opening in a rock formation.
POTABLE WATER
Any water used, or intended to be used, for drinking and/or culinary purposes which is free from impurities in amounts sufficient to cause disease or harmful physiological effects, and complies with the bacteriological and chemical quality standards of the USEPA, PaDEP, and BCHD.
PRODUCTION WELL
A water well that supplies water to a given land use, activity, development, or project.
PROVISIONAL CERTIFICATE
Refers to a written approval issued by Nockamixon Township authorizing well construction and testing in accordance with the applicant's preconstruction and pretesting/analysis submittal package under § 234-120B(1).
PUMP RATE
The rate which water is removed from an aquifer by pumping a well, often expressed in gallons per minute. In this article, this term is interchangeable with "flow rate" and "pumping rate."
PUMP TEST
This shall be interchangeable with "pumping test."
QUALIFIED HYDROGEOLOGIST
An individual licensed by the Commonwealth of Pennsylvania to practice geology, and who specializes in the practice of applying geologic and hydrogeologic principles to interpretation of groundwater conditions and conducting aquifer tests and the analysis of aquifer test data. The individual shall provide a resume or curriculum vitae to document licensure, education and experience requirements.
RECHARGE
The volume of water that infiltrates to an aquifer, often expressed in inches per year per unit area.
RECHARGE AREA
An area at land surface where recharge occurs to a particular aquifer.
REGISTRANT
A person required by this article to register a water well.
REPLACEMENT WELL
A well installed for the sole purpose of supplanting an existing well that can no longer provide sufficient water to the residence or business on the lot. Within 30 days of approval to operate the replacement well, the existing well must be decommissioned.
SATURATED ZONE
The zone in which the voids in the rock or soil are filled with water at a pressure greater than atmospheric. The water table is the top of the saturated zone in an unconfined aquifer.
STATIC WATER LEVEL
The depth from ground surface to water in a well undisturbed by pumping. Also reported as elevation referenced to a standard datum.
STORAGE COEFFICIENT (STORATIVITY)
The volume of water an aquifer releases or takes into storage per unit surface area of the aquifer per unit change in head. It equals the product of specific storage and aquifer thickness.
TDD
Total daily demand.
TEST WELL
A water well drilled to gather data on water supply availability and quality, and on aquifer characteristics.
TOTAL DAILY DEMAND
The total amount of water used or projected to be used each day by a household or facility, often expressed in gallons per day. In this article, average daily demand and total daily demand shall be considered interchangeable.
TRANSMISSIVITY
The rate at which water of a prevailing density and viscosity is transmitted through a unit width of an aquifer under a unit head gradient. Transmissivity equals hydraulic conductivity multiplied by aquifer thickness.
UNSATURATED ZONE
The zone between ground surface and the water table. Pore spaces in the unsaturated zone contain water at pressures less than atmospheric. Also referred to as "zone of aeration" and "vadose zone."
WATER TABLE
The surface for which water begins to fully occupy porespace. Water table depth (elevation) is measured by the level at which water stands in a well situated in a surficial aquifer.
WELL
A hole or excavation larger than four inches in diameter or a hole or excavation deeper than 10 feet in depth that is drilled, bored, cored, driven, jetted, dug, or otherwise constructed for the purpose of removal of, or investigation of, or exploration for, water, regardless of the intended use (e.g., residential, agricultural, industrial, etc.).
WELL PERMIT
Refers to a written approval issued by Nockamixon Township authorizing the operation of a well or wells in accordance with the permit after the applicant has met the requirements of this article, including, but not limited to, submission of a final report under § 234-120B(3).
WELL RECORD
A geologic log and the construction details of a well, which is completed by the well driller subsequent to well installation.
§ 234-111 Classification of activities and associated requirements.
A.
Applicability of Article XIV. Unless otherwise specifically stated in this article, all persons seeking subdivision and land development approval, any zoning approval (including but not limited to zoning permits and conditional use or special exception approval), building permits, and/or certificates of use and occupancy to construct additions or new buildings on an existing lot, and who propose to drill and install a new water supply well, shall comply with the provisions of this Article XIV, as a condition of obtaining the relevant zoning or other permits. Section 234-111B and C further identify who must obtain a well permit and who must register their well.
(1)
Classes. There are four classes of activities, land uses, projects, and/or wells according to proposed withdrawal amount. For the purpose of determining class, the proposed withdrawal shall be the total withdrawal of all well/lots associated with the subject use, land development and/or subdivision, as follows:
(a)
Class 1: proposed withdrawal is 1,000 gallons per day (gpd) or less.
(b)
Class 2: proposed withdrawal is 2,000 gpd or less, but greater than 1,000 gpd.
(c)
Class 3: proposed withdrawal is 10,000 gpd or less, but greater than 2,000 gpd.
(d)
Class 4: proposed withdrawal is greater than 10,000 gpd.
(2)
Methods for determining the proposed withdrawal [i.e., the total daily demand (TDD)] are set forth in § 234-112E(2).
(3)
Unless otherwise specified in this article, in determining well class, the applicant must consider all proposed uses of the proposed well. For example, if a proposed well is to serve a community building and landscaping operations in a large residential development, the projected water usage of both the community building and the landscaping operations would determine the well class.
B.
Permit requirement. Unless exempted by Subsection C below, all wells, regardless of class, must obtain a well permit. The requirements for obtaining a well permit vary by class and by the proximity of existing wells and/or of streams and/or wetlands. These requirements are summarized in Table 234-111. Section 234-120 sets forth permit and registration application requirements and the Township's review process. Additional standards are set forth below in § 234-110D, regarding multi-well projects.
C.
Exemptions from permit testing requirement; well registration requirement for exempted activities.
(1)
The following types of land uses or changes to water wells are exempt from the well permit pump test and analysis requirements:
(a)
Applications for permits to construct building additions or accessory structures on an existing lot for Class 1 projects where the additional water extraction, if any, does not result in the lot extracting more than 150% of existing withdrawal, or 100 gallons per acre per day, whichever is greater.
(b)
Replacement of an existing well or alterations to an existing well that will not result in any increase in the equivalent dwelling unit (EDU) capacity of the lot.
(c)
Geothermal wells installed in a closed-loop system. A closed-loop system is one in which groundwater is not extracted from and not discharged to the subsurface.
(d)
The well will be used for remediation of groundwater quality where said remediation is being conducted in accordance and in compliance with PaDEP regulations.
(e)
Modification or replacement of Class 1, 2, and 3 wells for existing agricultural uses (uses consistent with Use A-1 Agricultural and Horticulture, A-4 Accessory Agricultural Sales, and A-7 Nursery and Greenhouse, of the Zoning Ordinance).
(2)
Exempted activities still must register a new well and any alterations to, or replacement of, an existing well (including but not limited to increases in water withdrawal) as a condition of making such changes or drilling such well.
(a)
This registration must include documentation of compliance with the well construction requirements in Subarticle XIVC.
(b)
Water quality testing under Subarticle XIVB, while not required for exempted activities, is recommended.
(c)
Exempted activities still must comply with and are subject to the general requirements of Subarticle XIVD (not including testing and analysis requirements).
D.
Multi-well projects. Multi-well projects pose challenges in determining the availability and potability of water not present when an applicant is seeking to install one well, or an additional building on a property with a new well. Examples of multi-well projects include, but are not limited to, residential subdivisions and business parks that propose the creation of multiple lots with proposed individual on-lot wells for each home, business, or lot; and multiple community wells shared with homes within a residential subdivision. The process below is the Township testing and review process for multi-well projects. Nothing in this subsection exempts multi-well projects from the other requirements in Article XIV, the Township's Zoning Ordinance, or the Township's Subdivision and Land Development Ordinance,[1] including but not limited to well construction standards and responsibility for adverse impacts to neighboring wells, as set forth in Subarticle XIVD, and application requirements set forth in § 234-120.
(1)
Testing process.
(a)
Predecisional development-wide testing.
[1]
This testing shall be used by the applicant and the Township to provide guidance on the amount of lots, homes, or other uses within the development that the aquifer may be capable of sustaining without harming neighboring uses and local natural resources.
[2]
In determining the project class for predecisional development-wide testing, the applicant must consider all proposed uses throughout the development and their water needs. For example, if a development project proposes 40 homes and a community building, the total amount of projected water usage for the entire development will determine the well class and associated requirements (e.g., number of observation wells, whether extending monitoring must be conducted, parameters for a baseflow analysis).
[3]
Number of and location of test wells.
[a]
Small multi-well projects shall install the same number of test wells as there are production wells proposed for the small multi-well project. All test wells must be installed in the location of the proposed production wells and must be converted to production wells. The Township may require additional test wells depending on site conditions, including but not limited to the factors listed below for large multi-well projects.
[b]
Large multi-well projects shall consult with the Township on the number of and location of test wells to be installed for the development-wide test. Factors that the Township will consider include, but are not limited to, aerial extent of the proposed development; proposed layout of the development, including ability to convert test wells to production wells; elevation change across development site; geologic features such as fracture locations; natural features such as streams/wetlands; and known water quantity/quality problem areas.
[4]
Testing multiple wells.
[a]
All tests required by this article, including any pumping tests and water quality tests, shall be performed on all proposed wells and/or all proposed septic systems (if septic analyses are required by § 234-118) together.
[b]
For Class 2 small multi-well projects, the well located the closest to off-site well(s) must be tested based on rate/demand of all proposed wells combined to simulate worst case impact of proposed project. Remaining wells and all Class 1 small multi-well project wells shall be tested based on individual rate/demand required by this article.
[c]
In the alternate for Subsection D(1)(a)[4][b] above, the applicant may choose to install all wells and test wells simultaneously based on individual rate/demand required by this article.
(b)
Post-approval, preoccupancy individual well testing.
[1]
Any individual well installed post-approval and that is to be used as a production well must undergo the pump test required by §§ 234-112 to 234-114, and the water quality sampling required by §§ 234-116 and 234-117. This testing must be performed as a prerequisite to obtaining a certificate of occupancy under § 234-98 for each building or other structure to be served by the well.
[2]
Any observation well that is converted to a production well must undergo the pump test required by §§ 234-112 to 234-114, and the water quality sampling required by §§ 234-116 and 234-117. This testing must be performed as a prerequisite to obtaining a certificate of occupancy under § 234-98 for each building or other structure to be served by the well.
[3]
Test wells installed as part of predevelopment testing and that have been converted to production wells must undergo additional water quality sampling, in accordance with §§ 234-116 and 234-117, just prior to the intended occupancy of the structure being served by the well. Such testing shall be a prerequisite to obtaining a certificate of occupancy under § 234-98 for each building or other structure to be served by the well.
[1]
Editor's Note: See Ch. 196, Subdivision and Land Development.
E.
Projects subject to multiple agencies' requirements.
(1)
When a project is subject to the jurisdiction of the BCHD, the PaDEP, and/or the DRBC, materials used to satisfy those agencies' requirements shall be submitted as part of an application to the Township. Those materials may also be used to satisfy provisions of this article and other applicable provisions so long as the materials contain and/or meet the standards under the Township's ordinances.
(2)
The applicant shall coordinate with all applicable agencies to determine if the applicant can conduct only one set of tests and analyses. The applicant shall engage in such coordinated testing if all applicable agencies approve, and shall provide documentation of that approval to the Township as part of its application materials.
(3)
The Board may, upon request by an applicant, and upon recommendation by the Township Engineer and Zoning Officer, grant relief from the strict application of one or more requirements of this article if the strict application would interfere with coordinated testing in accordance with all applicable agencies' requirements, including those of the Township. The applicant shall demonstrate that the relief requested fulfills the purposes of this article and results in the applicant complying with a standard no less stringent than what this article requires.
F.
Conversion to production wells. All test wells must be converted to production wells, except as provided herein. Any test wells not converted to production wells must be properly abandoned in accordance with the standards in Subarticle XIVC, unless the Township requires any unconverted well to be retained as a permanent monitoring well, in which case the well must be properly secured with a locking cap.
G.
Emergency permits. The Township may issue emergency permits for the correction of problems (either loss of water or loss of water quality) to an existing well that cause disruption of the availability of potable water. Any property owner requiring such emergency permit shall notify the Township of such water loss. The Township shall immediately issue an emergency permit upon confirmation of the emergency. The emergency permit shall be effective for 30 days only. After that period, the permit holder must comply with all applicable provisions of this article, including obtaining a permit for a new well that may have to be drilled.
H.
Violations. Failure of an applicant and a property owner to comply with this article shall constitute a zoning violation, a threat to the public health, safety, and welfare of Township residents, and a nuisance.
I.
When a conflict arises between the requirements of the Township's ordinances, including this Article XIV, and any requirement of the BCHD, the PaDEP, and/or the DRBC, the stricter standard shall apply.
Table 234-111: Summary of Classifications and Requirements | |||||
|---|---|---|---|---|---|
Class | Exempted Activities | Class 1 | Class 2 | Class 3 | Class 4 |
Examples | Replacing a well without increasing withdrawl Geothermal wells | Single-family dwelling with 4 bedrooms 50-seat restaurant | 4 small residence subdivision | 10-unit apartment building complex 100-student school | 100-bed hospital 150-resident nursing home |
Total Daily Demand (TDD) | TDD < 150% of exist withdrawl or 100 gal/ac, whichever is greater | TDD < 1,000 gpd | 1,000 < TDD < 2,000 gpd | 2,000 < TDD < 10,000 gpd Prohibited if within 500 feet of an active well | TDD > 10,000 gpd Prohibited if within 1,000 feet of an active well |
Requirements | |||||
Is Permit Required? | No. Only well registration | Yes | Yes | Yes | Yes |
Is Successful Pump Test and Archival Required? (§§ 234-112 to 234-114) | No, but recommended | Yes | Yes | Yes | Yes |
Is Contributing Area Analysis Required? (§ 234-115A) | No | Yes*, for multi-well projects only, if an existing well is within 200 feet of test well and is not available. For observation | Yes, if an existing well is within 500 feet of test well and is not available for observation | Yes, if an existing well is within 1,000 feet of test well and is not available for observation | Required regardless of distance from test well to nearest existing well |
Is Baseflow Analysis Required? (§ 234-115B) | No | Yes*, if a perennial stream or a wetland is within 250 feet of test well or withdrawl density > 100 gal/acre/day | Yes, if a perennial stream or a wetland is within 500 feet of test well or withdrawl density > 100 gal/acre/day | Yes, if a perennial stream or a wetland is within 1,000 feet of test well or withdrawl density > 100 gal/acre/day | Required regardless of distance from test well to nearest perennial stream or nearest wetland |
Water Quality Analysis? (§§ 234-116 to 234-117) | No, but recommended | Yes | Yes | Yes | Yes |
Septic System Water Quality Impact Analyses? (§ 234-118) | No | No | No | Yes | Yes |
Well Construction Standards (Subarticle XIVC) | Yes | Yes | Yes | Yes | Yes |
General Provisions (Subarticle XIVD) | Yes (except test and analysis requirements) | Yes | Yes | Yes | Yes |
NOTES: | |
|---|---|
* | Indicates not required for new or replacement wells for single dwellings constructed on lots existing prior to the date of adoption of this article. |
