Nockamixon Township
City Zoning Code
City Zoning Code
ARTICLE XIVD
Water Well Application Procedures
[Added 9-21-2023 by Ord. No. 174]
§ 234-120 Application requirements and Township review process.
This section sets forth application requirements and the Township's review and decision process for well registration and well permits.
A.
Well registration requirements and Township decision. A well registration application consists of two parts. The preconstruction and pretesting analysis submittal package must consist of the information contained in § 234-120B(1)(a) and (b) The post-construction final report must consist of the information contained in § 234-120B(3)(a) and (b). If the registrant chooses to conduct any voluntary testing, the registrant must also submit the materials required in the remaining portions of § 234-120B(1) and (3). The Township will evaluate the cumulative impacts of the project. The Township will inspect wells at least once for compliance with the provisions of this article prior to approval of well registration.
B.
Well permit application requirements. The well permit application process consists of three steps, as further outlined below. Multi-well projects shall refer back to § 234-111D for further guidance in complying with the application requirements set forth below. Projects subject to multiple agencies' requirements shall refer back to § 234-111E for further guidance in complying with the application requirements below.
(1)
Preconstruction and pretesting/analysis submittal package. An applicant shall submit the following information, as further indicated below, prior to constructing and testing a well. Applicants who are not required to conduct, and are not voluntarily conducting, certain tests (e.g., a contributing area analysis) need not include the information pertaining to such tests. Applicants who do voluntarily conduct tests must comply with the pertinent application requirements. The Township will review the information submitted for compliance with the requirements of this article. The Township reserves the right to request additional information from the applicant as needed to determine compliance prior to well construction and testing. The applicant shall also, at the time of submission, pay an application fee in accordance with the Township fee schedule.
(a)
Proposed well location and construction information. This section must include the following:
[1]
Applicant's name, address, and contact information.
[2]
Property owner(s) of the lot(s) in question on which the proposed well(s) would be constructed, with name, address, and contact information.
[3]
Tax Map parcel information for the lot(s) in question.
[4]
Well driller's name, address, contact information, and license information.
[5]
Name, address, and contact information of qualified hydrogeologist and/or other agents assisting applicant.
[6]
Proposed well construction, including proposed materials and methods.
[7]
Proposed well depth, diameter, and land surface elevation.
[8]
Geologic formation(s).
[9]
Existing and proposed land uses for the lot(s) in question.
[10]
Site map superimposed on a topographic or LIDAR base map showing:
[a]
Property boundaries;
[b]
Proposed well location(s);
[c]
Existing wells within 2,500 feet of the proposed well;
[d]
Existing and proposed septic and/or other sanitary sewage locations on the lot(s) in question and adjacent properties, and designs of such systems;
[e]
Watercourses, wetlands, lakes, ponds, springs, seeps, and floodplains within at least 2,500 feet;
[f]
Geologic formation boundaries, when the lot(s) in question is underlain by different formations;
[g]
Existing and proposed structures; and
[h]
Township, county, and/or state setback distances pertaining to water wells.
[11]
Any other information required to demonstrate compliance with the Township's water well construction requirements, set forth in Subarticle XIVC.
(b)
Proposed withdrawal information. This section must include the following:
[1]
If existing withdrawals occur on the lot(s) in question, the existing TDD, the proposed additional withdrawal in gallons/day, and the proposed new TDD.
[2]
If no existing withdrawals occur on the lot(s) in question, the proposed TDD.
[3]
Water use analysis report with project demand model (nonresidential uses only).
[4]
For applicants subject to the jurisdiction of multiple agencies, documentation of applicant's coordination efforts to engage in one set of tests to satisfy all applicable standards, and, if granted, such agencies' approval.
(c)
Groundwater pump test information (§ 234-112). An applicant must submit the following:
[1]
Class 3 and 4 projects: preliminary geologic and hydrogeologic analysis, including but not limited to bedrock geology and structure, including strike and dip or other orientation measurements; likely groundwater flow directions and mechanisms beneath the site; fracture traces and other surficial geologic expressions; topography and surface water drainage; geologic logs and construction details of any existing wells on-site; soils and overburden composition.
[2]
If observation wells are required by § 234-113: information on observation wells, including but not limited to number of observation wells; location from proposed test well; observation well construction details, including proposed materials and methods; observation well depth, diameter, and land surface elevation; geologic formation(s) of observation well(s); geologic logs for existing wells; documentation of written permission from well owner (if an existing well is used) to use the owner's well for observation purposes.
[3]
If notification of neighbors is required by § 234-114: listing of all owners of wells or other groundwater sources (e.g., springs) within the neighbor notification distance, and proof of neighbor notification, including a copy of the applicant's notification letter.
[4]
For Class 2, 3, and 4 projects: maps identifying contributing areas for proposed wells, whether test or observation wells. An identification of contributing areas is separate from the analysis under § 234-115A of whether the proposed test well will influence the contributing areas.
[5]
Expected location including geographic coordinates for location where water pumped from well or wells will be discharged.
[6]
Map depicting all of the above-listed information under this Subsection B(1)(c), including the neighbor notification distance (if neighbor notification is required by § 234-114).
[7]
The qualifications of the person(s) and firm who will be performing the test.
[a]
Except for Class 1 wells, at a minimum, all testing must be supervised by a qualified hydrogeologist. The preconstruction and pretesting/analysis submittal package must be signed and sealed by the qualified hydrogeologist.
[b]
Class 1 well applicants may use a licensed, reputable well driller for the testing. Any hydrogeologic analysis (e.g., contributing area or baseflow analysis) required by this article still must be conducted and/or overseen by a qualified hydrogeologist.
[8]
Equipment to be used and measurement methods, both for the test well and the observation well.
[9]
Water-level measurement and recording schedule for all required phases of testing.
[10]
Whether the applicant intends to, or must, conduct extended monitoring (see § 234-112H and J), and, if so, information on any existing or proposed water holding tank(s), including volume (in gallons), typical pump duration, type of pressure regulator (if any), and pump on/off settings (e.g., pump turns on/off based on certain water levels).
[11]
Anticipated pumping duration and flow rates for the required phases of the pump test, and for the extended monitoring phase if chosen to be done, or required to be done.
[12]
Expected duration of baseline assessment phase.
[13]
Any other information required to demonstrate compliance with §§ 234-112 through 234-114.
(d)
Contributing area analysis information.
[1]
If an applicant is required to conduct a contributing area analysis by § 234-115A, it shall submit the information required for the pump test.
[2]
Any other information required to demonstrate compliance with the contributing area analysis requirements, set forth in § 234-115A.
(e)
Baseflow analysis information. If an applicant is required to conduct a baseflow analysis by § 234-115B, it shall submit the following:
[1]
Information on watercourses, wetlands, ponds, lakes, and reservoirs within the analytical distance required under this article under § 234-115B, including but not limited to proximity to the proposed test well, whether the watercourse is a perennial stream and how that determination was made, the water body's existing use under 25 Pa. Code Chapter 93, and whether the water body supports any endangered and/or threatened species.
[2]
The methods to be used (e.g., piezometers, stream gauges, etc.) beyond observation wells to determine the impact on perennial streams and on wetlands, ponds, lakes, and reservoirs. If no additional monitoring methods are being used, the applicant must specify the model it has used to determine impacts and identify the assumptions on which the model relies, and whether the model is commonly used by qualified hydrogeologists to determine baseflow impacts.
[3]
Any other information required to demonstrate compliance with the baseflow analysis requirements in § 234-115B.
(f)
Water quality. This section must include the following:
[1]
Constituents (contaminants) to be tested.
[2]
Certified laboratory(ies) to be used for analysis of water samples, and name of person collecting samples.
[3]
Identification of historic uses of the lot(s) in question and the proximity to any Superfund sites or known areas of groundwater contamination (e.g., TCE plumes).
[4]
Maps identifying septic system locations with soils and preliminary construction information as to the type of system that will be employed for each unit.
[5]
Any other information required to demonstrate compliance with the Township's water quality testing requirements, set forth in Subarticle XIVB.
(g)
Escrow and other financial security.
[1]
Escrow for professional review expenses.
[a]
Applicants for Class 2 and above projects shall reimburse the Township for all reasonable administrative and professional expenses, including, but not limited to, engineering, legal, and other consultant fees, and Township-incurred expenses related to collection of fees from the applicant and disbursement to professional consultants.
[b]
Concurrent with the filing of an application, the applicant shall pay to the Township the appropriate nonrefundable filing fee and an escrow deposit to defray the professional expenses incurred by the Township in accordance with the fee schedule adopted by the Board.
[c]
Thereafter, as the escrow deposit for expenses is depleted, the applicant shall make further deposits upon notice from the Township, until approval of the permit.
[d]
The required amount of initial escrow, and amount at which replenishment is required, shall be set by resolution of the Board of the Supervisors.
[2]
Financial security for adverse effects. If required by § 234-122, the applicant shall provide security for remedying adverse effects to wells.
(2)
Well construction, testing, and analysis. If the Township approves the applicant's submittal package in the preceding section [§ 234-120B(1)], the Township will issue to the applicant a provisional certificate allowing well construction and testing in accordance with the submittal package. The provisional certificate is good for two years only, after which time the applicant must begin the application process again, or verify to the Township that the originally submitted application information remains accurate with respect to site and hydrogeologic conditions.
(3)
Final report. Reports submitted to the Township shall include all information required under this article. Reports shall be prepared, signed, and sealed by a Pennsylvania licensed professional geologist with qualifications in hydrogeology.
(a)
General well location and construction information. This section must include, at a minimum, the following information:
[1]
The information required in the preconstruction and pretesting/analysis submittal package.
[2]
Well owner.
[3]
Copy of PaDEP well record.
[4]
Latitude, longitude, and land surface elevation.
[5]
Summary of test well construction information (from PADEP well record).
[6]
Geologic log for each test well, describing the depth and types of soils and rocks encountered and the depth and yields of all water-bearing fracture zones. The log must include static water-level measurements and total yield estimates.
[7]
Depth and diameter of test well.
[8]
Geologic formation(s).
[9]
Flow rate upon well installation.
[10]
Initial water level.
[11]
A site map with location of the proposed test wells, property boundaries and area, all wells within 2,500 feet superimposed on a topographic base map, and all installed observation wells.
[12]
Any other information required to demonstrate compliance with the Township's water well construction requirements, set forth in Subarticle XIVC.
[13]
Geologic logs and well construction details for any installed observation wells. The geologic log for each observation well must describe the depth and types of soils and rocks encountered and the depth and yields of all water-bearing fracture zones. The logs must include static water-level measurements and total yield estimates for each well.
[14]
Where available, the geologic log and well construction details of any neighboring wells used for observation.
(b)
Proposed withdrawal information. This section must include the following:
[1]
If existing withdrawals occur on the lot(s) in question, the existing TDD, the proposed additional withdrawal in gallons/day, and the proposed new TDD.
[2]
If no existing withdrawals occur on the lot(s) in question, the proposed TDD.
[3]
Water use analysis report with project demand model (nonresidential uses only).
[4]
For applicants subject to the jurisdiction of multiple agencies, documentation of applicant's coordination efforts to engage in one set of tests to satisfy all applicable standards, and, if granted, such agencies' approval.
(c)
Groundwater pump test information (§§ 234-112 to 234-114). This report section must document the design and implementation of the groundwater pump test, and include, at a minimum, the following information:
[1]
The information required in the preconstruction and pretesting/analysis submittal package.
[2]
Name and license number of the well driller and pump installer.
[3]
Names of the persons and firm responsible for collecting the water-level measurements.
[4]
For Class 3 and 4 projects: a detailed hydrogeologic description of the aquifers encountered beneath the lot in question and adjacent properties.
[5]
For Class 3 and 4 projects: an evaluation of bedrock stratigraphic and structural characteristics, including an evaluation of the strike and dip of the bedding planes, orientation of faults, joints and fractures, and trends of folds and the influence these geologic features have on groundwater movement and replenishment.
[6]
For Class 2, 3, and 4 projects: calculations of aquifer characteristics such as transmissivity and storage coefficient, calculations of the radius of influence, potential impacts to adjacent well owners, and an evaluation of the long-term sustained yield for the wells.
[7]
All water-level and precipitation measurements obtained during the pump test in electronic format acceptable to the municipality.
[8]
Calculations of the contributing area. An identification of contributing areas is separate from the analysis of whether a proposed well will influence the contributing areas of existing wells.
[9]
Data presented in Excel format (preferred format at Appendix B).[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
[10]
All original, raw data from the pump testing in a format that allows for digital archiving.
[11]
For those that conduct extended monitoring: information on any existing or proposed water holding tank(s), including volume (in gallons), typical pump duration, type of pressure regulator (if any), and pump on/off settings (e.g., pump turns on/off based on certain water levels). All data from the extended monitoring shall be provided to the Township consistent with the requirements for providing data from the required phases of the pump test.
[12]
Any other information required to demonstrate compliance with §§ 234-112 through 234-114.
(d)
Contributing area analysis (§ 234-115A).
[1]
The information required in the preconstruction and pretesting/analysis submittal package.
[2]
Analysis and results containing all required components under this article.
(e)
Baseflow analysis (§ 234-115B).
[1]
The information required in the preconstruction and pretesting/analysis submittal package.
[2]
Analysis and results containing all required components under this article.
(f)
Water quality information (Subarticle XIVB).
[1]
All water quality results obtained from each well tested, presented in Excel or similar electronic spreadsheet format allowing for review and comparison between wells and times of sampling, including samples taken from observation wells installed by or under the control of the applicant.
[2]
All laboratory, sampling, and chain of custody paperwork, including, but not limited to, paperwork documenting date and time of samples, methods used to sample, and results from the certified laboratory(ies) with data qualifiers. All paperwork may be submitted in electronic format.
[3]
Official certified communications from the certified laboratory(ies).
[4]
For Class 3 and 4 projects, in accordance with § 234-118, a detailed evaluation of potential impacts from subsurface sewage disposal systems on groundwater quality, including:
[a]
A site plan or survey of the lot in question depicting topography, actual and planned well locations, septic leach field locations, and fracture trace locations at a minimum scale of one inch equals 200 feet. For any and all locations where a fracture or set of fractures intersects one or more wells and/or septic leach fields, a detailed assessment of treatment technologies must be included. The treatment technologies should provide adequate assurances that any and all groundwater pumped from the wells will satisfy federal and Pennsylvania drinking water standards (MCLs) and will not be degraded by the septic leach field discharges.
[b]
Maps depicting septic system mixing zones and calculations of nitrate loading from septic systems on groundwater resources as described in § 234-118A.
[c]
Nitrate dilution model being used, and nitrate dilution model evaluation (§ 234-118A).
[d]
An analysis of the dry year nitrate impact of on-site sewage disposal systems in accordance with § 234-118B.
[5]
If the water quality of the well does not meet the standards set forth in Subarticle XIVB, a copy of the plans for the proposed structure, building, and/or other development with detailed plans for a treatment system that will bring the water quality into compliance with the standards. This shall be certified by a professional engineer or other qualified individual.
[6]
Any other information required to demonstrate compliance with the Township's water quality testing requirements, set forth in Subarticle XIVB.
(4)
Cumulative impacts. The Township reserves the right to evaluate the cumulative impacts of the project and to deny any project on the basis of cumulative impacts.
(5)
Site inspection. The Township will inspect wells at least once for compliance with the provisions of this article prior to issuance of a well permit.
C.
Well permit decision.
(1)
Upon payment of all required fees, the completion of all testing requirements to the reasonable satisfaction of the Township's professional consultants, securing of all related approvals for the well and its construction, including, but not limited to, PaDEP, BCHD, and DRBC permits, and, as applicable, the posting of the security provided for in § 234-122, and completion of the inspection(s), the Zoning Officer shall either issue the well permit or deny the well permit and provide written reasons for the denial.
(2)
Upon a permit decision, the Township shall forthwith refund to the applicant any uncommitted portion of the professional fees escrow deposit remaining after expenses incurred by the Township have been paid in full by the applicant.
D.
All well permits issued by Nockamixon Township shall be in effect as of the date of issuance. In the event that the well has not been put into operation under the permit within three years from the date of issuance, the permit shall expire, the validity of the permit shall cease and terminate, and all fees paid will be forfeited, except as exempted within the definition of "abandoned wells" in this article. However, water quality testing must be conducted prior to issuance of occupancy permit for any use utilizing a well in which current water quality testing is not available (less than three years old). Wells whose permits have expired must be properly abandoned in accordance with this article.
§ 234-121 Presumption of responsibility for adverse effect.
An applicant, its successors and assigns for a Class 2 and above well shall be presumed responsible for any adverse effect to any water supply well within 2,500 feet of the property boundary of the lot in question that occurs during a time period beginning with well construction, alteration, and/or yield enhancement (whichever is earlier) and ending at a date that is 60 months from the date the last-installed of any of the applicant's Class 2 well(s) or above reach full production.
§ 234-122 Financial security pertaining to potential adverse effects.
An applicant for any Class 2 and above well(s) shall deposit with the Township at the time of the application for the well permit financial security to cover potential adverse effects to surrounding water supplies. The financial security shall be in an amount based on the number of existing wells on surrounding properties in which the wellhead(s) are located within 2,500 feet of the property boundary of the lot in question and may be set by a fee schedule, which the Board of Supervisors may from time to time adopt by resolution. Without limitation as to other types of financial security which the Township may approve, which approval shall not be unreasonably withheld, federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security. Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct business within Pennsylvania.
§ 234-123 Right to hearing.
Any owners of a water supply well who experience an adverse effect in either quantity or quality to their water supply during the presumption period which they believe is due to a Class 2 or higher well for which a well permit has been issued shall have the right to request a hearing pursuant to § 234-124.
§ 234-124 Procedure for hearing.
A.
Any party desiring a hearing pursuant to § 234-123 shall make demand therefor to the Township Manager in writing and with proof of service thereof on either the applicant, its successors or assigns.
B.
The Board shall schedule a hearing pursuant to the Pennsylvania Local Agency Law, 2 Pa.C.S.A. § 551 et seq., within not less than 15 days or more than 90 days after receipt of the demand for hearing, unless the applicant agrees in writing to an extension.
C.
Notice of the hearing shall be given to the applicant, its successors and assigns and the owner of the water supply well which is alleged to have suffered an adverse effect.
D.
At the hearing, each party shall have the right to present evidence and to cross-examine witnesses. The party making the demand for the hearing shall have the burden of proof to establish adverse effect of either quantity or quality of their water supply.
E.
All testimony shall be stenographically recorded at the cost of the parties and a full and complete record shall be kept of the proceedings.
F.
The decision of the Board on the applicability of responsibility under § 234-125 shall be in writing, shall contain findings of fact and conclusions of law setting forth the reasons for the decision which shall be served upon all parties or their counsel personally or by mail.
G.
Any party aggrieved by the decision of the Board may appeal therefrom in accordance with the 2 Pa.C.S.A. § 751.
§ 234-125 Responsibility of applicants for Class 2 and above wells for adverse effects.
A.
In the event that it is finally determined pursuant to the provisions of this article that the applicant and its successors and assigns are responsible for an adverse effect to a water supply well, then the applicant, or its successors and assigns, shall alleviate the problem, at no expense to the affected property owner(s).
B.
The applicant and its successors and assigns who adversely affect a water supply by contamination, interruption or diminution shall restore or replace the affected water supply with an alternate source of water that is:
(1)
Adequate in quantity and quality for the purpose served by the supply;
(2)
At least equal to the preexisting condition of the affected water supply; and
(3)
Uses the same means of dispensing water on the premises.
C.
For the purpose of this section, the term "water supply" includes an existing source of water or facility or system for the supply of water for human consumption, for agriculture, industrial or other uses. The first choice for an alternate supply of water is a new or deepened well. Under no circumstances may a permanent alternate water supply provided by an applicant or its successors and assigns to remedy an adverse effect to a water supply well consist of an external water tank (e.g., "water buffalo") or bottled water supplies.
D.
A person that adversely affects another water supply within the meaning of this section shall provide temporary alternate water supplies until a permanent alternate water supply is secured. In no case may provision of temporary alternate water supplies occur for a total period of time of longer than two years.
E.
The applicant, or its successors and assigns, shall supply potable water to the groundwater source owner until the corrective work is completed and shall reimburse the owner(s) for any cost incurred by the owner(s) to secure potable water prior to the applicant, or its successors and assigns, doing so.
§ 234-126 Application of security to remedy adversely affected wells.
In the event the applicant, or its successors and assigns, does not provide an alternate supply of potable water pursuant to § 234-125 or does not commence to remedy the adversely affected water supply within five days of when it is finally determined pursuant to the provisions hereof that the applicant, or its successors and assigns, is responsible for an adverse effect to a water supply well, the Township may draw on the financial security posted pursuant to § 234-122 and apply such security to provide an alternate supply of potable water and to take whatever action the Township deems necessary to cure the problem. In the event that the financial security is not sufficient to provide an alternate supply of potable water and to remedy the adverse effect, the applicant, or its successors and assigns, shall be responsible for any additional expense, including legal, engineering and administrative costs, which are incurred in remedying the adverse effect.
§ 234-127 Return of applicant's security after presumption period.
At the end of the presumption period set forth in § 234-121, the applicant, or its successors and assigns, upon written request, shall have all financial security posted with the Township pursuant to § 234-122 returned to the applicant, or its successors and assigns, except for such security as may be necessary to remedy any pending claims of adversely affected wells which have not been finally determined pursuant to the provisions of this article.
§ 234-128 Conditional use approval in limited circumstances.
A.
The Board may, upon application of an applicant, and upon recommendation by the Township Engineer and Zoning Officer, grant conditional use approval to permit a deviation from compliance with one or more requirements of this article in the following circumstances:
(1)
Where compliance with every requirement of this article would prevent installation of a well for a new single-family detached dwelling on a lot that was created prior to the enactment of this article, and that has never been developed or otherwise built on and is vacant;
(2)
Where compliance with every requirement of this article would result in the closure of an existing business, or prevention of reasonable changes or natural expansions that promote or ensure the existing business's viability in the Township and services to Township residents; for the purposes of this criterion, existing businesses shall include agricultural operations, as that term is defined in 53 P.S. § 10107(a);
(3)
Where compliance with every requirement of this article would result in the spread of existing groundwater contamination beyond the known horizontal and vertical extent of contamination at the time of the applicant's request; or
(4)
Where compliance with every requirement of this article, in the case of any Class I and II wells, would create an exceptional and unusual financial hardship not created by the applicant.
B.
The Board shall make favorable findings on the following in addition to the relevant provisions of Article VII of this chapter:
(1)
There will be no direct adverse effect on the public health and safety, including the long-term availability of water for its use and surrounding property owners.
(2)
The issuance of the conditional use approval will not directly adversely affect the availability of reliable, safe and adequate water supplies to support the intended land uses within the capacity of available water aquifer resources.
