1.   The purpose of this Part is to protect the public health, safety and welfare through the preservation of the groundwater resources of the Borough public water supplies and to ensure a future supply of safe and healthy drinking water for the residents of the Borough. The designation of the Wellhead Protection Overlay District, as provided herein, and the regulation of activities within such Wellhead Protection Overlay District will reduce the potential for ground and surface water contamination and thereby preserve irreplaceable groundwater resources. The delineation of the Wellhead Protection Overlay District and the development of the provisions of this Part are based upon a professional study of the hydrogeology and other features of the Borough and certain nearby municipalities.

   2.   This Part is enacted pursuant to the authority contained in Article I, §27, of the Constitution of the Commonwealth of Pennsylvania and §§ 501, 503, 601, 604(1) and 603 (b) of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, as amended by Act 209 of 1990, and as further amended by Act 131 of 1992, 53 P.S. §§10501, 10503, 10601, 10604(1), 10603(b), which provisions authorize the Borough to enact ordinances regarding development and land uses to:

      A.   Ensure the public health and safety.

      B.   Provide a safe, reliable and adequate water supply.

      C.   Preserve natural values and aquifers.

(Ord. 379, 7/6/2009, § 1601)

   1.   The Wellhead Protection Overlay District shall be defined as that area within the corporate boundaries of the Borough as is set forth on the map attached hereto, marked as Exhibit “27-A” and incorporated herein by reference hereto. Within the Wellhead Protection Overlay District, the following Wellhead Protection Zones are hereby established:

      A.   Zone 1 shall be that area marked on Exhibit “27-A” as Zone 1, which Zone 1 represents a protective zone immediately surrounding a community water supply well, which shall be a radius of 400 feet.

      B.   Zone 2 shall be that area marked on Exhibit “27-A” as Zone 2, which Zone 2 represents an area to be determined, by methods applicable to that hydro- geologic setting, as having a 10 time-of-travel of groundwater supply to public well sites.

      C.   Zone 3 shall be that area marked on Exhibit “27-A” as Zone 3, which Zone 3 represents the area that contributes surface and groundwater to Zone 2.

   2.   Where the boundary of any zone divides any property, the entire property shall be considered to lie within the zone offering the highest degree of protection to groundwater resources. Should any person challenge the boundary of Zones 1, 2 or 3, it shall be the responsibility of that person to retain a recognized professional with competence in the field to determine more accurately the precise boundary of the disputed area. The final boundary to be used will be determined by the Borough with assistance from the Borough Engineer and/or a professional hydro-geologist, as appropriate.

(Ord. 379, 7/6/2009, § 1602)

   1.   Within the Wellhead Protection Overlay District, land uses shall be regulated as follows:

      A.   Lots and tracts of land located within the Wellhead Protection Overlay District, as delineated in the Wellhead Protection Delineation Map of Telford Borough Authority’s Wellhead Protection Program, 2006, shall be governed by the restrictions applicable to the Wellhead Protection Zone in which such lots and tracts of land are located.

      B.   Certain land uses within the Wellhead Protection Overlay District will be regulated (hereinafter “regulated land uses”) according to the schedule of regulated land uses attached hereto, marked Exhibit “27-A,” and incorporated herein by reference.

   2.   Certain particularly regulated uses will be prohibited or permitted only by special exceptions, within Zone 1, 2, or Zone 3, as applicable, as is set forth in the schedule of regulated land uses.

(Ord. 379, 7/6/2009, §1603)

   As to each lot or tract of land located within the Wellhead Protection Overlay District, upon which there is conducted a regulated land use, the record owner thereof shall submit or cause to be submitted to the Zoning Officer of the Borough the following reports and information in the manner prescribed:

      A.   Copies of all Federal, State and county operational approvals, certificates, permits and applicants, on-going environmental reports and monitoring results, relating to environmental, pollution control, hazardous substance and drinking water laws and regulations pertaining to such lots or tract of land, as and when required to be submitted to Federal, State and county governmental authorities.

      B.   In the event that any containments and/or substances regulated under the Federal, State or county environmental pollution control, hazardous substances and drinking water laws and regulations are released on or from any lot or tract of land within the Wellhead Protection Overlay District, copies of any and all notices, reports and documents which such owner filed or caused to be filed, with any Federal, State and/or county governmental authorities which provide notice of or relate to such release, as and when such notices, reports and documents are required to be filed with such governmental authorities.

      C.   Copies of all notices, orders, rules, decisions, recommendations, enforcement actions and similar documentation, as and when received by or on behalf of such record owner or the occupant of any such lot or tract of land from any Federal, State or county governmental authority in connection with the enforcement of environmental, pollution control, hazardous substance and drinking water laws and regulations.

(Ord. 379, 7/6/2009, § 1604)

   1.   The Zoning Officer of the Borough is hereby designated as the Borough official responsible for the administration and enforcement of this Part. The Zoning Hearing Board of the Borough shall hear appeals from the written determinations and orders of the Zoning Officer regarding applications, enforcement notices, cease and desist orders and other matters and shall also hear substantive and procedural challenges to the validity of this Part.

   2.   Uses of lots or tracts of land in existence on the date of enactment of this Part which are regulated land uses shall be deemed to be nonconforming uses of land under the terms of this Part. Such nonconforming uses of land may be continued by the present or any subsequent owner as long as:

      A.   Such use is and remains otherwise lawful and in compliance with all Federal, State and county environmental, pollution control, hazardous substance and drinking water laws and regulations.

      B.   Such nonconforming use has not been and is not discontinued for a period of 12 consecutive months.

      C.   Such nonconforming use is not, after the date of enactment of this Part, materially altered, changed or expanded.

      D.   The record owner of the lot or tract of land on which such nonconforming use is located is in compliance with § 27-1604 of this Part regarding reporting requirements.

      E.   Such nonconforming use is not an actual known source of groundwater contamination.

   3.   A regulated land use shall be deemed to be new or materially altered, changed or expanded if:

      A.   The land use which constitutes the regulated land use was not previously present and conducted upon the lot or tract of land in question.

      B.   The production and/or storage capacity of the regulated land use is increased.

      C.   The types of any substances which give rise to the regulated land use are changed.

      D.   The number of types of any substances which give rise to the regulated land use is increased.

      E.   The quantity of any substances which give rise to the regulated land use is materially increased.

   4.   Following the date of enactment of this Part, regulated land uses which are new or which constitute material changes, alterations or expansions of nonconforming regulated land uses will be prohibited in accordance with the terms of Exhibit “27-B” annexed hereto, thereby prohibited such regulated land uses or permitting such regulated land uses only upon granting of a special exception. Any regulated land use which is permitted to be conducted with the Wellhead Protection Overlay District as a result of the granting of a special exception in accordance with the terms of this Part shall not be deemed to be a nonconforming use of land under the terms of this Part, but shall without further action be considered a land use which is in conformity with the terms of this Part.

   5.   As to any new regulated land use or any proposed material change, alteration or expansion of a regulated land use which is a nonconforming regulated land use and as to which such regulated land use is permitted to be conducted within the applicable Wellhead Protection Zone upon the granting of a special exception, such special exception shall only be granted upon the following conditions:

      A.   Such regulated land use is one which is specifically authorized as a special exception in the Wellhead Protection Zone in question, as set forth in Exhibit “27-B.”

      B.   Such regulated land use will not, during construction or thereafter, cause the degradation of the groundwater quality upon or beneath the lot or tract of land in question, or upon or beneath adjacent lots or tracts of land, the degree and extent of which degradation is in violation of, or would violate, safe drinking water standards promulgated by Federal, State or county governmental authorities.

      C.   Satisfactory evidence has been provided to the Borough’s Zoning Officer or Zoning Hearing Board, as applicable, that the proposed regulated land use is in compliance with all Federal, State and county laws and regulations applicable to such regulated land use and the record owner or occupant has received all necessary approvals of such regulated land use.

   6.   Application for a special exception shall be made to the Zoning Hearing Board of the Borough in writing on such form as may be prescribed by the Zoning Officer and approved by resolution of the Council and such application shall include, at a minimum, a detailed description of each of the activities to be conducted upon the lot or tract of land in question which constitute a regulated land use, including a listing of all substances which are to be stored, handled, used or produced in connection with each regulated land use being proposed and which substances are subject to regulation by Federal, State and/or County governmental authorities.

   7.   The Zoning Hearing Board of the Borough shall issue a written determination approving or disapproving the application for a special exception or conditioning the granting of the special exception upon adherence to any or all of the following requirements by the applicant for the special exception, where the Zoning Hearing Board has found that such adherence is reasonably necessary to fulfill the groundwater protection purpose of this Part:

      A.   The installation of adequate containment facilities and systems so as to prevent the contamination of groundwater by substances regulated by Federal, State and/or county governmental authorities.

      B.   The preparation, filing (with the Zoning Hearing Board of the Borough) and periodic revision of an emergency plan addressing the means by which any potential contamination of groundwater will be controlled, collected and remediated, including emergency contacts and identification of potential containments.

      C.   Regular inspection and/or monitoring, by the owner, occupant, the Zoning Officer and/or third parties of the regulated land use.

      D.   Compliance by the applicant with the provisions of the Borough Subdivision and Land Development Ordinance [Chapter 22] then in effect pertaining to sanitary sewage disposal, water supply, stormwater management, utilities and easements and subsurface carbonate areas.

      E.   Applications to the Zoning Hearing Board of the Borough for a special exception under this Part, as well as written determinations of the Zoning Officer and appeals from the written determinations of the Zoning Officer to the Zoning Hearing Board and appeals to the courts of the Commonwealth of Pennsylvania, shall be subject to the same procedural (but not substantive) rules as are applicable to applications for special exceptions under the terms of the underlying Zoning Ordinance of the Borough in effect at the time of the application is filed.

(Ord. 379, 7/6/2009, § 1605)

   All major subdivision proposals and other proposed new development plans to be located within the Wellhead Protection Overlay District shall be reviewed by the Zoning Officer and the Borough Planning Commission for compliance with the provisions of this Part. It shall be the responsibility of the Zoning Officer and Borough Planning Commission to recommend approval, disapproval or approval with conditions or modifications of the proposed subdivision or development plan, so as to assure compliance with the provisions of this Part.

      A.   Subdivisions and land developments within Zones 1, 2 or 3 for which stormwater management controls are required pursuant to the Borough Subdivision and Land Development Ordinance [Chapter 22] shall be designed consistent with the following:

         (1)   Stormwater retention basins shall be prohibited.

         (2)   Stormwater detention basins shall be designed with an impermeable liner to prohibit the infiltration of impounded water to the surface.

      B.   Subdivision and land developments within Zone 1, 2 or 3 which are proposed for subsurface sewage disposal shall provide a tested and suitable primary absorption area and a tested and suitable secondary absorption area on each lot.

      C.   Subdivisions and land developments within Zones 1, 2 or 3 as mapped on Exhibit “27-A” shall have the following preliminary plan requirements in addition to those requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22]:

         (1)   A recognized professional with competence in the field shall review aerial photographs, soils, geologic and other available related data as the data relates to the subject property. The professional shall also conduct a site inspection of the property.

         (2)   Based on the work required in subsection .C(1), the professional shall prepare a map of the site showing the topographic, geologic and other pertinent physical features. The mapping shall indicate, but shall not be limited to, the following:

            (a)   Closed depressions.

            (b)   Seasonal high water table indicators.

            (c)   Outcrops of bedrock.

            (d)   Surface drainage into ground.

            (e)   Lineaments and faults.

            (f)   Quarries and mines.

            (g)   Oil and gas wells.

            (h)   Geologic contacts.

         (3)   Based upon the work in subsections .C(1) and .C(2), the professional shall determine what if any further testing should be done by the applicant to ensure compliance with this Part. Testing methodology shall be reasonable under the circumstances, including:

            (a)   The scale of the proposed development.

            (b)   The hazards revealed by the examination of available data and the site inspection.

         (4)   The applicant shall cause additional testing established in subsection .C(3) to be done. A study report shall be submitted and referred to the Borough Engineer. This study shall include a map of the area, all test results and a recommendation to the mitigation measures to be taken.

         (5)   The Borough Engineer shall report to the Planning Commission, with a copy of the landowner, his or her opinion as to the adequacy of the study and as to the capability of the site to support the proposed development in a manner in which the risks attendant to the development in carbonate areas are either eliminated or minimized. Recommendations for site development including building location may be included. Additional studies or testing as deemed necessary by the Borough Engineer in order to produce an adequate study given the scale of the proposed development and the hazards revealed may be required of the applicant.

(Ord. 379, 7/6/2009, § 1606)

   The following general exceptions specify those land uses and activities that are permitted by right and do not require a special exception:

      A.   Transit. The transportation of any hazardous or governmentally regulated substance through the Wellhead Protection Overlay District shall be exempt from the provisions of this Part; provided, that the transporting vehicle is in transit through the Wellhead Protection Overlay District; and, further provided, that such transportation is conducted in compliance with all applicable Federal and State laws and regulations.

      B.   Residential. To the extent otherwise permitted or regulated by Federal, State and/or county statutes and regulations, the owners and/or occupiers of lots or tracts of land which are primarily utilized for the purpose of single of multi- family residential dwellings are permitted to utilize and store fuels, hazardous chemicals, pesticides, fertilizers, inflammable liquids and gasses and toxic and regulated substances in such quantities and in such manner as is associated with normal consumer, household use and such limited utilization shall not be deemed a regulated land use for the purpose of this Part.

(Ord. 379, 7/6/2009, § 1607)

   For the purpose of this Part and enforcing the provisions of this Part, the Borough shall have available to it the same preventive and enforcement remedies, including the use of civil actions and summary criminal actions, as are set forth in this Chapter and in effect from time to time. In addition, the Zoning Officer of the Borough is authorized to issue cease and desist orders whenever such Zoning Officer becomes aware of violations of this Part. The Zoning Officer is authorized to issue enforcement notices with respect to violations of this Part, such enforcement notices to be issued in accordance with the enforcement provisions of this Chapter in effect from time to time.

(Ord. 379, 7/6/2009, § 1608)

   The Borough Council shall, from time to time, establish by resolution a schedule of fees, charges and expenses and collection procedures for special exceptions, costs of review and inspection, appeals and other matters pertaining to this Part. The schedule of fees shall be available for inspection in the Municipal Office of the Borough. An application will not be considered to be complete until all applicable fees, charges and expenses have been paid in full.

(Ord. 379, 7/6/2009, § 1609)

   Whenever there is a difference between the minimum standards specified in this Part and any standard included in any other ordinance, law or regulation of the Borough, the more stringent requirement shall apply. The provisions of this Part shall be deemed to be supplementary and in addition to the provisions of this Chapter and the Subdivision and Land Development Ordinance [Chapter 22] of the Borough as each is in effect from time to time.

(Ord. 379, 7/6/2009, § 1610)