A.
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.
B.
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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Groundwater Nonuse Overlay District shall be defined as
that area within the corporate boundaries of the Township as is set
forth on the Zoning Map and incorporated herein by reference thereto.
Specifically, the Nonuse Overlay District is defined as all lands
zoned I-3 Industrial/Commercial at the time of adoption on October
27, 2003, or lying within 1,000 feet of those lands so zoned.. Where
the boundary of the Nonuse Overlay District divides any property,
the entire property shall be considered to lie within the Nonuse Overlay
District.
Within the Nonuse Overlay District, land uses shall be regulated
as follows:
A.
Groundwater may not be used as a drinking water source or for agricultural
use.
B.
Any property currently using groundwater as a drinking water source
or for agricultural use must immediately connect to the existing community
water supply.
C.
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.
D.
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.
E.
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.
All subdivision and land development plans to be located within
the Nonuse Overlay District shall be reviewed by the Zoning Officer
and the Township Planning Commission for compliance with the provisions
of this article. It shall be the responsibility of the Zoning Officer
and the Township Planning Commission to recommend approval, disapproval
or approval with conditions and modifications of the proposed plan
so as to assure compliance with the provisions of this article.
