[Adopted 7-21-1982 by Ord. No. 94]
 
As used in this Part, the following terms shall have the meanings indicated:
ACTIVITY
The drilling of a production well, the enlarging of a production well, the conducting of a pump test of the production well and/or conducting of a step test of a production well.
PERSON
The owner or owners of the premises upon which any activity concerning a production well governed by this Part is to occur and the person or persons conducting such activity.
PRODUCTION WELLS
A well intended to supply 10 or more residential units with water and/or any individual well intended to yield or supply a minimum of 10,000 gallons per day.
RULES OF CONSTRUCTION
A. 
The singular meaning includes the plural, and the plural the singular. The masculine gender includes the feminine and neuter.
B. 
The word "person" includes every individual or group of individuals, partnership, firm, association, corporation or organization.
SAFE YIELD
The amount of water that can be removed from the aquifer without exceeding the amount of water that is annually replaced by infiltration of water into the aquifer.
No person shall drill or enlarge a production well, or conduct step or pump tests for a production well except in compliance with the provisions of this Part. Furthermore, no person shall permit a production well to be drilled or enlarged upon his land, or permit a production well to be step-tested or pump-tested upon his land, except in compliance with the provisions of this Part.
[Amended 4-21-1999 by Ord. No. 216]
No person shall proceed to drill or enlarge a production well, or to conduct step or pump tests on a production well within Upper Makefield Township unless the Township Planning and Zoning Officer, the Township Engineer and all residents within a one-half-mile radius of the subject production well are notified in writing of the intent to drill, enlarge, step test or pump test a production well at least 14 days prior to the commencement of such activity. The notification shall contain the name of the owner of the property upon which the production well is to be located or is located, the location of the property, the address and telephone number of the owner of the property, and the name, address and telephone number of the person conducting the drilling, enlarging, step testing or pump testing activity. Furthermore, the notice shall state the precise dates on which the activity is to occur.
[Amended 4-21-1999 by Ord. No. 216]
A. 
Permit required. No person shall drill or enlarge a production well, or conduct a step test or pump test for a production well unless the owner of the land upon which the production well is located or is to be located or the person conducting the activity has first obtained a permit from the Township Secretary. The permitting requirement of this section shall not apply to public utilities operating under a certificate of public convenience issued by the Public Utility Commission.
B. 
Permits shall be issued by the Township Planning and Zoning Officer upon payment by the applicant of the fee required for the activity to be conducted. The Board of Supervisors of Upper Makefield Township shall, by resolution from time to time, establish the fee schedule for permits applicable to the drilling, enlarging, step testing, and/or pump testing community wells.
C. 
The application for a permit shall be in writing by the applicant and shall set forth the following information:
(1) 
The exact location of the community well.
(2) 
The name, address and telephone number of the owner of the tract of land upon which the production well is situate or intended to be situate.
(3) 
The name, address and telephone number of the person conducting the activity.
(4) 
The precise date or dates upon which the activity is to occur.
(5) 
The proposed pumping rate, together with the calculation establishing the projected; water demand for the proposed well.
(6) 
A long-term safe yield calculation for the proposed well based on the underlying geologic formation(s).
(7) 
A satisfactory contingency plan pursuant to § 26-209 hereof to promptly supply water to anyone adversely affected in either quantity or quality by the pump test.
D. 
Drilling a production well, enlarging a production well, conducting a step test of a production well, and conducting a pump testing of a production well shall each be considered separate activities, and each shall require a separate permit. The permit shall be secured by the applicant a minimum of 72 hours prior to occurrence of the activity. Permits shall automatically expire and become null and void 15 days after issuance.
If for any reason whatsoever, the proposed activity is delayed so that the notice to the Township Secretary, the Township Engineer and residents within 1/2 mile of the production well sets forth incorrect information with regard to the date of the intended activity, in that event, the owner of the premises or the person conducting the activity shall issue new notices to the Township Secretary, the Township Engineer and residents within 1/2 mile of the production well.
The Township Engineer shall have the right, at the sole discretion of the Board of Supervisors of Upper Makefield Township, to be present at the site for any activities involving the drilling or enlarging of a production well, and the pump testing or step testing of a production well.
A. 
Any application for a permit for the drilling, enlarging, step testing, and/or pump testing of a production well shall be accompanied by a detailed hydrogeological report in order to obtain the adequacy of the supply of groundwater for the community well. The hydrogeological report shall include, but is not limited to, the following materials, information and data:
(1) 
A well survey of existing wells within a one-half-mile radius of the proposed production well. For each existing well surveyed, the following information shall be set forth:
(a) 
Well location.
(b) 
Well depth.
(c) 
Well casing depth.
(d) 
Static water level.
(e) 
Specific capacity of the well.
(f) 
Date of survey and method by which the data was obtained.
(2) 
The location of all existing on-lot sewage disposal or known sources of point pollution within 1/2 mile of the proposed production well.
(3) 
A proposed water budget for the drainage basin using the Walton method. The budget shall specify all necessary energy inputs and all calculations shall be supplied.
(4) 
A complete geologic map, including bed rock type, all known faults and lineations, i.e., fracture trace, said map covering an area of a one-half-mile radius of the proposed or existing well.
(5) 
The driller's log describing the nature and depth interval of subsurface materials, and potential water yielding zones and their static water levels as encountered during drilling.
B. 
If the aforelisted information has been supplied by the owner of the premises or his representative within one year previously, then the information supplied with an application for another permit, the applicant shall update the information previously supplied.
C. 
Upon completion of the well test, if the Township determines that the effects (i.e., the quality or water table fluctuation) of the proposed well extend beyond 1/2 mile of the proposed well, the applicant shall be required to rerun the well test and to supply the aforementioned data for an area of one mile from the proposed or existing well.
[Amended 4-21-1999 by Ord. No. 216]
Within 30 days after the activity governed by the permit has been completed, the owner of the premises or the person conducting the activities shall supply the following information to the Township Secretary and the Township Engineer:
A. 
The yield of the production well based on a long-term pumping test (48 hours or longer), if the permit given was for a pumping test. Actual length of the pumping test beyond 48 hours must be determined based on evaluation of the data collected while the well is pumping.
B. 
An analysis of the quality of the water obtained from the production well during the pump test (if the permit was for a pump test) in accordance with the requirements of the Safe Drinking Water Act.[1]
[1]
Editor's Note: See 35 P.S. § 721.1 et seq.
C. 
If the permit is for a pump test, computation of all well aquifer characteristics including, but not limited to, transmissibility and storage, and the area of the influence of the production well during the pump test. A minimum of five monitoring wells shall be evaluated. The monitor wells shall be chosen so that one well is as close as possible to the proposed or existing production well, two wells are approximately 1/4 mile from the existing or production well (each to be in opposite directions of the production well). Well drawn-down data shall be supplied for the production well and for each monitor well. If such wells are not available, then applicant must drill monitoring wells in the required location.
D. 
A detailed evaluation of the effect of groundwater withdrawal of surface water within one-half-mile radius of the production well.
E. 
A long-term safe yield calculation based on the pump test result.
The applicant shall be required to provide an adequate supply of potable water to any person adversely affected by any well test promptly upon being notified by the Township or the affected well owner. This duty shall continue until the affected well is capable of producing an adequate supply of potable water to the well owner.
[Amended 12-6-1995 by Ord. No. 186]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall constitute a separate offense.