In order to assure the availability of an adequate water supply
to support the intended land uses within the capacity of available
water resources and to protect the aquifer, no development or change
in use which estimates a significant increase in water use, regardless
of size, shall be approved which will:
A. Reduce the site's attributed stream base flow by more than 50%
of the Q750 using the following formula: Allowable withdrawal = Base Site Area X Q750 X 0.5
B. Reduce the water table or potentiometric surface in existing wells
on adjoining properties by more than three feet at any time (i.e.,
during the test, after recovery, etc.)
The applicant seeking approval of a permit for a well related to a major subdivision or large land development shall be responsible for any adverse effect caused by the applicant's well(s) to any residential domestic water supply well existing prior to the issuance of a well drilling permit; and shall establish financial security with the Township pursuant to §
228-6 of this chapter.
For a period of 60 months from the date any applicant's
major subdivision or land development final well(s) is/are put in
full production, the applicant shall be presumed to be responsible
for any adverse effect to any residential domestic water supply well
within 2,500 feet of the perimeter lot lines of the subdivision or
land development.
Any owner of a residential domestic water supply well who experiences
an adverse effect to their water supply due to the installation and/or
use of production wells related to a minor subdivision, major subdivision
or large land development shall have the right to request a hearing.
Any party desiring a hearing pursuant to §
228-8 of this chapter shall make demand therefore to the Township Administrator in writing and with proof of service thereof on either the applicant or upon the owner of the residential domestic water supply well which is alleged to have suffered an adverse effect, as the case may be. The Board of Supervisors shall then schedule a hearing not less than 15 days or more than 90 days after receipt of the demand for hearing. Notice of the hearing shall be given to the applicant and the owner of the residential domestic water supply well which is alleged to have suffered an adverse effect. 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. All testimony shall be stenographically recorded at the cost of the parties and a full and complete record shall be kept of the proceedings. The decision of the Board of Supervisors shall be in writing, shall contain findings and the reasons for the adjudication, and shall be served upon all parties or their counsel personally or by mail. Any party aggrieved by the decision of the Board of Supervisors may appeal there from in accordance with 2 Pa.C.S.A. § 751.
In the event that it is finally determined pursuant to the provisions
hereof that applicant is responsible for an adverse effect to a residential
domestic water supply well, then applicant shall alleviate the problem,
at no expense to the affected property owner(s), so as to furnish
reasonable quantity and quality of water. Applicant shall supply potable
water to the property owner until the corrective work is completed
and shall reimburse the property owner(s) for their cost of securing
potable water prior to applicant doing so. The applicant shall alleviate
the adversely affected water supply by deepening an existing well,
drilling a new well or connecting the affected property owner to the
public water supply (if available) so as to furnish reasonable quantity
and quality of water for domestic use. The connection of an affected
property owner to the public water supply shall be at the property
owner's election, except where the adverse effect is determined
to be the presence of hazardous materials that cannot be remedied
by deepening or replacing the well, in which case the applicant shall
connect the property owner's house to a public water supply (if
available). If not available, water quality degradation must be corrected
by the applicant by installation of appropriate treatment system to
bring the water quality into compliance with this chapter.
In the event applicant 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 applicant is responsible for an adverse effect to a residential domestic water supply well, Nockamixon Township may draw down the financial security posted pursuant to §
228-6 of this chapter and apply such security to take whatever action the Township deems necessary to cure the problem. In the event that the financial security is not sufficient to cure the problem, applicant shall be responsible for any additional expense including legal, engineering and administrative costs, which are incurred in curing the problem.
Sixty months after the date any applicant's final well(s)
in a major subdivision or large land development reaches full production,
the applicant, upon written request, shall have all financial security
posted with the Township pursuant to this chapter returned to the
applicant, except 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 hereof.