(A) An applicant seeking approval of a well drilling permit for a Class II or Class III well shall be required to enter into a well depletion agreement with the township.
(B) The well depletion agreement provides recourse for the owners of existing wells in the vicinity of the development, if the new well(s) has an adverse impact on the quantity or quality of water withdrawn from their well.
(1) The well depletion agreement shall apply to all existing wells that are depleted or affected to such an extent that the well’s water supply is no longer adequate or acceptable for its owners’ needs. Unless it can be shown that such depletion and/or effects are not caused by the well(s) servicing the applicant’s property/development, then the applicant is responsible to restore an adequate and acceptable supply.
(a) An inadequate water supply occurs when a well no longer yields the amount of water required for that class of well under the provisions of this chapter.
(b) Possible negative effects to a well’s water supply include, but are not limited to, loss of potability, turbidity, repugnant odor and/or foul taste.
(2) Where the applicant’s well(s) have depleted and/or negatively affected a neighboring well, the applicant shall either deepen the depleted/affected well, drill a new well or connect the affected property to a public water supply. Determination of which corrective measure shall be taken will be at the sole discretion and direction of the township, and the measure taken must provide an adequate supply of potable water as defined by PaDEP to the effected property owner.
(3) The applicant shall bear the burden of proving that the applicant’s well(s) is (are) not responsible for the depletion of and/or negative effects to a neighboring well.
(4) Any expense associated with providing the effected property owner with a potable water supply shall be borne by the applicant and approved by the township.
(5) The well depletion agreement shall remain in full force and effect for ten years following the issuance of a use and occupancy permit for the last dwelling to be constructed as part of a residential development or ten years after peak usage is reached for a nonresidential development.
(6) In lieu of executing a well depletion agreement, the township may allow a contribution to the Well Depletion Fund. The fee is assessed on a per dwelling or EDU basis. The fee shall be established by a separate resolution of the Board of Supervisors. The Well Depletion Fund shall be used by the township to replace wells or extend public water to existing dwellings at the township’s sole discretion.
(Ord. 186, passed 1-9-2008) Penalty, see § 94.99