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The Pennsylvania Department of Environmental Protection has determined that within a certain area designated as the Aquifer Non-Use Area (“ANUA”) the ground water may contain chemical constituents which preclude its safe use for domestic, potable or agricultural water supply. A portion of the ANUA is within the service area of the public water system of the City of Bethlehem. The Township wishes to establish restrictions and procedures to prevent the extraction of ground water and require the use of the public water system for domestic, potable and agricultural supply for all land located within the ANUA.
(Ord. 494, 6/3/2009, § 202)
ANUA—the area delineated by the ANUA boundary and identified as plats 1 through 17 as shown on the attached map titled “Location of Aquifer Non-Use Area, Hanover Township, Pennsylvania.”
AGRICULTURAL USE—any use for the irrigation of crops or use for animal consumption or incorporation and animal feed.
ANUA PROPERTY—that portion of any lot located within the ANUA.
BETHLEHEM WATER SYSTEM—public water system operated by the City of Bethlehem, Pennsylvania.
BULK SUPPLY—water supplied to a location by tank truck and stored on site in a single container of sufficient capacity to hold at least two weeks of anticipated water use. Bulk supply does not included bottled water for individual, water cooler or similar uses.
DOMESTIC USE—any normal household use including, but not limited to, drinking, bathing, cleaning, laundry, swimming pools, lawn and landscape watering and toilets.
PERSON—any individual, corporation, firm, partnership or any other entity or association.
POTABLE USE—any use for human or animal consumption including the incorpora tion in any food for human consumption or for cleaning of equipment used for the processing of food used for human or animal consumption.
(Ord. 494, 6/3/2009, § 203)
1. Except as otherwise provided in subsection (2), it shall be unlawful for the owner or tenant of any ANUA property to extract or permit the extraction of any ground water from within the boundaries of the ANUA or to drill, install, operate or maintain any well or other appliance for the extraction of ground water from within ANUA.
2. Any person may receive an exception to the restriction of subsection (1) upon the application to the Township with plans and descriptions which demonstrate to the satisfaction of the Township Building Inspector and Township Manager the following:
A. Any ground water extracted from within the ANUA will not be used for domestic, potable or agricultural use or supplies, except that on a nonresidential lot, a well not connected to any structure may be used for watering grass or similar groundcover (not crops or other agricultural use).
B. Any proposed use of the ground water extracted from the ANUA will not endanger the public health, safety and welfare.
(Ord. 494, 6/3/2009, § 204)
1. Except as provided in subsection (2), no building or structure may be erected on a lot located entirely within the ANUA unless it is connected to the Bethlehem Water System within 45 days after completion of construction.
2. Any person may receive an exception to the restriction of subsection (1) upon the application to the Township with plans and descriptions which demonstrate to the satisfaction of the Township Building Inspector and Township Manager.
A. That any use of the proposed building or structure to be erected within the ANUA has no reasonable need for water to be used for domestic, potable or agricultural uses.
B. That any water used for domestic or agricultural purposes is supplied by connection to a public water system, a well located entirely outside of the ANUA or bulk supply.
(Ord. 494, 6/3/2009, § 205)
Any exceptions permitted pursuant to §§ 26-304(2) or 26-305(2) may be withdrawn upon the determination by the Township that the property, building or use no longer satisfies the standards for the exception. Both in the case of the original application for exception and any appeal from a withdrawal of an exception by the Township, it shall be the burden of the applicant or appellant to prove satisfaction of the standards for the exception.
(Ord. 494, 6/3/2009, § 206)
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