(A) Purposes. This section is intended to promote the public health, safety and general welfare and to minimize these losses by establishing provisions designed to:
(1) Protect the long-term integrity of the structures constructed in the township;
(2) Protect the water resources of the township;
(3) Prevent development or use of land in a manner tending to affect adversely the quality or quantity of water recharged to aquifers;
(4) Minimize adverse effects on the natural balance of soils, vegetation, natural drainage and subsurface features which contribute to beneficial filtering of contaminants and recharge of waters to aquifers;
(5) Regulate or prevent the erection of structures or location of uses in areas which may have a substantial adverse effect on water quality by virtue of the creation, handling or disposal of potentially harmful substances;
(6) Carry out § 603(b) of the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. § 10603(b), which allows zoning ordinances to permit, prohibit, regulate, restrict and determine uses of land, watercourses and other bodies of water, and protection and preservation of natural resources;
(7) Carry out § 603(d) of the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10603(d), which allows zoning provisions which regulate the siting, density and design of residential, commercial, industrial and other developments in order to assure the availability of reliable, safe and adequate water supplies to support the intended land uses within the capacity of available water resources;
(8) Recognize that the township is a unique hydrological entity in that a significant portion of township residents rely on the ground water supply as their sole source of potable water;
(9) Recognize that aquifers used for the water supply are mainly ground water or semi-confined aquifers which are recharged or replenished primarily from rainfall;
(10) Recognize that continued development in recharge areas which contain favorable soil, vegetative and hydrogeologic conditions which serve to replenish water table aquifers will decrease the recharge capacity because fewer natural areas will be available to absorb rainfall and will increase the volume and speed of surface water runoff, which in turn will increase the amount of water lost to streams and to evapo-transpiration;
(11) Recognize that the natural vegetation and soil associations within the high water table areas provide superior filtration of waters recharging the water table aquifers, therefore reducing the amounts of natural and human-made contaminants reaching the ground water supply; and
(12) Recognize that while certain types of development will have no adverse effects on the beneficial aspects of high water table areas, or may actually enhance positive qualities, uncontrolled development will cause substantial destruction of the potential abilities of this area to sustain adequate and quality water supplies for the current and future residents of the township.
(B) Any proposed use which may directly (by means of effluent discharge into the ground) or indirectly (through the leaching of stored materials) result in the pollution of the ground water shall be prohibited from developing in any area which has a year round or seasonal high water table at a depth of less than 20 inches below the surface.
(C) (1) This division (C) shall only apply to a lot that is submitted for its initial subdivision or land development approval after the effective date of this section. For the purpose of calculating any minimum lot area, any lot developed in a site that contains soils having a water table less than 20 inches below the surface, as indicated by seasonal or actual water level observation shall have a minimum contiguous lot area of at least that required by the district, exclusive of that area located within the high water table area. No occupied structures (for example, a home basement, garage, shed, pool) shall be placed within the delineated high water table area of 20 inches or less.
(2) The lowest enclosed floor of a new occupied structure, including any basement, shall be built a minimum of six inches above the seasonal high water table elevation. Any occupied structure shall be constructed to limit the need for ground water pumping.
(D) At time of building, high water table testing within the building envelope shall be required to be submitted with the building permit application. Water table elevation must be determined in accordance with the herein contained criteria in order to establish the lowest floor’s elevation.
(E) Investigations.
(1) The determination of a water table evaluation shall be made by a qualified soil scientist who is recognized as either:
(a) An ARCPACS certified professional soil scientist (CPSS) or certified professional soil classifier (CPSC); or
(b) A professional member of the Pennsylvania Association of Professional Soil Scientists (PAPSS).
(2) The township may require that an on-site investigation or evaluation be conducted for the purpose of determining the presence of, location and extent of a high water table if any of the following conditions exist:
(a) There is evidence of surface water that persists for more than a two-week period;
(b) “Waters of the United States” or “waters of the commonwealth” are present on the property; or
(c) There are other visual indicators of the presence of a high water table.
(3) The methodology of testing shall be in general conformance with the United States Department of Agriculture Natural Resources Conservation Service publication titled Field Indicators of Hydric Soils in the United States, Version 6.0, 2006, or as may be subsequently revised. Test excavations shall be observed by a representative from the township, with limiting zone elevations measured by field survey tied to a site benchmark.
(Ord. 126, passed 3-18-2010)