W. Penn water ordinance sent to lawyer for review
A draft of West Penn Township’s water extraction section of the zoning ordinance is being sent to attorney Jordan Yeager’s firm to review.
The firm will review the zoning ordinance, and send it back to the township with any comments.
Another public hearing, possibly two, will eventually be held to comment on the entire zoning ordinance.
Ted Rosen, chairman of the West Penn Township Water Resource & Planning Steering Committee, along with resident Karen Moyer, both commented briefly on the zoning ordinance.
Last week, a draft of the water extraction section of the zoning ordinance was unveiled at the township’s planning commission meeting.
Several residents commented on the zoning ordinance at that time, and were told their comments would be taken under consideration.
Township solicitor Paul J. Datte said that groundwater or spring water withdrawal of more than 10,000 gallons per day will be added as a use permitted by special exception in all zoning districts.
In addition, he said that groundwater or spring water withdrawal of more than 10,000 gallons per day for off-site use will be limited to a use permitted by special exception in the Extractive Industrial District.
The West Penn Township groundwater or spring water withdrawal zoning provisions include two sections, 31 A and B.
Section A:
• Covers groundwater or spring water withdrawal of more than 10,000 gallons per day, regulating removal of an average over any 30-day period or more than 10,000 gallons per day.
• The application would be approved if it will not affect wells of neighboring properties, nor aquatic habitats of surface waters, nor agricultural yields. Drought conditions need to be included. A report should include: testing rate, testing duration, source water level monitoring, regional water level monitoring, notifications/contingencies, withdrawal rate limitations, and the hydrogeologic report.
• The applicant should assure water withdrawal will not impact the water quantity and quality of neighboring consumers and surface water bodies. Monitoring is required.
• If withdrawal causes a significant decline in the quantity and/or quality of neighboring water supplies, the applicant will correct the problem. The applicant should have an escrow fund to address problems.
• Minimum lot area is 100 acres or 5 acres for each 10,000 gallons per day of water withdrawal.
Section B:
• Groundwater and spring water withdrawal involving removal of an average over any 30-day period or more than 10,000 gallons per day should not apply to water used by a principal agricultural use or golf course within the township or on-site consumption. If the water is utilized for uses on adjacent lots or as part of a public water supply system, it is not to be considered off-site use.
• If the water will be trucked off-site, the area used for loading or unloading of trucks is to be located immediately adjacent to a state roadway with a minimum 500-foot setback from any adjacent lot occupied by a dwelling.
• Any water treatment facilities or storage of chemicals should have a minimum 500-foot setback from any adjacent lot occupied by a dwelling.
• Bottling or processing operations are to be considered a distinct use in an area of allowed use for “food or beverage manufacturing.”
• The application for special exception should include a drawing to-scale showing the boundaries, proposed location of the water withdrawal facilities, location of any roads within or abutting the lease or property, location of occupied structures on the property and adjacent properties, and septic systems and wells within 500 feet of the subject property boundary.
• The application for special exception should include a map identifying the roadways utilized by any trucks, tankers, or similar vehicles to haul or ship the water. Any areas used for loading and unloading or water tanker trucks should be set back a minimum of 500 feet from any adjacent residential lot.
• A landscape buffer and adequate screening around any truck loading site is required.
