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WHEREAS, unless preventive measures are adopted to control the discharge and storage of toxic and regulated substances within the Community water supply wellhead protection areas, further spills and discharges of such materials will predictably occur and with greater frequency and degree of hazard by reason of increasing land development, population and vehicular traffic within the wellhead protection area; and

WHEREAS, unrestrained land development patterns can deplete the available groundwater supply through excess demand, threaten its quality through wastewater pollution, and inhibit the recharge capability of the area through exorbitant impervious areas and competing resource utilization,

NOW THEREFORE, be it enacted and ordained and it is hereby enacted and ordained by the Borough Council of Shrewsbury Borough as follows:

SECTION 1. PURPOSE AND INTENT: AUTHORITY

(a) The purpose of this Ordinance is to protect the public health, safety and welfare through the preservation of the groundwater resources of the Borough public water supplies and to ensure a future supply of safe and healthful drinking water for the residents of the Borough. The designation of the Wellhead Protection Overlay District, as provided herein, and the regulation of activities within such Wellhead Protection Overlay District will reduce the potential for ground and surface water contamination and overuse and thereby preserve irreplaceable groundwater resources. The delineation of the Wellhead Protection Overlay District and the development of the provisions of this Ordinance are based upon a professional study of land uses, hydrology, hydrogeolic and other elements of the area in which Borough water supplies are situated.

(b) This Ordinance is enacted pursuant to the authority contained in the Constitution of the Commonwealth of Pennsylvania and the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, which provisions authorize the Borough to enact ordinances regulating development and land uses to (i) ensure the public health and safety, (ii) provide a safe, reliable and adequate water supply, and (iii) preserve natural values and aquifers.

(c) It shall be the responsibility of any person owning real property and/or owning or operating a business within the Borough of Shrewsbury to make a determination of the applicability of the Wellhead Protection Overlay District as it pertains to the property and/or business under his/her ownership or operation, and his/her failure to do so shall not excuse any violations of said sections

(a) Zone 1 shall be that area marked on Exhibit “A” as Zone 1, which Zone 1 represents a protective zone immediately surrounding a community water supply well, which shall be a radial distance calculated on the basis of the specific characteristic of the respective well.

(b) Zone 2 shall be that area marked on Exhibit “A” as Zone 2, which Zone 2 represents an area determined to be the Zone of groundwater contribution to the well, and

(c) Zone 3 shall be that area marked on Exhibit “A” as Zone 3, which Zone 3 represents the area that directly contributes surface and groundwater to Zone 2.

Where the boundary of any Zone divides any property, the entire property shall be considered to lie within the Zone offering the highest degree of protection to groundwater resources. Should any person challenge the boundary of Zones 1, 2 or 3, it shall be the responsibility of that person to retain a Licensed Professional Geologist with competence in the field of hydrogeology to determine the precise boundary of the disputed area. The final boundary to be used will be determined by the Borough with assistance from the Borough Engineer and/or a Licensed Professional Geologist, as appropriate.

SECTION 3. REGULATED LAND USES

Within the Wellhead Protection Overlay District, land uses shall be regulated as follows:

(a) Superfund Amendments and Reauthorization Act (SARA) of 1986, Section 302 Extremely Hazardous Substances List (40 C.F.R. 300, App A and B);

(b) Comprehensive Environmental Response Compensation and Liability Act Superfund (CERCLA) of 1980, Hazardous Substance List (40 C.F.R. 302, Table 302.4);

(d) Resource Conservation and Recovery Act (RCRA) of 1976 and 1984 Amendments, Hazardous Wastes Lists (P and Y Categories) (40 C.F.R. Section 261.33 (e) and (f). Note: The lists referenced in Section B.1a, are summarized in the Title III List of Lists – Chemicals Subject to Reporting Under Title III of the Superfund Amendments and Reauthorization Action (SARA) of 1986, published July 1987, U.S. EPA

2) Nuclear or radioactive materials or wastes.

3) Wood-preserving operations using formulations of Chrome-Copper-Arsenate (CCC), pentachlorophenol (PENTA), and creosote and related chemicals;

4) Battery recycling and reprocessing;

5) Retail gas stations and truck stops;

6) Agricultural application of halogenated volatile liquid organic pesticides (e.g., ethylene dibromide (EDB) and dibromochloropropane (DBCP), related chemicals and their commercial formulations);

7) Processing, reprocessing and storage [and disposal] of PCB containing oils;

8) Manufacturing and production of paving, roofing, and other construction materials, using asphaltic- and petroleum-based coating and preserving materials; and

9) Primary and secondary metal industries that manufacture, produce, smelt or refine ferrous and non-ferrous metals.

10) Use List Not Exhaustive: The uses prohibited by this district represent the state of present knowledge and most common description of said uses. As other polluting uses are discovered, or other terms of description become necessary, it is the intention to add them to the list of uses prohibited by this district. To screen for such other uses or terms for uses, no use shall be permitted in this district without first submitting its building, site, and operational plans for Planning Commission review and Borough Council approval under Section 17.05 of this ordinance.

11) Changing Technology: The uses prohibited by this district are prohibited based upon the combined pollution experience of many individual uses, and the technology generally employed by that class of uses, which technology causes the uses as a class to be groundwater pollution risks. As the technology of identified use classes changes to non-risk materials or methods, upon petition from such a use, and after conferring with expert geological and other opinion, it is the intention to delete from the prohibited list, or allow conditionally, uses which demonstrate convincingly that they no longer pose a pollution hazard.

a) Facility Profile Sheet – Information to be submitted is as provided for on the Facility Profile Sheet, marked Exhibit “C” and incorporated herein by reference. The Facility Profile Sheet must be completed on the form provided by the Borough, and available at Borough Offices, within 90 days of the enactment of this ordinance, and thereafter within 60 days of the biannual ordinance anniversary date.

b) Copies of all federal, state and county operational approvals, certificates, permits and applications, on-going environmental reports and monitoring results, relating to environmental, pollution control, hazardous substance and drinking water laws and regulations pertaining to such lot or tract of land, as and when required to be submitted to federal, state and county governments authorities.

c) In the event that any contaminants and/or substances regulated under federal, state or county environmental, pollution control, hazardous substance and drinking water laws and regulations are released on or from any lot or tract of land within the Wellhead Protection Overlay District, copies of any and all notices, reports and documents which such owner filed, or caused to be filed, with any federal, state and/or county governmental authorities which provide notice of or relate to such release, as when such notices, reports and documents are required to be filed with such governmental authorities; and

d) Copies of all notices, orders, rules, decisions, recommendations, enforcement actions and similar documentation, as and when received by or on behalf of such record owner or the occupant of any such lot or tract of land from any federal, state or county governmental authority in connection with the enforcement of environmental, pollution control, hazardous substance and drinking water laws and regulations.

d) Following the date of enactment of this Ordinance, Regulated Land Uses which are new or which constitute material changes, alterations or expansions of nonconforming Regulated Land Uses will be prohibited in accordance with the terms of Exhibit “B” Section 3(C) annexed hereto thereby prohibiting such Regulated Land Uses, or permitting such Regulated Land Uses only upon the granting of a Special Exception. Any Regulated Land Use which is permitted to be conducted within the Wellhead Protection Overlay District as a result of the granting of a Special Exception in accordance with the terms of this Ordinance shall not be deemed to be a non-conforming use of land under the terms of this Ordinance, but shall without further action be considered a land use which is in conformity with the terms of this Ordinance.

(1)Such Regulated Land use is one which is specifically authorized as a Special Exception use in the Wellhead Protection Zone in question, as set forth in Exhibit “B” Section 3(C); and

(2)Such Regulated Land use will not, during construction or thereafter, cause the degradation of the groundwater quality upon or beneath the lot or tract of land in question, or upon or beneath adjacent lots or tracts of land, the degree and extent of which degradation is or would be violative of safe drinking water standards promulgated by federal, state or county governmental authorities; and

(3)Satisfactory evidence has been provided to the Borough’s Zoning Officer; or Zoning Hearing Board, as applicable, that the proposed Regulated Land Use is in compliance with all federal, state and county laws and regulations applicable to such Regulated Lane Use and the record owner or occupant has received all necessary approvals of federal, state and county governmental authorities for the conduct of such Regulated Land Use.

f) Application for a Special Exception shall be made to the Zoning Hearing Board of the Borough in writing on such form as may be prescribed by the Zoning Officer and approved by Resolution of the Borough Council and such application shall include, at a minimum, a detailed description of each of the activities to be conducted upon the lot or tract of land in question which constitute a Regulated Land Use, including a listing of all substances which are to be stored, handled, used or produced in connection with each Regulated Land Use being proposed and which substances are subject to regulation by federal, state and/or county governmental authorities.

g) The Zoning Hearing Board of the Borough shall issue a written determination approving or disapproving the application for a Special Exception, or conditioning the granting of the Special Exception upon adherence to any or all of the following requirements by the applicant for the Special Exception, where the Zoning Hearing Board has found that such adherence is reasonably necessary to fulfill the groundwater protection purposes of this Ordinance;

1. The installation of Borough-approved containment facilities and systems so as to prevent the contamination of groundwater by substances regulated by federal, state and/or county governmental authorities.

2. The preparation, filing (with the Zoning Officer) and periodic revision of an emergency plan addressing the means by which any potential contamination of groundwater will be controlled, collected and remediated, including emergency contacts and identification of potential contaminants;

3. Regular inspection and/or monitoring by the owner, occupant, the Zoning Officer and/or third parties, of the Regulated Land Use area;

4. Compliance by the applicant with the provisions of the Borough Subdivision and Land Development Ordinance then in effect pertaining to sanitary sewage disposal, water supply, storm water management and easements.

(h) A Facility Profile Summary is submitted to the Borough Biannually as described under Section 4(a)

(i) Other items that may be required to characterize environmental or physical conditions of the subject property.

(1) A recognized Licensed Professional Geologist employed by the developer with competence in the field shall review aerial photographs, soils, geologic and other available related data as the data relates to the subject property. The licensed Professional Geologist shall also conduct a site inspection of the property and submit a report of the site to the Borough.

(2) Based on the work required in Section 6(b)(1), the professional geologist shall prepare a map not less than scale, 1” = 100 ft. of the site showing all topographic, geologic and other pertinent physical features. The mapping shall indicate, but shall not be limited to, the following:

(A) Closed depressions

(B) Seasonal high water table indicators

(D) Surface drainage into ground

(E) Lineaments and faults

(F) Quarries and mines

(G) Oil, gas or water wells (active or abandoned)

(H) Geologic contacts

(I) Springs, seeps or wetland areas

(J) Distance and direction of nearest public or adjacent private water supply well

(3) Based on the work performed in Sections 6(b)(1) and 6(b)(2), Shrewsbury Borough shall determine what if any further testing should be done by the applicant to ensure compliance with this Ordinance. Testing methodology shall be reasonable under the circumstances, including (i) the scale of the proposed development, and (ii) the hazards revealed by examination of available data and the site inspection.

(4) The applicant shall cause the additional testing established in Section 6(b)(3) to be done. A study report shall be submitted and referred to the Borough Engineer. This study shall include a map of the area, all test results and a recommendation on the mitigation measures to be taken.

(5) The Borough Engineer shall report to the planning commission, with a copy to the landowner, his or her opinion as to the adequacy of the study and as to the capability of the site to support the proposed development in a manner in which the risks attendant to the development in areas are either eliminated or minimized. Recommendations for site development including building location may be included. Additional studies or testing as deemed necessary by the Borough Engineer in order to produce an adequate study given the scale of the proposed development and the hazards revealed may be required of the applicant.

(a) Transit: The transportation of any hazardous or governmentally regulated substance through the Wellhead Protection Overlay District shall be exempt from provisions of this Ordinance, provided that the transporting vehicle is in transit through the Wellhead Protection Overlay District and further provided that such transportation is conducted in compliance with all applicable federal and state laws and regulations;

(b) Residential: To the extent otherwise permitted or regulated by federal, state and/or county statutes and regulations, the owners and/or occupiers of lots and tracts of land which are primarily utilized for the purpose of single or multi-family residential dwellings are permitted to utilize and store fuels, hazardous chemicals, pesticides, fertilizers, inflammable liquids and gases, and toxic and regulated substances in such quantities and in such manner as is associated with normal and responsible household use, and such limited utilization shall not be deemed a Regulated Land Use for the purpose of this Ordinance. This exception does not apply to underground liquid fuel storage tanks.

For the purpose of preventing violations of this Ordinance and enforcing the provisions of this Ordinance, the Borough shall have available to it the same preventive and enforcement remedies, including the use of civil actions, as are set forth in the Zoning Ordinance of the Borough in effect from time to time. In addition, the Zoning Officer of the Borough is authorized to issue cease and desist orders whenever such Zoning Officer becomes aware of violations of this Ordinance. The Zoning Officer is authorized to issue Enforcement Notices with respect to violations of this Ordinance, such Enforcement Notices to be issued in accordance with the Enforcement Notice provisions of the Zoning Ordinance of the Borough in effect from time to time. Finally, Shrewsbury Borough may seek an injunction to prevent any action that it reasonably believes may constitute irreparable harm to the Shrewsbury Borough water sources, and such an injunction may be obtained without posting a bond therefore. When invoking the preventative or enforcement remedies to this Ordinance, Borough shall be entitled to recover all costs incurred, including, but not limited to, attorney’s fees, costs of suit and inspection or investigation fees.

SECTION 9. FEES

The Borough Council shall, from time to time, establish by resolution a schedule of fees, charges and expenses and collection procedures for Special Exceptions, costs of review and inspection, appeals and other matters pertaining to this Ordinance. The schedule of fees shall be available for inspection in the Municipal Office of the Borough. An application will not be considered to be complete until all applicable fees, charges and expenses have been paid in full.

SECTION 10. MISCELLANEOUS

(a) Conflicts: Whenever there is a difference between any of the minimum standards specified in this Ordinance and any standard included in any other ordinance, law or regulation of the Borough, the more stringent requirement shall apply. The provisions of this Ordinance shall be deemed to be supplementary and in addition to the provisions of the Zoning Ordinance and Subdivision and Land Development Ordinance of the Borough as each is in effect from time to time.

(b) Severability: The provisions of this Ordinance are severable, and should any article, section, subsection, paragraph, clause, phrase or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such judgment shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so declared to be invalid.

(d) Repealer: All prior Ordinances that are inconsistent herewith are hereby repealed to the extent of such inconsistency.

Disclaimer:
The information provided herein is for convenience and informational purposes only. Shrewsbury Borough
assumes no responsibility for errors and omissions nor any liability for damage resulting from the use
of information contained herein. Users are cautioned to consult the official records of the borough
for any changes, amendments or updates to any information provided herein.