§ 285-44Erosion control.
§ 285-45Nuisances and hazards to public
§ 285-47FP Floodplain District (flood-prone
§ 285-49Odors and dust.
§ 285-50Control of light and glare.
The landowner, person and/or entity performing any earth disturbance shall utilize sufficient measures to prevent soil erosion and sedimentation of creeks.
The disturbed land area and the duration of exposure shall be kept to a practical minimum.
Except for agricultural activities, any earth disturbance over 5,000 square feet of land area shall require the submission of an adequate erosion and sedimentation control plan to the County Conservation District.
See state erosion control regulations (Note: as of 2006, in 25 Pa. Code Chapter 102).
No landowner, tenant nor lessee shall use or allow to be used any land or structures in a way that results or threatens to result in any of the following conditions:
Transmission of communicable disease, including conditions that may encourage the breeding of insects or rodents.
A physical hazard to the public, or a physical hazard that could be an attractive nuisance that would be accessible by children.
Pollution to groundwaters or surface waters, other than as authorized by a state or federal permit.
Risks to public health and safety, such as but not limited to explosion, fire or biological hazards.
Interference with the reasonable use and enjoyment of property by a neighboring landowner of ordinary sensitivities.
Additional information. If the Zoning Officer has reason to believe that the proposed use may have difficulty complying with the standards of this article, then the Zoning Officer may require an applicant to provide written descriptions of proposed machinery, hazardous substances, operations and safeguards.
See § 285-28.
Purposes. The Floodplain District includes the areas of West Lampeter Township which are subject to periodic inundation by floodwaters. This inundation results in loss of life and property; health and safety hazards; disruption of commerce and governmental services; extraordinary public expenditures for flood protection and relief; impairment of tax base; and other adverse effects on the public health, safety, and general welfare. In the interest of public health, safety and welfare, the regulations of the Floodplain District are designed and intended to protect floodplain areas subject to and necessary for floodwaters; to permit and encourage the retention of open land uses so located and utilized as to constitute a harmonious and appropriate part of the physical development of West Lampeter Township; and to guide incompatible development into more appropriate zoning districts. In addition to serving the purposes listed in Article I, this section is intended:
To combine with present regulations and establish certain restrictions necessary for the control of floodplains for the general health, safety and welfare of the community.
To prevent the erection of structures in areas unfit for human usage by reason of danger from flooding.
To minimize danger to public health by protecting water quality and promoting safe and sanitary drainage.
To control development which, acting alone or in combination with similar development, will create and impose additional unjustified burdens on the community, its governmental units, and its individuals for the costs of flood control works, rescue, relief, emergency preparedness measures, sandbagging, pumping, and temporary dikes or levees, as well as business interruptions, factory closings, disruptions of transportation routes, and interference with utility services, as well as other factors that result in loss of wages, sales, and production and generally adversely affect the economic well-being of the community.
To maintain a stable tax base through the preservation or enhancement of property values adjacent to the floodplain, as well as by preventing the creation of future flood-blighted areas on floodplains.
To permit certain uses which can appropriately be located in the floodplain as herein defined without impeding the flow of floodwaters or otherwise causing danger or damage to life or property at, above, or below their locations in the floodplain.
To permit certain uses in the floodplain in ways that preserve natural conditions conducive to the maintenance of ecological balance, wildlife and productive wildlife habitat, marine life and productive marine habitat, other healthy biotic systems, scenic and natural values, constant rates of water flow throughout the year, and areas for groundwater absorption for sustaining the subsurface water supply.
To provide sufficient unimpeded drainage courses and prohibit the restriction of their carrying capacities so as to safely carry abnormal flows of stormwater from periods of heavy precipitation.
To encourage the utilization of appropriate construction practices which will minimize flood damage in the future.
To prevent the placement of materials which might be swept by floods onto other lands or downstream to the injury of others.
To provide for public awareness of flooding potential and to discourage and protect unwary individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
To regulate uses, activities, development, and structures which, acting alone or in combination with existing or future uses, activities, development or structures, will cause increases in flood heights, velocities, and frequencies.
To provide areas for the deposition of sediment.
To protect people and property in other municipalities within the same watershed from the impact of improper development in floodplains and the consequent increased potential for flooding.
Definitions. For the purposes of this § 285-47, the following terms shall have the following meanings:
- ALLUVIAL SOIL
- Soil formed from the deposit of sediment in flowing water.
- Any area of the building having its floor below ground level on all sides.
- A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
- A natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water.
- CHANNEL FLOW
- That water which is flowing within the limits of a defined channel.
- COMPLETELY DRY SPACE
- A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
- CONSERVATION PLAN
- A plan including a map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land.
- Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
- A private drive providing access between a public or private street or access drive and a permitted use or structure.
- ESSENTIALLY DRY SPACE
- A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
- Material placed or deposited so as to form an embankment or raise the surface elevation of the land, including but not limited to levees, bulkheads, dikes, jetties, embankments and causeways.
- FIVE-HUNDRED-YEAR FLOOD
- A flood which is likely to be equaled or exceeded once every 500 years (i.e., that has a 1/5 of one-percent chance of being equaled or exceeded in any given year).
- FIVE-HUNDRED-YEAR FLOOD BOUNDARY
- The outer boundary of an area of land that is likely to be flooded once every 500 years (i.e., that has a 1/5 of one-percent chance of being flooded each year). A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the U.S. Natural Resources Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, or a licensed professional engineer registered by the Commonwealth of Pennsylvania is necessary to define this boundary.
- FIVE-HUNDRED-YEAR FLOOD ELEVATION
- The water surface elevations of the five-hundred-year flood.
- A temporary inundation of normally dry land areas.
- FLOOD, FLOODED or FLOODING
- A partial or complete inundation of normally dry land areas from the overflow of a watercourse or other body of surface water or from the unusual and rapid accumulation or runoff of surface waters from any source.
- FLOOD OF RECORD
- The flood which has reached the highest flood elevation above mean sea level at a particular location.
- FLOODPLAIN or FLOODPLAIN AREA
- A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse, and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
- FLOODPROOF, FLOODPROOFED or FLOODPROOFING
- Any combination of structural and/or nonstructural provisions, additions, changes or adjustments to structures or contents which are designed or adapted primarily to reduce or eliminate flood damage to those structures or contents.
- The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
- HAZARDOUS MATERIAL
- Materials which have the potential to damage health or impair safety. Hazardous materials include, but are not limited to, inorganic mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and cresols, and their salts; petroleum products; and radioactive material. Also included are flotable materials with the potential to cause physical damage, such as logs, storage tanks, and large containers.
- HISTORIC STRUCTURE
- Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
- IDENTIFIED FLOODPLAIN AREA
- The floodplain area specifically identified in this chapter as being inundated by the one-hundred-year flood.
- LOWEST FLOOR
- The lowest floor of the lowest, fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designated and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
- MANUFACTURED HOME
- A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
- MANUFACTURED HOME PARK
- A parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
- MAXIMUM FLOOD ELEVATION
- The water surface elevations of a flood which would completely fill the floodplain to the boundaries of the Floodplain District.
- MEAN SEA LEVEL
- The average height of the sea for all stages of the tide, using the National Geodetic Vertical Datum of 1929.
- MINOR REPAIR
- The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
- MOBILE HOME
- A manufactured home.
- MOBILE OR MANUFACTURED HOME
- A transportable, single-family dwelling intended for permanent occupancy, office, or place of assembly contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. For the purposes of this article, any travel trailer contained on the same parcel for more than 180 days in any calendar year shall be considered a mobile home.
- NEW CONSTRUCTION
- Structures for which the start of construction commenced on or after April 17, 1978, and includes any subsequent improvements thereto.
- Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or other matter in, along, across or projecting into any channel, watercourse or floodplain, which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to cause damage to life or property.
- ONE-HUNDRED-YEAR FLOOD
- A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
- ONE-HUNDRED-YEAR FLOOD BOUNDARY
- The outer boundary of an area of land that is likely to be flooded once every 100 years (i.e., that has a one-percent chance of being flooded each year). A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Soil Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, or a licensed professional engineer registered by the Commonwealth of Pennsylvania is necessary to define this boundary.
- ONE-HUNDRED-YEAR FLOOD ELEVATION
- The water surface elevations of the one-hundred-year flood.
- Any substance or mixture of substances intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds or other forms of plant or animal life.
- PETROLEUM PRODUCT
- Oil or petroleum of any kind and in any form, including crude oil and derivatives of crude oil. It may be alone, as a sludge, as oil refuse, or mixed with other wastes.
- RADIOACTIVE MATERIAL
- Any natural or artificially produced substance which emits radiation spontaneously.
- RECREATIONAL VEHICLE
- A vehicle which is: built on a single chassis; not more than 400 square feet measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and not designed for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel or seasonal use.
- REGULATORY FLOOD ELEVATION
- The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
- REPETITIVE LOSS
- Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on an average, equals or exceeds 25% of the market value of the structure before the damages occurred.
- SOIL SURVEY
- The latest published version of the United States Department of Agriculture's Soil Survey for Lancaster County, Pennsylvania.
- SOIL WASTE
- Garbage, sludge, refuse, trash, rubbish, debris and other discarded materials, including but not limited to solid and liquid waste materials resulting from industrial, commercial, agricultural, residential and community activities.
- SPECIAL PERMIT
- A special approval which is required for hospitals, nursing homes, jails and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all or a designated portion of a floodplain.
- Anything constructed or erected on the ground or attached to the ground, including but not limited to buildings, sheds, manufactured homes and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to land.
- SUBSTANTIAL DAMAGE
- Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
- SUBSTANTIAL IMPROVEMENT
- Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage or repetitive loss, regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
- UNIFORM CONSTRUCTION CODE (UCC)
- The construction code in effect in West Lampeter Township. Applicable to residential and commercial buildings, the UCC adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard to floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and IBC.
- A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or man-made.
- All the land from which water drains into a particular watercourse.
Relationship to other articles.
The provisions of this article create an overlay zoning district which is applicable within floodplains in all other zoning districts established by this Zoning Ordinance. To the extent the provisions of this article are applicable and more restrictive, they shall supersede conflicting provisions within all other articles of this chapter and all other ordinances of the Township. However, all other provisions of all other articles of this Zoning Ordinance and all other ordinances of the Township shall remain in full force.
Lands in District defined.
The FP Floodplain District is hereby defined to include all of the following lands within West Lampeter Township:
All those areas identified as being subject to the one-hundred-year flood in the Flood Insurance Study (FIS) dated April 19, 2005, and the accompanying maps prepared for Lancaster County by the Federal Emergency Management Agency, or the most recent version thereof.
All those areas identified by the Federal Insurance Administration as floodplain areas having special flood hazards.
All land within the one-hundred-year flood boundaries of all watercourses, including but not limited to all land which is identified by the United States Geological Survey or the United States Army Corps of Engineers.
Along a waterway segment that was not included in the federal floodplain mapping, the one-hundred-year floodplain shall include all land delineated by, but not limited to, the soil survey as possessing alluvial or floodplain soils. The following soils (listed by map symbol and mapping unit name) are the soils indicated as alluvial by the United States Department of Agriculture in maps and data comprising the Soil Survey, Lancaster County, Pennsylvania, issued 1985, unless more complete information is released by such agency.
|Bo||Bowmansville silt loam|
|Cm||Comus silt loam|
|Hg||Holly silt loam|
|Lg||Linden silt loam|
|Ln||Lindside silt loam|
|Nc||Newark silt loam|
|Nd||Newark silt loam|
|Ne||Nolin silt loam|
|Rd||Rowland silt loam|
All land which has been flooded by floods of record.
Where the complete and definitive information necessary to delineate the boundary of the Floodplain District is not available to the Zoning Officer in his consideration of an application for a permit, he shall require such on-site studies and/or surveys to be made as are necessary to fix the precise boundaries of the Floodplain District as defined in Subsection B of this article. Such studies and surveys shall be certified by a licensed professional engineer registered by the state. Copies of such studies and surveys shall be submitted by the Zoning Officer to the Township Engineer, who shall have 30 days to comment. Any property owner whose property is so studied and/or surveyed to justify an application for a permit shall pay all costs of these studies and surveys, except for work done under retainer to, or on behalf of, West Lampeter Township.
The floodplain shall consist of subdistricts as follows:
FW (floodway area). The areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
FF (flood-fringe area). The remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the FIS where a floodway has been delineated. The basis for the outermost boundary of this area shall be the one-hundred-year flood elevations as shown in the flood profiles contained in the FIS.
FE (special floodplain area). The areas identified as Zone AE in the FIS where one-hundred-year flood elevations have been provided, but no floodway has been delineated.
FA (general floodplain area). The areas identified as Zone A in the FIS for which no one-hundred-year flood elevations have been provided. When available, information from other federal, state and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
Should a dispute concerning any boundary of the Floodplain District arise, the initial determination of the Zoning Officer may be appealed to the Zoning Hearing Board. The burden of proof in such an appeal shall be on the property owner. The Zoning Hearing Board shall conduct a hearing and render its decision in accordance with the procedures listed in § 285-3 of this chapter.
Permitted by right uses.
The following uses and no others are permitted by right in the Floodplain District, and they are permitted only if done under and in accordance with the provisions of the State Clean Streams Law, as amended; rules and regulations of DEP; Subsections G and Q of this article; and all other applicable provisions of this Zoning Ordinance:
Agriculture, horticulture and forestry, all excluding any structures, and excluding any grading or filling which would cause any increase in flood heights or frequency.
Erosion and sedimentation control measures, facilities and structures, provided no increase in flood heights or frequency, unhealthful ponding or other unsanitary conditions shall occur.
Public and private recreational uses such as parks, swimming areas (excluding swimming pools), play areas, day camps, campgrounds (excluding camp sites), picnic groves, lawns, gardens, golf courses, driving ranges, archery ranges, game farms, areas or clubs for hunting, fishing, and/or boating (including marker or anchor buoys), paved bicycle paths, and hiking and horseback riding trails, all excluding any structures, and excluding any grading or filling which would cause any increase in flood heights or frequency.
Harvesting of any wild crop, such as marsh hay, ferns, moss, berries, tree fruits and seeds, or wild rice, excluding any plants appearing on the latest edition of the U.S. List of Endangered and Threatened Plant Species maintained by the U.S. Fish and Wildlife Service.
Activities related to the preservation of natural amenities, including wildlife sanctuaries, nature preserves, woodland preserves, botanical gardens, or arboreta, excluding any structures and excluding any grading or filling which would cause any increase in flood heights or frequency.
Stream improvements whose sole purpose is to improve aquatic life habitat, and which are approved by the Fish and Boat Commission and reviewed by the County Conservation District, and subject to the provisions of Subsection Q of this article.
One- or two- or multiple-strand fences, so long as all strands run in a horizontal direction.
Picnic tables, park benches, fireplaces and grills, and playground equipment, all if anchored to prevent flotation.
Blinds for the shooting or observation of wildlife, provided that such blinds may only be placed, erected and maintained during the open season established by the Game Commission for the taking of migratory waterfowl and the three weeks immediately preceding and three weeks immediately following that open season. Blinds must be removed during all other times of the year.
Circuses, carnivals and similar transient enterprises, provided that natural vegetative ground cover is not destroyed, removed or covered in such a way as to create erosion or sedimentation.
Farm ponds which are constructed in accordance with a conservation plan reviewed by the County Conservation District and which do not create any increase in flood heights or frequency, and subject to the provisions of Subsection Q of this article.
Floodproofing and flood hazard reduction structures to protect only lawfully existing and registered nonconforming structures and lawfully existing and registered nonconforming uses within structures.
Public utility facilities (except buildings) under the exclusive jurisdiction of the State Public Utility Commission and specifically exempted from control by municipal zoning ordinances, subject to the provisions of Subsection Q of this article.
Culverts, bridges, stormwater facilities, pump stations and street and driveway crossings that have been reviewed and approved by the Township Engineer.
Utility lines, poles and manholes and water monitoring devices.
The following uses are prohibited in the Floodplain District:
All uses prohibited either expressly or implicitly in the underlying zoning district for the land in question.
Sanitary landfills, dumps, junk and salvage yards, and outdoor storage of vehicles and/or materials.
Placing, depositing or dumping any spoil, fill or solid waste, except such grading or filling necessary to accomplish and carry out those uses permitted in Subsections F and H of this article; provided, however, that no grading or filling is permitted which would cause any increase in flood heights or frequency.
Removal of topsoil, excluding sod production and nursery activities as allowed in Subsections F and H of this article and excluding such grading or filling necessary to accomplish and carry out those uses which are permitted in Subsections F and H of this article; provided, however, that no grading or filling is permitted which would cause any increase in flood heights or frequency.
Any parts of any on-site sewage disposal systems.
Fences, except horizontal strand fences.
Stockpiling, storage or disposal of buoyant materials, logging slash, herbicides, pesticides, domestic or industrial waste, radioactive materials, petroleum or other flammable materials, explosives, poisonous materials, hazardous materials, or other materials which, if flooded, would pollute the watercourse or be injurious to human, animal or plant life.
Cemeteries for humans or animals.
Zoo, menagerie, wild animal farm or domestic or farm animal enclosures which will not allow all animals to escape floodwaters of maximum flood elevation without human intervention while remaining safely confined.
The floodproofing of new residential structures.
Any development, structure or use which may, whether alone or in combination with others, and except where specifically authorized elsewhere in this article:
Endanger human life.
Obstruct, impede, retard, change or increase the velocity, direction or flow of floodwaters.
Increase the surface elevation of floods or the frequency of floods.
Catch or collect debris carried by floodwaters.
Be placed where the natural flow of the stream or floodwaters would carry it downstream to the damage or detriment of property within or adjacent to the Floodplain District.
Degrade the water-carrying capacity of any watercourse, channel or floodplain.
Increase the rate of local runoff, erosion or sedimentation.
Degrade the quality of surface water or the quality or quantity of groundwater.
Be susceptible to flotation and subsequent movement which would cause damage to other property.
Create unhealthful ponding or other unsanitary conditions.
Any new structure or building, or any expansion or addition to an existing structure or building that will be used for the production or storage of any of the following dangerous materials or substances, or that will be used for any activity requiring the maintenance of a supply of any of the following substances in quantities exceeding 550 gallons:
Nitric acid and oxides or nitrogen.
Petroleum products (gasoline, fuel oil, etc.).
Sulfur and sulfur products.
Pesticides (including insecticides, fungicides and rodenticides).
Radioactive substances, insofar as such substances are not otherwise regulated.
Fully and partially enclosed space below the lowest floor (including basement).
Special exception uses.
If the following uses are listed as allowed permitted by right or special exception uses in the applicable underlying zoning district, then special exception approval shall also be required to determine compliance with § 285-47.
Parking lots, loading areas and driveways, if they are consistent with the provisions of Subsection G, except that parking lots designed or used for storage and parking lots for hotels, motels and other transient lodgings are prohibited.
Water-oriented uses such as docks, piers, wharves and boat-launching ramps.
Fish hatcheries, including uncovered ponds and raceways, which are approved by the Pennsylvania Fish Commission, but excluding other structures.
Other uses similar to the above, provided the use will not reduce the cross-sectional area of the floodplain.
Standards and criteria for special exceptions.
Where special exception approval is required for a use within the Floodplain District, the Zoning Hearing Board shall also determine that the following standards and criteria have been complied with:
That danger to life and property due to increased flood heights, velocities or frequencies caused by encroachments is minimized.
That the danger that floodwaters or materials may be swept onto other lands or downstream to cause injury to others is minimized.
That a possibility of disease, contamination and unsanitary conditions is minimized and especially that any proposed water supply or sanitation systems are able to prevent these problems.
That the susceptibility of the proposed facility and its contents to flood damage; the effect of such damage on the individual owners; and the need for and effect of floodproofing are minimized.
That the proposed facility and its services are important to the community.
That the proposed facility needs a waterfront or floodplain location.
That there are no available alternate locations not subject to flooding for the proposed use.
That the proposed use is compatible with existing and anticipated development.
That the proposed use is consistent with any floodplain management program for the area.
That the safety of access to the property in times of flooding for ordinary and emergency vehicles is assured.
That the expected area, height, depth, velocity, pressure, frequency, duration, rate of rise, seasonality and sediment, debris, and pollutant load of floodwaters expected at the site is not inconsistent with the proposed use.
That the proposed activity will not unduly alter natural water flow or water temperature.
That archeological or historic sites and structures, endangered or threatened species of animals or plants, high quality wildlife habitats, scarce vegetation types, and other irreplaceable land uses will not be degraded or destroyed.
That the natural, scenic and aesthetic values at the proposed site will be conserved.
That the danger, damage and injury to all adjoining properties on both sides of any watercourse, regardless of municipality, is minimized. In this regard, any proposal affecting an adjacent municipality shall be submitted to that municipality's planning commission and governing body for review and comment.
That the granting of the special exception will not result in any of the following:
With any FW (floodway area), the following provisions apply:
Within any FE (special floodplain area), no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point.
In hearing and deciding upon special exceptions to be granted or denied under the provisions of this article, the burden of proof shall be on the applicant. The Zoning Hearing Board may require the applicant to submit such plans, specifications and other information as it may deem necessary to assist it in arriving at a fair and impartial determination. Such required information may include, but is not limited to, the following:
Plans drawn to scale showing the nature, location, dimensions and elevations of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the channel.
A typical valley cross section showing the channel of the watercourse, elevations of land area adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development and high water information.
A plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply facilities and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information.
A profile showing the slope of the bottom of the channel or flow line of the watercourse.
Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of material, water supply facilities and sanitary facilities.
Referrals. In hearing and deciding upon special exceptions to be granted or denied under the provisions of this article, the Zoning Hearing Board shall solicit the comments and recommendations of the Township Planning Commission and any other experts or authorities it may deem necessary to assist it in arriving at a fair and impartial determination.
Conditions of approval. In granting any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Zoning Ordinance, as it may deem necessary to implement the purposes of this Zoning chapter.
Fees for special exceptions. Any fees assessed an applicant for a special exception, whether for a hearing, a flood study or any other purpose, shall not exceed those costs directly associated with the particular application.
Variances from the provisions of this article are discouraged. Where, however, a variance is essential, the following requirements of the National Flood Insurance Program must be complied with in addition to all other variance provisions of this Zoning chapter and the Pennsylvania Municipalities Planning Code, as amended. In all variance proceedings the burden of proof shall be on the applicant.
No variance shall be granted for any development, structure, use or activity within the Floodplain District which would cause any increase in flood levels during the one-hundred-year flood as defined by Subsection B of this article.
No variance shall be granted for any of those prohibited uses listed in Subsection G of this article.
Variances shall only be granted upon:
A showing of good and sufficient cause.
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with any other applicable laws, ordinances or regulations.
A determination that the granting of a variance will not jeopardize West Lampeter Township's participation in the National Flood Insurance Program.
Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
A complete record of all variance requests and actions, including justifications for granted variances, shall be maintained by the Board.
Nonconforming uses and structures in the Floodplain District.
Continuation. All uses or structures lawfully existing in the Floodplain District as of October 23, 1980, which are not in conformity with the provisions of this article, shall be deemed nonconforming uses or structures. Such nonconforming uses or structures may be continued, maintained, repaired and floodproofed, except as otherwise provided for in this article. However, such nonconforming uses or structures may at any time be improved to comply with existing Pennsylvania or Township health, sanitary or safety code specifications which are necessary solely to assure safe living conditions.
Abandonment. Nonconforming uses or structures which have been discontinued or vacated for 12 consecutive months shall be considered abandoned. Vacation of land or structures, or the nonoperative status of the use normally carried on by the property, shall be evidence of discontinuance. No abandoned use or structure may be reestablished, repaired or reoccupied. The Board of Supervisors may require the removal of any abandoned nonconforming use or structure upon proper notice to the owner of the property on which an abandoned nonconforming use or structure exists. If the owner has not completely removed the abandoned use or structure within a reasonable amount of time, not to exceed nine months, the Board of Supervisors shall have the authority to itself cause the removal to be accomplished, the costs of such removal to be paid by the property owner.
Expansion and modification. A nonconforming use or structure may not be expanded or modified in any manner which would increase or aggravate flooding or flood hazards. Nothing shall be done which would otherwise violate any of the provisions of this article. No nonconforming use or structure shall be expanded, enlarged or altered in any way which increases its nonconformity with respect to height, area, yard and other requirements established in other articles of this chapter, nor in any way which causes it to occupy more space within the Floodplain District than was occupied by it on the effective date of this article.
Replacement and rebuilding.
A nonconforming use or structure may be replaced, repaired or rebuilt if it is damaged or destroyed by any means, including floods, to the extent of less than 50% of its fair market value at the time of its damage or destruction. In such a case, however, the nonconformity of the new use or structure with respect to requirements as expressed in provisions of this Zoning Ordinance shall not exceed that of the original use or structure which was damaged or destroyed. Nothing shall be done which would otherwise violate any of the provisions of this article.
A nonconforming use or structure which has been damaged or destroyed by any means, including floods, to the extent of 50% or more of its fair market value at the time of its damage or destruction may not be replaced, restored, repaired, reconstructed, improved or rebuilt in any way other than in complete conformity and full compliance with this chapter and all other ordinances of the Township.
The Zoning Hearing Board may waive, as a special exception, the requirements of this paragraph where it is shown that such requirements could not be met on land owned by the appellant or where such requirements would impose undue hardship to the appellant in the efficient operation of the premises. In such a case, the Zoning Hearing Board shall be authorized to grant only the minimum relief necessary and the least modification possible of the purposes and intents of this article.
The Zoning Officer shall have the initial responsibility of determining the percent of damage or destruction and the fair market value of the damaged or destroyed use or structure at the time of its damage or destruction and may call on any experts or authorities he may deem necessary to assist him in arriving at a fair and impartial determination. Appeals of the decision of the Zoning Officer may be made to the Zoning Hearing Board.
No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the one-hundred-year flood. No expansion or enlargement of an existing structure shall be allowed within any FE area that would, together with all other existing and anticipated development, increase the one-hundred-year flood elevation more than one foot at any point. Any modification, alteration, reconstruction or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter. Any modification, alteration, reconstruction or improvement of any kind to an existing structure to an extent or amount of less than 50% of its market value shall be elevated and/or floodproofed to the greatest extent possible.
Historic structures. The Zoning Hearing Board shall have the right to waive, as a special exception, any of the requirements of this section and Subsection Q for any structure listed on the National Register of Historic Places or the Pennsylvania Register of Historic Sites and Landmarks, and the provisions of Subsections I, J, K and L of this article shall be applied in such a case.
Design and performance standards.
Applicability. Unless otherwise specified in this article, the standards and criteria included in this section are to be used, together with the provisions of all other articles and all other ordinances in force in West Lampeter Township, by the Zoning Officer and Zoning Hearing Board in their administration of this article.
Regulations and reviews by other agencies.
Where applicable and where possible, all necessary permits or other written approvals will be obtained from all other agencies before any approvals of plans, special exceptions, variances or permits may be granted by West Lampeter Township or its agencies, officials or employees.
Where necessary permits or written approvals from other agencies cannot be obtained prior to action by West Lampeter Township, any approval of plans, special exceptions, variances or permits by the Township or its agencies, officials or employees shall be conditioned upon receiving such other agencies' permits or written approvals.
No regulations of the commonwealth governing watercourses are amended or repealed by this chapter. Prior to any proposed alteration or relocation of any watercourse, a permit shall be obtained from DEP, and notification of any such proposal shall be given to all affected adjacent municipalities. Copies of such permit application and municipal notifications shall be forwarded to the Federal Insurance Administration and to the State Department of Community and Economic Development.
Placement and construction of authorized uses and structures.
All uses and structures shall be designed, constructed and placed so as to offer the minimum obstruction possible to the flow of water and shall be designed to have a minimum effect upon the flow, velocity or height of floodwaters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, so far as is practicable, structures shall be placed approximately on the same flood flow lines as those of nearby structures.
All new construction and substantial improvement shall be constructed with materials and utility equipment resistant to flood damage and shall be constructed by methods and practices that minimize flood damage. All new or replacement drains, water supply facilities or sanitary sewage facilities shall be designed to preclude infiltration or backup of sewage or floodwaters into the facilities or structures and discharges from the facilities into floodwaters.
All new construction and substantial improvements of permanent nonresidential structures shall either have the lowest floor (including basement) elevated to one foot above the one-hundred-year flood elevation as defined by Subsection B of this article or, together with attendant utility and sanitary facilities, be floodproofed so that below one foot above the one-hundred-year flood elevation as defined by Subsection B of this article the structure is watertight, with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
All authorized improvements or additions to existing residential structures shall, to the greater extent possible, be elevated. Any portion of the structure not elevated to one foot above the one-hundred-year flood elevation as defined by Subsection B of this article shall be floodproofed.
Floodproofing. Where floodproofing is authorized by this article, it shall be done according to the standards and provisions for floodproofing regulations officially issued by the U.S. Army Corps of Engineers. Where reference is made in such floodproofing regulations to the "RFD" (regulatory flood datum), it shall be interpreted to mean the one-hundred-year flood elevation as defined by this article. The floodproofing of a new residential building shall not cause the construction of the building to be permitted.
Anchoring. All structures, including buildings, air ducts, large pipes and storage tanks, within the Floodplain District shall be firmly anchored to prevent flotation, movement or collapse, thus reducing the possibility of the blockage for bridge openings and other restricted sections of the watercourse.
Surface drainage. Adequate drainage shall be provided for all new development to reduce exposure to flood hazards.
Public utility facilities and structures. Public utility facilities and structures (except buildings) subject to the jurisdiction of the State Public Utility Commission are requested to comply with the following standards in the interest of achieving the purpose and intent of this article.
Public utility facilities and associated structures, such as pipelines, gas lines, storm sewers, sanitary sewers, waterlines, outlet installations for sewage treatment plants, sealed public and private water supply wells, pumping stations and underground communications facilities, should, except for necessary vents, be designed and installed underground so as to be at or below the existing natural surface grade within the floodplain and in such a manner as will prevent flotation, minimize or eliminate flood damage, and not alter the cross-sectional area of the floodplain. All new or replacement water supply facilities and/or sanitary sewage facilities should be designed to minimize or eliminate infiltration of floodwaters into the facilities and discharges from the facilities into floodwaters. All gas lines should have a system of shutoff valves for service to the Floodplain District to allow positive control during flood emergencies.
Public utility electrical distribution lines and supporting structures should be installed so as to minimize or eliminate flood damage and be installed underground below the existing natural surface grade within the floodplain. Aboveground electrical transmission lines should be designed to meet the following standards:
Aboveground lines should enter the Floodplain District only to cross a watercourse; should cross the watercourse and the Floodplain District using the most direct and shortest route possible consistent with the goals, objectives, purposes and intents of this Zoning Ordinance; should make the minimum number of crossings necessary; and should be designed and installed so as to minimize or eliminate flood damage.
Aboveground lines should be elevated so that their lowest portions are a minimum of 10 feet above the maximum flood elevation.
Supporting structures for aboveground lines within the Floodplain District should be the minimum number necessary to carry the lines across the Floodplain District. Supporting structures should be designed and installed so as to be able to withstand the maximum volume, velocity and force of floodwaters which can be expected at the point where they are located.
Facilities and service in the Floodplain District should be designed so that flood damage within the district does not disrupt service outside the district.
A filter strip is required between any watercourse and any tilled land. Such strip shall be a minimum of 15 feet in width, measured from the bank of the watercourse channel. The filter strip shall be planted and maintained in grass.
Within the Floodplain District, a cover crop, such as annual rye grass, is required whenever the land is not being tilled for major crops.
Livestock shall not be confined in pastures or other enclosures located entirely within the Floodplain District (see Subsection G).
Within the Floodplain District, feedlots are prohibited.
Uniform Construction Code coordination. The standards and specifications contained in 34 Pa. Code Chapters 401-405, as amended and not limited to the following provisions, shall apply to this Article IV to the extent that they are more restrictive and/or supplement the requirements of this Article IV.
International Building Code (IBC) 2003, or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402 and Appendix G.
International Residential Building Code (IRC) 2003, or the latest edition thereof: Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
Within the Floodplain District, building permits shall be required for all proposed development, construction, reconstruction, placement, replacement, expansion, extension, repair or other improvement of uses or structures, regardless of value, including the placement of mobile homes and activities such as mining, dredging, filling, grading, logging, paving, excavation or drilling operations. Building permits shall not be required for normal maintenance.
Every zoning permit application for work or uses within the Floodplain District shall include or be accompanied by all information necessary for the Zoning Officer to determine that the proposal meets all of the provisions of this article and this zoning chapter.
The following information is specifically required to accompany all zoning permit applications involving structures within the Floodplain District:
The elevation (in relation to mean sea level) of the lowest floor (including basement).
Whether or not the structure includes a basement.
If the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed.
Where floodproofing is proposed to be utilized for a particular structure, the zoning permit application shall be accompanied by a document certified by a licensed professional engineer registered by the state or a licensed professional architect registered by the state, certifying that the floodproofing methods used meet the provisions of § 285-47Q of this Zoning Ordinance and are adequate to withstand the flood depths, pressures, velocities, impact, uplift forces, and other factors associated with the one-hundred-year flood as defined by Subsection B of this article, and indicating the specific elevation (in relation to mean sea level) to which such structure is floodproofed.
A copy of all plans and applications for proposed construction or other improvements within the Floodplain District to be considered for approval may be submitted by the Zoning Officer to any other appropriate agencies and/or individuals for review and comment.
Site location including address.
Brief description of proposed work and estimated cost, including a breakout of the flood-related cost and the market value of the building before the flood damage occurred.
The elevation of the one-hundred-year flood.
The following data and documentation:
Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel owned by the applicant or the client he represents.
Certification from a registered professional engineer, architect or landscape architect that the proposed construction has been adequately designed to protect against damage from the one-hundred-year flood.
A statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person, which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a one-hundred-year flood, including a statement concerning the effects such pollution may have on human life.
A statement, certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on one-hundred-year flood elevations and flows.
A statement, certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the one-hundred-year flood elevation and the effects such materials and debris may have on one-hundred-year flood elevations and flows.
The appropriate component of the DEP Planning Module for Development.
Where any excavation or grading is proposed, a plan meeting the requirements of the DEP to implement and maintain erosion and sedimentation control.
Any other applicable permits, such as but not limited to a permit for any activity regulated by the DEP under Section 302 of Act 1978-166.
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood.
The lawful granting of a permit or making of any other administrative decision under this article shall not constitute a representation, guarantee or warranty of any kind by West Lampeter Township, or by any official, agent or employee thereof, of the practicability or safety of any structure, use or other plan proposed with respect to damage from flood or otherwise, and shall create no liability upon, or a cause of action against, such public body, official, agent or employee for any flood damage that may result pursuant thereto or as a result of reliance on this article. There is also no assurance that lands not included in the Floodplain District are now or ever will be free from flooding or flood damage.
No principal or accessory use, or operations or activities on its lot, shall generate a sound level exceeding the limits established in the table below, when measured at the specified locations:
|Sound Level Limits by Receiving Land Use/District|
|Land Use or Zoning District Receiving the Noise||Hours/Days||Maximum Sound Level|
|1. At a lot line of a residential use in a residential district||1) 7:00 a.m. to 9:00 p.m. other than Sundays, Christmas Day, Thanksgiving Day, New Year's Day, Labor Day and Memorial Day||1) 57 dBA|
|2) 9:00 p.m. to 7:00 a.m. plus all of the following days: Sundays, Christmas, Thanksgiving, New Year's Day, Easter Sunday, Labor Day and Memorial Day||2) 52 dBA|
|2. Lot line of a residential use in a commercial, industrial or agricultural district||1) Same as above||1) 62 dBA|
|2) Same as above||2) 57 dBA|
|3. Any lot line other than "1" or "2" above||All times and days||70 dBA|
|Note: dBA means "A" weighted decibel.|
The maximum permissible sound level limits set forth in the above table shall not apply to any of the following noise sources:
Sound needed to alert people about an emergency.
Repair or installation of utilities or construction of structures, sidewalks or streets between the hours of 7:00 a.m. and 8:00 p.m., except for clearly emergency repairs which are not restricted by time.
Lawn mowers, snowblowers, leaf blowers, and household power tools between the hours of 7:00 a.m. and 9:00 p.m.
Agricultural activities, including permitted raising of livestock, but not exempting a commercial kennel.
Public celebrations specifically authorized by the Township Supervisors or a county, school district, state or federal government agency or body.
Unamplified human voices.
Routine ringing of bells and chimes by a place of worship or municipal clock.
Vehicles operating on a public street, railroads and aircraft.
Snow making within a commercial or resort district.
Festivals and similar special events within a commercial or industrial district that involve a total maximum of 20 days per calendar year per lot.
No use shall generate odors or dust that are offensive to persons of average sensitivities beyond the boundaries of the subject lot, except for odor and dust nuisances that are allowed for normal farming operations under the state's Right to Farm Act.
This § 285-50 shall only regulate exterior lighting that spills across lot lines or onto public streets.
Streetlighting exempted. This § 285-50 shall not apply to streetlighting that is owned, financed or maintained by the Township or the state or an individual porch light of a dwelling (not including a spotlight).
Height of lights. No luminaire, spotlight or other light source that is within 200 feet of a lot line of an existing dwelling or approved residential lot shall be placed at a height exceeding 35 feet above the average surrounding ground level. This limitation shall not apply to lights needed for air safety nor lights intended solely to illuminate an architectural feature of a building, nor lighting of outdoor public recreation facilities or a ski resort.
Diffused. All light sources, including signs, shall be properly diffused as needed with a translucent or similar cover to prevent exposed bulbs from being directly visible from streets, public sidewalks, dwellings or adjacent lots.
Shielding. All light sources, including signs, shall be shielded around the light source and carefully directed and placed to prevent the lighting from creating a nuisance to reasonable persons in adjacent dwellings, and to prevent the lighting from shining into the eyes of passing motorists.
Flickering. Flashing, flickering or strobe lighting are prohibited, except for nonadvertising seasonal lights between October 25 and January 10.
Spillover. Exterior lighting on an institutional, commercial or industrial property shall not cause a spillover of light onto a residential lot that exceeds 0.5 horizontal footcandle at a distance 20 feet inside the residential lot line.
Gasoline sales canopies. All light fixtures under the canopy shall be recessed into the canopy or screened by an extension around the bottom of the canopy so that lighting elements are not visible from another lot or street.
Horizontal surface lighting. For the lighting of predominantly horizontal surfaces, such as but not limited to parking areas, streets, driveways, pedestrian walkways, outdoor sales and storage areas, vehicle-fueling facilities, vehicle sales areas, loading docks, recreational areas and building entrances, fixtures shall be aimed downward and shall meet the standards for a full-cutoff light fixture. A full-cutoff light fixture shall be a fixture in which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane at all lateral angles around the fixture. Fixtures with an aggregate-rated lamp lumen output per fixture that does not exceed the rated output of a standard one-hundred-watt incandescent lamp are exempt from the requirements of this subsection.
Nonhorizontal lighting. For lighting of predominantly nonhorizontal surfaces, such as but not limited to facades, signs and displays, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Fixtures with an aggregate-rated lamp lumen output per fixture that does not exceed the rated output of a standard one-hundred-watt incandescent lamp are exempt from the requirements of this subsection.
However, lighting shall be allowed of the United States flag from dusk to dawn, provided the light source shall have a beam spread no greater than necessary to illuminate the flag.