Township of East Lampeter, PA Article XXI Overlay Districts

§ 375-21010 Purpose.

A. To recognize that there are certain areas require special consideration in their development due to the historic pattern of development, environmental conditions, natural or cultural features, or any combination of these. This article of this chapter has been developed to provide a means whereby East Lampeter Township may accommodate the appropriate development of such areas.

B. To provide additional conditions to assure that lands included in a given overlay district are developed in such a way to preserve and to promote the desirable aspects of their character.

C. To assure that uses permitted in overlay districts are compatible with the uses existing and permitted on the immediately adjacent lands and the neighborhood generally.

D. To implement the goals, objectives and policies of the Comprehensive Plan, which pertain to conservation management, environmental protection, natural resources, open space, and historic preservation.

§ 375-21020 Interpretation of overlay districts.

A. The overlay districts contained within Article XXI of this chapter include provisions to supplement and enhance the existing underlying district regulations for certain land areas, uses and water features. These supplemental regulations do not replace the existing underlying zoning district regulations. In cases where the overlay districts overlap, the more restrictive standards and specifications shall apply.

B. The land and water areas encompassed by the overlay districts shall be subject to the interpretation of the Zoning Officer. Should a dispute arise concerning the interpretation of the boundaries or limits of those land or water areas encompassed by the overlay districts, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer.

§ 375-21030 Airport Overlay District.

A. Purpose. It is hereby found that an obstruction has the potential for endangering the lives and property of users of both the Lancaster Airport and the Smoketown Airport, and property or occupants of land in their vicinity; that an obstruction may affect existing and future instrument approach minimums of both the Lancaster Airport and the Smoketown Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of both the Lancaster Airport and the Smoketown Airport and the public investment therein. Accordingly, it is hereby declared:

(1) That the creation or establishment of an obstruction has the potential of being a nuisance and may injure the region served by the Lancaster Airport and the Smoketown Airport.

(2) That it is necessary in the interest of the health, safety, morals and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented.

(3) That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

B. Application and defined terms.

(1) The provisions contained within § 375-21030 of this chapter are intended to create an overlay zoning district which is applicable within airport surface zones in all other zoning districts established by this chapter. To the extent of the provisions of § 375-21030 of this chapter are applicable and more restrictive, they shall supersede conflicting provisions within all other articles of this chapter and all other ordinances of East Lampeter Township. However, all other provisions of this chapter and all other ordinances adopted by East Lampeter Township shall remain in full force.

(2) The provisions for the Airport Overlay District contain technical and reference terms that are further defined under § 375-2020 and § 375-21030 of this chapter.

(3) The limits of the Airport Overlay District are depicted as an insert of the Zoning Map as well as on maps prepared and maintained by the Pennsylvania Department of Transportation.

(4) In addition to the provisions specified for the Airport Overlay District by this chapter, the provisions established by the state and federal agencies with jurisdiction shall apply.

C. Airport surface zones. In order to carry out the provisions of the Airport Overlay District, certain zones have been created and established, which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to both the Lancaster Airport and the Smoketown Airport. Such zones are shown on both the Lancaster Airport Height Limitation Map and the Smoketown Airport Height Limitation Map, prepared by the Pennsylvania Department of Transportation, Bureau of Aviation, and dated Spring 1989. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

(1) Utility runway visual approach surface zone. Established beneath the visual approach surface for the Smoketown Airport. The inner edge of this zone coincides with the width of the primary surface and is 250 feet wide. The zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

(2) Transitional surface zones. Established beneath the transitional surfaces adjacent to the Smoketown Airport runway and approach surface as indicated on the Height Limitation Map.

(3) Horizontal surface zone. Established beneath the horizontal surface, 150 feet above the established Smoketown Airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of the runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal surface zone does not include the approach surface and transitional surface zones.

(4) Conical surface zone. Established beneath the conical surface. This zone commences at the periphery of the horizontal surface and extends outward there from a horizontal distance of 4,000 feet.

D. Airport surface zone height limitations. Except as otherwise provided within § 375-21030 of this chapter, no structure shall be erected, altered, or maintained, and no tree or other natural growth shall be allowed to grow in any zone created by this section of this chapter to a height in excess of the applicable height limit herein established for such zone. The datum for all height limits shall be mean sea level elevation. Such applicable height limitations are hereby established for each of the zones in question as follows:

(1) Utility runway visual approach surface zone. Slopes 20 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.

(2) Transitional surface zones. Slopes seven feet outward for each one foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the Smoketown Airport elevation which is 370 feet above mean sea level.

(3) Horizontal surface zone. Established at 150 feet above the established Smoketown Airport elevation or at a height of 520 feet above mean sea level.

(4) Conical surface zone. Slopes 20 feet outward for each one foot upward beginning at the periphery of the horizontal surface and at 150 feet above the established airport elevation and extending to a height of 350 feet above the established airport elevation or at a height of 753 feet above mean sea level for the Lancaster Airport and at a height of 720 feet above mean sea level for the Smoketown Airport.

(5) Excepted height limitations. Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree or other natural growth to a height up to 40 feet above the surface of the land.

E. Airport surface areas. Within the Airport Overlay District, there are four surface area classifications for the purpose of controlling uses determined to be compatible with an airport. These surface areas are defined as follows:

(1) Surface Area 1. The land beneath the primary surface.

(2) Surface Area 2. The land beneath the approach surface for each runway end extended 2,500 feet from the edge of the primary surface.

(3) Surface Area 3. The land beneath the transitional surface and the land beneath the approach surface from the end of Surface Area 2 to the approach surface's intersection with the horizontal surface.

(4) Surface Area 4. The land beneath the horizontal surface.

F. Airport surface area use limitations. The following uses and no others are permitted within an airport surface area, provided that: the uses are permitted only if they are permitted within the applicable underlying zoning district; the uses comply with the provisions of the underling zoning district; and the uses comply with all other applicable provisions of this chapter. Where provisions within the Airport Overlay District and the underlying zoning district differ, the more stringent provision shall be deemed applicable:

(1) The following uses are permitted by special exception within Surface Area 1:

(a) Airport or heliport, subject to the provisions specified under § 375-23040 of this chapter.

(2) The following uses are permitted by right within Surface Area 2:

(a) Agricultural operations, subject to the provisions specified under § 375-23030 of this chapter.

(b) Farm-support use as a limited impact business operation, subject to the provisions specified under § 375-23260 of this chapter.

(c) Recreation use that is defined as a municipal recreation use, including municipal parks, playgrounds, picnic areas, and similar municipal recreation facilities, subject to the provisions specified under § 375-23620 of this chapter.

(d) Accessory uses and structures that are customarily and clearly accessory to a permitted use shall be permitted by right, subject to the provisions specified by the underlying zoning district and the regulations that are specified under Articles XXII and XXIII of this chapter.

(3) The following uses are permitted by special exception within Surface Area 2, subject to the special exception provisions specified under § 375-25070 of this chapter:

(a) Airport or heliport, subject to the provisions specified under § 375-23040 of this chapter.

(b) Cemetery, permitted as a principal use, subject to the provisions specified under § 375-23160 of this chapter.

(c) Golf course, permitted as a principal use by special exception and subject to the provisions specified under § 375-23320 of this chapter.

(d) Public utility building and/or structures, subject to the provisions specified under § 375-23610 of this chapter.

(e) Roadside stand for the sale of agricultural or horticultural products, subject to the provisions specified under § 375-23710 of this chapter.

(f) Uses customarily and clearly accessory or subordinate to a principal use permitted by special exception when located on a lot that is contiguous to the principal use.

(4) The following uses are permitted by right within Surface Area 3 and Surface Area 4:

(a) All uses permitted by right within the underlying zoning districts of Surface Area 3 shall be permitted by right, subject to the applicable provisions specified by this chapter.

(b) All uses permitted by right within the underlying zoning districts of Surface Area 4 shall be permitted by right, subject to the applicable provisions specified by this chapter.

(5) The following uses are permitted by special exception within Surface Area 3 and Surface Area 4, subject to the special exception provisions specified under § 375-25070 of this chapter:

(a) All uses permitted by special exception within the underlying zoning districts of Surface Area 3 shall be permitted by special exception, subject to the applicable provisions specified by this chapter.

(b) All uses permitted by special exception within the underlying zoning districts of Surface Area 4 shall be permitted by special exception, subject to the applicable provisions specified by this chapter.

(6) The following uses are permitted by conditional use within Surface Area 3 and Surface Area 4, subject to the conditional use provisions specified under § 375-25080 of this chapter:

(a) All uses permitted by conditional use within the underlying zoning districts of Surface Area 3 shall be permitted by conditional use, subject to the applicable provisions specified by this chapter.

(b) All uses permitted by conditional use within the underlying zoning districts of Surface Area 4 shall be permitted by conditional use, subject to the provisions specified by this chapter.

G. Airport zoning requirements.

(1) Reasonableness. All airport zoning regulations adopted under § 375-21030 of this chapter shall be reasonable; none shall impose any requirement or restriction unless it is reasonably necessary to effectuate the purpose of this section of this chapter.

(2) Use restrictions. Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this section of this chapter in such a manner as to create electronic interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare or smoke in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(3) Nonconforming uses.

(a) Regulations not retroactive. The regulations prescribed by this section of this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree or other natural growth not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of any nonconforming use, except as provided in § 375-21030H (permits and variances) of this chapter. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter and is diligently executed.

(b) Marking and lighting. Notwithstanding the provision of § 375-21030G(3)(a) of this chapter, the owner of any existing nonconforming structure or tree or other natural growth is hereby required to permit the installation, operation, and maintenance thereon or nearby of such markers and lights as shall be deemed necessary by the Zoning Officer to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of East Lampeter Township.

(4) New or emerging technology. All aircraft that is considered as a new or emerging technological advance shall comply with all applicable state and federal regulations as well as the provisions specified within this chapter.

H. Permits and variances. The following requirements pertaining to permits and variances within the Airport Overlay District shall be applicable in addition to those requirements specified under Article XXV of this chapter:

(1) Future uses. Except as specifically provided under § 375-21030H(1)(a), (b) and (c) of this chapter, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree or other natural growth shall be planted in any zone hereby created within this section of this chapter unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree or other natural growth would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with § 375-25060 of this chapter.

(a) In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

(b) In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any structure or tree or other natural growth less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such structure or tree or other natural growth would extend above the height limit prescribed for such approach zones.

(c) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zones, no permit shall be required for any structure or tree or other natural growth less than 75 feet of vertical height above the ground, except when such structure or tree or other natural growth, because of terrain, land contour, or topographic feature, would extend above the height limit prescribed for such transition zones.

(d) Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree or other natural growth in excess of any of the height limits established by this chapter, except that no permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.

(2) Existing uses. Before any nonconforming structure may be replaced, substantially altered or rebuilt or any nonconforming tree or other natural growth allowed to grow higher or replanted, a permit must be secured from the Zoning Officer. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree or other natural growth to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made.

(3) Variances. Any application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. Additionally, no application for variance to the requirements of this section of this chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the Airport Manager (or person of equal description) for advice as to the aeronautical effects of the variance. If the Airport Manager (or person of equivalent description) does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act without such input to grant or deny said application.

(4) Hazard marking and lighting. In granting any permit or variance under this section, the Zoning Hearing Board shall, if it deems the action advisable to effectuate the purpose of this section of this chapter and reasonable under the circumstances, so condition the permit or variance as to require the owner of the structure or tree or other natural growth in question to permit East Lampeter Township, at its own expense, or require the applicant requesting the permit or variance, to install, operate and maintain thereon such markers and lights as may be required by guidelines or regulations adopted by the FAA.

(5) Notice to Department. The Zoning Hearing Board, upon the decision to grant a permit or variance under this section of this chapter, shall notify the Pennsylvania Department of Transportation, Bureau of Aviation, of its decision. This notice shall be in writing and shall be sent to the Department of Transportation at the same time as to the applicant. The decision shall not be effective for 10 days after it is rendered to allow the Department of Transportation time within which to appeal the decision.

I. Acquisition of air rights. In any case in which it is desired to remove, lower or otherwise terminate a nonconforming structure or use, or the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations, or it appears advisable that the necessary approach protection be provided by acquisition of property rights, rather than by airport zoning regulations, East Lampeter Township, or the municipal authority owning the airport or served by it, may acquire by purchase, grant or condemnation, in the manner provided by the law under which East Lampeter Township is authorized to acquire real property for public purposes, such air right, aviation easement or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purpose of this section of this chapter. In the case of the purchase of any property or any easement or estate, or interest therein, or the acquisition thereof by the power of eminent domain, East Lampeter Township shall, in addition to the damages for the taking, injury or destruction of property, also pay the cost of the removal and relocation of any structure or any public utility which is required to be moved to a new location.

J. FAA Form 7460. If required by East Lampeter Township, the applicant or landowner shall submit a completely executed Form 7460 (Notice of Proposed Construction or Alteration) to the Federal Aviation Administration and Pennsylvania Department of Transportation. Evidence that Form 7460 has been properly submitted and the opportunity for review has been provided shall be the responsibility of the applicant or landowner.

K. Drones. All portable or unmanned aerial vehicles utilized as part of a personal, private or commercial use shall comply with all local, state and federal regulations as well as the provisions that are contained under § 375-21030 and § 375-23040 of this chapter.

§ 375-21040 Floodplain Overlay District.

A. Purpose. The Floodplain Overlay District is hereby established to meet the following objectives:

(1) The Floodplain Overlay District includes the areas of East 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 the tax base, and other adverse effects on the public health, safety, and general welfare.

(2) The provisions of the Floodplain Overlay District are hereby authorized by the Commonwealth of Pennsylvania through the passage of the Pennsylvania Flood Plain Management Act of 1978 in order to establish regulations to promote public health, safety, and the general welfare of the community.[1]

[1] Editor's Note: See 32 P.S. § 679.101 et seq.

(3) In the interest of public health, safety, and welfare, the regulations of the Floodplain Overlay 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 and to guide incompatible development into more appropriate zoning districts.

(4) In advancing these principles and the general purposes of this chapter and the Comprehensive Plan, the specific intent of the Floodplain Overlay District includes the following:

(a) To regulate uses, activities, and development which, acting along or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies.

(b) To restrict or prohibit certain uses, activities, and development from locating within areas subject to flooding.

(c) To require all those uses, activities, and developments that occurs in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.

(d) To encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.

(e) Minimize danger to public health by protecting water supply and natural drainage.

(f) Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.

(g) To protect individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.

(h) To comply with state and federal floodplain management requirements.

B. Abrogation of greater restrictions. The provisions established for the Floodplain Overlay District supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this chapter, the more restrictive shall apply.

C. Application of provisions and defined terms.

(1) The provisions of the Floodplain Overlay District are intended to establish an overlay zone which is applicable to floodplains and surface water features within all other zoning districts established by this chapter. To the extent of the provisions of this chapter are applicable and more restrictive, they shall supersede conflicting provisions within all other articles of this chapter and all other ordinances of East Lampeter Township. However, all other provisions of this chapter and all other ordinances adopted by East Lampeter Township shall remain in full force.

(2) The Zoning Officer shall be designated as the Floodplain Administrator for East Lampeter Township. The Zoning Officer shall be responsible for the following floodplain management duties:

(a) It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within East Lampeter Township unless a permit has been obtained from the Zoning Officer.

(b) The Zoning Officer shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this chapter and all other applicable codes and ordinances.

(c) Prior to the issuance of any permit, the Zoning Officer shall review the application for the permit to determine if all other necessary required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act, the Pennsylvania Dam Safety and Encroachments Act, the Pennsylvania Clean Streams Act, and the U.S. Clean Water Act, and other relative state or federal laws. No permit shall be issued until this determination has been made.

(d) During the construction period, the Zoning Officer or other municipal official authorized by East Lampeter Township shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. The Zoning Officer shall make as many inspections during and upon completion of the work as are necessary.

(e) The Zoning Officer shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.

(f) In the event the Zoning Officer discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Zoning Officer shall revoke the permit and report such fact to the East Lampeter Township Board of Supervisors and Manager for whatever action it considers necessary.

(g) The Zoning Officer shall maintain all records associated with the requirements of this chapter, including, but not limited to, permitting, inspection and enforcement.

(3) The provisions for the Floodplain Overlay District contain technical and reference terms that are further defined under § 375-2020 and § 375-21040 of this chapter.

(4) In addition to the provisions specified for the Floodplain Overlay District by this chapter, the provisions established by the state and federal agencies with jurisdiction shall apply.

D. Identification of floodplain areas. The Floodplain Overlay District shall include the following identified floodplain areas within East Lampeter Township:

(1) The identified floodplain area shall be any areas classified as Special Flood Hazard Areas (SFHA) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRM) issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.

(2) The identified floodplain area shall also consist of the following specific areas:

(a) The floodway area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.

[1] Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

[2] Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.

(b) The AE area/district shall be those areas identified as an AE zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided:

[1] The AE area adjacent to the floodway shall be those areas identified as an AE zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.

[2] AE area without floodway shall be those areas identified as an AE zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been determined.

[a] No permit shall be granted for any construction, development, use, or activity within any AE area/district without floodway unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the BFE more than one foot at any point.

[b] No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.

(c) The A area/district shall be those areas identified as an A zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.

In lieu of the above, East Lampeter Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by East Lampeter Township.

(d) The AO and AH area/district shall be those areas identified as zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by 1%-annual-chance shallow flooding where average depths are between one and three feet. In zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.

(3) The Floodplain Overlay District may be revised or modified by East Lampeter Township where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA.

E. Boundary disputes.

(1) Should any person dispute the initial boundary determination of the Floodplain Overlay District made by the Zoning Officer, an appeal will lie to the Zoning Hearing Board. The burden of proof in such an appeal shall be on the property owner. The property owner shall pay all costs associated with the hearing before the Zoning Hearing Board, including all costs for advertising public notice, for fees to Zoning Hearing Board members, for fees to the municipal solicitor, and for all stenographic records including the attendance of a stenographer and, when necessary, the transcription of the record.

(2) All changes to the boundaries of the Floodplain Overlay District which affect areas identified under § 375-21040 of this chapter are subject to the review and approval of the Federal Insurance Administrator for compliance with the Rules and Regulations of the National Flood Insurance Program.

F. Uses permitted by right. The following uses, when permitted in the underlying zoning district, and no others, are permitted in the Floodplain Overlay District and they are permitted only if done under and in accordance with the provisions of the Clean Streams Law of Pennsylvania, the rules and regulations of the Pennsylvania Department of Environmental Protection (DEP), and all other provisions of this section and provisions of this chapter:

(1) Agricultural operation, subject to the provisions specified under § 375-23030 of this chapter, excluding any fill or structures and excluding any grading or filling which would cause any increase in flood heights or frequency.

(2) Erosion and sedimentation control measures, facilities, and structures, provided no unhealthful ponding or other unsanitary conditions shall occur.

(3) Recreation uses that are defined as a municipal recreation uses, private recreation uses, restricted recreation uses and/or commercial recreation uses, subject to the provisions that are specified under § 375-23620 of this chapter. Such recreation uses may include parks, playgrounds, picnic areas, swimming areas (excluding swimming pools), play areas, day camps, campgrounds (excluding campsites), lawns, gardens, golf courses, golf 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 fill or structures and excluding any grading or filling which would cause any increase in flood heights or frequency.

(4) Harvesting of any wild crop, such as marsh hay, ferns, moss, berries, tree fruits and seeds, or wild rice.

(5) Activities related to the preservation of natural amenities, including wildlife sanctuaries, nature preserves, woodland preserves, botanical gardens, or arboretums, excluding any fill or structures and excluding any grading or filling which would cause any increase in flood heights or frequency.

(6) Open space and front, side, or rear yard required by other provisions of this chapter. Floodplain land may be used to meet minimum open space, yard and lot area requirements, provided that the purpose and intent of § 375-21040 of this chapter and all other pertinent provisions specified by this chapter.

(7) Stream improvements whose sole purpose is to improve aquatic life habitat, and which are reviewed and approved by the Pennsylvania Fish Commission, the Pennsylvania Department of Environmental Protection, and other agencies with jurisdiction.

(8) One or two strand fences.

(9) Picnic tables, park benches, fireplaces and grills, and playground equipment, all if anchored to prevent flotation.

(10) 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 Pennsylvania Game Commission for the taking of migratory waterfowl and the three weeks immediately preceding and the three weeks immediately following that open season. Blinds must be removed during all other times of the year.

(11) Farm ponds which are constructed in accordance with a conservation plan, which has been reviewed and approved by the Pennsylvania Department of Environmental Protection and which do not create any increase in flooding, and subject to the provisions of this chapter.

(12) Floodproofing and flood hazard reduction structures to protect only lawfully existing nonconforming structures and lawfully existing nonconforming uses within structures.

(13) Public utility facilities (except buildings) under the exclusive jurisdiction of the Pennsylvania Public Utility Commission and specifically exempted from control by municipal zoning ordinances, subject to the provisions of this chapter.

(14) Marker buoys.

(15) Floodplain remediation or restoration projects.

G. Uses permitted by special exception. The following uses are permitted within the Floodplain Overlay District only when a special exceptions has been granted by the Zoning Hearing Board in accordance with this chapter, when permitted by the underlying zoning district as a permitted use by right or special exception, and when done under and in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 394 of 1937, as amended, the rules and regulations of the Pennsylvania Department of Environmental Protection (DEP), and all other applicable provisions of this chapter:

(1) One-story tool or implement sheds, not exceeding 800 square feet in size, provided that the same are anchored to a permanent foundation, that the shed, together with attendant utility and sanitary facilities, are floodproofed to the elevation of the one-hundred-year flood elevation, and provided that no such sheds are permitted in the floodway.

(2) Parking lots, loading areas, driveways, and aircraft landing strips and taxiways, if they are water-permeably surfaced, and if they are consistent with the provisions of this chapter, except that parking lots designed or used for storage and parking lots for hotels, motels and other transient lodgings are prohibited.

(3) Water-oriented uses such as docks, piers, wharves, marinas, boat liveries, and boat launching ramps.

(4) Public utility facilities not under the exclusive jurisdiction of the Pennsylvania Public Utility Commission, subject to the following conditions:

(a) Facilities, such as pipelines, gas lines, storm sewers, sanitary sewers, water lines, outlet installations for sewage treatment plants, sealed public and private water supply wells, pumping stations, and underground communications facilities, shall, together with associated structures, but excepting 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 shall be designed to minimize or eliminate infiltration of floodwaters into the facilities and discharges from the facilities into floodwaters. All gas lines shall have a system of shut-off valves for service to the Floodplain Overlay District to allow positive control during flood emergencies.

(b) Electrical transmission lines and supporting structures shall be installed so as to minimize or eliminate flood damage and all lines of less than 15 kilovolts shall be installed underground, below the existing natural surface grade within the floodplain. Aboveground electrical transmission lines of 15 kilovolts or more may be allowed above ground as a special exception, provided they are certified by a licensed professional engineer registered by the Commonwealth of Pennsylvania as meeting all of the following standards:

[1] Aboveground lines and supporting structures shall enter the Floodplain Overlay District only to cross a watercourse, shall cross the watercourse and the Floodplain Overlay District using the most direct and shortest route possible consistent with the goals, objectives, purposes, and intents of § 375-21040A of this chapter, shall make the minimum number of crossings necessary, and shall be designed and installed so as to minimize or eliminate flood damage.

[2] Aboveground lines shall be elevated so that their lowest portions are a minimum of 10 feet above the maximum flood elevation.

[3] Supporting structures for aboveground lines within the Floodplain Overlay District shall be the minimum number necessary to carry the lines across the Floodplain Overlay District. Supporting structures shall 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.

[4] Facilities and service in the Floodplain Overlay District shall be designed so that flood damage within the Floodplain Overlay District does not disrupt service outside the Floodplain Overlay District.

(5) Fish hatcheries, including uncovered ponds and raceways, which are approved by the Pennsylvania Fish Commission, but excluding other structures.

(6) Water-monitoring devices.

(7) Streets, provided that the finished elevation is no more than one foot below the regulatory flood elevation.

(8) Culverts, bridges, and their respective approaches provided the same meet all the following conditions:

(a) Review and/or approval by the Lancaster County Planning Commission, if required.

(b) Approval by the Susquehanna River Basin Commission, if required.

(c) Approval by the Pennsylvania Department of Environmental Protection, if required.

(d) Approval by the Pennsylvania Department of Transportation (PennDOT), if required.

(e) If approval by PennDOT is not required, the proposed use must still meet all of the appropriate minimum design standards of PennDOT.

(f) Approval by the United States Army Corps of Engineers, if required.

(g) The proposed structure must be designed in such a way as to have the capacity to allow the unrestricted passage of waters of maximum flood elevation below and through it without any upstream or downstream increase in water surface elevation.

(9) Other uses similar to the above, provided the use will not reduce the cross-sectional area of the floodplain.

H. Standards and criteria for special exceptions. In addition to the provisions specified under § 375-25070 (special exception) of this chapter, the Zoning Hearing Board shall also determine that the following standards and criteria have been complied with:

(1) That danger to life and property due to increased flood heights, velocities, or frequencies caused by encroachments, is minimized.

(2) That no or a minimum of floodwaters or materials will be swept onto other lands or downstream to cause injury to others.

(3) That the possibility of disease, contamination, and unsanitary conditions is minimized.

(4) The proposed facility needs a waterfront or floodplain location.

(5) That alternative locations not subject to flooding for the proposed use do not exist.

(6) That the proposed use is compatible with existing and anticipated development.

(7) That the proposed use is consistent with the Comprehensive Plan and any floodplain management program for the area.

(8) The safety of access to the property in times of flood for emergency vehicles will be assured.

(9) 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 use.

(10) That the proposed activity will not unduly alter natural water flow or water temperature.

(11) That archaeological 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.

(12) That the natural, scenic, and aesthetic values at the proposed site will be conserved.

(13) That a minimal amount of danger, damage, and injury to all adjoining properties on both sides of any watercourse, regardless of municipality, will occur. In this regard, any proposal affecting an adjacent municipality shall be submitted to that municipality for review and comment.

(14) That the grant of the special exception shall not cause:

(a) Increase in flood heights.

(b) Additional threats to public safety.

(c) Extraordinary public expense.

(d) Creation of nuisances.

(e) Conflict with local laws or ordinances.

(15) Upon deciding if a special exception should be granted or denied under the provisions of this chapter, 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 to assist it in arriving at a fair and impartial determination. Such required information may include, but is not limited to, the following:

(a) Plans drawn to scale showing the nature, location, dimensions, and elevation 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.

(b) A typical valley cross-section showing the channel of the watercourse, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high-water information.

(c) 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.

(d) A profile showing the slope of the bottom of channel or flow line of the watercourse.

(e) Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

(16) Upon deciding if a special exception should be granted or denied under the provisions of this chapter, the Zoning Hearing Board may call upon experts or authorities it may deem necessary to assist it in arriving at a fair and impartial determination.

(17) In granting any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter.

(18) Any fees assessed an applicant for a special exception, whether for a hearing or any other purpose, shall not exceed those costs directly associated with the particular application.

I. Variances. Variances from the provisions of § 375-21040 of this chapter should be discouraged. However, if a variance is essential, the following requirements of the National Flood Insurance Program must be complied with in addition to all other variance provisions specified by this chapter and the Pennsylvania Municipalities Planning Code:

(1) In all variance proceedings the burden of proof shall be on the applicant.

(2) No variance shall be granted for any development, structure, use, or activity within the Floodplain Overlay District which would cause any increase in flood levels during the one-hundred-year flood as defined by this section of this chapter.

(3) Variances shall only be granted upon:

(a) A showing of good and sufficient cause;

(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant;

(c) 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.

(d) That the grant of a variance will not jeopardize the flood insurance program of East Lampeter Township.

(4) Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5) Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:

(a) The granting of the variance may result in increased premium rates for flood insurance.

(b) Such variance may increase the risks to life and property.

(6) A complete record of all variance requests and actions, including justifications for granted variances, shall be maintained by East Lampeter Township.

J. Prohibited uses. The following uses are prohibited within the Floodplain Overlay District:

(1) All uses prohibited either expressly or implicitly in the underlying zoning district for the land in question.

(2) All structures, with the exception of those specifically allowed in § 375-21040F and G of this chapter.

(3) Sanitary landfills, dumps, junk and salvage yards, and outdoor storage of vehicles and/or materials.

(4) Placing, depositing and dumping any spoil, fill, or solid waste except such grading, filling or depositing necessary to accomplish and carry out the permitted uses and uses by special exception specified in § 375-21040F and G of this chapter; provided, however, that no grading or filling is permitted which would cause any increase in flood heights or frequency.

(5) Removal of topsoil, excluding sod production and nursery activities as allowed in § 375-21040F and G of this chapter and except such removal of topsoil as is necessary to accomplish and carry out the permitted uses; provided, however, that no grading or filling is permitted which would cause any increase in flood heights or frequency.

(6) Damming or relocation of any watercourse, except as provided for in § 375-21040F and G of this chapter.

(7) Any parts of any on-site sewage disposal systems.

(8) Swimming pools.

(9) 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.

(10) Cemeteries for humans or animals.

(11) Zoo, menagerie, wild animal farm or farm animal enclosures which will not allow all animals to escape floodwaters of maximum flood elevation without human intervention while remaining safely confined.

(12) The floodproofing of new residential structures.

(13) The development of a new manufactured home park or subdivision or the expansion of an existing manufactured home park or subdivision.

(14) Any development, structure, or use which may, whether alone or in combination with others:

(a) Endanger human life;

(b) Obstruct, impede, retard, change, or increase the velocity, direction, or flow of floodwaters;

(c) Increase the surface elevation of floods, or the frequency of floods;

(d) Catch or collect debris carried by floodwaters;

(e) 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 Overlay District;

(f) Degrade the water carrying capacity of any watercourse, channel, or floodplain;

(g) Degrade the quality of surface water or the quality or quantity of groundwater;

(h) Be susceptible to flotation and subsequent movement which would cause damage to other property;

(i) Not be in harmony with the intent and purpose of the Floodplain Overlay District as set forth in § 375-21040A of this chapter.

(15) Feedlots.

(16) Fully enclosed spaces and partially enclosed spaces below the lowest floor.

(17) Recreation vehicles and campsites.

(18) Any new or substantially improved structure that will involve the production, storage, or use of radioactive substances or will be used for the production or storage of any of the following substances: acetone; ammonia; benzene; calcium carbide; carbon disulfide; celluloid; chlorine; hydrochloric acid; hydrocyanic acid; magnesium; nitric acid; oxides of nitrogen; petroleum products (gasoline, fuel oil, and similar products); phosphorus; potassium; sodium; sulphur and sulphur products; pesticides (including insecticides, fungicides and rodenticides); and/or radioactive substances.

K. Nonconforming uses and structures. The following provisions shall apply to uses and structures within the Floodplain Overlay District:

(1) Continuation. All uses or structures in the Floodplain Overlay District lawfully existing on the effective date of this chapter which are not in conformity with the provisions of this chapter 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 East Lampeter Township health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

(2) 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 East Lampeter Township 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 East Lampeter Township 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.

(3) 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 chapter. No nonconforming use or structure shall be expanded, enlarged, or altered in any way which increase its nonconformity with respect to height area, yard, and other requirements established in other provisions of this chapter, nor in any way which causes it to occupy more space within the Floodplain Overlay District than was occupied by it on the effective date of these provisions for the Floodplain Overlay District. Any expansion and/or modification of nonconforming uses and structures within the floodplain overlay shall seek approvals of such as a variance before the Zoning Hearing Board.

(4) 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 chapter 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 the Floodplain Overlay District. Any replacement and/or rebuilding of a nonconforming use and/or structure within the floodplain overlay shall seek approvals of such as a variance before the Zoning Hearing Board.

(5) 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 the provisions of this chapter, all other articles of this chapter, and all other ordinances of East Lampeter Township. The Zoning Hearing Board may waive, as a special exception, the requirements of this subsection 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 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 provisions of this chapter, while respecting and maintaining the purposes and intents of this chapter.

(6) Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this chapter.

(7) 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.

(8) Historic structures. As part of the special exception or variance application, the Zoning Hearing Board may consider modifications to the requirements of § 375-21040K and L of this chapter for any structure listed on the National Register of Historic Places or the Pennsylvania Register of Historic Sites and Landmarks, and all other provisions of the Floodplain Overlay District shall be applied in such case.

L. Elevation and floodproofing requirements.

(1) Residential structures.

(a) In AE, A1-30, and AH zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.

(b) In A zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with this chapter.

(c) In AO zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.

(d) The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized.

(2) Nonresidential structures.

(a) In AE, A1-30 and AH zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:

[1] Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and

[2] Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(b) In A zones, where there no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with this chapter.

(c) In AO zones, any new construction or substantial improvement shall have their lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.

(d) Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations," published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.

(e) The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized.

(3) Space below lowest floor.

(a) Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.

(b) Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

[1] A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

[2] The bottom of all openings shall be no higher than one foot above grade.

[3] Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(4) Historic structures. Refer to the definition of "substantial improvement" contained under "Floodplain Overlay District" as referenced under § 375-2020 (definitions) and the provisions contained under § 375-21050 (Historic Overlay District) of this chapter.

M. Design and performance standards.

(1) Applicability. Unless otherwise specified by the provisions contained within this chapter, the standards and criteria included in the Floodplain Overlay District are to be used, together with the provisions of this chapter and all other ordinances in force in East Lampeter Township by the Zoning Officer and the Zoning Hearing Board in their administration of the provisions of the Floodplain Overlay Districts.

(2) Regulations and reviews by other agencies.

(a) Where applicable and where possible, all necessary permits or other written approvals must be obtained from all other agencies before any approvals of plans, special exceptions, variances, or permits may be granted by East Lampeter Township or its agencies, officials or employees.

(b) Where necessary permits or written approvals from other agencies cannot be obtained prior to action by East Lampeter Township. Any approval of plans, special exceptions, variances, or permits by East Lampeter Township or its agencies, officials, or employees shall be conditioned upon receiving such other agencies' permits or written approval.

(c) No regulations of the Commonwealth of Pennsylvania governing watercourses are amended or repealed by this section of this chapter. Prior to any proposed alteration or relocation of any watercourse, a permit shall be obtained from the Pennsylvania Department of Environmental Protection, 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[2] and to the Pennsylvania Department of Community and Economic Development.[3]

[2] Editor's Note: See now the Federal Insurance and Mitigation Administration.

[3] Editor's Note: See now the Pennsylvania Emergency Management Agency.

(3) Placement and construction of authorized uses, buildings and structures.

(a) 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.

(b) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and shall be constructed by methods and practices that minimize flood damage.

(c) All new or replacement drains, water supply facilities, or sanitary sewage facilities shall be designed to preclude infiltration or back-up of sewage or floodwaters into the facilities or structures and discharges from the facilities into floodwaters.

(d) All new on-lot sanitary sewage treatment and disposal facilities shall be prohibited within the Floodplain Overlay District.

(e) All new construction and substantial improvements of permanent nonresidential structures shall either:

[1] Have the lowest floor (including basement) elevated to one foot above the one-hundred-year flood elevation as defined in § 375-21040C(1) of this chapter; or

[2] Together with attendant utility and sanitary facilities, be floodproofed so that below one foot above the one-hundred-year flood elevation as defined by § 375-21040C(1) of this chapter the structure is watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(f) All authorized improvements or additions to existing residential structures shall, to the greatest extent possible, be elevated. Any portion of the structure not elevated to one foot above the one-hundred-year flood elevation as defined by § 375-21040C(1) of this chapter shall be floodproofed.

(g) All new construction and substantial improvements that are fully enclosed below the lowest floor are usable solely for parking of vehicles, the building access or storage shall have permanent openings designed to allow the entry and exit of floodwaters in accordance with the provisions of this chapter and the Federal Emergency Management Agency.

(h) All authorized new residential structures shall have the lowest floor (including basement) elevated to one foot above the one-hundred-year flood elevation as defined by this chapter.

(i) The development of a new manufactured home park or subdivision or the expansion of an existing manufactured home park or subdivision shall not be permitted within East Lampeter Township.

(4) Floodproofing. Where floodproofing is authorized by § 375-21040 of this chapter it shall be done according to the standards and provisions for floodproofing, as contained in "Flood-Proofing Regulations" published by the United States Army Corps of Engineers, (June 1972 and as subsequently amended) where such standards and provisions do not conflict with other provisions of this chapter. Where reference is made in floodproofing regulations to the "RFD" (Regulator Flood Datum) it shall be interpreted to mean the one-hundred-year flood elevation as defined by this section of this chapter. The floodproofing of new residential structures is specifically prohibited.

(5) Fill. If fill is to be utilized as part of the construction activities or site improvements, it shall:

(a) Extend laterally at least 15 feet beyond the building line from all points;

(b) Consist of soil or small rock materials only; sanitary landfills shall not be permitted;

(c) Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;

(d) Be no steeper than one vertical to two horizontal, feet unless substantiated data, justifying steeper slopes are submitted to, and approved by the floodplain administrator; and

(e) Be used to the extent to which it does not adversely affect adjacent properties.

(6) Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

(7) Water and sanitary sewer systems.

(a) All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.

(b) Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

(c) All new on-lot sanitary sewage treatment and disposal facilities shall be prohibited within the Floodplain Overlay District.

(d) Repairs to existing on-lot sanitary sewer systems shall not be located within any identified floodplain area except in strict compliance with all local and state regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.

(e) The design and construction provisions of the UCC and FEMA No. 348, Protecting Building Utilities From Flood Damages and The International Private Sewage Disposal Code, shall be utilized.

(8) Other utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood. In addition, the provisions specified under § 375-21040G(4) of this chapter shall apply.

(9) Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.

(10) Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not specifically prohibited as referenced under § 375-21040J(18) of this chapter shall be stored at or above the regulatory flood elevation or flood proofed to the maximum extent possible.

(11) Anchoring.

(a) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

(b) All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

(12) Floors, walls and ceilings.

(a) Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.

(b) Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant.

(c) Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.

(d) Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.

(13) Paints and adhesives.

(a) Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.

(b) Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

(c) All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a marine or water-resistant paint or other finishing material.

(14) Electrical components, mechanical equipment and fuel supply systems.

(a) Electrical distribution panels shall be at least three feet above the base flood elevation.

(b) Separate electrical circuits shall serve lower levels and shall be dropped from above.

(c) 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.

(d) All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.

(15) Agricultural standards.

(a) 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.

(b) Within the Floodplain Overlay District, a cover crop, such as annual ryegrass, is required whenever the land is not being tilled for major crops.

(c) Livestock shall not be confined in pastures or other enclosures located entirely within the Floodplain Overlay District.

(d) Within the Floodplain Overlay District, feedlots are prohibited.

(16) Uniform Construction Code coordination. The standards and specifications contained 34 Pa. Code (Chapters 401 through 405), as amended and not limited to the following provisions shall apply to the above and other sections and subsections of this chapter, to the extent that they are more restrictive and/or supplement the requirements of this chapter.

(a) International Building Code (IBC) 2003 or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.

(b) International Residential Building Code (IRC) 2003 or the latest edition thereof: Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.

N. Building permits.

(1) Within the Floodplain Overlay District, building permits shall be required for all proposed development, construction, reconstruction, placement, replacement, expansion, renovation, extension, repair, maintenance, 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.

(2) Every building permit application for work or uses within the Floodplain Overlay District shall include or be accompanied by all information necessary for the Zoning Officer to determine that the proposal meets all the provisions of this chapter.

(3) The following information is specifically required to accompany all permit applications involving site improvements and structures within the Floodplain Overlay District:

(a) Name and address of applicant.

(b) Site location including street address and location map.

(c) Name and address of landowner on which proposed construction is to occur.

(d) Name and address of contractor.

(e) The elevation (in relation to mean sea level) of the lowest floor (including basement).

(f) Whether or not the structure includes a basement.

(g) If the structure has been floodproofed, the elevation (in relation to the mean sea level) to which the structure was floodproofed.

(h) Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred.

(i) Listing of other permits required.

(j) A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.

(k) Other pertinent information or documentation requested by the Zoning Officer.

(4) If any proposed construction or development activity is located entirely or partially within any identified floodplain area, the applicant shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:

(a) All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;

(b) All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and

(c) Adequate drainage is provided so as to reduce exposure to flood hazards.

(d) Structures will be anchored to prevent floatation, collapse, or lateral movement.

(e) Building materials are flood-resistant.

(f) Appropriate practices that minimize flood damage have been used.

(g) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.

(5) The applicant shall file the following information, plus any other pertinent information required by the Zoning Officer in order to verify compliance with the Floodplain Overlay District:

(a) A completed permit application.

(b) A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:

[1] North arrow, scale, and date;

[2] Topographic contour lines;

[3] The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;

[4] The location of all existing streets, drives, and other accessways; and

[5] The location of any existing bodies of water or watercourses, identified floodplain areas, and information pertaining to the floodway, and the flow of water, including direction and velocities.

(c) Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:

[1] The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988.

[2] The elevation of the base flood.

[3] Supplemental information as may be necessary under the Uniform Construction Code and/or International Building Code.

(d) If required by the Zoning Officer, the following data and documentation shall be submitted with the permit application:

[1] Information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood; and

[2] Detailed information concerning any proposed floodproofing measures and corresponding elevations.

[3] Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development or site improvements will not increase the base flood elevation more than one foot at any point.

[4] A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood.

[5] Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.

[6] Detailed information needed to determine compliance with storage and development that may endanger human life.

[7] The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."

[8] Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.

(e) Where floodproofing is proposed to be utilized for a particular structure, the building permit application shall be accompanied by a document certified by a licensed professional engineer registered by the Commonwealth of Pennsylvania or a licensed professional architect registered by the Commonwealth of Pennsylvania certifying that the floodproofing methods used meet the provisions of specified by this chapter and the Uniform Construction Code, which shall be adequate to withstand the flood depths, pressures, velocities, impact, and uplift forces, and other factors associated with the one-hundred-year flood as defined by this chapter and the Uniform Construction Code, and indicating the specific elevation (in relation to mean sea level) to which such structure is floodproofed.

(6) A copy of all plans and applications for proposed construction or other improvements within the Floodplain Overlay District to be considered for approval may be submitted by the Zoning Officer to any other professional consultants and/or agency for review and comment.

(7) Permits shall be accompanied by an application fee that shall be made payable to East Lampeter Township.

O. Technical requirements.

(1) No application for a permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:

(a) Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that:

[1] The structure will survive inundation by waters of the base flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the base flood elevation.

[2] The lowest floor (including the basement) will be elevated to at least 1 1/2 feet above the base flood elevation.

[3] The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the base flood.

(b) Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.

(2) Alteration or relocation of watercourse.

(a) No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have been first obtained from the Pennsylvania Department of Environmental Protection.

(b) No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.

(c) In addition, the Federal Emergency Management Agency, Pennsylvania Emergency Management Agency and Pennsylvania Department of Community and Economic Development, shall be notified prior to any alteration or relocation of any watercourse.

(3) Technical or scientific data shall be submitted to East Lampeter Township and the Federal Emergency Management Agency of at least six months prior to start of any new construction, development, or other activity resulting in changes in the base flood elevation. The situations when a letter of Map Revision or a Conditional Letter of Map Revision are required are:

(a) Any development that causes a rise in the base flood elevations within the floodway; or

(b) Alteration or relocation of a stream (including, but not limited to, installing culverts and bridges).

(4) Base flood elevation data shall be provided for subdivision or other land development proposals that exceed 50 lots or five acres of land area.

(5) Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this chapter and any other applicable codes, ordinances and regulations.

P. Boundary changes.

(1) Floodplain boundary. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or professional documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency (FEMA).

(2) Municipal review. All technical or scientific data shall be submitted to East Lampeter Township and the Federal Emergency Management Agency at least six months prior to start of any new construction, development, or other activity resulting in changes in the base flood elevation.

(3) Jurisdictional boundary. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, East Lampeter Township shall review flood hazard data affecting the lands subject to boundary changes. East Lampeter Township shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes as per state and feral requirements.

Q. Municipal liability.

(1) The lawful granting of a permit or the making of any other administrative decision under the provisions of this chapter shall not constitute a representation, guarantee, or warranty of any kind by East 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 of this chapter.

(2) There area no assurances that lands not included in the Floodplain Overlay District are now or ever will be free from floodplain or damage control.

(3) The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.

(4) This chapter shall not create liability on the part of East Lampeter Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made in accordance with this chapter.

R. Enforcement, appeals and penalties.

(1) East Lampeter Township shall enforce the provisions specified by the Floodplain Overlay District in accordance with the provisions of this chapter. The provisions for enforcement are further specified under § 375-25040 of this chapter.

(2) All appeals shall be considered in accordance with the provisions of § 375-25120 of this chapter.

(3) All penalties shall be considered in accordance with the provisions specified under § 375-25140 of this chapter.

S. Severability and discrepancy clause. If any section, paragraph, sentence, clause or phrase of § 375-21040 of this chapter shall be declared unconstitutional, illegal or invalid for any reason, whereas, such a decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect, and for this purpose the provisions of this chapter are hereby declared severable.

T. Municipal enactment. The provisions of § 375-21040 of this chapter have been enacted in accordance with the provisions of East Lampeter Township and the Federal Emergency Management Agency. The municipal enactment provisions endorsed by the Board of Supervisors are contained under Article XXVI of this chapter.

§ 375-21050 Historic Resource Overlay District.

A. Purpose. The Historic Resource Overlay District shall be an overlay to the underlying zoning districts of East Lampeter Township. The purpose of the Historic Overlay District is outlined as follows:

(1) To provide the means that East Lampeter Township can protect and preserve historic resources.

(2) To initiate a process of public and technical review prior to the demolition or relocation of historic structures.

(3) To provide alternatives generally unavailable to uses other than historic resources as a means of encouraging their preservation and use.

(4) To implement the goals, objectives and recommendations of the Comprehensive Plan.

B. Application.

(1) The provisions of the Historic Resource Overlay District are intended to establish an overlay zone which is applicable to historical resources within all zoning districts established by this chapter. To the extent that the provisions of this section are more specific and shall supersede conflicting provisions within other provisions of this chapter and all other ordinances of East Lampeter Township. However, all other provisions of this chapter and all other ordinances of East Lampeter Township shall remain in full force.

(2) The provisions for the Historic Resource Overlay District contain technical and reference terms that are further defined under § 375-2020 and § 375-21050 of this chapter.

(3) The Historic Resource Overlay District imposes a conditional use review process for the proposed demolition, relocation, or reuse of historic resources in accordance with the provisions of this chapter.

(4) In addition to the provisions specified for the Historic Resource Overlay District by this chapter, the provisions established by the state and federal agencies with jurisdiction shall apply.

C. Historic resources. For the purposes of this chapter, the following terms are hereby described and defined:

(1) The term "historic resources" shall include a building or structure, whereas because of its local, state or national significance is considered as a historical resource. The historical resources shall include those identified or documented by: The National Register of Historical Places; the Pennsylvania Historical and Museum Commission; and/or identified in the Comprehensive Plan.

(2) The term an "historic resources" or "historic site" shall include property that contains an historic structure as specified under this section of this chapter.

D. Demolition or relocation of historic resources.

(1) No historic resource shall be demolished or relocated until the applicant has complied with the provisions established by East Lampeter Township and the Commonwealth of Pennsylvania.

(2) Prior to the application for demolition and relocation of a historic resource, the applicant shall be required to comply with the procedural requirements established by the Historic Preservation Trust of Lancaster County (HPTLC). As part of this process the applicant shall provide East Lampeter Township and the HPTLC with the following information that may be available for the historic resource:

(a) Historic deeds, surveys and site plans of the subject property;

(b) Current and historic photos of the property; and

(c) A description of the historic reasons why the historic resource cannot accommodate a permitted use and the demolition is warranted;

(d) The applicant shall notify the East Lampeter Zoning Officer of any meetings relative to the demolition and relocation of the historic resource.

E. Permitted uses of historic resource.

(1) Notwithstanding the uses permitted by right, special exception and/or conditional use within each respective underlying zoning district listed elsewhere within this chapter, an historic resource may, by conditional use, be adapted for any use listed in the following § 375-21050E(2) of this chapter. Approval of the use of an historic resource shall be conditioned based upon the ongoing status of the historic resource. If the Board of Supervisors determines that the subject property no longer qualifies for designation as an "historic resource," the permitted use and redevelopment options specified under this section shall not apply. The following guidelines shall apply:

(a) The proposed use will enable the preservation, restoration or rehabilitation of the historic resource. The applicant is required to submit expert evidence that any alterations, improvements, extensions, additions or other modifications to the historic site will be accomplished in a manner that does not jeopardize the historic status of the site and/or its structures.

(b) Any use permitted under § 375-21050E(2) of this chapter shall comply with the area, bulk and dimensional requirements of the most restrictive zoning district in which the use is permitted as a matter of right.

(2) The following uses of an historical resource shall be permitted by conditional use, subject to the specific criteria specified under Article XXIII (Supplemental Regulations) of this chapter and any other regulations listed with the following respective uses:

(a) Bed-and-breakfast establishment, subject to the provisions specified under § 375-23110 (bed-and-breakfast establishment) of this chapter.

(b) Medical, dental, vision care and counseling clinics, subject to the provisions specified under § 375-23470 (medical, Dental, vision care and counseling clinic) of this chapter.

(c) Museum, exclusively for the display of artistic, historic or cultural items and activities that are unique to the community, subject to the provisions specified under § 375-23510 (museum) of this chapter. Demonstration of unique manufacturing heritage of the community (e.g., quilting, blacksmithing, woodworking, soap making or food preparation) may be permitted as an accessory use when:

[1] The gross floor area used for both demonstration and sales is no greater than 5% of the total museum property, up to 10,000 square feet;

[2] The area for associated sales of goods and services is located adjacent to the demonstration area and is no greater than two times the demonstration area; and

[3] Access to the demonstration area is only through the entrance to the museum.

(d) Office for administrative, business, executive, professional and government uses, subject to the provisions specified under of § 375-23540 (office) of this chapter.

(e) Personal service facility containing no drive-through service lanes, subject to the provisions specified under § 375-23570 (personal service facility) of this chapter. A tanning salon shall be excluded as a personal service establishment.

(f) Places of worship, subject to the provisions specified under § 375-23580 (places of worship) of this chapter.

(g) Restaurants containing no drive-through service lanes, subject to the provisions of § 375-23680 (restaurants with no drive-through service lanes) of this chapter and provided that the primary orientation of the facility is for all food to be served and consumed in the building where prepared or on a patio which is specifically designed for this purpose. Outdoor seating is permitted, subject to the following criteria:

[1] The outdoor seating area is situated and designed so as not to be adversely impacted by potential nearby adjoining uses, nor to adversely impact nearby uses;

[2] The outdoor seating area shall be accessory to the principal interior seating accommodations;

[3] During use, the outdoor seating area shall be continuously supervised by the owner or an employee of the restaurant;

[4] Any exterior lighting serving the outdoor seating area shall be designed and operated so as not to constitute a nuisance to adjoining properties. All such exterior lighting shall not be illuminated after 10:00 p.m.;

[5] Any exterior music serving such outdoor seating area shall not be not be detected at the property line. All such exterior music shall not be transmitted or played after 10:00 p.m.;

[6] No live music or entertainment shall be permitted within the outdoor seating area or any other exterior areas of the restaurant;

[7] The applicant shall furnish and implement a working plan for the continuous cleanup of litter and debris that may result from such outdoor seating; and

[8] All exterior seating shall be removed during seasons when not in use.

(h) Retail bakery and confectioners containing no drive-through service lanes, subject to the provisions specified under § 375-23690 of this chapter.

(i) Retail craft store with subordinate manufacturing or assembly services, subject to the provisions specified under § 375-23700 of this chapter.

(j) Retail sales containing no drive-through service lanes, subject to the provisions specified under § 375-23700 of this chapter.

(k) Townhouses and multifamily dwellings.

(l) Other uses that are compatible with the surrounding area, to enable the preservation, restoration or rehabilitation of that property, as determined acceptable by the Board of Supervisors as part of the conditional use application.

(m) Accessory uses customarily incidental to the above principal uses subject to the applicable regulations listed with each respective principal use.

§ 375-21060 Commercial Redevelopment Overlay District.

A. Purpose. The Commercial Redevelopment Overlay District shall be an overlay to the underlying Regional Commercial (C-3) Zoning District of East Lampeter Township. The purpose of the Commercial Redevelopment Overlay District is outlined as follows:

(1) To acknowledge the trend of businesses downsizing physical retail locations, resulting in an increased number of vacant retail spaces.

(2) To accommodate the continued evolution of the retail sales industry.

(3) To encourage innovation and to promote flexibility, economy and ingenuity in the redevelopment of vacant or partially vacant retail spaces.

(4) To initiate a process of public and technical review prior to the redevelopment of vacant or partially vacant retail spaces.

(5) To implement the goals, objectives and recommendations of the Comprehensive Plan.

(6) To promote and facilitate general adherence to the Township's Lincoln Highway Streetscape Plan.

B. Application. The provisions of the Commercial Redevelopment Overlay District are intended to establish an overlay zone which is applicable to qualifying underutilized shopping centers, as hereinafter defined, within the C-3 Zoning District. To the extent that the provisions of this section are more specific, they shall supersede conflicting provisions within other sections of this chapter and all other ordinances of East Lampeter Township. However, all other provisions of this chapter, including the general regulations contained in Article XXII, and all other ordinances of East Lampeter Township shall remain in full force and effect.

C. Underutilized shopping center. For purposes of this section, an "underutilized shopping center" shall be defined as a shopping center (regardless of whether it qualifies as a regional impact development) which meets the following requirements:

(1) Contains a minimum of 50 acres, which may be comprised of more than one lot, provided that the lots are adjoining, were developed comprehensively, and are under single ownership (the "development tract"). Notwithstanding the foregoing, separately owned lots that were developed as a part of the underutilized shopping center may be included in the development tract, provided that the current owners of such lots consent to the inclusion of the lots in the master plan (as detailed in § 375-21060H), or provided that the lots are connected to the remainder of the development tract by way of joint easements or shared access drives.

(2) Has frontage along S.R. 30; and

(3) In which at least 35% of the gross retail sales area has been vacant for a minimum of six months within the past year, which the applicant shall demonstrate.

D. Permitted uses.

(1) In addition to the uses permitted currently permitted by right, special exception, or conditional use within the C-3 Zoning District, and subject to the master development plan requirement set forth in § 375-21060H below, the following uses shall be permitted by right within the Commercial Redevelopment Overlay District:

(a) Convenience store, subject to the provisions specified under § 375-23200 of this chapter.

(b) Day-care facility as a principal or accessory commercial use, subject to the provisions specified under § 375-23220 of this chapter.

(c) Dry cleaner and/or laundromat, subject to the provisions specified under § 375-23230 of this chapter.

(d) Financial institution containing a maximum of two drive-through service lanes, subject to the provisions specified under § 375-23280 of this chapter.

(e) Grocery store as a principal or accessory use, subject to the provisions specified under § 375-23340 of this chapter.

(f) Library, subject to the provisions specified under § 375-23430 of this chapter.

(g) Medical, dental, vision care and/or counseling clinic, subject to the provisions specified under § 375-23470 of this chapter.

(h) Multifamily dwellings containing apartments, not subject to the provisions specified under § 375-23490 of this chapter, but subject to the special requirements for residential uses within the Commercial Redevelopment Overlay, as set forth in § 375-21060E below.

(i) Office uses, subject to the provisions specified under § 375-23540 of this chapter.

(j) Parking compound or commercial garage, subject to the provisions specified under § 375-23310 of this chapter.

(k) Residential retirement and/or care facility, subject to the provisions specified under § 375-23670 of this chapter.

(l) Townhouses, not subject to the provisions specified under § 375-23830 of this chapter, but subject to the special requirements for residential uses within the Commercial Redevelopment Overlay, as set forth in § 375-21060E below.

E. Special requirements for residential uses.

(1) A maximum of 40% of the total gross acreage of the underutilized shopping center may be designated for residential use. For buildings where residential uses are located above first floor commercial uses, the footprint of the building shall be considered in calculating the percentage of the site that may be allocated to residential uses.

(2) The maximum residential density within the Commercial Redevelopment Overlay is 12 dwelling units per acre; the minimum residential density within the Commercial Redevelopment Overlay is four dwelling units per acre.[1] Density shall be calculated based on the gross acreage of the underutilized shopping center. Residential retirement and/or care facilities shall not be included for purposes of calculating minimum or maximum residential density or the percentage of the site which may be allocated to residential uses.

[1] NOTE: Any underutilized shopping center developed pursuant to the Commercial Redevelopment Overlay must incorporate residential dwelling units at a minimum density of four dwelling units per acre.

(3) Dwelling units within a development utilizing the Commercial Redevelopment Overlay shall be linked with commercial uses by sidewalks, crosswalks, or pathways to facilitate safe and convenient pedestrian movement.

F. Regional impact development. A development utilizing the Commercial Redevelopment Overlay, even if it has the capability to generate 500 or more vehicle trips during any peak hour of operation, shall not require conditional use approval, nor shall it be subject to the provisions specified under § 375-23640 of this chapter, provided that the number of peak hour trips generated by the redevelopment is projected to be less than or equal to the number of peak hour trips planned for when the underutilized shopping center was initially constructed, plus 10%.

G. Area, dimensional and height requirements. The area, dimensional and height requirements applicable to the C-3 Zoning District as set forth in § 375-10030 of this chapter shall apply to the Commercial Redevelopment Overlay District, except as modified below:

(1) The maximum impervious coverage within the Commercial Redevelopment Overlay shall be 70%, however, impervious coverage may be increased above 70% if the applicant can demonstrate that proposed on-site stormwater facilities can manage the increased impervious coverage.

(2) All setbacks shall be measured from the perimeter of the development tract and will not apply to individual lots within the development tract.

(3) The minimum side yard setback shall be 25 feet, regardless of the zoning designation for the adjacent property.

(4) The minimum rear yard setback shall be 30 feet, regardless of the zoning designation of the adjacent property.

H. Master development plan requirement.

(1) In order to ensure that development using the Commercial Redevelopment Overlay is compatible with other planned development within the C-3 Zoning District, an applicant utilizing the Commercial Redevelopment Overlay must prepare and submit a master development plan to the Township Planning Commission and the Township Board of Supervisors before submitting any land development plans for review. The master development plan shall be submitted and reviewed in the same manner as a sketch plan under Chapter 368, Subdivision and Land Development, as amended.

(2) The master development plan shall contain, at a minimum, the following:

(a) A map showing the location of the site.

(b) A listing and description of all existing structures and uses.

(c) A conceptual plan showing the proposed overall development scheme, including a description of the types of uses; the size, height and area of each planned structure; the provisions for parking; and the proposed streets, public ways, bike facilities, and sidewalks or pathways to facilitate pedestrian movement.

(d) A description of the manner in which each planned structure will relate to the integrated redevelopment of the underutilized shopping center.

(e) Sample renderings of proposed buildings or other exhibits depicting the proposed architectural theme for the project; provided, however, that the Board of Supervisors will not control or approve the architectural concept. The applicant may make changes to the proposed architectural theme, provided that the ultimate design is generally consistent with what was originally presented during the master development plan process. To the extent the proposed changes modify the proposed architectural concept such that it is no longer consistent with the master development plan, the applicant must update the master development plan in accordance with § 375-21060H(3).

(3) Updates and changes to master development plan.

(a) The applicant shall submit an update of the master development plan every three years, unless the applicant indicates that there are no changes from the most recent previously submitted plan.

(b) If, after submitting the initial master development plan for review, the applicant proposes changes to the redevelopment of the underutilized shopping center that will substantially impact the S.R. 30 streetscape, the applicant must submit a revised master development plan to the Township Planning Commission and the Township Board of Supervisors before any land development plan depicting the proposed changes will be approved.

(c) If, after submitting the initial master development plan for review, the applicant proposes changes to the redevelopment of the interior of the underutilized shopping center that will not substantially impact the S.R. 30 streetscape or pedestrian, bike or vehicular connections to the streetscape, the applicant may submit a land development plan depicting the proposed change, or apply for any zoning or building permits required to facilitate the proposed change, without updating the master development plan. Such changes must comply with the requirements of the Commercial Redevelopment Overlay and this chapter and shall be noted when the master development plan is updated in accordance with § 375-21060H(3)(a).