[Ord. No. 2022-01, 1/10/2022]
This Part recognizes that certain activities without proper safeguards can contaminate groundwater supplies, and that these concerns are most serious in certain geographic areas around public water supply wells. These provisions are intended to protect the water supplies of the Manheim area, Penn Township and Lititz area public water systems.
[Ord. No. 2022-01, 1/10/2022]
1. 
The SW2 Source Water Protection Overlay Zoning District 2 and SW3 Source Water Protection Overlay Zoning Districts are hereby created, as shown on the Source Water Protection Overlay Districts Map.[1] The Overlay Districts shall establish additional requirements beyond the requirements that apply within the underlying zoning district, but shall not allow any uses, structures or development beyond what is allowed in the underlying zoning district. Where a provision of the SW2 or SW3 Overlay District and another Township ordinance apply to the same matter and may conflict, the regulation that is more restrictive upon use or development shall apply.
2. 
The SW2 and SW3 Overlay Districts shall apply to all new or expanding uses, structures and development, and to any proposed changes of uses.
3. 
There is not an SW1 District, because that area is mainly protected in public ownership.
[Ord. No. 2022-01, 1/10/2022]
1. 
For the purposes of this Part 10, the following terms shall have the following meanings:
AQUIFER
A geological formation, group of formations or part of a formation composed of rock, sand or gravel, capable of storing and yielding groundwater to wells and springs.
CONTAMINATION
An impairment of water quality by chemicals, radionuclides, biological organisms, or other extraneous matter, whether or not it affects the potential or intended beneficial use of water.
DEVELOPMENT
The carrying out of any construction, reconstruction, alteration of surface or structure or change of land use or intensity of use.
FACILITY
Something that is built, installed, or established for a particular purpose.
GREY WATER
All domestic wastewater except toilet discharge water.
HAZARDOUS MATERIAL
A material which is defined in one or more of the following categories:
A. 
IGNITABLEA gas, liquid or solid which may cause fires through friction, absorption of moisture, or which has low flash points. Examples: white phosphorous and gasoline.
B. 
CARCINOGENICA gas, liquid, or solid which is normally considered to be cancer causing or mutagenic. Examples: PCBs in some waste oils.
C. 
EXPLOSIVEA reactive gas, liquid or solid which will vigorously and energetically react uncontrollably if exposed to heat, shock, pressure or combinations thereof. Examples: dynamite, organic peroxides and ammonium nitrate.
D. 
HIGHLY TOXICA gas, liquid, or solid so dangerous to man as to afford an unusual hazard to life. Example: chlorine gas.
E. 
MODERATELY TOXICA gas, liquid or solid which through repeated exposure or in a single large dose can be hazardous to man.
F. 
CORROSIVEAny material, whether acid or alkaline, which will cause severe damage to human tissue, or in case of leakage might damage or destroy other containers of hazardous materials and cause the release of their contents. Examples: battery acid and phosphoric acid.
PRIMARY CONTAINMENT FACILITY
A tank, pit, container, pipe or vessel of first containment of a liquid or chemical.
RELEASE
Any unplanned or improper discharge, leak, or spill of a potential contaminant including a hazardous material.
SECONDARY CONTAINMENT FACILITY
A second tank, catchment pit, pipe, or vessel that limits and contains liquid or chemical leaking or leaching from a primary containment area; monitoring and recovery are required.
SPILL RESPONSE PLANS
Detailed plans for control, recontainment, recovery, and cleanup of hazardous material releases, such as during fires or equipment failures.
[Ord. No. 2022-01, 1/10/2022]
1. 
Additional Regulations Within SW2.
A. 
Special Exception Uses. Where any of the following uses are allowed in the underlying zoning district, special exception approval shall be required within SW2. As an additional requirement for special exception approval, the applicant shall provide credible evidence that sufficient measures will be used to avoid and contain unpermitted releases or spills of potential contaminants of surface waters and groundwater. If a use is normally permitted by right in the underlying zoning district, then the only criteria that shall apply for special exception approval shall be compliance with this Part 10.
(1) 
Auto repair garage, auto service station, auto body shop, trucking terminal, bus terminal or on-site dry cleaner.
(2) 
Industrial or manufacturing uses that involve use or storage of hazardous or toxic materials, beyond types and amounts typically found in a dwelling or retail store.
(3) 
Concentrated animal feeding operations or concentrated animal operations.
(4) 
Facilities involving the on-site fueling of motor vehicles, such as for company trucks.
(5) 
Fuel storage tanks, beyond fuel storage tanks of a capacity and type typically found in a dwelling or retail store.
B. 
Any agricultural, commercial or industrial facility involving the collection, handling, manufacture, use, storage, transfer or disposal of any potential contaminants of groundwater or surface water must have a suitable system to contain any spills, leaks or unauthorized releases. For example, activities involving the unloading of hazardous materials from trucks shall occur over an impervious surface material that is designed to contain any leaks. Hazardous materials shall not be allowed to flow into a floor drain in a way that would directly enter into a septic system or sewage system without a method to contain any spill. Containment systems shall be designed to be easily inspected. The Township may require that tanks or buried pipes carrying such materials have double walls, liners or alternative methods of protection approved by the Zoning Hearing Board.
C. 
All uses and facilities must adhere to applicable federal and state standards for storage, handling and disposal of any explosive, flammable, hazardous, toxic or radioactive materials.
D. 
An acceptable contingency plan must be prepared for preventing hazardous materials from contaminating the groundwater and surface water in the event of a vehicle crash, flood, fire, power failure, vandalism, equipment failure or similar event. Improvements shall be installed as needed to implement the contingency plan.
(1) 
As needed, an impervious dike, above the 100-year flood level and capable of containing 100% of the largest volume of storage, shall be provided with an overflow recovery catchment area.
(2) 
For fire control, plans shall include a safe firefighting procedure, with an effective containment of any hazardous runoff, and provisions for dealing safely with any other health and technical hazards that may be encountered by first responders in combating fires, explosions or leaks.
(3) 
For equipment failures, plans shall include but not be limited to a leak detection system with monitoring. An overfill prevention system shall be used for hazardous substance tanks.
(4) 
The Township may require the installation of oil/water separators in inlets to address any potential spills.
2. 
Additional Regulations that Apply in SW2 and SW3 Overlay Districts.
A. 
Prohibited Uses. The following uses are specifically prohibited in the SW2 and SW3 Overlay Districts:
(1) 
Junkyard, vehicle wrecking or salvage facility.
(2) 
Solid waste disposal or processing facility.
(3) 
Mineral extraction.
(4) 
Underground wastewater injection well.
(5) 
Any use not permitted in the underlying zoning district.
(6) 
Natural gas well or oil well.
B. 
Notice. Where a special exception approval is required under this Part 10, or where a variance is requested to a requirement of this Part 10, the applicable public water supplier should be contacted and provided an opportunity to comment on the application prior to a decision by the Zoning Hearing Board.
C. 
See also § 27-327 regarding clean fill, capping of abandoned wells, and reporting of possible contamination. See also § 27-321 regarding disposal of dead animals.
D. 
All human cemeteries shall use burial vaults or grave liners that are designed to prevent groundwater contamination by funeral chemicals.
E. 
Animal manure shall be incorporated into the soil within the maximum time frame provided in the Pennsylvania Manure Management Program Technical Guide.
F. 
It shall be the responsibility of the property owner to properly repair any sinkhole in a timely manner to prevent surface water contaminants from entering directly into the groundwater.
G. 
The Township may require that a stormwater detention basin include a suitable liner if necessary to avoid sinkholes or groundwater contamination.
H. 
The Township may require any entity to show proof of compliance with federal and state regulations regarding fuel storage tanks.
I. 
See also regulations in the Township floodplain regulations for the storage of hazardous substances within the 100-year floodplain.
J. 
If land within SW2 or SW3 is subdivided, the Township may require that the subdivision or land development plan and/or each deed include language stating that the property is within a Source Water Protection Zone, and to notify persons that additional Township regulations apply to protect water quality.
[Ord. No. 2022-01, 1/10/2022]
Nothing in this Part shall be construed to imply that the Township or its consultants, staff and officials have accepted any of the responsibility of the owner, operator or others to prevent contamination of groundwater or surface water.
[Ord. No. 2022-01, 1/10/2022]
The applicant shall show the boundary of the Source Water Protection Overlay District on any subdivision, land development or zoning application to the Township. The Zoning Officer shall have the authority to determine the exact boundary, based upon the scale of the map.