Pequea Township

ARTICLE 4

F - FLOODPLAIN DISTRICT

Section 400 Purpose and Intent

A) General. The Floodplain District includes the areas of

Pequea Township which are subject to periodic inundation by

floodwaters. This inundation may result in loss of life and

property, health and safety hazards, disruption of commerce

and governmental services, extraordinary public expenditures

for flood protection and relief, or impairment of the tax

base, health, safety, and general welfare.

In the interest of public health, safety, and welfare, the

regulations of the Floodplain District are designed and

intended to protect floodplain areas subject to and necessary

for floodwaters, to permit and encourage the retention of

open land uses so located and utilized as to constitute a

harmonious and appropriate part of the physical development

of the Township, and to guide incompatible development into

more appropriate zoning districts.

B) Specific Intent. In advancing these principles and the

general purposes of this Ordinance, the specific intent of

this District includes the following:

1) To combine with present regulations, certain restrictions

necessary for the regulation of land uses within the

floodplains for the general health, safety, and welfare

of the community.

2) To prevent the erection of structures in areas unfit for

human usage by reason of danger from flooding.

3) To minimize danger to public health by protecting water

quality and promoting safe and sanitary drainage.

4) To control development which, acting alone or in combination

with similar development will create and impose

additional unjustified burdens on the community, its

governmental units, and its individuals for the costs of

flood control works, rescue, relief, emergency preparedness

measures, sandbagging, pumping, and temporary dikes

or levees, as well as business interruptions, factory

closings, disruptions of transportation routes, and

interference with utility services, as well a other

factors that result in loss of wages, sales, and production

and generally adversely affect the economic well

being of the community.

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5) To maintain a stable tax base through the preservation or

enhancement of property values adjacent to the

floodplain, as well as by preventing the creation of

future flood blighted areas on floodplains.

6) To permit certain uses which can appropriately be located

in the floodplain as herein defined without impeding the

flow of floodwaters or otherwise causing danger or damage

to life or property at, above, or below their locations

in the floodplain.

7) To permit certain uses in the floodplain in ways that

preserve natural conditions conducive to the maintenance

of ecological balance, wildlife and productive wildlife

habitat, marine life and productive marine habitat, other

healthy biotic systems, scenic and natural values,

constant rates of water flow throughout the year, and

areas for groundwater absorption for sustaining the

subsurface water supply.

8) To provide sufficient unimpeded drainage courses and

prohibit the restriction of their carrying capacities so

as to safely carry abnormal flows of storm water from

periods of heavy precipitation.

9) To encourage the utilization of appropriate construction

practices which will minimize flood damage in the future.

10) To prevent the placement of materials which might be

swept by floods onto other lands or downstream to the

injury of others.

11) To provide for public awareness of flooding potential and

to discourage and protect unwary individuals from buying

land and structures which are unsuited for intended

purposes because of flood hazards.

12) To regulate uses, activities, development, and structures

which, acting alone or in combination with existing or

future uses, activities, development, or structures, will

cause increases in flood heights, velocities, and

frequencies.

13) To provide areas for the natural deposition of

sediment.

14) To protect people and property in other municipalities

within the same watershed from the impact of improper

development in floodplains and the consequent increased

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potential for flooding.

Section 401 Abrogation and Greater Restrictions

This Article supersedes any other conflicting provisions which

may be in effect in identified floodplain areas. However, the

existing provisions of any other applicable ordinance 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 Ordinance, the more

restrictive shall apply.

Section 402 Relationship to Other Articles

The provisions of this Article create an overlay zoning district

which is applicable within floodplains in all other zoning

districts established in this Ordinance. To the extent the

provisions of this Article are applicable and more restrictive,

they shall supersede conflicting provisions within all other

Articles of this Ordinance and all other ordinances of Pequea

Township. However, all other provisions of all other Articles of

this Ordinance and all other ordinances of the Township shall

remain in full force.

Section 403 Lands in District Defined

The Floodplain District is hereby defined to include all of the

following lands within Pequea Township:

A) All those areas identified as being subject to the 500-Year

flood in the most recent edition of the Flood Insurance Study

and accompanying the Flood Insurance Rate Map prepared or to

be prepared for Pequea Township, Lancaster County, Pennsylvania

by FEMA. Floodplain areas identified in the Flood

Insurance Study (FIS) where no elevation or floodway

information has been provided, such information that may be

available from other Federal, State, or other acceptable

source should be used.

B) All flood prone areas as defined in Article 2 of this

Ordinance.

C) All land which has been flooded by floods of record.

D) All land identified as Zone A in the FIS and accompanying FIS

Rate Maps. This includes also all land adjacent to the

Conestoga Creek and Pequea Creek.

E) All additional land delineated under this Subsection E.

Where the complete and definitive information necessary

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to delineate the boundary of the Floodplain District is

not available to the Zoning Officer in his consideration

of an application for a permit, he shall require such onsite

studies and/or surveys to be made as are necessary

to fix the precise boundaries of the Floodplain District

as defined in Section 402 of this Article. Such studies

and surveys shall be signed, sealed, and certified by an

engineer. Such studies and surveys shall use accepted

hydrologic and hydraulic engineering techniques and shall

be submitted by the Zoning Officer to the Township

Engineer and the USDA Soil Conservation Service, who

shall have 30 days to comment. Any property owner whose

property is so studied and/or surveyed to justify an

application for a permit shall pay all costs of these

studies and surveys, except for work done under retainer

to or on behalf of the Township.

F) All land within the 500-Year flood boundaries of all

watercourses, including but not limited to all land which is

so identified by the United States Geological Survey or the

United States Army Corps of Engineers.

The identified floodplain area may be revised or modified by the

Board of Supervisors where studies or information provided by a

qualified agency or person document the need for such revision.

Prior to any change, the Township shall obtain approval from the

FEMA Federal Insurance Administration.

Should a dispute concerning any boundary of the Floodplain

District arise, the initial determination of the Zoning Officer

may be appealed to the Zoning Hearing Board. The burden of proof

in such an appeal shall be on the property owner. All changes to

the boundaries of the Floodplain District which affect areas

identified in this Section 403 are subject to the review and

approval of the FEMA Federal Insurance Administrator for

compliance with the Rules and Regulations of the National Flood

Insurance Program.

Section 404 Definitions

For the purpose of this Article, the following terms shall have

the meaning set forth in this Section. All terms not

specifically defined in this Section shall have the meaning set

forth in Article 2 or, if not defined in Article 2, shall be

interpreted in accordance with law.

Basement: Any area of the building having its floor below ground

level on all sides.

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Building: A combination of materials to form a permanent

structure having walls and a roof. All manufactured homes and

trailers to be used for human habitation shall be considered a

building for the purposes of this Article.

Completely Dry Space: A space which will remain totally dry

during flooding; the structure is designed and constructed to

prevent the passage of water and water vapor.

Development: Any man-made change to improved or unimproved real

estate, including but not limited to the construction,

reconstruction, renovation, repair, expansion, or alteration of

buildings or other structures; the placement of manufactured

homes; streets, and other paving; utilities; filling, grading and

excavation; mining; dredging; drilling operations; storage of

equipment or materials; and the subdivision of land.

Floodplain - A floodplain may be any one or a combination of:

a) That land which adjoins a river, stream, pond, lake, or

watercourse which is within fifty (50) feet from the banks

thereof.

b) A relatively flat or low land area adjoining a river, stream,

pond, lake, or watercourse which is subject to partial or

complete inundation during a 500-year design frequency storm.

c) An area subject to the unusual and rapid accumulation of

runoff or surface waters from any source.

Historic Structure: Any structure that is:

(i) Listed individually in the National Register of Historic

Places (a listing maintained by the United States Department

of the Interior) or preliminarily determined by the Secretary

of the Interior as meeting the requirements for individual

listing on the National Register;

(ii) Certified or preliminarily determined by the Secretary of

the Interior as contributing to the historical significance

of a registered historic district or a district

preliminarily determined by the Secretary to qualify as

a registered historic district;

(iii) Individually listed on a state inventory of historic

places in states with historic preservation programs

which have been approved by the Secretary of Interior; or

(iv) Individually listed on a local inventory of historic

places in communities with historic preservation programs

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that have been certified either:

(1) By an approved state program as determined by the

Secretary of the Interior or

(2) Directly by the Secretary of the Interior in states

without approved programs.

(v) Listed individually in Our Present Past 1985 prepared by the

Historic Preservation Trust of Lancaster County or any

supplement to such publication issued by the Historic

Preservation Trust of Lancaster County or otherwise

classified as an historic structure under Article 8 of this

Ordinance.

Identified Floodplain Area: The floodplain area specifically

identified in this Ordinance as being inundated by the five

hundred (500) year flood.

Lowest Floor: The lowest floor of the lowest fully enclosed

area, including basements. An unfinished, flood resistant

partially enclosed area, used solely for parking of vehicles,

building access, and incidental storage, in an area other than a

basement area is not considered the lowest floor of a building,

provided that such space is not designed and built so that the

structure is in violation of the applicable elevation design

requirements of this Ordinance.

Minor Repair: The replacement of existing work with equivalent

materials for the purpose of its routine maintenance and upkeep,

but not including the cutting away of any wall, partition or

portion thereof, the removal or cutting of any structural beam or

bearing support, or the removal or change of any required means

of egress, or rearrangement of parts of a structure affecting the

exitway requirements; nor shall minor repairs include addition

to, alteration of, replacement or relocation of any standpipe,

water supply, sewer, drainage, drain leader, gas, soil, waste,

vent, or similar piping, electric wiring or mechanical or other

work affecting public health or general safety.

Mobile Home: A transportable, single family dwelling intended

for permanent occupancy contained in one or more sections, built

on a permanent chassis, which arrives at a site completed and

ready for occupancy except for minor and incidental unpacking and

assembly operations and constructed so that it may be used with

or without a permanent foundation. The term includes

"

and similar vehicles which are placed on a site for more than one

hundred eighty (180) consecutive days.

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Mobile Home Park - A parcel or contiguous parcels of land which

have been so designated and improved to contain two (2) or more

mobile home lots or spaces for the placement thereon of mobile

homes, as defined in this Section to include

and travel trailers, recreational and similar vehicles, for nontransient

use.

New Construction: For the purposes of the floodplain

regulations, structures for which the start of construction

commenced on or after the effective date of the Pequea Township

Zoning Ordinance - 1992 and includes any subsequent improvements

thereto.

Recreational Vehicle: A vehicle which is (i) built on a single

chassis; (ii) not more than 400 square feet, measured at the

largest horizontal projections; (iii) designed to be selfpropelled

or permanently towable by a light duty truck; (iv) not

designed for use as a permanent dwelling but as temporary living

quarters for recreational, camping, travel or seasonal use.

Regulatory Flood Elevation: The five hundred (500) year flood

elevation plus a freeboard safety factor of two (2) feet.

Substantial Damage: Damage from any cause sustained by a

structure or by the cost of restoring the structure to its before-

damaged condition would equal or exceed fifty (50%) percent

or more of the market value of the structure before damage

occurred.

Substantial Improvement: Any reconstruction, rehabilitation,

addition, or other improvement of a structure, the cost of which

equals or exceeds fifty (50) percent of the market value of the

structure before the

This term includes structures which have incurred

damage

term does not, however, include either:

(1) Any project for improvement of a structure to correct existing

violations of state or local health, sanitary, or

safety code specifications which have been identified by the

local code enforcement official and which are the minimum

necessary to assure safe living conditions; or

(2) Any alteration of an

alteration will not preclude the structure’s continued

designation as an

Section 405 Permitted Uses

The following uses and no others are permitted in the Floodplain

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District, and they are permitted only if 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 DEP, and all other applicable provisions of

this Zoning Ordinance, and any other applicable local, state or

federal regulations:

A) Agriculture, horticulture, and forestry, all excluding any

structures, and excluding any grading or filling which would

cause any increase in flood heights or frequency.

B) Erosion and sedimentation control measures, facilities, and

related structures, provided no increase in flood heights or

frequency, unhealthful ponding, or other unsanitary conditions

shall occur.

C) Public and private recreational uses such as parks, swimming

areas (excluding swimming pools), play areas, picnic groves,

lawns, gardens, archery ranges, game farms, areas or clubs

for hunting, fishing, and/or boating (including marker or

anchor buoys), paved bicycle paths, and hiking and horseback

riding trails, all excluding any structures, and excluding

any grading or filling which would cause any increase in

flood heights or frequency.

D) Harvesting of any wild crop, such as marsh hay, ferns, moss,

berries, tree fruits and seeds, or wild rice, excluding any

plants appearing on the latest edition of the United States

List of Endangered and Threatened Plant Species maintained by

the United States Fish and Wildlife Service.

E) Activities related to the preservation of natural amenities,

including wildlife sanctuaries, nature preserves, woodland

preserves, botanical gardens, or arboretums, excluding any

structures, and excluding any grading or filling which would

cause any increase in flood heights or frequency.

F) Orchards.

G) Stream improvements whose sole purpose is to improve aquatic

life habitat, and which are approved by the Pennsylvania Fish

Commission and reviewed by the LCCD, and subject to the

provisions of Section 410(B)(3) of this Article.

H) One or two-strand fences, so long as all strands run in a

horizontal direction.

I) Picnic tables, park benches, fireplaces and grills, and

playground equipment, all anchored to prevent floatation.

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J) Farm ponds which are constructed in accordance with a

Conservation Plan reviewed by the LCCD and which do not

create any increase in flooding, and subject to the

provisions of Section 410(B)(3) of this Article.

K) Floodproofing and flood hazard reduction structures to

protect only lawfully existing and registered non-conforming

structures and lawfully existing and registered nonconforming

uses within structures.

L) Marker buoys.

Section 406 Special Exception Uses

A) The following uses in the Floodplain District may be

permitted only when the Zoning Hearing Board grants a special

exception as provided for herein and in Article 19, when

permitted by the underlying zoning district as permitted uses

or special exception uses, 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 DEP, and all other provisions of this

Ordinance; and any other local, state or federal regulations.

Accessory uses customarily incidental to any permitted uses

require a special exception.

1) Parking lots, loading areas, driveways, if they are

water-permeably surfaced, and if they do not promote any

of the listed problems of Section 408(M) of this Article

and its subparagraphs, except that parking lots are

designed or used for storage and parking lots for hotels,

motels, and other transient lodgings are prohibited.

2) Water oriented uses and structures such as docks, piers,

wharves, marinas, boat liveries, and boat launching

ramps.

3) Public utility facilities not under the exclusive

jurisdiction of the Pennsylvania Public Utility

Commission, subject to the conditions and restrictions

set forth in Sections 410(G) and 1951 of this Ordinance

which regulations, in this instance, shall be mandatory.

4) Fish hatcheries, including uncovered ponds and raceways,

which are approved by the Pennsylvania Fish Commission,

but excluding other structures.

5) Water monitoring devices.

6) Culverts, bridges, and approaches to public and private

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culverts and bridges which meet all of 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 DEP, if required.

d) Approval by the United States Army Corps of

Engineers, if required.

e) Approval by PennDOT, if required.

f) If approval by PennDOT is not required, the proposed

use must still meet all the appropriate minimum

design standards of PennDOT.

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 of the one hundred (100) year flood below

and through it without any upstream or downstream

increase in water surface elevation.

7) Campgrounds (excluding campsites and overnight camping)

subject to Section 1923.

8) Rest areas subject to Section 1905.

9) Signs permitted in this district, other than governmental

signs, must be approved by special exception.

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B) Standards and Criteria for Special Exceptions. In addition

to the provisions of Article 19, in hearing and deciding upon

special exceptions to be granted or denied under the provisions

of this Article, 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 frequency caused by

encroachments, is minimized.

2) That the danger that floodwaters or materials may be

swept onto other lands or downstream to cause injury to

others is minimized.

3) That a possibility of disease, contamination, and

unsanitary conditions, is minimized and especially that

any proposed water supply or sanitation systems are able

to prevent these problems.

4) That the susceptibility of any proposed use and its

contents to flood damage, the effect of such damage on

the individual owners, and the need for the effect of

floodproofing, are minimized.

5) That any proposed use provides a needed service to the

local community.

6) That any proposed use needs a waterfront or floodplain

location.

7) That there are no available alternate locations not

subject to flooding for the proposed use in the Township

or surrounding area.

8) That the proposed use is compatible with existing

development.

9) That the proposed use is consistent with any floodplain

management program for the area.

10) That the safety of access to the property in times of

flooding for ordinary and emergency vehicles is assured.

11) That the expected area, height, depth, velocity,

pressure, frequency, duration, rate of rise,

seasonability, and sediment, debris, and pollutant load

of floodwaters expected at the site is not inconsistent

with the proposed use.

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12) That the proposed activity will not unduly alter natural

water flow or water temperature.

13) That archeological or historic sites and structures,

endangered or threatened species of animals or plants,

unique geographic features, wildlife habitats, scarce

vegetation types, and other irreplaceable land uses will

not be degraded or destroyed or threatened.

14) That the natural, scenic, and aesthetic values at the

proposed site will be conserved.

15) That the danger, damage, and injury to all adjoining

properties on both sides of any watercourse, regardless

of municipality, is minimized. In this regard, any

proposal affecting an adjacent municipality shall be

submitted to that municipality’s planning commission and

governing body for review and comment by the applicant.

16) That the granting of the special exception will not

result in any of the following:

a) Increases in flood heights.

b) Additional threats to public safety.

c) Public expense (unless a municipal facility).

d) Creation of nuisances.

e) Fraud or victimization of the public.

f) Conflict with any laws or ordinances.

17) That the permit application is complete as per Sections

406(C), 411(C) and 411(E).

C) Special Exception Application Procedures.

1) All applications for special exceptions as designated in

the Section 406 of this Ordinance, shall be in writing,

on forms furnished by the Zoning Officer, and shall

contain the following information:

a) Name and address of the owner of the land on which

the proposed use is to occur.

b) Name and address of contractor.

c) Name and address of the applicatant if different

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than the property owner.

d) Site location of the proposed use.

e) Brief description of the proposed use and estimated

cost of construction.

f) Base Zoning District of property.

g) Tax Map Parcel Number of property.

h) Certificate of ownership of land and acknowledgement

of application signed and notarized.

i) All information required under Section 2203(D) of

this Ordinance, unless more stringent requirements

are found here.

2) All applications shall be submitted to include the

original forms and five (5) copies and shall be

accompanied by at least five (5) copies of each of the

following documents:

a) Certification from an engineer, architect or landscape

architect that the proposed construction has

been adequately designed to protect against damage

to two (2) feet above the five hundred (500) year

flood.

b) A statement, certified by an engineer, architect,

landscape architect or other qualified person which

contains a complete and accurate description of the

nature and extent of pollution that might possibly

occur from the development during the course of a

one hundred (100) year flood, including a statement

concerning the effects such pollution may have on

human life.

c) A statement, certified by an engineer or landscape

architect, which contains a complete and accurate

description of the effects the proposed development

will have on one hundred (100) year flood elevations

and flows.

d) A statement, certified by an engineer, architect or

landscape architect, which contains a complete and

accurate description of the kinds and amounts of any

loose buoyant materials or debris that may possibly

exist or be located on the site below the five

hundred (500) year flood elevation and the effects

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such materials and debris may have on one hundred

(100) year flood elevation and the effects such

materials and debris may have on one hundred (100)

year flood elevations and flows.

e) An evacuation plan which fully explains the manner

in which the site will be safely evacuated before or

during the course of a one hundred (100) year flood.

f) A document, certified by an engineer or architect,

which states that the proposed construction has been

adequately designed to withstand two (2) feet above

the five hundred (500) year flood elevations,

pressures, velocities, impact and uplift forces and

other hydrostatic, hydrodynamic and buoyancy

factors. 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 to comply with

Section 410(D). The specific elevation (in relation

to mean sea level) to which the structure was

floodproofed shall be indicated for each structure.

g) Detailed information needs to determine compliance

with Section 408 including:

i) The amount, location and purpose of any

materials or substances referred to in Section

408 which is intended to be used, produced,

stored or otherwise maintained on site.

ii) For any proposed structure regulated under

Section 408 a description of the safeguards

incorporated into the design of the structure to

prevent leaks or spills of the above-mentioned

materials or substances to include two (2) feet

above a five hundred (500) year flood.

h) Where any excavation or grading is proposed, a plan

meeting the requirements of the LCCD to implement

and maintain erosion and sedimentation control.

i) Where the application proposes an alteration or

relocation of a watercourse which will affect or

impact another municipality, copies of letters

forwarding the application to such municipality,

DCED and FEMA by certified mail, return receipt

requested, and return receipt cards demonstrating

that the municipality, DCED and FEMA have received

such letters. The letters shall be sent at least

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two weeks prior to the date the application is

submitted to the Township.

3) A plan of the entire site, drawn at a scale of one (1)

inch being equal to one hundred (100) feet or less

showing at least the following information:

a) North arrow, scale and date.

b) A location map showing the vicinity in which the

proposed activity or development is to be located

within the municipality.

c) Topography based upon the National Geodetic Vertical

Datum of 1929 showing existing and proposed contours

at intervals of two (2) feet.

d) All property and lot lines including dimensions and

the size of the site expressed in acres or square

feet.

e) The location of all existing streets, drives, and

other access ways and parking areas with information

concerning widths, pavement types and construction

and elevations.

f) The location of any existing bodies of water or

watercourse, wetlands, buildings, structures and

other public or private facilities including

railroad tracks and facilities and any other natural

or manmade features affecting, or affected by the

proposed activity or development.

g) The location of the identified Floodplain District

area boundary line, floodway line if available,

information and spot elevations concerning the one

hundred (100) year flood elevations and five hundred

(500) year flood elevations and two (2) feet above

these elevations and information concerning the flow

of water including the direction and velocities.

The applicant shall present documentation to

demonstrate how the applicant determined the

location of the identified Floodplain District, the

elevations of the one hundred (100) year flood and

the five (500) hundred year flood, and all other

information on such plan.

h) Soil types, high-water tables and boundaries as

designated by the U.S.D.A. Soil Conservation Service

Maps. Photos of existing land uses and vegetation

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on upstream and downstream.

i) A general plan of the entire site accurately showing

the location of all proposed buildings, elevations

and contours of the ground, fill, and storage

elevations in relation to the location of the

channel, structures including sizes and spatial

arrangement and any other improvements, including

the location of any existing or proposed subdivision

and land development in order to assure that:

i) All such proposals are consistent with the need

to minimize flood damage.

ii) All utilities and facilities, such as sewer,

gas, electrical and water systems are located

and constructed to minimize or eliminate flood

damage.

iii) Adequate drainage is provided so as to reduce

flood hazards.

j) A profile showing the slope of the bottom of the

channel and flow line of the watercourse.

4) Plans of all proposed buildings, structures and other

improvements, drawn at a suitable scale showing the

following:

a) Detailed architectural or engineering drawings

including building, floor plans, sections, and

exterior building elevations as appropriate.

Specification of building construction and

materials, filling, dredging, grading, channel

improvement, and storage of materials.

b) The proposed lowest floor (including basement)

elevations of any proposed building based upon

National Geodetic Vertical Datum of 1929.

c) Complete information concerning flood depths,

pressures, velocities, impact and uplift force and

other factors associated with a one hundred (100)

year flood and a five hundred (500) year flood.

d) Detailed information concerning any proposed

floodproofing measures.

e) Cross-section drawings for: all proposed buildings,

streets, drives and other access ways and parking

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areas showing all rights-of-way and pavement widths

and channel of the watercourse, and elevations of

land areas adjoining each side of the channel and

high water information.

f) Profile drawings for all proposed streets, drives,

and vehicular access ways including existing and

proposed grades.

g) Plans and profiles of all proposed sanitary and

storm sewer systems, water supply systems and any

other utilities and facilities.

5) A document, certified by a registered professional

engineer or architect, stating the elevations, in

relation to mean sea level, of the lowest floor including

basements (but excluding pilings or columns) of the

completed new or substantially improved structure, or the

elevation in relation to mean sea level, to which the new

or substantially improved structure was floodproofed and

if the floodproofed structure has a basement.

D. The Zoning Officer shall, within five (5) days after the

filing of a complete and properly prepared application for a

special exception, refer the said application and supporting

documents to the following:

1) One (1) copy of the application and one (1) copy of all

supporting data to the Township Board or Supervisors.

2) One (1) copy of the application and one (1) copy of all

supporting data to the Township Planning Commission.

3) One (1) copy of the application and one (1) copy of all

supporting data to the Township Engineer.

4) One (1) copy of the application and one (1) copy of all

supporting data to the LCCD.

5) One (1) copy of this application and one (1) copy of all

supporting data to the Township Zoning Hearing Board.

E) Conditions of Approval. In granting any special exception,

the Zoning Hearing Board may attach such reasonable

conditions and safeguards, in addition to those expressed in

this Ordinance, as it may deem necessary to implement the

purposes of this Ordinance. The burden of proof shall be on

the applicant.

F) Fees for Special Exceptions. Any fees assessed an

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application for a special exception, whether for a hearing,

a flood study, or any other purpose, shall not exceed those

costs directly associated with the particular application.

Section 407 Variances

Variances from the provisions of this Article are discouraged.

Where, however, a variance is required to be granted under

applicable law, the following requirements of the National Flood

Insurance Program must be complied with in addition to all other

variance provisions of this Ordinance and the Municipalities

Planning Code. In all variance proceedings the burden of proof

shall be on the applicant.

A) Unless required by law, no variance shall be granted to

authorize a use not permitted in the Floodplain District, and

no variance shall be granted for any development, structure,

use, or activity within the Floodplain District which would

cause any increase in one hundred (100) year flood

elevations.

B) Variances shall only be granted upon:

1) A showing of good and sufficient cause.

2) A determination that failure to grant the variance would

result in exceptional hardship to the applicant.

3) 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.

4) A determination that the grant of a variance will not

jeopardize the flood insurance program of Pequea

Township.

C) Variances shall only be granted upon a determination that the

variance is the minimum necessary, considering the flood

hazard, to afford relief.

D) Whenever a variance is granted, the Zoning Hearing Board

shall notify the application in writing that:

1) The granting of a variance may result in increased

premium rates for flood insurance.

2) Such variance may increase the risks to property.

Pequea Township Zoning Ordinance 92

E) A complete record of all variance request and actions,

including justification for granted variances, shall be

maintained by the Zoning Hearing Board.

F) All structures shall be constructed to resist two (2) feet

above the five hundred (500) year flood.

G) The applicant shall be required to submit that information

necessary to demonstrate the need for and appropriateness of

any variances. Such information shall include all items

listed in Section 406(C) and elsewhere in this Ordinance.

H) In granting any variance, the Zoning Hearing Board shall

attach whatever reasonable conditions and safeguards it

considers necessary in order to protect the public health,

safety and welfare, and to achieve the objectives of this

Ordinance.

I) Upon receipt of any approval of a variance by the Zoning

Hearing Board for a hospital, nursing home, jail, prison, new

mobile home, or substantial improvement to an existing mobile

home park, the Zoning Officer shall file a written

notification, together with the application and all pertinent

information, with the DCED, by registered or certified mail,

within five (5) working days after the date of approval.

J) The Township shall maintain a complete list of all variances

granted from provisions of this Article and shall report such

variances to the FEMA Federal Insurance Administration as

required by law.

Section 408 Prohibited Uses

The following are prohibited in the Floodplain District:

A) All uses prohibited either expressly or implicitly in the

underlying zoning district for the land in question.

B) All structures, with the exception of those specifically

allowed in Sections 405 and 406 of this Article.

C) Sanitary landfills, waste processing facilities, recycling

centers, quarries, dumps, junk and salvage yards, and outdoor

storage or treatment of vehicles and/or materials; racing

tracts and drag strips of all types.

D) 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 Sections 405 and 406 of this

Pequea Township Zoning Ordinance 93

Article; provided, however, that no grading, filling, or

depositing is permitted that would cause any rise in flood

heights or frequency.

E) Removal of topsoil, excluding nursery activities as allowed

in Sections 405 and 406 of this Article, and excluding such

grading or filling necessary to accomplish and carry out

those uses which are permitted in Sections 405 and 406 of

this Article provided, however, that no grading or filling is

permitted which would cause any increase in flood heights or

frequency.

F) Damming or relocation of any watercourse, except as provided

for in Sections 405 and 406 of this Article.

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

H) Swimming pools.

I) 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, may pollute

the watercourse or be injurious to human, animal or plant

life.

J) Cemeteries for humans or animals, and dead animals or other

rendering plants.

K) Zoo, menagerie, wild animal farm or domestic or farm animal

enclosures which will not allow all animals to escape

floodwaters or maximum flood elevation without human

intervention while remaining safely confined.

L) The floodproofing of new residential structures.

M) Any development, structure, or use which may, whether alone

or in combination with others, except where specifically

authorized elsewhere in this Article:

1) Endanger human life.

2) Obstruct, impede, retard, change, or increase the

velocity, direction, or flow of floodwaters.

3) Increase the surface elevation of floods, or the

frequency of floods.

4) Catch or collect debris carried by floodwaters.

Pequea Township Zoning Ordinance 94

5) Be placed where the natural flow of the stream or

floodwaters would carry it downstream to the damage or

detriment of property within or adjacent to the

Floodplain District.

6) Degrade the water carrying capacity of any watercourse,

channel, or floodplain.

7) Increase the rate of local runoff, erosion, or

sedimentation.

8) Degrade the quality of surface water or the quality or

quantity of ground water.

9) Be susceptible to flotation and subsequent movement which

may cause damage to other property.

10) Create unhealthful ponding or other sanitary conditions.

11) Not be in harmony with the intent and purpose of this

Article as set forth in Section 400 of this Article.

N) Feedlots, including but not limited to piggeries for feeding

of garbage.

O) The construction, expansion, or enlargement of any structure

or building associated with the following uses:

1) Hospitals.

2) Nursing homes.

3) Jails.

4) Prisons.

5) Mobile home parks.

6) Schools.

7) Manufactured homes or substantial improvements to them.

P) Extraction of sand, gravel or other minerals.

Q) Floodplain land to be used to meet more than fifty (50%)

percent of minimum yard and/or lot area requirements.

R) Any new structure or building, or any expansion or addition

to an existing structure or building which constitutes a

substantial improvement that will be used for the production

or storage of any of the following potential dangerous

materials or substances, or which will be used for the

housing of any activity requiring the maintenance of a supply

of more than five (5) gallons or other comparable volumes any

of the following dangerous materials or substances or will

involve the production, storage or use of any amount of

Pequea Township Zoning Ordinance 95

radioactive substances:

1) Acetone

2) Ammonia

3) Benzene

4) Calcium carbide

5) Carbon disulfide

6) Celluloid

7) Chlorine

8) Hydrochloric acid

9) Hydrocyanic acid

10) Magnesium

11) Nitric acid and oxides of nitrogen

12) Petroleum products (gasoline, fuel oil, etc.)

13) Phosphorus

14) Potassium

15) Sodium

16) Sulphur and sulphur products

17) Pesticides (including insecticides, fungicides, and

rodenticides)

18) Radioactive substances, insofar as such substances are

not otherwise regulated.

19) Other potentially dangerous materials or substances.

S) Fences except one or two stranded running horizontally.

T) Sewage treatment plants and systems, and water supply

facilities.

U) Emergency facilities such as fire stations, ambulance

services and emergency management offices.

V) Sod farming.

W) Cutting or removal of living trees except where the area is

specifically devoted to registered forestry use, in which

case, cutting or removal of living trees shall be on a

selective basis with appropriate restoration practiced. At

no time will clear cutting be allowed.

X) Airports, heliports and shooting ranges.

Y) Shopping malls and areas.

Z) Carrousels, roller coasters, merry-go-rounds, ferris

wheels and similar amusement features, except in

connection with a carnival or circus having a special

permit issued by the appropriate Township authority.

AA) Any occupation, trade, or process which may be in any way

Pequea Township Zoning Ordinance 96

dangerous, noxious, or injurious to the health or be

offensive to the inhabitants of the neighborhood.

Section 409 Nonconforming Uses and Structures

A) Continuation. All uses or structures in the Floodplain

District lawfully existing on the effective date of this

Article which are not in conformity with the provisions of

this Article shall be deemed nonconforming uses or

structures. Such nonconforming uses or structures may be

continued, maintained, repaired, and floodproofed, except as

otherwise provided for in this Article. However, such

nonconforming uses or structures may at any time be improved

to comply with existing Pennsylvania or Pequea Township

health, sanitary, or safety code specifications which are

solely necessary to assure safe living conditions.

B) Abandonment. Nonconforming uses or structures which have

been discontinued or vacated for twelve 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 re-occupied. The Township 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.

C) 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. No

expansion or enlargement of an existing structure shall be

allowed within any floodway area that would cause any

increase in the elevation of the one hundred (100) year

flood. Nothing shall be done which would otherwise violate

any provisions of this Article. No nonconforming use or

structure shall be expanded, enlarged, or altered in any way

which increases its nonconformity with respect to height,

area, yard, and other requirements established in other

Articles of this Ordinance, nor in any way which causes it to

occupy more space within the Floodplain District than was

occupied by itself on the effective date of this Article.

D) Replacement and Rebuilding.

1) 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 fifty

(50%) percent of its fair market value at the time of its

Pequea Township Zoning Ordinance 97

damage or destruction. In such a case, however, the

nonconformity of the new use or structure with respect to

the requirements of this Article, shall not exceed that

of the original use or structure which was damaged or

destroyed. Any modification, alteration, reconstruction,

or improvement of any kind to an existing structure, to

an extent or amount of less than fifty (50%) percent of

its fair market value shall be elevated and/or floodproofed

to the greatest extent possible. Nothing shall

be done which would otherwise violate any of the

provisions of this Article.

2) A nonconforming use of structure which has been damaged

or destroyed by any means, including floods, to the

extent of fifty (50%) percent 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 Article, all

other Articles of this Ordinance and all other ordinances

of the Township. Any substantial improvement to an

existing structure shall meet construction criteria for

new structures (see Section 410).

3) 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.

E) Historic Structures. The Zoning Hearing Board shall have the

right to waive, as a special exception, any of the

requirements of this Section and Section 410 for any

structure listed on the National Register of Historic Places

or the Pennsylvania Register of Historic Sites and Landmarks

or considered an historic structure as defined in this

Article, and the provisions of Sections 406(B-F) of this

Article shall be applied in such a case.

Section 410 Design and Performance Standards

A) Applicability. Unless otherwise specified in this Article,

the standards and criteria included in this Section are to be

used, together with the provisions of all other Articles and

all other ordinances in force in the Township by the Zoning

Officer and Zoning Hearing Board in their administration of

this Article.

Pequea Township Zoning Ordinance 98

B) Regulations and Reviews by Other Agencies.

1) 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

Pequea Township or its agencies, officials, or employees.

2) Where necessary permits or written approvals from other

agencies cannot be obtained prior to action by the

Township, any approval of plans, special exceptions,

variances, or permits by the Township or its agencies,

officials, or employees shall be conditioned upon

receiving such other agencies’ permits or written

approval before the use is allowed to commence.

3) No regulations of the Commonwealth governing watercourses

are amended or replaced by this Article. Prior to any

proposed alteration or relocation of any watercourse a

permit shall be obtained from the DEP, South Central

Regional Office Water Quality Manager, and notification

of any such proposal shall be given to all affected

adjacent municipalities. Copies of such permit,

application and municipal notification shall be forwarded

to the FEMA Federal Insurance Administration and to DCED.

C) Placement and Construction of Authorized Uses and Structures.

1) All uses and structures shall be designed, constructed,

and placed so far 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 or higher as those of nearby structures.

Within any floodway area, no new construction or

development or use, activity, or encroachment shall be

permitted that would cause any increase in the one

hundred (100) year flood elevation and no new

construction or development shall be allowed until the

applicant demonstrates that he has obtained a permit for

such construction or development from DEP. Within any

identified floodplain area, no new construction or

development shall be located within the area measured

fifty (50) feet landward from the top of bank of any

watercourse.

2) All new construction and substantial improvements shall

Pequea Township Zoning Ordinance 99

be constructed with materials and utility equipment

resistant to flood damage, and shall be constructed by

methods and practices that minimize flood damage and

shall meet all Paragraphs of this Section 410(C). See

also Sections 410(J), (K), and (L).

3) All new or replacement drains 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.

4) All new construction and substantial improvements of

permanent non-residential structures either 1) have the

lowest floor (including basement) elevated to two (2)

feet above the five hundred (500) year flood elevation as

defined by this Ordinance, or 2) together with attendant

utility and sanitary facilities, be floodproofed so that

a minimum of up to two (2) feet above the five hundred

(500) year flood elevation as defined by this Ordinance

the structure shall remain completely or essentially dry

during any flood up to that height, with walls substantially

impermeable to the passage of water and with

structural components having the capacity of resisting

hydrostatic and hydrodynamic loads and effects of buoyancy.

5) All authorized substantial improvements or additions to

existing residential structures shall be elevated. Any

portion of the structure not elevated to two (2) feet

above the five hundred (500) year flood elevation as

defined by this Ordinance shall be floodproofed. Any

modification, alteration, reconstruction, or improvement

of any kind to an existing structure, to an extent or

amount of fifty (50%) percent or more of its fair market

value before such modification, alteration,

reconstruction or improvement shall constitute a

substantial improvement and shall be undertaken only in

full compliance with the provisions of this Ordinance.

6) All authorized new residential structures and substantial

improvements shall have the lowest floor (including

basement) elevated to two (2) feet above the five hundred

(500) year flood elevation as defined by this Ordinance.

7) For all new construction and substantial improvements,

fully enclosed areas below the lowest floor that are

usable solely for parking of vehicles, building access or

storage in an area other than a basement and which are

subject to flooding shall be designed to automatically

equalize hydrostatic flood forces on exterior walls by

Pequea Township Zoning Ordinance 100

allowing for the entry and exit of flood waters. Designs

for meeting this requirement must either be certified by

a registered professional engineer or architect or meet

or exceed the following minimum criteria: a minimum of

two openings having a total net area of not less than one

square inch for every one square foot of enclosed area

subject to flooding shall be provided. The bottom of all

openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers,valves or

other coverings or devices provided that they permit the

automatic entry and exit of floodwaters.

D) Floodproofing. Where floodproofing is authorized by this

Article it shall be done according to the standards and

provisions for floodproofing classes W-1 or W-2, as contained

in Floodproofing Regulations published by the Office of the

Chief of Engineers, U.S. Army, publication EP 1165 2 314

(June 1972 and as subsequently amended) where such standards

and provisions do not conflict with other provisions of this

Article. Where reference is made in Floodproofing

Regulations to the

interpreted to mean two (2) feet above the five hundred (500)

year flood elevation as defined by this Article. The

floodproofing of new residential structures is specifically

prohibited. All plans and specifications for floodproofing

shall be accompanied by a statement certified by an engineer

or architect which states that the proposed design and

methods of construction are in conformance with Section

406(C)2.

E) Anchoring. All structures, including buildings, air ducts,

large pipes, and storage tanks, within the Floodplain

District shall be firmly anchored to prevent flotation,

movement, or collapse, thus reducing the possibility of the

blockage of bridge openings and other restricted sections of

the watercourse. Buildings and structures shall be anchored

in accordance with accepted engineering practices.

F) Drainage Facilities. Storm drainage facilities shall be

designed to convey the flow of storm water runoff in a safe

and efficient manner which is consistent with the following:

1) The system shall insure proper drainage along streets and

provide positive drainage away from buildings.

2) The system shall be designed to prevent the discharge of

excess runoff onto adjacent properties.

G) Public Utility Facilities and Structures. Public utility

facilities and structures (except buildings) shall comply

Pequea Township Zoning Ordinance 101

with the following standards in the interest of achieving the

purpose and intent of this Article:

1) Public utility facilities and associated structures 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, should, except for necessary vents, be

designed and installed underground so as to be at or

below the existing natural surface grade within the

floodplain, and in such a manner as will prevent

flotation, minimize or eliminate flood damage, and not

alter the cross-sectional area of the floodplain. All

new or replacement water supply facilities and/or

sanitary sewage facilities shall be designed and be

placed outside the floodplain district and eliminate discharges

from the facilities into floodwaters and prevent

backup of sewage. All gas lines should have a system of

shut-off valves for service to the Floodplain District to

allow positive control flood emergencies.

2) Electrical distribution line and supporting structures

shall be installed so as to essentially eliminate flood

damage, and all lines of less than 15 kilovolts shall be

installed underground, below the existing natural surface

grade within the floodplain. Above ground electrical

distribution and transmission lines of 15 kilovolts or

more may be allowed above ground as a special exception,

provided they are certified by an engineer as meeting all

the following standards:

a) Above ground lines and supporting structures shall

enter the Floodplain District only to cross a

watercourse, shall cross the watercourse and the

Floodplain District using the most direct and

shortest route possible consistent with the goals,

objectives, purposes, and intents of this Ordinance,

shall make the minimum number of crossings

necessary, and shall be designed and installed so as

to essentially eliminate flood damage.

b) Above ground lines shall be elevated so that their

lowest portions are a minimum of ten (10) feet above

the maximum flood elevation.

c) Supporting structures for above ground lines within

the Floodplain District shall be the minimum number

necessary to carry the lines across the Floodplain

District. Supporting structures shall be designed

Pequea Township Zoning Ordinance 102

and installed so as to be able to withstand the

maximum volume, velocity, and force to floodwaters

which can be expected at the point where they are

located for a five hundred (500) year flood.

d) Facilities and services in the Floodplain District

shall be designed so that flood damage within the

District does not disrupt service outside the

District.

H) Agricultural Standards.

1) A filter strip or riparian forest buffer is required

between any watercourse and any tilled land. Such strip

or buffer shall be a minimum of one hundred (100) feet in

width measured from the top of the bank of the

watercourse channel inland. When the top of the bank is

not clearly defined, the filter strip or riparian forest

buffer shall extend inland one hundred twenty-five (125)

feet from the centerline of the watercourse. The filter

strip or buffer shall be planted and maintained in grass,

or other growth approved by the LCCD.

2) Within the Floodplain District, a cover crop, such as

annual rye grass, is required whenever the land is not

being tilled for major crops.

3) Livestock shall not be confined to pastures or other

enclosures located entirely within the Floodplain

District.

4) Within the Floodplain District, feedlots are prohibited.

I) Fill.

1) The fill or materials must be shown to have some

beneficial purpose and the amount thereof not greater

than is necessary to achieve that purpose as demonstrated

by a plan submitted by the owner showing the uses to

which the filled land will be put and the final

dimensions of the proposed fill or other materials.

2) Such fill or other materials shall be protected against

erosion by rip-rap, vegetative cover or bulkheads.

3) Fill shall consist of soil and/or small rock materials

only.

4) Sanitary landfills shall not be permitted.

Pequea Township Zoning Ordinance 103

5) Fill slopes shall be no steeper than one (1) vertical on

two (2) horizontal, unless substantiating data,

justifying steeper slopes is submitted to and approved by

the Township Engineer.

6) Fill shall be compacted to provide the necessary

permeability and resistance to erosion, scouring or

settling.

7) Fill shall be used only to the extent to which it does

not adversely affect adjacent properties.

8) Fill shall extend out a minimum of fifteen (15) feet

beyond the base of all walls or structures.

9) Section 410(D) shall be followed without exception.

Pequea Township Zoning Ordinance 104

J) Floors, Walls, and Ceilings.

1) 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 incurring structural damage to the

building.

2) All finished flooring used at or below the Regulatory

Flood Elevation shall be made of materials which are

dimensionally stable and resistant to water damage

resulting from submersion for, at least, a forty-eight

(48) hour period.

3) All carpeting or carpet cushions employed as a finished

flooring surface at or below the Regulatory Flood

Elevation shall be made of materials which are resistant

to water damage resulting from submersion for, at least

a five (5) day period.

4) Plywood uses at or below the Regulatory Flood Elevation

shall be of a

waterproof variety.

5) Basement ceiling in nonresidential structures shall have

sufficient wet strength and be so installed as to survive

inundation.

6) Walls and ceilings at or below the five hundred (500)

year flood elevation plus two (2) feet shall be designed

and constructed of

withstand inundation.

7) Windows, doors and other components at below the five

hundred (500) year flood elevation plus two (2) feet

shall be made of metal or other water-resistant material.

K) Building Water, Sanitary Sewer, Fuel, Equipment and Other

Systems.

1) Water heaters, furnaces and other critical mechanical

installation shall be permitted only at elevations of two

(2) feet or more above the level of the five hundred

(500) year flood.

2) No part of any on-site sewage disposal system shall be

constructed within the Floodplain District.

3) Sanitary sewer facilities and systems located adjacent to

the floodplain shall be designed to prevent the discharge

of untreated sewage into flood waters. No sanitary sewer

Pequea Township Zoning Ordinance 105

facilities or systems shall be located in the floodplain.

4) All new or replacement water and sanitary sewer

facilities shall be located, designed and constructed to

minimize or eliminate flood damage and the infiltration

of flood waters.

5) All gas and oil supply systems and all other utilities

shall be designed to preclude the infiltration of flood

waters into the systems and discharges from the systems

into flood waters. Additional provisions shall be made

for the drainage of these systems in the event that flood

water infiltration occurs.

L) Paints and Adhesives.

1) Adhesives used at or below the Regulatory Flood Elevation

shall be of a

shall have a bonding strength that is unaffected by

inundation.

2) Doors and all wood trim and wood components at or below

the Regulatory Flood Elevation shall be finished with a

"

3) Paints or other finishes used at or below the Regulatory

Flood Elevation shall be of a

quality and capable of surviving inundation.

Section 411 Zoning Permits

A) Irrespective of the provisions of Article 19 of this

Ordinance, within the Floodplain District, zoning permits

shall be required for all proposed development, construction,

reconstruction, placement, replacement, expansion, extension,

repair, or other improvement of land uses or structures,

regardless of value, including activities such as dredging,

filling, grading, logging, paving, excavation, or drilling

operations. Zoning permits shall not be required for normal

maintenance.

B) Every zoning permit application for work or uses within the

Floodplain District shall include or be accompanied by all

information necessary for the Zoning Officer to determine

that the proposal meets all the provisions of this Article

and this Ordinance. In addition, the applicant shall

provide all the necessary information in sufficient detail

and clarity to enable the Zoning Officer to determine that:

(i) all such proposals are consistent with the need to minimize

flood damage and conform with the requirements of this

Pequea Township Zoning Ordinance 106

and all other applicable codes and ordinances; (ii) all

utilities and facilities, such as sewer, gas, electrical and

water systems are located and constructed to minimize or

eliminate flood damage; and (iii) adequate drainage is

provided so as to reduce exposure to flood hazards.

Applicants shall also file the minimum information required

by this Section plus any other pertinent information as may

be required to enable the Zoning Officer to make the above

determination.

C) The following information is specifically required to

accompany all zoning permit applications involving structures

with the Floodplain District if a special exception [see

Section 406(C)]:

1) The elevation (in relation to mean sea level) of the

lowest floor (including basement).

2) Whether or not the structure includes a basement.

3) If the structure has been or is to be floodproofed, the

elevation (in relation to mean sea level) to which the

structure was or is to be floodproofed.

D) Permit Application Procedures.

1) All applications for Zoning Permits shall be in writing,

on forms furnished by the Zoning Officer and shall

contain the following information:

a) Name and address of the owner of the land on which

the proposed use is to occur.

b) Name and address of the applicant if different than

the property owner.

c) Name and address of contractor.

d) Site location of the proposed use.

e) Brief description of the proposed use and estimated

cost.

f) List of other permits required.

g) Plan of the site showing the exact size and location

of the proposed construction as well as any existing

buildings or structures.

h) All other information and certifications required by

Pequea Township Zoning Ordinance 107

Section 406(c).

2) All applications shall be submitted to include the

original form and four (4) copies and shall be

accompanied by the following documents:

a) Five (5) copies of a site plan showing all existing

structures and existing proposed uses.

b) Five (5) copies of a notarized statement of the

intended use.

3) The Zoning Officer shall, within five (5) days after the

filing of a complete and properly prepared application,

refer the said application and supporting documents to

the following:

a) One (1) copy of the application and one (1) copy of

all supporting data to the Township Board of

Supervisors.

b) One (1) copy of the application and one (1) copy of

all supporting data to the Township Engineer.

c) One (1) copy of the application and one (1) copy of

all supporting data to the LCCD.

4) A zoning permit for a permitted use in the Floodplain

District shall be issued or denied by the Zoning Officer

subject to the review of the Board of Supervisors within

such period as may be required by applicable laws. The

Zoning Officer shall issue a zoning permti only after it

has been determined that the proposed work to be

undertaken will be in conformance with the requirements

of this and all other applicable codes and ordinances.

5) Prior to the issuance of any zoning permit, the Zoning

Officer shall review the application for permit to

determine if all other necessary government permits such

as those required by State and Federal laws have been

obtained, such as those required by the Pennsylvania

Sewage Facilities Act; the Dam Safety and Encroachments

Act; the U.S. Clean Water Act and The Pennsylvania Clean

Streams Act. No permit shall be issued until this

determination has been made.

6) No encroachments, alteration or improvement of any kind

shall be made to any water course until all adjacent

municipalities which may be affected by such action have

been notified by the Township and until all required

Pequea Township Zoning Ordinance 108

permits or approvals have been first obtained from the

DEP, Bureau of Dams and Waterway Management. In

addition, the FEMA Federal Insurance Administrator and

DCED, Governor’s Center for Local Government Services,

shall be notified by the Township prior to any alteration

or relocation of any watercourse.

E) Issuance of zoning permits for uses authorized as special

exceptions in the Floodplain District.

1) The Zoning Officer shall issue a special exception zoning

permit only after he has received a written order or

approval from the Zoning Hearing Board. Said order will

be the Zoning Officer’s assurance that the Zoning Hearing

Board has determined that the proposed work to be

undertaken will be in conformance with the requirements

of this and all other applicable codes and ordinances.

2) Prior to the issuance of any zoning permit, the Zoning

Officer shall review the application for permit to

determine if all other necessary government permits such

as those required by State and Federal laws have been

obtained, such as those required by the Pennsylvania

Sewage Facilities Act; the Dam Safety and Encroachments

Act; the U.S. Clean Water Act and The Pennsylvania Clean

Streams Act. No permit shall be issued until this

determination has been made.

3) Notification to DCED:

a) Before ordering the issuance of the permit, the

Township shall allow the DCED thirty (30) days after

receipt of the notification by the Department to

review the application and decision made by the

Township.

b) If the Township does not receive any communication

from the DCED during the thirty (30) day review

period, it may issue a permit to the applicant.

c) If the DCED should recommend disapproval of an

application, it shall notify the Township and the

applicant in writing of the reasons for the

recommendation and the Township shall not issue the

permit.

4) No encroachments, alteration or improvement of any kind

shall be made to any water course until all adjacent

municipalities which may be affected by such action have

been notified by the Township and until all required

Pequea Township Zoning Ordinance 109

permits or approvals have been first obtained from the

DEP, Bureau of Dams and Waterway Management. In

addition, the FEMA Federal Insurance Administrator and

DCED, Governor’s Center for Local Government Services,

shall be notified by the Township prior to any alteration

or relocation of any watercourse.

5) A zoning permit for special exceptions shall be issued or

denied by the Zoning Officer, within such period as may

be required by applicable laws.

6) A copy of all plans and applications for proposed

construction or other improvements within the Floodplain

District to be considered for approval may be submitted

by the Zoning Officer to any other appropriate agencies

and/or individuals for review and comment.

Section 412 Municipal Liability

The lawful granting of a permit or the making of any other

administrative decision under this Article shall not constitute

a representation, guarantee, or warranty of any kind by Pequea

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 a result of reliance

on this Article. There is also no assurance that lands not

included in the Floodplain District are now or ever will be free

from flooding or flood damage.

Pequea Township Zoning Ordinance 110

ARTICLE 4-A

STEEP SLOPE CONSERVATION DISTRICT

Section 451 Legislative Intent

The Board of Supervisors intends through the enactment of this

Article 4-A, to conserve and protect those areas having slopes as

defined herein from inappropriate development as well as to

permit and encourage the use of said areas for open space

purposes in order to constitute a harmonious aspect of the

continuing physical development of the Township. In implementing

these principles and general purposes of this Ordinance and the

Pequea Township Comprehensive Plan, the following specific

objectives are intended to be accomplished by this Article:

A) To combine with other zoning requirements, as an overlay

zoning district, certain restrictions for steep slope areas

to promote the general health, safety and welfare of the

residents of the Township.

B) To prevent inappropriate development of steep slope areas in

order to avoid potential dangers for human usage caused by

erosion, stream siltation, and soil failure leading to

structural collapse or damage and/or unsanitary conditions

and associated hazards.

C) To minimize danger to public health and safety by promoting

safe and sanitary drainage.

D) To relate the intensity of development to the steepness of

terrain in order to minimize grading, removal of vegetation,

runoff and erosion, and to help ensure the utilization of

land in accordance with its natural capabilities to support

development.

E) To permit only those uses in steep slope areas that are

compatible with the preservation of existing natural

features, including vegetative cover, by restricting the

grading of steep slope areas.

F) To promote the ecological balance among those natural systems

elements (such as wildlife, vegetation and aquatic life) that

could be grossly affected by inappropriate development of

steep slope areas.

G) To prevent development that would cause excessive erosion and

a resultant reduction in the water-carrying capacity of the

watercourses which flow through or around the Township with

the consequences of increased flood crests and flood hazards

within the Township and to both upstream and downstream

municipalities.

Pequea Township Zoning Ordinance 111

H) To minimize the potential harmful effects to individuals and

adjacent landowners in the Township and/or other

municipalities caused by inappropriate grading and

development on steep slopes.

I) To protect those individuals who choose, despite the dangers,

to develop or occupy land with steep slopes; to protect

residents from property damage and personal injury due to

runoff, erosion, or landslides attributable to a nearby

development on steeply sloped land.

J) To protect the entire Township from inappropriate development

of steep slope areas which could have an effect upon

subsequent expenditures for public works and disaster relief

and, thus, adversely affect the economic well-being of the

Township.

K) To promote the provisions of safe and reliable access ways,

parking areas and utility systems serving development on or

around steep slope areas where more sensitive grading and

floodplain is essential.

Section 452 Boundary Definition of Steep Slope Conservation

District

The Steep Slope Conservation District shall be defined and

established as those areas of the Township having slopes of ten

(10%) percent or greater as determined from topographic studies

or evaluation. The slope shall be determined prior to

excavation, grading, or other movement of soil or rock. Any lot

which contains land which lies within the Steep Slope

Conservation District (i.e. with slopes of 10% or greater) shall

be subject to the regulations of the Steep Slope Conservation

District except as provided in this Section.

All lots within the Steep Slope Conservation District with

average slopes, as determined herein, of less than ten (10%)

percent will not be subject to the provisions of this Article,

unless the requested use, including a twenty-five (25) feet wide

setback surrounding any structure, would be on any portion of the

lot with a slope exceeding ten (10%) percent or any off-street

parking for the required use is to be located on any portion of

the lot with a slope in excess of six (6%) percent [see §§455(F)

and 1404(C)(4)].

A) The provisions of the Steep Slope Conservation Overlay

District shall apply to those areas exceeding ten (10%)

percent slope and an area extending fifty (50) feet in depth

surrounding such slopes.

B) Areas of steep slopes shall be calculated prior to any earth

disturbance or grading.

Section 453 Steep Slope Conservation District Overlay Concept

Pequea Township Zoning Ordinance 112

The Steep Slope Conservation District shall be deemed to be an

overlay zoning district on any zoning district now or hereafter

enacted to regulate the use of land in the Township.

A) The Steep Slope Conservation District shall have no effect on

the permitted uses or regulations in the underlying zoning

district, except where the development intended to be located

within the boundaries of the Steep Slope Conservation

District, as defined herein, is in conflict with the

permitted uses or regulations set forth in this Section.

B) In those areas of the Township where the Steep Slope

Conservation District applies, the requirements of the Steep

Slope Conservation District shall supersede any less

stringent requirements of the underlying zoning district.

C) Should the zoning classification of any parcel or any part

thereof on which the Steep Slope Conservation District is an

overlay be changed, such change in the classification shall

have no effect on the boundaries of the Steep Slope

Conservation District, unless an amendment to said boundaries

was included as part of the proceedings from which the change

originated.

Section 454 Boundary Interpretation and Appeals Procedures

An initial determination as to whether the Steep Slope

Conservation District regulations apply to a given parcel shall

be made by the Zoning Officer. An applicant for any permit for

property within the Steep Slope Conservation District or in

property which the Zoning Officer reasonably believes may be

located within the Steep Slope Conservation District shall submit

a plan upon the request of the Zoning Officer showing the slope

of said property. Any party aggrieved by the decision of the

Zoning Officer, either because of an interpretation of the

location of the Steep Slope Conservation District boundary or

because the criteria used in delineating the boundary, as set

forth in Section 452 herein, are incorrect because of changes due

to natural or other causes, may appeal such decision to the

Zoning Hearing Board as provided in Article XXII of this

Ordinance.

Section 455 Land Use and Development Regulations in the Steep

Slope Conservation District

For any lot which contains land included in the Steep Slope

Conservation District, the following land use and development

regulations shall apply.

A) The average slope of the entire lot shall be determined

according to the formula:

S = (0.0023/A) x I x L

Pequea Township Zoning Ordinance 113

Where S is the average slope in percent; I is the contour

interval in feet; L is the combined length in contour lines

in feet; A is the area in acres of the parcel being

considered.

B) Any lot which shall have an average slope of at least ten

(10%) percent but not more than fifteen (15%) percent shall

have a maximum impervious surface area of twenty (20%) of the

lot area, of which no more than one-half, or ten (10%)

percent of the lot area, shall consist of buildings.

C) Any lot which shall have an average slope of at least fifteen

(15%) percent but not more than twenty-five (25%) percent

shall have a minimum lot area of one (1) acre and shall have

a maximum impervious surface area of ten (10%) percent of the

lot area of which no more than one-half, or five (5%) percent

of the lot area, shall consist of buildings.

D) All freestanding structures, buildings and substantial

improvements (with the exception of utilities where no other

location is feasible) are prohibited on slopes of twenty-five

(25%) percent or greater. Never shall more than five (5%)

percent of the area be regraded or vegetation cover disturbed

by the exceptions, if they are granted.

E) All swimming pools, junkyards, sanitary landfills, outdoor

storage of vehicles or materials, parking lots or parking

areas, sidewalks, manmade watercourses or impoundments,

athletic playing fields, and stormwater control facilities

and other structures that might be a risk or considered

unsuitable by the Township are prohibited on slopes of

fifteen (15%) percent or greater.

F) Driveways and roadways shall not exceed a slope of ten (10%)

percent within twenty-five (25) feet of the street right-ofway

lines. Parking areas shall not be in excess of six (6%)

percent. Access drives shall not be in excess of four (4%)

percent within seventy-five (75) feet of the intersecting

street centerline.

G) Applicants for permits required by this Ordinance shall

present evidence of approval of any required erosion and

sedimentation plan or any required stormwater management plan

prior to the issuance of any permit.

Section 456 Uses Permitted Within the Steep Slope Conservation

District

A) Any lot which contains land within the Steep Slope

Conservation Overlay District may be developed in accordance

with the regulations of the underlying zoning district if the

applicant proposes no disturbance of any area of the lot

within the Steep Slope Conservation Overlay District. If the

applicant proposes any disturbance of land within the Steep

Pequea Township Zoning Ordinance 114

Slope Conservation Overlay District, the applicant may, by

special exception, develop the lot for a use permitted within

the underlying zoning district provided, however, such use is

not prohibited by this Article 4-A. An applicant for a

special exception to develop land located within the Steep

Slope Conservation Overlay District shall demonstrate

compliance with the requirements of this Section and all

requirements of this Article 4-A.

B) Any application requesting a special exception for a use

permitted herein shall be accompanied by a plan certified by

a registered professional engineer, a registered surveyor or

a registered landscape architect. In addition to any

information required for an application for a special

exception set forth in Article XXII, Zoning Hearing Board,

such plan shall show:

1) The location of the proposed use with respect to the

areas of the lot determined to have slopes in excess of

ten (10%) percent.

2) The location of the proposed use with respect to existing

development within the property.

3) Nature of the proposed use.

4) Topographical surveys showing the contours of the

property in two (2) feet intervals. The plans shall also

indicate a reference benchmark used.

5) Typical tract cross-sections at a scale of not more than

one (1) inch equals one hundred (100) feet and typical

tract cross-sections at a vertical and horizontal scale.

There shall be a minimum of one cross-section for the

first five (5) acres or less of lot or tract area and one

cross-section for each five (5) acres or portion thereof

thereafter.

6) Calculations to determine the average slope of the lot in

accordance with this Article.

7) Surface view of construction, grading or fill elevations.

8) Size, location and arrangement of all proposed and

existing structures on the site, as well as

specifications for building construction and materials

and storage of materials.

9) Location, elevation and specifications for water supply,

sanitary sewer facilities, other utility facilities, and

streets including the entrance drive. If a permit is

required for the installation, relocation or change of

any utility facility, driveway or public facility, the

applicant shall present evidence that such permit has

Pequea Township Zoning Ordinance 115

been obtained prior to commencement of any earth

disturbance activities.

10) A soils engineering report regarding site characteristics

of the subject property to include the nature, types,

distribution and suitability of subsurface soils for load

bearing, stability and compaction; extent, description,

and location of exposed rock; erodability of surface

soil; engineering and conservation techniques to be used

to prevent erosion and alleviate environmental problems

created by the proposed development activities;

permeability and available water infiltration capacity;

depth to bedrock and seasonal high water table; the means

of accommodating storm water runoff; proposed

modifications to the existing topography and vegetative

cover; and the location, type and intensity of vegetative

cover on the subject property.

11) A geophysical-hydrologic report investigating conditions

of the subject property’s underlying geologic formation

and the hydrological characteristics of the proposed

development. Such report shall demonstrate that any

adverse impacts of the proposed development can be

addressed in such a manner as to prevent hazards to life

and property and to maintain amenable site features for

storm water management, soil erosion and sedimentation

control, vegetative cover and exposed rock stability.

C) The applicant for any special exception shall request the

review and recommendations of the Lancaster County

Conservation District at least forty-five (45) days prior to

the hearing before the Zoning Hearing Board. The applicant

shall present a copy of the review of the Lancaster County

Conservation District or proof that applicant has made a

request for a review at least forty-five (45) day prior to

the date of the hearing.

D) The applicant for any special exception shall request the

review and recommendations of the Township Planning

Commission at least forty-five (45) days prior to the hearing

before the Zoning Hearing Board. The applicant shall present

a copy of the review of the Township Planning Commission or

proof that applicant has made a request for a review at least

forty-five (45) day prior to the date of the hearing.

E) The applicant shall demonstrate compliance with any

applicable storm water management ordinance or regulations

pertaining to the proposed development, including but not

limited to storm water management regulations contained in

any applicable subdivision and land development ordinance.

Pequea Township Zoning Ordinance 116

12-16-04

ARTICLE 4-B

KARST HAZARD DISTRICT

Section 475 Purpose

The purpose of this district is to recognize the potential for

damage to public and private improvements, human injury or death,

and the disruption of vital public services which may arise by

the potential for sinkholes and/or subsidence within areas of

carbonate geology. A further purpose of this district is to

minimize the potential for such sinkhole and/or subsidence

occurrence and to protect the ground water resource.

Section 476 Application

The Karst Hazard District operates as an overlay district to the

districts otherwise found in this Ordinance. Should the

regulations of this overlay district and other applicable

regulations conflict, the most stringent regulations shall apply.

Section 477 Disclaimer of Liability

Whereas the exact occurrence of sinkholes and/or subsidence is

not predictable, the administration of these regulations shall

create no liability on behalf of the Township, the Township

employees, or Township agencies as to damages which may be

associated with the formation of sinkholes or subsidence. That

is, compliance with these regulations represents no warranty,

finding, guarantee, or assurance that a sinkhole and/or

subsidence will not occur on any approved property. The

Township, its elected and appointed officials, agents,

consultants and employees assume no liability for any financial

or other damages which may result from sinkhole activity.

Section 478 Delineation of Area Affected

The Karst Hazard District is as portrayed on the Karst Hazard

Indicator Map and also includes the area designated as "OEC" on

the map which is the "Conestoga Formation" on the geological map

of Pequea Township found in the Comprehensive Plan of the

Township. The areas affected are the carbonate, sinkhole, and

other karst hazard related features shown on these maps and all

areas within one hundred (100) feet of such areas. The

sinkholes, quarries and close depressions delineated on the Karst

Hazard Indicator Map were taken from: (1) Sinkhole Occurrence Map

prepared by Kochanov, W. E., Sinkholes & Karst-Related Features

of Lancaster County, Pennsylvania, Pennsylvania Geological

Survey, Fourth Series, Open File Report 9001.

Should dispute arise as to the boundary of the district or the

location of any of the karst features shown on the map, the

applicant may present information to the Zoning Officer in

Pequea Township Zoning Ordinance 117

support of his or her position. This information shall be

prepared by a recognized professional with competence in the

field. The Zoning Officer shall make a decision on the proper

extent of the karst hazard based on the information present, with

the assistance of any technical review deemed appropriate.

Section 479 Procedures

Whenever an application for a building permit, variance,

conditional use or special exception is made, the Zoning Officer

shall determine from the Karst Hazard Indicator Map whether or

not karst features are likely to be present and shall so notify

the applicant. The applicant must provide the Township with a

map at a scale of 1 inch = 100 feet that shows the karst features

listed in Section 479(B).

A) Whenever notified by the Zoning Officer that karst features

are likely to be present, or when the applicant knows these

features are present, the applicant shall engage a qualified

engineer or scientist to review the existing aerial photos,

soils, geological and related data available to him as it may

pertain to the subject property and to make a site inspection

of the property.

B) A site inspection by the applicant’s engineer or qualified

scientist, using all available data and with such assistance

as is needed, shall determine the presence or absence of

karst surface features on the site, and locate the same if

present on a site plan at a scale no smaller than one (1)

inch = one hundred (100) feet. In particular, the following

features shall be located, if present, on the site:

1) Closed depressions.

2) Open sinkholes.

3) Seasonal high water table indicators.

4) Unplowed areas in plowed fields.

5) Surface drainage into ground.

6) "Ghost lakes" after rainfall.

7) Lineaments, faults and fracture traces.

8) Limonite excavations and quarries.

9) Contacts between geologic formations.

10) Any karst feature shown on the Karst Features

Indicator Map.

C) Based upon the site inspection, the applicant’s engineer

Pequea Township Zoning Ordinance 118

shall determine what further testing should be done by the

applicant to ensure compliance with the performance standards

set forth in Section 480. Testing methodology shall be

reasonable under the circumstances, including 1) the scale of

the proposed development; and 2) the hazards revealed by

examination of available data and site inspection.

D) The applicant shall cause the additional testing, if any, to

be effected and shall submit test results to the Township and

the Township Engineer.

E) The Township Engineer shall report to the Zoning Officer, and

Planning Commission, with a copy to the applicant, his

opinion concerning the adequacy of the report submitted based

upon the scale of the development and the hazards revealed by

the report, and shall make recommendations to the Planning

Commission based upon the report submitted concerning the

layout of utility lines, roads, and building location. The

Township Engineer may require the applicant to perform such

additional testing as may be appropriate.

Section 480 Performance Standards

A) All applicants for zoning permits, variances, conditional

uses and special exception uses shall comply with the

requirements of the Karst Hazard Overlay District.

B) No storm water detention or retention basin or similar

facility shall be placed within one hundred (100) feet of any

closed depression or other karst feature [see Section

479(B)]. No storm water detention or retention basin or

facility shall be located within fifty (50) feet from any

surface or identified subsurface pinnacles.

C) No stormwater swale in excess of ten (10) cubic feet per

second for the ten (10) year flood may be constructed within

one hundred (100) feet of the features listed in Section

479(B).

D) No storm sewer pipe shall be constructed within one hundred

(100) feet of the features listed in Section 479(B) unless it

is concrete pipe utilizing O-ring joints. The latter may not

be allowed within seventy-five (75) feet of the features

listed in Section 479(B).

E) No principal or accessory building, no structure, and no

impervious surface shall be located closer than seventy-five

(75) feet from the edge of the features listed in Section

479(B) unless a detailed geotechnical solution to the

subsidence, pollution, and safety problems of the karst

feature has been presented by a competent professional in

carbonate terrain and accepted by the Township after

evaluation by the Township engineer at the applicant’s

expense.

Pequea Township Zoning Ordinance 119

F) No septic system or drain field, no swimming pool, no solid

waste disposal, or recycling area, no solid waste transfer

area or facility, no oil, gasoline, salt or toxic liquid fuel

or chemical storage area, no quarrying, no sewage treatment

plant, no auto salvage yard, junk yards, dumps, and no

blasting for quarrying or well enhancement activities shall

occur within one hundred (100) feet of the features listed in

Section 479(B) unless a detailed geotechnical solution to the

subsidence, pollution, and safety problems of the karst

feature has been presented by a competent professional in

carbonate terrain and accepted by the Township after

evaluation by the Township Engineer at the applicant’s

expense.

G) Soil conservation plans filed with the County Soil

Conservation Service shall detail safeguards to protect karst

features from runoff changes.

H) All underground utility lines located in the Karst Hazard

Overlay District shall be so constructed as to not permit the

flow of water along the utility line trench, and shall be

imperviously diked at thirty (30) foot intervals.

I) On-site wells shall not be created within one hundred (100)

feet of the features listed in Section 479(B) or within one

hundred (100) feet of any existing subsurface sewage disposal

drain field or within one hundred (100) feet of any location

where such a drain field may reasonably be located on

adjacent premises.

J) The use of fill containing any material which would represent

a potential contamination hazard is prohibited within two

hundred (200) feet of features in Section 479(B).

K) No person shall place or cause to be placed any substances or

objects, other than those approved by the Township, in any

sinkhole at any time.

Section 481 Appeals to Zoning Hearing Board

Where the Zoning Officer’s determination of the extent to which

a lot or lots lie within the Karst Hazard District is appealed to

the Zoning Hearing Board, as provided in this Ordinance, the

appellant shall bear the burden of establishing, through actual

field surveys or otherwise, that such conditions do not exist on

the land in question.