London Grove Township
City Zoning Code

The Groundwater Protection District consists of the area underlain by the Cockeysville Marble Formation, all areas containing the soils set forth in this section and a 150-foot buffer which surrounds the Cockeysville Marble Formation and/or these soils. The area within the Ground Water Protection District shall be based upon the latest geology mapping as issued by the Pennsylvania Bureau of Topographic and Geologic Survey, Department of Conservation and Natural Resources as updated from time to time. The district boundaries shall include all land containing Hagerstown Silt Loam (Ha), Conestoga Silt Loam (Cm), Guthrie Silt Loam (Gu) and Hollinger Silt Loam (Ho) soils. The locations of these soils in London Grove Township are designated in the U.S. Soil Conservation Service, Soil Survey, Chester and Delaware Counties, Pennsylvania, May 1963, and which may be updated from time to time. Within the Ground Water Protection District, special use restrictions and stormwater management measures are to be taken to ensure recharge, to prevent sinkhole formation and to protect the groundwater and surface waters from contamination.

The Ground Water Protection District is being applied as an overlay district on the otherwise applicable zoning districts as delineated on the zoning map for London Grove Township. The Ground Water Protection District prohibits certain uses and imposes a set of requirements in addition to the underlying zoning district, requiring that land be used only if permitted within the Ground Water Protection District and the underlying zoning district and under conditions and requirements of both districts.

The Ground Water Protection District may also be referred to within this chapter as the "Carbonate Area Overlay District," "Carbonate Area," or "Cockeysville Marble Area" which terms shall be used interchangeably and represent the same area and district as the Ground Water Protection District.

The township shall review all applications for compliance with the provisions of this section on the basis of carbonate area boundaries described in the Groundwater Protection District.

Where interpretation is needed as to the extent and exact location of the boundaries of the district, for example, where there appears to be a conflict between a mapped boundary and actual field conditions, an initial determination shall be made by the township engineer.

Any party seeking a determination of the exact boundary may submit a geological study of the area in question or other pertinent documentation for consideration. If the township engineer determines that the project is in compliance or compliance with additional conditions, the applicant is exempt from other provisions of this part. The township engineer shall make a written report of the results of his initial determination, a copy of which shall be provided to the board of supervisors.

Any party may appeal the determination of the township engineer to the zoning hearing board. The applicant shall have the burden of proof in any appeal.

Should the Groundwater Protection District be declared inapplicable by reason of amendment by the board of supervisors, or change in mapping or interpretation of the zoning hearing board, or court of competent jurisdiction, the zoning applicable to such tract shall be deemed to be the district in which said tract is located without consideration of this part.

The applicant shall deposit with the treasurer of the township such a sum of money as set forth in the fee schedule adopted by the board to pay the cost of the hearing, provided that funds deposited in excess of the actual cost of the requested hearing shall be returned to the applicant upon completing of the proceedings and in the event that the costs of the hearing exceed the funds deposited, the applicant shall pay to the treasurer of the township funds equal to such excess cost.

This part shall not repeal, impair, or abrogate any existing easements, covenants or deed restrictions. However, in all cases the applicable regulations and or documents that impose the greater restrictions shall prevail.

In carbonate areas, development of land creates the potential for certain problems, including:

No structure, land or water shall be used or developed, and no structure shall be located, extended, converted or structurally altered in the Groundwater Protection District unless the applicant can minimize the adverse impacts of the proposed action.

Should the township find that an applicant may create a significant risk to the public's health, safety or welfare, in spite of taking all reasonable measures to minimize such risks, or should the township determine the applicant has not taken all reasonable actions to minimize said risks, the township may deny the application in accordance with Ground Water Protection District standards.

The below ground storage of heating oil, gasoline, chemical solutions or other substances, which if released, would cause pollution to ground or surface waters are expressly prohibited within the district.

Only earth filling materials that are non-polluting, as defined by Pennsylvania DEP may be used within the district.

Land grading or construction of buildings or other site improvements, which would directly or indirectly diminish the flow of natural springs is prohibited. If necessary, the township may require the applicant to provide water table data from observation wells suitable for estimating conditions on the site.

Public health and safety is to be protected by assuring that there shall be no contamination of groundwater through runoff in the Cockeysville Marble Area (carbonate area).

Continued groundwater recharge is to be assured through diffuse infiltration through upper soil horizons, through wooded grounds, grassy areas and infiltration berms, impervious coverage of site in, or partially in the carbonate area shall not exceed 50% of the portion that is within the carbonate area. The total permissible impervious cover shall be prorated, depending on the percentage that lies within the carbonate area.

Induced concentrated infiltration through infiltration devices for stormwater runoff shall not have a head of more than two feet in the Cockeysville Marble Area.

Groundwater recharge and pollution control standards for the Carbonate Area Overlay District as described in elsewhere in this chapter and other relevant sections of the stormwater management ordinance [chapter 20] shall apply. No pollutants that exceed federal and state standards for potable water shall be allowed to enter the aquifer.

Only uses permitted "as of right" or "by right" in the underlying zoning district. Uses that are permitted by conditional use or special exception in the underlying zoning district are not permitted in the Ground Water Protection District.

Commercial composting processing operations and agricultural composting processing operations.

The following uses are expressly prohibited in the Ground Water Protection District under any circumstances:

Exempted from the procedures of this part are the following uses:

Prior to the issuance of a zoning permit for the construction of any nonexempt building within the Groundwater Protection District, the applicant shall ensure that the proposed construction, and any sewage effluent associated therewith, shall comply with the performance standards set forth in this part. Where the proposed development requires zoning, subdivision or land development approval prior to issuance of a zoning permit, the procedures to ensure compliance with the performance standards shall precede or accompany the zoning application or the preliminary plan application, whichever is submitted first. The following specific procedures shall be follows:

An EAR shall be prepared in accordance with the provisions of all applicable sections of this chapter. The burden of an EAR is to provide information that demonstrates how the applicant can comply with all standards of this part, or that one or more of the standards would not be applicable, given the condition of the property and existing or intended uses thereon, or that the proposed actions pose no threat to the public health, safety or welfare.

The format and content of the EAR shall be as follows:

The EAR must be received by the township no later than 30 days prior to the final date by which the township must formally act upon the application. The EAR shall be submitted in six copies to the township. The township engineer shall review the EAR and submit the review to the board, with a copy to the applicant.

Following the report of the township engineer on any submission under the Groundwater Protection District requirements, the board shall either approve the application, approve with conditions, or reject the application and shall do so within any applicable time period unless a request to extend the time period is mutually agreed upon by the applicant and township.

Where compliance with this section is required as part of an application for subdivision or land development approval, the board's decision on whether compliance has been achieved shall be made a part of its decision on the subdivision or land development application.

Where the application is part of a request for a zoning permit, the zoning officer shall not issue a permit until the terms of this section, and any conditions imposed upon the use of the property at the time of subdivision or land development approval, are satisfied.

Stormwater management areas consist of the following: