Penn Township Lancaster County
City Zoning Code

Special Exception Uses. Where any of the following uses are allowed in the underlying zoning district, special exception approval shall be required within SW2. As an additional requirement for special exception approval, the applicant shall provide credible evidence that sufficient measures will be used to avoid and contain unpermitted releases or spills of potential contaminants of surface waters and groundwater. If a use is normally permitted by right in the underlying zoning district, then the only criteria that shall apply for special exception approval shall be compliance with this Part 10.

Any agricultural, commercial or industrial facility involving the collection, handling, manufacture, use, storage, transfer or disposal of any potential contaminants of groundwater or surface water must have a suitable system to contain any spills, leaks or unauthorized releases. For example, activities involving the unloading of hazardous materials from trucks shall occur over an impervious surface material that is designed to contain any leaks. Hazardous materials shall not be allowed to flow into a floor drain in a way that would directly enter into a septic system or sewage system without a method to contain any spill. Containment systems shall be designed to be easily inspected. The Township may require that tanks or buried pipes carrying such materials have double walls, liners or alternative methods of protection approved by the Zoning Hearing Board.

All uses and facilities must adhere to applicable federal and state standards for storage, handling and disposal of any explosive, flammable, hazardous, toxic or radioactive materials.

An acceptable contingency plan must be prepared for preventing hazardous materials from contaminating the groundwater and surface water in the event of a vehicle crash, flood, fire, power failure, vandalism, equipment failure or similar event. Improvements shall be installed as needed to implement the contingency plan.

Prohibited Uses. The following uses are specifically prohibited in the SW2 and SW3 Overlay Districts:

Notice. Where a special exception approval is required under this Part 10, or where a variance is requested to a requirement of this Part 10, the applicable public water supplier should be contacted and provided an opportunity to comment on the application prior to a decision by the Zoning Hearing Board.

See also § 27-327 regarding clean fill, capping of abandoned wells, and reporting of possible contamination. See also § 27-321 regarding disposal of dead animals.

All human cemeteries shall use burial vaults or grave liners that are designed to prevent groundwater contamination by funeral chemicals.

Animal manure shall be incorporated into the soil within the maximum time frame provided in the Pennsylvania Manure Management Program Technical Guide.

It shall be the responsibility of the property owner to properly repair any sinkhole in a timely manner to prevent surface water contaminants from entering directly into the groundwater.

The Township may require that a stormwater detention basin include a suitable liner if necessary to avoid sinkholes or groundwater contamination.

The Township may require any entity to show proof of compliance with federal and state regulations regarding fuel storage tanks.

See also regulations in the Township floodplain regulations for the storage of hazardous substances within the 100-year floodplain.

If land within SW2 or SW3 is subdivided, the Township may require that the subdivision or land development plan and/or each deed include language stating that the property is within a Source Water Protection Zone, and to notify persons that additional Township regulations apply to protect water quality.