§ 27-514. Alluvial Soil Area and Major Drainage Swale Area Regulations.
   1.   Purpose.
      A.   To regulate development in areas of Hanover Township in which alluvial soils adjacent to streams and in major surface water drainage areas are known to possess characteristics indicative of flooding and/or chronic wetness which, if indiscriminately developed, could pose hazards to the public health, safety and welfare due to flooding and pollution and to regulate development in areas of known flooding in the community.
      B.   To reduce the financial burden imposed on the community, its governmental units and its individuals by frequent and periodic floods and overflows on lands.
      C.   lb permit certain uses which can be appropriately located in such areas and which will not impede the flow of flood waters, or otherwise cause danger to life and property at, above or below their locations along the flooding.
      D.   To provide sufficient drainage courses to carry abnormal flows of storm water in periods of heavy precipitation.
      E.   To permit and encourage the retention of open land uses which will be so located and designed as to constitute an appropriate part of the physical development of Hanover Township as provided for in the Comprehensive Plan.
   2.   Alluvial soil area and major drainage swale areas shall be designated as follows:
      A.   Areas designated as "alluvial soils" on the Official Zoning Map are based on the soil map prepared by the Soil Conservation Service, U.S. Department of Agriculture and published in the Lehigh County Soil Survey, 1963. These areas contain soil types identified by the Lehigh County Soil Survey as alluvial soils which are water deposited soils and represent areas most often inundated by flood waters.
      B.   The areas delineated as "alluvial soils" on the Official Zoning Map shall be used only to determine where the provisions of § 27-514(3) apply. These delineated areas shall not be considered as exact delineations for purposes of applying specific regulations of § 27-514(3)(A)(2).
   3.   Regulations and Procedures for Areas Designated As Alluvial Soils and Swale Drainage Areas.
      A.   Proposed use of alluvial soil and major Official Zoning Map shall be reviewed and approved in accordance with the following procedures and regulations:
         (1)   All plans for uses requiring or involving structures and facilities which will be located in or within a distance of 50 feet from areas designated on the Official Zoning Map and all plans for the development of recreational or utility uses within or adjacent to those areas shall be subject to a detailed, on-site soil and drainage survey to determine the exact extent and nature of areas susceptible to potential problems of flooding, wetness or pollution in such areas, the Zoning Officer shall require that a detailed on-site survey be made by a qualified engineer or soil scientist in accordance with accepted professional survey techniques.
         (2)   On any site or portion of a site which is found, based upon detailed investigation pursuant to the provisions of the approval procedure as indicated above, to contain potential hazards due to flooding, chronic wetness, or pollution, the use regulations of the District in which the site is located shall apply except that the following uses shall be prohibited: all permanent residential dwellings and permanent commercial or industrial buildings and their accessory buildings; the filling of marshlands, removal of topsoil or damming or relocation of any watercourse except with the approval of the Commonwealth of Pennsylvania Department of Environmental Protection; and sanitary landfill, dump, junkyard, outdoor storage of vehicles and/or materials, including manure.
(Ord. 45, Z-§ 514, 5/12/76)