A.
Purpose and intent. The purpose of this Article VI of this chapter is to:
(1)
Provide a framework for enabling legislation to aid in the creation
of various overlay zoning districts, each with special regulations,
requirements, and standards;
(2)
Provide a description of special regulations, requirements, and standards
associated with each overlay zoning district; and
(3)
Provide guidelines for the application of each overlay zoning district
created to assure conformity with the purpose and development objectives
of the applicable overlay zoning district.
B.
General provisions.
(1)
This Article VI of this chapter establishes overlay zoning districts that include additional specific regulations, requirements, and standards of limited application to certain designated areas within Fairview Township.
(2)
Overlay zoning districts provide additional considerations for development within specific designated areas of Fairview Township that are identified as possessing special and/or unique conditions, characteristics, circumstances, and/or resources of importance, interest, and/or value to Fairview Township. Such overlay zoning districts are established for the purposes of protecting the health, safety and general welfare, and furthering the community development objectives set forth in Article I of this chapter relating to purpose of enactment.
(3)
Overlay zoning districts may encompass one or more applicable underlying
or base zoning districts, and impose additional or different regulations,
requirements, and standards than those which are required by the applicable
underlying or base zoning districts.
(4)
Applications for development are subject to the provisions of both
the applicable underlying or base zoning district and the overlay
zoning district.
(5)
Although overlay zoning districts may be more or less restrictive than the applicable underlying or base zoning district, unless otherwise specified in this Article VI of this chapter, wherever and whenever the regulations, requirements, and standards of overlay zoning districts are at variance with the regulations, requirements, and standards of applicable underlying or base zoning districts, the most restrictive, or that imposing the higher standards, shall govern development.
C.
Overlay zoning districts established. The following overlay zoning districts as set forth in Table 6-1 and associated special regulations, requirements, and standards are hereby established, and the respective overlay zoning districts are shown on the "Township of Fairview, York County, PA: Official Zoning Map" listed in Article III of this chapter relating to Zoning Districts and Map:
A.
Application. The regulations and standards contained in this section
shall apply to all applications for development within the Airport
Overlay Zoning District of the Township of Fairview to:
B.
Purpose and intent. The purpose of the Airport Overlay Zoning District
is to:
(1)
Create an overlay zoning district that considers safety issues around
the Capital City Airport (CXY) and Harrisburg International Airport
(MDT);
(2)
Regulate and restrict the heights of established uses, constructed
structures, and objects of natural growth;
(3)
Create appropriate related zones, establishing the boundaries thereof
and providing for changes in the restrictions and boundaries of such
zones; and
(4)
Create a permitting process for certain uses, structures, and objects
within said related zones.
C.
Relation to other zoning districts. The Airport Overlay Zoning District
shall not modify the boundaries of any other overlay zoning district.
Where identified, the Airport Overlay Zoning District shall impose
certain requirements on land use, construction, and development in
addition to those contained in the applicable underlying or base zoning
district and/or applicable overlay zoning district for the same area.
D.
Establishment of airport zones. The Airport Overlay Zoning District is hereby established and certain zones within the Airport Overlay Zoning District, defined in Article II of this chapter relating to definitions and depicted on Figure 6.1, FAR Part 77 Surfaces and Dimension Requirements,[1] and shown on Township of Fairview, York County, PA: Official Zoning Map listed in Article III of this chapter relating to zoning districts and map, as follows:
(1)
Approach Surface Zone (ASZ).
(2)
Conical Surface Zone (CSZ).
(3)
Horizontal Surface Zone (HSZ).
(4)
Primary Surface Zone (PSZ).
(5)
Transitional Surface Zone (TSZ).
[1]
Editor's Note: Figure 6.1 is included as an attachment
to this chapter.
E.
Permit applications.
(1)
Applications; BOA determination.
(a)
As regulated by Act 164[2] and defined by 14 Code of Federal Regulations Part 77.13(a)
(as amended or replaced), proposals for applications to:
[1]
Erect a new structure;
[2]
Add to or increase the height of an existing structure; or
[3]
Establish, erect, and/or maintain any use, structure, or object
(natural or man-made), in the Airport Overlay Zoning District.
[2]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
(b)
The applicant shall first notify PennDOT's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. PennDOT's BOA response shall be included with this permit application for it to be considered complete. If PennDOT's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this section of the Airport Overlay Zoning District. If PennDOT's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Subsection F of this section.
(2)
Exceptions. In the following circumstances, notification of an approval
by PennDOT's Bureau of Aviation (BOA) shall not be required:
(a)
No permit is required for the routine maintenance and repairs
to, or the replacement of parts of existing structures which do not
enlarge or increase the height of an existing structure.
(b)
In the areas lying within the limits of the horizontal zone
and/or conical zone, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour, or topographic features, such tree
or structure would extend above the height limits prescribed for such
zones.
(c)
In the areas lying within the limits of the approach zones,
but at a horizontal distance of not less than 4,200 feet from each
end of the runway, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limit prescribed for such
approach zones.
(d)
In the areas lying within the limits of the transition zones
beyond the perimeter of the horizontal zones, no permit shall be required
for any tree or structure less than 75 feet of vertical height above
the ground, except when such tree or structure, because of terrain,
land contour, or topographic feature, would extend above the height
limit prescribed for such transition zones.
(e)
Nothing contained in any of the foregoing exceptions shall be
construed as permitting or intending to permit any construction, or
alteration of any structure, or growth of any tree in excess of any
of the height limits established by this Airport Overlay Zoning District,
except that no permit is required to make maintenance repairs to or
to replace parts of existing structures which do not enlarge or increase
the height of an existing structure.
F.
Variances. In addition to the provisions set forth in Article XII of this chapter relating to Zoning Hearing Board, any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations Part 77 Subpart B (FAA Form 7460-1, as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the Federal Aviation Administration's (FAA) and PennDOT's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(1)
No objection. The subject construction is determined to not exceed
obstruction standards and marking/lighting is not required to mitigate
potential hazard. Under this determination, a variance shall be granted.
(2)
Conditional determination. The proposed construction/alteration is
determined to create some level of encroachment into an airport hazard
area which can be effectively mitigated. Under this determination,
a variance shall be granted contingent upon implementation of mitigating
measures as described in Subsection J.
(3)
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant. Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the purpose and intent in Subsection B.
G.
Use restrictions. Notwithstanding any other provisions in this section,
no use shall be made of land, water, or structure within the Airport
Overlay Zoning District in such a manner as to:
(1)
Create electrical interference with navigational signals or radio
communications between the airport and aircraft;
(2)
Make it difficult for pilots to distinguish between airport lights
and others;
(3)
Impair visibility within the Airport Overlay Zoning District of the
Township of Fairview;
(4)
Create bird strike hazards; or
(5)
Otherwise endanger or interfere with the landing, takeoff or maneuvering
of aircraft utilizing the airport(s).
H.
Nonconforming uses, structures, and/or trees. The regulations prescribed by this section shall not be construed to require the removal, lowering, or otherwise change to, or alteration of any use, structure, and/or tree identified as nonconforming to the regulations of this section as of the effective date of this chapter, or to otherwise interfere with the continuance of a nonconforming use, structure, and/or tree. No nonconforming use or structure shall be altered, nor tree permitted to grow higher, so as to increase the nonconformity (relating to height and the use restrictions set forth in this section). A nonconforming use, structure, or tree once abandoned or damaged or destroyed as per to the standards in Article XI of this chapter relating to existing nonconforming uses and structures, may only be reestablished consistent with the provisions of this section and Article XI of this chapter relating to existing nonconforming uses and structures.
(1)
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this section and Article XII of this chapter may be conditioned according to the process described in Subsection F, to require the owner of the structure or object of natural growth in question to permit the Township of Fairview, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
A.
Purpose and intent. The purpose of the Scenic River Corridor Overlay
Zoning District is to protect, enhance, and promote the Yellow Breeches
Creek. The Yellow Breeches Creek is designated as a Scenic River and
identified as High-Quality Cold Water Fishes (HQ-CWF) protected watercourse
by the Commonwealth of Pennsylvania. The Yellow Breeches Creek is
an important environmental, social, economic, historic, scenic, and
recreational asset and resource of local and statewide importance,
as set forth in the most recent versions of the Fairview Township
Comprehensive Plan and the Yellow Breeches Creek Rivers Conservation
Plan.
B.
Establishment Scenic River Corridor Overlay Zoning District boundaries.
The Scenic River Corridor Overlay Zoning District shall consist of
all water and the adjacent land areas within 100 feet of the top of
the established stream banks along the Yellow Breeches Creek.
C.
Permitted uses. The following uses shall be permitted in the Scenic
River Corridor Overlay Zoning District, provided that they are in
compliance with the provisions of the underlying zoning district,
are not prohibited by another Fairview Township ordinance or regulation,
and are conducted in accordance with the guidelines as set forth within
the Management Guidelines of the Scenic Rivers Program, as amended;
and further provided that they do not require building(s), fill, or
storage of materials and equipment.
(1)
Common open space, nature preserves and wildlife sanctuaries, forest
preserves, passive recreational and park areas, trails, greenways,
and similar uses.
(2)
Fishing, swimming, boating, etc.
(3)
Boat launching facilities, provided that parking areas and other
uses associated with the boat launch are placed outside of the Scenic
River Corridor Overlay Zoning District.
(4)
River-oriented uses.
(5)
Municipal-owned uses.
(6)
Educational and scientific uses.
(7)
Essential services.
(8)
Stream bank and watershed improvements approved by the York County
Conservation District, and/or the Commonwealth of Pennsylvania.
(9)
Crossings by recreational trails, roads, railroads, sewer and water
lines, and public utility transmission lines, provided that all necessary
permits and approvals from federal, state, and local agencies are
received and that required plantings are of native species and maintained.
D.
Prohibited uses. The following uses shall be prohibited in the Scenic
River Corridor Overlay Zoning District:
E.
Required vegetation. Within the Scenic River Corridor Overlay Zoning
District, vegetative plantings including trees, shrubs and ground
cover shall be provided and shall be maintained for stream bank stabilization,
soil stability, and habitat for native animal species.
(1)
Existing vegetative plantings shall not be removed within the Scenic
River Corridor Overlay Zoning District, except:
(2)
Any new vegetative plantings and/or replacement of existing vegetative
plantings shall be of native plant materials to stabilize any disturbed
landscapes, improve the function of the floodplain, screen and buffer
adjacent land uses and improve the aesthetic condition of the corridor
whenever possible.
(3)
Regular maintenance/pruning of landscaping, including the removal
of dead and/or diseased vegetation, shall be permitted.
