Horizontal Surface Zone: The horizontal surface zone is established beneath the horizontal surface to a height of one hundred fifty (150) feet above the airport elevation. The perimeter of the horizontal surface zone is constructed by swinging arcs of five thousand (5,000) feet radii from the center of each end of the surface of the runway and by connecting said arcs by drawing lines tangent to those arcs. The airport elevation is hereby established as five hundred sixty-five (565) feet above sea level.

Conical Surface Zone: The conical surface zone is established beneath the conical surface. This zone commences at the periphery of the horizontal surface and extends outward therefrom a distance of four thousand (4,000) feet. It is hereby acknowledged that only a portion of the conical surface zone is applicable in Fairfield Borough.

Conical Surface Zone: All uses in the underlying Zoning District shall be permitted in accordance with the bulk, area, and performance standards associated with said uses unless otherwise indicated herein.

Building height or tree height that extends into the conical surface zone.

Electrical interference with navigational signals or radio communication between the airport and the aircraft.

Lighting interference making it difficult for pilots to distinguish between airport lights and others.

Impairment to visibility as a result of glare in the eyes of pilots using the airport or in the vicinity of the airport.

Attraction of birds and creation of bird strike hazards.

In any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

The regulations of this Section shall not be construed to require the removal, lowering, or other change in any structure or tree not conforming to the requirements of this Section as of the effective date of this Section, or otherwise interfere with the continuance of any nonconforming use, except as provided herein.

Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which has begun prior to the effective date of this Section.

Before any nonconforming structure may be replaced, substantially altered, or rebuilt, or before any nonconforming tree may be allowed to grow higher or replanted, a Zoning Permit must be secured from Fairfield Borough authorizing such change. No Zoning Permit shall be granted that would allow the establishment or creation of any obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this Section, or any amendments thereto, or than it was when the application for a Zoning Permit was made.

Nonconforming Uses Abandoned or Destroyed: Whenever the Zoning Officer determines that a nonconforming tree or structure has been abandoned or more than eighty percent (80%) torn down, physically deteriorated, or decayed, no Zoning Permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from this Section.

Every deed conveying property located in the Airport Overlay District shall contain the following language:

This real property, hereinafter "property," which may or may not be part of a larger development, is conveyed to <<Name of Conveyee>> with the understanding that there is an airport located in close proximity to portions of the property. The airport is located at 154 Pecher Road in Liberty Township, Adams County, Pennsylvania, and is designated in Federal Aviation Administration records as W73.

<<Name of Conveyee>> hereby receives this property with the understanding of the above disclosure and hereby covenants and agrees for him/herself, his/her heirs, assigns, and successors in interest to accept the flight operations of the airport, including reasonable future expansion of the airport and activities related thereto and change of ownership of the airport, and not take or participate in any action adverse to the flight operations of the airport as disclosed herein.

Where the property to be developed includes multiple lots or uses proposed by a developer, the following acknowledgment of the Airport flight operations shall be included in the public offering statement, and the following shall be incorporated in each individual deed:

This real property is acquired with the understanding that there is an airport located in close proximity to the development of which this property is a part. The airport is located at 154 Pecher Road in Liberty Township, Adams County, Pennsylvania, and is designated in Federal Aviation Administration records as W73. Departures and arrivals may cross over substantial portions of the development.