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Freedom Township City Zoning Code

ARTICLE XII

Special Overlay Provisions

§ 230-56 Floodplain Overlay.

A. 
Intent. The Floodplain Overlay is intended to encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future, minimize danger to public health by protecting water supply and natural drainage, reduce financial burdens imposed on the Township and their residents by preventing excessive development in areas subject to flooding and comply with federal and State Floodplain management requirements.
B. 
Regulations. All uses, activities, and development occurring within the FO District shall comply with Chapter 101, Floodplain Management, as may be amended, of the Freedom Township Code. All zoning permit approvals issued in accordance with this chapter shall be subject to compliance with the applicable provisions of Chapter 101, Floodplain Management. No zoning permit approval for a use, activity, or development that is also subject to the provisions of Chapter 101, Floodplain Management, shall be issued until such time that all permitting required by Chapter 101, Floodplain Management, is obtained by the applicant.

§ 230-57 Historic Property Overlay.

A. 
Intent. The Historic Property Overlay is intended to preserve for posterity significant architecture, natural sites and other historic sites within the boundaries of Freedom Township where appropriate.
B. 
Classification. These historic properties are defined as follows:
(1) 
Certified historic structures.
(2) 
Contributing resources (buildings, sites, structures) which have been filed with the National Register of Historic Places.
(3) 
Buildings, sites, and structures which have received a determination of eligibility.
(4) 
Those properties not meeting National Register criteria but determined to be of historical or architectural significance to Freedom Township and appropriately documented.
C. 
Use provisions.
(1) 
Historic properties may not be rehabilitated, expanded, demolished, or altered without review by the Zoning Hearing Board as a special exception. In general, no historic property may be enlarged beyond what is minimally necessary to accommodate uses permitted in the district.
(2) 
Plans for any rehabilitation, restoration, alteration, or enlargement deemed necessary by the applicant to utilize the historic property shall be submitted to the Zoning Officer for review.
(3) 
Any subdivision which contains a historic property shall be accomplished in such a manner that any lot containing a historic resource will be large enough to preserve the integrity of the setting.
(4) 
Any proposed rehabilitation, alteration, or enlargement of a historic resource shall be in substantial compliance with the Secretary of the U.S. Department of the Interior's standards for rehabilitation.

§ 230-58 Gateway Corridor Overlay.

A. 
Intent. The overall purpose of the gateway corridor overlay is to ensure that the scenic and historic qualities of certain rural corridors, which serve as gateways to the Township and the Gettysburg National Military Park, are respected by appropriate development harmoniously sited, designed, and landscaped. These corridors are identified as Pumping Station Road and Emmitsburg Road from Bullfrog Road to the Township boundary with Cumberland Township.
B. 
General provisions.
(1) 
Landowners are encouraged to limit the number of access points for any tract in this corridor.
(2) 
As appropriate, each new and/or expanded development shall be required to plan for and provide points of interconnection to adjoining parcels.
(3) 
In general, all new development shall be set back at least 30 feet or the minimum front yard setback as applicable from the edge of the right-of-way and shall be buffered with landscaping including shade trees, flowering shrubs, and perennials arranged in a park-like fashion.
(4) 
No parking is permitted in the buffered area.
(5) 
The setback acreage for the corridor will become part of any minimum open space requirements of the underlying district. Ultimate density will not be affected by these corridor buffer requirements.
(6) 
Whenever feasible, existing mature trees and hedge rows that may already exist in the proposed buffer area shall be retained and incorporated into the new planting schemes.

§ 230-59 Building Placement Overlay.

A. 
In order to maintain visually the rural and historic character of Freedom Township, it is recommended that buildings be sited on any tract in the AG and RC Districts so that the building is not constructed:
(1) 
Along the top of a ridge line;
(2) 
In an open field without vegetative screening; or
(3) 
Without consideration of environmentally sensitive areas.
B. 
Whenever feasible, buildings shall be located on the edge of fields and in wooded areas to minimize the visual impact of development.

§ 230-60 Airport Overlay.

A. 
Purpose. The purpose of the Airport Overlay (AO) is to prevent the creation or establishment of a hazard within an airport hazard area, to regulate the land uses permitted within the territorial limits of such airport hazard area, to regulate the height to which structures may be erected or objects of natural growth may be allowed to grow, pursuant to the authority conferred by 1984 Pa. Laws 164, codified at 74 Pa.C.S.A. § 5101 et seq., hereinafter "Aviation Code," and 74 Pa.C.S.A. § 5911 et seq., hereinafter "Airport Zoning Act," as amended or reauthorized.
[Amended 2-9-2022 by Ord. No. 2022-02; 2-9-2022 by Ord. No. 2022-03]
B. 
Regulated area. The lands within Freedom Township subject to the Airport Overlay District are those contained within the defined Airport Hazard Area of the Mid-Atlantic Soaring Center (the airport), located at 154 Pecher Road in Liberty Township, Adams County. The Airport Hazard Area is defined by the Mid-Atlantic Soaring Center Airport Surface Areas Map, as may be updated or amended, and as prepared by the Pennsylvania Department of Transportation (PennDOT) Bureau of Aviation. The map is hereby included by reference as a component of "The Freedom Township Zoning Map - Airport Overlay," and is included as Appendix A.[1]
[1]
Editor's Note: See the Zoning District Map, which is an attachment to this chapter.
C. 
Airport surface zones. In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying beneath the Airport Hazard Area associated with the airport. Three zones cover land within Freedom Township. Therefore, the following listing of zones is limited to those zones necessary to establish the required regulations within the Freedom Township portion of the Airport Hazard Area:
(1) 
Airport elevation. The airport elevation is hereby established as 565 feet above sea level.
(2) 
Primary Surface Zone. The Primary Surface Zone is centered longitudinally on the center line of the runway and extends 200 feet beyond the end of said runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point of the runway center line. As such, the Primary Surface Zone is also established at 565 feet above sea level.
(3) 
Approach Surface Zone. The Approach Surface Zone is centered longitudinally on the extended runway center line and extends outward and upward from each end of the Primary Surface Zone. The Approach Surface Zone is applied to each end of the runway based on the planned approach. The inner edge of the Approach Surface Zone is the same width as the Primary Surface Zone and expands uniformly to a width of 1,250 feet. The Approach Surface Zone extends for a horizontal distance of 5,000 feet from the Primary Surface Zone, and upward at a slope of 20 horizontal to one vertical. As such, Approach Surface Zone extends from an elevation of 565 feet above sea level at the Primary Surface Zone to an elevation of 815 feet above sea level at the point 5,000 feet from the Primary Surface Zone.
(4) 
Horizontal Surface Zone. The perimeter of the Horizontal Surface Zone is constructed by swinging arcs of 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 Horizontal Surface Zone is established beneath the horizontal surface to a height of 150 feet above the airport elevation. As such, the Horizontal Surface Zone is established at an elevation of 715 feet above sea level.
(5) 
Conical Surface Zone. The Conical Surface Zone is established at the periphery of the horizontal surface and extends outward therefrom a distance of 4,000 feet. The Conical Surface Zone extends upward in all directions from the Horizontal Surface Zone at a slope of 20 horizontal to one vertical. As such, the Conical Surface Zone extends from an elevation of 715 feet above sea level at the Horizontal Surface Zone to 915 feet above sea level at the point 4,000 feet from the Horizontal Surface Zone.
D. 
Permitted uses. The following uses are permitted in the zones set forth above:
(1) 
Approach 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.
(2) 
Horizontal 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.
(3) 
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.
E. 
Use restrictions. The following general restrictions shall apply to all Airport Surface Zones. No use may be made of land or water within any zone that would result in the following:
(1) 
Building height or tree height that extends into the Airport Surface Zones.
(2) 
Electrical interference with navigational signals or radio communications between the airport and the aircraft.
(3) 
Lighting interference making it difficult for pilots to distinguish between airport lights and others.
(4) 
Impairment to visibility as a result of glare in the eyes of pilots using the airport or in the vicinity of the airport.
(5) 
Attraction of birds and creation of bird strike hazards.
(6) 
In any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
F. 
Nonconforming uses. The following regulations shall apply to nonconformities within the Airport Overlay District. These shall be in addition to the regulations of Article XIII:
(1) 
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.
(2) 
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.
(3) 
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 Freedom Township 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.
(4) 
Nonconforming uses abandoned or destroyed. Whenever the Zoning Officer determines that a nonconforming tree or structure has been abandoned or more than 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.
G. 
Airport Overlay disclosures.
(1) 
Every deed conveying property located in the Airport Overlay District shall contain the following language:
(a) 
"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."
(b) 
"<<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."
(2) 
Where the property to be developed includes multiple lots or uses proposed by a developer, the following acknowledgement of the airport flight operations shall be included in the public offering statement, and the following shall be incorporated in each individual deed.
(a) 
"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."