Newberry Township York County
City Zoning Code
City Zoning Code
ARTICLE IV
Overlay Zoning Districts
§ 380-30 Rural Commercial Overlay.
A.
Purpose. The purpose of the Rural Commercial Overlay is very similar to the Rural Industrial Zoning District in that it is an area for light commercial uses that does not require large volumes of water, nor generate large volumes of sewage. This overlay is not part of the Township's growth area; therefore, public sewer or public water should not be extended into areas covered by this overlay unless to address a public health issue. Generally, uses in this overlay district sustain a distinctly low impact character that differs from the other high traffic generating commercial classifications. The designation of this overlay zoning district from the underlying Rural Resource Zoning District in the area of the Susquehanna Speedway will prevent existing residential uses from being classified as nonconforming uses.
B.
Permitted uses. All legally established uses allowed in the Rural Resource Zoning District, whether by right, by special exception or by conditional use, shall be permitted to be legally established as uses by right, by special exception or by conditional use, subject to the provisions stated in § 380-27 of this chapter, so as not to create nonconformities. In addition to the uses permitted in the underlying zoning district, the following shall also be permitted uses in the Rural Commercial Overlay, provided that they are in compliance with the design standards and use provisions of § 380-27 (Rural Resource Zoning District), General and Supplementary Use Provisions of Article V, and are not prohibited by another ordinance.
(1)
Uses.
(a)
Flea markets [§ 380-59A(22)].
(b)
Indoor commercial recreation facilities [§ 380-59A(32)].
(c)
Mini-warehouses [§ 380-59A(38)].
(d)
Public uses.
(e)
Outdoor commercial recreation facilities [§ 380-59A(44)].
(f)
Racetracks/speedways [§ 380-59A(48)].
(g)
Repair shops, including small engine as well as those products permitted to be manufactured in the underlying zoning district.
(h)
Sign makers.
(i)
Welding shops.
C.
Establishment of rural commercial overlay boundaries. The Rural Commercial Overlay Zoning District shall consist of all land identified on the Official Zoning Map as Rural Commercial Overlay.
D.
Maximum lot coverage. Except as otherwise noted in this chapter, the maximum lot coverage shall be 60%.
§ 380-31 Sensitive Environmental Features Overlay.
A.
Purpose. The purpose of the Sensitive Environmental Features Overlay District is to ensure the public health, safety and welfare through the protection of slopes, streams, wetlands, and surface water, which are considered some of the Township's most important natural resources. The Sensitive Environmental Features Overlay includes the following:
B.
Conflict.
(1)
In the event that the provisions of this section and the provisions of other applicable Township ordinance standards are in conflict, the more restrictive provisions shall apply.
(2)
In the event that two or more natural resource areas identified in this section overlap, the resources with the most restrictive standard (the least amount of permitted alteration, regrading, clearing, or building) shall apply to the area of overlap.
C.
Steep Slope Protection Overlay Zoning District.
(1)
Steep slopes and hillsides are unique areas. Slope areas are fragile and susceptible to erosion, landslides, mudslides, degradation of their natural vegetation and increased flooding using conventional development practices. By protecting this asset, the Township intends to:
(a)
Guide development away from steep areas.
(b)
Minimize grading and other site preparation in steep area.
(c)
Provide safe means for ingress and egress while minimizing scarring from hillside construction.
(d)
Preserve the natural conditions in steep areas.
(e)
Prevent flooding and the deteriorating effects of erosion to streams and drainage areas.
(2)
Establishment of slope protection overlay boundaries. The Slope Protection Overlay Zoning District shall consist of all land which has very steep slopes as that term is defined in § 344-9, Specific terms, of Chapter 344, Subdivision and Land Development. The Slope Protection Overlay Zoning District boundary shall be based on a topographic investigation of critical sloped areas as set forth in § 344-42B(5) of Chapter 344, Subdivision and Land Development.
[Amended 9-24-2019 by Ord. No. 410]
(3)
Permitted uses. The following shall be permitted uses in the Slope Protection Overlay Zoning District, provided they are in compliance with the provisions of the underlying zoning district and are not prohibited by another ordinance, and provided that they do not require structures, grading, fill or storage of materials and equipment:
(a)
Agriculture, including general farming, pasture grazing, outdoor plant nurseries, horticulture, truck farming, no-till planting and wild crop harvesting, excluding intensive farming operation.
(b)
Common open space.
(c)
Educational or scientific use not involving buildings or structures.
(d)
Trails and open space and greenways.
(e)
Parks and passive recreational areas not involving structures.
(f)
Accessory residential uses such as gardens, play areas or fences.
(g)
Accessory commercial uses such as picnic areas or fences.
(h)
Essential services provided, they are installed underground.
(i)
Any use permitted within the underlying zoning district shall also be permitted within the Steep Slope Protection Overlay Zoning District, provided the use also complies with the provisions of this § 380-31C and the SALDO, or which requirements of the SALDO have been waived or modified by the Board of Supervisors.
[Added 9-24-2019 by Ord. No. 410]
(4)
Standards.
(a)
The Slope Protection Overlay Zoning District shall be established at the time of subdivision or land development or the application for a zoning permit if there is no subdivision or land development proposed.
(b)
In all subdivision and land development applications, the Steep Slope Protection Overlay Zoning District shall be described by metes and bounds. A conservation easement covering the Steep Slope Protection Overlay Zoning District shall be provided in accordance with Chapter 344, Subdivision and Land Development, of this Code; provided, however, no designation or identification of the Steep Slope Protection Overlay Zoning District shall be required on individual lots exceeding 10 acres and not involving any new streets, easements of access or any proposed development.
(c)
In all zoning permit applications, the Slope Protection Overlay Zoning District shall be shown on a drawing indicating the location and measurements of the district in accordance with the above standards.[1]
[1]
Editor's Note: Original Subsection 402.3.D, Land may be removed or altered, which immediately followed this subsection, was repealed 9-24-2019 by Ord. No. 410.
D.
Stream Protection Overlay Zoning District. Streams and the natural areas around them are important hydrological and environmental assets. It is the intent of this plan to preserve natural and man-made waterways.
(1)
By protecting this asset, the Township intends to:
(a)
Establish the stream protection overlay boundaries. The Stream Protection Overlay shall consist of a land strip on each side of a perennial stream. The Stream Protection Overlay boundary shall be based on an investigation of critical environmental features that are related to the waterway. The total extent of the critical areas adjacent to the perennial stream shall be considered in determining the boundaries of the Stream Protection Overlay. Where critical areas do not exist, a minimum buffer of at least 25 feet on each side of the waterway shall be established.
(b)
Determine the critical areas. The total extent of the critical areas adjacent to the perennial stream shall be considered in determining the boundaries of the Stream Protection Overlay. Critical areas include the following:
[1]
Alluvial soils. All alluvial soils adjacent to the perennial stream. For the purpose of this section, these areas are considered hydrologically related to the waterway.
[2]
Wet soils. All wet soils immediately adjacent to or bordering within 50 feet of the perennial stream. For the purpose of this chapter, these areas are considered hydrologically related to the waterway. Wet soils include springs and other intermittent drainage areas.
[3]
Steep slopes. Where the base of a steep slope is 50 feet or less from the stream or drainageway or if the stream or drainageway is in a ravine, the critical area shall extend to the top of the steep slope(s) or ravine plus an additional 20 feet of moderate or lesser slope. (Steep slope equals 25% or greater.)
[4]
Wooded areas. Where forested land having a predominance of trees of four-inch caliper or greater exists within 50 feet of the stream or drainageway. The Stream Protection Overlay boundary will include wooded areas within 100 feet from the stream bank.
(2)
Permitted uses. The following shall be permitted uses in the Stream Protection Overlay, provided that they are in compliance with the provisions of the underlying district and are not prohibited by another ordinance, and provided that they do not require building(s), fill or storage of materials and equipment.
(a)
Agriculture, including general farming, pasture grazing, outdoor plant nurseries, horticulture, truck farming, no-till planting and wild crop harvesting, excluding intensive farming operation.
(b)
Common open space.
(c)
Educational or scientific use, not involving buildings or structures.
(d)
Fishing, swimming, boating and hunting.
(e)
Trail access to the stream or drainageway and trails in linear parks.
(f)
Parks and passive recreational areas not involving structures.
(g)
Accessory residential uses such as gardens, play areas or fences.
(h)
Accessory commercial uses such as picnic areas or fences.
(i)
Essential services, provided they are installed underground.
(3)
Standards.
(a)
The Stream Protection Overlay shall be established at the time of subdivision or land development or the application for a zoning permit if there is no subdivision or land development proposed.
(b)
In all subdivision and land development applications, the Stream Protection Overlay Zoning District shall be described by metes and bounds. A conservation easement covering the Stream Protection Overlay Zoning District shall be provided in accordance with Chapter 344, Subdivision and Land Development, of this Code; provided, however, no designation or identification of the Stream Protection Overlay Zoning District shall be required on individual lots exceeding 10 acres and not involving any new streets, easements of access or any proposed development.
(c)
In all zoning permit applications, the Stream Protection Overlay shall be shown on a drawing indicating the location and measurements of the district in accordance with the above standards.
E.
Surface water protection overlay zoning district.
(1)
Lakes and ponds and the natural areas around them are important hydrological and environmental assets. It is the intent of this overlay district to preserve these natural and man-made assets. By protecting this asset, the Township intends to:
(2)
Establishment of surface water protection overlay boundaries. The Surface Water Protection Overlay Zoning District shall be established as the area in or within 25 feet of a lake or pond. All natural and man-made lakes, ponds and established easement areas shall remain in permanent open space. Because these areas may relate to other hydrologic features, no development or diverting of these water bodies shall be permitted without proper approval from PA DEP.
(3)
Permitted uses. Permitted uses are as follows:
(4)
Standards.
(a)
This buffer shall contain no more than 15% impervious surface.
(b)
At least 70% of the shoreline buffer area shall remain in its natural state as open space.
(c)
The Surface Water Protection Overlay Zoning District shall be established at the time of subdivision or land development or the application for a zoning permit if there is no subdivision or land development proposed.
(d)
In all subdivision and land development applications, the Surface Water Protection Overlay Zoning District shall be described by metes and bounds. A conservation easement covering the Surface Water Protection Overlay Zoning District shall be provided in accordance with Chapter 344, Subdivision and Land Development, of this Code; provided, however, no designation or identification of the Surface Water Protection Overlay Zoning District shall be required on individual lots exceeding 10 acres and not involving any new streets, easements of access or any proposed development.
(e)
In all zoning permit applications, the Surface Water Protection Overlay Zoning District shall be shown on a drawing indicating the location and measurements of the district in accordance with the above standards.
F.
Wetland protection overlay zoning district.
(1)
Wetland areas are indispensable and fragile hydrological natural resources that provide:
(2)
Damaging or destroying wetlands threatens public safety and the general welfare. Because of their importance, wetlands are to be protected from negative impacts of development and other activities. It is the intent of this overlay district to:
(a)
Require planning to avoid and minimize damage of wetlands whenever prudent or feasible.
(b)
Require that activities not dependent upon wetlands be located to other upland sites.
(c)
Allow wetland losses only where all practical or legal measures have been applied to reduce these losses that are unavoidable and in the public interest.
(3)
Establishment of Wetland Protection Overlay boundaries. The Wetland Protection Overlay shall apply to all lands in or within 25 feet of a nontidal wetland located within Newberry Township. The Wetland Protection Overlay shall be based on a wetland investigation by the applicant. The Natural Features Map and/or Environmental Protection Overlay Map of the Newberry Township Comprehensive Plan may be used as a guide for determining the general location of wetlands. Wetland delineations shall be performed in accordance with the procedures of the PA DEP as specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and any subsequent amendments thereto. Wetland mitigation shall be permitted. Wetland mitigation shall be approved by the PA DEP. Wetlands proposed to be mitigated shall not be considered part of the Wetland Protection Overlay.
(4)
Verification of wetland delineation. Where the applicant has provided a determination of the Wetland Protection Overlay, the Township Engineer or hydrologist shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event that the adjusted boundary delineation is contested, the applicant may appeal to the Zoning Hearing Board for a variance.
(5)
Permitted uses. The following uses shall be allowed within the Wetland Protection Overlay to the extent that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance, provided that they do not require structures, fill or storage of materials and equipment, and provided that a permit is obtained from the PA DEP and the United States Army Corps of Engineers, if applicable.
(a)
Agriculture, including general farming, pasture grazing, outdoor plant nurseries, horticulture, truck farming, no-till planting and wild crop harvesting, excluding intensive farming operation.
(b)
Common open space.
(c)
Educational or scientific use not involving buildings or structures.
(d)
Fishing, swimming, boating and hunting.
(e)
Trail access to the stream or drainageway and trails in linear parks.
(f)
Passive recreational areas not involving structures.
(g)
Accessory residential uses such as gardens, play areas, fences or stormwater/drainage facilities.
(h)
Accessory commercial uses such as picnic areas, fences or stormwater/drainage facilities.
(i)
Wildlife preserves.
(j)
Underground utilities.
(6)
Standards.
(a)
The Wetland Protection Overlay District shall be established at the time of subdivision or land development or the application for a zoning permit if there is no subdivision or land development involved. The wetland delineations shall be performed in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and any subsequent amendments thereto.
(b)
In all subdivision and land development applications, a wetland investigation shall be required in accordance with Chapter 344, Subdivision and Land Development, of this Code. A conservation easement covering the Wetland Protection Overlay District shall be provided in accordance with Chapter 344, Subdivision and Land Development, of this Code. The Wetland Protection District and conservation easement shall be described by metes and bounds, indicating the location and measurements of the district; provided, however, no designation or identification of the Wetland Protection Overlay District shall be required on individual lots exceeding 10 acres and not involving any new streets, easements of access or any proposed development.
(c)
In all zoning permit applications, the Wetland Protection Overlay District shall be shown on a drawing indicating the location and measurements of the district. (Wetland delineations shall be performed in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and any subsequent amendments thereto.)
§ 380-32 Floodplain Protection Overlay.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
See Chapter 221, Floodplain Management, of this Code for current floodplain regulations.
§ 380-33 Conservation Subdivision Design Overlay.
A.
Purpose. In addition to the community development objectives set forth in Article I of this chapter and in conformance with the MPC,[1] the purposes of this overlay district, among others, are as follows:
(1)
To conserve and protect environmentally sensitive areas and open land within Newberry Township, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development.
(2)
To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development.
(3)
To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes.
(4)
To implement adopted Newberry Township policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Newberry Township Comprehensive Plan, including provisions for reasonable incentives to create an open space and greenway system for the benefit of present and future residents.
(5)
To implement adopted land use, transportation, and community policies, as identified in the Newberry Township Comprehensive Plan.
(6)
To protect areas of Newberry Township with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations.
(7)
To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity.
(8)
To provide for the conservation and maintenance of open land within Newberry Township to achieve the above-mentioned goals and for active or passive recreational use by residents.
(9)
To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplain, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls).
(10)
To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties.
(11)
To conserve scenic views and elements of Newberry Township's rural character, and to minimize perceived density by minimizing views of new development from existing roads.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Establishment of conservation subdivision design overlay.
(1)
The Conservation Subdivision Design Overlay Zoning District shall apply to (is required upon) all tracts of land greater than 15 acres upon which new major residential subdivisions of six or more lots/units are created (single or cumulative) on a parent tract after the effective date of this chapter in the following underlying zoning districts:
(2)
For all tracts of land upon which new minor residential subdivisions in which five or fewer lots/units are created (single or cumulative) on a parent tract after the effective date of this chapter, the conservation subdivision design shall be optional.
(3)
Within the Village Zoning District, single-family attached dwellings and single-family semidetached dwellings designed according to the Conservation Subdivision Design Overlay Zoning District are permitted as conditional use, subject to § 380-59A(59).
C.
Four-step design process for subdivisions in the conservation design overlay. For all subdivisions subject to § 380-33B above, preliminary plans shall include documentation of a four-step conservation subdivision design process in determining the layout of proposed open space and greenway lands, house sites, infrastructure and lot lines, as described below.
(1)
Step 1: Delineation of open space and greenway lands and developed areas shall be in accordance with § 344-42C(2)(a) of Chapter 344, Subdivision and Land Development, of this Code.
(2)
Step 2: location of house sites shall be in accordance with § 344-42C(2)(b) of Chapter 344, Subdivision and Land Development, of this Code.
(3)
Step 3: location of infrastructure shall be in accordance with § 344-42C(2)(c) of Chapter 344, Subdivision and Land Development, of this Code.
(4)
Step 4: drawing in the lot lines shall be in accordance with § 344-42C(2)(d) of Chapter 344, Subdivision and Land Development, of this Code.
D.
E.
Conservation subdivision design options.
(1)
In order to achieve these purposes, this article provides for flexibility in designing new residential subdivisions by allowing three forms of by-right development, referred to as "options," as summarized below:
(a)
Option one. Neutral density and basic conservation, providing for residential uses at the density permitted in the underlying zoning district and reductions in lot area and dimensional standards, in exchange for a given percentage of the tract to remain in open space and greenway land.
(b)
Option two. Enhanced density with greater conservation, providing for higher density residential uses and further reductions in lot area and dimensional standards, in exchange for a larger open space and greenway percentage than in option one.
(c)
Option three. Estate lots, providing for rural-suburban residential uses at lower densities in conventional layouts of standard dwelling lots, where homes and streets are located carefully to minimize impacts on resource lands.
(2)
The following table identifies the underlying zoning districts and applicable options for residential subdivisions using the conservation subdivision design.
Zoning District | Option 1 | Option 2 | Option 3 |
|---|---|---|---|
Residential Holding (RH) | x | x | |
Suburban Residential (SR) | x | x | |
Residential Growth (RG) | x | ||
Agriculture (A) | x | x | |
Rural Resource (RR) | x | x | |
Rural Residential (R) | x |
F.
Density determination and dimensional standards.
(1)
Densities for options one and two may be determined by either one of the two following methods:
(a)
By calculation as set forth in § 380-33F(2) and (3), respectively, hereinbelow; or
(b)
By a yield plan as set forth in § 380-33F(4)(b), hereinbelow.
(2)
Density requirements for option one: neutral density and basic conservation.
(a)
Density factors. One dwelling unit per the required area for the underlying zoning district (density factor) as determined through the adjusted tract area approach or yield plan is described in § 380-33F(4), hereinbelow. This is "density-neutral" with the preexisting underlying zoning district provisions. The density factors (listed in square feet and acres) for single-family detached dwellings are as follows:
Density Requirements for Single-Family Detached Dwellings | Option 1: Neutral Density And Basic Conservation | ||
|---|---|---|---|
Zoning District | Density Factor (Required Area of Adjusted Tract Area per Dwelling Unit) | ||
Square Feet | Acres | ||
Residential Holding (RH) | |||
Only public water and/or no utilities (no public water and no public sewer) | 65,340 | 1.5 | |
Both utilities (public water and public sewer) or only public sewer | 20,000 | 0.459 | |
Suburban Residential (SR) | |||
Only public water and/or no utilities (no public water and no public sewer) | 65,340 | 1.5 | |
Both utilities (public water and public sewer) or only public sewer | 20,000 | 0.459 | |
Residential Growth (RG) | |||
Both utilities (public water and public sewer) | 15,000 | 0.344 | |
Agriculture (A) | 217,800 | 5.0 | |
Rural Resource (RR) | 217,800 | 5.0 | |
Rural Residential (R) | |||
Only public water and/or no utilities (no public water and no public sewer) | 65,340 | 1.5 | |
Both utilities (public water and public sewer) or only public sewer | 20,000 | 0.459 | |
(b)
The density factors in square feet and acres for other types of dwellings are as follows:
Density Requirements for Other Types of Dwellings | Option 1: Neutral Density and Basic Conservation | |
|---|---|---|
Zoning District | Density Factor (Required Area of Adjusted Tract Area per Dwelling Unit) | |
Square Feet | Acres | |
Residential Growth (RG) | ||
With both utilities (public water and public sewer) | ||
Single-family semidetached dwellings | 7,500 | 0.172 |
Single-family attached dwellings | 3,200 | 0.073 |
Two-family dwellings | 25,000 | 0.574 |
(c)
Minimum required open space and greenway land. The subdivision must include at least 50% of the adjusted tract area plus all of the constrained land calculated in § 380-33F(4)(a) hereinbelow, as open space and greenway land; except in the Residential Growth (RG) Zoning District where the minimum required open space and greenway land shall be 25% of the adjusted tract area plus all of the constrained land calculated in § 380-33F(4)(a) hereinbelow. In the Residential Holding (RH) Zoning District where both public water and public sewer are utilized, the minimum required open space and greenway may be 30% of the adjusted tract area plus all of the constrained land in § 380-33F(4)(a) hereinbelow, provided that park and recreation land is dedicated to and accepted by the Township. Open space and greenway land shall not be used for residential lots, except as provided in § 380-56 herein this chapter.
(d)
Dimensional standards. The dimensional standards for single-family detached dwellings are as follows:[2]
[2]
Editor's Note: The Table for Option 1: Neutral Density and Basic Conservation for Single-Family Detached Dwellings is included as an attachment to this chapter.
(e)
The dimensional standards for other types of dwellings are as follows:[3]
[3]
Editor's Note: The Table for Option 1: Neutral Density and Basic Conservation for Other Types of Dwellings is included as an attachment to this chapter.
(3)
Density requirements for option 2: enhanced density with greater conservation.
(a)
Density factor. One dwelling unit per the required area for the zoning district (density factor) as determined through the adjusted tract area approach or yield plan described in § 380-33F(4), hereinbelow. The density factor in square feet and acres for single-family detached dwellings is as follows:
Density Requirements for Single-Family Detached Dwellings, Adjusted Tract Area | Option 2: Enhanced Density with Greater Conservation | ||
|---|---|---|---|
Density Factor (Required Area of Adjusted Tract Area per Dwelling Unit) | |||
Zoning District | Square Feet | Acres | |
Residential Holding (RH) | |||
Only public water and/or no utilities (no public water and no public sewer) | 40,000 | 0.918 | |
Both utilities (public water and public sewer) or only public sewer | 14,000 | 0.321 | |
Suburban Residential (SR) | |||
Only public water and/or no utilities (no public water and no public sewer) | 40,000 | 0.918 | |
Both utilities (public water and public sewer) or only public sewer | 14,000 | 0.321 | |
(b)
Minimum required open space and greenway land. The subdivision must include at least 60% of the adjusted tract area plus all of the constrained land calculated in § 380-33F(4)(a), hereinbelow, as open space and greenway land. Open space and greenway land shall not be used for residential lots, except as provided in § 380-56 herein this chapter.
(c)
Dimensional standards. The dimensional standards for single-family detached dwellings are as follows:[4]
[4]
Editor's Note: The Table for Option 2: Enhanced Density with Greater Conservation is included as an attachment to this chapter.
(4)
Density determination for option one and two subdivisions. Applicants shall have the choice of two methods of determining the maximum permitted residential building density on their properties. They are as follows:
(a)
Adjusted tract area approach. Determination of the maximum number of permitted dwelling units on any given property shall be based upon the adjusted tract area of the site. The adjusted tract acreage shall be determined by multiplying the acreage classified as being in the categories of natural resource elements (described below) by the numerical protection factor for that category of natural resource land, summing all factored constrained land areas, and then deducting the total from the gross tract area.
[1]
Constrained lands consist of natural resources listed below. The area of the natural resource is multiplied by a protection factor to arrive at the constrained land. The constrained natural resource elements and protection factors are as follows:
Natural Resource Element | Protection Factor | Land Area of Natural Resource | Constrained Land | |
|---|---|---|---|---|
1. | Total land area within the rights-of-way of existing public streets or highways, or within the rights-of-way for existing or proposed overhead rights-of-way of utility lines | 100% (1.0) | X _____Acres | = _____Acres |
2. | Total land area under existing private streets | 100% (1.0) | X _____ Acres | = _____Acres |
3. | Wetlands: total land area of designated wetlands | 95% (0.95) | X _____ Acres | = X _____Acres |
4. | Floodway: total land area within the floodway | 100% (1.0) | X _____ Acres | = _____Acres |
5. | Floodplains: total land area nonwetland portion of the 100-year floodplain | 50% (0.5) | X _____ Acres | = _____Acres |
6. | Steep slopes: total land area with natural ground slopes exceeding 25% | 80% (0.8) | X _____ Acres | = _____Acres |
7. | Extensive rock outcroppings: total land area of rock outcrops and boulder fields more than 1,000 square feet | 90% (0.9) | X _____ Acres | = _____Acres |
8. | Moderately Steep Slopes: total land area with natural ground slopes of between 15% and 25% | 60% (0.6) | X _____ Acres | = _____Acres |
9. | Ponds, lakes and streams: total area of ponds, lakes and streams | 100% (1.0) | X _____ Acres | = _____Acres |
10. | Total area of natural resource elements | = _____ Acres | ||
11. | Total constrained lands | = _____ Acres |
Formula: (Adjusted Tract Area) = (Gross Tract Area) - (Constrained Lands) |
[2]
If a portion of the tract is underlain by more than one natural feature subject to a protection factor, that acreage shall be subject to the most restrictive protection factor.
[3]
Since acreage that is contained within the public or private rights-of-way, access easements or access strips is excluded from developable lot area, any portion of these items that also contains a natural feature subject to a deduction from the total tract acreage should not be included when calculating the adjusted tract area.
[4]
Permitted dwelling units. The maximum number of permitted dwelling units equals the adjusted tract area divided by the density factor.
(b)
Yield plan approach. Determination of density, or maximum number of permitted dwelling units, shall be based upon density factor of the chosen option (i.e. option one or two) applied to the gross tract acreage, as demonstrated by an actual yield plan. The density factor shall be based on the zoning district, location of the proposed development, and the type of water supply and sewage disposal proposed in § 380-33F(2) for option one and § 380-33F(3) for option two. Yield plans shall meet the following requirements:
[1]
SALDO requirements. Yield plans must be prepared as conceptual layout plans in accordance with the standards of Chapter 344, Subdivision and Land Development, of this Code, containing proposed lots, streets, rights-of-way, and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal.
[2]
Resource identification. The yield plan must identify the site's primary and secondary resources, as identified in the existing resources/site analysis plan, and demonstrate that the primary resources could be successfully absorbed in the development process without disturbance by allocating this area to proposed residential dwelling lots which conform to the density factor of the chosen option. The yield plan shall be based upon accurate mapping of wetlands, 100-year floodplains and land with slopes greater than 15%.
[3]
Individual on-lot sewage disposal systems. On sites not served by central or public sewage disposal, density shall be further determined by evaluating the number of homes that could be supported by individual on-lot septic systems on conventional lots. Based on the primary and secondary resources, identified as part of the inventory and analysis, and observations made during an on-site visit of the property, the Township Planning Commission shall select a 10% sample of the lots considered to be marginal for on-lot sewage disposal. The applicant is required to provide evidence that these lots meet the standards for an individual on-lot septic system. The applicant shall be granted the full density determined by the yield plan. Should any of the lots in a sample fail to meet the standard for individual on-lot septic system, those lots shall be deducted from the yield plan and a second 10% sample shall be selected by the Township Planning Commission and tested for compliance. This process shall be repeated until all lots in a given sample meet the standard for an individual on-lot septic system.
[4]
Yield plan dimensional standards. The following dimensional standards shall be used in the development of yield plans for option one and two subdivisions. The minimum lot sizes are derived from the density factor for the zoning district location of the proposed development and the type of water supply and sewage disposal proposed in § 380-33F(2) for option one and § 380-33F(3) for option two. These minimum dimensions are exclusive of all wetlands, slopes greater than 25%, and land under high-tension electrical transmission lines (69kV or greater). No more than 25% of the minimum required lot area may consist of land within the 100-year floodplain, and only then if it is free of wetlands.
(5)
Density requirements and dimensional standards for option three subdivisions: estate lots.
(a)
Maximum density. The maximum density, based on gross lot area, is as follows:
Density Requirements for Dwellings (Gross Lot Area) | Option 3: Estate Lots | |
|---|---|---|
Zoning District | Square Feet | Acres |
Agriculture (A) and Rural Resource (RR) | 435,600 | 10 |
(b)
Dimensional standards. The dimensional standards are as follows:
Standards | Option 3: Estate Lots | |
|---|---|---|
Minimum lot size2 | 3 acres | |
Minimum lot width | ||
At building setback line | N/A | |
At street right-of-way line | 150 feet | |
Adjusted tract acreage required for open space and greenway | 0% | |
Maximum lot coverage | 4% entire subdivision | |
Minimum setbacks1 | ||
Front | 150 feet from the street right-of-way of existing municipal roads, but 40 feet from the right-of-way of new subdivision streets, country lanes, or common driveways (where applicable) | |
Side | 50 feet | |
Rear | 50 feet minimum for principal buildings and 10 feet for accessory buildings (except that accessory buildings with a ground floor area exceeding 500 square feet shall conform to the setback requirements for principal structures) | |
NOTES: | |
1 | Builders or developers are urged to consider variations in the position and orientation of dwellings, but shall observe the minimum required setbacks herein. |
2 | All lots created under option three that are less than 10 acres shall be permanently restricted through a conservation easement from the development of more than one dwelling. |
G.
Design standards for option one, neutral density and basic conservation, and option two, enhanced density with greater conservation. In addition to the design standards set forth in Article VI, Design Standards, of Chapter 344, Subdivision and Land Development, of this Code, conservation subdivisions using option one, neutral density and basic conservation, and/or option two, enhanced density with greater conservation, shall conform with the following design standards:
(1)
Dwelling lots. Dwelling lots shall not encroach upon primary conservation areas as identified in § 344-42C(2)(a)[1] of Chapter 344, Subdivision and Land Development, and their layout shall respect secondary conservation areas as described in § 344-42D of Chapter 344, Subdivision and Land Development.
(2)
Dwelling setbacks. All new dwellings shall meet the following setback requirements:
Dwelling Setbacks | Distance (Feet) |
|---|---|
External street rights-of-way | 100 |
Other tract boundaries | 50 |
Crop land or pasture land | 100 |
Agricultural buildings or barnyards housing livestock | 300 |
Active recreation areas such as courts or playing fields (not including tot-lots) | 150 |
(3)
Exterior views of dwelling lots. Exterior views of dwelling lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of the § 380-50 of this chapter.
(4)
Dwelling lot access. Dwelling lots shall generally be accessed from interior streets, rather than from roads bordering the tract.
(5)
Dwelling lots abutting open space and greenway. At least 50% of the lots shall directly abut or face open space greenway land across a street, unless park and recreation land within the development is dedicated to and accepted by the Township.
§ 380-34 Traditional Village Overlay.
A.
Purpose and intent. The Traditional Village Overlay is consistent with the purpose and intent of the village land use classification and preservation of natural resources, as described in the Newberry Township Comprehensive Plan. Design objectives that create the village environment are:
(1)
Integration of age and income groups through a mix of diverse housing types.
(2)
Establishment of a pedestrian-oriented community that provides safe, efficient, and compatible linkages.
(3)
Harmonization of distinctive resources of the property (e.g., woodlands, wetlands, stream corridors, historical and cultural resources, steep slopes, and scenic views).
(4)
Provision of convenient, and easily accessible open space, such as natural areas, tot-lots, athletic fields, parks, squares, and greens.
B.
Relationship to other ordinances and sections of this chapter. The Traditional Village Overlay establishes different land use and design requirements from those contained in this and other ordinances of the Township. To the extent the regulations within this section differ (are more or less restrictive) from others, those within this section shall govern. However, all other provisions of this chapter and other ordinances of the Township shall remain in full force.
C.
Minimum traditional village area. A traditional village proposal must contain a minimum of five acres.
D.
General design requirements.
(1)
The design shall establish a prominent focal point, which is a special feature that distinguishes the focal point from other areas of the development. The focal point may be a natural feature (large trees/groves, ponds and lakes, scenic views, open space, etc.) or a man-made feature with impressive architectural style (neighborhood center, historic sites, etc.).
(2)
To the extent the regulations within this overlay differ (are more or less restrictive) from other Township regulations, those within this overlay shall govern.
(3)
Public water service and public sewer service shall be provided.
E.
Modification of standards. It is the intention of the Board of Supervisors to encourage innovation and to promote flexibility, economy, and ingenuity in development. To that end, the Zoning Hearing Board may, by special exception, modify the minimum requirements of the Traditional Village Overlay.
F.
Application requirements. Applications under the Traditional Village Overlay shall be submitted in accordance with Chapter 344, Subdivision and Land Development. In addition to the requirements of Chapter 344, Subdivision and Land Development, all submissions shall include all of the following:
G.
Permitted uses.
(1)
Residential.
(2)
Neighborhood convenience center.
(a)
The center shall be composed of retail sales and personal service establishments, including, but not limited to, newsstand, coffee shop, apothecary, restaurant, hair and/or nail salon, gift shop, bakery, specialty food store, dry cleaner (dropoff only), bike sales/rental, copy center, convenience store, family day care, barbershop, real estate office, places of worship and related uses, neighborhood postal facility, municipal services, or another use which the Board of Supervisors determines to be substantially similar to the listed uses.
(b)
The center may include meeting rooms, multipurpose space, library, nonprofit organizations, and similar uses available for use of the residents.
(c)
The center shall not exceed a total of 75 square feet of gross floor area per dwelling unit.
(4)
Accessory uses.
(b)
Permitted by special exception:
[1]
Bed-and-breakfast inns [§ 380-59A(8)].
[2]
Day care, family [§ 380-59A(17)].
[3]
Home occupations [§ 380-59A(30)].
H.
Residential design requirements.
(1)
Density.
(a)
The maximum residential density is as follows:
[1]
Three dwelling units per gross acre, without the density bonus provided in § 380-34H(1)(a)[3].
[2]
Three and three-quarters additional dwelling units per gross acre, with density bonus provided in § 380-34H(1)(a)[3].
(b)
The gross acres for calculating residential density and open space include the area defined in § 380-31, Sensitive Environmental Features Overlay, of this chapter, and § 344-42, Natural resource conservation, open space and greenway delineation standards, of Chapter 344, Subdivision and Land Development, and excludes right-of-way for existing public and private streets.
(c)
The following example is provided for illustration purpose only:
Project Description | Maximum Dwelling Unit Calculation |
|---|---|
Total property: 50 acres | Base density: 150 dwellings at 3 dwelling units per gross acre |
Required open space: 12.5 acres 25% | Bonus dwellings: + 36 dwellings at 3 dwelling units per acre of bonus open |
Provided open space: 24.5 acres (additional 12 acres or 49% open space) | Total 186 dwellings, or 3.72 dwelling units per gross acre |
(2)
Lot size. No minimum or maximum lot area is required for each individual dwelling.
(3)
Lot width, coverage, and yard.
Use | Minimum Width (feet) | Maximum Building Coverage | Minimum Yard Setbacks | |||
|---|---|---|---|---|---|---|
Front (feet) | One Side (feet) | Both Side (feet) | Rear (feet) | |||
Single-family detached | 60 | 65% | 10 | 6 | 12 | 20 |
Single-family, semidetached or duplex | 36 per unit | 65% | 10 | 6 | N/A | 20 |
Single-family attached | 20 per unit | 65% | 10 | 6 | N/A | 20 |
Multifamily | 100 | 65% | 22 | 20 | 40 | 50 |
(4)
Accessory building. Accessory buildings shall be located behind the front wall of the principal building. Accessory buildings shall be set back six feet from the side and rear lot lines.
(5)
View. Not less than 50% of the dwelling units shall be situated so as to retain a view of some portion of the open space and located within 500 feet of the open space.
(6)
Single-family attached and multifamily.
(a)
No more than three contiguous dwelling units shall have the same continuous roof ridgeline.
(b)
No more than three contiguous dwelling units in any one building shall have a substantial portion of their front facade on the same vertical plane as any other dwelling unit in the same building. Offsets must be staggered. Front yard fencing must be designed to complement the theme of the development.
(7)
Outdoor waste receptacles.
(a)
Outdoor waste receptacles for residential lots (not including multifamily dwellings) shall be completely enclosed within a masonry or sight-tight fenced enclosure equipped with a self-latching door or gate.
(b)
All dumpsters shall be set back at least 25 feet from any adjoining property used for an existing residential use or in a residential zoning district and be completely enclosed within a masonry or framed enclosure with a self-latching door or gate. All dumpsters shall comply with § 380-38E of this chapter.
(8)
Application. Section 380-59A(18), Dwelling, multifamily, of this chapter, does not apply in Traditional Village Overlay.
I.
Neighborhood convenience center design requirements.
(1)
The neighborhood convenience center shall be located within one area.
(2)
The neighborhood convenience center shall also be integrated with a system of sidewalks and/or pedestrian pathways, such that all inhabitants of the development and adjoining neighborhoods to be served will have safe and convenient pedestrian access.
(3)
Vehicular access and off-street parking shall be located in the commercial use's front yard, between the building and a public street.
(4)
Off-street parking for commercial uses shall be set back no less than 15 feet from any adjoining property line. Such parking shall be screened from pedestrian paths, adjoining roads, and adjoining residential areas.
(5)
Street access to off-street parking spaces must be set back at least 40 feet from the right-of-way lines of any intersecting street, and five feet from a fire hydrant.
(6)
No individual business shall comprise more than 10,000 square feet of gross floor area.
(7)
The neighborhood commercial center shall not exceed the maximum lot coverage of 80%.
(8)
Minimum required setbacks. See following table:
Use | Front Yard (feet) | Side Yards Abutting Other Commercial Uses | Side Yards Abutting Street or Residential Uses (feet) | Rear Yard (feet) |
|---|---|---|---|---|
Building | 25 | None | 25 | 50 |
Off-street loading | 15 | None | 25 | 25 |
(9)
No outdoor storage is permitted, except for outdoor waste receptacles.
(10)
All dumpsters shall be set back at least 25 feet from any adjoining property used for an existing residential use or in a residential zoning district, and be completely enclosed within a masonry or framed enclosure with a self-latching door or gate. All dumpsters shall comply with § 380-38E of this chapter.
(11)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings.
J.
Building height. All principal buildings shall be between one and three stories in height. In no case shall any principal building exceed 40 feet in height. Accessory buildings shall be no more than 25 feet high.
K.
Open space.
(1)
A minimum of 25% of the Traditional Village Overlay shall be devoted to open space. Open space includes the area specified in § 380-31, Sensitive Environmental Features Overlay, of this chapter, and § 344-42, Natural resource conservation, open space and greenway delineation standards, of Chapter 344, Subdivision and Land Development.
(2)
Improvements to active recreational areas, such as equipment, fields, spectator facilities, or jogging/stretching/fitness stations, may, by conditional use, qualify for a decrease in the required open space at a similar ratio to the value of land, not to exceed 5%.
(a)
Provision of improvements to passive recreational areas, such as fountains, benches, trail surfacing, or educational signage related to the presence of unique species of plants or animals or the background of historical resources, may, by conditional use, qualify for a decrease in the required open space at a similar ratio to the value of land, not to exceed 5%.
(b)
Calculation of the open space area for purpose of the density bonus {§ 380-34H(1)(a)[3]} shall include the area that was replaced by the improvement.
(3)
Open space shall be designed and arranged to achieve as many of the following objectives as possible:
(a)
Protection of important natural, historical, and cultural resources.
(b)
Preservation of scenic views from public roads and neighboring residential properties.
(c)
Creation of focal points.
(d)
Connection with existing trails, greenways, linear parks, or open space on adjoining parcels.
(e)
Convenient access for residents.
(5)
The configuration of open space shall avoid narrow strips at the perimeter of the property or between lots, unless such land is integrated and integral to the overall open space design, or improved with walking trails, fitness stations, or other improvements acceptable to the Board of Supervisors.
(6)
A village cluster containing 150 or more dwelling units shall be provided with at least one open space area that functions as a focal point, containing not less than 20,000 square feet. Other open space areas, not less than 1,000 square feet, shall be dispersed throughout the village cluster.
(8)
Hard or soft-surfaced pedestrian and bicycle network links shall be provided to connect various open space areas to the residents. Access to all such areas shall be provided from public streets. Where necessary, easements shall be provided to accommodate pedestrian access, as well as access for maintenance equipment and bicycles.
(9)
Open space areas shall be appropriately landscaped with a combination of various types of shrubs, trees (both evergreen and deciduous), and ground covers.
(a)
To ensure the proper placement of suitable materials, the applicant shall provide a landscape plan, prepared by a registered landscape architect, which specifies the type and size of proposed vegetation, as well as identifying the location of existing vegetation to be retained. The landscape plan shall include all portions of the proposed open space, and shall identify any proposed lighting of common areas and pathways.
(b)
The applicant shall provide a maintenance guarantee, to ensure the health and vitality of all plant material for a period of 18 months from planting. Any of the landscaping which dies or is removed within this time frame shall be replaced with vegetation of the same size and species. The applicant shall also be responsible to assure the proper care and maintenance of all plant material for the duration of these 18 months and until such time as the open space is transferred to the Township, a homeowners' association, or other entity, as authorized by this overlay.
L.
Off-street parking. The parking lot requirements, as set forth in § 380-47 of this chapter, apply for nonresidential uses. The following regulations shall apply to residential uses in the Traditional Village Overlay.
(1)
Off-street parking shall be a paved area large enough to accommodate two off-street parking spaces nine feet by 18 feet per dwelling unit, unless the public street on which the driveway connects is 20 feet wide or less of paved surface (excluding curb and gutter). In such cases, three paved off-street parking spaces nine feet by 18 feet per dwelling unit shall be provided. The driveway and garage/carport may serve as these spaces.
(2)
Off-street parking areas shall be designed so that vehicles do not encroach upon, or extend onto, a public right-of-way or sidewalk.
(3)
Driveways shall be designed to provide at least one off-street parking space for each lot.
(4)
Off-street parking surfaces outside of structures may cover no more than 50% of the front yard or 800 square feet, whichever is smaller. For the purposes of this section, the front yard shall be the area between the right-of-way and the portion of the house frontage that is farthest from the right-of-way. The width of the front yard shall extend to each side property line. For the purposes of this section, a parking area includes any portion of a driveway or access road used for parking.
(5)
On properties facing on two or more public rights-of-way, the total off-street parking surfaces for all front yards shall not be greater than 800 square feet. All remaining areas of the front yards not used for off-street parking or driving surfaces shall be landscaped.
M.
Streets and access drives.
(1)
Streets and access drives within the village cluster shall provide safe and convenient access and circulation patterns. Streets shall be designed to:
(2)
Streets and access drives must be oriented to the pedestrian. Streetscapes should be safe, functional, and attractive. Front-to-front building setbacks should be kept small, so as to provide for intimacy and neighborly interaction.
(a)
Front porches and stoops should be frequently incorporated into the front yards.
(b)
Streets and access drives shall generally include sidewalks on both sides of the cartway.
(c)
Parallel on-street parking lanes should be used to keep lot coverage low and street widths narrow.
(e)
Street furniture is encouraged, to complement the intimate scale of the streetscape and the character of the neighborhood.
(3)
Street and access drive patterns shall form a network, with variations as needed for topographic, environmental, and other design considerations.
(4)
Collector streets in the village cluster shall have a minimum center-line turning radius of 150 feet.
(a)
All other streets and access drives within the village cluster shall be designed with a minimum center-line turning radius of 80 feet.
(5)
Street intersections and access drive intersections shall maintain a clear sight triangle.
(a)
The minimum clear sight triangle side length shall be 60 feet for intersections of access drives and streets, and for intersections of streets with streets other than existing collector or arterial streets or proposed collector streets.
(b)
Intersections of streets with existing streets, proposed collector streets, and arterial streets shall have a minimum clear sight triangle side length of 100 feet.
(6)
Street width and design standards shall be as set forth in the table below:
Type | Number of Travel Lanes | Parking | Sidewalk | Cartway Width (feet) | ROW Width (streets only) (feet) | Curb |
|---|---|---|---|---|---|---|
Collector | 2 | No | Yes | 28 | 50 | Yes |
Local No. 1 | 2 | No | Yes | 20 | 40 | Yes |
Local No. 2 | 2 | 1 side | Yes | 26 | 40 | Yes |
Local No. 3 | 2 | 2 sides | Yes | 32 | 50 | Yes |
Local No. 4 | 1 | No | No | 9 | 12 | No |
Local No. 1 | Street or access drive with neither homes nor parking on either side of the street. |
Local No. 2 | Street or access drive with homes and parking on just one side of the street. Parking must be on the same side of the street as the homes. |
Local No. 3 | Street or access drive with homes and parking on both sides of the street. |
Local No. 4 | Street or access drive with one-way traffic only when design objectives are shown to warrant such travel. |
(7)
The applicant shall provide street and access drive lights within the village cluster, in a manner consistent with the architectural guidelines and acceptable to the Township.
(a)
Lighting shall be used to increase the safety of pedestrians, as well as vehicles, while contributing to the character of the overall village cluster.
(b)
Smaller lights, as opposed to fewer, high-intensity lights, are preferred. Light poles six feet to eight feet in height, located at the driveways, can replace the need for additional streetlighting.
N.
Driveways.
(1)
No more than two driveway connections per lot shall be permitted, and only one driveway connection per 100 feet of lot frontage is permitted.
(2)
Driveway connections with a street, when located on the same lot, shall be separated by a minimum of 25 feet.
(3)
No dwelling units shall have direct access to existing Township or state streets that surround the village cluster. All access shall be from an internal street system designed to service the village cluster.
(4)
Driveways shall not connect with a street within 25 feet of the curbline of any intersecting streets, nor within five feet of a fire hydrant.
(a)
Driveways for dwellings shall be set back at least one foot from any side lot line, unless a common or joint driveway location is proposed.
(5)
Plans which propose common or joint driveways shall be accompanied by a right-of-way agreement that establishes the conditions under which the driveways will be maintained.
(a)
The right-of-way agreement shall be submitted for review by the Township, and recorded with the York County Recorder of Deeds on the same date as the recording of the final plan. This agreement shall establish the conditions under which the driveways will be maintained.
(6)
Driveway access shall be provided to the street of lesser classification when there is more than one street classification involved.
(7)
No individual driveway shall provide a curb cut exceeding 24 feet in width.
(8)
Driveways shall be paved and constructed in a manner that does not interfere with design, maintenance, and drainage of the street.
P.
Street plantings.
(1)
Street trees shall be provided along each side of all proposed streets. Street trees shall be located no closer than four feet and no farther than 10 feet from the rear of the curb.
(a)
A minimum of one tree shall be provided for every 60 feet of street right-of-way on each side of the street.
(2)
Street trees, when planted, shall be at least two to 2 1/2 inches in diameter, measured at six inches above the ground.
(a)
In locations where healthy and mature trees currently exist, they may be counted toward the fulfillment of these standards.
(4)
Plantings may be used to complement the street trees. If permanent containers are used to accommodate such plantings, they shall contain vegetation which is hardy in all seasons or shall be replanted according to the change in seasons.
(a)
The perpetual care and maintenance of such plantings shall be the responsibility of the entity responsible for the open space.
(5)
Alleys are not required to provide street trees.
§ 380-35 Airport District Overlay.
The Airport District Overlay shall consist of all land identified on the Official Zoning Map as Airport District Overlay.
A.
Purpose. The purpose of this Airport District Overlay is to ensure safety around the Harrisburg International Airport, regulate and restrict the heights of constructed structures and objects of natural growth, create appropriate zones, establishing the boundaries thereof and provide for changes in the restrictions and boundaries of such zones, create the permitting process for use within said zones and provide for enforcement, assessment of violation penalties, an appeals process, and judicial review.
B.
Relation to other zone districts. The Airport District Overlay shall not modify the boundaries of any underlying zoning district. Where identified, the Airport District Overlay shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.
C. AIRPORT ELEVATION AIRPORT HAZARD AIRPORT HAZARD AREA CONICAL SURFACE (ZONE) DEPARTMENT FAA HEIGHT HORIZONTAL SURFACE (ZONE) NONCONFORMING USE OBSTRUCTION STRUCTURE TREE
Definitions. The following words and phrases, when used in this chapter, shall have the meaning given to them in this section unless the context clearly indicates otherwise:
The highest point of an airport's usable landing area measured in feet above sea level. The airport elevation of the Harrisburg International Airport is 310 feet mean sea level (MSL).
Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on the Newberry Township Zoning Map, is based on the conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department of Transportation.
For the purpose of determining the height limits in all zones set forth in this § 380-35 and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
An imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone is derived from the horizontal surface.
Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this § 380-35 or an amendment thereto.
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this § 380-35.
An object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
Any object of natural growth.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
E.
Permit applications.
(1)
As regulated by Act 164[2] and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), of any height, in the area depicted as Area A in the Newberry Township Airport Hazard Area Overlay Detail Map, attached,[3] or who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in excess of 35 feet, in the area depicted as Area B in the Newberry Township Airport Hazard Area Overlay Detail Map, shall first notify the Department'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. The Department's BOA response must be included with the permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request shall be considered in compliance with the intent of this § 380-35. If the Department'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 § 380-35F.
(2)
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.
Variance.
(1)
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 FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(a)
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.
(b)
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 I, Obstruction marking and lighting, below.
(c)
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.
(2)
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 intent of this § 380-35.
G.
Use restrictions. Notwithstanding any other provisions of § 380-35, no use shall be made of land or water within the Airport District Overlay in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the Harrisburg International Airport.
H.
Preexisting nonconforming uses. The regulations prescribed by this § 380-35 shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying zoning ordinance), may only be reestablished consistent with the provisions herein.
I.
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this chapter may be conditioned according to the process described in Subsection F above to require the owner of the structure or object of natural growth in question to permit the municipality, 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.