In the development of this chapter, the Township Planning Commission,
Board of Supervisors and residents have determined that additional
regulations are necessary in certain areas to provide for the health,
safety and general welfare of those living within the Township, as
well as those who may be passing through the Township. Specifically,
two overlay districts are hereby created: the Airport Hazard Overlay
District (AHOD) and the Source Water Protection Overlay District (SWPOD).
Where overlay districts are created, the underlying zone will determine
the permitted uses; the applicable overlay district regulations will
establish additional standards and all development must conform to
the requirements of both districts or the more restrictive of the
two.
A.
Purpose. It has been determined that obstructions and high densities
of residential uses have the potential for endangering the lives and
property of users of the Grove City Municipal Airport and the property
or occupants of land in its vicinity; obstructions may affect existing
and future instrument approach minimums of the Grove City Municipal
Airport; and obstructions may reduce the size of areas available for
the landing, takeoff and maneuvering of aircraft, thus tending to
destroy or impair the utility of the Grove City Municipal Airport.
Therefore, it is declared:
(1)
That the creation or establishment of obstructions have the potential
for being public nuisances and injuring the region served by the Grove
City Municipal Airport;
(2)
That the development of concentrated areas of housing in the immediate
vicinity of the Grove City Municipal Airport poses potential threats
to the safety of inhabitants;
(3)
That it is necessary, in the interest of the public health, safety
and general welfare, that the creation of obstructions and/or population
concentrations that are a hazard to air navigation or human life be
prevented; and
(4)
That the prevention of these obstructions be accomplished, to the
extent legally possible, by the exercise of the police power, without
compensation.
B.
AIRCRAFT
AIRPORT
AIRPORT ELEVATION
AIRPORT HAZARD
APPROACH SURFACE
APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL SURFACE ZONES
FAA
HEIGHT
LARGER THAN UTILITY RUNWAY
NONPRECISION INSTRUMENT RUNWAY
OBSTRUCTION
PRECISION INSTRUMENT RUNWAY
PRIMARY SURFACE
RUNWAY
UTILITY RUNWAY
VISUAL RUNWAY
Special definitions. The following definitions shall apply in interpretation
and application of airport safety control provisions:
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into, or flight through, the air.
Grove City Municipal Airport.
One thousand three hundred fifty-eight feet above mean sea
level.
Any structure or object, natural or man-made, or use of land
determined to adversely impact the airspace required for flight, or
aircraft in landing or taking off at an airport.
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone, height limitation slope, as set forth in § 425-72C. In plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
These zones are set forth in § 475-72C.
The Federal Aviation Administration of the United States
Department of Transportation.
For the purposes of determining the height limits in all
zones set forth in this section, and shown on the maps incorporated
herein, the datum shall be mean sea level elevation unless otherwise
specified.
A runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds maximum
gross weight, and jet powered aircraft.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area-type navigation equipment, for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth in § 475-72C.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
A surface longitudinally centered on a runway. When the runway
has a specially prepared hard surface, the primary surface extends
200 feet beyond each end of that runway. For military runways, or
when the runway has no specially prepared hard surface, or planned
hard surface, the primary surface ends at each end of that runway.
The width of the primary surface is set forth in § 475-72C.
The elevation of any point on the primary surface is the same as the
elevation of the nearest point on the runway center line.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
A runway that is constructed for, and intended to be used
by, propeller driven aircraft of 12,500 pounds maximum gross weight
or less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
C.
Airport surface zones. In order to carry out the provisions of this
chapter, there are hereby created and established certain zones that
include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces, and conical surfaces, as they apply
to the Grove City Municipal Airport. These airport zones were prepared
by the Pennsylvania Department of Transportation, Bureau of Aviation,
in 1989, and are shown as an overlay on the Official Zoning Map, both
of which are kept on file in the Springfield Township municipal offices,
which is made a part hereof. An area located in more than one of the
following zones is considered to be only in the zone with the more
restrictive height limitation. The various zones are hereby established
and defined as follows:
(1)
Utility runway visual approach zone. The inner edge of this approach
zone coincides with the width of the primary surface and is 250 feet
wide. The approach zone expands outward uniformly to a width of 1,250
feet at a horizontal distance of 5,000 feet from the primary surface.
It slopes 20 feet outward for each foot upward.
(2)
Transitional surface zone. Slopes seven feet outward for each foot
upward, beginning at the sides of, and at the same elevation as, the
primary surface and the approach surface, and extending to a height
of 150 feet above the airport elevation, which is 1,358 feet above
mean sea level. In addition to the foregoing, there are established
height limits sloping seven feet outward for each foot upward beginning
at the sides of, and at the same elevation as, the approach surface,
and extending to where they intersect with the conical surface.
(3)
Horizontal surface zone. Established at 150 feet above the established
airport elevation, or at a height of 1,508 feet above mean sea level.
(4)
Conical surface zone. Slopes 20 feet outward for each foot upward
beginning at the periphery of the horizontal surface and at 150 feet
above the established airport elevation, and extending to a height
of 350 feet above the established airport elevation, or at a height
of 1,708 feet above mean sea level.
(5)
Excepted height limitations. Nothing in this section or chapter shall
be construed as prohibiting the construction or maintenance of any
structure to a height of up to 35 feet above the surface of the land.
D.
Airport Hazard Overlay District restrictions. All regulations and
restrictions adopted under this section shall be reasonable; none
shall impose any requirement or restriction unless it is reasonably
necessary to effectuate the purpose of this section.
(1)
Permit required. No material change shall be made in the use of land
and no structure shall be erected or otherwise established in:
(2)
Use restrictions. Notwithstanding any other provisions of this chapter
or other Springfield Township ordinances, no development shall be
permitted that results in any of the following:
(a)
Single-family or two-family dwellings that exceed a density of two dwelling units per acre; unless part of a planned residential development subject to Article VII.
(b)
Multifamily dwellings or townhouses that exceed four dwelling units per structure and a density in excess of two dwelling units per acre; unless part of a planned residential development subject to Article VII.
(c)
Mobile home parks.
(d)
Nonresidential use that would:
[1]
Create electrical interference with navigation signals or radio
communications between the airport and aircraft;
[2]
Make it difficult for pilots to distinguish between airport
lights and others;
[3]
Produce glare in the eyes of pilots using the airport;
[4]
Impair visibility in the vicinity of the airport;
[5]
Create bird strike hazards; or otherwise endanger in any way,
or interfere with the landing, takeoff or maneuvering of aircraft
intending to use the airport.
E.
Nonconformance. The regulations prescribed by this section 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 such nonconforming use. Nothing contained herein
shall require any change in the construction, alteration or intended
use of any structure, the construction or alteration of which was
begun prior to the effective date of this chapter, and is diligently
carried out.
F.
Marking and lighting. Notwithstanding the provision of § 425-72E, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by Township, state or federal officials to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport and obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the official body responsible for their placement.
G.
Existing uses. No permit shall be granted that would allow the establishment
or creation of an 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 chapter or any amendments thereto, or
than it is when the application for a permit is made.
H.
Variances. Any request for a variance in accordance with § 425-96G of this chapter shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Additionally, no application for a variance to the requirements of this chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the appropriate Grove City Municipal Airport officials for review and comment. If the appropriate Airport official does not respond within 15 days after receipt, the Zoning Hearing Board may decide the case on its own.
A.
Purpose. The purpose of the Source Water Protection Overlay District
(SWPOD) is to safeguard the public health, safety and general welfare
by providing for the regulation of land uses and the manufacture,
use, storage, transport or disposal of hazardous and other substances
which pose a threat to the quality and quantity of groundwater being
extracted from the Buhl Community Water Company wells and Leesburg
Community Water Association public water source. The objective of
this district as it applies to delineated source water protection
areas are:
(1)
To limit land uses and activities involving the generation, use,
transport or storage of hazardous substances.
(2)
To regulate other land uses and activities with the potential to
pollute groundwater.
(3)
To assure appropriate nutrient management practices.
(4)
To establish siting standards to guide development onto the least
environmentally sensitive portions of a property.
(5)
To preserve vegetated buffer areas and establish setbacks for uses
around streams, water bodies and springs.
(6)
To provide for maximum lot coverage standards to minimize impervious
surfaces and reduce stormwater runoff.
(7)
To provide for stormwater management that maximizes groundwater recharge.
(8)
To protect and enhance surface and groundwater quality from the impacts
of development.
(9)
To establish disturbance standards for wetlands, woodlands and steep
slopes to minimize sedimentation of waters and to maximize water recharge.
(10)
To alert landowners, potential buyers, appraisers, assessors
and lessees of the legal restrictions inherent in certain land uses
and activities in the SWPOD.
B.
ABANDONMENT OF WELL
(1)
(2)
(3)
(4)
(5)
(6)
ALTERATION OF SURFACE FEATURES
BEST MANAGEMENT PRACTICE (BMP)
CLOSED DEPRESSION
COMMUNITY OR PACKAGE SEWER SYSTEM
DETENTION POND
FRACTURE TRACE
GHOST LAKES
IMPERMEABLE
KARST
REGULATED SUBSTANCE
RETENTION POND
SINKHOLE
STORAGE TANK, ABOVEGROUND
STORAGE TANK, EXEMPTED
STORAGE TANK, UNDERGROUND
UNDERGROUND INJECTION WELL
Special definitions. The following definitions shall apply in interpretation
and application of source water protection provisions:
An abandoned or unused well may be defined as one of the
following:
A well, other than a monitoring well, which has been out of
service continuously for one year or more, and does not meet the definition
of a standby well.
A monitoring well from which no measurement or sample has been
taken for a period of three years.
A well which is in such a state of disrepair that it cannot
be made operational for its intended purpose.
A test hole or exploratory boring 24 hours after construction
and testing work has been completed.
A cathodic protection well that is no longer functional for
its original purpose.
An inactive geothermal groundwater heat exchange system.
Any earth moving, clear-cutting, filling, mining, dredging,
grading, paving, excavating or drilling activities which require a
permit or approval from federal, state or local officials.
Activities, facilities, measures or procedures used to manage
stormwater impacts from land development, to protect and maintain
water quality and groundwater recharge and to otherwise meet the purposes
of this chapter, including, but not limited to, infiltration, filter
strips, low-impact design, bioretention, wet ponds, permeable paving,
grassed swales, forested buffers, sand filters and detention basins.
A distinctive bowl-shaped depression of varied sizes in the
land surface, characterized by internal drainage and an unbroken ground
surface.
A private sewage disposal system releasing treated effluent
either into the ground or a surface water source. A large-scale system
is intended to serve over 25 equivalent dwelling units (EDUs); a small
system is intended to serve between 2 and 24 EDUs.
A basin designed to retard stormwater runoff by temporarily
storing the runoff and releasing it at a predetermined rate through
a defined outlet.
Natural, linear-drainage, soil-tonal and topographic alignments,
usually visible on aerial photographs, which are commonly the surface
manifestations of corresponding zones of fracture concentration within
underlying bedrock. Particularly in soluble rocks, (e.g., limestone)
fracture zones cause increased bedrock porosity and permeability,
resulting in rates of groundwater movement that are greater than the
surrounding bedrock.
Transient surface water bodies formed in sinks and closed
depressions after heavy precipitation, due to poor internal drainage.
This poor drainage may be due to residual clay remaining after solution
of limestone minerals.
Impervious, impenetrable to moisture.
A type of topography characterized by closed depressions
and/or sinkholes, caves, rock pinnacles, fracture traces and underground
drainage resulting from solution of limestone and dolomite bedrock.
A product, by-product or combination of substances that,
because of physical, chemical or infectious characteristics and the
quantity or concentration of such substances, if not properly treated,
stored, transported, used or disposed of or otherwise managed, would
create a substantial present or potential threat to the public health
through direct or indirect introduction into groundwater resources
and the subsurface environment. Such hazardous substances include,
but are not limited to, substances regulated under federal or state
environmental, pollution control, hazardous substances and drinking
water laws and regulations.
A basin designed to retard stormwater runoff by temporarily
storing the runoff, which does not have a defined outlet structure,
but which empties through a combination of evaporation, transpiration
and infiltration.
A closed, generally circular depression in the land surface
of variable depth and width, characterized by a distinct breaking
of the ground surface and formed by solution of carbonate bedrock
and downward movement of soil into bedrock voids, or collapse of underlying
caves.
A tank which contains hazardous or petroleum substances as
regulated under the Storage Tank and Spill Prevention Act (STSPA),
as amended,[1] and which meets the following criteria: a stationary tank
with 250 gallons or more of capacity with greater than 90% of its
capacity above ground. Specific exceptions to this definition are
included within the STSPA, and include, among others, on-premises
heating fuel tanks, and farm or residential motor fuel tanks with
a capacity of 1,100 gallons or less.
Any tank or container which contains hazardous or petroleum
substances, either above or underground, which is otherwise unregulated
by the STSPA[2] to include, exclusively, the following: on-premises heating
fuel tanks; farm or residential motor fuel tanks with a capacity of
1,100 gallons or less, and tanks, drums or containers with a capacity
of less than 110 gallons which contain hazardous substances.
A tank which contains hazardous or petroleum substances as
regulated under the STSPA[3] and which meets the following criteria: a tank with 110
gallons or more of capacity with 10% or greater of its capacity beneath
the ground surface. Specific exceptions to this definition are included
within the STSPA and include, among others, on-premises heating fuel
tanks and farm or residential motor fuel tanks with a capacity of
1,100 gallons or less.
A bored, drilled, driven or dug well for the emplacement
of fluids into the ground (except geothermal exchange systems and
drilling muds and similar materials used in well construction.)
C.
General provisions. The following provisions relate to all uses in
the SWPOD:
(1)
No area within the SWPOD shall hereafter be used without full compliance
with the terms of this section and all other applicable regulations.
(2)
In those areas of the Township where the SWPOD applies, the more
restrictive standards shall supersede.
(3)
The provisions hereof relating to the SWPOD shall not repeal, abrogate
or impair any existing easements, covenants or deed restrictions.
However, where the provisions relating to the SWPOD impose greater
restrictions, such provisions shall prevail.
(4)
All appeals from boundary determinations made by the Zoning Officer
and any professional consultants shall be heard by the Zoning Hearing
Board.
(5)
In any dispute before the Zoning Hearing Board (ZHB), the Township
and the ZHB shall have the right to consult with independent consultants
for the purposes of testing, analysis, opinion and the like. All costs
associated with such consultation shall be shared equally by all parties
to the dispute.
(6)
All lawfully existing land uses located within a SWPOD at the time of enactment of this chapter shall be exempt from the requirements as set forth, except § 425-73F(4). Nothing herein shall be deemed to exempt such existing land uses from compliance with any other statute, ordinance or rule of common law.
D.
Designation of district boundaries. The Source Water Protection Overlay
District consists of all lands located within wellhead or other source
water protection area zones as described below. Maps of these areas
have been integrated into the Official Zoning Map. In interpreting
source water protection zone boundaries, the Zoning Officer may rely
upon supplemental maps prepared by Moody Associates, dated May 2008,
delineating the Buhl Water Company and Leesburg Community Water source
water areas. The Zoning Officer may rely upon the Township's professional
consultants in interpreting boundaries based upon these maps.
(1)
Zone II is the area encompassing the portion of the aquifer through
which water is diverted to a well or other public water source.
(2)
Zone III is the area beyond Zone II that contributes surface water
and groundwater to the main well and Zone II. Zone III boundaries
were determined using annual average recharge rates, maximum rated
yield capacity and topographic drainage divides.
E.
Boundary interpretation. Each application for land development or
subdivision containing land within the SWPOD shall:
(1)
Show the source water protection zone that falls within the lot or
lots on the site plan.
(2)
Where the property lies in more than one zone, indicate the parts
of the property which lie in each zone. The restrictions applicable
to each zone shall be enforced for that area of the property.
(3)
Present evidence of such boundary location when the location of a
zone boundary is challenged. This presentation shall include applicable
geographic data with respect to the property, and any other pertinent
documentation for consideration.
F.
Regulated land uses. Any proposed land use which shall be located
entirely or partially within any SWPOD shall be regulated as follows:
(3)
All other proposed development in a Zone II or III area shall be
required to meet the following standards as a part of any required
land development approval process.
(4)
Required information for any submittal as a conditional use or land
development. Copies of all federal, state, and county operational
approvals, certificates, permits and applications; ongoing environmental
reports and monitoring results relating to environmental, pollution
control, hazardous substances and drinking water laws and regulations
pertaining to the parcel of land shall be submitted to the Township,
including those listed in the following table:
Hazardous Substances Forms, Plans and Reports
| ||
---|---|---|
Form, Plan or Report
|
Authorizing Agency
|
Purposes
|
Environmental hazard survey form
|
PA Department of Labor and Industry, PA Worker and Community
Right to Know Act[4]
|
Describes the hazardous substances emitted, discharged or disposed
of from the workplace
|
Hazardous substance survey form
|
PA Department of Labor and Industry, PA Worker and Community
Right to Know Act[5]
|
Provides a listing of all hazardous substances found in the
workplace
|
Pollution incident prevention (PIP) plan
|
PA DEP - Chapter 101
|
Emergency response plan for facilities which handle materials
with potential for accidental pollution of the waters of the commonwealth
|
Preparedness, prevention and contingency (PPC) plan
|
EPA, Federal Resource Conservation and Recovery Act, as amended[6]
PA DEP — Chapter 260-270
|
Emergency response plan for facilities which generate, store,
treat or dispose of hazardous wastes
|
SARA Title III off-site plan
|
EPA Federal Superfund Amendments and Reauthorization Act
|
Identifies the transportation routes of extremely hazardous
substances, a description of the workplace and a risk analysis of
the operation to the surrounding community
|
SARA Title III Tier I and Tier II reports
|
EPA Federal Superfund Amendments and Reauthorization Act
|
Tier I lists the amounts and locations within the workplace
of extremely hazardous substances by type of hazard (e.g., fire, explosion,
acute health hazard)
Tier II provides a listing of each specific extremely hazardous
substance in the workplace and each specific hazardous substance exceeding
10,000 pounds on site at any one time
|
Spill prevention control and countermeasure (SPCC) plan
|
EPA Federal Clean Water Act, 40 CFR § 112
|
Emergency response plan for facilities which handle hazardous
substances or petroleum products as defined in the Clean Water Act
|
Spill prevention response (SPR) plan
|
PA DEP PA Storage Tank and Spill Prevention Act[7]
|
Emergency response plan for facilities with an aboveground storage
tank exceeding a volume of 21,000 gallons
|
(5)
Copies of all notices, orders, rules, decisions, recommendations,
enforcement actions and similar documentation, as and when received
by such owner of record of any such lot or tract of land, from any
federal, state or county governmental authority in connection with
the enforcement of environmental, pollution control, hazardous substance
and drinking water laws and regulations shall be submitted to the
Township, as applicable.
(6)
All conditional use applications shall comply with the following
requirements:
(a)
A registered professional geologist shall conduct a site inspection
of the property and shall prepare a map of the site which indicates
all geologic formations which may impact the source water protection
area.
(b)
The geologist shall prepare a report demonstrating compliance
with all applicable requirements, including any recommended mitigating
measures designed to ensure compliance.
(c)
Buildings, structures, impervious surfaces and utilities shall
not be located within 50 feet of any identified geologic feature which
may impact the contamination of the groundwater, unless detailed geotechnical
work shows that there will be no negative impact on the groundwater
recharge or quality.
(d)
Stormwater shall not be directed into a sinkhole or closed depression.
(7)
Setback requirements. Proposed conditional uses or land developments
shall meet the following requirements:
(a)
Where sufficient buildable land area exists on the portion of
the property outside the SWPOD to accommodate the proposed development,
and where applicable setback limits permit, that area shall be utilized
in its entirety before any land within the SWPOD shall be used.
(b)
A minimum fifty-foot development setback shall be maintained
from the edge of all streams, water bodies, springs and sinkholes.
(c)
Within Zone II of the SWPOD, a fifty-foot agricultural filter
strip from the edge of all streams, water bodies, springs and sinkholes
shall be maintained within which no nutrients or pesticides shall
be applied.
(8)
Zone II lot coverage. The percentage of a lot which may be covered
by impermeable surfaces, including buildings, structures, sidewalks,
parking lots and driveways, shall be in accordance with the following
table:
Underlying Zoning District
|
Maximum Impervious Lot Coverage
|
---|---|
A - Agricultural
|
40%
|
VR Village Residential/C-1 Commercial/CR-2 Commercial and Residential/IS
Industrial Special
|
80%
|
(9)
In Zone II, the developer shall submit a stormwater management plan that meets Chapter 358, Stormwater Management, and Chapter 370, Subdivision and Land Development. In order to implement Chapter 358, Stormwater Management, release rates for stormwater runoff may be decreased to require containment of more than 100% of predevelopment runoff. In Zone II areas, as a reasonable additional condition of approval for any application, the Township may require an increase in any downslope yard area or other requirements to maximize the distance between areas of lot coverage and sensitive areas. This may be accomplished by an increase of any front, side, or rear yard area size. The Township may require additional vegetative buffering or plantings or other BMPs on any downslope side to further slow and naturally manage stormwater runoff.
(10)
Design standards. All proposed development shall address the
following design standards which are believed to provide the greatest
degree of source water protection and present the lowest potential
for impacting existing and future land use within the Township:
(a)
Ground cover and landscaping. Vegetative cover shall be provided
on all disturbed areas, excluding fallow agricultural fields, not
covered by paving, stone or other solid material. The maintenance
or use of native plant materials with lower water and nutrient requirements
is encouraged;
(b)
Erosion and sedimentation. All proposed development and existing
land use activities which involve grading or excavation shall prepare
an erosion and sedimentation control plan for review by the Mercer
County Conservation District.
(c)
Stormwater management. All proposed development shall utilize
innovative stormwater management techniques that incorporate Best
Management Practices (BMPs) as developed by the Pennsylvania Department
of Environmental Protection for the management of stormwater hotspots.
(d)
Sanitary sewers. Sanitary sewers constructed within 100 feet
of closed depressions, open sinkholes, surface drainage, ghost lakes,
lineaments, faults and fracture traces, shall be either of ductile
iron or encased in concrete.
(e)
Wetlands. No development land use activity or improvement which
would entail encroachment into wetlands without the applicant providing
evidence that the appropriate agencies have been contacted and the
required permits have been obtained. Any replacement wetlands proposed
to offset the filling of on-site wetlands shall be located within
the same SWOPD zone.
(f)
Woodlands. Existing wooded areas outside development footprint
areas shall be protected to prevent unnecessary destruction where
they can be shown to serve as BMPs.
(g)
Steep slopes. Proposed development in areas having slopes of
16% or greater shall indicate the methods that will be used to protect
water quality on and around the site from the adverse effects of the
proposed use and shall provide a twenty-five-foot vegetative buffer
consisting of native trees and other brushy perennial vegetation either
along the boundary of the property with the lowest elevation or at
the foot of the sloped portion of the property if it lies interior
to the boundary.