Township of Springfield, PA Article VI Overlay Districts

§ 425-71 Purpose.

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.

§ 425-72 Airport Hazard Overlay District (AHOD).

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. Special definitions. The following definitions shall apply in interpretation and application of airport safety control provisions:

AIRCRAFT

Any contrivance, except an unpowered hang glider or parachute, used for manned ascent into, or flight through, the air.

AIRPORT

Grove City Municipal Airport.

AIRPORT ELEVATION

One thousand three hundred fifty-eight feet above mean sea level.

AIRPORT HAZARD

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.

APPROACH SURFACE

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.

APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL SURFACE ZONES

These zones are set forth in § 475-72C.

FAA

The Federal Aviation Administration of the United States Department of Transportation.

HEIGHT

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.

LARGER THAN UTILITY RUNWAY

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.

NONPRECISION INSTRUMENT RUNWAY

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.

OBSTRUCTION

Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in § 475-72C.

PRECISION INSTRUMENT RUNWAY

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.

PRIMARY SURFACE

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.

RUNWAY

A defined area on an airport prepared for landing and takeoff of aircraft along its length.

UTILITY RUNWAY

A runway that is constructed for, and intended to be used by, propeller driven aircraft of 12,500 pounds maximum gross weight or less.

VISUAL RUNWAY

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:

(a) The transitional surface zone located within the interior perimeter of the horizontal surface zone; or

(b) The approach surface zone within the interior perimeter of the horizontal surface zone; until a permit therefore shall have been issued by the Township.

(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.

§ 425-73 Source Water Protection Overlay District (SWPOD).

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. Special definitions. The following definitions shall apply in interpretation and application of source water protection provisions:

ABANDONMENT OF WELL

An abandoned or unused well may be defined as one of the following:

(1) 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.

(2) A monitoring well from which no measurement or sample has been taken for a period of three years.

(3) A well which is in such a state of disrepair that it cannot be made operational for its intended purpose.

(4) A test hole or exploratory boring 24 hours after construction and testing work has been completed.

(5) A cathodic protection well that is no longer functional for its original purpose.

(6) An inactive geothermal groundwater heat exchange system.

ALTERATION OF SURFACE FEATURES

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.

BEST MANAGEMENT PRACTICE (BMP)

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.

CLOSED DEPRESSION

A distinctive bowl-shaped depression of varied sizes in the land surface, characterized by internal drainage and an unbroken ground surface.

COMMUNITY OR PACKAGE SEWER SYSTEM

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.

DETENTION POND

A basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate through a defined outlet.

FRACTURE TRACE

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.

GHOST LAKES

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.

IMPERMEABLE

Impervious, impenetrable to moisture.

KARST

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.

REGULATED SUBSTANCE

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.

RETENTION POND

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.

SINKHOLE

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.

STORAGE TANK, ABOVEGROUND

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.

STORAGE TANK, EXEMPTED

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.

STORAGE TANK, UNDERGROUND

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.

UNDERGROUND INJECTION WELL

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.)

[1] Editor's Note: See 35 P.S. § 6021.101 et seq.

[2] Editor's Note: See 35 P.S. § 6021.101 et seq.

[3] Editor's Note: See 35 P.S. § 6021.101 et seq.

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:

(1) The following uses are prohibited in Zone II areas:

(a) Bulk fuel storage yards.

(b) Sanitary landfills or solid waste transfer.

(c) Specialized animal raising and care.

(2) The following uses are conditional uses in Zone II areas:

(a) Heavy manufacturing.

(b) Light manufacturing.

(c) Mineral excavation or gas and oil drilling.

(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

[4] Editor's Note: See 35 P.S. § 7301 et seq.

[5] Editor's Note: See 35 P.S. § 7301 et seq.

[6] Editor's Note: See 42 U.S.C § 6901 et seq.

[7] Editor's Note: See 35 P.S. § 6021.101 et seq.

(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.