[Added 11-12-2007 by Ord. No. 175]
A. 
The following UPI Parcels, which were formerly in other Zoning Districts, are hereby rezoned and shall be deemed parcels included within the new Airport Development Zone: UPI Nos. 60-3-1; 60-3-1.1; 60-3-1.1A; 60-1-8.1; 60-1-11; 60-1-13; 60-1-13.1; 60-1-13.2; 60-1-25; 60-1-25.2; 60-1-25.3; 60-1-25.4; 60-1-26; 60-1-27; 60-1-27.1; 60-1-28; 60-1-29; 60-1-30; 60-1-31; 60-1-32.
B. 
The New Garden Township Zoning Map is hereby amended to reflect that the UPI numbers referenced above are now located in the Airport Development Zone.[1]
[1]
Editor's Note: The current New Garden Township Zoning Map is on file in the Township offices.
In addition to the general goals listed in the statement of purpose and community development objectives in Article I, the Airport Development Zone (ADZ) is established to:
A. 
Encourage the development of employment centers in proximity to the U.S. Route 1 and Newark Road interchange and to provide a gateway into the Township.
B. 
Preserve the character and natural features of the Township while encouraging economic development in this geographic area of the Township with the airport as the cornerstone.
C. 
To encourage, facilitate and support creation of economic development and employment opportunities and compatible allied and accessory uses.
A. 
Uses by right. In the ADZ, a building may be erected, altered, or used and a lot may be used by right for any one of the following purposes and no other:
(1) 
Air transport package handling facility.
(2) 
Airport, including aircraft storage, maintenance, equipment sales and service, and related support facilities, including but not limited to the storage, sale and installation of aircraft parts, storage and dispensing of aviation fuel, control tower and associated uses, passenger terminal, parking facilities and restaurant.
(3) 
Aircraft sales.
(4) 
Airport integrated commerce center.
(5) 
Courier package handling and delivery distribution facility.
(6) 
Hotel.
(7) 
Motel.
(8) 
Museum.
(9) 
New Garden Township Municipal use.
(10) 
United States Postal Service mail processing and distribution facility.
(11) 
Accessory uses on the same lot or tract in accordance with the following:
(a) 
Only those uses, structures and activities which are usually and customarily associated with, and incidental to, the above-listed principal uses are permitted.
(b) 
Storage and structures used for storage in accordance with the provisions of this Chapter 200 and Chapter 170.
(c) 
All areas devoted to storage structures and activities shall be included in the calculations for impervious coverage of the lot or tract.
(d) 
Area and bulk requirements appropriate to the accessory use and associated structures shall be met including those specifically enumerated in this Chapter 200
(e) 
A day-care facility, when providing such services to the immediate family members of those persons directly employed by an entity engaged in any one of the uses by right or by special exception in the Airport Development Zone enumerated in § 200-53.3A(1) through (10) above and § 200-53.3B(1) through (6) below.
(f) 
Renewable energy facility in accordance with the provisions of § 200-127.
[Added 10-24-2011 by Ord. No. 189]
B. 
Uses by special exception. Any one of the following uses may be permitted as a special exception in the ADZ when approved by the Zoning Hearing Board subject to the standards set forth in this section, all applicable sections of Chapter 170 and this Chapter 200 to include, but not be limited to, the following: §§ 200-159, 200-160, 200-161 and 200-163 of Article XX of this Chapter 200, when not in conflict with the provisions of Article XIII of this Chapter 200; in all cases, the most restrictive provisions shall apply:
(1) 
Beacon, when not directly associated with the airport.
(2) 
Radio tower, when not directly associated with the airport.
(3) 
Antenna, when not directly associated with the airport.
(4) 
Wireless communications facility, when not directly associated with the airport.
(5) 
Weather station or data collection facility, when not directly associated with the airport.
(6) 
Accessory uses on the same lot or tract in accordance with the following:
(a) 
Only those uses, structures and activities which are usually and customarily associated with, and incidental to, the above-listed principal uses are permitted.
(b) 
Storage and structures used for storage in accordance with the provisions of this Chapter 200 and Chapter 170.
(c) 
Area and bulk requirements appropriate to the accessory use, structure and activity shall be met, including those specifically enumerated in this Chapter 200.
(7) 
Solar energy facility with an array area greater than 1,000 square feet, in accordance with the provisions of § 200-127.
[Added 10-24-2011 by Ord. No. 189]
C. 
Special exception requirements. Applications for special exception shall contain all of the information required in order to provide a complete response to each of the items listed in § 200-163 of Article XX of this Chapter 200, payment of all required fees and, in addition, the following:
(1) 
The application for a special exception shall be accompanied by a plan or plans showing the detailed use of the entire lot or tract that will contain and serve the proposed use; said plan or plans shall comply with the provisions of § 170-19D and E of Chapter 170 of the Code of New Garden Township (Subdivision and Land Development Chapter). The plan shall clearly identify and describe the proposed use(s) and function(s) of each and all area(s) of the lot or tract.
(2) 
A traffic impact study prepared in accordance with the provisions of § 170-20B(10) of Chapter 170 of the Code of New Garden Township (Subdivision and Land Development Chapter).
(3) 
An environmental impact study prepared in accordance with the provisions of § 170-20B(9) of Chapter 170 of the Code of New Garden Township (Subdivision and Land Development Chapter).
D. 
Conditional uses. Only one of the following uses may be permitted per lot in the Airport Development Zone District (ADZ) when approved by the Board of Supervisors as a conditional use subject to the standards of this section and Article XIX of this chapter:
[Added 8-18-2014 by Ord. No. 213]
(1) 
Cultural facility.
(2) 
Automobile sales and service.
[Added 5-15-2017 by Ord. No. 222]
(3) 
Public and private recreation use.
[Added 5-15-2017 by Ord. No. 222]
(4) 
Residential through-the-fence use pursuant to an RTTF agreement in accordance with Section 136 of the FAA Modernization and Reform Act of 2012 (P.L. 112-95) and the final policy statement of the Federal Aviation Administration Policy Regarding Access to Airports From Residential Property, 14 CFR Chapter I.
[Added 5-15-2017 by Ord. No. 222]
(5) 
Accessory uses on the same lot or tract in accordance with the following:
[Added 5-15-2017 by Ord. No. 222]
(a) 
Only those uses, structures and activities which are usually and customarily associated with, and incidental to, the above-listed principal uses are permitted.
(b) 
Storage and structures used for storage in accordance with the provisions of this Chapter 200 and Chapter 170.
(c) 
Area and bulk requirements appropriate to the accessory use, structure and activity shall be met, including those specifically enumerated in this Chapter 200.
(6) 
Light industrial uses, including, but not limited to, furniture manufacturing; textile products; print shop; stone, clay, or glass products; photographic or optical manufacturing; computer and software fabrication; or other similar uses.
[Added 10-16-2017 by Ord. No. 226]
The following area and bulk minimum requirements shall apply to any and all proposed uses in the ADZ:
A. 
Minimum net lot area/lot size for all uses except automobile sales and service, public and private recreation and residential through-the-fence: one acre.
[Amended 5-15-2017 by Ord. No. 222]
B. 
Minimum net lot area/lot size for automobile sales and service, public and private recreation and residential through-the-fence: five acres.
[Amended 5-15-2017 by Ord. No. 222]
C. 
Minimum width along the ultimate right-of-way line of the adjacent public or private street or right-of-way: 150 feet.
D. 
Minimum building separation distance.
(1) 
From a limited-access highway (Buffer Type 2 required): 50 feet.
(2) 
From a collector, arterial or public street of any other classification (Buffer Type 3 required): 75 feet.
(3) 
From an existing residentially zoned property (Buffer Type 3 required): 100 feet.
(4) 
From an existing residential use within the ADZ (Buffer Type 3 required): 50 feet.
(5) 
From all tract boundaries (Buffer Type 2 required): 35 feet.
(6) 
From all lot boundaries (Buffer Type 2 required): 35 feet.
(7) 
From all interior streets (Buffer Type 1 required): 25 feet.
(8) 
From a parking lot (Buffer Type 4 required): 10 feet.
(9) 
From adjacent buildings: 30 feet.
E. 
Minimum parking areas and parking lots separation distance.
(1) 
From a limited-access highway (Buffer Type 2A required): 15 feet.
(2) 
From a collector, arterial or public street of any classification (Buffer Type 3 required): 50 feet.
(3) 
From a residentially zoned property (Buffer Type 3 required): 50 feet.
(4) 
From an existing residential use within the ADZ (Buffer Type 3 required): 25 feet.
(5) 
From all tract boundaries (Buffer Type 2A required): 20 feet.
(6) 
From all lot boundaries (Buffer Type 2 required): 20 feet.
(7) 
From all interior streets, accessways or drives (Buffer Type 1A required): 15 feet.
F. 
Maximum lot coverage/tract coverage (NOTE: For every acre of existing woodland permanently preserved and deed restricted to prohibit development, the maximum permitted coverage on the lot or tract, inclusive of all impervious surfaces, may increase by up to 5%, provided that all other technical requirements are met.): 65%.
G. 
Maximum height of all structures (NOTE: Maximum building height shall be subject to those restrictions contained in Article XIII of this Chapter 200, titled Airport Hazard Zone.): 50 feet.
The following standards shall apply to all uses and structures in the ADZ:
A. 
Visual obstructions. On any corner lot, or at any accessway or street intersection, no wall, fence, sign or other structure shall be erected or altered and no hedge, tree, shrub, or other growth shall be maintained which may degrade or restrict the clear sight of an operator of a motor vehicle or cause danger to traffic on a street by obscuring the view of operators of such vehicles entering, exiting or traveling on a street.
B. 
Street access. Where a tract is to be subdivided in order to provide building sites for several separate owners, users or occupants, generally, the subdivided lots shall be serviced by an internal roadway system designed in accordance with § 200-103 of Article XVI of this Chapter 200 and direct access to an arterial or collector street shall be prohibited.
C. 
Vehicular access and traffic controls. All vehicular access and traffic controls shall be designed in accordance with § 200-102 of Article XVI of this Chapter 200. In addition, all traffic shall be directed to entranceways serving the entire tract, and no individual lots within the site shall have direct access to a street outside of the tract boundaries.
D. 
Outdoor lighting and illumination of signs. All lighting shall be designed in accordance with § 200-106 of Article XVI of this Chapter 200. In addition, all outside lighting, including sign lighting, shall be directed in such a way so as not to create a nuisance or hazard to aircraft or users or occupants of adjoining streets and property or subject them to direct glare or hazardous interference of any kind, especially with regard to impairing the visibility of traffic signals. Luminaries shall be approved by the Township Engineer as to their height and glare-shielding equipment.
E. 
Utilities. All utilities serving the proposed improvements shall be placed underground.
F. 
Outdoor storage. Any permitted outdoor storage, excluding aircraft, shall not be placed within any minimum required front, rear or side yard and must be provided with a Buffer Type 3 along all property lines.
G. 
Streets. All streets shall be designed and constructed in accordance with the provisions of Article VI of Chapter 170 of the Code of New Garden Township (Subdivision and Land Development Chapter) based on the function they serve and classification.
H. 
Off-street loading. All off-street loading shall be designed in accordance with the provisions of §§ 200-104 and 200-107 of Article XVI of this Chapter 200.
I. 
Off-street parking. All off-street parking shall be designed in accordance with the provisions of § 200-109 of Article XVI of this Chapter 200.
J. 
Pedestrian access. Pedestrian circulation and access shall be designed in accordance with the provisions of § 200-105 of Article XVI of this Chapter 200.
K. 
Landscaping. Screening and landscaping shall be designed in accordance with the provisions of §§ 200-100 and 200-101 of Article XVI of this Chapter 200.
L. 
The specifications for those buffers identified and required as set forth in § 200-53.4 hereinabove are as follows and shall be considered the minimum requirements in all cases; however, due to availability of plant species or special site conditions, the Board of Supervisors may modify, on a case-by-case basis, but not eliminate the requirements set forth hereinafter. Specifications are arranged by buffer type. Existing vegetation should be integrated into the design of buffers wherever feasible.
(1) 
Buffer Type 1. A buffer shall be provided equal in width of no less than the width of the appropriate yard setback width, at least half of which shall be planted. The buffer may be located anywhere within said setback area and may incorporate foundation plantings to form a cohesive landscape design. The buffer shall consist of a minimum of 20% evergreen material and 80% deciduous material. Required shade trees may be incorporated into this area.
(2) 
Buffer Type 1A. In addition to Buffer Type 1 specifications, where parked cars are oriented perpendicular to an internal street, additional evergreen and deciduous shrubs and/or earthen berms shall be provided to form a continuous screen of no less than three feet in height.
(3) 
Buffer Type 2. The required buffer shall be a minimum of 25 feet deep and shall be planted using a mix of 40% evergreen material and 60% deciduous material. The buffer may be located anywhere within the appropriate setback area and shall be exclusive of foundation plantings.
(4) 
Buffer Type 2A. In addition to Buffer Type 2 specifications, earthen berms shall be integrated into the required buffer.
(5) 
Buffer Type 3. The required buffer shall be a minimum of 25 feet deep and shall be planted using a mix of 70% evergreen material and 30% deciduous material. The buffer may be located anywhere within the appropriate setback area and shall be exclusive of foundation plantings. Earthen berms shall be integrated into the required buffer. This buffer shall be visually opaque year-round.
(6) 
Buffer Type 4. Landscape materials shall be selected and arranged to provide a visual buffer separating parking areas from buildings and compliment the facade of the surrounding buildings.
M. 
All improvements proposed in conjunction with development within the ADZ shall comply, as a minimum, with all of the provisions of Article XVI and Article XVII of this Chapter 200, unless specific provisions in this Article XA clearly dictate otherwise or unless a specific provision is clearly not applicable to the proposed development under review.
N. 
Signage: All signs shall conform to the requirements set forth in § 200-112 of Article XVI of this Chapter 200.
O. 
Residential off-street parking regulations as regulated by § 200-108.
[Added 8-18-2014 by Ord. No. 213]
P. 
Tree conservation and replacement as regulated by § 200-113.
[Added 8-18-2014 by Ord. No. 213]