Applicability of underlying zoning district standards.
The Airport Hazard Zone is an overlay district that regulates permitted heights. All applicable standards of the underlying district shall apply. In those instances where the Airport Hazard Zone allows a height restriction different than that imposed by the underlying zoning district, the more restrictive standard shall apply.

Airport zones.
The following zones have been created in order to carry out the intent of this article.

A. Approach zone. A zone longitudinally centered on the extended runway center line and extending outward from each end of the primary surface. The inner edge of the approach zone coincides with the width of the primary surface and the approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface.
B. Horizontal zone. A zone established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by lines tangent to these arcs. The horizontal zone does not include the approach zone.
C. Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward a horizontal distance of 4,000 feet.
D. Transitional surface zone. The transitional zone slopes seven feet outward for each one foot upward beginning at the sides of and at the same elevation as the primary and approach surfaces extending to a height of 150 feet above the airport elevation to where these transitional surfaces intersect with the horizontal and conical surfaces.

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Delineation of district.
The Flood Hazard District is defined and established to be those areas of the Township which are subject to inundation by a flood having a frequency of recurrence of one in 100 years. The delineation of the Flood Hazard District shall be based on the following data:

A. Areas identified within the one-hundred-year floodplain limits on the Flood Insurance Study as prepared by the Federal Emergency Management Agency of the Federal Insurance Administration.
B. Areas within and adjacent to an existing stream, swale or waterway which, by hydrologic and hydraulic analysis, are calculated to be inundated during a one-hundred-year flooding event.
C. Known high-water marks from past floods. In cases where more than one source is used, the Flood Hazard District boundary shall consist of the more extensive area between sources, subject to the provisions of § 200-64: Rules of interpretation of district boundaries.
D. Areas of alluvial soils based on either the Soil Survey of Chester and Delaware Counties, Pennsylvania prepared by the U.S.D.A. or actual soil surveys from field testing.

Changes in district boundaries.
The delineation of any of the identified floodplain area may be revised by the Board of Supervisors where natural or man-made changes have occurred and more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, River Basin Commission or other qualified agency documents such changes. Prior to any change, approval must be obtained from the Federal Insurance Administration (FIA).

District overlay.
The Flood Hazard District based on the delineation cited in § 200-61: Delineation of district shall be deemed an overlay on the otherwise applicable zoning districts as delineated on the New Garden Township Zoning Map. Should the Flood Hazard District be determined as inapplicable to any tract by reason of amendment by the Board of Supervisors, interpretation by the Zoning Hearing Board, or the decision of a court of competent jurisdiction, the underlying zoning provisions shall be deemed applicable.

Rules of interpretation of district boundaries.
Initial interpretation of the boundaries of a Flood Hazard District shall be made by the Township Zoning Officer. Where interpretation is needed as to the exact location of such boundaries, as in the case of a conflict between mapped boundaries and actual field condition, such interpretation shall be made by the Township Engineer with a written report submitted to the Board of Supervisors. The cost of engineering reports shall be borne by the applicant and a property owner. Any party aggrieved by any determination by the Township Engineer may appeal their case before the Zoning Hearing Board. The party contesting the location of a Flood Hazard District boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence. The burden of proof shall be on the party filing for the hearing.

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Purpose.
The following natural resource conservation standards are established to protect the public health, safety, and welfare by minimizing adverse environmental impacts. These standards are intended to meet the following purposes:

A. Define and delineate selected natural resources within the Township and establish natural resource protection standards to assist the Township in reducing the impact proposed uses will have on such resources.
B. Conserve valuable natural resources within the Township in accordance with the following natural resources, water resources, and recreation and open space goals of the New Garden Township Comprehensive Plan (2005):

(1) To preserve and conserve the valuable natural and scenic resources of New Garden;
(2) To protect, enhance, and sustain the quality and quantity of water resources; and
(3) To preserve the aesthetic and recreational assets of the watersheds.

C. To ensure that greenway areas, as identified in the New Garden Township Greenways Plan and Phelps Property Plan (2009), are protected as important natural features for the benefit of the public.

Applicability.

A. General. It shall be a violation of this Article XXII: Natural Resource Protection to grade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource protected by this article.
B. Applications. The standards in this Article XXII: Natural Resource Protection shall apply to:

(1) Applications for permits involving:

(a) The addition to any parcel of 1,000 square feet or more of impervious cover; or
(b) Any earthmoving on any parcel that disturbs 5,000 square feet or more of land, exempting outdoor agriculture and any excavation regulated or permitted under a Pennsylvania mining permit.

(2) Zoning Hearing Board applications for special exception or variance.
(3) Applications for conditional use, subdivision or land development.

C. Utility easements. Routine maintenance of utility easements in accordance with a recorded easement agreement shall be exempt from the provisions of this article.

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