[HISTORY: Adopted by the Board of Supervisors of the Township of Birmingham 2-17-1998 by Ord. No. 98-01. (This chapter was formerly titled "Heliports and Helistops." It was retitled 12-18-2000 by Ord. No. 00-17.) Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated below:
AMATEUR BUILT AIRCRAFT
Any aircraft or airplane which does not meet the criteria for an ultralight airplane as defined in this section and can only be flown by a pilot who is licensed by the Federal Aviation Administration (FAA).
[Added 12-18-2000 by Ord. No. 00-17]
BOARD
The Board of Supervisors of the Township of Birmingham, Chester County, Pennsylvania.
HELIPORT
An area to accommodate all phases of operation of rotor-wing aircraft (helicopters) with suitable space to allow development of service facilities as desired.
HELISTOP
An area on a roof or on the ground to accommodate touchdown and lift-off of the rotor-wing aircraft (helicopters) for the purpose of picking up and discharging passengers or cargo with no service facilities.
TOWNSHIP
The Township of Birmingham, Chester County, Pennsylvania.
ULTRALIGHT AIRPLANE
A single seat or double seat powered flying machine which meets the weight requirements and speed limitations established by federal aviation regulations and is thus exempt from licensing requirements imposed by the FAA and can be flown without a pilot's license.
[Added 12-18-2000 by Ord. No. 00-17]
Helistops are a permitted use in any district in the Township on a parcel of land at least 100 acres, under one ownership, subject to the following provisions:
A. 
The proposed helistop would not be detrimental to the health, welfare and safety of the Township residents and their property.
B. 
The landing pad must be at least 60 feet square or a circle with a sixty-foot diameter. This pad must be paved, level and maintained dirt-free. Rooftop pads shall be free of all loose stone and aggregate.
C. 
There must be a four-foot fence around the helistop, except for those helistops on a rooftop. The fence shall be located so as not to obstruct the glide angle of a helicopter using the helistop.
D. 
At least two approach lanes to each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90º apart. Each approach lane shall be located within 45º left or right of the prevailing winds and shall fan out at an angle of 10º from the width of the landing pad to a width of 1,000 feet and shall have a glide angle slope of eight to one measured from the outer edge of the pad.
E. 
Clear areas for emergency landings of the helicopter in the event of mechanical failure shall be available. These emergency landing areas shall be located within the normal glide range of the helicopter with one engine off when operating in the approved takeoff or landing lane from the helistop.
F. 
An application for a helistop on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.
G. 
No helicopter over 12,000 pounds gross weight shall be permitted to land at a helistop.
A. 
Form of application. The application for a permit shall be submitted in such form as the Township prescribes and shall be accompanied by the required fee as established by resolution or ordinance of the Board.
B. 
Contents of application. The application shall contain a detailed description of the property and district where the helistop is proposed and such additional information as may be required to demonstrate compliance with the provisions of § 105-2 above.
C. 
Issuance of permit. The Township Fire Marshal shall examine the applications for permits within 30 days of filing. If the application or supporting documentation does not conform to the requirements of § 105-2 above, the Fire Marshal shall reject such application, in writing, stating the reasons therefor. If the Fire Marshal is satisfied that the proposed helistop meets the criteria set forth in § 105-2 and will not be detrimental to the health, safety and welfare of the surrounding property, the Fire Marshal shall issue a permit for a helistop. Such permit shall be for a one-year period of time and must be renewed annually.
D. 
Revocation of permit. The Fire Marshal shall revoke a permit or approval issued under Subsection C above in the case of any false statement or misrepresentation of fact in the application or supporting documentation on which the permit or approval was based. If at any time the condition of the approval or any other conditions imposed by the Fire Marshal are violated, the permit may be revoked by the Fire Marshall.
It shall be unlawful for any person to land, discharge, load or take off in a helicopter any place within the Township other than at a helistop except:
A. 
When necessary for law enforcement purposes and for emergencies.
B. 
In connection with a construction project where a helicopter is to be used to lift equipment in connection with such project.
Heliports are not permitted.
[Added 12-18-2000 by Ord. No. 00-17[1]]
It shall be unlawful for any person to land, discharge, load or take off in an amateur built aircraft or ultralight airplane anywhere in the Township except on a parcel of land which is at least 100 contiguous acres, under one ownership and provided that such activity is done in accordance with all federal aviation regulations and would not be detrimental to the health, welfare or safety of the Township residents.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 105-6, Enforcement; violations and penalties; payment of fines, as § 105-7.
Any person, partnership or corporation who or which violates the provision of this chapter shall, upon being liable in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $600, plus all court costs, including reasonable attorneys' fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. Each day that a violation is continued shall constitute a separate and distinct offense. All fines collected for the violation of this chapter shall be paid over to the Township.