This article is adopted pursuant to the authority
conferred by the Airport Zoning Act, Act of April 17, 1945, P.L. 237,
as amended. It is hereby found that obstructions have the potential
for endangering the lives and property of users of the existing airport
located in the Township and property or occupants of land in its vicinity;
that obstructions may affect existing and future instrument-approach
minimums of the airport; and that obstructions may reduce the size
of areas available for landing, takeoff and maneuvering of aircraft,
thereby creating a danger to the health, safety and general welfare
of the users thereof and the property or occupants of land in the
vicinity thereof. Accordingly, it is declared that:
A. The creation or establishment of an obstruction has
the potential of being a public danger or nuisance;
B. It is necessary in the interest of the public health,
safety and general welfare that the creation or establishment of obstructions
that are a hazard to air navigation be prevented; and
C. The prevention of these obstructions should be accomplished,
to the extent legally permissible, by the exercise of the police power
without compensation.
For the purpose of this article, the terms used
herein are defined as follows:
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured
in feet from sea level, which is 465 feet.
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 zone height limitation slope set forth in §
84-111 of this article. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
CONICAL SURFACED
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20:1 for a horizontal distance
of 4,000 feet.
HAZARD TO AIR NAVIGATION
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
HEIGHT
For the purpose of determining the height limits in all zones
set forth in this article and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal zone.
NONPRECISION INSTRUMENT RUNWAY
A runway having an existing instrument-approach procedure
utilizing air navigation facilities with only horizontal guidance
or having 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 §
84-111 of this article.
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; 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 500 feet. 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 in an airport prepared for landing and takeoff
of aircraft along its length.
STRUCTURE
As defined in §
84-8, but also to include any object, including a mobile or immobile object, constructed or installed by man, including but without limitation buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
TRANSITIONAL SURFACES
These surfaces extend outward at ninety-degree angles to
the runway center line and the runway center line extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces.
TREE
Any object of natural growth.
In order to carry out the provisions of this
article, there are hereby created and established certain zones which
include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces and conical surfaces as they apply to
the airport. Such zones shall be depicted on an Airport Zoning Map
to consist of one sheet and to be adopted as part of and on the effective
date of this article. Such map shall be attached to the Township Zoning
Map and become a part thereof. In addition, those areas designated
as airport zones may also, in addition or substitution, be shown on
the Township Zoning Map. 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:
A. Nonprecision Instrument Runway Approach Zone. The
inner edge of this Approach Zone coincides with the width of the primary
surface and is 500 feet wide. The Approach Zone expands outward uniformly
to a width of 2,000 feet at a horizontal distance 5,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
B. Transitional Zones. The Transitional Zones are the
areas beneath the transitional surfaces.
C. Horizontal Zone. The Horizontal Zone is established
by swinging arcs of five-thousand-foot radii from the center of each
end of the primary surface of each runway and connecting the adjacent
arcs by drawing lines tangent to those arcs. The Horizontal Zone does
not include the Approach and Transitional Zones.
D. Conical Zone. The Conical Zone is established as the
area that commences at the periphery of the Horizontal Zone and extends
outward therefrom a horizontal distance of 4,000 feet.
Notwithstanding any of the other provisions
of this chapter, no use may be made of land or water within any zone
established by this article in such manner as to create electrical
interference with navigational signals or radio communication between
the airport and aircraft, make it difficult for pilots to distinguish
between airport lights and others, result in glare in the eyes of
pilots using the airport, impair visibility in the vicinity of the
airport, create bird strike hazards or otherwise in any way endanger
or interfere with the landing, takeoff or maneuvering of aircraft
intending to use the airport.
Where there exists a conflict between any of
the regulations or limitations prescribed in this article and any
other regulations applicable to the same area, whether the conflict
be with respect to the height of structures or trees or the use of
land or any other matter, the more stringent limitation or requirement
shall govern and prevail.
If any section, subsection, paragraph, sentence,
clause or phrase of this article should be declared invalid by a court
of competent jurisdiction for any reason whatsoever, such declaration
shall not affect the remaining portions of this article which shall
remain in full force and effect. To that end, the provisions of this
article are hereby declared to be severable.