It is the intent of this article to regulate
and restrict the height of structures and objects of natural growth
and otherwise regulate the use of property in the vicinity of the
Pottstown-Limerick Airport by creating the appropriate zones and establishing
the boundaries thereof; providing for changes in the restrictions
and boundaries of such zones; defining certain terms used herein;
referring to the Pottstown-Limerick Airport Zoning Map, which is incorporated
in and made a part of this article; providing for enforcement; establishing an appeals process;
and imposing penalties.
This article, which may be cited as the "Pottstown-Limerick
Airport Zoning District," is adopted pursuant to the authority conferred
by the Airport Zoning Act of 1984, P.L. 164, 74 Pa.C.S.A. § 5911
et seq., as amended, and Act 247, the Pennsylvania Municipalities
Planning Code of 1968, P.L. 805, 53 P.S. § 10101 et seq.,
as amended.
A. It is hereby found that an obstruction has the potential
for endangering the lives and property of users of the Pottstown-Limerick
Airport and property or occupants of land in its vicinity; that an
obstruction may affect existing and future instrument approach minimums
of the Pottstown-Limerick Airport; and that an obstruction 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
Pottstown-Limerick Airport and any public investment therein. Accordingly,
it is declared that:
(1)
The creation or establishment of an obstruction
has the potential of being a public nuisance and may injure the region
served by the Pottstown-Limerick Airport;
(2)
It is necessary in the interest of the public
health, public safety and general welfare that the creation or establishment
of obstructions that are a hazard to air navigation be prevented;
and
(3)
The prevention of these obstructions should
be accomplished, to the extent legally possible, by the exercise of
the police power without compensation.
B. It is further declared that the prevention of the
creation or establishment of hazards to air navigation, the elimination,
removal, alteration or mitigation of hazards to air navigation or
marking and lighting of obstructions are public purposes for which
a municipality may raise and expend public funds and acquire land
or interests in land.
As used in this article, unless the context
otherwise requires, the following terms shall have the meanings indicated:
AIRPORT
The Pottstown-Limerick Airport in Limerick Township.
AIRPORT ELEVATION
The highest point of the airport's usable landing area measured
in feet from sea level, which is 311 feet above mean sea level.
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 this article. In plan, the perimeter of the approach
surface coincides with the perimeter of the approach zone.
CONICAL SURFACE
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to one 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 the 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.
LARGER THAN UTILITY RUNWAY
Any runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds maximum
gross weight.
NONCONFORMING USE
Any preexisting structure, object of natural growth or use
of land covered by this airport district which is inconsistent with
the provisions of this article or an amendment thereto.
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 this article.
PERSON
An individual, firm, partnership, corporation, company, association,
joint-stock association or government entity; including a trustee,
receiver, assignee or a similar representative of any of them.
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 specifically 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 §
184-194 of this article. 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.
STRUCTURE
An object, including a mobile 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 the horizontal and conical
surfaces. Transitional surfaces for those portions of the precision
approach surfaces, which project through and beyond the limits of
the conical surface, extend a distance of 5,000 feet measured horizontally
from the edge of the approach surface and at ninety-degree angles
to the extended runway center line.
TREE
Any object of natural growth.
UTILITY RUNWAY
A runway that is constructed for and intended to be used
by propeller-driven aircraft of up to 12,500 pounds maximum gross
weight.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using
visual approach procedures.
In order to carry out the provisions of this
article, there is hereby created and established an airport overlay
district made up of the following zones which include all of the land
lying beneath the approach surfaces, transitional surfaces, horizontal
surfaces and conical surfaces as they apply to the Pottstown-Limerick
Airport. Such zones are shown on the Pottstown-Limerick Airport Zoning
Map consisting of one sheet, which is hereby made a part of this chapter. 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. Utility Runway Nonprecision Instrument 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. Runway Larger Than Utility With A Visibility Minimum
Greater Than 3/4 Mile Nonprecision Instrument 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 3,500 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
C. Transitional Zones. The Transitional Zones are the
areas beneath the transitional surfaces.
D. Horizontal Zone. The Horizontal Zone is established
by swinging arcs of 5,000 feet radii for all runway designated utility
or visual and 10,000 feet for all others 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.
E. 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.
Except as otherwise provided in this article,
no structure shall be erected, altered or maintained and no tree shall
be allowed to grow in any zone created by this article to a height
in excess of the applicable height herein established for such zone.
A. Such applicable height limitations are hereby established
for each of the zones in question as follows:
(1)
Utility Runway Nonprecision Instrument Approach
Zone: slopes 20 feet outward for each foot upward beginning at the
end of and at the same elevation as the primary surface and extending
to a horizontal distance of 5,000 feet along the extended runway center
line.
(2)
Runway Larger Than Utility With A Visibility
Minimum Greater Than 3/4 Mile Nonprecision Instrument Approach Zone:
slopes 34 feet outward for each foot upward beginning at the end of
and at the same elevation as the primary surface and extending to
a horizontal distance of 10,000 feet along the extended runway center
line.
(3)
Transitional Zone: slopes seven feet outward
for each foot upward beginning at the sides of and at the elevation
of the primary surface and the approach surface, and extending to
a height of 150 feet above the airport elevation, which is 311 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 the same elevation as the approach surface, and
extending to where they intersect the conical surface. Where the precision
instrument runway approach zone projects beyond the conical zone,
there are established height limits sloping seven feet outward for
each foot upward beginning at the sides of and the same elevation
as the approach surface and extending a horizontal distance of 5,000
feet measured at ninety-degree angles to the extended runway center
line.
(4)
Horizontal Zone: established at 150 feet above
the airport elevation or at a height of 461 feet above mean sea level.
(5)
Conical Zone: slopes 20 feet outward for each
foot upward beginning at the periphery of the horizontal zone and
at 150 feet above the airport elevation and extending to a height
of 350 feet above the airport elevation.
B. Exceptions to height limitations. Nothing in this
article shall be construed as prohibiting the construction or maintenance
of any structure or growth of any tree up to the height limits established
by other applicable Township zoning district limits or this article,
whichever is lower.
The following use restrictions shall apply:
A. Notwithstanding any other provisions of this article,
no use may be made of land or water within any zone established by
this article in such a 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 other lights, 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.
Nonconforming uses shall be governed by the
following:
A. Regulations not retroactive. The regulations prescribed
in this article 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 article or otherwise
interfere with the continuance of a use made nonconforming by the
adoption of this article. 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 article and which is diligently executed.
B. Marking and lighting. Notwithstanding the preceding
provision of this section, 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 the FAA to indicate to the operators of aircraft in the
vicinity of the airport the presence of such airport obstruction.
Such markers and lights shall be installed, operated and maintained
at the expense of the Pottstown-Limerick Airport.
Applications for permits shall be governed by
the following:
A. Future uses. Except as specifically provided in Subsection
A(1),
(2) and
(3) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established and no tree shall be planted in any zone hereby created unless a permit thereof shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient detail to determine whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted subject to the other requirements and conditions of this section. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been granted in accordance with Subsection
D.
(1)
In the area lying within the limits of the horizontal
zone and conical zone, no permit shall be required for any tree or
structure less than 75 feet of vertical height above the ground, except
when, because of terrain, land contour or topographic features, such
tree or structure would extend above the height limits prescribed
for such zones.
(2)
In areas lying within the limits of the approach
zones, but at a horizontal distance of not less than 4,200 feet from
each end of the runway, no permit shall be required for any tree or
structure less than 75 feet of vertical height above the ground, except
when such tree or structure would extend above the height limit prescribed
for such approach zones.
(3)
In the areas lying within the limits of the
transition zones beyond the perimeter of the horizontal zone, no permit
shall be required for any tree or structure less than 75 feet of vertical
height above the ground, except when such tree or structure, because
of terrain, land contour or topographic features, would extend above
the height limit prescribed for such transition zones.
(4)
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any of the height limits established by this article, except as set forth in §
184-195.
B. 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 article or
any amendments thereto or when the application for a permit is made.
C. Nonconforming uses abandoned or destroyed. Whenever
the Zoning Officer determines that a nonconforming tree or structure
has been abandoned or more than 80% torn down, physically deteriorated
or decayed, no permit shall be granted that would allow such structure
or tree to exceed the applicable height limit or otherwise deviate
from the zoning regulations.
D. Variances. Any person desiring to erect or increase
the height of any structure or permit the growth of any tree or use
property not in accordance with the regulations prescribed in this
article may apply to the Zoning Hearing Board for a variance from
such regulations. Prior to submitting an application to the Zoning
Hearing Board, the applicant shall be required to submit FAA Form
7460-1 to the Federal Aviation Administration (FAA) and Pennsylvania
Department of Transportation Form AV-57 to the Pennsylvania Department
of Transportation. The application for variance shall be accompanied
by a determination from the Federal Aviation Administration (FAA)
and the Pennsylvania Department of Transportation as to the effect
of the proposal on the operation of air navigation facilities and
the safe, efficient use of navigable airspace. Such variances shall
be allowed where it is duly found that a literal application or enforcement
of the regulations will result in unnecessary hardship and that the
relief granted will not be contrary to the public interest or create
a hazard to air navigation.
[Amended 4-10-2008 by Ord. No. 294]
E. Obstruction marking and lighting. Any permit or variance
granted may, if such action is deemed advisable to effectuate the
purpose of this article and be reasonable in the circumstances, be
so conditioned as to require the owner of the structure or tree in
question to install, operate and maintain, at the owner's expense,
such markings and lights as may be necessary. If deemed proper by
the Zoning Hearing Board, this condition may be modified to require
the owner to permit the airport, at its own expense, to install, operate
and maintain the necessary markings and lights.
F. FAA regulation update. In the event that any existing
or future regulation of the Federal Aviation Administration (FAA),
its successor agency or the Pennsylvania Department of Transportation
is inconsistent with any provision of this article, then such FAA
or state regulation shall prevail and such provision of this article
shall automatically be modified thereby.
It shall be the duty of the Zoning Officer to
administer and enforce the regulations prescribed herein. Applications
for permits and variances shall be made to the Township Zoning Officer
on a form published for that purpose. Applications required by this
article are to be submitted to the Zoning Hearing Board and shall
be transmitted by the Zoning Officer.
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 and the use of
land or any other matter, the more stringent limitation or requirement
shall govern and prevail.