The purpose of this article is to establish an Airport Overlay
District that considers safety issues around the Brandywine Airport,
regulates and restricts the heights of constructed structures and
objects of natural growth, creates appropriate zones, establishing
the boundaries thereof and providing for changes in the restrictions
and boundaries of such zones, creates the permitting process for use
within said zones and provides for enforcement, assessment of violation
penalties, an appeals process, and judicial review.
The Airport Overlay District shall not modify the boundaries
of any underlying zoning district. Where identified, the Airport Overlay
District shall impose certain requirements on land use and construction
in addition to those contained in the underlying zoning district.
The following words and phrases, when used in this article,
shall have the meanings given to them in this section, unless the
context clearly indicates otherwise:
AIRPORT ELEVATION
The highest point of an airport's usable landing area, measured
in feet above sea level. The airport elevation of Brandywine Airport
is 466 feet.
AIRPORT HAZARD
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined in
14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
AIRPORT HAZARD AREA
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this article and
Act 167 of 1984, Pennsylvania Laws Relating to Aviation.
CONICAL SURFACE
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet.
CONICAL SURFACE ZONE
The conical surface zone, as shown on Exhibit 3, is based on the conical surface.
FAA
The Federal Aviation Administration of the United States
Department of Transportation.
HEIGHT
For the purpose of determining the height limits in all zones
set forth in this article, the datum shall be mean sea level elevation,
unless otherwise specified.
NONCONFORMING USE
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this article
or any amendment thereto.
OBSTRUCTION
Any structure, growth, or other object, including a mobile
object, that exceeds a limiting height as set forth by this article.
PennDOT
The Pennsylvania Department of Transportation.
RUNWAY
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
TREE
Any object of natural growth.
The following zone, defined in §
325-53 and depicted on Exhibit 3, is hereby created and established within the Airport Overlay
District insofar as it exists within the jurisdiction of the Township:
Notwithstanding any other provisions of this article, no use
shall be made of land or water within the Airport Overlay District
in such a manner as to create electrical interference with navigational
signals or radio communications between the airport and aircraft,
to make it difficult for pilots to distinguish between airport lights
and others, to impair visibility in the vicinity of the airport, to
create bird-strike hazards, or to otherwise endanger or interfere
with the landing, takeoff, or maneuvering of aircraft utilizing Brandywine
Airport.
The regulations prescribed by 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 nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity; and a nonconforming use, once discontinued (as described in §
325-105D) may only be reestablished consistent with the provisions herein.
Any permit or variance granted pursuant to the provisions of this article may be conditioned according to the process described in §
325-56 to require the owner of the structure or object of natural growth in question to permit the Township or to require the person requesting the permit or variance to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
Appeals from the provisions of this article shall be as provided for in Article
XIX of this chapter. Violations and penalties shall be issued and enforced as provided for in §
325-119 herebelow.