[Amended 8-8-2005 by Ord. No. 2578]
This article is enacted to insure and promote
the health, safety and welfare of the general public and property
in and about the Lehigh Valley International Airport, to protect the
users, facilities and services of the airport, to prevent hazardous
conditions to the users, facilities or services of the airport and
to eliminate, remove, mitigate, mark or light any existing hazard
which cannot be completely abated.
The provisions of this article shall apply to
all lands within the Township that are shown on the Official Zoning
Map as being located within the boundaries of any airport zone.
Airport zones shall be overlays to the existing
zoning districts as shown on the Official Zoning Map and, as such,
the provisions of this section shall supplement any and all provisions
of any zoning district of which an airport zone is a part. If there
is any conflict between the provisions or requirements of this article
or those of any other zoning district, the more restrictive provision
shall be applied.
The airport zones as shown on the Official Zoning
Map are:
B. Horizontal Surface Zone.
[Amended 12-18-1989 by Ord. No. 1657]
C. Precision Instrument Runway Approach Surface Zone.
D. Runway Larger Than Utility Visual Approach Surface
Zone.
E. Runway Larger Than Utility With a Visibility Minimum
As Low As 3/4 Mile Nonprecision Instrument Approach Surface Zone.
F. Runway Larger Than Utility With a Visibility Minimum
Greater Than Three-quarters of a Mile Nonprecision Instrument Approach
Surface Zone.
G. Transitional Surface Zone.
H. Utility Runway Nonprecision Instrument Approach Surface
Zone.
I. Utility Runway Visual Approach Surface Zone.
Nothing in this article shall be construed as
to prohibit the construction or maintenance of any building, structure
or part thereof or obstruction at a maximum height of 35 feet.
No use may be made of land, buildings, structures,
objects or water within any zone so as to:
A. Create electrical interference with navigational signals
or radio communication between the airport and aircraft.
B. Make it difficult for pilots to distinguish between
airport lights and others.
C. Result in glare to pilots using the airport.
D. Impair visibility in the vicinity of the airport.
E. Create bird strike hazards.
F. Endanger or interfere with the landing and taking
off or maneuvering of aircraft.
No use, building, structure, part thereof or
obstruction shall be permitted to be altered or changed to become
nonconforming or more nonconforming in height.
Variances to the provisions of this section
may be granted by the Zoning Hearing Board. The Board may attach reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter, the laws of the Commonwealth of Pennsylvania
and the Federal government. In addition to the requirements as established
by this chapter and the Pennsylvania Municipalities Planning Code,
the following shall also be considered and required:
A. A determination from the Federal Aviation Administration
as to the effect of the proposal on the operation of their navigation
facilities and the safe efficient use of navigable air space.
B. Comments of the Airport Manager. A copy of the application
shall be furnished to the airport manager for advice as to the aeronautical
effects of the proposal. The airport manager shall respond within
15 days after receipt of the application. Failure of the manager to
respond shall create a presumption that the airport manager has approved
the proposal. An unfavorable report by the airport manager or failure
to respond shall not bind the Board, but may be a factor in its decision.
Notwithstanding any other provisions of law,
the Zoning Officer or Zoning Hearing Board which decides to grant
a permit or variance under this section shall notify the Department
of Transportation of the decision. Said notice shall be in writing
and shall be sent so as to reach the Department at least 10 days before
the date upon which the decision is to issue. A Zoning Hearing Board
Opinion (written decision) shall be mailed to the Department 10 days
prior to being mailed to the applicant, but in no case shall the appropriate
notice be sent to the applicant later than 45 days from the last hearing.