[Added 10-5-1992 by Ord. No. 127-Q]
[1]
Editor's Note: This article (originally Part
27 of Ch. 27 of the 1995 Code) was renumbered 12-3-2007 by Ord. No.
276 as Part 25.
A.
This article, which may be cited as the Lower Pottsgrove
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 the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq., as amended. It is hereby
found that an obstruction has the potential for endangering the lives
and property of users of the New Hanover Airport and 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 New Hanover Airport and 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 New Hanover Airport and Pottstown Limerick
Airport and any public investment therein. Accordingly, it is declared:
(1)
The creation or establishment of an obstruction
has the potential of being a public nuisance and may injure the region
served by New Hanover Airport and 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.
(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:
The highest point of the airport's usable landing area measured
in feet from sea level, which is 311 feet above mean sea level for
Pottstown Limerick Airport and 280 feet for New Hanover Airport.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
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.
Any structure, growth or other object, including a mobile
object, which exceeds a limiting height set forth in this article.
An individual, firm, partnership, corporation, company, association,
joint-stock association or government entity, including a trustee,
receiver, assignee or similar representative of any of them.
An object, including a mobile object, constructed or installed
by man, including, but without limitation, buildings, towers, cranes,
smokestacks, earth formations and overhead transmission lines.
Any object of natural growth.
In order to carry out the provisions of this
article, there are 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, horizontal surfaces and
conical surfaces as they apply to New Hanover Airport and Pottstown
Limerick Airport. Such zones are shown on the Airport Zoning Map consisting
of two sheets attached to this article and made a part hereof which
shall amend the Lower Pottsgrove Township Zoning Map.[1] 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 to 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.
Horizontal zone. The horizontal zone is established
by swinging arcs of five-thousand-foot radii for all runways 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.
C.
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.
[1]
Editor's Note: The Lower Pottsgrove Township
Zoning Map is included in a pocket at the end of this volume.
[Amended 12-3-2007 by Ord. No. 276]
A.
Except as otherwise provided in this article, no structure
shall be erected, altered or maintained and no tree shall be allowed
or grown in any zone created by this article to a height in excess
of the applicable height herein established for such zone. Such applicable
height limitations are hereby established for each of the zones in
questions 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)
Horizontal zone. Established at 150 feet above
the airport elevation or at a height of 461 feet above mean sea level
for Pottstown Limerick Airport.
(3)
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.
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:
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 communications 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.
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 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 New Hanover Airport and Pottstown Limerick Airport.
A.
Future uses. Except as specifically provided in Subsection A(1) and (2) 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 therefor 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 § 250-191.
(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)
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 height limits established by this article except as set forth in § 250-188.
[Amended 12-3-2007 by Ord. No. 276]
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. The application for variance shall be accompanied
by a determination from the Federal Aviation Administration and PennDOT
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.
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 any existing or
future regulation of the Federal Aviation Administration (FAA), its
successor agency or PennDOT 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.
