[Ord. 01-09-18-1, 9/18/2001, § 2100]
1.
The Airport Area Overlay Zone 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. It is hereby found that an obstruction
has the potential for endangering the lives and property of users
of the Doylestown Airport, located in Buckingham Township, and property
or occupants of land in its vicinity 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 Doylestown
Airport and the public investment therein. Accordingly, it is declared:
A.
That the creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by Doylestown
Airport.
B.
That it is necessary in the interest of the public health, public
safety and general welfare of persons using Doylestown Airport that
the creation or establishment of obstructions that are a hazard to
air navigation be prevented.
2.
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 the marking and lighting
of obstructions are public purposes for which a political subdivision
may raise and expend public funds and acquire land or interests in
land.
[Ord. 01-09-18-1, 9/18/2001, § 2101]
Doylestown Airport.
The highest point of the airport's usable landing area, measured
in feet from sea level, which is 394 feet above mean sea level.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight of aircraft in landing
or taking off at an airport or is otherwise hazardous to the landing
or taking off of aircraft.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided in this chapter.
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 height limitation slope
set forth in this Part. In plan, the perimeter of the approach surface
coincides with the perimeter of the approach zone.
These zones as set forth in this Part.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to 1 for a horizontal distance
of 4,000 feet.
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 Part and shown on the Airport Zone Map, the datum
shall be mean sea level elevation unless otherwise specified.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which, in plan, coincides with the perimeter
of the horizontal zone.
A runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
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.
Any structure, growth or other object, including a mobile
object, which exceeds a limiting height set forth in this Part.
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. 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 this Part. The elevation
of any point on the primary surface is the same as the elevation of
the nearest point on the runway center line.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
For the purposes of this Part, 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.
These surfaces extend outward at 90° 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. 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 90° angles to the
extended runway center line.
Any object of natural growth.
[Ord. 01-09-18-1, 9/18/2001, § 2102; as amended by Ord. 2005-05, 6/21/2005]
In order to carry out the provisions of this chapter, there are hereby created and established certain zones that include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces, as they apply to Doylestown Airport. Such zones are shown on the Doylestown Airport Zoning Map, a copy of which is attached to this chapter and made a part hereof as Appendix B.[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.
Runway Larger Than Utility Visual 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 1,500 feet at a horizontal distance of 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 5,000 feet 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. 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.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
[Ord. 01-09-18-1, 9/18/2001, § 2103]
Except as otherwise provided in this Part, no structure shall
be erected, altered or maintained and no tree shall be allowed to
grow in any zone created by this Part 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
question as follows:
A.
Runway Larger Than Utility Visual 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.
B.
Transitional Zones. Slope seven feet outward for each foot upward
beginning at the sides of and at the same elevation as the primary
surface and the approach surface and extending to a height of 150
feet above the airport elevation, which is 394 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 elevations the approach surface and extending
to where they intersect the conical surface.
C.
Horizontal Zone. Established at 150 feet above the airport elevation
or at a height of 394 feet above mean sea level.
D.
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.
E.
Excepted Height Limitations. Nothing in this chapter shall be construed
as prohibiting the construction or maintenance of any structure, or
growth of any tree, to a height up to 35 feet above the surface of
the land.
[Ord. 01-09-18-1, 9/18/2001, § 2104]
Notwithstanding any other provisions of this chapter, no use
may be made of land or water within any zone established by this chapter
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
others; result in glare in the eyes of the 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.
[Ord. 01-09-18-1, 9/18/2001, § 2105]
1.
Regulations Not Retroactive. The regulations prescribed in this Part
shall not be construed to require the removal, lowering or other recharged
or alteration of any nonconforming structure or otherwise interfere
with the continuance of a nonconforming structure. Nothing contained
herein shall require any change in the construction, alteration or
intended use of any nonconforming structure, the construction or alteration
of which was begun prior to the effective date of this chapter and
is diligently prosecuted.
2.
Marking and Lighting. Notwithstanding the preceding provision of
this section, the owner of any existing nonconforming structure is
hereby required to permit the installation, operation and maintenance
thereon of such markers and lights as shall be deemed necessary by
the Zoning Officer of Plumstead Township, pursuant to guidelines and
regulations adopted by the Federal Aviation Administration of the
United States Department of Transportation, 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 owners of Doylestown Airport.
[Ord. 01-09-18-1, 9/18/2001, § 2106]
1.
Future Uses. Except as specifically provided in Subsection (1), (2) and (3) hereunder, no material change shall be made in the use of land, no new structure or use shall be erected or otherwise established, and no new tree shall be planted in any zone hereby created unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined 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. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with Part 29.
(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, because of terrain, land contour or topographic
features, would extend above the height limit prescribed for such
approach zones.
(3)
In the areas lying within the limits of the transitional 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 transitional 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
height limits established by this Part.
2.
Existing Uses. No permit shall be granted that would allow the establishment
or creation of an obstruction or permit a nonconforming use to become
a greater hazard to air navigation than it was on the effective date
of this chapter or any amendments thereto or than it is when the application
for a permit is made.
3.
Nonconforming Use Replaced, Altered or Rebuilt. Before any nonconforming
structure may be replaced, substantially altered or rebuilt, or nonconforming
tree allowed to grow higher or replanted, a permit must be secured
authorizing the replacement or change.
4.
Nonconforming Uses Abandoned or Destroyed. Whenever the Zoning Officer
of Plumstead Township determines that a nonconforming use 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.
5.
Variances. Any person desiring to erect any structure, or increase
the height of any structure, or permit the growth of any tree, or
otherwise use his property in violation of the regulations prescribed
in this chapter, must apply to the Zoning Hearing Board of Plumstead
Township for a variance from such regulations. The application for
variance shall be accompanied by a determination from the Federal
Aviation Administrations to the effect of the proposal on the operation
of air navigation facilities and the safe, efficient use of navigable
airspace. Such variances may be allowed where it is duly found that
a literal application or enforcement of the regulations will result
in unnecessary hardship and the relief granted will not be contrary
to the public interest, will not create an airport hazard, will do
substantial justice, and will be in accordance with the spirit of
this chapter. Additionally, no application for variance to the requirements
of this chapter may be considered by the Zoning Hearing Board unless
a copy of the application has been furnished to the owner or manager
of Doylestown Airport for comments as to the aeronautical effects
of the variance. If the owner or manager of Doylestown Airport does
not respond to the application within 15 days after receipt, the Zoning
Hearing Board may act on its own to grant or deny said application.
6.
Obstruction Marking and Lighting. Any permit or variance granted
may, if such action is deemed advisable to effectuate the purpose
of this chapter and reasonable under 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 Doylestown
Airport, at its own expense, to install, operate and maintain the
necessary markings and lights.
7.
Notwithstanding any other provision of law, either the Zoning Officer
or the Zoning Hearing Board who may decide to grant a permit or variance
under this chapter shall notify the Pennsylvania Department of Transportation
of its decision. This notice shall be in writing and shall be sent
so as to reach the Department of Transportation at least 10 days before
the date upon which the decision is to issue.
