[HISTORY: Adopted by the Board of Supervisors of the Township
of Bridgewater 6-6-2011 by Ord. No. 6-2011. Amendments noted where
applicable.]
The purpose of this chapter is to:
A.
Address safety issues around the Husky Haven Airport.
B.
Regulate and restrict the heights of constructed structures and objects
of natural growth.
C.
Create appropriate zones, establishing the boundaries thereof and
provide for changes in the restrictions and boundaries of such zones.
D.
Create the permitting process for uses within said zones.
E.
Provide for enforcement, assessment of violation penalties, an appeals
process, and judicial review.
This chapter shall only apply to those areas established by § 105-4 and illustrated on the Husky Haven Airport Hazard Area Map, hereby adopted as part of this chapter.[1]
[1]
Editor's Note: Said map is on file in the Township offices.
The following words and phrases, when used in this chapter,
shall have the meanings given to them in this section, unless the
context clearly indicates otherwise:
The highest point of an airport's usable landing area,
measured in feet above sea level. The airport elevation of the Husky
Haven Airport is 1,670 feet above sea level.
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.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this chapter and
Act 164 of 1984 (Pennsylvania laws relating to aviation).[1]
A permit required by the Township prior to the erection of
a structure or planting of a tree which is not covered under the Uniform
Construction Code or assessment permit.
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The Approach Surface
Zone, as shown on Figure 1,[2] is derived from the approach surface.
A permit required by the Township prior to the erection or
alteration of any building or structure which does not require a Uniform
Construction Code permit.
Pennsylvania Department of Transportation Bureau of Aviation.
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. The
Conical Surface Zone, as shown on Figure 1,[3] is based on the conical surface.
Pennsylvania Department of Transportation.
A violation which poses an imminent threat to the public
health, safety or welfare and which requires immediate action to eliminate
such imminent threat.
The person, persons, agency, organization and/or entity appointed
by the Board of Supervisors of Bridgewater Township to administer
and enforce this chapter.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all zones
set forth in this chapter and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The Horizontal Surface Zone, as shown on Figure
1,[4] is derived from the horizontal surface.
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.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this chapter
or an amendment thereto.
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 by this chapter.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precisions 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.
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line. The Primary Surface Zone, as shown on Figure 1,[5] is derived from the primary surface.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
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.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically (7:1). The Transitional
Surface Zone, as shown on Figure 1,[6] is derived from the transitional surface.
Any object of natural growth.
A permit required under the Pennsylvania Uniform Construction
Code, Act 45 of 1999,[7] prior to the erection or alteration of any building or
structure.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds' maximum gross weight
or less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5301 et seq.
[2]
Editor's Note: Figure 1 is included at the end of this chapter.
[3]
Editor's Note: Figure 1 is included at the end of this chapter.
[4]
Editor's Note: Figure 1 is included at the end of this chapter.
[5]
Editor's Note: Figure 1 is included at the end of this chapter.
[6]
Editor's Note: Figure 1 is included at the end of this chapter.
[7]
Editor's Note: See 35 P.S. § 7210.101 et seq.
A.
Airport zones. There are hereby created and established certain zones as defined in § 105-3 and depicted on Figure 1[1] and illustrated on the official Husky Haven Airport Hazard
Area Map, dated March 16, 2010,[2] or subsequent updated maps, issued by the Bureau of Aviation,
hereby adopted as part of this chapter, which include:
(1)
Approach Surface Zone.
(2)
Primary Surface Zone.
(3)
Transitional Surface Zone.
(4)
Horizontal Surface Zone.
(5)
Conical Surface Zone.
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
[2]
Editor's Note: Said map is on file in the Township offices.
B.
Height limitations. No structure shall be erected, altered, or maintained and no tree or vegetation shall be allowed to grow in any zone created by Subsection A of this section to a height in excess of the applicable height limit herein established for such zone, unless a variance is granted in accord with § 105-8. Such applicable height limitations are hereby established for each of the zones in question as follows:
(1)
Utility Runway Surface Zones:
(a)
Visual Approach Surface 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)
Nonprecision Instrument Approach Surface 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)
Primary Surface Zone: established at the same height as the primary
surface.
(3)
Transitional Surface Zones: slopes 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.
(4)
Horizontal Surface Zone: established at 150 feet above the established
airport elevation.
(5)
Conical Surface Zone: slopes 20 feet outward for each foot upward
beginning at the periphery of the horizontal surface and at 150 feet
above the established airport elevation and extending to a height
of 350 feet above the established airport elevation.
C.
More than one zone. Any obstruction proposed or located in more than
one airport zone shall comply with the more restrictive height limitation.
Notwithstanding any other provisions of this chapter, no use shall be made of land or water within the airport zones established in § 105-4A in such a manner as to:
A.
Create electrical interference with navigational signals or radio
communications between the airport and aircraft.
B.
Make it difficult for pilots to distinguish between airport lights
and other lights.
C.
Impair visibility in the vicinity of the airport.
D.
Create bird strike hazards.
E.
Otherwise endanger or interfere with the landing, takeoff or maneuvering
of aircraft using the Husky Haven Airport.
A.
Continued use. The regulations prescribed by this chapter 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 chapter, or otherwise interfere with
the continuance of a nonconforming use.
B.
Increased nonconformity. No nonconforming use shall be structurally
altered or permitted to grow higher so as to increase the nonconformity,
and a nonconforming use, once substantially abated (subject to the
underlying land use regulations in effect), may only be reestablished
consistent with the provisions herein.[1]
C.
Abandonment or destruction. Whenever the enforcement officer determines
that a nonconforming tree or structure has been abandoned or has been
torn down, become physically deteriorated, or decayed by more than
80%, no permit shall be granted that would allow any new or repaired
structure or tree to exceed the applicable height limit or otherwise
violate this chapter.
A.
Permit required. Except as specifically provided in Subsection B of this section, no new structure shall be erected, no addition or alteration to an existing structure shall be made, and no natural or man-made object shall be erected or maintained in any airport zone unless a permit for the same has been obtained in accord with this chapter.
B.
Permit exemptions. No permit shall be required in the cases specifically
provided in this subsection. However, the exemption from the permit
requirements of this chapter shall not constitute an exemption from
the permit requirements of any other applicable ordinance or regulation.
(1)
No change in height: maintaining, repairing or replacing parts of
an existing structure which does not enlarge or increase the height
of the structure.
(2)
Horizontal and Conical Zones. 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 40 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 limit
prescribed for the zone.
(3)
Approach Zones. 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 40 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 limit prescribed for
the zone.
(4)
Transitional Zones.
(a)
In the areas lying within the limits of the Transitional Zones
beyond the perimeter of the Horizontal Zones, no permit shall be required
for any tree or structure less than 40 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 limit
prescribed for the zone.
(b)
In the areas lying within the limits of the Transitional Zones
beyond 280 feet measured longitudinally on each side of the Primary
Zone, no permit shall be required for any tree or structure less than
40 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 limit prescribed for the zone.
(5)
Primary Zones. In the areas lying within the limits of the Primary
Zones beyond the end of the runway, no permit shall be required for
any tree or structure with a maximum height extending to 1,665 feet
or less above sea level.
C.
Permit applications. The application for a permit required by this
chapter shall be made coincident with the application for an assessment
permit or a Uniform Construction Code permit, whichever is applicable,
as required by Township ordinances. In cases where an assessment permit
or a Uniform Construction Code permit is not required, the application
for the permit required by this chapter shall be submitted and processed
in accord with established procedures for an airport hazard permit.
D.
Bureau of Aviation notice. Prior to submitting any permit application
for any regulated activity in any Primary Zone or for any structure
40 feet or more in height, the applicant shall first notify the Bureau
of Aviation by submitting PENNDOT Form AV-57 to obtain an obstruction
review of the proposal at least 30 days prior to commencement thereof.
(1)
Submission with permit application. The BOA response must be included
with the permit application for it to be considered complete.
(2)
No penetration of airspace. If the BOA returns a determination of
no penetration of airspace, the permit request shall be considered
in compliance with this chapter.
Any person desiring to erect any structure or increase the height
of any structure or permit the growth of any object of natural growth
or otherwise use property in violation of this chapter may apply for
a variance in accord with this section.
A.
Variance procedure.
(1)
If the proposed activity requires an assessment permit, a variance
application for the activity shall follow the same variance procedure
established by the Bridgewater Township Variance Policy[1] for uses which require an assessment permit.
[1]
Editor's Note: The Bridgewater Township Variance Policy is
on file in the Township offices.
(2)
If the proposed activity requires a Uniform Construction Code permit,
a variance application for the activity shall follow the same procedure
established by the Bridgewater Township Variance Policy for uses which
require a Uniform Construction Code permit.
(3)
If an assessment permit or a Uniform Construction Code permit is
not required, a variance application for the activity shall follow
the procedure established by the Bridgewater Township Variance Policy
for airport hazard permits.
B.
Unnecessary hardship. Such requests for variances shall be granted
where it is duly found that a literal application or enforcement of
the regulations will result in unnecessary hardship and that relief
granted will not be contrary to the public interest, will not create
a hazard to air navigation, will do substantial justice, and will
be in accord with the intent of this chapter.
C.
FAA and BOA notice. Any request for a variance shall include documentation
in compliance with 14 CFR Part 77, Subpart B (FAA Form 7460-1, as
amended or replaced). Determinations of whether to grant a variance
shall depend on the determinations made by the FAA and the BOA as
to the effect of the proposal on the operation of air navigation facilities
and the safe, efficient use of navigable air space. In particular,
the request for a variance shall consider which of the following categories
the FAA has placed the proposed construction in:
(1)
No objection. The subject construction is determined to not exceed
obstruction standards, and marking/lighting is not required to mitigate
potential hazard. Under this determination, a variance shall be granted.
(2)
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures in § 105-9, Obstruction marking and lighting.
(3)
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied,
and the reasons for this determination shall be outlined to the applicant.
Any permit or variance granted pursuant to the provisions of
this chapter may be conditioned to require the owner of the structure
or object of natural growth in question to permit the owner and/or
operator of the Husky Haven Airport, at its own expense, or 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.
The Board of Supervisors shall appoint a person, persons, agency,
organization and/or entity to serve as the enforcement officer, who
shall be responsible for enforcing the terms of this chapter.
A.
Inspections and permission; Township Engineer.
(1)
Inspections and permission. The enforcement officer, and any other
agent so authorized by the Board of Supervisors, may inspect any premises
to determine whether any violations of this chapter exist. Prior to
entering upon any property to conduct an inspection, the enforcement
officer shall obtain the permission of the owner or occupant for the
same. If, after due diligence, the enforcement officer is unable to
obtain such permission, the enforcement officer shall have the authority
to conduct the necessary inspection upon the issuance of a search
warrant. The defendant named in the warrant shall reimburse the Board
of Supervisors for costs and reasonable attorney fees expended to
obtain the warrant.
(2)
Township Engineer. The enforcement officer may, upon authorization
of the Board of Supervisors, consult with the Township Engineer, Building
Inspector or any other qualified person in making the determination
regarding a violation.
B.
Notice. Whenever an inspection discloses that a violation exists,
the enforcement officer shall, upon authorization by the Board of
Supervisors, issue a notice to the owner and/or occupant of the premises.
The notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons it is being issued.
(3)
State a reasonable time to rectify the conditions constituting the
violation, and may contain an outline of remedial action which, if
taken, will effect compliance with the provisions of this chapter.
(5)
Inform the owner that should he fail to comply with the order or
request a hearing, the Township Supervisors will order the correction
of the violation and, in accord with this chapter, will assess any
and all costs, expenses (including, but not limited to, constable,
attorney, engineering and consulting fees), and penalties incurred
against the land on which the violation is located.
C.
Service of notice. Except in emergency cases, the notice shall be
sent by registered mail or by certificate of mailing or personally
delivered to the owner and/or the occupant of the premises. Where
the owner is absent from the Township, all notices shall be deemed
to be properly served upon the owner if:
(1)
A copy of the notice is served upon the owner personally; or
(2)
A copy of the notice is sent by registered mail or by certificate
of mailing to the last known address of the owner, regardless of receipt,
and is posted in a conspicuous place on or about the premises affected
by the notice; or
(3)
The owner is served with such notice by any other method authorized
under the laws of the commonwealth.
D.
Hearing appearance. The enforcement officer shall appear at all hearings conducted in accord with § 105-11 and testify as to the violation.
E.
Emergency cases. (See definition in § 105-3.) Whenever the enforcement officer finds that an emergency exists which requires immediate action to protect the public health, welfare or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as is necessary to correct the violation and eliminate the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. The costs of such emergency correction shall be collected in the same manner as provided herein for other cases.
The Board of Supervisors shall conduct hearings in accord with
the Local Agency Law.[1]
A.
Hearing request. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the Board, provided that such person shall file with the Board, in writing, a request for a hearing setting forth a brief statement of the grounds therefor within 30 days after the day the notice was served in accord with § 105-10.
(2)
At such hearing, the person requesting the hearing shall be given
an opportunity to be heard and to show cause why the violation(s)
in the notice should not be abated.
(3)
The Board shall commence the hearing not later than 60 days after
the day on which the request was received in the municipal office.
B.
Board action. After such hearing, the Board shall sustain the notice,
modify the standards which are the subject of the notice and attach
conditions, or withdraw the notice. If the Board sustains or modifies
such notice, it shall be deemed to be an order. Any notice served
pursuant to this chapter shall automatically become an order if a
written request for a hearing is not filed with the Board within 30
days after such notice is served.
D.
Fee. The person requesting the hearing shall pay the fee for such
hearing as may be established by resolution of the Board of Supervisors.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and
§ 751 et seq.
A.
Compliance. Failure to comply with any provision of this chapter
and/or failure to comply with an order to abate a violation shall
be violations of this chapter.
B.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.[1]
C.
Other remedies. In addition to the fines, judgments, and/or imprisonment remedies of Subsection B of this section, the Board reserves the right to pursue independent and cumulative remedies at law or equity, including a demand for reimbursement of all court costs and reasonable attorney fees.
D.
Abatement by Township and recovery of costs. In addition, if the
owner or person in control of any dangerous premises, or act or condition
constituting a violation of this chapter, fails to respond to a notice
of violation directing the correction of the violation within the
time limit prescribed by the notice, or fails to appeal to the Board
of Supervisors, or fails to comply with the determination of the appeal
made by the Board of Supervisors, the enforcement officer and/or the
Board of Supervisors shall be empowered to cause such work of abatement
to be commenced and/or completed by the Township; the Township may
enter a municipal lien upon the premises to recover the cost and expense
thereof.
Where a conflict exists between any of the regulations or limitations
prescribed in this chapter and any other regulation applicable to
the same area, the more stringent limitation or requirement shall
govern and prevail.
Bridgewater Township, and its agents, officials and representatives,
shall not under any circumstances be liable or legally responsible
for activities or conditions which constitute a violation under the
terms of this chapter. Any liability or damages resulting from activities
or conditions constituting a violation are the sole responsibility
of the owner of the property or the person or persons responsible
for said activity or condition. The failure to enforce the terms of
this chapter shall not constitute a cause of action against Bridgewater
Township or its agents, officials or representatives.
