This chapter shall be known and may be cited as the "West Reading
Airport Zoning Overlay Ordinance."
The following words and phrases when used in this chapter shall
have the meaning given to them in this section, unless the context
clearly indicates otherwise:
AIRCRAFT
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
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 the airport or is otherwise hazardous as defined
by "airport hazard" in 74 Pa.C.S.A. § 5102 and in 14 CFR
Part 77 (FAA Regulations).
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 chapter and
Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
APPROACH SURFACE
An imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from the end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The approach surface zone, as shown on Figure 1,
included as an attachment to this chapter, is derived from the approach surface.
BOROUGH
The Borough of West Reading, Berks County, Pennsylvania.
CONICAL SURFACE
An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet. A conical surface zone, as shown in Figure 1,
included as an attachment to this chapter, is based on the conical surface.
DEPARTMENT
The Pennsylvania Department of Transportation.
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 chapter and shown on the Borough Zoning Map, the
datum shall be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE (ZONE)
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,
included as an attachment to this chapter, is derived from the horizontal surface.
LARGER-THAN-UTILITY RUNWAY
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.
NONCONFORMING USE
Any preexisting structure, object of natural growth or use
of land which is inconsistent with the provisions of this chapter
or any amendment thereto.
NON-PRECISION-INSTRUMENT RUNWAY
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 non-precision-instrument
approach procedure has been approved or planned.
OBSTRUCTION
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in §
136-5 of this chapter.
PERSON
An individual, firm, partnership, corporation, company, association,
joint stock association, governmental entity or other entity, and
includes a trustee, receiver, assignee or similar representative of
any of them.
PRECISION INSTRUMENT RUNWAY
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.
PRIMARY SURFACE
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 §
136-4 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
RUNWAY
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
STRUCTURE
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.
TREE
Any object of natural growth.
UTILITY RUNWAY
A runway that is constructed for and intended to be used
by propeller driven aircraft of 12,500 pounds maximum gross weight
or less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using
visual approach procedures.
In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Reading Municipal Airport Height Limitation and Zoning District Map prepared by the Pennsylvania Department of Transportation, Bureau of Aviation, and dated Spring 1989, which is
attached to this chapter and made a part hereof. 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 visual approach surface zone. Established beneath
the visual approach surface. The inner edge of this zone coincides
with the width of the primary surface and is 250 feet wide. The zone
expands outward uniformly to a width of 1,250 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. Utility runway non-precision-instrument approach surface zone. Established
beneath the non-precision-instrument approach surface. The inner edge
of this zone coincides with the width of the primary surface and is
500 feet wide. The zone expands outward uniformly to a width of 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.
C. Runway larger than utility visual approach surface zone. Established
beneath the visual approach surface. The inner edge of this zone coincides
with the width of the primary surface and is 500 feet wide. The 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.
D. Runway larger than utility with a visibility minimum greater than
3/4 mile non-precision-instrument approach surface zone. Established
beneath the non-precision-instrument approach surface. The inner edge
of this zone coincides with the width of the primary surface and is
500 feet wide. The zone expands outward uniformly to a width of 3,500
feet at a horizontal distance of 10,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
E. Runway larger than utility with a visibility minimum as low as 3/4
mile non-precision-instrument approach surface zone. Established beneath
the non-precision-instrument approach surface. The inner edge of this
zone coincides with the width of the primary surface and is 1,000
feet wide. The zone expands outward uniformly to a width of 4,000
feet at a horizontal distance of 10,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
F. Precision instrument runway approach surface zone. Established beneath
the precision instrument approach surface. The inner edge of this
zone coincides with the width of the primary surface and is 1,000
feet wide. The zone expands outward uniformly to a width of 16,000
feet at a horizontal distance of 50,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
G. Transitional surface zones. Established beneath the transitional
surfaces adjacent to each runway and approach surface as indicated
on the Height Limitation and Zoning District Map.
H. Horizontal surface zone. Established beneath the horizontal surface,
150 feet above the established airport elevation, the perimeter of
which is constructed by swinging arcs of 10,000 feet radii 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
surface zone does not include the approach surface and transitional
surface zones.
I. Conical surface zone. Established beneath the conical surface. This
zone commences at the periphery of the horizontal surface and extends
outward therefrom a horizontal distance of 4,000 feet.
Except as otherwise provided in this chapter, no structure shall
be erected, altered or maintained, and no tree shall be allowed to
grow in any zone created by this chapter to a height in excess of
the applicable height limit herein established for such zone. Such
applicable height limitations are hereby established for each of the
zones in question as follows:
A. Utility runway 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. Utility runway non-precision-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.
C. Runway larger than utility 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.
D. Runway larger than utility with a visibility minimum greater than
3/4 mile non-precision-instrument approach surface zone. Slopes 34
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 10,000 feet along the extended runway center line.
E. Runway larger than utility with a visibility minimum as low as 3/4
mile non-precision-instrument approach surface zone. Slopes 34 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 10,000 feet along the extended runway center line.
F. Precision instrument runway approach surface zone. Slopes 50 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 10,000 feet along the extended runway center line, thence slopes
upward 40 feet horizontally for each foot vertically to an additional
horizontal distance of 40,000 feet along the extended runway center
line.
G. 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 which is 344 feet above mean
sea level. In addition to the foregoing, when an airport has a precision
instrument runway approach zone, there are established height limits
sloping seven feet outward for each foot upward beginning at the sides
of and at the same elevation as the approach surface, and extending
to where they intersect the conical surface. Where the precision instrument
runway approach zone projects beyond the conical zone, there are established
height limits sloping seven feet outward for each foot upward beginning
at the sides of and at the same elevation as the approach surface,
and extending a horizontal distance of 5,000 feet measured at 90°
angles to the extended runway center line.
H. Horizontal surface zone. Established at 150 feet above the established
airport elevation or at a height of 494 feet above mean sea level.
I. 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 or at a height
of 694 feet above mean sea level.
J. 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 75 feet above the surface of
the land except when such tree or structure, because of terrain, land
contour or topographic features, would extend above the height limit
prescribed for such zones.
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 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.
Before any nonconforming structure may be replaced, substantially
altered or rebuilt or any tree allowed to grow higher or be replanted,
a permit must be secured from the Borough Zoning Officer authorizing
the replacement or change. 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 chapter, or any amendments
thereto, or than it is when the application for a permit is made.
Whenever the Borough 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 this chapter.
In granting any permit or variance under §§
136-9 through
136-14 of this chapter, the Board shall, if it deems the action advisable to effectuate the purpose of this chapter and reasonable under the circumstances, so condition the permit or variance as to require the owner of the structure or object of natural growth in question to permit the Borough, at its own expense, or require the person or persons requesting the permit or variance, to install, operate and maintain thereon such markers and lights as may be required by guidelines or regulations adopted by the FAA.
It shall be the duty of the Borough Zoning Officer to administer
and enforce the regulations prescribed in this chapter. Applications
for permits and variances shall be made to the Borough Zoning Officer
upon a form published for that purpose. Applications required by this
chapter to be submitted to the Borough Zoning Officer shall be promptly
considered and granted or denied. Application for action by the Zoning
Hearing Board shall be forthwith transmitted by the Borough Zoning
Officer.
Notwithstanding any other provision of law, a municipality or
board which decides to grant a permit or variance under this chapter
shall notify the Department of Transportation of its decision. This
notice shall be in writing and shall be sent so as to reach the Department
at least 10 days prior to the date upon which the decision is to issue.
In the event of conflict between this chapter and any other
ordinances or regulations, whether the conflict be with respect to
the height of structures or trees, the use of land or any other matter,
and whether the other ordinances or regulations were adopted by the
Borough of West Reading or by some other municipality or otherwise,
the more stringent limitation or requirement shall govern and prevail.
Any person aggrieved, or any taxpayer affected, by any decision
of the Zoning Hearing Board may appeal to the Court of Common Pleas
as provided by law.
Words of any gender used in this chapter shall be held and construed
to include any other gender, and words in the singular shall be used
to include the plural, unless the context otherwise requires.
The captions or headings of sections in this chapter are inserted
for convenience only, and shall not be considered in construing the
provisions herein if any question of intent should arise.