[HISTORY: Adopted by the Borough Council of the Borough of
West Reading 4-19-2011 by Ord. No. 996. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 455.
This chapter shall be known and may be cited as the "West Reading
Airport Zoning Overlay Ordinance."
A.
This chapter is adopted pursuant to the authority conferred by 1984
Pennsylvania Laws 164, codified at 74 Pa.C.S.A. § 5101 et
seq.
B.
It is hereby found that an obstruction has the potential for endangering
the lives and property of users of the Reading Regional Airport and
property or occupants of land in its vicinity; that an obstruction
may affect existing and future instrument approach minimums of the
Reading Regional 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 the Reading Regional
Airport and the public investment therein. Accordingly, it is declared:
(1)
That the creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by the
Reading Regional Airport.
(2)
That it is necessary in the interest of the public health, safety,
morals and general welfare that the creation or establishment of obstructions
that are a hazard to air navigation be prevented.
(3)
That the prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation.
C.
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.
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:
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
Reading Regional Airport.
Three hundred forty-four 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 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).
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]
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.
These zones are set forth in § 136-4 of this chapter.
The Borough of West Reading, Berks County, Pennsylvania.
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.
The Pennsylvania Department of Transportation.
The 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 Borough 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, included as an attachment to this chapter, 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 any 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 non-precision-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 § 136-5 of this chapter.
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.
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.
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.
A defined area on 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. The transitional surface zone as shown on Figure 1, included as an attachment to this chapter, is derived from the transitional surface.
Any object of natural growth.
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. § 5101 et seq.
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.[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 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.
[1]
Editor's Note: The Reading Municipal Airport Height Limitation
and Zoning District Map is on file in the Borough offices.
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.
A.
Regulations not retroactive. 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 any nonconforming use, except as provided in § 136-9 relating to permits and variances. 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 chapter and is diligently executed. 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 Zoning Ordinance)[1]may be reestablished consistent with the provisions therein.
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 or nearby of such markers and lights as shall
be deemed necessary by the appropriate officials of the airport to
indicate to the operators of aircraft in the vicinity of the airport
the presence of such obstruction. Such markers and lights shall be
installed, operated and maintained at the expense of the owner of
the Reading Regional Airport.
A.
Permit applications. As regulated by Act 164[1] and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made) in the vicinity of the airport shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this chapter. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied and the project sponsor may seek a variance from such regulations as outlined in Subsection B. No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
B.
Variance. Any request for a variance shall include documentation
in compliance with 14 Code of Federal Regulations Part 77, Subpart
B (FAA Form 7460-1, as amended or replaced).[2] Determinations of whether to grant a variance will depend
on the determinations made by the FAA and the Department's 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 or 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 mitigation measures as described in § 136-14, Hazard marking and lighting.
(3)
Objectionable. The proposed construction or 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.
[2]
Editor's Note: See 14 CFR 77.5 through 77.11.
A.
Except as specifically provided in Subsection A(1), (2) or (3) of this section, 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 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 § 136-13 of this chapter.
(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, because of
terrain, land contour or topographic features, such tree or structure
would extend above the height limit prescribed for such approach zones.
(3)
In the area lying within the limits of the transition zones beyond
the perimeter of the horizontal zones, 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 feature, would extend above the height
limit prescribed for such transition zones.
B.
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 of the height
limits established by this chapter, except that no permit is required
to make maintenance repairs to or to replace parts of existing structures
which do not enlarge or increase the height of an existing structure.
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.
A.
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 his, her or its property in violation of airport
zoning regulations may apply to the Zoning Hearing Board for a variance
from the zoning regulations in question. A variance may be allowed
where a literal application or enforcement of the regulations would
result in practical difficulty or unnecessary hardship and the relief
granted would not be contrary to the public interest but would do
substantial justice and would be in accordance with the spirit of
the regulations and this chapter. Any variance may be granted subject
to any reasonable conditions that the Zoning Hearing Board may deem
necessary to effectuate the purposes of this chapter.
B.
The application for variance shall be accompanied by a determination
from the Federal Aviation Administration as to the effect of the proposal
on the operation of air navigation facilities and the safe, efficient
use of navigable airspace. 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 Airport Manager (or person of equivalent description) for advice
as to the aeronautical effects of the variance. If the Airport Manager
(or person of equivalent description) does not respond to the application
within 15 days after receipt, the Zoning Hearing Board may act without
such input to grant or deny said application.
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.
A.
There is hereby created a Board of Adjustment which shall be the
Zoning Hearing Board of the Borough which shall have and exercise
the following powers:
(1)
To
hear and decide appeals from any order, requirement, decision or determination
made by the Zoning Officer in the enforcement of this chapter;
(2)
To
hear and decide special exceptions to the terms of this chapter upon
which such Board of Adjustment under such regulations may be required
to pass; and
(3)
To
hear and decide applications for variances.
B.
The Board of Adjustment shall adopt rules for its governance and
in harmony with the provisions of this chapter. Meetings of the Board
of Adjustment shall be held at the call of the Chairperson and at
such other times as the Board of Adjustment may determine. The Chairperson
or, in the absence of the Chairperson, the Acting Chairperson, may
administer oaths and compel the attendance of witnesses. All hearings
of the Board of Adjustment shall be public. The Board of Adjustment
shall keep minutes of its proceedings showing the vote of each member
upon each question, or if absent or failing to vote, indicating such
fact, and shall keep records of its examinations and other official
actions, all of which shall immediately be filed in the office of
the Board of Adjustment and shall be a public record.
C.
The Board of Adjustment shall make written findings of facts and
conclusions of law giving the facts upon which it acted and its legal
conclusions from such facts in reversing, affirming or modifying any
order, requirement, decision or determination which comes before it
under the provisions of this chapter.
D.
The concurring vote of a majority of the members of the Board of
Adjustment shall be sufficient to reverse any order, requirement,
decision or determination of the Zoning Officer, or decide in favor
of the applicant on any matter upon which it is required to pass under
this chapter.
A.
Right of appeal. Any person aggrieved or taxpayer affected by any
decision of the Borough may appeal to the Zoning Hearing Board as
provided by law.
B.
Reasonable time requirement. All appeals hereunder must be taken
within a reasonable time as provided by the rules of the Zoning Hearing
Board. The Board shall fix a reasonable time for hearing appeals,
give public notice and due notice to the parties in interest, and
decide the same within a reasonable time. Upon the hearing, any party
may appear in person or by agent or attorney.
C.
Stay of proceedings. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the Borough certifies to the Zoning
Hearing Board, after the notice of appeal has been filed with it,
that, by reason of the facts stated in the certificate, a stay would,
in its opinion, cause imminent peril to life or property. In such
cases, proceedings shall not be stayed otherwise than by order of
the Board on notice to the Borough.
D.
Power to reverse, affirm or modify order. The Zoning Hearing Board
may, in conformity with the provisions of this chapter, reverse or
affirm, in whole or in part, or modify the order, requirement, decision
or determination appealed from and may make such order, requirement,
decision or determination as may be appropriate under the circumstances.
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.
A.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor, pay a fine of not more than $600,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. If the penalty is not paid, the Borough
shall initiate a civil action for collection in accordance with the
Pennsylvania Rules of Civil Procedure. Each day a violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Berks County.
B.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
