[Ord. 2013-06, 12/30/2013]
The purpose of this Part is to create an airport district overlay
that considers safety issues around the G.O. Carlson Airport, regulates
and restricts the heights of constructed structures and objects of
natural growth, creates appropriate zones, establishing the boundaries
thereof and providing for changes in the restrictions and boundaries
of such zones, creates the permitting process for use within said
zones and provides for enforcement, assessment of violation penalties,
an appeals process, and judicial review.
[Ord. 2013-06, 12/30/2013]
The Airport District Overlay shall not modify the boundaries
of any underlying zoning district. Where identified, the Airport District
Overlay shall impose certain requirements on land use and construction
in addition to those contained in the underlying zoning district.
[Ord. 2013-06, 12/30/2013]
The following words and phrases, when used in this Part, shall
have the meanings given to them in this Part, 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 G.O. Carlson
Airport is 660 feet MSL.
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 Part and Act
164 of 1984 (Pennsylvania Laws Relating to Aviation).
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, is derived from the approach surface.
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, 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 Part 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, 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.
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 preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this Part or
an amendment thereto.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this Part.
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, 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 formation and overhead transmission lines.
An imaginary surface that extends outward and upward from
the end 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 the Airport District Overlay Map, 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.
 Figure 1
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[Ord. 2013-06, 12/30/2013]
1.
There are hereby created and established certain zones within the Airport District Overlay, defined in § 27-2503 and depicted on the Airport District Overlay Map, being the hand-annotated version of the Chester County G.O. Carlson Airport Surface Areas Map created by URS Corporation on behalf of PennDOT Bureau of Aviation, May 27, 2010, hereby adopted as part of this Part and incorporated herein as Appendix 27-2501-1,[1] which include:
A.
Approach Surface Zone.
B.
Conical Surface Zone.
C.
Horizontal Surface Zone.
D.
Primary Surface Zone.
E.
Transitional Surface Zone.
[1]
Editor's Note: Appendix 27-2501-1 is included as an attachment to this chapter.
[Ord. 2013-06, 12/30/2013]
As regulated by Act 164 and defined by 14 CFR 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 (as amended or replaced) and the FAA by submitting FAA Form 7460-1 (as amended or replaced) 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 Part. 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 § 27-2506.
[Ord. 2013-06, 12/30/2013]
1.
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 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:
A.
No Objection: The subject construction is determined not to exceed
obstruction standards, and marking/lighting is not required to mitigate
potential hazard. Under this determination, a variance shall be granted.
B.
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 as described in § 27-2509, Obstruction Marking and Lighting.
C.
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.
2.
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 accordance with the intent
of this Part.
[Ord. 2013-06, 12/30/2013]
Notwithstanding any other provisions of this Part, no use shall
be made of land or water within the Airport District Overlay 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,
impair visibility in the vicinity of the airport, create bird strike
hazards, or otherwise endanger or interfere with the landing, takeoff
or maneuvering of aircraft utilizing the G. O. Carlson Airport.
[Ord. 2013-06, 12/30/2013]
The regulations prescribed by this Part 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 Part or to otherwise interfere with the continuance
of a nonconforming use. 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 chapter), may only be reestablished consistent with
the provisions herein.
[Ord. 2013-06, 12/30/2013]
Any permit or variance granted pursuant to the provisions of this Part may be conditioned according to the process described in § 27-2506 to require the owner of the structure or object of natural growth in question to permit the municipality, 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.
[Ord. 2013-06, 12/30/2013]
Violations and penalties of the Airport District Overlay provisions shall be subject to § 27-2101 of this chapter.
[Ord. 2013-06, 12/30/2013]
Where there exists a conflict between any of the regulations
or limitations prescribed in this Part and any other regulation applicable
to the same area, the more-stringent limitation or requirement shall
govern and prevail.
[Ord. 2013-06, 12/30/2013]
If any of the provisions of this Part or the application thereof
to any person or circumstance are held invalid, such invalidity shall
not affect other provisions or applications of the Part which can
be given effect without the invalid provision or application, and
to this end, the provisions of this Part are declared to be severable.
