The purpose of this article is to create an airport district
overlay that considers safety issues around the Chester County G.O.
Carlson Airport, regulates and restricts the heights of constructed
structures and objects of natural growth, creates appropriate zones,
establishes the boundaries thereof and provides 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 and penalties, an appeals process, and judicial review.
The boundaries of the Airport District Overlay shall be as indicated
on the Airport District Overlay Map, adopted as an addendum to the
Zoning Map of West Brandywine Township. A true and correct copy of
the Airport District Overlay Map is attached hereto and incorporated
herein as Exhibit A.
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.
All applicable regulations of the underlying zoning district(s) shall
apply to any lands, structures, or uses located within the Airport
District Overlay.
Definitions of terms used in the Code of the Township of West Brandywine are as set forth in Chapter
1, General Provisions, Article
III, Terminology.
There are hereby created and established certain zones within the Airport District Overlay, defined in §
200-76.3 and depicted on Figure 1, and illustrated on the Chester County G.O. Carlson Airport
Hazard Area Map, hereby adopted as part of this article, which include:
E. Transitional Surface Zone.
Notwithstanding any other provisions of this article, no use
may 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 in any way endanger or interfere
with the landing, takeoff or maneuvering of aircraft utilizing the
Chester County G.O. Carlson Airport.
The regulations prescribed by this article 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 article, or otherwise interfere with the continuance
of a lawful 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 Township Zoning Ordinance), may only be reestablished consistent
with the provisions herein.
Any permit or variance granted pursuant to the provisions of this article may be conditioned according to the process described in §
200-76.8 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.
Appeals from any determination arising in this article are subject to the provisions of Chapter
200, Article
XIX, §
200-145.
Violations and penalties are subject to the General Provisions of the West Brandywine Township Code, Article
II, §
1-16.
Where a conflict exists between any of the regulations or limitations
prescribed in this article and any other regulation applicable to
the same area, the more stringent limitation or requirement shall
govern and prevail.