[Added 11-19-2019 by Ord. No. 266]
A. 
The intent of this article is to ensure that all property and occupants of lands in the vicinity of the New Garden Airport are protected from its hazards. It is the specific purpose of this article to:
(1) 
Prohibit all obstructions that reduce the area available for landing, takeoff and maneuvering of the aircraft;
(2) 
Require special height controls for buildings and structures within certain designated areas; and
(3) 
Establish height restrictions that prevent the erection of structures interfering or obstructing airplane approaches or airport operations.
B. 
By imposing height restrictions, the Airport Hazard Zone enhances public safety and minimizes the disruption of existing zoning policies or existing land uses. Interference and obstruction pose a threat to the health, safety, welfare and convenience of residents of the Borough and passengers aboard the aircraft.
The Pennsylvania State Airport Zoning Act, Pennsylvania Aviation Code, and Federal Aviation Regulation Part 77[1] empower municipalities to restrict the height to which structures may be erected or natural growth may be allowed to occur in airport hazard areas. All standards set forth in this article support and supplement federal and state regulations.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.; 74 Pa.C.S.A. § 5101 et seq.; and 14 CFR Part 77, respectively.
The Airport Hazard Zone is an overlay district that regulates permitted heights. All applicable standards of the underlying district shall apply. In those instances where the Airport Hazard Zone allows a height restriction different than that imposed by the underlying zoning district, the more restrictive standard shall apply.
The following Zones have been created in order to carry out the intent of this article and are depicted upon the New Garden Airport Surface Areas Map, which is included as an appendix hereto and also on file at the Borough offices.
A. 
Approach Zone. A Zone longitudinally centered on the extended runway center line and extending outward from each end of the primary surface. The inner edge of the approach zone coincides with the width of the primary surface and the approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface.
B. 
Horizontal Zone. A Zone established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by lines tangent to these arcs. The Horizontal Zone does not include the Approach Zone.
C. 
Conical Zone. The Conical Zone is established as the area that commences at the periphery of the Horizontal Zone and extends outward a horizontal distance of 4,000 feet.
D. 
Transitional Surface Zone. The Transitional Zone slopes seven feet outward for each one foot upward, beginning at the sides of and at the same elevation as the primary and approach surfaces, extending to a height of 150 feet above the airport elevation to where these transitional surfaces intersect with the horizontal and conical surfaces.
Except as otherwise provided, no structure or tree shall be erected, altered, allowed to grow or be maintained in any zone created by this article to a height in excess of the applicable height limit. Applicable height limitations are as follows:
A. 
Approach Zone. The height limit in the Approach Zone shall be a line beginning at each end of and at the same elevation as the primary surface and sloping upward 34 feet horizontally for each foot vertically to a horizontal distance of 10,000 feet along the extended runway center line.
B. 
Horizontal Zone. The height limit in the Horizontal Zone shall be 585 feet above mean sea level.
C. 
Conical Zone. The Conical Zone slopes 20 feet outward for every foot upward, beginning at the periphery of the horizontal zone and at 350 feet above the airport elevation and extending to a height of 436 feet above the airport elevation.
D. 
Transitional Surface Zone. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.
No use may be made of land or water within the zone established by this article that creates electrical interference with navigational signals or radio communication between aircraft or between the airport and aircraft; makes it difficult for pilots to distinguish between airport lights and others; results in glare in the eyes of pilots using the airport; impairs visibility in the vicinity of the airport; constitutes an artificial attractant to birds; or otherwise creates a hazard or endangers the landing, takeoff, or maneuvering of aircraft intending to use the airport. All uses permitted by the underlying zoning district are subject to the height limitations prescribed by this article as well as the standards of the underlying zoning district.
The regulations in this article shall not require the removal, lowering, or other change to any structure or tree not conforming to the regulations when adopted or amended, except as provided in this article.
A. 
Future uses. No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established in any zone hereby created unless granted a permit, unless otherwise determined to be exempt.
(1) 
A permit for a tree or structure of less than 75 feet of vertical height above the ground is not required in the Horizontal Zones or in any Approach Zones beyond a horizontal distance of 4,200 feet from each end of the runway, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit for the respective zone.
(2) 
Each applicant for a building permit, or a permit to alter or change an existing structure, shall indicate the purpose(s) for which the permit is desired. Said application shall help determine whether the resulting use, structure or tree would conform to the regulations of this article. The fee for the permit shall be in an amount equal to the existing charges for a building permit.
(3) 
The applicant shall submit:
(a) 
Plans, topographic surveys, drawings, blueprints and the like necessary to ascertain the height of any proposed building or structure.
(b) 
Certification from a professional engineer registered in Pennsylvania stating that they have reviewed the applicant's specifications to ensure that the proposed use does not violate applicable standards.
B. 
Existing uses. No permit shall be granted that establishes or creates an airport hazard or permits a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the adoption of this article or than it is when the application for a permit is made.
C. 
Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property in violation of this article, may apply to the Zoning Hearing Board for a variance from such regulations as provided for in Article XVII of this chapter. Such variances shall be allowed if it is found that enforcement of the regulations would result in difficulty or unnecessary hardship. The variance is subject to any reasonable conditions that the Zoning Hearing Board may deem necessary to achieve the purposes of this article. In addition, the applicant shall notify New Garden Township, New Garden Airport Aviation Director and the Pennsylvania Department of Transportation of its intent to apply for a variance. Notification shall be in written form and sent to the all those entities at least 10 days before the application is to be submitted.
D. 
Hazard marking and lighting. Any permit or variance granted may be conditioned to require the owner of the structure or tree in question to permit New Garden Township or the New Garden Airport, at its own expense, to install, operate, and maintain markers and lights necessary to indicate to pilots the presence of an airport hazard.
It is the duty of the Zoning Officer to administer and enforce the regulations of this article. Applications for permits and variances shall be made to the Zoning Officer. Permit applications required by this article to be submitted to the Zoning Officer shall be promptly considered and granted or denied by the Zoning Officer. Enforcement, violations and appeals processes shall be as provided for in Article XVI and Article XVII of this chapter.
Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall prevail.