In expansion of the declaration of legislative intent and statement of community development objectives in §§ 500-101 and 500-102 of Article I of this chapter, it is the intent of this article to benefit the public health, safety and welfare by regulating and restricting the height of man-made and natural objects in the vicinity of any airport located in Upper Hanover Township in conformance with the following objectives.
A.
Create appropriate overlay zones and establish boundaries
thereof.
B.
Provide for changes in the restrictions and boundaries
of such zones in accord with particular types of airports, runways,
aircraft and instrumentation involved.
C.
Define certain terms used herein (other terms are defined in Article II, Definitions, under "airport-zoning-related terms").
D.
Provide a map of the overlay zones for each airport.
E.
Provide rules for enforcement of these regulations.
F.
Prevent the establishment of hazards to air navigation.
G.
Conform with the goals of the Comprehensive Plan and
Open Space and Environmental Resource Protection Plan.
[Amended 2-13-2007 by Ord. No. 2007-01]
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 Upper Hanover Township. Such zones are shown on the Upper Hanover
Airport Zoning Map which is incorporated into 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 Zone. The inner edge
of this approach zone coincides with the width of the primary surface
and is 250 feet wide. The approach zone expands outward uniformly
to a width of 1,250 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.
B.
Utility Runway Nonprecision Instrument Approach Zone.
The inner edge of this approach zone coincides with the width of the
primary surface and is 500 feet wide. The approach zone expands outward
uniformly to the width of 2,000 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.
C.
Runway Larger than Utility with a Visibility Minimum
as Low as 3/4 Mile Nonprecision Instrument Approach Zone. The inner
edge of this approach zone coincides with the width of the primary
surface and is 1,000 feet wide. The approach 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.
D.
Precision Instrument Runway Approach Zone. The inner
edge of this approach zone coincides with the width of the primary
surface and is 1,000 feet wide. The approach 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.
E.
Heliport Approach Zone. The inner edge of this approach
zone coincides with the width of the primary surface and is 250 feet
wide. The approach zone expands outward uniformly to a width of 500
feet at a horizontal distance of 4,000 feet from the primary surface.
F.
Transitional Zones. The transitional zones are the
areas beneath the transitional surfaces.
G.
Heliport Transitional Zones. These zones extend outward
from the side of the primary surface and the heliport approach zones
a horizontal distance of 250 feet from the primary surface center
line and the heliport approach zone center line.
H.
Horizontal Zone. The horizontal zone is 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 drawing lines tangent to those arcs. The horizontal zone does not
include the approach and transitional zones.
I.
Conical Zone. The conical zone is established as the
area that commences at the periphery of the horizontal zone and extends
outward therefrom a horizontal distance of 4,000 feet.
[1]
Editor's Note: Said map is on file in the
Township 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 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 Nonprecision Instrument Approach 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 with a Visibility Minimum
as Low as 3/4 Mile Nonprecision Instrument Approach 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.
D.
Precision Instrument Runway Approach 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.
E.
Heliport Approach Zone. Slopes eight feet outward
for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a distance of 4,000 feet along
the heliport approach zone center line.
F.
Transitional Zones. Slopes seven feet outward for
each foot upward beginning at the side 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. In addition to the
foregoing, 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.
G.
Heliport Transitional Zones. Slopes two feet outward
for each foot upward beginning at the sides of and at the same elevation
as the primary surface and the heliport approach zones and extending
a distance of 250 feet measured horizontally from and at 90° angles
to the primary surface center line and heliport approach zone center
line.
H.
Horizontal Zone. Established at 150 feet above the
airport elevation.
I.
Conical Zone. Slopes 20 feet outward for each foot
upward beginning at the periphery of the horizontal zone and at 150
feet above the airport elevation and extending to a height of 350
feet above the airport elevation.
Notwithstanding any other provisions of this
chapter, no use may be made on land or water within any zone established
by this chapter in such as 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 nonconforming use. 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.
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 of such markers and lights as shall be deemed
necessary by the FAA to indicate to the operators of aircraft obstruction.
Such markers and lights shall be installed, operated and maintained
at the expense of the owner of said airport.
A.
Future uses. Except as specifically provided in A, B and C hereunder, 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 § 500-2205D.
(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 such tree or structure would extend above the height limit prescribed
for such approach zones.
(3)
In the areas lying within the limits of the
transition zones beyond the perimeter of the horizontal zone, no permit
shall be required for any tree or structure less than 75 feet of vertical
height above the ground, except where such tree or structure, because
of terrain, land contour, or topographic features, would extend above
the height limit prescribed for such transition zones.
(4)
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.
[Amended 7-13-2004 by Ord. No. 2004-08]
B.
Existing uses. Before any nonconforming structure
may be replaced, substantially altered or rebuilt or a tree allowed
to grow higher or replanted, a permit must be secured from the Township
authorizing the replacement or change. No permit shall be granted
that would allow the establishment or creation of any obstruction
or permit a nonconforming use or 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. Except as indicated, all applications for such
a permit shall be granted.
[Amended 7-13-2004 by Ord. No. 2004-08]
C.
Nonconforming uses abandoned or destroyed. Whenever
the 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 the zoning regulations.
D.
Variances. Any person desiring to erect or increase
the height of any structure, or permit the growth of any tree, or
use property not in accordance with the regulations in this chapter
may apply to the Zoning Hearing Board for a variance for such regulation.
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. Such variance shall be allowed where it
is duly found that a literal application or enforcement of the regulations
will result in unnecessary hardship and relief granted will not be
contrary to the public interest and justice and will be in accordance
with the spirit of this chapter.
E.
Obstructions, markings and lighting. Any permit or
variance granted may, if such action is deemed advisable to effectuate
the purpose of this chapter and be reasonable in the circumstance,
be so conditioned as to require the owner of the structure or tree
in question to install, operate and maintain, at the owner's expense,
such markings and lights as may be necessary. If deemed proper by
the Zoning Hearing Board, this condition may be modified to require
the owner to permit the airport owner, at its own expense, to install,
operate and maintain the necessary markings and lights.
A.
The Zoning Officer shall administer and enforce the
regulations contained herein. Applications for permits and variances
shall be made to the Zoning Officer upon a form published for that
purpose.
Where there exists a conflict between any of
the regulations or limitations 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 and the use of the land, or any
other matter, the more stringent limitation or requirement shall govern
and prevail.
