[Added 1-27-1992 by Ord. No. 231]
A.
The following is an expansion of the declaration of legislative intent contained in § 350-4 of this chapter. In addition, the intent of this district is to regulate and restrict the height of structures and objects of natural growth, and otherwise regulate the use of property in the vicinity of New Hanover Airport and Pottstown Municipal Airport.
B.
It hereby is found that an obstruction has the potential
for endangering the lives and property of users of New Hanover Airport
and Pottstown Municipal Airport, and property or occupants of land
in their vicinities; that an obstruction may affect existing and future
instrument approach minimums of New Hanover Airport and Pottstown
Municipal 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 new Hanover Airport
and Pottstown Municipal Airport and public investment therein. Accordingly,
it is declared:
(1)
The creation or establishment of an obstruction has
the potential of being a public nuisance and may injure the region
served by New Hanover Airport and Pottstown Municipal Airport.
(2)
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)
The prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation.
C.
It further is 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 making and lighting of obstructions are public purposes for which
a political subdivision may raise and expend public monies and acquire
land or interests in land.
The AHA Airport Hazard Area overlay shall include
the approach zones to New Hanover Airport shown on Figure 1, the Airport
Hazard Area Map for New Hanover Airport, and the approach zones to
Pottstown Municipal Airport shown on Figure 3, the Airport Hazard
Area Map for Pottstown Municipal Airport.[1]
[1]
Editor's Note: Figures 1 and 3 are included
at the end of this chapter.
The following words and phrases when used in
this article shall have the meaning given to them in this section
unless the context indicates otherwise:
Any contrivance, except an unpowered hang-glider or parachute,
used for manned ascent into or flight through the air.
New Hanover Airport and Pottstown Municipal Airport. Any
area of land or water which is used, or intended to be used, for the
landing and takeoff of aircraft and any appurtenant areas which are
used, or intended to be used for airport buildings or air navigation
facilities or rights-of-way, together with all airport buildings and
facilities thereon. As used herein, the term "airport" includes public
airports but excludes private airports and heliports. Public and private
airports are defined separately in this section.
The highest point of an airport's usable landing area measured
in feet above sea level. For New Hanover Township Airport, the airport
elevation is 280 feet above sea level. For Pottstown Municipal Airport,
the airport elevation is 256 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 an airport or is otherwise hazardous as defined by
"airport hazard" in 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 article and
Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation slope set forth in § 350-127 of this article. In plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
These zones are set forth in § 350-127 of this article.
A surface extending outward and upward from the periphery
of the horizontal at a slope of 20 to one for a horizontal distance
of 4,000 feet.
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 article and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
A horizontal plan 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal surface zone.
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 nonprecision
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 § 350-127 of this article.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision 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 ways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface is set forth in § 350-127 of this article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
An airport which is privately owned and which is not open
or intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.
An airport which is either publicly or privately owned and
which is open to the public as defined in 74 Pa.C.S.A. § 5102.
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.
These surfaces extend outward at 90° angles to the runway
center line and the runway center line extended at a slope of seven
feet horizontally for each foot vertically from the sides of the primary
and approach surfaces to where they intersect the horizontal and conical
surfaces. Transitional surfaces for these portions of the precision
approach surfaces, which project through and beyond the limits of
the conical surface, extend a distance of 5,000 feet measured horizontally
from the edge of the approach surface and at 90° angles to the
extended runway center line.
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 operation of aircraft using
visual approach procedures.
In order to carry out the provisions of this
article, 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
New Hanover Airport and Pottstown Municipal Airport. Such zones are
shown on Figure 2,[1] an explanatory diagram of visual and utility nonprecision
runway zones with corresponding height limitations, and on Figure
1, the Airport Hazard Area Map for New Hanover Airport and Figure
3, the Airport Hazard Area Map for Pottstown Municipal Airport, each
of which is attached to this article and made a part hereof. 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 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 surface
zone. Established beneath the nonprecision 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 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 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 nonprecision instrument approach surface zone.
Established beneath the nonprecision 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 nonprecision instrument approach surface zone.
Established beneath the nonprecision 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.
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 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
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: Figure 2 is included at the
end of this chapter.
Except as otherwise provided in this article,
no structure shall be erected, altered, or maintained, and no tree
shall be allowed to grow in any zone created by this article 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 nonprecision 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 nonprecision 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 nonprecision 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 280 feet
above mean sea level for New Hanover Airport and 256 feet above mean
sea level for Pottstown Municipal Airport. 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 430 feet above
mean sea level for New Hanover Airport and 406 feet above mean sea
level for Pottstown Municipal Airport.
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.
J.
Excepted height limitations. Nothing in this article
shall be construed as prohibiting the construction or maintenance
of any structure, or growth of any tree to the maximum height permitted
by this chapter for the principal use. The Board of Commissioners
may grant additional height as allowed by the applicable zoning district
after consideration of the Airport Hazard Area.
Notwithstanding any other provisions of this
chapter, no use may be made of land or water within any zone established
by this article 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 other, 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 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 any nonconforming use, except as provided in § 350-130 (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 article, 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 or nearby of such markers and lights as shall
be deemed necessary by the Zoning Officer to indicate to the operators
of aircraft in the vicinity of the airport the presence of such airport
obstruction. Such markers and lights shall be installed, operated,
and maintained at the expense of the respective airports.
A.
Future uses. Except as specifically provided in Subsection A(1), (2), or (3) 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 article shall be granted unless a variance has been approved in accordance with Subsection D.
(1)
In the areas 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 the 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 areas 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.
(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 article, 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 any existing structure.
B.
Existing uses. Before any nonconforming structure
may be replaced, substantially altered or rebuilt or tree allowed
to grow higher or replanted, a permit must be secured from the Borough
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
article or any amendments thereto, or than it is when the application
for a permit is made.
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 granted that would allow such structure
or tree to exceed the applicable height limit or otherwise deviate
from this article.
D.
Variance.
(1)
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 or her property in violation
of these 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 article. Variances may be granted subject
to any reasonable conditions that the Zoning Hearing Board may deem
necessary to effectuate the purposes of this article.
(2)
The application for a variance shall be accomplished
by a determination from the Federal Aviation Administration (FAA)
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 article 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.
E.
Hazard marking and lighting. In granting any permit
or variance under this section, the Zoning Hearing Board shall, if
it deems the action advisable to effectuate the purpose of this article
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 Township, 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.
In the event of conflict between any airport
zoning regulations applicable to the same area, whether the conflict
be with respect to the height of structures or trees, and the use
of land, or any other matter, and whether the other regulations were
adopted by the municipality which adopted the airport zoning regulations
or by some other municipality or otherwise, the more stringent limitation
or requirement shall govern and prevail.
