[Added 12-9-2009 by Ord. No. 330]
[1]
Editor's Note: Former Article IX, Airport Zone Regulations,
was repealed 7-13-2005 by Ord. No. 296..
This article shall be known and may be cited as the Skippack
Township Airport Zoning Ordinance of 2009. The accompanying map shall
be known, and may be cited as, the Skippack Township Airport Zoning
Overlay Map.[1]
[1]
Editor's Note: Said map is on file in the Township offices.
A.
An airport, presently known as Perkiomen Valley Airport, has existed
in Skippack Township since 1939. The airport is surrounded by residentially
used or zoned properties. The purpose of this article is to regulate
the obstructions that have the potential for endangering the lives
and property of users of the Airport, of property and of occupants
in its vicinity, while, at the same time respecting the rights of
owners of property located in the vicinity of the airport. The Board
hereby recognizes that:
(1)
An obstruction may affect instrument approach landings at the
airport;
(2)
An obstruction may reduce the size of areas available for landing,
takeoff, and maneuvering of aircraft, thus tending to impair the utility
of the airport and the public benefit created by that airport; and
(3)
The owners of property located in the vicinity of the airport
should not be unreasonably burdened with the cost of limiting lawfully
existing obstructions which occur as a result of the lawful uses of
their property.
B.
Accordingly, it is declared that:
(1)
The creation of an obstruction has the potential of being a
public nuisance that may result in injury;
(2)
It is necessary in the interest of public health, public safety
and public welfare that the creation of obstructions that are a hazard
to air navigation be prevented;
(3)
The prevention of otherwise lawful uses of property that are
obstructions because of their proximity to the airport should be accomplished
by the exercise of a combination of the Township's police power and
the expenditure of funds by the owners of the airport.
As used in this article, the following words and phrases shall
have the meaning herein indicated, unless the context otherwise requires:
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through air.
Any facility that accommodates aircraft.
The highest point of the airport's usable landing area measured
in feet above sea level.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight for aircraft in landing
or taking off at the 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 it is not prevented as provided for in this article
and the Act 164 of 1984 (Pennsylvania Law Relating to Aviation).[1]
A surface longitudinally centered on the extended runway
center line, extending outward and upward from the end of the primary
runway surface and at the same slope as the approach surface zone
height limitation slope set forth on the Airport Zoning Overlay Map
of this article.[2] In plan, the perimeter of the approach surface coincides
with the perimeter of the approach zone.
These zones are set forth on the Airport Zoning Overlay Map.[3]
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to one for a horizontal
distance of 4,000 feet.
Pennsylvania Department of Transportation, Bureau of Aviation.
Federal Aviation Administration of the United States Department
of Transportation.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
For the purpose of determining the height limits in all zones
set forth in this article and shown on the Airport Zoning Overlay
Map, the datum shall mean sea level elevation unless otherwise specified.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the Horizontal 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 by jet-powered aircraft.
Any preexisting structure, object of natural growth, or use
of land which exceeds a limiting height set forth in this article
as of the date of the adoption of this article.
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 this article.
An individual, firm, partnership, corporation, company, association,
joint stock association or governmental entity, including a trustee,
receiver, assignee, or similar representative of any of them.
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 specifically prepared hard surface, the primary surface extends
200 feet beyond each end of that runway. The width of the primary
surface is set forth on the Airport Zoning Overlay Map of this article.[4] The elevation of any point on the primary surface is the
same as the elevation of the nearest point on the runway center line.
A defined area on the airport prepared for landing and takeoff
of aircraft along its length.
Those surfaces extending outward at ninety-degree 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 those
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 end of the approach surface
and at ninety-degree angles to the extended runway center line.
Any object of natural growth.
A runway that is constructed or intended to be used by propeller-driven
aircraft of 12,500 pounds maximum gross weight and less.
A runway intended solely for the 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 the airport.
Such zones are shown on the official Airport Zoning Overlay Map.[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 in a horizontal distance of 5,000 feet from the primary surface.
Its center line is the continuation 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 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.
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.
D.
Transitional Zone. The Transitional Zones are the areas beneath the
transitional surfaces adjacent to each runway and approach surface.
E.
Horizontal Zone. The Horizontal Zone is established beneath the horizontal
surface, 150 feet above the established airport elevation, the perimeter
of which is constructed by swinging arcs 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, as shown on the Airport
Zoning Overlay Map.[2]
[2]
Editor's Note: Said map is on file in the Township offices.
F.
Conical Zone. The Conical Zone 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 article, no structure shall
be erected, altered, or maintained, and no tree shall be allowed to
grow into any of the below zones created by this article to a height
in excess of the applicable height 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.
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; then slopes upward 40
feet horizontally for each foot vertically to an additional horizontal
distance of 40,000 feet along the extended runway center line.
D.
Transitional 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, as noted on the Airport Overlay
Zoning Map. 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 ninety-degree angles to the extended runway center
line.
E.
Horizontal Zone: established at 150 feet above the airport elevation.
F.
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.
A.
Notwithstanding any other provisions of this article, 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
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.
B.
Recognizing that the regulations in this article could result in
the laying of a dead hand upon all or a portion of properties adjacent
to or nearby the airport, the use of any such property shall be regulated
by the following Conditional Use provisions.
(1)
The owner of an impacted property shall prepare a plan of development
for the property based upon the underlying zoning district restrictions
and disregarding the airport zoning restrictions. A plan shall then
be prepared with the airport zone restrictions, and the two plans
shall be compared for the purpose of determining the number of dwelling
units lost because of the airport zone restrictions.
(2)
The property that is not restricted by airport zoning regulations
may then be developed to a total density equal to the number of units
achievable with the airport zoning restrictions plus 125% of the number
of units lost to airport zoning restrictions.
(3)
The plan of subdivision for the reduced-size property shall
be designed so as to minimize the deviation from the dimensional requirements
of the underlying zoning district.
A.
The regulations prescribed in 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 at the effective
date of this article, or otherwise interfere with the continuance
of a 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 article, and is diligently prosecuted.
B.
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 which are necessary to indicate
to the operators of aircraft in the vicinity of the airport the presence
of such airport hazard. Such markers and lights shall be installed,
operated, and maintained at the expense of the airport.
C.
Any trees which presently exist or are hereafter lawfully planted
on any property which is governed by this article may continue to
exist, even if they become a hazard. However, if now-existing or hereafter-planted
trees become a hazard, the airport may apply to the Township Zoning
Officer for permission to temporarily enter upon the property on which
such trees are located for the sole purpose of causing such tree or
trees to be properly trimmed to a height which would not constitute
a hazard, but the tree shall not be trimmed to a height below that
height at which the tree stood at the time of passage of this article.
The trimming shall only be conducted by an arborist who is acceptable
to the Township and the property owner. Prior to entering on the property
where such trees are located, the person performing the trimming operation
shall deliver to the Township Zoning Officer proof of general liability
insurance coverage in an amount reasonably required by the Township
Zoning Officer. The property owner shall be bound by this provision.
D.
The baseline for nonconforming uses and trees shall be established
by a study performed by the Bureau of Aviation, which study shall
be done within six months following the passage of this article.
The Zoning Officer shall review all building permits to determine
compliance with the regulations of the Airport Zoning Ordinance. Failure
to meet the terms and conditions of this article shall be grounds
for denial of the building permit.
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, and the use of land, or any
other matter, the more stringent limitation or requirement shall govern
and prevail.
If any of the provisions of this article or the application
thereof to any person or circumstances are held invalid, such invalidity
shall not affect other provisions or applications of this article
which can be given effect without the invalid provisions or application,
and, to this end, the provisions of this article are declared to be
severable.
This article shall take effect five days after the date of enactment.
