[HISTORY: Adopted by the Board of Supervisors
of the Township of Birmingham 2-17-1998 by Ord. No. 98-01. (This chapter was
formerly titled "Heliports and Helistops." It was retitled 12-18-2000 by Ord. No. 00-17.) Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated below:
Any aircraft or airplane which does not meet the criteria
for an ultralight airplane as defined in this section and can only
be flown by a pilot who is licensed by the Federal Aviation Administration
(FAA).
[Added 12-18-2000 by Ord. No. 00-17]
The Board of Supervisors of the Township of Birmingham, Chester
County, Pennsylvania.
An area to accommodate all phases of operation of rotor-wing
aircraft (helicopters) with suitable space to allow development of
service facilities as desired.
An area on a roof or on the ground to accommodate touchdown
and lift-off of the rotor-wing aircraft (helicopters) for the purpose
of picking up and discharging passengers or cargo with no service
facilities.
The Township of Birmingham, Chester County, Pennsylvania.
A single seat or double seat powered flying machine which
meets the weight requirements and speed limitations established by
federal aviation regulations and is thus exempt from licensing requirements
imposed by the FAA and can be flown without a pilot's license.
[Added 12-18-2000 by Ord. No. 00-17]
Helistops are a permitted use in any district
in the Township on a parcel of land at least 100 acres, under one
ownership, subject to the following provisions:
A.
The proposed helistop would not be detrimental to
the health, welfare and safety of the Township residents and their
property.
B.
The landing pad must be at least 60 feet square or
a circle with a sixty-foot diameter. This pad must be paved, level
and maintained dirt-free. Rooftop pads shall be free of all loose
stone and aggregate.
C.
There must be a four-foot fence around the helistop,
except for those helistops on a rooftop. The fence shall be located
so as not to obstruct the glide angle of a helicopter using the helistop.
D.
At least two approach lanes to each landing pad shall
be provided and maintained free of obstructions and shall be located
not less than 90º apart. Each approach lane shall be located
within 45º left or right of the prevailing winds and shall fan
out at an angle of 10º from the width of the landing pad to a
width of 1,000 feet and shall have a glide angle slope of eight to
one measured from the outer edge of the pad.
E.
Clear areas for emergency landings of the helicopter
in the event of mechanical failure shall be available. These emergency
landing areas shall be located within the normal glide range of the
helicopter with one engine off when operating in the approved takeoff
or landing lane from the helistop.
F.
An application for a helistop on a roof shall be accompanied
by a certification by a registered engineer that the loads imposed
by the helicopter will be supported by the structure.
G.
No helicopter over 12,000 pounds gross weight shall
be permitted to land at a helistop.
A.
Form of application. The application for a permit
shall be submitted in such form as the Township prescribes and shall
be accompanied by the required fee as established by resolution or
ordinance of the Board.
B.
Contents of application. The application shall contain a detailed description of the property and district where the helistop is proposed and such additional information as may be required to demonstrate compliance with the provisions of § 105-2 above.
C.
Issuance of permit. The Township Fire Marshal shall examine the applications for permits within 30 days of filing. If the application or supporting documentation does not conform to the requirements of § 105-2 above, the Fire Marshal shall reject such application, in writing, stating the reasons therefor. If the Fire Marshal is satisfied that the proposed helistop meets the criteria set forth in § 105-2 and will not be detrimental to the health, safety and welfare of the surrounding property, the Fire Marshal shall issue a permit for a helistop. Such permit shall be for a one-year period of time and must be renewed annually.
D.
Revocation of permit. The Fire Marshal shall revoke a permit or approval issued under Subsection C above in the case of any false statement or misrepresentation of fact in the application or supporting documentation on which the permit or approval was based. If at any time the condition of the approval or any other conditions imposed by the Fire Marshal are violated, the permit may be revoked by the Fire Marshall.
It shall be unlawful for any person to land,
discharge, load or take off in a helicopter any place within the Township
other than at a helistop except:
Heliports are not permitted.
[Added 12-18-2000 by Ord. No. 00-17[1]]
It shall be unlawful for any person to land,
discharge, load or take off in an amateur built aircraft or ultralight
airplane anywhere in the Township except on a parcel of land which
is at least 100 contiguous acres, under one ownership and provided
that such activity is done in accordance with all federal aviation
regulations and would not be detrimental to the health, welfare or
safety of the Township residents.
Any person, partnership or corporation who or
which violates the provision of this chapter shall, upon being liable
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $600, plus all court costs, including reasonable
attorneys' fees incurred by the Township as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the Magisterial District Judge.
Each day that a violation is continued shall constitute a separate
and distinct offense. All fines collected for the violation of this
chapter shall be paid over to the Township.
