[Ord. 8-14-1995, § 2000]
a.
This Part is adopted pursuant to the authority conferred by the Airport
Zoning Act of 1984, P.L. 164, 74 Pa.C.S.A. 5911 et seq., as amended.
It is hereby found that an obstruction has the potential for endangering
the lives and property of users of the Doylestown Airport, located
in Buckingham Township, and property or occupants of land in its vicinity;
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 Doylestown Airport and the public investment
therein. Accordingly, it is declared:
1.
That the creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by Doylestown
Airport;
2.
That it is necessary in the interest of the public health, public
safety and general welfare of persons using Doylestown Airport that
the creation or establishment of obstructions that are a hazard to
air navigation be prevented; and
b.
It is further 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 marking and lighting
of obstructions are public purposes for which a political subdivision
may raise and expend public funds and acquire land or interests in
land.
[Ord. 8-14-1995, § 2001;
as amended by Ord. 2007-04-01, 4/26/2007]
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
Doylestown Airport.
The highest point of the airport's usable landing area measured
in feet from sea level which is 394 feet above mean sea level.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight of aircraft in landing
or taking off at an airport or is otherwise hazardous to the landing
or taking off of air-craft.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided in this chapter.
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 height limitation slope
set forth in this Part. In plan, the perimeter of the approach surface
coincides with the perimeter of the approach zone.
These zones area set forth in this Part.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to 1 for a horizontal distance
of 4,000 feet.
Pennsylvania 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 Part and shown on the airport zone map, the datum
shall be 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 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 non-precision
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 Part.
An individual, firm, partnership, corporation, company, association,
joint stock association or governmental entity, includes a trustee,
a receiver, an assignee or similar representative of any of them.
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 runways or when
the runway has no specially prepared hard surface or planed hard surface,
the primary surface ends at each end of that runway. The width of
the primary surface is set forth in this Part. 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.
For the purposes of this Part, an object, including a mobile
object, constructed or installed by man, including but without limitation,
buildings, towers, cranes, smokestacks, earth formation 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 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 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 the operation of aircraft using
visual approach procedures.
[Ord. 8-14-1995, § 2003;
as amended by Ord. 2007-04-01, 4/26/2007]
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 Doylestown
Airport. Such zones are shown on the Doylestown Airport Zoning Map,[1] dated August 1984, prepared by CKS Engineers, Inc., as
amended, and made a part hereof. An area located in more than one
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 Non-Precision Instrument Approach Surface Zone. Established
beneath the non-precision 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 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 Non-Precision Instrument Approach Surface Zone. Established
beneath the non-precision 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 Non-Precision Instrument Approach Surface Zone. Established beneath
the non-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 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.
g.
Transitional Surface Zones. Established beneath the transitional
surfaces adjacent to each runway and approach surface as indicated
on the Height Limitation and Zoning District Map.
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: The Zoning Map is included as an attachment to this chapter.
[Ord. 8-14-1995, § 2003]
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 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 Non-Precision 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 Non-Precision 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 Non-Precision 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 394 feet above mean
sea level. 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 394 feet above mean sea level.
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 or at a height
of 394 feet above mean sea level.
j.
Excepted Height Limitations. Nothing in this chapter shall be construed
as prohibiting the construction or maintenance of any structure, or
growth of any tree to a height up to 35 feet above the surface of
the land.
[Ord. 8-14-1995, § 2004]
Notwithstanding any other provisions of this chapter, no use
may be made of land or water within any zone established by this chapter
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 the 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.
[Ord. 8-14-1995, § 2005]
a.
Regulations Not Retroactive. The regulations prescribed in this Part
shall not be construed to require the removal, lowering or other recharged
or alteration of any nonconforming structure, or otherwise interfere
with the continuance of a nonconforming structure. Nothing contained
herein shall require any change in the construction, alteration or
intended use of any nonconforming structure, the construction or alteration
of which was begun prior to the effective date of this chapter and
is diligently prosecuted.
b.
Marking and Lighting. Notwithstanding the preceding provision of
this section, the owner of any existing nonconforming structure is
hereby required to permit the installation, operation and maintenance
thereon of such markers and lights as shall be deemed necessary by
the Zoning Officer of New Britain Township, pursuant to guidelines
and regulations adopted by the Federal Aviation Administration of
the United States Department of Transportation, 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 owners of Doylestown
Airport.
[Ord. 8-14-1995, § 2006]
a.
Future Uses. Except as specifically provided in Subsections a.1,
a.2 and a.3 hereunder, no material change shall be made in the use
of land, no new structure or use shall be erected or otherwise established,
and no new tree shall be planted in any zone hereby created unless
a permit therefore 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 the Pennsylvania Municipalities Planning
Code.
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, because of terrain, land contour or topographic features,
would extend above the height limit prescribed for such approach zones.
3.
In the areas lying within the limits of the transitional 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 when such tree or structure, because of terrain,
land contour, or topographic features, would extend above the height
limit prescribed for such transitional zones. 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 height limits established by
this Part.
b.
Existing Uses. No permit shall be granted that would allow the establishment
or creation of an obstruction or permit a nonconforming use 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. Before any nonconforming structure
may be replaced, substantially altered or rebuilt or nonconforming
tree allowed to grow higher or replanted, a permit must be secured
authorizing the replacement or change.
c.
Nonconforming Uses Abandoned or Destroyed. Whenever the Zoning Officer
of New Britain Township determines that a nonconforming use 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 any structure, or increase
the height of any structure, or permit the growth of any tree, or
otherwise use his property in violation of the regulations prescribed
in this chapter, must apply to the Zoning Hearing Board of New Britain
Township for a variance from such regulations. The application for
variance shall be accompanied by a determination from the Federal
Aviation Administration to the effect of the proposal on the operation
of air navigation facilities and the safe, efficient use of navigable
airspace. Such variances may be allowed where it is duly found that
a literal application or enforcement of the regulations will result
in unnecessary hardship and the relief granted will not be contrary
to the public interest, will not create an airport hazard, will do
substantial justice, and will be in accordance with the spirit of
this chapter. Additionally, no application for variance to the requirements
of this chapter may be considered by the Zoning Hearing Board unless
a copy of the application has been furnished to the Owner or Manager
of Doylestown Airport for comments as to the aeronautical effects
of the variance. If the Owner or Manager of Doylestown Airport does
not respond to the application within 15 days after receipt, the Zoning
Hearing Board may act on its own to grant or deny said application.
e.
Obstruction Marking and Lighting. Any permit or variance granted
may, if such action is deemed advisable to effectuate the purpose
of this chapter and reasonable under the circumstances, 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 Doylestown
Airport, at its own expense, to install, operate and maintain the
necessary markings and lights.
f.
Notwithstanding any other provision of law, either the Zoning Officer or the Zoning Hearing Board who may decide to grant a permit or variance under this chapter shall notify the Pennsylvania Department of Transportation of its decision. This notice shall be in writing and shall be sent so as to reach the Department of Transportation at least 10 days before the date upon which the decision is to issue. Nothing in this subsection shall be construed as impairing the rights of any person to judicial review as provided under Part 32 Appeals and Amendments of this chapter.
