[Added 6-14-1983 by Ord. No. 2-1983]
This article is adopted pursuant to the authority
conferred by the Airport Zoning Act, Act of April 17, 1945, P.L. 237,
as amended.[1] It is hereby found that obstructions have the potential
for endangering the lives and property of users of the existing airport
located in the Township and property or occupants of land in its vicinity;
that obstructions may affect existing and future instrument-approach
minimums of the airport; and that obstructions may reduce the size
of areas available for landing, takeoff and maneuvering of aircraft,
thereby creating a danger to the health, safety and general welfare
of the users thereof and the property or occupants of land in the
vicinity thereof. Accordingly, it is declared that:
A.
The creation or establishment of an obstruction has
the potential of being a public danger or nuisance;
B.
It is necessary in the interest of the public health,
safety and general welfare that the creation or establishment of obstructions
that are a hazard to air navigation be prevented; and
C.
The prevention of these obstructions should be accomplished,
to the extent legally permissible, by the exercise of the police power
without compensation.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5911
et seq.
For the purpose of this article, the terms used
herein are defined as follows:
See "commercial airport" per § 84-8.
The highest point of an airport's usable landing area measured
in feet from sea level, which is 465 feet.
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 zone height limitation slope set forth in § 84-111 of this article. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones as set forth in § 84-110 of this article.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20:1 for a horizontal distance
of 4,000 feet.
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 Zoning 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 having an existing instrument-approach procedure
utilizing air navigation facilities with only horizontal guidance
or having 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 § 84-111 of this article.
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; when the runway has no specially
prepared hard surface or planned hard surface, the primary surface
ends at each end of that runway. The width of the primary surface
is 500 feet. 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 in an airport prepared for landing and takeoff
of aircraft along its length.
As defined in § 84-8, but also to include any object, including a mobile or immobile 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 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.
Any object of natural growth.
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 shall be depicted on an Airport Zoning Map
to consist of one sheet and to be adopted as part of and on the effective
date of this article. Such map shall be attached to the Township Zoning
Map and become a part thereof. In addition, those areas designated
as airport zones may also, in addition or substitution, be shown on
the Township Zoning Map. 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.
Nonprecision Instrument Runway 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 5,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
B.
Transitional Zones. The Transitional Zones are the
areas beneath the transitional surfaces.
C.
Horizontal Zone. The Horizontal Zone is established
by swinging arcs of five-thousand-foot 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.
D.
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.
A.
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:
(1)
Nonprecision Instrument Runway 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.
(2)
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, except that a building
may be constructed within the Transitional Zone to a maximum height
of up to 50 feet (subject to the height limitations imposed by other
provisions of this chapter with respect to the permitted height of
buildings in any zoning district, which provisions shall apply) as
provided in Subsection E of this section. In addition to the foregoing,
there are established height limits sloping seven feet outward for
each foot upward beginning at the side of and at the same elevation
as the approach surface and extending to where they intersect the
conical surface, which is 465 feet above mean sea level.
(3)
Horizontal Zone: established at 150 feet above the
airport elevation or at a height of 615 feet above the mean sea level.
(4)
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.
B.
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 a height up to 50 feet above
the surface of the land, except within the primary surface area, where
no permanent structure or tree shall be permitted above the elevation
of the primary surface, subject to the other applicable height regulations
of this chapter for the applicable zoning district.
Notwithstanding any of the other provisions
of this chapter, no use may be made of land or water within any zone
established by this article in such 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 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 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.
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 marker and lights as shall be deemed
necessary 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 West Goshen Township.
A.
Future uses.
(1)
Except as specifically provided in Subsection A(1)(a), (b) and (c) hereunder, no material change shall be made in the use of land, no structure shall be erected, altered, extended or otherwise established and no tree shall be planted in any zone hereby created unless a permit there for shall have been applied for and granted. Each application for a permit shall indicate 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, subject to the other requirements and conditions of this chapter. 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 of this section.
(a)
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.
(b)
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.
(c)
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.
B.
Existing uses. 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. The extension, restoration, cessation or abandonment of nonconforming trees or structures shall be governed by the nonconforming use regulations set forth in Article XV of this chapter; provided, however, that no permit shall be granted that would permit such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations provided for in this article.
D.
Variances. Any person who desires to erect or increase
the height of any structure or permit the growth of any tree or use
property in a manner which is not in strict accordance with the regulations
prescribed in this article must apply to the Zoning Hearing Board
for a variance from such regulations. The application for a variance
shall be accompanied by a determination made by the Federal Aviation
Administration of the affect of the proposal on the operation of air
navigation facilities and the safe, efficient use of navigable air
space within the area affected by this article. Such variances shall
be allowed where it is duly found that a literal application or enforcement
of the regulations will result in unnecessary hardship and that the
relief granted will not jeopardize the public health, safety and general
welfare or create a hazard to air navigation.
E.
Obstruction marking and lighting. Any permit or variance
granted may, if such action is deemed advisable to effectuate the
purpose of this article, be so conditioned as to require the owner
of the structure, tree or other obstruction 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
Township, at its expense, to install, operate and maintain the necessary
markings and lights.
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 or the use of
land or any other matter, the more stringent limitation or requirement
shall govern and prevail.
If any section, subsection, paragraph, sentence,
clause or phrase of this article should be declared invalid by a court
of competent jurisdiction for any reason whatsoever, such declaration
shall not affect the remaining portions of this article which shall
remain in full force and effect. To that end, the provisions of this
article are hereby declared to be severable.
