The airport zoning regulations contained in
this article are adopted pursuant to the authority conferred by Act
164 of 1984, codified at 74 Pa.C.S.A. § 5101 et seq. It
is hereby determined that an obstruction has a potential for endangering
the lives and property of users of the Butter Valley Golf Port Airport
and property or occupants of land in its vicinity; that an obstruction
may affect existing and future instrument approach minimums of the
Butter Valley Golf Port 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 the
Butter Valley Golf Port Airport and any public investment therein.
Accordingly, the following purposes are the express intent of this
article, addressing the above concerns and supporting the purposes
of this chapter as a whole:
A.
To superimpose upon the district regulations of this
chapter such other restrictions and requirements necessary to assure
the public health, safety and general welfare within the vicinity
of general aviation airports.
B.
To prevent the creation or establishment of an obstruction
which has the potential to be a public nuisance or which may otherwise
injure the region served by the Butter Valley Golf Port Airport.
C.
To prevent the creation or establishment of obstructions
which are a hazard to air navigation by exercise of the municipal
police power to the extent legally possible without compensation.
D.
To declare that the prevention of the creation or
establishment or hazards to air navigation; the elimination, removal,
alteration and mitigation of hazards; and the marking and lighting
of obstructions are public purposes for which the municipality may
legitimately raise and expend public funds and acquire land or interest(s)
in land.
In order to carry out the provisions of this
Airport Overlay District, 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 Butter Valley Golf Port Airport. Such zones are
shown on the Washington Township Height Limitation and Zoning District
Map prepared by the Pennsylvania Department of Transportation, Bureau
of Aviation, and dated Spring 1989, which is hereby made a part of
this article.[1] An area located in more than one of the following zones
shall be regulated in accordance with the most restrictive zone. The
various zones are hereby established and defined as follows:
A.
For utility runways:
(1)
Visual Approach Surface Zone: the area of land 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. The center line of
the zone shall be the continuation of the center line of the runway.
(2)
Nonprecision Instrument Approach Surface Zone: the
area of land 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 5,000 feet from the
primary surface. The center line of the zone shall be the continuation
of the center line of the runway.
B.
For runways larger than utility runways:
(1)
Visual Approach Surface Zone: the area of land 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. The center line of
the zone shall be the continuation of the center line of the runway.
(2)
Nonprecision Instrument Approach Surface Zone where
runway has a visibility minimum greater than 3/4 of a mile: the area
of land 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. The center line of the zone shall be the continuation of
the center line of the runway.
(3)
Nonprecision Instrument Approach Surface Zone where
runway has a visibility minimum as low as 3/4 of a mile: the area
of land 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. The center line of the zone shall be the continuation of
the center line of the runway.
C.
For all runways.
(1)
Precision Instrument Runway Approach Surface Zone:
the area of land 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. The center line of the zone shall be the
continuation of the center line of the runway.
(3)
Horizontal Surface Zone: the area of land beneath
a horizontal surface 150 feet above the established airport elevation.
The perimeter of such surface shall be established by swinging arcs
of 5,000 feet radii from the center of each end of the primary surface
of each runway and connecting adjacent arcs by drawing lines tangent
to those arcs. The horizontal surface zone shall not include the approach
surface zone nor the transitional surface zone.
(4)
Conical Surface Zone: the area of land 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: Said map is on file in the
Township offices.
A.
Except as otherwise provided for 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 and are illustrated in Appendix
D[1] of this chapter:
(1)
For utility runways:
(a)
Visual Approach Surface Zone: beginning at the
end of and at the same elevation as the primary surface, sloping 20
feet horizontally for each foot vertically and extending to a horizontal
distance of 5,000 feet along the extended runway center line.
(b)
Nonprecision Instrument Approach Surface Zone:
beginning at the end of and at the same elevation as the primary surface,
sloping 20 feet horizontally for each foot vertically and extending
to a horizontal distance of 5,000 feet along the extended runway center
line.
(2)
For runways larger than utility runways:
(a)
Visual Approach Surface Zone: beginning at the
end of and at the same elevation as the primary surface, sloping 20
feet horizontally for each foot vertically and extending to a horizontal
distance of 5,000 feet along the extended runway center line.
(b)
Nonprecision Instrument Approach Surface Zone,
where runway has a visibility minimum greater than 3/4 of a mile:
beginning at the end of and at the same elevation as the primary surface,
sloping 34 feet horizontally for each foot vertically and extending
to a horizontal distance of 10,000 feet along the extended runway
center line.
(c)
Nonprecision Instrument Approach Surface Zone,
where runway has a visibility minimum as low as 3/4 of a mile: beginning
at the end of and at the same elevation as the primary surface, sloping
34 feet horizontally for each foot vertically and extending to a horizontal
distance of 10,000 feet along the extended runway center line.
(3)
For all runways:
(a)
Precision Instrument Runway Approach Surface
Zone: beginning at the end of and at the same elevation as the primary
surface, sloping 50 feet horizontally for each foot vertically and
extending to a horizontal distance of 10,000 feet along the extended
runway center line, thence sloping 40 feet horizontally for each foot
vertically to an additional horizontal distance of 40,000 feet along
the extended runway center line.
(b)
Transitional Surface Zone: beginning at the
sides of and at the same elevation as the primary surface and the
approach surface, sloping seven feet horizontally for each foot vertically,
extending to a height of 150 feet above the established airport elevation.
[1]
When an airport has a precision instrument runway
approach zone, there are hereby established height limits sloping
seven feet horizontally for each foot vertically beginning at the
sides of and at the same elevation as the approach surface and extending
to where they intersect the conical surface.
[2]
Where the precision instrument runway approach
zone projects beyond the conical zone, there are hereby established
height limits sloping seven feet horizontally for each foot vertically
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 a 90° angle to the extended runway center line.
(c)
Horizontal Surface Zone: hereby established
at 150 feet above the established airport elevation.
(d)
Conical Surface Zone: beginning at the periphery
of the horizontal surface zone at an elevation of 150 feet above the
established airport elevation and extending therefrom with a slope
of 20 feet horizontally for each foot vertically to an ultimate height
of 350 feet above the established airport elevation.
[1]
Editor's Note: Appendix D is included at the end of this chapter.
B.
Exceptions.
(1)
Nothing in this article shall be interpreted to prohibit
the construction or maintenance of any structure or growth of any
tree to a height of up to 30 feet above the surface of the land bounded
as follows: beginning at that point on the Berks County - Montgomery
County boundary line which intersects the center line of Gehman Road
(T-866), extending therefrom along the county boundary line to the
Washington Township - Hereford Township boundary line, extending therefrom
along the Washington Township - Hereford Township boundary line for
a distance of 3,000 feet, extending therefrom along a line parallel
to the Berks County - Montgomery County border to the center line
of Gehman Road (T-866), and extending therefrom along the center line
of Gehman Road (T-866) to the point of origin.
(2)
Nothing in this article shall be interpreted to prohibit
the construction or maintenance of any structure or growth of any
tree to a height of up to 70 feet above the surface of the land in
an area bounded as follows: beginning at that point on the Washington
Township - Hereford Township line 1,000 feet northwest of the center
line of Route 100 (SR 0100), extending northwestward therefrom along
the Washington Township - Hereford Township line for a distance of
3,000 feet, therefrom extending along a line parallel to Route 100
(SR 0100) to the center line of Crow Hill Road (T-861), extending
generally southward therefrom along the center line of Crow Hill Road
(T-861) to the intersection of such line with the Washington Township
- Bally Borough boundary line, extending generally eastward therefrom
along the Washington Township - Bally Borough boundary line to such
a point 1,000 feet from the center line of Route 100 (SR 0100), extending
therefrom along a line parallel to the center line of Route 100 (SR
0100) to the point of origin.
A.
Reasonableness. All airport zoning regulations adopted
under this article shall be reasonable and shall not impose any requirement
or restriction unless it is reasonably necessary to effectuate the
purposes of this article. In determining what regulations it may adopt,
the Board of Supervisors shall consider, among other factors, the
character of the flying operations expected to be conducted at the
Butter Valley Golf Port Airport or any other airport, public or private,
that may be constructed in the Township at a future date, the nature
of the terrain within the airport hazard area, the character of the
neighborhood and the uses for which the property is adaptable.
B.
Use restrictions. 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, to make it difficult for pilots to distinguish
between airport lights and others, to result in glare in the eyes
of pilots using the airport, to impair visibility in the vicinity
of the airport, to create bird strike hazards or to otherwise in any
way endanger or interfere with the landing, takeoff or maneuvering
of aircraft intending to use the airport.
C.
Regulations not retroactive.
(1)
The regulations prescribed by the 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 chapter or to otherwise interfere with the continuance of any nonconforming use, except as provided in § 131-63, relating to permits, and § 131-64, relating to 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 chapter and is diligently executed.
(2)
Marking and lighting. Notwithstanding the provisions contained in Subsection C(1), 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 Township.
A.
Future uses. Except as specifically provided by this section, 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 created in the Article 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 detail 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 § 131-64.
(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,
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 features, 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 an existing structure.
B.
Existing uses. Before any nonconforming structure
may be replaced, substantially altered or rebuilt or any tree allowed
to grow higher or be replanted, a permit must be secured from the
Township authorizing such 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
chapter or any amendments hereto or than it was 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 be granted that would allow such structure
or tree to exceed the applicable height limit or to otherwise deviate
from this article.
D.
Hazard marking and lighting. In granting any permit
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 as to require the
owner of the structure or object of natural growth in question either
to permit the Township at public expense or to require the person(s)
requesting the permit at their expense to install, operate and maintain
thereon such markers and lights as may be required by the guidelines
or regulations of the Federal Aviation Administration (FAA).
A.
Any person desiring to erect any structure, increase the height of any structure, permit the growth of any object of natural growth or otherwise use his or her property in violation of this article may apply to the Zoning Hearing Board for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of § 131-65 are satisfied. 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. Any variance may be granted subject to any reasonable conditions that the Zoning Hearing Board may deem necessary to effectuate the purposes of this article.
B.
The application for variance shall be accomplished
by a determination from the Federal Aviation Administration 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.
C.
In granting any 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 variance as to require the owner of the structure
or object of natural growth in question either to permit the Township
at public expense or to require the person(s) requesting the permit
at their expense to install, operate and maintain thereon such markers
and lights as may be required by the guidelines or regulations of
the FAA.
A.
Enforcement. It shall be the duty of the Zoning Officer
to administer and enforce the regulations prescribed herein. Applications
for permits and variances shall be made to the Zoning Officer upon
a form published for that purpose. Applications required by this article
to be submitted to the Zoning Officer shall be promptly considered
and granted or denied. Application for action by the Zoning Hearing
Board shall be forthwith transmitted by the Zoning Zoning Officer.
B.
Notice to department. Notwithstanding any other provision
of law, the Zoning Officer or Zoning Hearing Board, whichever the
case may be, shall notify the Department of Transportation of any
decision to grant a permit or variance under this article. This notice
shall be in writing and shall be sent so as to reach the Department
at least 10 days before the date upon which the decision is to issue.
C.
Stay of proceedings. An appeal to the Zoning Hearing
Board shall stay all proceedings in furtherance of the action appealed
from, unless the Township certifies to the Zoning Hearing Board, after
the notice of appeal has been filed with the Board, that by reason
of the facts stated in the certificate, a stay would, in its opinion,
cause imminent peril to life or property. In such cases, proceedings
shall not be stayed otherwise than by order of the Zoning Hearing
Board on notice to the Township.
In any case in which it is desired to remove,
lower or otherwise terminate a nonconforming structure or use or the
approach protection necessary cannot, because of constitutional limitations,
be provided by airport zoning regulations or it appears advisable
that the necessary approach protection be provided by acquisition
of property rights rather than by airport zoning regulations, the
municipality within which the property or nonconforming use is located
or the municipal authority owning the airport or served by it may
acquire by purchase, grant or condemnation, in the manner provided
by the law under which municipalities are authorized to acquire real
property for public purposes, such air right, aviation easement or
other estate or interest in the property or nonconforming structure
or use in question as may be necessary to effectuate the purpose of
this article. In the case of the purchase of any property or any easement
or estate or interest therein or the acquisition thereof by the power
of eminent domain, the municipality making the purchase of exercising
the power shall, in addition to the damages for the taking, injury
or destruction of property, also pay the cost of the removal and relocation
of any structure or any public utility which is required to be moved
to a new location.
In the event of conflict between the airport
zoning regulations contained in this article and any other regulations
contained in this chapter that are applicable to the same area, whether
the conflict is with respect to the height of structures or trees,
the use of land or any other matter and whether the other regulations
were adopted by the Board of Supervisors of Washington Township or
by some other municipality or otherwise, the more stringent limitations
or requirements shall govern and prevail.
