Manchester Township York County
City Zoning Code
City Zoning Code
PART 10A
AIRPORT HAZARD OVERLAY DISTRICT
§ 27-10A01 General Provisions.
[Ord. 1996-1, 1/23/1996; as added by Ord. 2010-11, 10/12/2010, § 2]
1.
Purpose.
A.
The purpose of these provisions is to limit the height of any structure or vegetation so as not to obstruct the airspace of any airport that has been determined to be located so that the airport's overlay zones as determined by the Federal Aviation Administration (FAA) fall onto lands within Manchester Township.
B.
Mandated by Pennsylvania Law, Act 1984-64, Airport Zoning Act, 74 Pa.C.S.A. § 5911 et seq.
2.
Applicability.
A.
These provisions shall apply to all lands of Manchester Township that have been determined to be within 9,000 feet of the Lazy B Ranch airport located along the east side of Bull Road in Conewago Township at Latitude = 40° 01'21- 346", Longitude = -76° 48' 59-890".
B.
These provisions shall be an overlay and shall not affect the primary function or provisions of existing, underlying zoning districts.
3.
Compliance.
A.
Notwithstanding any height regulation dictated by the underlying zoning district.
(1)
No structure maybe constructed to a height greater than 100 feet from ground level or to a height, with a final elevation of or greater than 650 feet above sea level.
(2)
No vegetation, tree or bush maybe permitted to grow to a height with a top elevation of 150 feet or more above the airport runway elevation.
(3)
Any structure that exists within the airport hazard area on the date of enactment of this section shall be considered an existing structure.
4.
Abrogation and Greater Restrictions. Any other provisions of the Code of Ordinances of Manchester Township shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any provisions of this chapter, the more restrictive shall apply.
5.
Disclaimer of Liability. This chapter shall not create liability on Manchester Township or any officer or employee thereof from any damage that results from reliance on this chapter or any administrative decision lawfully made thereunder.
§ 27-10A02 Permit Applications.
[Ord. 1996-1, 1/23/1996; as added by Ord. 2010-11, 10/12/2010, § 2]
1.
As regulated by Act 164 and defined by 14 CFR, Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made) that is greater than 100 feet above the existing ground elevation or with a final elevation of or greater than 650 feet above sea level, in the vicinity of the airport, shall first notify the Pennsylvania Department of Transportation's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The BOA response must be included with the building permit application as required in Chapter 4 of the Manchester Township Code of Ordinances for the application to be considered complete.
A.
If the Pennsylvania Department of Transportation's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this Part.
§ 27-10A03 Variance.
[Ord. 1996-1, 1/23/1996; as added by Ord. 2010-11, 10/12/2010, § 2]
1.
Any request for a variance shall include documentation in compliance with 14 CFR, Part 77, Subpart B (FAA Form 7460-1 as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Pennsylvania Department of Transportation's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
A.
No Objection. The subject construction is determined not to exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination a variance shall be granted.
B.
Conditional Determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area, which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in § 27-10A06, "Obstruction Marking and Lighting."
C.
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant. Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this Part.
§ 27-10A04 Use Restrictions.
[Ord. 1996-1, 1/23/1996; as added by Ord. 2010-11, 10/12/2010, § 2]
Notwithstanding any other provisions of this Part, no use shall be made of land or water within the Airport District Overlay in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the airport.
§ 27-10A05 Pre-existing Non-conforming Uses.
[Ord. 1996-1, 1/23/1996; as added by Ord. 2010-11, 10/12/2010, § 2]
1.
The regulations prescribed by this chapter 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 Part, or otherwise interfere with the continuance of a non-conforming use.
A.
No non-conforming use shall be structurally altered or permitted to grow higher, so as to increase the non-conformity, and a non-conforming use, once substantially abated (subject to the underlying zoning ordinance), may only be reestablished consistent with the provisions herein.
§ 27-10A06 Obstruction Marking and Lighting.
[Ord. 1996-1, 1/23/1996; as added by Ord. 2010-11, 10/12/2010, § 2]
Any permit or variance granted pursuant to the provisions of this Part may be conditioned according to the process described in § 27-10A03 to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.