Plumstead Township City Zoning Code

The Airport Area Overlay Zone 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 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 Doylestown Airport and the public investment therein. Accordingly, it is declared:

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 the 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.

Runway Larger Than Utility Visual 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 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.

Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.

Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual and 10,000 feet for all others, 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.

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.

Runway Larger Than Utility Visual 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.

Transitional Zones. Slope 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, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevations the approach surface and extending to where they intersect the conical surface.

Horizontal Zone. Established at 150 feet above the airport elevation or at a height of 394 feet above mean sea level.

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.

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.

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.

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 Plumstead 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.

Future Uses. Except as specifically provided in Subsection (1), (2) and (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 Part 29.

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.

Nonconforming Use Replaced, Altered or Rebuilt. 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.

Nonconforming Uses Abandoned or Destroyed. Whenever the Zoning Officer of Plumstead 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.

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 Plumstead Township for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administrations 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.

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.

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.