Richland Township City Zoning Code
PART 7
AIRPORT ZONING OVERLAY DISTRICT
§ 27-701 General Definitions.
[Ord. 263, 3/9/2015]
The following definitions shall supplement the definitions in Part 2 of the ordinance codified in this Part and shall apply to the requirements and standards of this Part 7.
The highest point of an airport’s useable landing area measured in feet above sea level.
Any structure or object, natural or manmade, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa. C.S.A. §5102.
Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this Part 7 and the Pennsylvania Aviation Code (74 Pa. C.S.A 5101 et seq.).
An imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Part 77 Surface Areas Diagram, is derived from the approach surface.
The zones established by §27-702 of this Chapter.
Pennsylvania Department of Transportation Bureau of Aviation.
An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one-foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Part 77 Surface Areas Diagram, is based on the conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States 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 7 and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
An imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Part 77 Surface Areas Diagram, is derived from the horizontal surface.
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 by this Part 7.
A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
An imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The primary surface zone, as shown on Part 77 Surface Areas Diagram, is derived from the primary surface.
A defined area of an airport prepared for landing and takeoff of aircraft along its length.
An object, including a mobile object, constructed or installed by man, including but without limitation buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.
An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone, as shown on Part 77 Surface Areas Diagram, is derived from the transitional surface.
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.
§ 27-702 Establishment of Airport Zones.
[Ord. 263, 3/9/2015]
1.
Generally. There are hereby created and established certain zones within the Airport Overlay District, as defined in §27-701 and depicted on Part 77 Surface Areas Diagram, which include:
§ 27-703 Airport Zone Height Limitations.
[Ord. 263, 3/9/2015]
1.
Generally. Except as otherwise provided in this Part 7, no use shall be permitted and no structure shall be erected, altered or maintained and no tree shall be allowed to grow in any zone created by this Part 7 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 created by this Part 7 as follows:
A.
Utility Runway 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 centerline.
B.
Utility Runway Nonprecision Instrument 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 centerline.
C.
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 which is 526 feet above mean sea level for the Quakertown Airport and 568 feet above mean sea level for the Pennridge Airport. In addition to the foregoing, 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.
D.
Horizontal Zone. Established 150 feet above the airport elevation or to a height of 676 feet above mean sea level for the Quakertown Airport and 718 feet above mean sea level for the Pennridge Airport.
E.
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.
§ 27-704 Use Restrictions.
[Ord. 263, 3/9/2015]
Notwithstanding any other provisions of this Part 7, no use may be made of land or water within any zone established by this Part 7 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 other lights, 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.
§ 27-705 Nonconforming Uses.
[Ord. 263, 3/9/2015]
1.
Preexisting Nonconforming Uses. The regulations prescribed by this Part 7 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 7, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered so as to increase the nonconformity, and a nonconforming use, once substantially abated, may only be reestablished consistent with the provisions of Part 8 of this Zoning Ordinance.
2.
Marking and Lighting. Notwithstanding the preceding provisions 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 markers and lights as shall be deemed necessary by the Bucks County Airport Authority 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 Bucks County Airport Authority.
§ 27-706 Permits.
[Ord. 263, 3/9/2015]
1.
Future Uses. Except as provided in Subsections A, B and C hereunder, 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 hereby created unless a permit therefor shall have been applied for and granted by the Township Zoning Officer. 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. The Zoning Officer shall review each application for compliance with this Part 7 and any other applicable provisions of the Zoning Ordinance. If the Zoning Officer makes such a determination in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this Part 7 shall be granted unless a variance has been approved in accordance with the applicable provisions of this Part 7 and the Township’s Zoning Ordinance. Nothing contained in any of the following 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 Part 7 or the Richland Township Zoning Ordinance.
A.
In the area laying 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 limit prescribed for such zones.
B.
In areas laying 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 laying within the limits of the transition 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 transition zones.
2.
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 Part 7 or any amendments thereto or than it was when the application for a permit was made.
3.
Nonconforming Uses Abandoned or Destroyed. Whenever the Board of Supervisors of Richland Township 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 the structure or tree to extend above the applicable height limit or otherwise deviate from the zoning regulations.
4.
Variances. Any person desiring to erect or increase the height of any structure or permit the growth of any tree, or use of property not in accordance with the regulations prescribed in this Part 7, may apply to the Zoning Hearing Board for a variance from such regulation(s). The application for a variance shall be accompanied 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 air space. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in an unnecessary hardship and that the relief requested will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial injustice, and will be in accordance with the spirit of this Part 7. Additionally, no application for a variance to the requirements of this Part 7 may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the Airport Manager, if any, the Chairman of the Bucks County Airport Authority, and the owner of the real estate on which the airport is located for advice as to aeronautical effects of the variance request. If the Airport Manager, if any, the Chairman of the Bucks County Airport Authority, and the owner of the real estate on which the airport is located do not respond to the notice of the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny the application based upon the standards set forth in this Part 7 and the applicable provisions of the Municipalities Planning Code.
5.
Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Part 7 and is 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.
§ 27-707 Enforcement.
[Ord. 263, 3/9/2015]
It shall be the duty of the Zoning Officer of Richland Township to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Zoning Officer of Richland Township upon the form so established by the Township. Applications required by this Part 7 to be submitted to the Zoning Officer shall be promptly considered.
§ 27-708 Notification.
[Ord. 263, 3/9/2015]
If required by the Airport Zoning Act, or other applicable statute of this Commonwealth, the Zoning Officer and the Zoning Hearing Board, after the issuance of a written decision permitting or granting a variance hereunder, shall notify the Pennsylvania Department of Transportation of its decision. Such 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 issued.