West Brandywine Township
City Zoning Code
City Zoning Code
ARTICLE XIIIA
Airport District Overlay
§ 200-76.1 Purpose.
The purpose of this article is to create an airport district overlay that considers safety issues around the Chester County G.O. Carlson Airport, regulates and restricts the heights of constructed structures and objects of natural growth, creates appropriate zones, establishes the boundaries thereof and provides for changes in the restrictions and boundaries of such zones, creates the permitting process for use within said zones and provides for enforcement, assessment of violation and penalties, an appeals process, and judicial review.
§ 200-76.2 Establishment of Airport District Overlay.
The boundaries of the Airport District Overlay shall be as indicated on the Airport District Overlay Map, adopted as an addendum to the Zoning Map of West Brandywine Township. A true and correct copy of the Airport District Overlay Map is attached hereto and incorporated herein as Exhibit A.[1]
[1]
Editor's Note: Said map is on file in the Township offies.
§ 200-76.3 Relation to other zoned districts.
The Airport District Overlay shall not modify the boundaries of any underlying zoning district. Where identified, the Airport District Overlay shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district. All applicable regulations of the underlying zoning district(s) shall apply to any lands, structures, or uses located within the Airport District Overlay.
§ 200-76.4 Definitions.
§ 200-76.5 Establishment of Airport Zones.
There are hereby created and established certain zones within the Airport District Overlay, defined in § 200-76.3 and depicted on Figure 1,[1] and illustrated on the Chester County G.O. Carlson Airport Hazard Area Map, hereby adopted as part of this article, which include:
A.
Approach Surface Zone.
B.
Conical Surface Zone.
C.
Horizontal Surface Zone.
D.
Primary Surface Zone.
E.
Transitional Surface Zone.
[1]
Editor's Note: Said Figure 1 is on file in the Township offices.
§ 200-76.6 Use restrictions.
Notwithstanding any other provisions of this article, no use may 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 in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the Chester County G.O. Carlson Airport.
§ 200-76.7 Preexisting nonconforming uses.
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 lawful nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying Township Zoning Ordinance), may only be reestablished consistent with the provisions herein.
§ 200-76.8 Permit applications.
A.
As regulated by Act 164 of 1984 and defined by 14 CFR 77.13(a) (as amended or replaced), any person who plans to erect a new structure, or add to an existing structure, or erect and maintain any object (natural or manmade), within the Airport District Overlay established herein, shall first notify the Department'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 the commencement thereof.
B.
The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this Overlay article. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 200-76.8.
C.
No permittee shall be required to make maintenance repairs to or to replace parts of existing structures that do not enlarge or increase the height of an existing structure.
§ 200-76.9 Variance.
A.
Any request for a variance shall include the 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 determination made by the FAA and the Department'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:
(1)
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.
(2)
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 § 200-76.9, Obstruction marking and lighting.
(3)
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.
B.
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 article.
§ 200-76.10 Obstructions marking and lighting.
Any permit or variance granted pursuant to the provisions of this article may be conditioned according to the process described in § 200-76.8 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.
§ 200-76.11 Appeals.
§ 200-76.12 Violations and penalties.
§ 200-76.13 Conflicting regulation.
Where a conflict exists between any of the regulations or limitations prescribed in this article and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.