Permits and variances.
A. Future uses. No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established in any zone hereby created unless granted a permit.
(1) A permit for a tree or structure of less than 75 feet of vertical height above the ground is not required in the horizontal zones or in any approach zones beyond a horizontal distance of 4,200 feet from each end of the runway except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit for the respective zone.
(2) Each applicant for a building permit, or a permit to alter or change an existing structure, shall indicate the purpose(s) for which the permit is desired. Said application shall help determine whether the resulting use, structure or tree would conform to the regulations of this article. The fee for the permit shall be in an amount equal to the existing charges for a building permit.
See
Building Permit Application and
Forms, Permits and Fees for more information.
(3) The applicant shall submit:
(a) Plans, topographic surveys, drawings, blueprints and the like necessary to ascertain the height of any proposed building or structure.
(b) Certification from a professional engineer registered in Pennsylvania stating that they have reviewed the applicant's specifications to ensure that the proposed use does not violate applicable standards.
B. Existing uses. No permit shall be granted that establishes or creates an airport hazard or permits a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the adoption of this article or than it is when the application for a permit is made.
C. Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property in violation of this article, may apply to the Zoning Hearing Board a variance from such regulations. Such variances shall be allowed if it is found that enforcement of the regulations would result in difficulty or unnecessary hardship. The variance is subject to any reasonable conditions that the Zoning Hearing Board may deem necessary to achieve the purposes of this article. In addition, the applicant shall notify the Pennsylvania Department of Transportation of its intent to apply for a variance. Notification shall be in written form and sent to the Department at least 10 days before the application is to be submitted.
D. Hazard marking and lighting. Any permit or variance granted may be conditioned to require the owner of the structure or tree in question to permit New Garden Township, at its own expense, to install, operate, and maintain markers and lights necessary to indicate to pilots the presence of an airport hazard.
