July 2017 Pennridge Development Enterprises filed an appeal to the Bucks County Court of Common Pleas.
BEFORE THE EAST ROCKHILL TOWNSHIP BOARD OF SUPERVISORS –
CONDITIONAL USE APPLICATION OF PENNRIDGE DEVELOPMENT ENTERPRISES, INC.
On January 25, 2017, Pennridge Development Enterprises, Inc., (the “Applicant”) filed a conditional use application for its property located at 1100 North Ridge Road in East Rockhill Township requesting approval to construct two new aircraft hangar buildings (the “Application”). The Board of Supervisors of East Rockhill Township held a public hearing on the Application on March 21, 2017, April 18, 2017, and May 16, 2017. At the hearing, the Applicant was represented by Robert Gundlach, Esquire. The solicitor for the Board of Supervisors, Patrick M. Armstrong, Esquire, was also present at the hearing. A stenographic record of the hearing was taken by Veritext Legal Solutions. The March 21, 2017 hearing was advertised in the February 28, 2017 and March 7, 2017 editions of The Intelligencer. The April 18, 2017 hearing was advertised in the April 5, 2017 and April 11, 2017 editions of The Intelligencer. The May 16, 2017 hearing was announced at the April 18, 2017 public hearing. Copies of the proofs of publication are on file at the offices of East Rockhill Township.
Pursuant to the Pennsylvania Municipalities Planning Code and Section 27-2207 of the East Rockhill Township Zoning Ordinance, the Board of Supervisors of East Rockhill Township held a public hearing on the Application to add two new aircraft hangar buildings to the Applicant’s above-referenced property. Supervisors David Nyman, Gary Volovnik and James Nietupsky were in attendance. The Applicant was represented by Robert Gundlach, Esquire, and Keith Ottes, PE, the Applicant’s Engineer, Robert Brink, the Applicant’s President, and Jean Curry, the Pennridge Airport Manager, all testified at the hearing on behalf of the Applicant.
The following exhibits were admitted into evidence:
T-1 Applicant’s Conditional Use Application
T-2 Legal Notice for March 21, 2017 public hearing
T-3 Affidavit of Posting
T-4 February 13, 2017 correspondence from Township Solicitor to Township Secretary/Manager regarding public notice for hearing
T-5 Correspondence from Township Solicitor to Intelligencer
T-6 Proof of Publication from Intelligencer for March 21, 2017 public hearing
T-7 March 3, 2017 correspondence from Township Manager to Board of Supervisors with PC recommendations
T-8 February 17, 2004 Conditional Use Adjudication
T-9 February 23, 2017 Township Engineer Review Letter
T-10 Proof of Publication from Intelligencer for April 18, 2017 public hearing
T-11 April 18, 2017 Township Engineer Review Letter
A-1 Aerial Plan dated March 20, 2017
A-2 Sheets 2 and 3 of Land Development Plan dated March 17, 2017
A-3 3D rendering of proposed Hangars
A-4 March 17, 2017 correspondence to Township from Keith Ottes, PE at Langan
A-5 March 21, 2017 correspondence to Township from Robert Gundlach, Esq.
A-6 Charts showing Airport flight history
A-7 March 18, 2017 correspondence to Township from Fire Chief
A-8 News Article regarding vandalism at airport
A-9 April 18, 2017 correspondence from Robert Gundlach, Esq.
A-10 Revised Land Development Plan dated March 17, 2017
A-11 April 18, 2017 correspondence from Keith Ottes, PE at Langan
A-12 May 15, 2017 correspondence from Keith Ottes, PE at Langan
A-13 Land Development Plan with a revised date of May 15, 2017
A-14 Notices of Proposed Construction or Alteration for Airport
A-15 May 10, 2017 correspondence from Michael Churchill, PE from McFarland Johnson
A-16 Applicant’s Airport License
A-17 May 8, 2017 correspondence from Frank Kulka, Airport Planning Consultant
II. FINDINGS OF FACT.
1. The Applicant owns the property located at 1100 North Ridge Road, Perkasie, Pennsylvania and further described as Bucks County Tax Map Parcel Nos. 12-9-149 and 12-9-132-1 (“Property”).
2. The Applicant filed the above-referenced Conditional Use Application with the Township of Each Rockhill (“Township”) on or about January 25, 2017.
3. The Applicant is requesting approval from the Township to proceed with the construction of two new airplane hangar buildings on the Property.
4. The Township opened the public hearing on the Application on March 21, 2017.
5. Rob Brink (“Brink”) is the president of Pennridge Development Enterprises, Inc. which owns the Property and Pennridge Airport, and testified at the public hearing for the Application.
6. Keith Ottes (“Ottes”) is a licensed professional engineer with Langan Engineering and testified at the hearing on behalf of the Applicant.
7. The Property is currently used as an airport with three (3) existing hangar buildings and twenty one (21) tie-downs for airplanes.
8. A tie-down is a concrete structure with a pole that an airplane can be tied to in order to park and secure the plane.
9. The Property is currently zoned I-1 Industrial and is being used as an airport, and in particular the Pennridge Airport.
10. One of the new hangar buildings is proposed to be approximately 32,000 square feet in size and the other new hangar building is proposed to be 32,400 square feet in size.
11. The hangar building proposed closest to the runway is 400 feet by 80 feet, and the hangar building proposed furthest from the runway is 360 feet by 90 feet.
12. The two new hangar buildings are proposed to be located in the same general area as the existing hangar buildings on the Property.
13. The Applicant is required to secure land development approval before proceeding with the construction of the proposed two new hangar buildings.
14. Ottes testified that the proposed hangar buildings will be used as part of the existing airport use and are therefore consistent with the East Rockhill Township Comprehensive Plan.
15. The two new hangar buildings are proposed to be located in an area along the runway to make it easy for airplanes to go to and from the runway.
16. Ottes testified that the two new hangar buildings will not adversely impact traffic on Township roads.
17. There may be some additional traffic for individuals that lease space within the proposed hangar buildings, but no significant increase in traffic is expected.
18. The proposed hangar buildings will need to comply with the area, dimensional coverage, buffering, and impervious surface requirements of the East Rockhill Township Zoning Ordinance.
19. The proposed hangar buildings will need to secure approval from the FAA and Penn DOT Bureau of Aviation.
20. The Applicant has not proposed to change the existing buffers at the Property as part of the instant Application.
21. Ottes testified that the current off street parking at the Property is sufficient for the proposed new hangar buildings and that there is no additional parking needed at this time.
22. The existing parking lot near the proposed hangar buildings contains approximately 40 parking spaces and Ottes testified that no additional parking spaces are needed for the proposed hangar buildings.
23. The area of the hangar building proposed closest to the runway is currently paved with twenty one (21) tie-downs.
24. Ottes testified that he has observed more than one (1) plane but no more than ten planes secured at the tie-down location at any given time.
25. The location of the hangar building proposed further away from the runway is currently a pervious surface and will need to be converted to impervious when constructing the proposed hangar building.
26. Ottes testified that there is a significant amount of residential properties surrounding the Applicant’s Property.
27. Ottes was not able to testify to the potential nuisance impacts from the airplanes that will be using the proposed hangar buildings.
28. Ottes was not able to testify to the noise standards associated with the airplanes that will be using the proposed hangar buildings.
29. Ottes was not able to testify to the anticipated vibrations from the airplanes that will be using the proposed hangar buildings.
30. Ottes testified that he is unaware of any benefit to the Township, community, and/or public welfare from the proposed hangar buildings, other than being able to house the airplanes inside.
31. Ottes testified that the Township Engineer suggested the Applicant increase the buffering behind the proposed hangar buildings furthest from the runway to the North.
32. Ottes testified that the existing stormwater basin on the Property is proposed to be modified to increase the volume, add more plantings and water quality features, and to comply with other applicable stormwater management requirements.
33. Ottes testified that the proposed hangar buildings will be within the permitted impervious surface and building coverage restrictions of the East Rockhill Township Zoning Ordinance.
34. Ottes testified that there are no other industrial uses proposed at the Property.
35. Ottes testified that the proposed hangar buildings will be no more than 29 feet high.
36. The Applicant has not proposed additional noise abatement measures as part of the Application.
37. The two separate parcels identified as the Property are proposed to be combined into one parcel within East Rockhill Township, which shall be subject to the Township’s approval after reviewing the requisite land development and lot consolidation plan.
38. The proposed hangar buildings will house airplanes and small offices for the tenants.
39. The hangar buildings are proposed to connect to the public sanitary sewer and water systems.
40. Brink testified that the current Pennridge Airport consists of a main office, fuel farm, and hangars with resident planes and transient planes.
41. Brink testified that any plane that meets the runway requirements can fly in and out of the Pennridge Airport.
42. A resident plane is an airplane owned by an individual that houses the plane at the Pennridge Airport.
43. Brink testified that there are currently three jets housed at the Pennridge Airport, two of them being Citation CJ Fours and the other being a Citation Excel.
44. Brink testified that there is a long list of smaller propeller planes that are housed at the Pennridge Airport as well.
45. Brink testified that the Pennridge Airport is generally used by general aviation users, flight school users, sky diving users, and corporate plane users.
46. The Pennridge Airport is regulated by the FAA and Penn DOT, Bureau of Aviation.
47. Brink testified that the two buildings being proposed will actually have multiple hangars inside and be able to house more than one plane each.
48. Brink testified that the one hangar building is proposed to house four (4) planes and the other hangar building is proposed to house five (5) planes, for a total of nine (9) planes.
49. Brink testified that the two proposed buildings will likely be broken up into nine (9) different airplane hangars.
50. Brink testified that if smaller planes are going to be housed in the new buildings, then the number of hangars may actually increase because you can fit more of the smaller planes inside the proposed hangar buildings.
51. Brink testified that they plan to lease the new hangars, not sell them.
52. Brink testified that he thinks about forty (40) airplanes are parked at the Pennridge Airport on any given day, with three (3) to six (6) being parked at the tie-downs.
53. Brink testified that the plan is to remove all but three (3) of the tie-downs.
54. Brink testified that normally the owners of the airplanes park their vehicles inside the hangars.
55. Brink testified that the proposed hangars will have small offices and will be serviced by sewer, water, electric, internet, etc.
56. Brink testified that the length of the runway governs the size of the planes that can use the airport.
57. Brink testified that there is no plan to extend the runway at the Pennridge Airport.
58. Brink testified that the vast majority of takeoffs and landings take place between the hours of 8:00 a.m. and 8:00 p.m.
59. Brink testified that the approximate number of takeoffs and landings at the Pennridge Airport for the year is around 887, which excludes those takeoffs and landings from the skydiving and flight school.
60. Brink testified that the Applicant is agreeable to installing a new fire hydrant at the Property.
61. Brink testified that the Applicant is agreeable to storing fire-fighting foam at the Pennridge Airport in a manner and form acceptable to industry standards and that the Applicant will make it part of the emergency response plan with the fire department.
62. Brink confirmed that there are very few airplanes taking off and/or landing before 7:00 a.m. or after 10:00 p.m.
63. Brink does not believe extending the runway is possible or economically feasible.
64. Brink testified that he believes the planes that will use the proposed new hangar buildings will be similar to the airplanes that are currently using the existing hangars at the Pennridge Airport.
65. Brink testified that the Pennridge Airport has performed sound measurements in the past and agreed that the airport could do that again to ensure compliance with the Township’s noise regulations.
66. Brink testified that the flight data that he testified to was from Flight Aware which only tracks flights that file flight plans.
67. Not all flights file a flight plan to be tracked by Flight Aware.
68. The larger proposed hangar building is designed for planes with a wing span of up to 80 feet and the smaller hangar building is designed for planes with a wing span of 70 feet.
69. Brink testified that the proposed hangar buildings may be used by jets or planes, but that jets are the more likely tenant given the clientele involved.
70. Brink is not a pilot.
71. Aside from being the Applicant’s President, Brink has no background, education, or experience in operating an airport.
72. Brink agreed that the Applicant could have a policy that its resident members agree to not take off or land before 7:00 a.m., with some exceptions, as part of the lease agreement going forward.
73. Brink created a document showing the number of flights at the Pennridge Airport between March 2017 and April 2017 and attached that document to Exhibit A-9.
74. Brink testified that Carson Helicopter informed the Applicant that Carson Helicopter flies between 8:00 a.m. and 5 p.m. on weekdays, and between 9:00 a.m. and 5:00 p.m. on the weekends.
75. Brink testified that the newer jets are quieter than the older jets.
76. Brink testified that on peak hours, the parking lot is still only about half full with about 19 parked vehicles.
77. Brink testified that during off peak hours, there is an average of three (3) or four (4) cars parked at the Property.
78. Brink testified that there are currently three (3) resident jets at the Pennridge Airport.
79. McFarland Johnson is the aviation engineering firm that the Applicant uses, but the Applicant did not present its aviation consultant to testify for this Application.
80. Brink testified that the Applicant will ask its customers to not leave too early and to be mindful of the neighbors of the Pennridge Airport.
81. Jean Curry (“Curry”) is the current Pennridge Airport Manager and also testified at the hearing on behalf of the Applicant.
82. Curry is generally at the Pennridge Airport on a daily basis, from 8:00 a.m. until 4:30/5:00 p.m.
83. Curry prepared the flight tracking chart attached to Exhibit A-9.
84. Curry testified that all the owners of the resident airplanes that use the existing hangars park their vehicles inside the hangar buildings.
85. Curry testified that the Pennridge Airport has tried to keep track of planes landing at the airport in the past.
86. Although someone from the Pennridge Airport needs to be there in order to toe the plane before it can take off, no one is typically at the Pennridge Airport tracking flights before Curry arrives in the morning at or about 8:00 a.m.
87. Curry testified that there are about 44 resident airplanes at the Pennridge Airport.
88. Curry testified that she has received complaints from the neighboring property owners about the noise from the airplanes.
89. Curry is not aware of the FAA noise regulations.
90. Ottes testified that the Applicant will be buffering the Property to the rear of the hangar building furthest from the runway to the north.
91. Ottes is not an aviation engineer and needed to seek guidance from McFarland Johnson for aviation issues in relation to the Application.
92. Ottes testified that the Applicant needs to secure approvals from Penn DOT Bureau of Aviation before proceeding with the proposed hangar buildings.
93. Sheet LP-101 of Exhibit A-10 depicts the proposed buffer plantings associated with the Application.
94. Ottes testified that there is an ability to increase the buffering associated with the Application.
95. Greg Elko (“Elko”) is an engineer with Langan Engineering and he is involved with the Applicant’s land development plan application with the Township.
96. Elko testified that Exhibit A-13 is the last revised land development plan for the proposed hangar buildings and is dated May 15, 2017.
97. Elko testified that he does not disagree with anything in the letter marked as Exhibit A-17.
98. Brink testified that there are security concerns at the Property and the Pennridge Airport and that the Property recently experienced vandalism.
99. There were numerous residents in attendance at the hearings that complained about the noise from the Pennridge Airport.
100. Most of the residents in attendance at the hearing provided comments and complaints about the early morning take offs from the Pennridge Airport and the high noise levels associated with the use on the Property.
101. The Applicant failed to present a qualified witness and/or adequate evidence addressing the noise concerns and issues at the Property.
102. The Applicant failed to present a qualified witness and/or adequate evidence addressing the general aviation concerns and issues at the Property.
103. Sean Buffington and Pat Buffington asked the Applicant about a drainage issue that has developed from the Pennridge Airport onto the property owned by the Buffingtons at 909 Three Mile Run Road, and asked that the Applicant resolve the drainage issue.
III. CONCLUSIONS OF LAW.
1. Section 27-304.G4, Airport or Heliport, of the East Rockhill Township Zoning Ordinance states the following in pertinent part and the Applicant shall comply with all of the following:
G4. Airport or Heliport.
a. In addition to the airport or heliport, accessory office, service, industrial or commercial uses may be approved by the Township Board of Supervisors as conditional uses. The area, dimensional, coverage, buffering, impervious surface limitations and parking requirements for the specific use and the Industrial-1 and Industrial-2 Districts shall be met.
b. Approval shall be secured from the Pennsylvania Department of Transportation, Bureau of Aviation.
c. A stopway of at least 200 feet in length and having a width equal to that of the paved runway shall be provided between each end of the runway and the property line of the airport tract.
d. All buildings, runways, taxiways, parking areas, warm-up pads, aprons, light, communication facilities, tie-down areas, repair facilities, refueling facilities, etc., shall conform to the setback requirements of this chapter.
e. A steel post and mesh Class E wire fence having a height of four feet shall enclose that part of the airport tract which is used by aircraft so that animals and unauthorized persons and vehicles are restrained from entering the aircraft operating area.
f. The owners, lessees and operators of the airport shall take all possible actions to protect the peace, safety and air quality of the environment of the area surrounding the airport. This shall include:
(1) The establishment of flight patterns and ground traffic patterns.
(2) The location of warm-up ramps, parking areas, tie-down areas or hangars.
(3) Flight training shall not be scheduled before 7:00 a.m. or after 10:00 p.m.
(4) Air shows, displays, etc., shall meet the requirements of Use 14.
(5) The requirements of Part 18, "Nuisance Standards," shall be met so as to create the least amount of noise, dust, dirt, disturbance, annoyance, hazard and limitation on the enjoyment of the residents and property owners of East Rockhill Township.
g. The buffer requirements of § 27-1905 of this chapter shall be met. In addition, warm-up ramps, parking areas, tie-down areas and hangars shall meet the buffer requirements of this chapter.
h. No airport of heliport shall be established if its flight pattern will conflict with the flight pattern of any existing airport or heliport.
i. Parking. Off-street parking spaces for the principal airport or heliport facility as the Board of Supervisors shall determine adequate to serve customers, patrons, visitors, employees and vehicles normally parked on the premises.
2. The Applicant shall comply with all applicable requirements and restrictions of the Nuisance Standards set forth in Part 18 of the East Rockhill Township Zoning Ordinance.
3. Section 27-1905.a. of the East Rockhill Township Zoning Ordinance states the following in pertinent part and the Applicant shall comply with the buffer requirements deemed necessary by the Township as set forth herein and in the Zoning Ordinance:
a. Buffering serves to soften the outline of buildings, to screen glare and noise, and to create a visual and/or physical barrier between conflicting land uses. Buffer yards are required between uses and along existing and proposed streets. The extent of buffering required shall be determined by the type of use proposed and the adjacent uses or streets surrounding the proposed development. The impact of the proposed use on adjoining properties is the basis for establishing buffer yard standards.
4. Section 27-2208.a. and b. of the East Rockhill Township Zoning Ordinance states the following in pertinent part and the Applicant shall comply with and meet all of the following as set forth herein:
a. In granting a conditional use, the Board of Supervisors shall make findings of fact consistent with the provisions of this chapter. The Board of Supervisors shall not approve a conditional use except in conformance with the conditions and standards outlined in this chapter.
b. The Board of Supervisors shall grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The Board of Supervisors shall, among other things, require that any proposed use and location be:
(1) In accordance with the Township Comprehensive Plan.
(2) In the best interests of the Township, the convenience of the community, the public welfare.
(3) Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
(4) In conformance with all applicable requirements of this chapter and all Township ordinances.
(5) Suitable in terms of effect on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard.
(6) In accordance with sound standards of subdivision and land development practice where applicable.
(7) In accordance with the specific standards and criteria of this chapter.
5. Section 27-2208.c.(11) of the East Rockhill Township Zoning Ordinance states the following in pertinent part and the Applicant shall comply with and meet all of the following as set forth herein:
Use G4 Airport/Heliport. Evaluate the impacts on neighboring properties and community and specify any improvements needed in addition to the requirements of § 27-304(G4).
6. The two proposed hangar buildings are permitted Airport uses within the Industrial-1 Zoning District by conditional use pursuant to Section 27-1301.b.(6), Use G-4, of the East Rockhill Township Zoning Ordinance, subject to the Applicant’s compliance with the conditions of approval and factual representations set forth herein.
7. Based on the testimony and evidence presented by the Applicant, and subject to the Applicant agreeing to and complying with the conditions of approval set forth herein, the Applicant has satisfactorily met the general conditions for a conditional use as set forth at Section 27-2208 of the East Rockhill Township Zoning Ordinance, as amended, conditional on the testimony and evidence presented and compliance with the conditions set forth herein.
8. The two new proposed hangar buildings, as shown and/or described on Exhibit A-13, will be located in close proximity to existing residential uses bordering the Applicant’s Property and additional buffering between the proposed hangars and the uses on the Property so as to reduce the impact of noise, air and ground traffic, and the Applicant’s activities on the neighboring properties is required by Section 27-2208.c.(11) of the East Rockhill Township Zoning Ordinance, as well as the other Zoning Ordinance provisions set forth herein.
O R D E R
AND NOW, this 20th day of June, A.D., 2017, after due deliberation and discussion, the East Rockhill Township Board of Supervisors does hereby grant Applicant’s request for a conditional use subject to the following reasonable conditions of approval, each of which the Board of Supervisors deems a necessary and essential component of this approval:
1. In addition to the buffering shown on Exhibits A-10 and A-13, the Applicant shall install additional buffering with white pines, or other variety of evergreens deemed acceptable by the Township Engineer, with a height of approximately six (6) feet in two (2) staggered rows, each pine twelve feet (12') apart, between the edge of the woods on the north side of the Property and the proposed new hangar building, for the entire distance from the northeast corner of the new proposed hangar building all the way to Schoolhouse Road, in a manner and form acceptable to the Township and at the direction of the Township Engineer.
2. This conditional use approval is limited to the proposed two new hangar buildings only, and the specifics of the buildings actually built will be subject to land development review and approval by the East Rockhill Township Board of Supervisors and further subject to the applicable building code review and permitting process.
3. The Applicant shall comply with all other applicable regulations, ordinances, and resolutions of the Township of East Rockhill and all applicable State and Federal laws and regulations.
4. No more than nine (9) aircraft hangars shall be permitted within the two new hangar buildings proposed in the Application (i.e. The proposed hangar buildings shall only be divided into 9 separate hangars.)
5. No additional hangar buildings shall be permitted on the Property in the future.
6. The Applicant shall agree to and regularly monitor the noise from the activities on the Property and/or at the Pennridge Airport by the following means:
a. The Applicant shall perform noise monitoring at the Property boundaries semi-annually during the months of March and September until one (1) year after full occupancy of the two proposed new hangar buildings, and provide the Township with the results of the same.
7. The Applicant shall provide the Township with an annual list of all resident aircraft with the name, make, model number, etc. of the aircraft.
8. The Applicant shall review, analyze, and resolve the drainage issue involving the Property at 909 Three Mile Run Road with the neighboring property owners identified as Pat and Sean Buffington, in a manner and formed acceptable to the Township.
9. The Applicant shall install an additional fire hydrant in accordance with the Fire Chief’s recommendation, in a manner, form and location deemed acceptable to the Township and the Fire Chief.
10. The Applicant shall maintain an acceptable supply of and properly store firefighting foam, known as F-500 Encapsulating Agent as manufactured by Hazard Control Technologies, Inc., in accordance with the Fire Chief’s recommendation and in a manner and form deemed acceptable by the Township and Fire Chief.
11. The Applicant shall increase and enhance the buffering of the Property along its border with Markey Park, including but not limited to the enhancement of the existing landscaped buffer and berm in a manner and form deemed acceptable to the Township and the Township Engineer. The increased landscaped buffer shall include, at a minimum, additional evergreen plantings with a height of approximately six (6) feet, such as evergreen viburnum or another variety deemed acceptable by the Township Engineer, in two (2) staggered rows, each evergreen twelve feet (12') apart.
12. The Applicant shall provide for a monitoring well on the Property in a manner, form, and location deemed acceptable to the Township and further provide annual well water test results to the Township to determine if any PFCs are present as a result of the Applicant’s operations on the Property.
13. The Applicant shall supply the Township with a copy of the annual Penn DOT Airport Safety Zone report and any and all FAA and/or Penn DOT Bureau of Aviation license and/or permit approvals and/or renewals, as applicable.
14. The Applicant shall establish and/or erect a 100-foot long noise buffer or barrier on both sides of the runway where the aircraft begin their take off, in a manner and form acceptable to the FAA and/or the Penn DOT Bureau of Aviation, to help mitigate the noise from the airport activities on the Property.
15. The Applicant shall be required to proceed with and secure land development approval for the two new proposed hangar buildings and pay the appropriate fee in-lieu-of recreation land, as well as any other applicable fee in-lieu-of due to Applicant requested SALDO waivers.
16. The two new proposed hangar buildings shall remain under the ownership of Pennridge Development Enterprises, Inc.
17. The Applicant shall develop an emergency services plan that is agreeable and acceptable to the Township and the Fire Chief.
18. The Applicant shall convert, expand, and renovate the existing stormwater basin on the Property to a slow release infiltration basin in a manner and form deemed acceptable to the Township Engineer. The basin shall be fenced in a manner and form deemed acceptable to the Township and in accordance with applicable Township Ordinances.
19. The Applicant shall ensure there is adequate water pressure and water flow to meet firefighting demands.
20. The Applicant shall secure at least one sewer EDU per new hangar building proposed, and/or as otherwise determined necessary by the Township based on the then and/or future uses on the Property.
21. The Applicant shall not extend the runway at the Property at any time in the future.
22. The Applicant shall provide the Township with a long range (10 year) development plan for the Property and the Pennridge Airport within one (1) year of the date of this Decision.
23. The Applicant shall include a provision in all future lease agreements for the hangars on the Property that the tenants of the hangars and their aircraft shall only take off between the hours of 7:00 a.m. and 10:00 p.m. (i.e. after 7:00 a.m. and before 10:00 p.m.), unless the following factors and/or requirements are met:
a. There is a legitimate reason necessitating an early or late takeoff;
b. The Applicant is notified 48-hours in advance;
c. The tenant is given specific approval by the Applicant; and,
d. Each tenant shall not be permitted more than one (1) early or late takeoff per month.
24. The Applicant shall install a fence on the Property along its border with SEPTA’s property and/or easement and the railroad tracks on the Property to enhance the security on the Property, all in a manner and form deemed acceptable to the Township.
25. The Applicant shall install security cameras at the Schoolhouse Road entrance near the proposed new hangar buildings to enhance the security on the Property.
26. The Applicant shall require all hangar tenants to park their vehicles inside their respective hangars and not outside.
27. The Applicant shall agree to allow Township representatives to enter the Property at reasonable times, subject to prior notice, and inspect the hangar buildings to ensure compliance with this and other Township approvals and/or regulations.
28. The Applicant shall comply with Sections 27-304.G4, 27-1905.a., 27-2208.a., b. and c., and Part 18 of the East Rockhill Township Zoning Ordinance.
29. The Applicant shall begin tracking the flights in and out of the Pennridge Airport in a manner and form that can be maintained in an accurate record format.