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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY R. TAYLOR, WATSON, BRENNAN, EACHUS, HALUSKA, HARPER, HORNAMAN, KORTZ, MARKOSEK, MELIO, MURPHY, MURT, M. O'BRIEN, O'NEILL, PETRI, SABATINA, SWANGER, THOMAS AND WANSACZ, FEBRUARY 24, 2009 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 24, 2009 |
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| AN ACT |
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1 | Imposing limitations on the use of property in Horsham Township, |
2 | Montgomery County, known as the Willow Grove Joint |
3 | Interagency Installation, in the event the Commonwealth |
4 | acquires the property. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Limitation on use of Willow Grove Joint Interagency |
8 | Installation. |
9 | (a) General rule.--In the event the Commonwealth or any |
10 | instrumentality thereof owns, leases or exercises jurisdiction |
11 | and operational control of the airport at the installation to be |
12 | established on property known as the Naval Air Station Joint |
13 | Reserve Base (NASJRB) Willow Grove, in Horsham Township, |
14 | Montgomery County, the property shall be used by the |
15 | Pennsylvania National Guard, Department of Defense components, |
16 | Federal, State and local government agencies and associated |
17 | users to perform national defense, homeland security and |
18 | emergency preparedness missions. The Commonwealth may not permit |
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1 | use of airfield property under its jurisdiction and operational |
2 | control at the installation for regularly scheduled commercial |
3 | passenger operations, regularly scheduled cargo operations, for |
4 | routine reliever airport operations or other nongovernmental |
5 | aviation operations not performing national defense, homeland |
6 | security and emergency preparedness missions of the |
7 | installation. |
8 | (b) Associated users.--Without regard to the ownership of |
9 | the land, associated users of the installation shall pay local |
10 | taxes, including real property taxes, and shall comply with |
11 | local land use ordinances and regulations, including, but not |
12 | limited to, the local zoning ordinance, subdivision and land |
13 | development ordinance, local impact fees and, to the extent |
14 | required by law, the Uniform Construction Code as adopted by |
15 | Horsham Township, Montgomery County. |
16 | (c) Restrictions on installation use and occupancy.-- |
17 | (1) The installation shall be occupied or used only by |
18 | the governmental agencies, military units and nongovernmental |
19 | associated users performing the missions of national defense, |
20 | emergency preparedness and homeland security. |
21 | (2) The installation shall not be used for any of the |
22 | following purposes: |
23 | (i) Commercial passenger operations. |
24 | (ii) Commercial cargo operations. |
25 | (iii) Commercial, business or nongovernment aircraft |
26 | operations, except for flights undertaken in response to |
27 | exigent circumstances. |
28 | (iv) As a reliever airport or to relieve congestion |
29 | at other airports or to provide improved aviation access |
30 | to overall region, except that this subparagraph shall |
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1 | not apply in exigent circumstances. |
2 | (d) Covenant.--Documents which convey, lease or license the |
3 | installation to the Commonwealth shall include language which |
4 | provides that the restrictions on installation use set forth |
5 | under this section shall be a binding covenant and restriction |
6 | that shall run with the land for which the Commonwealth, Horsham |
7 | Township and the Hatboro Horsham School District shall be third- |
8 | party beneficiaries. |
9 | (e) Construction.--Nothing in this section shall be |
10 | construed to diminish or alter authorized uses of the |
11 | installation, or any military enclave located thereon, by the |
12 | Federal Government or its agencies or instrumentalities or to |
13 | limit use of the property in exigent circumstances. |
14 | (f) Definitions.--As used in this section, the following |
15 | words and phrases shall have the meanings given to them in this |
16 | subsection: |
17 | "Associated users." Nongovernmental organizations and |
18 | private entities performing the national defense, homeland |
19 | security or emergency preparedness missions of the installation, |
20 | which are tenants of the installation under lease, license or |
21 | other similar access or use agreements. |
22 | "Commercial cargo operations." Aircraft operations by a |
23 | nongovernmental cargo or freight carrier in cases in which cargo |
24 | is delivered to or flown from the installation. |
25 | "Commercial passenger operations." Aircraft passenger |
26 | operations by nongovernmental passenger carriers involving |
27 | flights where passengers are boarded or deplaned at the |
28 | installation. |
29 | "Exigent circumstances." The following limited-duration |
30 | events: |
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1 | (1) Adverse or unusual weather conditions. |
2 | (2) Weather alerts. |
3 | (3) Actual or threatened emergencies that are a danger |
4 | to human health and safety. |
5 | "Installation." The Joint Interagency Installation |
6 | established on property known as the Naval Air Station Joint |
7 | Reserve Base (NASJRB) Willow Grove. |
8 | Section 2. Effective date. |
9 | This act shall take effect immediately. |
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