A.
This section is adopted pursuant to the authority conferred by the Airport Zoning Act of 1984, P.L. 164, 74 Pa.C.S.A. § 5911 et seq., as amended and the Municipalities Planning Code of 1968, P.L. 805, 53 P.S. § 10101 et seq., as amended. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Pennridge Airport, located in East Rockhill Township, and property or occupants of land in its vicinity; that an obstruction may reduce the size of areas valuable for the landing, takeoff and maneuvering of aircraft; thus, tending to destroy or impair the utility of the Pennridge Airport and the public investment therein. Accordingly, it is declared:
(1)
The creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the Pennridge Airport.
(2)
It is necessary in the interest of the public health, public safety and general welfare of persons using the Pennridge Airport that the creation or establishment of obstructions that are a hazard to air navigation be prevented.
(3)
It is further declared that the prevention of the creation or establishment of hazards to air navigation, elimination, removal, alteration or mitigation of hazards to air navigation, or making and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.
B. AIRPORT (1) (2) AIRPORT ELEVATION AIRPORT HAZARD AIRPORT HAZARD AREA APPROACH SURFACE APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES CONICAL SURFACE HAZARD TO AIR NAVIGATION HEIGHT HORIZONTAL SURFACE LARGER THAN UTILITY RUNWAY NONPRECISION INSTRUMENT RUNWAY OBSTRUCTION PRIMARY SURFACE RUNWAY STRUCTURE TRANSITIONAL SURFACES TREE
Airport hazard regulations definitions. In addition to the definitions in Article II, Definitions, of this chapter, and for the purposes of this section, the terms, words, and phrases found hereunder shall have the following meanings as applied, and limited to, § 186-130, Airport hazard regulations.
Pennridge Airport (CKZ); any area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings or air navigation facilities or rights-of-way, together with all airport buildings and facilities thereon. As used herein, the term "airport" includes public airports but excludes private airports and private heliports.
PRIVATE AIRPORTAn airport which is privately owned and which is not open or intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.
PUBLIC AIRPORTAn airport which is either publicly or privately owned and which is open to the public as defined in 74 Pa.C.S.A. § 5102.
The highest point of the airport's useable landing area measured in feet from sea level which is 567 feet above mean sea level.
Any structure or object, natural or manmade, or use of land which obstructs the airspace required for flight of aircraft in landing or taking off at an airport or is otherwise hazardous to the landing or taking off of aircraft.
An area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.
A surface longitudinally centered on the extended runway centerline extending outward and upward from the end of the primary surface and at the same slope as the approach height limitation slope set forth in § 186-130D. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones as set forth in § 186-130C.
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.
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 section and shown on the airport zone map; the datum shall be mean sea level elevation unless otherwise specified.
A horizontal plane 150 feet above the established airport elevation, the perimeter of which, in plan, coincides with the perimeter of the horizontal zone.
A runway that is constructed or 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 nonprecision 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 in § 186-130D.
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in § 186-130C. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
For the purpose of this section, an object, including a mobile object, constructed or installed by man including but without limitation buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines in addition to those objects defined in Article II, Definitions.
These surfaces extend outward at ninety-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces, for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90° to the extended runway centerline.
Any object of natural growth.
C.
Airport hazard zoning boundaries. In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Pennridge Airport. Such zones are shown on the Pennridge Airport Imaginary Surfaces Map which is attached to this chapter and made a part hereof.[1] An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:
(1)
Runway larger than utility with a visibility minimum greater than 3/4 mile nonprecision instrument approach surface zone. The inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(2)
Transitional zones. The transitional zones are the areas beneath the transitional surfaces.
(3)
Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual and 10,000 feet for all others from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
(4)
Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
D.
Airport zone height limitations. Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained and no tree shall be allowed to grow in any zone created by this chapter to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
(1)
Runway larger than utility with a visibility minimum greater than 3/4 mile nonprecision instrument approach surface zone. Slopes 34 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 10,000 feet along the extended runway centerline.
(2)
Transitional zones. Slope 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 567 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface and extending to where they intersect the conical surface.
(3)
Horizontal zone. Established at 150 feet above the airport elevation or at a height of 717 feet above mean sea level.
(4)
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.
(5)
Excepted height limitations. Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to 35 feet above the surface of the land.
E.
Use Restriction. Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter 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 others, result in glare in the eyes of the 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.
F.
Nonconforming uses or structures.
(1)
The regulations prescribed in this section shall not be construed to require the removal, lowering, or other change or alteration of any nonconforming structure or otherwise interfere with the continuance of a nonconforming structure, except as provided in § 186-130G. Nothing contained herein shall require any change in the construction, alteration, or intended use of any nonconforming structure, the construction or alteration of which was begun prior to the effective date of this chapter and is diligently executed.
(2)
Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Zoning Officer of Perkasie Borough pursuant to guidelines and regulations adopted by the Federal Aviation Administration of the United States Department of Transportation 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 owners of the Pennridge Airport.
G.
Special airport hazard permits.
(1)
Applicability. Except as specifically provided hereunder, no material change shall be made in the use of land, no structure or use shall be erected or otherwise established and no tree shall be planted in any airport hazard zone herein created unless a permit therefor shall have been applied for and granted by the Zoning Officer. Each application 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. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been granted in accordance with this section.
(2)
Airport hazard exceptions. Nothing contained in any of the following exceptions shall be construed as permitting or intending to permit the construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by any applicable section of this section.
(a)
In the area lying within the limit of the horizontal zone and conical zone, no special airport hazard 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 topographical features, such tree or structure would extend above the height limit prescribed for such zones.
(b)
In areas lying 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 special airport hazard 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 topographical features would extend above the height limit prescribed for such approach zones.
(c)
In the areas lying within the limits of the transitional zones beyond the perimeter of the horizontal, no special airport hazard 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 topographical features would extend above the height limit prescribed for such transitional zones.
(3)
Existing uses.
(a)
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 section or any amendments thereto or than it is when the application for a permit is made. Before any nonconforming structure may be replaced, substantially altered or rebuilt or nonconforming tree allowed to grow higher or replanted, a special airport hazard permit must be secured authorizing the replacement or change.
(b)
Before any nonconforming structure may be replaced, substantially altered or rebuilt, or any tree allowed to grow higher or replanted, a special airport hazard permit must be secured authorizing the replacement or change.
(c)
Whenever the Zoning Officer of Perkasie Borough determines that a nonconforming use, structure or tree has been abandoned or more than 80% torn down, physically deteriorated or decayed, no special airport hazard permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(4)
Variances. Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or use of property, not in accordance with the airport hazard regulations prescribed herein, shall apply to the Zoning Hearing Board of Perkasie Borough for a variance in accordance with the applicable provisions of this chapter. In addition to the requirements for a variance contained in this chapter, the application for an airport hazard variance shall be accompanied by a written determination from the Federal Aviation Administration as to the effect of the proposal upon the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances may be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and the relief granted will not be contrary to the public interest, will not create an airport hazard, will do substantial justice and will be in accordance with the spirit of this chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the owner or manager of the Pennridge Airport for comments as to the aeronautical effects of the variance. If the owner or manager of the Pennridge Airport does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application.
(5)
Obstruction marking and lighting. Any permit or variance granted may 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. If deemed proper by the Zoning Hearing Board this condition may be modified to require the owner to permit the Pennridge Airport, at its own expense, to install, operate and maintain the necessary markings and lights.
(6)
Required notification. Notwithstanding any other provision of law, either the Zoning Officer or the Zoning Hearing Board who may decide to grant a permit or variance under this chapter shall notify the Pennsylvania Department of Transportation of its decision. This notice shall be in writing and shall be sent so as to reach the Department of Transportation at least 10 days before the date upon which the decision is to issue. Nothing in this subsection shall be construed as impairing the rights of any person to judicial review as provided under Article XI, Hearings, Variances and Zoning Hearing Board, of this chapter.
