[Added 11-19-2012 by Ord. No. 953]
The purpose of this article is to create an airport district
overlay that considers safety issues around the Allegheny County Airport,
regulates and restricts the heights of constructed structures and
objects of natural growth, creates appropriate zones, establishing
the boundaries thereof and providing 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
penalties, an appeals process, and judicial review.
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.
The following words and phrases, when used in this article,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise:
The highest point of an airport's usable landing area measured
in feet above sea level. The airport elevation of the Allegheny County
Airport is 1,250 feet above mean sea level.
Any structure or object, natural or manmade, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined in
14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this article and
Act 164 of 1984 (Pennsylvania laws relating to aviation).[1]
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The approach surface
zone, as shown on Figure 1,[2] is derived from the approach surface.
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
conical surface zone, as shown on Figure 1,[3] is based on the conical surface.
The Pennsylvania Department of Transportation.
The Federal Aviation Administration of the United States
Department of Transportation.
For the purpose of determining the height limits in all zones
set forth in this article and shown on the Zoning Map,[4] the datum shall be mean sea level elevation unless otherwise
specified.
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown on Figure
1,[5] is derived from the horizontal surface.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this article
or an amendment thereto.
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 by this article.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precisions approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line. The primary surface zone, as shown on Figure 1,[6] is derived from the primary surface.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
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.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically (7:1). The transitional
surface zone, as shown on Figure 1,[7] is derived from the transitional surface.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
or less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: Figure 1 is on file in the Borough offices.
[3]
Editor's Note: Figure 1 is on file in the Borough offices.
[4]
Editor's Note: The Zoning Map is on file in the Borough offices.
[5]
Editor's Note: Figure 1 is on file in the Borough offices.
[6]
Editor's Note: Figure 1 is on file in the Borough offices.
[7]
Editor's Note: Figure 1 is on file in the Borough offices.
There are hereby created and established certain zones within this Airport District Overlay article, defined in § 374-55.3 and depicted on Figure 1 and illustrated on The Allegheny County Airport (AGC) Airspace Plan (Drawing 6 of 14 of the AGC Airport Master Plan, as amended), Figure(s) 2 (and 3),[1] all 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: Figures 1, 2 and 3 and Drawing 6 of 14 of the
AGC Airport Master Plan are on file in the Borough offices.
A.
As regulated by Act 164[1] and defined by 14 CFR 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or manmade) in the vicinity of the airport 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 commencement thereof. 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 § 374-55.6.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
B.
No permit is required to make maintenance repairs to or to replace
parts of existing structures which do not enlarge or increase the
height of an existing structure.
C.
No notice or review under this section is required for any of the
following construction or alterations:
(1)
Any object that would be shielded by existing structures of
a permanent and substantial character or by natural terrain or topographic
features of equal or greater height and would be located in the congested
area of a city, town, or settlement where it is evident beyond all
reasonable doubt that the structure so shielded will not adversely
affect safety in air navigation.
(2)
Any antenna structure of 20 feet or less in height except one
that would increase the height of another antenna structure.
(3)
Any air navigation facility, airport visual approach or landing
aid, aircraft-arresting device, or meteorological device, of a type
approved by the Administrator, or an appropriate military service
on military airports, the location and height of which is fixed by
functional purpose.
(4)
Any construction or alteration for which notice is required
by any other FAA regulation.
A.
Any request for a variance shall include documentation in compliance
with 14 CFR 77, Subpart B (FAA Form 7460-1 as amended or replaced).
Determinations of whether to grant a variance will depend on the determinations
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 airspace. In particular, the request for a variance
shall consider in which of the following categories the FAA has placed
the proposed construction:
(1)
No objection. The subject construction is determined to not
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 § 374-55.9, 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.
Notwithstanding any other provisions of this article, no use
shall 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 endanger or interfere with the landing,
takeoff or maneuvering of aircraft utilizing the Allegheny County
Airport.
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 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 Zoning Ordinance), may only be reestablished consistent
with the provisions herein.
Any permit or variance granted pursuant to the provisions of this article may be conditioned according to the process described in § 374-55.6 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.
Where there exists a conflict 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.
