A.
This article is adopted pursuant to the authority
conferred by 1984 PA Laws 164, codified at 74 Pa.C.S.A. § 5101
et seq.
B.
It is hereby found that an obstruction has the potential
for endangering the lives and property of users of the Lehigh Valley
International Airport ("LVIA"); and property or occupants of land
in its vicinity; that an obstruction may affect existing and future
instrument approach minimums of the LVIA; and that an obstruction
may reduce the size of areas available for the landing, takeoff and
maneuvering of aircraft, thus tending to destroy or impair the utility
of the LVIA and the public investment therein. Accordingly, it is
declared:
(1)
That the creation or establishment of an obstruction
has the potential of being a public nuisance and may injure the region
served by the LVIA;
(2)
That it is necessary in the interest of the public
health, safety, morals and general welfare that the creation or establishment
of obstructions that are a hazard to air navigation be prevented;
and
(3)
That the prevention of these obstructions should be
accomplished, to the extent legally possible, by the exercise of the
police power without compensation.
C.
It is further declared that the prevention of the
creation or establishment of hazards to air navigation, the elimination,
removal, alteration or mitigation of hazards to air navigation, or
the marking 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.
The following words and phrases when used in this article shall have the following meaning when used in this Article IX, unless the context clearly indicates otherwise:
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
Lehigh Valley International Airport ("LVIA"). Defined as
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 heliports. Public and private
airports are defined separately in this section.
Three hundred ninety-four feet above mean sea level. Defined
as the highest point of an airport's usable landing area measured
in feet above sea level.
Any structure or object, natural or man-made, 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 by
"airport hazard" in 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 chapter and
the Act 164 of 1984 (Pennsylvania Laws relating to aviation).
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation slope set forth in § 280-63 of this article. In plan the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
These zones are set forth in § 280-63 of this article.
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.
Pennsylvania Department of Transportation.
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, 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 surface zone.
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.
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 § 280-63 of this article.
An individual, firm, partnership, corporation, company, association,
joint stock association, or governmental entity; includes a trustee,
a receiver, an assignee, or a similar representative of any of them.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision 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.
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 § 280-63 of this article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
An 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.
An airport which is either publicly or privately owned and
which is open to the public as defined in 74 Pa.C.S.A. § 5102.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
For the sole purposes of Article IX, shall mean 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.
These surfaces extend outward at 90° angles to the runway
center line and the runway center line 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 surfaces, 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° angles to the
extended runway center line.
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.
In order to carry out the provisions of this
article, 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. Such zones are
shown on the ABE Airport Height Limitation and Zoning District Map
prepared by the PA Department of Transportation, Bureau of Aviation,
and dated Spring 1989, which is hereby included by reference and made
a part hereof. 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:
A.
Utility runway visual approach surface zone. Established
beneath the visual approach surface. The inner edge of this zone coincides
with the width of the primary surface and is 250 feet wide. The zone
expands outward uniformly to a width of 1,250 feet at a horizontal
distance of 5,000 feet from the primary surface. Its center line is
the continuation of the center line of the runway.
B.
Utility runway nonprecision instrument approach surface
zone. Established beneath the nonprecision instrument approach surface.
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 2,000 feet at a horizontal distance 5,000 feet from the
primary surface. Its center line is the continuation of the center
line of the runway.
C.
Runway larger than utility visual approach surface
zone. Established beneath the visual approach surface. 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 1,500
feet at a horizontal distance of 5,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
D.
Runway larger than utility with a visibility minimum
greater than 3/4 mile nonprecision instrument approach surface zone.
Established beneath the nonprecision instrument approach surface.
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 center line is the continuation of the center
line of the runway.
E.
Runway larger than utility with a visibility minimum
as low as 3/4 mile nonprecision instrument approach surface zone.
Established beneath the nonprecision instrument approach surface.
The inner edge of this zone coincides with the width of the primary
surface and is 1,000 feet wide. The zone expands outward uniformly
to a width of 4,000 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
F.
Precision instrument runway approach surface zone.
Established beneath the precision instrument approach surface. The
inner edge of this zone coincides with the width of the primary surface
and is 1,000 feet wide. The zone expands outward uniformly to a width
of 16,000 feet at a horizontal distance of 50,000 feet from the primary
surface. Its center line is the continuation of the center line of
the runway.
G.
Transitional surface zones. Established beneath the
transitional surfaces adjacent to each runway and approach surface
as indicated on the Height Limitation and Zoning District Map.
H.
Horizontal surface zone. Established beneath the horizontal
surface, 150 feet above the established airport elevation, the perimeter
of which is constructed by swinging arcs of 5,000 feet radii for visual
or utility runways and 1,000 feet radii for all other runways 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
surface zone does not include the approach surface and transitional
surface zones.
I.
Conical surface zone. Established beneath the conical
surface. This zone commences at the periphery of the horizontal surface
and extends outward therefrom a horizontal distance of 4,000 feet.
Except as otherwise provided in this article,
no structure shall be erected, altered or maintained, and no tree
shall be allowed to grow in any zone created by this article to a
height in excess of the applicable height limit herein established
for such zone. Such applicable height limitations are hereby established
for each of the zones in question as follows:
A.
Utility runway visual approach surface zone. Slopes
20 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 5,000 feet along the extended runway center line.
B.
Utility runway nonprecision instrument approach surface
zone. Slopes 20 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 5,000 feet along the extended runway center
line.
C.
Runway larger than utility visual approach surface
zone. Slopes 20 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 5,000 feet along the extended runway center
line.
D.
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 center
line.
E.
Runway larger than utility with a visibility minimum
as low as 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 center
line.
F.
Precision instrument runway approach surface zone.
Slopes 50 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 center
line; thence slopes upward 40 feet horizontally for each foot vertically
to an additional horizontal distance of 40,000 feet along the extended
runway center line.
G.
Transitional surface zones. Slopes 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 394 feet
above mean sea level. In addition to the foregoing when an airport
has a precision instrument runway approach zone, there are established
height limits sloping seven feet outward for each foot upward beginning
at the sides of and at the same elevation as the approach surface,
and extending to where they intersect the conical surface. Where the
precision instrument runway approach zone projects beyond the conical
zone, there are established height limits sloping seven feet outward
for each foot upward beginning at the sides of and at the same elevation
as the approach surface, and extending a horizontal distance of 5,000
feet measured at 90° angles to the extended runway center line.
H.
Horizontal surface zone. Established at 150 feet above
the established airport elevation or at a height of 544 feet above
mean sea level.
I.
Conical surface zone. Slopes 20 feet outward for each
foot upward beginning at the periphery of the horizontal surface and
at 150 feet above the established airport elevation and extending
to a height of 350 feet above the established airport elevation or
at a height of 744 feet above mean sea level.
J.
Excepted height limitations. Nothing in this article
shall be construed as prohibiting the construction or maintenance
of any structure, or growth of any tree to a height up to 45 feet
above the surface of the land.
A.
Reasonableness. All airport zoning regulations adopted
under this article shall be reasonable; none shall impose any requirement
or restriction unless it is reasonably necessary to effectuate the
purpose of this article. In determining what regulations it may adopt,
the Borough shall consider, among other factors, the character of
the flying operations expected to be conducted at the airport, the
nature of the terrain within the airport hazard area, the character
of the neighborhood and the uses to which the property to be zoned
is put and adaptable.
B.
Use restrictions. Notwithstanding any other provisions
of this article, no use may be made of land or water within any zone
established by this article 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
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.
C.
Nonconforming uses:
(1)
Regulations not retroactive. The regulations prescribed by this chapter 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 chapter, or otherwise interfere with the continuance of any nonconforming use, except as provided in § 280-65 (relating to permits and variances). Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this article, and is diligently executed.
(2)
Marking and lighting. Notwithstanding the preceding
provision of this section, the owner of any existing nonconforming
structure or tree is hereby required to permit the installation, operation
and maintenance thereon or nearby of such markers and lights as shall
be deemed necessary by the Zoning Officer acting in response to a
written recommendation by the Lehigh Valley International Airport
(LVIA) staff 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 LVIA. The Borough of Catasauqua shall not accept responsibility
to install, maintain, inspect or fund markers and lights.
A.
Future use. Except as specifically provided in Subsection A(1), (2) or (3) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefore shall have been applied for and granted. Each application for a permit 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 article shall be granted unless a variance has been approved in accordance with § 280-65E and Article I.
(1)
In the area lying within the limits of the horizontal
zone and conical zone, no 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 topographic features, such
tree or structure would extend above the height limits prescribed
for such zones.
(2)
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 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 topographic features, such tree
or structure would extend above the height limit prescribed for such
approach zones.
(3)
In the areas lying within the limits of the transition
zones beyond the perimeter of the horizontal zones, no 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 topographic feature, would extend above
the height limit prescribed for such transition zones.
B.
Nothing contained in any of the foregoing exceptions
shall be construed as permitting or intending to permit any construction,
or alteration of any structure, or growth of any tree in excess of
any of the height limits established by this article, except that
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.
Existing uses. Before any nonconforming structure
may be replaced, substantially altered or rebuilt or nonconforming
tree allowed to grow higher or replanted, a permit must be secured
from the Borough authorizing the replacement or change. 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 article or any amendments thereto or than it is when
the application for a permit is made.
D.
Nonconforming uses abandoned or destroyed. Whenever
the Zoning Officer determines that a nonconforming tree or structure
has been abandoned or more than 80% torn down, physically deteriorated
or decayed, no permit shall be granted that would allow such structure
or tree to exceed the applicable height limit or otherwise deviate
from this article.
E.
Variance.
(1)
Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth or otherwise use his property in violation of airport zoning regulations may apply to the Zoning Hearing Board for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of § 280-66 are satisfied. A variance may be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of the regulations and this article. Any variance may be granted subject to any reasonable conditions that the Zoning Hearing Board may deem necessary to effectuate the purposes of this article.
(2)
The application for variance shall be accompanied
by a determination from the Federal Aviation Administration as to
the effect of the proposal on the operation of air navigation facilities
and the safe, efficient use of navigable airspace. Additionally, no
application for variance to the requirements of this article may be
considered by the Zoning Hearing Board unless a copy of the application
has been furnished to the Airport Manager (or person of equivalent
description) for advice as to the aeronautical effects of the variance.
If the Airport Manager (or person of equivalent description) does
not respond to the application within 15 days after receipt, the Zoning
Hearing Board may act without such input to grant or deny said application.
F.
Hazard marking and lighting. In granting any permit
or variance under this section, the Zoning Hearing Board shall, if
it deems the action advisable to effectuate the purpose of this article
and reasonable under the circumstances, so condition the permit or
variance as to require the owner of the structure or object of natural
growth in question to permit the Lehigh Northampton Airport Authority,
at its own expense, or require the person or persons requesting the
permit or variance, to install, operate and maintain thereon such
markers and lights as may be required by guidelines or regulations
adopted by the FAA.
A.
Local enforcement. It shall be the duty of the Zoning
Officer to administer and enforce the regulations prescribed herein.
Applications for permits and variances shall be made to the Zoning
Officer upon a form published for that purpose.
B.
Notice to department. Notwithstanding any other provision
of law, the Borough which decides to grant a permit or variance under
this article shall notify the Department of Transportation of its
decision. This notice shall be in writing and shall be sent so as
to reach the department at least 10 days before the date upon which
the decision is to issue.
A.
In any case in which it is desired to remove, lower
or otherwise terminate a nonconforming structure or use, or the approach
protection necessary cannot, because of constitutional limitations,
be provided by airport zoning regulations, or it appears advisable
that the necessary approach protection be provided by acquisition
of property rights, rather than by airport zoning regulations, the
Borough within which the property or nonconforming use is located,
or the Borough authority owning the airport or served by it, may acquire
by purchase, grant or condemnation, in the manner provided by the
law under which municipalities are authorized to acquire real property
for public purposes, such air right, aviation easement or other estate
or interest in the property or nonconforming structure or use in question
as may be necessary to effectuate the purpose of this article.
B.
In the case of the purchase of any property or any
easement or estate, or interest therein, or the acquisition thereof
by the power of eminent domain, the Borough making the purchase of
exercising the power shall, in addition to the damages for the taking,
injury or destruction of property, also pay the cost of the removal
and relocation of any structure or any public utility which is required
to be moved to a new location.
C.
Relation to other regulations. In the event any airport
zoning regulations adopted under this article apply to the same matter
as another regulation applicable to the same area, whether the conflict
be with respect to the height of structures or trees, and the use
of land, or any other matter, the more stringent limitation or requirement
shall govern and prevail.