This Article shall be known and may be cited
as the "Borough of East Stroudsburg Airport Zoning Overlay District."
It is an Article regulating and restricting the height to which structures
may be erected or objects of natural growth and otherwise regulating
the use of property in the vicinity of the Birchwood-Pocono Airpark
by creating the appropriate zones and establishing the boundaries
thereof; providing for changes in the restrictions and boundaries
of such zones; defining certain terms used herein; referring to the
Birchwood-Pocono Airpark Height Limitation and Zoning District Map,
which is incorporated in and made part of this chapter; providing
for enforcement; establishing a Zoning Hearing Board; and imposing
penalties.
A.
It is hereby found that an obstruction has the potential
for endangering the lives and property of users of the Birchwood-Pocono
Airpark and property or occupants of land in its vicinity; that an
obstruction may affect existing and future instrument approach minimums
of the Birchwood-Pocono Airpark; 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
Birchwood-Pocono Airpark 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 Birchwood-Pocono Airpark.
(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.
(3)
That the prevention of these obstructions should
be accomplished, to the extent legally possible, by the exercise of
the police power without compensation.
B.
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 meanings given to them in this section,
unless the context clearly indicates otherwise:
Any convenience, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
Birchwood-Pocono Airpark; 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.
One thousand two hundred seventy; the highest point of an
airport's unusable landing area, measured in feet above sea level.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this chapter and
Act 164 of 1984 (Pennsylvania laws relating to aviation).
[1]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 § 157-110 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
These zones are set forth in § 157-110 of this chapter.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20:1 for a horizontal distance
of 4,000 feet.
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,[2] 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.
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 in § 157-110 of this chapter.
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 specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. For military runways or when the runway has no specifically 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 § 157-109 of this chapter. 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.
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 ninety-degree 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 ninety-degree
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.
A Board appointed by the authority adopting these regulations. The number of members, powers, governing rules, etc., of the Board are set forth in Article I of this chapter.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101
et seq.
[2]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
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 as they apply to
the Birchwood-Pocono Airpark. Such zones are shown on the East Stroudsburg
Zoning District Map.[1] The Airport Overlay District boundary was taken from the Height Limitation Map prepared by the Pennsylvania Department of Transportation, Bureau of Aviation, and dated Spring 1989, which is attached to this chapter and made a part thereof. 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 following two zones are those applicable to the Borough of East Stroudsburg. They are hereby established and defined as follows:
A.
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 in radii 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.
B.
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.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
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 limit herein established for such
zone. Such applicable height limitations are hereby established for
each of the zones in question as follows:
A.
Horizontal Surface Zone: established at 150 feet above
the established airport elevation or at a height of 1,420 feet above
mean sea level. The allowable height formula shall be as follows:
|
Allowable Height = (1,270 established airport
elevation) + (150 feet) — (ground elevation)
|
B.
Conical Surface Zone: slopes 20 feet outward for each
foot upward beginning at the periphery or 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 1,620 feet above mean sea level. The allowable height
formula shall be as follows:
|
Allowable Height = (1,270 established airport
elevation) + (150 feet) + (distance from horizontal surface boundary
÷ 20) — (ground elevation)
|
C.
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 35 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,
each municipality and Joint Airport Zoning Board 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 chapter, no use may be made of land or water within any zone
established by this article in such 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.
(a)
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 chapter or to otherwise interfere with the continuance of any nonconforming use, except as provided in § 157-112 (relating to permits and variances).
(b)
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 chapter and which 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 Borough of East Stroudsburg 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 Borough of East Stroudsburg.
A.
Future uses.
(1)
Except as specifically provided in Subsection A, B or C 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 therefor 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 chapter shall be granted unless a variance has been approved in accordance with Article I.
(2)
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.
(3)
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 chapter, 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.
B.
Existing uses. Before any nonconforming structure
may be replaced, substantially altered or rebuilt or tree allowed
to grow higher or replanted, a permit must be secured from the municipality
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
chapter or any amendments thereto or than it is when the application
for a permit is made.
C.
Nonconforming uses abandoned or destroyed. Whenever
the Borough of East Stroudsburg 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 chapter.
D.
Variances.
(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 Board of Adjustment for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of § 157-113 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 conditions that the Zoning Hearing Board may deem necessary to effectuate the purpose 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 a variance to the requirements of this article may
be considered by the Zoning Hearing Board unless a copy of the application
as 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.
E.
Hazard marking and lighting. In granting any permit
or variance under this section, the 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 municipality, 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.
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
municipality within which the property or nonconforming use is located
or the municipality or municipal 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. In this 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 municipality making the purchase
or 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.
In the event of conflict between any airport
zoning regulations adopted under this article and any other regulations
applicable to the same area, whether the conflict is with respect
to the height of structures or trees and the use of land or any other
matter and whether the other regulations were adopted by the municipality
which adopted the airport zoning regulations or by some other municipality
or otherwise, the more stringent limitation or requirement shall govern
and prevail.
