The purpose of this Airport Overlay District is to create an
airport overlay district that considers safety issues around any future
airport within the Township and, particularly, the present Stroudsburg-Pocono
Airport; regulate and restrict the heights of constructed structures
and objects of natural growth; create appropriate zones and establish
the boundaries thereof and provide for changes in the restrictions
and boundaries of such zones; create the permitting process for use
within said zones; and provide 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 division,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise.
AIRPORT ELEVATION
The highest point of an airport's useable landing area measured
in feet above sea level.
AIRPORT HAZARD
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 the airport or is otherwise hazardous as defined
in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
AIRPORT HAZARD AREA
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).
APPROACH SURFACE (ZONE)
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, is derived from the approach surface.
CONICAL SURFACE (ZONE)
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, is based on the conical surface.
DEPARTMENT
Pennsylvania Department of Transportation.
FAA
Federal Aviation Administration of the United States Department
of Transportation.
HEIGHT
For the purpose of determining the height limits in all zones
set forth in this chapter and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE (ZONE)
An imaginary plan 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, is derived from the horizontal surface.
LARGER-THAN-UTILITY RUNWAY
A runway that is constructed for and intended to be used
by propeller driver aircraft of greater than 12,500 pounds' maximum
gross weight and jet-powered aircraft.
NONCONFORMING USE
Any preexisting structure, object of natural growth or use
of land which is inconsistent with the provisions of this division
or an amendment thereto.
NONPRECISION INSTRUMENT RUNWAY
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.
OBSTRUCTION
Any structure, growth or other object, including a mobile
object, which exceeds a limiting height set forth by this division.
PRECISION INSTRUMENT RUNWAY
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.
PRIMARY SURFACE (ZONE)
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, is derived from the primary surface.
RUNWAY
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
STRUCTURE
An object, including a mobile object, constructed or installed
by man, including, but without limitation, buildings, towers, cranes,
smokestacks, earth formations and overhead transmission lines.
TRANSITIONAL SURFACE (ZONE)
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, is derived from the transitional surface.
TREE
Any object of natural growth.
UTILITY RUNWAY
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds' maximum gross weight
or less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using
visual approach procedures.
There are hereby created and established certain zones within
the Airport District Overlay, defined in § 064-030 herein
and depicted on Figure 1 as follows:
E.
Transitional Surface Zone.
Any request for a variance shall include documentation in compliance
with 14 CFR Part 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 air space. In particular, the request for a variance
shall consider which of the following categories the FAA has placed
the proposed construction in:
A.
No objection. The subject construction is determined not to
exceed obstruction standards, and marking/lighting is not required
to mitigate potential hazard. Under this determination, a variance
shall be granted.
B.
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 § 064-090, herein, Obstruction
marking and lighting.
C.
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.
Notwithstanding any other provisions of this division, no use
shall be made of land or water within the Airport Overlay District
in such a manner as to create electrical interference with navigational
signals or radio communications between 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 interefere with the landing,
takeoff or maneuvering of aircraft utilizing the airport.
The regulations prescribed in this district 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 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 division may be conditioned according to the process described
in § 064-060 herein to require the owner of the structure
or object of natural growth in question to permit the Township, 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 ensure both ground and air safety.
Violations and penalties shall be under and subject to the rules
and regulations set forth in this chapter.
Appeals shall be under and subject to the rules and regulations
set forth in this chapter.
Where there exists a conflict between any of the regulations
or limitations prescribed in this division and any other regulations
applicable to the same area, the more stringent limitation or requirement
shall govern and prevail.
If any of the provisions of this division or the application
thereof to any person or circumstance are held invalid, such invalidity
shall not affect other provisions or applications of this division
which can be given effect without the invalid provision or application,
and to this end, the provisions of this division are declared to be
severable.