A.
Findings. This article recognizes that to prevent the creation or
establishment of airport hazards, state law requires every municipality
having an airport hazard area within its territorial limits to adopt,
administer and enforce airport zoning regulations for such airport
hazard area. These regulations divide the area into zones and, within
the zones, regulate the height to which structures may be erected
or objects of natural growth may be allowed to grow.
B.
Purposes:
(2)
To recognize that an obstruction along an airport approach has
the potential for endangering lives and property, and that an obstruction
may affect existing and future instrument approach minimums of the
Capital City and Harrisburg International Airports, and that an obstruction
may reduce the size of areas available for the landing, takeoff and
maneuvering of aircraft, thus tending to impair the utility of Capital
City and Harrisburg International Airports and the public investment
therein.
(3)
To prevent the creation of obstructions that could be a hazard
to air transportation.
The following definitions shall apply for the purposes of this
article:
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
Capital City and Harrisburg International Airports or any
other 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-ways, 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.
The highest point of an airport's usable landing area,
measured in feet above sea level, which is:
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 article and
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 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 this article.
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.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits on all AP Airport Overlay District Zones set forth in this article and shown on the Airport Zoning Map,[1] 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 use, whether of land, of an object of natural growth, or
of structure, which does not comply with the applicable use provisions
in this article, or amendment heretofore or hereafter enacted, where
such use was lawfully in existence prior to the enactment of this
article or amendment or prior to the application of this article or
amendment to its location by reason of annexation.
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 this article.
An individual, firm, partnership, corporation, company, association,
joint-stock association, governmental entity, or other legal 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 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.
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 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.
Any man-made object having an ascertainable stationary location
on or in land or water, or being mobile, whether or not affixed to
the land, including, without limitation, buildings, towers, cranes,
smokestacks, earth formations and overhead transmission lines, but
not including trellises, birdbaths, mailboxes, and pole lights on
residential properties.
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.
An object of natural growth that may have a mature height
greater than 25 feet.
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: The Airport Zoning Map is on file in the Township offices.
The AP Airport Overlay District, as provided on the Airport
Surface Zones Map,[1] shall serve as an overlay to all of the applicable underlying
zoning districts. The Airport Overlay District regulations shall apply
in addition to the underlying district regulations. If the overlay
and underlying district regulations conflict regarding the same matter,
the regulation that is most restrictive upon use, height and development
shall apply.
[1]
Editor's Note: Said map is on file in the Township offices.
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 Capital City Airport and the Harrisburg International Airport.
Such zones are shown on the Capital City Airport and Harrisburg International
Airport Height Limitation and Zoning District Maps prepared by Robert
Kimball and Associates in association with the Pennsylvania Bureau
of Aviation and dated 1989, which are incorporated herein by reference
and thereby 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:
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 of 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 (Capital City
Airport): 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 (Harrisburg International
Airport): 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.
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 and 10,000 feet
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 radius of each arc is 5,000 feet for all runways designated
as utility or visual and 10,000 feet for all other runways. The radius
of the arc specified for each end of a runway will have the same arithmetical
value. The value will be the highest determined for either end of
the runway. When a five-thousand-foot arc is encompassed by tangents
connecting two adjacent ten-thousand-foot arcs, the five-thousand-foot
arc shall be disregarded on the construction of the perimeter of the
horizontal surface. 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.
[1]
Editor's Note: Said maps are on file in the Township offices.
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 (Capital City
Airport): 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 (Harrisburg International
Airport): 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 (Capital City Airport:
347 feet; Harrisburg International Airport: 310 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 ninety-degree
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 497 feet, for areas relating to
Capital City Airport, and 460 feet, for areas relating to the Harrisburg
International Airport, 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 697 feet (Capital City Airport) and 660 feet (Harrisburg International
Airport) 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 75 feet above the surface of
the land.
A.
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 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.
B.
Nonconforming uses.
(1)
Regulations not retroactive. 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 any nonconforming use, except as provided in § 295-133 (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 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 owner.
A.
Future uses. Except as specifically provided in Subsection A(1), (2) and (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 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 particularly 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 Subsection D.
(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.
(4)
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.
B.
Existing uses. Before any nonconforming structure may be replaced,
substantially altered or rebuilt or tree allowed to grow higher or
be replanted, a permit must be secured from the Township 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.
C.
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.
D.
Variance. 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 for a variance from the zoning regulations in question pursuant to Article I. A variance shall only be granted after the requirements of § 295-13D(3) 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. Notwithstanding any other provision of law, if the Zoning Hearing Board decides to grant a permit or variance under this article, it 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.
(1)
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.
E.
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 Township, at its own expense, or require the
person or persons requesting the permit or variance, to install, operate
and maintain thereon, at the owner's expense, such markers and
lights as may be required by guidelines or regulations adopted by
the FAA.
F.
Conflicts. 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 be 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.
The Zoning Hearing Board shall, in addition to the other powers
granted to it, have and exercise the following powers:
A.
To hear
and decide appeals from any order, requirement, decision, or determination
made by the Zoning Officer in the enforcement of this article;
B.
To hear
and decide special exceptions to the terms of this article, upon which
such Zoning Hearing Board may be required to pass; and
C.
To hear
and decide specific variances.
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 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 the State Airport
Zoning Act.
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 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.
