[HISTORY: Adopted by the Board of Supervisors of Fairview
Township 1-21-1998 by Ord. No. 98-12. Amendments noted where applicable.]
A.
Obstructions
near or about an airport as well as use of flight patterns thereon
have the potential for endangering lives and property of users of
an airport and property or occupants of land in its vicinity.
B.
Obstructions
may also affect existing and future instrument approach minimus of
an airport.
C.
Obstructions
may reduce the size of areas available for the landing, takeoff, and
maneuvering of an aircraft, thus tending to destroy or impair the
utility of an airport and the public investment therein.
D.
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
airport;
(2)
That
it is necessary in the interest of the public health, safety, 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.
This chapter shall be known and may be cited as the "Fairview
Township Airport Approach Height Limitation Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
A place where aircraft can land and take off, usually equipped
with hangars, facilities for refueling and repair, various accommodations
for commercial passengers.
The highest point of an airport's usable landing area
measured in feet from sea level.
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 zone height limitation slope set forth in § 120-5 of this chapter. In the plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones are set forth in § 120-4 of this chapter.
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.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace and
can also mean any structure, or tree, or use of land, which obstructs
the airspace required for the flight of aircraft in landing or taking-off
at an airport, or as otherwise hazardous to such landing or takeoff
of aircraft.
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
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 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 chapter
or any 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 non-precision-instrument
approach procedure has been approved or planned.
Any structure, tree, growth, or other object, including a mobile object, or use of land which creates a hazard to air navigation which exceeds a limiting height set forth in § 120-5 of this chapter.
An individual, firm, partnership, corporation, company, association,
joint-stock association or government entity; includes a trustee,
a receiver, an assignee, or similar representative of any of the above.
A runway having an existing instrument approach procedure
utilizing as 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 is set forth in § 120-4 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.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
Any man-made object having as ascertainable stationary location
on or in land or water, whether or not affixed to the land including,
but without limitation, towers, 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 side
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces for those portions of
the precision approach surface, which project through and beyond the
limits of the conical surface, exceed 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 assigned the duties of judging appeals of persons
aggrieved by the interpretation of the terms of this chapter and appointed
by the Township Supervisors.
In order to carry out the provisions of this chapter, 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 an airport.
Such zones are shown on the Fairview Township Zoning Map, which is
made a part of this chapter[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 Zone. The inner edge of the approach
zone coincides with the width of the primary surface and is 250 feet
wide. The approach 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 Non-Precision-Instrument Approach Zone. The inner
edge of this approach zone coincides with the width of the primary
surface and is 500 feet wide. The approach 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 Zone. The inner edge of
this approach zone coincides with the width of the primary surface
and is 500 feet wide. The approach zone expands outward uniformly
to a width of 1,500 feet at a horizontal distance of 5,000 feet from
the primary surface. The 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 Non-Precision-Instrument Approach Zone. The inner edge of
this approach zone coincides with the width of the primary surface
and is 500 feet wide. The approach zone expands outward uniformly
to a width of 3,500 feet at a horizontal distance of 10,000 feet from
the primary surfaces. 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
Non-Precision-Instrument Approach Zone. The inner edge of this approach
zone coincides with the width of the primary surface and is 1,000
feet wide. The approach 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 Zone. The inner edge of this
approach zone coincides with the width of the primary surface and
is 1,000 feet wide. The approach 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 Zones. The zones are areas beneath the transitional
surface.
H.
Horizontal Zone. This zone is established by swinging arcs of 5,000
feet radii for all runways designated utility or visual and 10,000
for all others from the center of each end of the primary surface
of each runway and connect in the adjacent arcs by drawing lines tangent
to those arcs. The Horizontal Zone does not include the approach and
transitional zones.
I.
Conical Zone. This zone is established as the area that commences
at the periphery of the Horizontal Zone and extends outward therefrom
a horizontal distance of 4,000 feet.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
Except as otherwise provided in this chapter, no structure shall
be erected, altered, or maintained, and no tree shall be allowed to
be planted in any zone created by this chapter to a height in excess
of the applicable height herein established for each of the zones
in question as follows:
A.
Utility Runway Visual Approach 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 Non-Precision-Instrument Approach 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 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 Non-Precision-Instrument Approach 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
Non-Precision-Instrument Approach 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 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.
G.
Transitional zones. Slopes are seven feet outward for each foot upward
beginning at the side 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. In addition to the foregoing, there
are established height limits sloping seven feet outward for each
foot upward beginning at the sides of 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 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.
(1)
Erie International Airport is 732 feet above mean sea level.
H.
Horizontal Zone. Established at 150 feet above the airport elevation.
(1)
Erie International Airport's Horizontal Zone is 882 feet above
mean sea level.
I.
Conical Zone. Slopes 20 feet outward for each foot upward beginning
at the periphery of the Horizontal Zone and at 150 feet above the
airport elevation and extending to a height of 350 feet above the
airport elevation.
J.
Excepted height limitation. Nothing in this chapter shall be construed
as prohibiting the construction or maintenance of any structure, or
growth of any tree to a height up to 40 feet above the surface of
the land.
Notwithstanding any other provisions of this chapter, no use
may be made of land or water within any zone established by this chapter
or other zoning district in such a manner as to create electrical
interference with navigational signals or radio communication between
the airport and aircraft, making it difficult for pilots to distinguish
between airport lights and others, resulting in a glare in the eyes
of pilots using the airport, impairing visibility in the vicinity
of the airport, creating bird strike hazards, or otherwise in any
way endanger or interfere with the landing, takeoff, or maneuvering
of aircraft intending to use the airport.
A.
Regulations not retroactive. The regulations prescribed in 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 a nonconforming use. Nothing contained
herein shall require any change in the construction, alteration, or
intended use of any structure, the construction or alteration of which
has begun prior to the effective date of this chapter and is diligently
prosecuted.
B.
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 of such markers and lights as shall be deemed
necessary by the Erie Municipal Airport Authority or its successor
to indicate to the operators of aircraft in the vicinity of the airport
the presence of such obstruction. Such markers and lights shall be
installed, operated and maintained at the expense of the Authority
or its successor.
A.
Future use. 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 encroaching into 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 information to determine compliance with this chapter. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been issued by the Zoning Hearing Board.
(1)
In the areas lying within the limits of the horizontal zone and conical
zone, no permit from this chapter shall be required for any tree or
structure less than 40 feet in vertical height above the ground, except
when, because of terrain, land contour, or topographic features, such
trees or structure would extend above the height limits for such zone.
(2)
In areas lying within the limits of the approach zone, but at a
distance of not less than 4,200 feet from each end of the runway,
no permit from this chapter shall be required for any tree or structure
less than 40 feet of vertical height above the ground, except when
such tree or structure would extend above the height limit for such
zone.
(3)
In the areas lying within the limits of the transitional zones beyond
the perimeter of the zone, no permits from this chapter shall be
required for any tree or structure less than 40 feet of vertical height
above the ground, except when, because of terrain, land contour or
topographic features, such trees or structures would extend above
the height limits for such zone.
B.
Existing use. No permit shall be granted that would allow the establishment
or creation of any obstruction or permit a nonconforming use or structure
to become a greater hazard to air navigation than it was on the effective
date of this chapter or any amendments thereto.
C.
Nonconforming uses abandoned or destroyed. Whenever the code enforcement
officer determines that a nonconforming structure or tree has been
abandoned or more than 80% torn down, physically deteriorated or decayed,
it shall be termed "abandoned" or "destroyed." No permit shall be
granted by this chapter that would allow replacement or structural
repair of the structure or tree replacement to exceed the applicable
height limits.
D.
Variance. Any person desiring to erect or increase the height of
any structure, or plant any tree, or use property, not in accordance
with the regulations prescribed in this chapter, may apply to the
Zoning Hearing Board for a variance from such regulations. The application
for variance shall be accomplished be a determination from the Federal
Aviation Administration or its successor and the Pennsylvania Department
of Transportation as to the effect of the proposal on the operation
of the air navigation facilities and the safe, efficient use of navigable
airspace. Such a variance shall be allowed where it is duly found
that a literal application or enforcement of the regulations will
result in unnecessary hardship and relief granted will not be contrary
to the public interest, will not create a hazard to air navigation,
and will be in accordance with the spirit of this chapter.
(1)
All applications for variance shall be forwarded to the Airport Manager
for advice as to the aeronautical effects of the variance. The Airport
Manager shall have 15 days to respond to the application or the Hearing
Board may act on its own to grant or deny the application.
E.
Obstruction marking and lighting. Any permit or variance granted
may, if such action is deemed advisable to effectuate the purpose
of this chapter, as to require the owner of the structure or tree
in question to install, operate, and maintain, at the owner's
expense, such markings and lights as may be necessary. If deemed proper
by the Zoning Hearing Board this condition may be modified to require
the owner to permit the Airport Authority or its successor, at its
own expense, to install, operate, and maintain the necessary markings
and lights.
It shall be the duty of the Fairview Township Zoning Administrator
or Code Enforcement Officer to administer and enforce the regulations
prescribed herein. Applications for permits and variances shall be
made to the Fairview Township Officers upon forms published for that
purpose. Application for action by the Zoning Hearing Board shall
be forthwith transmitted by the municipality.
Any person aggrieved, or any taxpayer affected, by any decision
of the Zoning Administrator or Code Enforcement Officer in the administration
of this chapter may appeal to the Zoning Hearing Board in accordance
with the provisions of the Pennsylvania Municipalities Planning Code.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall
be subject to the provisions of 53 P.S. § 10617.2, Enforcement
remedies, of the Pennsylvania Municipalities Planning Code.
[Amended 11-7-2012 by Ord. No. 2012-4]
Where there exists a conflict between any of the regulations
or limitations prescribed in this chapter 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 other
matter, the more stringent limitation or requirement shall govern
and prevail.
The provisions within this chapter are designed to fulfill the objectives cited in § 120-1 of this chapter. The degree of protection sought by the conditions and requirements of this chapter for the present and future residents and landowners in Fairview Township is considered reasonable for regulatory purposed in the various zoning districts. This chapter does not imply that compliance with the minimum requirements or that land uses permitted within such districts will be free from inconvenience, conflicts, danger or damages. Therefore, this chapter shall not create liability on the part of individual members of the Board of Supervisors or any officer, appointee or employee of Fairview Township for any damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder.
