This chapter shall be known as the "Union Township Airport Zoning
Ordinance."
This chapter shall regulate and restrict the heights to which
structures may be erected or objects of natural growth and otherwise
regulate the use of property in the vicinity of the Finleyville Airport
by creating the appropriate zones and establishing the boundaries
thereof; provide for changes in the restrictions and boundaries of
such zones; define certain terms used herein; refer to the Finleyville
Airport Height Limitation and Zoning District Map which is incorporated in and made part of this chapter;
provide for enforcement, establishing a zoning hearing board; and
impose penalties. This chapter shall be enforced only with approval
from Union Township.
The following words and phrases, when used in this chapter,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise:
AIRCRAFT
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
AIRPORT
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 or private airports for public use and excludes
private airports and heliports. Public and private airports are defined
separately in this section.
AIRPORT ELEVATION
The highest point of an airport's usable 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 an airport or is otherwise hazardous as defined by
"airport hazard" in 74 Pa.C.S.A. § 5102, as amended, excluding
those items prior to the adoption of this chapter.
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
Act 164 of 1984 (Pennsylvania laws relating to aviation).
APPROACH SURFACE
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 chapter. In plan, the perimeter
of the approach surface coincides with the perimeter of the approach
surface zone.
BOARD OF APPEALS OR ADJUSTMENT
The Zoning Hearing Board as approved by the Township with
all the rights and regulations as promulgated by the Township.
CONICAL SURFACE
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to 1 for a horizontal distance
of 4,000 feet.
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 (see attached),
the datum shall be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE
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.
LARGER THAN UTILITY RUNWAY
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.
NONCONFORMING USE
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this chapter
or an amendment thereto and as determined by the appropriate federal
and/or state agencies subsequent to the adoption of this chapter and
to the satisfaction of the Township.
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 in this chapter
and subject to the definition of "nonconforming use."
PERSON
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.
PRECISION INSTRUMENT RUNWAY
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.
PRIMARY SURFACE
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 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. The expense of removing
any nonconforming use shall be the sole responsibility of the Finleyville
Airport.
PRIVATE AIRPORT
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.
PUBLIC AIRPORT
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.
RUNWAY
A defined area on 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 formation and overhead transmission lines.
TRANSITIONAL SURFACES
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.
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.
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 the Finleyville
Airport. Such zones are shown on the Finleyville Airport Height Limitation
and Zoning District Map prepared by the Township Engineer, which is
attached to this chapter 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
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
1/4 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 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 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 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. Utility runway visual 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 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 1,240 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 25 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 25 feet above mean sea level.
J. Excepted height limitations. 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 35 feet above the surface of the land, except as defined in §
70-7A as to reasonableness.
Any person aggrieved or taxpayer affected by any decision of
the Township Zoning Officer and/or his designee made in the administration
of this chapter may appeal to the Zoning Hearing Board as provided
by the applicable law.
In any case in which it is desired to remove, lower or otherwise terminate a nonconforming structure or use as determined subsequent to the adoption of this chapter, 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 served by it, may acquire by purchase, grant or condemnation, in the manner provided by the law under which the Township is 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 chapter. 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. The Township reserves unto itself the sole discretion to utilize any actions necessary for the implementation of this chapter and as more specifically set forth in §
70-13B.
Any person aggrieved or any taxpayer affected by any decision
of the Zoning Hearing Board may appeal to the Court of Common Pleas
as provided by law. In cases where applicable law does not provide
an appeal from a municipality to a board, a person or taxpayer may
appeal from a decision of a municipality or joint airport zoning board
as provided by law for similar zoning proceedings.
Notice and hearing. No airport zoning regulations shall be adopted,
amended or changed except by action of the Township or the Zoning
Hearing Board after a public hearing in relation thereto at which
parties in interest and citizens shall have an opportunity to be heard.
The notice shall be published once each week for two successive weeks
in a newspaper of general circulation in the municipality or municipalities
affected. The notice shall state the time and place of the hearing
and the particular nature of the matter to be considered at the hearing.
The first publication shall not be more than 30 days or less than
14 days from the date of the hearing.