A.
Authority. In addition to the authority for zoning in general as
authorized by the Pennsylvania Municipalities Code,[1] this article is adopted pursuant the authority conferred
by 1984 Pa. Laws 164 codified at 74 Pa.C.S.A. § 5911 et
seq., known and cited as the "Aviation Code of Pennsylvania" and specifically
that subchapter of the Aviation Code known as the "Airport Zoning
Act."
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Purpose. The purpose of this article is to create an airport district
overlay that considers safety issues around the Pocono Mountains Municipal
Airport, regulates and restricts the heights of constructed structures
and objects of natural growth, creates appropriate zones, establishing
the boundaries thereof and providing for changes in the restrictions
and boundaries of such zones, and creates the permitting process for
uses within said zones.
C.
Applicability.
(1)
This article applies to the Airport Overlay District created by § 400-11D of this chapter which includes all of the land lying beneath the approach surfaces, primary surfaces, transitional surfaces, horizontal surfaces and conical surfaces as applied to the Pocono Mountains Municipal Airport.
(2)
The Airport Overlay District shall not modify the boundaries
of any underlying zoning district.
(3)
Where identified, the Airport Overlay District imposes certain
requirements on land use and construction in addition to those contained
in the underlying zoning district. In addition to all other applicable
standards of this chapter, the requirements of this article shall
apply in the Airport Overlay District.
(4)
This article regulates and restricts the height to which structures may be erected or objects of natural growth are permitted to extend, and otherwise regulates the use of property, in the airport zones created by § 400-154 and provides for changes in the restrictions and boundaries of such zones; and defines certain terms.
The Board of Supervisors finds as follows:
A.
Certain airport hazards, as defined, in effect reduce the size of
the area available for landing, takeoff, and maneuvering of aircraft,
thus tending to destroy or impair the utility of the Pocono Mountains
Municipal Airport and the public investment therein;
B.
The creation or establishment of an airport hazard, as defined, is
a public nuisance and may injure the region served by the Pocono Mountains
Municipal Airport;
C.
It is necessary in the interest of public health, public safety and
general welfare that the creation or establishment of airport hazards,
as defined, be prevented;
D.
The prevention of these airport hazards, as defined, should be accomplished,
to the extent legally possible, by the exercise of police power without
compensation; and
E.
Both the prevention of the creation or establishment of airport hazards,
as defined, and the elimination, removal, alteration, mitigation or
marking and lighting of existing airport hazards, as defined, are
public purposes for which political subdivisions may raise and expend
public funds and acquire land or interests in land.
Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in Article III shall be given the meanings set forth in said article. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
The highest point of an airport's usable landing area measured
in feet above sea level. The airport elevation of the Pocono Mountains
Municipal Airport is 1,916 feet.
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 in
14 CFR Part 77 and 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 chapter and
Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
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,[2] is derived from the approach surface.
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.
Pennsylvania Department of Transportation.
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 chapter and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
An imaginary plane 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.
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 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 non-precision-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 by this chapter.
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.
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.
A defined area of 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.
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. The transitional
surface zone, as shown on Figure 1, is derived from the transitional
surface.
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.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.
[2]
Editor's Note: Figure 1 is included as an attachment to this chapter.
A.
Establishment of airport zones. There are hereby created and established certain zones within the Airport District Overlay District, defined in § 400-153 and depicted on Figure 1[1] and illustrated on the Pocono Mountains Municipal Airport
Hazard Area Map, hereby adopted as part of this chapter, which include:
(1)
Approach surface.
(2)
Conical surface zone.
(3)
Horizontal surface zone.
(4)
Primary surface zone.
(5)
Transitional surface zone.
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
B.
Notice. As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made) in any airport zone established by § 400-154, shall first notify the Department's Bureau of Aviation (BOA) and the Pocono Mountain Airport Authority by submitting PennDOT Form AV-57 and the FAA by submitting Form 7460-1 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof.
(1)
Submission with permit application. The BOA and FAA responses
must be included with the required permit application for it to be
considered complete.
(2)
No penetration of airspace. If the BOA or the FAA returns a
determination of no penetration of airspace with respect to height,
the permit request shall be considered in compliance with this article
unless any other applicable section is violated.
C.
Notice exemptions. Notice shall not be required in the cases specifically provided in this Subsection C. However, the exemption from the notice requirement shall not constitute an exemption from the permit requirement.
(1)
No change in height. Maintaining, repairing or replacing parts
of an existing structure which does not enlarge or increase the height
of the structure.
(2)
Trees. Planting any tree which will reach a maximum height of
less than 50 feet below the height limit prescribed for the zone.
(3)
Conical, horizontal and transitional zones. In the area lying
within the limits of the conical zone, horizontal zone and transitional
zone, any structure less than 35 feet of vertical height above the
ground, except when such structure would extend within 50 feet or
less of the height limit prescribed for the zone.
(4)
Approach zones. In areas lying within the limits of the approach
zones, any structure less than 15 feet of vertical height above the
ground, except when such structure would extend within 50 feet or
less of the height limit prescribed for the zone.
In addition to the requirements of § 400-126, the provisions of this section shall apply to applications for variance of the requirements of this article.
A.
Compliance. Any request for a variance shall include documentation
in compliance with 14 Code of Federal Regulations Part 77 Subpart
B (FAA Form 7460-1, as amended or replaced).
B.
FAA determination. The granting of a variance by the Zoning Hearing
Board shall depend on the determinations made by the FAA and the 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 Zoning Hearing Board shall consider which of the following
categories the FAA has placed the proposed construction in:
(1)
No objection. The subject construction is determined not exceed
obstruction standards and marking/lighting is not required to mitigate
potential hazard. Under this determination, a variance may be granted.
(2)
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 may be granted contingent upon implementation of mitigating measures in accord with Subsection D.
(3)
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. The variance shall be denied.
C.
Decision. Requests for variances shall be granted only where it is
duly found that a literal application or enforcement of the regulations
will result in unnecessary hardship and that relief granted will not
be contrary to the public interest, will not create a hazard to air
navigation, will do substantial justice, and will be in accord with
the intent of this chapter.
D.
Obstruction marking and lighting. Any variance granted pursuant to
the provisions of this article may be conditioned to require the owner
of the structure or object of natural growth in question to permit
the Pocono Mountains Municipal Airport, 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 assure
both ground and air safety.
Notwithstanding any other provisions of this chapter, no use
shall be made of land or water within the Airport District Overlay
in such a manner as to:
A.
Create electrical interference with navigational signals or radio
communications between the airport and aircraft.
B.
Make it difficult for pilots to distinguish between airport lights
and others.
C.
Impair visibility in the vicinity of the airport.
D.
Create bird strike hazards.
E.
Otherwise endanger or interfere with the landing, takeoff or maneuvering
of aircraft utilizing the Pocono Mountains Municipal Airport.
A.
Continuation. 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 a nonconforming use.
B.
Increased nonconformity. No nonconforming use shall be structurally
altered or permitted to grow higher, so as to increase the nonconformity.
